HomeMy WebLinkAboutEasements - 2/18/2014, Public Utility Easement (Underground), Northwest Hospital LLC (Grantor), Oracle Rd., #223 F. ANN RODRIGUEZ, RECORDER 11111111111111111111111111111111 1111 1111
Recorded By: ESK
DEPUTY RECORDER , C� SEQUENCE: 20140490305
4924
;4,4 ,,�F. , Z NO. PAGES: 7
SOROV
't"04\\ :_7//.4s1EASMNT 02/18/2014
TOWN OFOROVALLEY ,
11000 N LA CANADA DR 11I11014Q' 12:03
MAIL
ORO VALLEY AZ 85737
AMOUNT PAID: $9.00
PUBLIC UTILITY EASEMENT
(Underground)
NelValakiL,
Northwest Hospital LLC, a Delaware Limited Liability Company, successor by merger with HDP
Northwest LLC`a Delaware Limited Liability Company(Owner in fee simple) and a
Delaware Limited Liability Company, successor to Boyer Rancho Vistoso 1± (Ground Lessee) Yitibq
L..C.
(hereinafter referred to as "Grantor"), hereby grants to all Public utility companies and agencies, their
successors and assigns(hereinafter collectively referred to as"Grantee"), for$25,769.00, a non exclusive
easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct,
inspect and remove at any time and from time to time the lines and appurtenant facilities owned by
Grantee for the transmission and distribution of electricity, telephone and other communications, gas,
water and cable television, consisting of, underground wires conduits, cables, vaults, manholes,
handholes, and including above-ground enclosures, markers, concrete pads, and other appurtenant
fixtures and equipment reasonably necessaryor useful for transmitting and distributing electrical energy,
communications, gas, water and cable television, in, over, under, across and along that certain real
property described as follows("the Easement Area"):
SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit
the erection, placement or maintenance of any building, walls or fences upon the above-described
Easement Area which would unreasonably impair the repair, maintenance or removal of any or all of the
facilities that constitutes use or access to Grantee's facilities in the Easement Area. Grantor reserves the
right to use the land within the above described Easement Area consistent with all Federal, State and
Local regulations, rules, zoning and other laws that does not otherwise interfere with Grantee's facilities.
All systems, including electrical, communication, gas and cable television installed by Grantee in and
upon the above-described easement and right of way, shall remain the personal property of the Grantee
utility and shall not be deemed a part of the realty.
Grantee and its contractors, agents and employees shall have the right to reasonably trim or top
such trees and to cut such roots and reasonably remove such obstacles that could endanger or interfere
with said systems, and shall have free access to said systems and every part thereof, at all times, for the
purpose of exercising the rights herein-granted.
Grantee shall have the right during construction of any of a specific utility's initial facilities, to use
for the purposes incidental to said construction, a strip of land 10 feet in width adjacent and contiguous to
the herein-granted easement and right of way, said strip to be in whole or in part on either side of said
easement and right of way, as shown on Exhibit "A" attached hereto said right to use said strip of land
ceasing and being terminated at such time as said initial construction is completed.
Grantor shall not substantially increase or decrease the ground surface elevation within the
Easement Area and right of way after approved final grade is established and meets Grantee's
construction standards. Subsequent to the construction, the ground surface shall not be penetrated to a
depth in excess of 12 inches by any tool or implement, without having the underground facilities located
and taking all necessary precautions to protect them. If subsequent to construction, Grantor changes the
grade in such a way as to require relocation of the facilities, the cost shall be borne by Grantor or
subsequent owners.
Grantor hereby agrees that these covenants are made for the above-described real property
which is the subject of this easement and right of way. Grantor hereby warrants and represents, and
acknowledges Grantee's reliance upon said warranty and representation, that Grantor has good and
sufficient title to the real property in order to grant said easement and right of way, subject to all matters
apparent or of record.
,
Notwithstanding any grant within this easement to the contrary this easement is granted with the following
restrictions on any and all Grantees that choose to locate their facilities within the Easement Area:
1. There shall be no unreasonable interference with the operation of the operation of any of
Grantor's business activities to include the activities of Grantor's lessees, licensees or
invitees, and any interference with Grantor's business activities shall be preceded by 14 days
notice.
2. Any Grantee choosing to locate their facilities within the Easement Area is required to return
the ground within the Easement Area to as close as possible to the condition immediately
prior to any groundwork being done.
3. Any Grantee choosing to locate their facilities within the Easement Area shall indemnify and
hold harmless Grantor from any damage, injury or cause of action resulting from failure to
maintain or re[air or from said Grantee's exercise or use of this easement.
In consideration of the mutual terms, covenants and conditions herein contained, this easement
shall be binding upon and inure to benefit of any heirs, executors, administrators, permittees, licensees,
agents, or assigns of Grantor and any successors and assigns of Grantee.
[Signature page follows. Intentionally left blank.J
In witness hereof, the Grantor has executed these presents this 3�° day
of !ricMrtA 2011.`}
Fee Owner:
NORTHWEST HOSPITAL LLC, a Delaware Limited
Liability Company, successor by merger with HDP
Northwest LLC a g,_`wa�� r.te• ' ,:'lity Company
' )BY: iti-,
Martin G. Schweiflh&t
TITLE: President
STATE OF -ibilltlir- ve-' )
ss.
