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HomeMy WebLinkAboutEasements - 1/15/2014, San Dorado Public Waterline Utility Easement, KDC San Dorado Retail, LLC, (Grantor), Orac F. ANN RODRIGUEZ, RECORDER 11111111111111111111111111111111111111111111111111111111 Recorded By: ESK of Fotki DEPUTY RECORDER �8' SEQUENCE: 20140150402 4924 �' t NO. PAGES: 10 SOROV1 11N' EASMNT 01/15/2014 TOWN OF ORO VALLEY .� 11000 N LA CANADA DR 44I1olt". 14:14 MAIL ORO VALLEY AZ 85737 AMOUNT PAID: $10.50 UTILITY EASEMENT K& SR' & 10 RQ+. s I , ("Grantor"), does hereby grant to 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. C:1Users\banderson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Contact.Outlook\VDWRZ2CK\Water Utility Easeniait Revised 032408(2).doc GRANTOR: KDC SAN DORADO RETAIL, LLC, an Arizona limited liability company By: Canada del Oro Partners, an Arizona general partnership, Sole Member By: KDC First & Oracle, LLC, an Arizona limited liability company, Managing Partner By: Kitchell Development Company, an Ariz a orporation, Manager WUZA,-- By: • Name: TTe' to. Q.11 Title: ''Pres;• ,4 Date: i 17/0/0iti STATE OF: Arizona ) )ss. COUNTY OF: Maricopa ) SUBSCRIBED AND SWORN to before me this 7 • day of ,_AlnuG,r , 20N by Z-ektirO.,fl- who is known to me or has satisfactorily been identified as the nctuoter for the Grantor, and is a duly authorized agent to sign on behalf of KC1I '-eudort4 affyinc. in which to bind and obligate the Grantor. OFFICIAL SEAL NANCY A. HODSON ? NOTARY PUBLIC-State of Arizona ' " "' MARICOPA COUNTY My Comm,Expires Fob,1,zoi s Nota • •lic My Commission Expires: /4.70/S' 11 January 6, 2014 WLB No.181057-8013.1003 W:\LEGALS\1810571Parcel H\Water-Phase 1.doc N:181057\R-012\Legals\Water Legal, Conimercial.dwg The WLE3 Group LEGAL DESCRIPTION SAN DORADO PUBLIC WATERLINE EASEMENT Multiple strips of land within Lots 1 through 4 and Lots 6 through 7 of SAN DORADO,LOTS 1 THRU 8, recorded in the office of the Pima County Recorder, in Sequence No. 20131760125, and lying within Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, the centerline described as follows: COMMENCING at a found ADOT Monument along the southeast right-of-way line of Oracle Road, labeled LS 19854, as shown on sheet 4 of the plat of said San. Dorado, said point being the beginning of a curve concave to the Southeast,a radial line through said point bears N 48°33'22"W; THENCE Northeasterly along the arc of said tangent curve to the right, having a radius of 16,270.22 feet, and a central angle of 1°28'03", for an arc distance of 416.71 feet; THENCE leaving the right-of-way S 47°05'19" E, 32.72 feet to a point herein referred to as Point"A". Run A: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"A"; THENCE S 00°00'00" E, 33.87 feet to a point herein referred to as Point"A-I", said point • being on the Southwest lot line of said Lot 7, said point being the POINT OF TERMINUS. Run B: A strip of land 15.00 feet wide, the centerline described as follows: COMMENCING at said Point"A-I"; THENCE S 41°01'27" E, 42.88 feet along said lot line to a point of curvature of a tangent curve concave to the Southwest; THENCE Southeasterly along said lot line, along the arc of said tangent curve to the right, having a radius of 275.00 feet, and acentral angle of 10°08'01", for an arc length of 48.64 feet to a point of non-tangency herein referred to as Point"B", said point being the POINT OF BEGINNING; Page 1 of 7 January 6, 2014 WLB No.181057-R013-1003 W:1LE GALS11810571Parcel H\Water-Phase 1.doc N:181057\R-012\Legals\Water Legal_Commercial.dwg THENCE N 77°41'56" E, 53.40 feet; THENCE N 66°26'56" E, 5.00 feet; THENCE N 43°56'56" E, 20.28 feet to a point herein referred to as Point"B-1.t; THENCE continue N 43°56'56" E, 18.82 feet to a point herein referred to as Point "B-2"; THENCE continue N 43°56'56" E, 22.29 feet to a point herein referred to as Point"B-3"; THENCE continue N 43°56'56" E, 22.21 feet