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HomeMy WebLinkAboutEasements - 10/14/2014, Water Easement, Pima County (Grantor), Countryside Terrace, Lots 240 through 398 and Blo WATER EASEMENT PIMA COUNTY, a political subdivision of the State of Arizona and Pima County Flood Control District, a political taxing subdivison of the State of Arizona (hereinafter referred to as "Grantor"), hereby grants to Oro Valley Water Utility, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to lay, construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time water lines and appurtenant facilities for the transmission and distribution of water, consisting of fixtures and equipment necessary or useful for distributing water (collectively the "Facilities") in, 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, landscaping, earth fill, walls or fences upon the above-described easement which would impair the repair, maintenance or removal of any or all of the facilities. All systems, including water facilities installed by Grantee in and upon the above-described easement and right of way, shall remain the personal property of the Grantee and shall not be deemed a part of the realty. Grantee and its contractors, agents and employees shall have the right to cut tree roots and 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 the 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 each side of said easement and right of way, said right to use said strip of land ceasing and being terminated at such time as said initial construction is completed. Grantor shall not increase or decrease the ground surface elevation within the boundary of the above-described easement 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. Grantee shall restore the Easement Area to a good and clean condition, and if the Easement Area is paved, restore said pavement. Grantor hereby agrees that these covenants are made only 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. Additional conditions are included In attached 'Addendum to Easement,"which is incorporated herein by reference. 36569 1 00097558 1 v 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. In witness hereof, the Grantor has executed these presents this 14th day of October 2014. ATTEST: GRANTOR: PIMA COUNTY,a political subdivision of the State of Arizona • / ' as4 J i Clerk of the Board Chair o the Pima County Board of Supervisors Robin Brigodie gharon Bronson Printed Name Printed Name OCT 1 4 2014 STATE OF ARIZONA ) } § COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this I Hs"' day of 0 , 2014, by Sharon Bronson, as the Chair of the Pima County Board of Supe. 'sors for Pima County, a political subdivision of the State of Arizona. OFFICIAL SE' BERNADETTE D. RUSSELL 'f 9 NotaryPublic-ArzonaN'oto ry Public PIMA lic PI }A COUNTY41/ill' My Comm.Exp.02i22/2011 ATTEST: GRANTOR: PIMA COUNTY FLOOD CONTROL DISTRICT,a political taxing subdivision of the State of Arizona By: Clerk of the Board Chair of the Pima County Board of Directors Robin Brigod Sharon Bronson Printed Name Printed Name oci 1 4 2014 STATE OF ARIZONA ) COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this (4 1. dayofOCA-Dko-g-C9 , 2014, by Sharon Bronson, as the Chair of the Pima County Board of Dir= f•r Pima County, - political / subdivision of the State of Arizona. I -40 Notary Public OFFICIAL SEAL BERNADETTE D. RUSSELL I ,�-, Notary Public Arizona 1' A'' '" � PIMA COUNTY My Comm.Exp. 3212212017 36569/00097558/ v I Addendum to Easement Cultural Resources Compliance. Consistent with Pima County Board of Supervisors Policy No. C 3.17, Grantee, its employees, contractors and agents shall comply with all applicable federal, state and local cultural resources and historic preservation statutes, regulations, ordinances, policies and guidelines prior to and during any ground disturbance within the Easement area. Grantee shall coordinate with the Pima County Office of Cultural Resources and Historic Preservation when planning and designing 9 9 implementing and when cultural resource compliance activities. Grantee is solely responsible for all costs related to cultural resource compliance activities arising from Grantee's activities within the Easement area. Indemnity. Grantee shall indemnify, defend and hold Grantor harmless from any and all present or