COUNTY OF It);I 1 ietilk‘ITY) )
This instrum w
tas acknowledged before �,�the undersigne notary public, by
[ h H. �G.7et1�'►��.Y� this 3.5 day of JAaY'L4 , 201
as rGS` �vt"�' for wie�' 4-11zerwpkVil.a.. f,•
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No ary Public
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Ground Lessee:
VICl
UTAH II, LLC, a Delaware Limited Liability
Company,successor to Boyer Rancho Vistoso 'L.0.
6y: tkp,sic.. ; *tattoo);"9 .4c
BY: AA/19,,Pet. togat3,e_c_
TITLE: VP
STATE OF Te K 44:4e e
} ss.
COUNTY OF txJ1L\I-cA.vi~
This instrument was acknowledged before me, the undersigned notary public, by
4.Ass/L_ et. 2('c (.Q... this /Co day of —M.4c) 2014,
as V GGA P,y' 2L't't for ocpAr-di A1..L
Reuben J.San Nicolas
Notary Public
r Tennessee
Williamson County,
'ice '
My Commission Expires 611212016
NVI,,1I81HX3
. •
Si V & ASSOCIATES LLC surveyors
ASSOCIATES, engineers
530 South Main Avenue, Suite A •Tucson,Arizona 85701 planners
(520)882-9392 • Fax(520)882-5506
MAY 10,2013
SJV#TEP9927-2
Rev.May 23,2013
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
A PUBLIC UTILITY EASEMENT WITHIN THAT PARCEL OF LAND AS RECORDED IN DOCKET 11486 AT
PAGE 2421,RECORDS OF PIMA COUNTY,ARIZONA AND LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 29,TOWNSHIP 11 SOUTH,RANGE 14 EAST,GILA AND SALT RIVER BASE AND MERIDIAN,
PIMA COUNTY,ARIZONA,DESCRIBED AS FOLLOWS:
•
•
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 29;
THENCE S 89°40'30"E,A DISTANCE OF 453.43 FT.TO A POINT ON THE WEST RIGHT OF WAY LINE OF
STATE ROUTE 77(ORACLE HIGHWAY);
THENCE N 00°41'59"E,ALONG SAID WEST LINE,A DISTANCE OF 1492.39 FT.;
THENCE CONTINUING ALONG SAID WEST LINE,N 00°42'40"E,A DISTANCE OF 74.45 FT.TO THE
SOUTHEAST CORNER OF THAT PROPERTY AS DESCRIBED IN DOCKET 11486 AT PAGE 2421,RECORDS
OF PIMA COUNTY,ARIZONA AND THE POINT OF BEGINNING.
THENCE N 89°17'20"W,ALONG THE SOUTH LINE OF SAID DOCKET,A DISTANCE OF 30.00 FT.;
THENCE N 00°42'40"E,ALONG A LINE BEING 30.00 FT.WEST OF AND PARALLEL WITH SAID WEST
LINE,A DISTANCE OF 361.67 FT.TO A POINT ON THE SOUTH LINE OF VISTOSO COMMERCE PLAZA
CONDIMINUM PLAT,PER BOOK 62 OF MAPS AND PLATS AT PAGE 23,RECORDS OF PIMA COUNTY,
ARIZONA;
THENCE S 89°17'20"E,ALONG SAID SOUTH LINE,A DISTANCE OF 30.00 FT.TO THE SOUTHEASTERLY
CORNER OF SAID PLAT ON SAID WEST RIGHT OF WAY LINE;
THENCE S 00°42'40"W,ALONG SAID WEST LINE,A DISTANCE OF 361.67 FT.TO THE POINT OF
BEGINNING.
BASIS OF BEARINGS IS PER DOCKET 11486 AT PAGE 2421.
SAID EASEMENT CONTAINING 10,850 SQ.FT.OR 0.25 ACRES,MORE OR LESS.
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WILLIAM S.VAHL-Registered Professional Engineer WILLIAM E.JOHNSON-Registered Land Surveyor
Registered Land Surveyor DAVID N.BOOKER - Registered Land Surveyor
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VISTOSO COMMERCE PLAZA
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WITHIN THE SE. 1/4. SECTION 29, Q
T. 11 S., R 14 E. _ L6
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PIMA COUNTY, ARIZONA
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V,itsp LAND-1 30' PUBLIC UTIUTY EASEMENT 1 • .
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IP 1143
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DAVID
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f BOOKERHDP NORTHWEST, LLC 1 .
0 A.P.N 223-02-01613
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RANCHO VISTOSO CENTER, LLC
A.P.N. 223-02-017G
•
' DK T. 11770/849
1"=100'
LINE BEARING DISTANCE
Li S 89'40130" E 453.43'
L2 N 00'41'59" E 1492.39'
L3 N 00'42'40" E 74.45'
L4 N 89'17'20" W 30.00' N
L5 N 00'42'40" E 361.67'
L6S 89'17'20" E 30.00'
L7 _ S 00'42'40 W 361.67'
REPARED BY:
V & ASSOCIATES S. 1/4 COR. SEC. 29
30 S. MAIN AVE. SUITE AL1 SJV #TEP9927-2
CSON, AZ 85701 MAY 10, 2013
520) 882-9392 REV. MAY 23. 2013