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Home My WebLink AboutEasements - 1/23/2014, Private Sewer Easement Agreement, Town of Oro Valley (Grantor), Oro Valley Country Club, F. ANN RODRIGUEZ, RECORDER 111111111111111111111111111111101111111111111111101101 Recorded By: ESK 4st,„t% DEPUTY RECORDER 4rt, -*N‘C)0 SEQUENCE: 20140230269 49244 cAD jc:40-.,\ iiilf4( litz NO. PAGES 8 SOROV t:0\‘ `' EASNINT 01/23/2014 TOWN OF ORO VALLEY • litiz0141** 12:48 11000 N LA CANADA DR MAIL ORO VALLEY AZ 85737 AMOUNT PAID: $9.50 FEB r14Atil1:18 IOU EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made between the Town of Oro Valley, Arizona, a municipal corporation ("Grantor") and The Oro Valley Country Club Inc. ("Grantees"), collectively("the parties"). The parties agree as follows: WHEREAS, The Grantor is the owner of the land more specifically described as the Greenock Right-of-Way located on a portion of Greenock Drive of Valle Del Oro Town homes in Oro Valley, Arizona. WHEREAS, The Grantees land is adjacent to the Greenock Right-of-Way which is owned by the Grantor. Grantees have requested an easement to use the property of the Grantor for the limited purpose as described in Exhibit"A"to install a Force Main. NOW, THEREFORE, in consideration of the following and the mutual conditions set forth in this Agreement, Grantor does hereby grant an Easement and privilege to the Grantees subject to the conditions set forth in this Easement Agreement, to enter upon the above described land of the Grantor, as described and depicted in Exhibit"B"subject to the following conditions. Conditions: 1. This Easement is granted for the purpose as provided in Exhibit "A" and as described in Exhibit 44B19. 2. The Grantees shall only be permitted to use the subject property for the purpose as described in Exhibit "A". All modifications and/or alterations to the property shall be the sole cost and expense of the Grantees. 3. Hours for construction and noise procedures for construction of the force main and for construction at the Grantee's property shall be followed in accordance with Oro Valley Town Code, Section 1 0-1-4. 4. The Grantee's responsibility shall be limited to damage caused by the Grantee's agents,employees or assigns and only for damage resulting from the actions or negligence of the same. 46,411.,..vrom Joh*OV Cinat,Oar tmentovt Apt.notn174".....,(111,14 5. Grantee shall repair and restore the Premises to a like and equivalent condition as existed prior to the construction activity and shall be responsible for any damage, claims or loss occurring on the property during the term of this easement caused by Grantee's negligent use of the property or by negligent acts or conduct of its employees,agents,contractors or assigns. 6. For any scheduled construction on the easement, Grantee will provide a minimum of thirty (30) days notice to the Grantor. Emergency repairs shall not require advanced notice of any kind, however,Grantee shall notify Grantor within 24 hours of any emergency repair activities. 7. The Grantee shall construct the Force Main in accordance with applicable federal, state and local laws, Town code and regulations and obtain any permits as may be required. All permits obtained shall be at Grantee's expense and any Town of Oro Valley Property Taxes shall not apply to Grantor's land contained within the easement as described in Exhibit "B" as long as the Agreement is in effect 8. Nothing contained in this Easement Agreement shall be construed as granting title to the subject land owned by the Grantor. 9. Grantees shall abide by all applicable federal,state and local ordinances, statues and regulations. 10. Approval of this Easement Agreement is subject to compliance with all conditions and provisions of approved plans and specifications. 11. The Grantor warrants that he holds good title to the burdened land, and thereby have the authority and right sign this Easement Agreement. 12. All easements and rights described in this Easement Agreement 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,the Grantee and the Grantor,their successors and assigns,respectively. 13. Grantees shall indemnify, defend and hold harmless the Grantor, its officers, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims demands or damages of any kind or nature in all circumstances even when the grantor is negligent arising out of the Easement which are attributed to any act or omission of the Grantees, their agents,employees,or any one acting under their direction,control or on their behalf. 14. Any notice required or permitted to be given pursuant to this Agreement shall be in writing and shall be served by certified mail upon the other party. When served by certified mail service shall be conclusively deemed made five (5)days after posting thereof in the United States mail, postage prepaid,addressed to the party to whom such notice is to be given as hereinafter provided. IF TO THE GRANTEE: Oro Valley Country Club Inc. 300 W Greenock Dr Oro Valley,AZ 85737 IF TO THE GRANTOR: Director of Development Infrastructure Services Town of Oro Valley 11000 N. La Cafiada Drive Oro Valley,Arizona 85737 Legal Services Director Town of Oro Valley 11000 N. La Catiada Drive Oro Valley, Arizona 85737 Or to such other respective addresses as either party may from time to time designate in writing. 