future claims, demands and causes of action in law or equity caused by the negligent or intentionally wrongful acts of Grantee's agents, employees or contractors in connection with Grantee's use of the Easement area. County Ordinances Compliance. Grantee shall be subject to all County ordinances now in force or hereafter adopted. Grantee shall use and operate its Facilities within the Easement Area in accordance with all regulations applicable to the use of public it rights- of-way. i hts- of-way. Grantee agrees that will not assert any claim against the County that the provisions of this easement or any applicable County ordinance or regulation in force at the time of execution of this easement are unreasonable, arbitrary or void. Relocation of Facilities. If subsequent to construction, Grantor, pursuant to Grantor's public use of the Easement Area, would require relocation of the facilities, Grantor may require Grantee to relocate all or any portion of the Facilities on Grantor's Property as is necessary to accommodate Grantor's actual or proposed public use of the Easement Area that is incompatible or inconsistent with this Easement. In such event Grantor shall give written notice to Grantee of such public use, and Grantee will relocate all or any portion of the Facilities as specified in the notice as expeditiously as possible, but no later than 120 days after receipt of the notice. Grantor shall make all reasonable effort to allow an easement on Grantor's property at no cost to Grantee. Facility relocation costs shall be at Grantee's sole expense and to the satisfaction of Grantor; provided that there shall be no additional cost to Grantee for the value of the new easement area. Grantee waives any claim to compensation or reimbursement from Grantor for any relocation costs. If Grantee fails to relocate the Facilities as provided herein, Grantee shall be responsible for delay costs as provided in Pima County Ordinance 10.50.060. 36569 1 00097558 1 V I Exhibit DESCRIPTION OF WATER LINE EASEMENT Those portions of the properties described Docket 8554 at page 749,Docket 8554 ata e 761,and in that at 16 feet Access and Maintenance easement shown on the COUNTRYSIDE TERRACE, Lots 240 through 398 and Block A, subdivision as shown in Book 37, page 53 of Maps and Plats, all in the office of the Recorder, Pima County,Arizona,described as follows: Easement Area I COMMENCING at the northwest corner of said Block A; THENCE South 00 degrees 00 minutes 16 seconds East, 103.49 feet along the west line thereof to the northwest corner of said 16 feet Access and Maintenance easement; THENCE North 89 degrees 59 minutes 44 seconds East, 103.84 feet along said easement to aP oint of curvature; THENCE along a curve to the left, having a radius of 100.00 feet and a central angle of 45 degrees 02 g minutes 16 seconds, an arc length of 78.61 feet to the POINT OF BEGINNING; THENCE continue along said curve to the left,whose radius point bears North 45 degrees 02 minutes 31 seconds West, havinga radius of 100.00 feet and a central angle of 023 degrees 41 minutes 41 seconds, an arc length of 41.35 feet to a point on the exterior boundary of the COUNTRYSIDE TERRACE,Lots 1 through 239, subdivision as shown in Book 37, page 51 of Maps and Plats in the office of the Recorder, Pima County,Arizona; THENCE South 81 degrees00 minutes 00 seconds East, 16.32 feet along said exterior boundaryand said easement to POINT"A",beingapoint of cuspon the southeast line of said easement; THENCE southerly along said southeast line and curve to the right, whose radiusPo int bears North 70 degrees 26 minutes 56 seconds West,having a radius of 116.00 feet and a central angle of 019 degrees 44 minutes 16 seconds,an arc lengthof 39.96 feet; g THENCE North 81 degrees 38 minutes 02 seconds West, 19.22 feet to the POINT OF BEGINNING. Easement Area 1 is 649.6 square feet,more or less. TOGETHER WITH those portions of Docket 8554,page 761 and Docket 8554, Page 749 in said Pima County Recorder's office described as follows: Easement Area 2 BEGINNING at said Point"A"; THENCE South 81 degrees 00 minutes 00 seconds East, 325.68 feet along said exterior boundaryto an angle point; THENCE North 42 degrees 40 minutes 56 seconds East,7.86 feet along said exterior boundary; THENCE South 81 degrees 38 minutes 02 seconds East, 826.28 