to the POINT OF TERMINUS. Run B-1: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"B-1"; THENCE N 46°03'04"W, 30.00 feet to the POINT OF TERMINUS. Run B-2: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"B-2"; THENCE N 46°03'04"W, 28.71 feet to the POINT OF TERMINUS. Run B-3: A strip of land 15.00 feet wide,the centerline described as follows: BEGINNING at said Point"B-3"; THENCE N 46°03'04"W, 30.00 feet to the POINT OF TERMINUS. Run C: A strip of land 15.00 feet wide, the centerline described as follows: COMMENCING at said Point"B", said point being on a curve concave to the Southwest,a radial line through said point bears N 59°06'34" E; Page 2of7 January 6, 2014 WLB No.181057-8013-1003 W:ILEGALS11810571Parcel H\Water-Phase 1.doc N:18105718-0121Legals\Water Legal_Commercial.dwg THENCE Southerly along the arc of said tangent curve to the right,having a radius of 275.00 feet, and a central angle of 30°32'48", for an arc distance of 146.61 feet to a point of tangency; THENCE S 00°20'38" E, 212.63 feet to a point on the East lot line of said Lot 6, said point being the POINT OF BEGINNING; THENCE S 80°39'22"W,25.50 feet to a point herein referred to as Point"C-I",said point being the POINT OF TERMINUS. Run c-1: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"C-1"; THENCE S 00°20'38" E, 55.00 feet; THENCE S 22°50'38" E, 37.89 feet; THENCE S 00°20'38" E, 142.33 feet to the POINT OF TERMINUS. Run C-2: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"C-I"; THENCE N 00°20'38"W, 26.00 feet to a point on the North lot line of said Lot 6, said point herein referred to as Point"C-2", said point being the POINT OF TERMINUS. Run D: A strip of land 15.00 feet wide, the centerline described as follows: COMMENCING at said Point"C-2"; THENCE S 89°39'22"W, 106.64 feet along said lot line to a point of curvature of a tangent curve concave to the Southeast; THENCE Southwesterly along said lot line, along the arc of said tangent curve to the left, having a radius of 60.00 feet, and a central angle of 29°42'58", for an arc length of 31.12 Page 3 of 7 January 6, 2014 WLB N o.181057-RU 13-1003 W:1LEGALS\1810571Parcel Mater-Phase 1.doc N:181057\R-0121Legals\Water Legal_Commercial.dwg feet to a point of non-tangency herein referred to as Point"D", said point being the POINT OF BEGINNING; THENCE S 41044'43" W, 24.69 feet to a point herein referred to as Point"D-1"; THENCE continue S 41°44'43"W, 102.68 feet to a point herein referred to as Point"D-2"; THENCE continue S 41044'43"W, 23.73 feet to a point herein referred to as Point"D-3"; THENCE continue S 41°44'43"W, 135.79 feet to a point herein referred to as Point"D-4"; THENCE continue S 41°44'43"W, 10.39 feet to a point herein referred to as Point"D-5"; THENCE continue S 41°44'43"W, 8.63 feet to a point herein referred to as Point"D-6"; THENCE continue S 41°44'43"W, 15.98 feet to a point herein referred to as Point"D-7"; THENCE continue S 41°44'43"W, 98.02 feet to a point herein referred to as Point"D-8"; THENCE continue S 41°44'43"W, 136.26 feet to a point herein referred to as Point"D-9"; THENCE continue S 41°44'43"W, 8.70 feet; THENCE S 86°44'43"W, 49.53 feet to a point herein referred to as Point"D-10"; THENCE continue S 86°44'43"W, 49.53 feet; THENCE N 49037'21"W, 72.78 feet to a point herein referred to as Point"D-11"; THENCE continue N 49°3721"W,26.10 feet to a point herein referred to as Point"D-12"; THENCE continue N 49'37'21"W, 39.08 feet to a point herein referred to as Point"D-13"; THENCE continue N 49°37'21"W, 8.23 feet; THENCE N 41°44'43"W, 504.34 feet to a point herein referred to as Point"D-14"; THENCE continue N 41°44'43"W, 141.68 feet to a point on the Northeast lot line of said Lot 4, said point being the POINT OF TERMINUS. Run D-1: A strip of land 20.00 feet wide, the centerline described as follows: Page 4 of 7 January 6, 2014 WLB No.181057-R013-1003 W:\LEGALS\1810571Parcel 'H'M ater-Phase 1.doc N:1810571R-012\Legais\Water