15. This Agreement is subject to A.R.S. § 38-511 which provides for cancellation of contracts by the Grantor for certain conflicts of interest. 16. This is the entire Agreement between the Parties. If any portion(s)of this Agreement is(are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Agreement which shall continue in full force and effect. 17. Upon execution by the Parties, Grantee shall have the Agreement recorded in the Office of the Pima County Recorder. 18. In the event Grantee discontinues use of the easement for the purposes described in Exhibit "A" Grantee's easement rights as described in Exhibit"B: shall become null and void. IN WITNESS WHEREOF,the parties hereto have executed this Easement Agreement as of this _ 07/9ay of:Tetnilafter , 20)LI. GRANTEE Oro Valley ountr b Inc. ....r.t ilf Date: Jost Pr gYi Zi 1014 1 State of Arizona ) ) ss. County of Pima ) 3 i t On thisdl a ofjff) 1Q , O1/� before me personally appeared whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be,and acknowledged that he or she signed the . e/attached do, ent. f, P. re i .t. topNotary Public l etaii'0f , 'PAULA MAA ,..tl; 1. Notary Public.Arizona TOWN OF ORO VALLEY .} irk Pima County • •., My Comm.Expires Sep 3,2015 <07 a 40,feff..„, ,,----,,,.....„...„ Dr. Satish I.:1iremath,Mayor ATTEST: APPROVED AST .; ►' : ' -192.-.Y-P14/A-fr*-\---'- 4/effilfr; ...t de01" ,. ie K.Bower,Town Clerk Tobin Sidles,Legal Services Director Date: /,4 / //Zi' Date: 1 it-i iiii- 4 EXHIBIT"A" PURPOSE OF USE An easement to use the property of the Town(Grantor)as described in Exhibit"B"for the limited purpose of construction, installation, maintenance, and repair of an underground force main and associated protective casing pipe and above ground identification monuments to serve the Oro Valley Country Club Inc. (Grantee). CALIsers\dlewsaDocomentAtobslOV Country CtutnEasement Agreement IC amended 011514.cloc EXHIBIT "B" LEGAL DESCRIPTION C:\UserstdawsiDocumentsUobslOV Country C1ub;Easement Agreement TC amended 0115144oc October 10, 2013 WI_B No. 104025-A-007-1003X WALEGALS\104025A\Sewer Easement_5.doc Th113 croup LEGAL DESCRIPTION VALLE DEL ORO TOWNHOIVIES PRIVATE SEWER EASEMENT A portion of Greenock Drive of Valle Del Oro Townhomes, a sub-division of record in the office of the Pima County, Arizona Recorder, in Book 36 of Maps and Plats at Page 25, lying within Section 13, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County,Arizona, said portion being more particularly described as follows; COMMENCING at the centerline intersection of Greenock Drive and Valle Del Oro Road as shown on said plat; THENCE N 00°04'00"E along the centerline of said Greenock Drive a distance of 138.06 feet to the TRUE POINT OF BEGINNING; THENCE N 89°56'00"W a distance of 30.00 feet to a point on the Westerly right-of- way line of said Greenock Drive; THENCE N 00°0400"E along said Westerly right-of-way line, a distance of 20.00 feet; THENCE S 89°56'00" E a distance of 60.00 feet to a point on the Easterly right-of- way line of said Greenock Drive: THENCE S 00°04'00*W along said Easterly right-of-way line, a distance of 20.00feet; THENCE N 89°56'00°W a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Containing '1,200 square feet. Prepared by: \ THE W1_13 GROUP, INC. 1 A., L. Li 4, Ar10ATE „be(*Ai.", r26923 % ill ROBERT L. LARSON f...1./ Robert L. Larson, RLS ;rimier) =ono EXPIRES 3/31/2014 5131/2014 Page 1 of 1 .., 1 98 -, v, _._..- 5' EXIST. ScWER EASEMENT i.'II 1--- r,rio ., ---- „ ., ,,,,,, krt,..414: .. 1... , 1 1 1 7:::\ PER DK T. 6647 PG. 572 N ,„....,-.4 \\ ..,..---- -----''.--- ..... 10' EXIST. Will TY EASEMENT , ......- _,,,,„.— v,......--.................. . -• PER ,,,,, 1 i .„ V 1-7. 'tmullir11111r- ' ...... , \"\\ igik I 192 , , \ i‘ .,, ,A ..........— - -0,..... Els/ -.5 \ ‘.,•,,,,A GREEO \ '‘, li a -.„ \ , \ - - i \ •••°. ' i I C.:)C0 irk\ 7-4 % X \ 'IL ''. '..1V-t•' ,,':' ',-.0 -NE iii ' 1 . v . \\....11-_ ' , \ k ‘ ,,,V.,..‘,. \,.., , ,.. 0-----m(--.., \ i. , ,, ,,. . ...,. ,,,„..% ‘ -4.\ .....-... 1 _.f.t... -I ,-,--- ....„- -.._..-_- .- --- —....... -1----t),---, ' • - - i , ..,1 / ' 71 I I 1 -1 1 I ' 1 1 ..,.•—. 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' GREENOCK DRIVE VALLE DEL ORO TOWATHOMES - 1-.1oo' BOOK 36 AMPS PLATS PAGE 25 -\TAlin VinilLE SECTION 13, T. 12 ? G.S.R.M., PIMA COUNTY, ARIZONA Group WL13# project No. 104025-A-007-1003X N:\1 04025\Exhibit\Sewer Ea sernent_5•DWG . .........._ .. ..... ......,• ...._ ._ ....,... ......._ ,._ , _............... ...... ...._•. ......., •..... . ...,.... _...... .........._... ........,..,... ...„ ..,...,.. ...........•..._.• . .,..... ..... .... . ............... .._ ...,.... .