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HomeMy WebLinkAboutEasements - 7/30/2014, Temporary Utility Easement, Maracay 91, LLC (Grantor), Rancho Vistoso Neighborhood 10 & 1 F. ANN RODRIGUEZ, RECORDER 111111111111111111111 1 ,111111111111111 Recorded By: S*1 O1 I .44 DEPUTY RECORDER tit-r SEQUENCE: 20142110558 4929 r ` x NO. PAGES: 7 SOROV u d FASMNT 07/30/2014 TITUS BRUECK ER & LEVINE PLC 411/Z00. ,ifi- '" 15:11 8355 E HARTFORD DR 200 MAIL SCOTTSDALE AZ 85255 $9.00 AMOUNT PAID: TEMPORARY UTILITY EASEMENT MARACAY 91,L.L.C.,an Arizona limited liability company, ("Grantor"), does hereby grant to Oro Valley Water Utility, ("Grantee"), a temporary 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 (the"Easement Property"). 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 "A",attached hereto and incorporated herein by this reference(the"Facilities"). Notwithstanding anything herein to the contrary,the Easement shall automatically terminate and be of no further force and effect upon Grantor's notification to Grantee that Grantor has constructed a water line(the"Replacement Water Line")replacing the Facilities and such Replacement Water Line has been accepted by the Town of Oro Valley. Grantee shall execute such documents and instruments as may be reasonably necessary to evidence the termination of the easement. 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 it 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, and 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 1 Page 2 of 7 Sequence No. 20142110558 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] Page 3 of 7 Sequence No. 20142110558 •A4 THIS EASEMENT granted this, day of_,20 t' IN WITNESS WHEREOF,the Grantor hereto has executed this Agreement as of the date first above written. GRANTOR: MARACAY 91,L.L.C., an Arizona limited liability company B, 0,4( /_ ► , 1 ter' Name: 7.7 • Title: Vs& 4014 . OW • STATE OF ARIZONA } } ss. County of Pima } The foregoing instrument was acknowledged before me this 2044 day of 20 lq,1q, by T ,the g.p.(AA komonau of MARACAY 91,L.L.C.,an Arizona limited liability company,on behalf of such entity. Al FE Ad, Notary ' 'lic My commission Expires; 2)1i?at, NIP SCHu1TZ .�'Notary Pubiio. t.tt PtAtf as"(70" Marico a Co�l� qty Comma Madcap. E tr at►a!� March 24 2Q Page 4 of 7 Sequence No. 20142110558 EXHIBIT"A" Easement Property • Page 5 of 7 Sequence No. 20142110558 . March 18,2014 WLB No. 185050-MY04-1003X WALEGALS118505o\Nh101Pebbie-Creek\temp-PUE-PBBLE.doc The WLB Group RANCHO VISTOSO ""�. NEIGHBORHOOD 14&11 PUBLIC UTILITY EASEMENT A Public Utility Easement over, under and across a portion of Pebble Creek Drive,a roadway described in Docket 12019 at Page 657 in the office of the Pima County,Arizona Recorder,and lying within portions of Section 23,and Section 26,Township 11 South, Range 13 East, Gila and Salt River Meridian,Pima County,Arizona,said easement being 40.00 feet on each side of the following described centerline; COMMENCING at the centerline intersection of Pebble Creek Drive and Maspalomas Drive as shown on sheet 11 of 16 of Rancho Vistoso Neighborhood 10 Parcels B and C,and Neighborhood 11 Parcel AC,a sub-division of record in the office of the Pima County,Arizona Recorder, in Book 58 of Maps and Plats at Page 84, said point being on a curve concave to the Southeast,having a radius of 500.00 feet,a radial line passing through said point bears N 18°43'44"W; THENCE Easterly along said curve,through a central angle of 44°14'19",a distance of 386.05 feet to a point of reverse curvature,said curve being concave to the Northwest,having a radius of 950.00 feet? THENCE Northeasterly along said curve,through a central angle of 06°14'54",a distance of 103.60 feet to a point hereafter