Legal_Cornmercial.dwg BEGINNING at said Point"b-I"; THENCE S 48°15'17" E-, 24.62 feet to the POINT OF TERMINUS. Run D-2: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"D-2"; THENCE N 48°15'17"W, 22.98 feet to the POINT OF TERMINUS, Run D-3: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"D-3"; THENCE N 48°15'17"W, 111.04 feet; THENCE N 41°44'\43" E, 14.38 feet to the POINT OF TERMINUS. RunD-4: A strip of land 15.00 feet wide,the centerline described as follows: BEGINNING at said Point"D-4"; THENCE N 48°15'17"W, 103.38 feet to the POINT OF TERMINUS. Run D-5: A strip of land 20.00 feet wide, the centerline described as follows: BEGINNING at said Point"0-5"; THENCE S 48°15'17" E, 24.50 feet to the POINT OF TERMINUS. Run D-6: A strip of land 15.00 feet wide, the centerline described as follows: Page 5 of 7 • R January 6,2014 WLB No.181057- 013-1003 W:1LEGALSl181057\Parcel H\Water-Phase 1.doc N:181057\R-0 12\Legals\Water Legal_Commercial.dwg BEGINNING at said Point"D-6"; THENCE N 4801517"W, 46.70 feet to the POINT OF TERMINUS. Run D-7: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"D-7"; THENCE N 48°15'17"W, 103.38 feet to the POINT OF TERMINUS. Run D-8: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"D-8"; THENCE S 48°15'17" E, 24.00 feet to the POINT OF TERMINUS. Run D-9: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"D-9"; THENCE S 48°15'17" E, 15.71 feet to the POINT OF TERMINUS. Run D-10: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"0-10"; THENCE S 03°15'17" E, 28.82 feet to the POINT OF TERMINUS. Run 0-11: A strip of land 20.00 feet wide, the centerline described as follows: BEGINNING at said Point"D-11"; THENCE S 40°22'39"W, 33.03 feet to the POINT OF TERMINUS. Page 6 of 7 January 6, 2014 WLB No,181057-R 013-1003 WALE GALS\181 0571Parcel H \Water-Phase 1.doc N:1810571R-012\Legals\Water Legal_Commercial.dwg Run D-12: A strip of land 20.00 feet wide, the centerline described as follows: BEGINNING at said Point"D-12"; THENCE N 40°22'39" E, 20.82 feet to the POINT OF TERMINUS. Run D-13: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"D-13"; THENCE N 40°22'39" E, 21.53 feet to the POINT OF TERMINUS. Run D-14: A strip of land 15.00 feet wide, the centerline described as follows: BEGINNING at said Point"D-14"; THENCE N 48°15'17"W, 25.01 feet to the POINT OF TERMINUS. The sidelines of said strips to be lengthened or shortened to intersect at all angle points, at the South right-of-way line of Tangerine Road, at the West lot lint of Lot 8,and at the Northeast, South and Southwest lot lines of Lot 5. -.4#;'Orr Prepared by: 4t; Tt THE WLB GROUP, INC. 41-11? 25923 a R��ERT L. LARSON 1C 0 1>e \:yjo Robert L. Larson RLL:jaw `x�° • EXPIRES 3/31/2034 Page 7 of 7 , ,S 47'05'19" E N. / *<1 / 32.72' ', /\R=16,270.22' ,/ LOT 7 N ,/ .R-16,270.22 '4" , ' * L -416.71 �,. 'UN A A \ RUN B/ f=0128 03 F . ADOT MONUMENT ), / ` ‘''' 44 4 I" /ACP LS 19854 ,' -/- B-1 FIRST AVENUE EXTENSION ,C\O.39S N64'51 51 W // "B" N ` PUBLIC INGRESS, EGRESS AND � �� // \ PUBLIC UTILITY EASEMENT -/ t 1 � ,, � . � PER DKT, 9867, PG. 1896 .,< N �Ca ,/' LOT \ / '\\ / --.. // \ N\`. N, / , , CR/ // /// P \ ',1' ----- ______ _ —-- . ,„ ..... _ _ __ _ f7 N\NN. r ti i \.// "r5fy .{.* f' zak1-1• f'/ k , / C-2\ ---_______ ....... '��\moi/ �,/ �/f,� LOT I E t, !f • '' // ////i. ••, / XIST SEWER AND TELEPHONE / /,/ LOT 3 ;, _� , , EASEMENT PER DKA: 6677, PG. 1014 / / �� /,/ / / / ,/ /// �� 1 N t/ +�++I :/... /\ /, / ' ,. `'' D-4 LOT 6 �.1 f \ / / / , ,, ...I N / ti /' //// • t!t 7 // / // • D-8 /// D-6 / r/ ' LOT 2 /�� �`� ,„ \ / / t D-1 �/ ! 11 /// 4/ /, , / / ---- N // D-1 / ,, LOT1 �. 1 • // // �� fN ,/' EXHIBIT TO ACCOMPANY DESCRIPTION OF E / // PUBLIC'C IIA.LER EASEMENT r T / WITHIN , ,SAN DORADO 1 "=200' LOTS 1-4, 6-7 The SECTION 7 T. 12 S.,- R. 14 E., G.S.R.M., WL B WL8 No. 181057--R--013-1003 ► Groupe 113 1!19 N: 181057 8--012 .e +�ls Water Le al Commercivl.dw PIMA COUNTY, ARIZONA