HomeMy WebLinkAboutEasements - 2/23/2015, Water Utility Easement, Smith's Food & Drug Centers, Ind. dba Fry's Food & Drug Stores (G F. ANN RODRIGUEZ, RECORDER 111111101111111111111111111111111101111111011111111111111111111
Recorded By: KMS yogtoti
DEPUTY RECORDER ipek% SEQUENCE: 20150540208
4935 `� . � .
y NO. PAGES: 4
SOROV EASMNT 02/23/2015
TOWN OF ORO VALLEY `411I1014t' 11:46
11000 N LA CANADA DR MAIL
ORO VALLEY AZ 85737
AMOUNT PAID: $8.00
UTILITY EASEMENT
Smith's Food & Drug Centers, Ind., an Ohio corporation, dba Fry's Food and Drug Stores
("Grantor"), does hereby grant to Town of Oro Valley—Water Utility, ("Grantee"), a perpetual
easement and right-of way for ingress and egress and a utility easement on, over, under, and
through the burdened land as legally described in Exhibit "A", attached hereto and incorporated
herein by this reference. Grantee is hereby granted the right to lay, construct, operate, maintain,
inspect, repair, replace, relocate and remove utility facilities and appurtenances on, over, under,
and through the burdened land as shown in Exhibit "B", attached hereto and incorporated herein
by this reference.
Grantee may enter the Property at all reasonable times necessary or convenient to
accomplish the foregoing. Following entry for the above purposes, Grantee shall restore the
Property to a good and clean condition, and if the property is paved, restore said pavement.
This easement is subject to the following conditions:
1. Grantor may use said right-of-way and easement for any purposes not inconsistent
with actual use of said right-of-way and utility easement for the purposes herein
granted, so long as Grantee's use and access to this right-of way and easement is not
obstructed.
2. Grantor warrants that he/she holds good title to the burdened land, and thereby has
the authority and right to enter into this agreement.
3. All easements and rights described herein are easements and rights running with the
land, perpetually in force and effect, and at all times shall inure to the benefit of, and
are binding on, Grantee and Grantor, their successors and assigns, respectively.
4. Any and all easements and rights granted herein shall be freely assignable by Grantee.
5. Reference in subsequent deeds of conveyance, or in any mortgage or deed of trust or
other evidence of obligation, to the easements and rights described in this conveyance
within any subsequent conveyance of the burdened land or assignment of easement
and or easement rights shall be sufficient to create and reserve such easements and
rights to the respective grantees, mortgagees, and trustees of such unit of ownership
as fully and completely as though such easements and rights were recited fully and set
forth in their entirety in such documents.
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6. Grantor shall not be responsible for any claim, action, injury to person or property,
expense, demand or judgment arising from Grantee's use and enjoyment of the
easement rights granted herein.
THIS EASEMENT granted this fh dayof 20 /5 .
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GRANTOR
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By: 09011%-:/ Y 40
Title: sal)
STATE OF ARIZONA )
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COUNTY OF PIMA )
This instrument was acknowledged before me this 1 a day of P.for Lull , 20 iS , by
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Notary Public
My Commission Expires: rnetrcli a s o�01 5
MARY J. OJEDA
Notary Public,State of Arizona
Maricopa County
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Harvey Land Surveying, Inc.
461 East Dartmouth Drive
Casa Grande, Arizona 85122
NOVEMBER 20, 2014
EXHIBIT A
UTILITY EASEMENT LEGAL DESCRIPTION
A PARCEL OF LAND FOR THE PURPOSE OF UNDERGROUND UTILITIES,TOGETHER.WITH
ACCESS FOR THE MAINTENANCE OF SAID UTILITY.LOCATED WITHIN LOT 8 OF MERCADO AT
CANADA HILLS,A SUBDIVISION OF RECORD IN THE OFFICE OF PIMA COUNTY RECORDER,
STATE OF ARIZONA,AS RECORDED IN BOOK 64 OF MAPS AND PLATS AT PAGE 93,AMENDED
TO LOT 8A,AND RECORDED AS SEQUENCE NUMBER.20123610523,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF OF SAID LOT 8A FROM WHENCE THE
NORTHWEST CORNER OF SAID LOT 8A BEARS SOUTH 89 DEGREES 58 MINUTES 20 SECONDS
WEST FOR A DISTANCE OF 156.19 FEET;
THENCE SOUTH 89 DEGREES 58 MINUTES 20 SECONDS WEST,ALONG THE NORTH LINE OF
SAID LOT 8A A DISTANCE OF 14.34 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE WESTERLY ALONG SAID NORTH LINE,A DISTANCE OF 6.00 FEET;
THENCE DAPARTING FROM SAID NORTH LINE SOUTH 00 DEGREES 01 MINUTES 18 SECONDS
EAST,A DISTANCE OF 11.73 FEET TO A POINT THAT INTERSECTS WITH THE UTILITY
EASEMENT ACCORDING TO DOCKET 13554 PAGE 259,PIMA COUNTY RECORDER;
THENCE EASTERLY ALONG SAID EASEMENT LINE NORTH 89 DEGREES 58 MINUTES 42
SECONDS EAST,A DISTANCE OF 6.00 FEET TO AN ANGLE POINT IN SAID UTILITY EASEMENT
LINE;
THENCE NORTHERLY ALONG SAID EASEMENT LINE NORTH 00 DEGREES 00 MINUTES 36
SECONDS WEST,A DISTANCE OF 11.74 FEET TO THE POINT OF BEGINNING.
CONTAINING 70.40 SQUARE FEET OR 0.0016 ACRES,MORE OR LESS.
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WaterEasementLot8A-M.TD.doc Page 1 of I
EXHIBIT B ,
UTILITY EASEMENT
MERCADO AT CANADA HILLS AMENDED LOT 8A
LOT 9A
BK. 64 PG. 93, FOR POINT OF
SEQ. 20123610523 BEGINNING 1 POINT OF
L1 " ' COMMENCEMENT
t, .... S89'58'20''W(R) 156.19'(R) i L2 L1"--
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LOT 8A ------- •---L5
LINE TABLE BK. 64 PG. 93, POR II - U
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Ll S8958'201'W 14.34' SEQ. 20123610523
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L3 S00'01'18"E 11.73' _
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L4 N89'58'42"E 6 00' a_
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• EXISTING 15' UTILITY EASEMENT
LEGEND DKT. 13554 PG 229 /
• OTHER PROPERTY LINE i Pr
EASEMENT HARVEY LAND SURVEYING, INC
461 EAST DARTMOUTH DRIVE
(R) BEARINGS/DISTANCES
PER RECORDED PLAT
SHEET 2 OF 2 CASA GRANDE, ARIZONA 85233
DATE: 11/20/2014 (520) 876-4786 _ ,