described as"POINT A',a radial line passing through said point bears S 19°15'41"W; THENCE continue Northeasterly along said curve,through a central angle of 00°51'12", a distance of 14.15 feet to the TRUE POINT OF BEGINNING; THENCE continue Northeasterly along said curve,through a central angle of 98°24'29", a distance of 1631.67 feet; THENCE N 10°00100"E a distance of 580.09 feet to the beginning of a curve,concave to the Southeast, having a radius of 700.00 feet; THENCE Northeasterly along said curve,through a central angle of 80°00'00",a distance of 977.38 feet; THENCE N 90°00'00" E a distance of 159.69 feet to the beginning of a curve,concave to the Southwest,having a radius of 700.00 feet; THENCE Easterly along said curve,through a central angle of 15°14'03",a distance of • 186.12 feet to the POINT OF TERMINUS, a radial line passing through said point bears N 15°14'03"E,said point hereafter described as`POINT B'. TOGETHER WITH the following described parcels; Page 1 of 2 Page 6 of 7 Sequence No. 20142110558 March 18,2014 WLB No. 185050-MY04-1003X W:\LEGALS\1854501Nhl0lPebbie-Creekttemp•-PUE-PBBLE.doc COMMENCING at the previously described `POINT A',said point being the TRUE POINT OF BEGINNING; THENCE N 19°15'4V E a distance of 40.00 feet to a point on a curve,concave to the Northwest, having a radius of 910.00 feet, a radial line passing through said point bears S 19°15'41"W; THENCE Northeasterly along said curve,through a central angle of 00°51'12",a distance of 13.55 feet,a radial line passing through said point bears S 18°24"29"W; THENCE S 18°24"29"W a distance of 40.00 feet to a point on a curve,concave to the Northwest, having a radius of 950.00 feet; THENCE Southwesterly along said curve,through a central angle of 00°51'12"a distance of 14.15 feet to the TRUE POINT OF BEGINNING. ; COMMENCING at the previously described `POINT B',said point being on a curve, concave to the Southwest,having a radius of 700.00 feet,said point being the TRUE POINT OF BEGINNING; • THENCE Southeasterly along said curve,through a central angle of 18°35'01*,a distance of 227.04 feet,a radial line passing through said point bears N 33°49'04"E; THENCE S 33°49'04"W a distance of 40.00 feet to a point on a curve,concave to the Southwest, having a radius of 660.00 feet; THENCE Northwesterly along said curve,through a central angle of 18°35'01*,a distance of 214.07 feet,a radial line passing through said point bears N 15°14'03"E; THENCE N 15°14'03"E a distance of 40.00 feet to the TRUE POINT OF BEGINNING. Prepared by: a LA t;""i* t ICA -orti THE WLB GROUP, INC. �°' �� \f.\ ca 44121 SA c ar PETER a. I M COTE r °46Peter D. Cote, RLS 44121 -r►,� ed v.• ONA, °' EXPIRES 3-31-2015 Page 2 of 2 Page 7 of 7 Sequence No. 20142110558 I 1 - ealkirr.V4ittriag° 819-19-9130 MARACAY 91 LLC. POT I .... ..... --,,,,,,1-.',77, - ..._ .... ... ' 40 '—i ' ',' i ,s,,,,,,,:::::::.3*,..,,,,,,, • ,,.,N 1 ,,•.:,,,&,....,'''' --. 80 ' Nt. ,..-,. POINT 'B' At ....,. tip-a- via ! . ±,:', vEroso MARACAY 01 I.I.C. • ),,It, je , . Q IC 58, IMP PO.84 ,1 oil 119-811-4180' MARACA)*91 1.LC ii . 1 13 ,,, Co Altr.13841 • , ••• ' 40 • Mk kJ 819-49-4141 Q. JURACIY 91 LLC. I I . 1 D. 1 4 GoiliffrriG i , ._. ' POC / ., . . .. , ! , - -- POINT 'A' "MOB , I itt, ., .,,' now ,..„,,,, /0 km,. co Q. 919-28-4154 it+i,.. • , • 1 .:,„AND 1 " Ammar PI LL.C. BIL5Ifild PG.13 I 1 I 119-112--4168 maascar 91 LLC. 1 I I ! ••••& 1 I irtli.,, i r-- ----- ---. 1 ( EXHIBIT TO ACCOMPANY DESCRIPTION OF 1 PUBLIC UTILITY EASEMENT I 1 SECTION 23 & 26, T. 11 S., R. 13 E., G.&S.R.M., 1 PIMA COUNTY, ARIZONA 1"=500' Th e 1 VdirLOB111111LE F 1 , up. i WI.B# project No. 185050—MY04—I 003X IN:\185050\NEIGH10\MY01 Donut Hole Platting\SURVEY\PUE pebble exhibit.dwg Plotted: Apr. 07,2014