feet; THENCE North 46 degrees 10 minutes 30 seconds East,443.07 feet; THENCE North 01 degrees 07 minutes 23 seconds East, 28.26 feet to said exterior boundary of the COUNTRYSIDE TERRACE, Lots 1 through 239,subdivision; THENCE North 46 degrees 10 minutes 30 seconds East, 159.68 feet along said exterior boundary to an angle point; THENCE North 23 degrees 37 minutes 23 seconds East, 13.04 feet along said exterior boundary; THENCE North 46 degrees 10 minutes 30 seconds East,278.99 feet; THENCE North 23 degrees 37 minutes 23 seconds East, 498.19 feet to a point on a line common with said exterior boundary and property described in said Docket 8554 at page 761; THENCE South 66 degrees 39 minutes 04 seconds East, 28.00 feet along said common line to an angle point,also being POINT"B"; THENCE South 61 degrees 26 minutes 39 seconds East, 12.04 feet along a line common with property described in said Docket 8554 at page 761 and property described in Docket 8554,page 749; THENCE South 23 degrees 37 minutes 23 seconds West,505.27 feet; THENCE South 46 degrees 10 minutes 30 seconds West,437.10 feet; THENCE South 01 degrees 07 minutes 23 seconds West,3532 feet; THENCE South 46 degrees 10 minutes 30 seconds West,479.26 feet; THENCE North 81 degrees 38 minutes 02 seconds West, 1190.25 feet to a point of non-tangent curvature,from which point the radius point bears North 50 degrees 42 minutes 39 seconds West; THENCE northerly along a curve to the left, having a radius of 116.00 feet and a central angle of 019 degrees 44 minutes 14 seconds,39.96 feet to the POINT OF BEGINNING. Easement Area 2 is 102,108.0 square feet, more or less. TOGETHER WITH that portion of 16 feet Access and Maintenance-way in said COUNTRYSIDE TERRACE,Lots I through 239,subdivision lying southerly of the following described line: Easement Area 3 COMMENCING at said Point "B" being the beginning of a curve to the right, from which point the radius point bears South 67 degrees 39 minutes 08 seconds East; THENCE northeasterly along the southeasterly edge of said 16 feet Access and Maintenance-way easement and curve to the right, having a radius of 353.00 feet and a central angle of 009 degrees 22 minutes 27 seconds,57.75 feet to the POINT OF BEGINNING; THENCE North 58 degrees 16 minutes 41 seconds West, 16.00 feet to the northwester!y edge of said 16 feet Access and Maintenance-wayeasement to the POINT OF TERMINATION. Easement Area 3 is 942.8 square feet,more or less. I� rrllfl ) Y. r t(7 x M 4~ ; 31030OWENS �4 1 MICHAEL D. 4 m, 14'. c, /pt tc . N W-IE S fillmill1majr I SCALE: 1* = 4001 coUNTRYBIDE TERRA og (BK 374 z. pa 61 M&P) EASEMENT AREA 3 Airier AfP cotiNTR YEUDE ,,..!..rvir ir , Witi)4s TERRACE coUNTRYsJa5Aily ( c) A st) (BK 37, TEFIFIAG Arirkiip , p PG 63 Nip) (BK 37, r1 Ae PG 61 M8y) fig 41r4,,,p2o '44* W.441,.' 0$ de 1) • As i 0 NIP w4„ .....2L1111141111411. 111 1F li111111111111$11$ rill11 \\Sr 1# 11 * 0 ---- ......._ 111111 drd° --,..., !Ls.... EASEMENT AREA I .. - APN 221-07-006A DKir 86640 Pe 749 EASEMENT '-..- ---- r"--;--- AREA 2 I I 0 Nate: This is an exhib.it. drwring 1/ic'1/4‘certelb-64.\\21(a.\\ ORO VALLEY WATER UTILITY , only. See legal descripbon for :g \l/4? 31030yi 01' EASEMENT EXHIBIT I i complete information. ,ce MICHAEL DwOVERALL ev , < a \ ei. OWENS2%,.), I S24, Tin, R12E (G&SRIA) \<7\irdp ..9ighod.7'' vy Pima County, Arizona Westland Resources,Inc 'N ! Tucson - Phoenix • flagstaff EXPIRES 3/31/20I5 5 p=it"""'"'s:Wasims MAY 27, 2014 ii R AMIN/ N E S 0' 40' 011.11.1immiml SCALE: 1" = 40' COUNTRY SIDE TERRACE (8K37, ,,,----'-------- PG 63 NIP) 14 41:1,14 ii: Ca orZed ix Er 1 tcx < o zu1 En 0 POINT OF EASEMENT 8 COMMENCING AREA 1 40, ,n, ..........., ............, .....,. ....., , , ............. / A , , , —....... , ./' z Iv 4111 >Pic ---- ......_ ____ _ __...... ____. ...._ , ............ .� ____ -- -- --- , -........ --� - PAINT �� ``` —~,, .._._ ....., BEGINNING AP 221-'07-'006A DKT 8664, R0 749 I T — 1 CO i --1 --if(e-- , Note: Thi is an exhibit drawing 7,(:)/tOSCt '� � ORO VALLEY UTILITY3�� 1030 0, ,� AREA 1 EASEMENT EXHIBITc�n to information. MICHAEL D. of °�, � OWENS or j S24, T (G&SRM)12S, Ri 2E \\-�► a , A • Pima County, Arizona Westland Re rces Inc. .sp� p , 1.5 ITucson • Phan& • staf .....ar.tist., 2•10."mow EXPMS 3/ "vo MAY 27, 2014 N 4E S 0' 400' 011111.111116.m1 SCALE: r = 400' C OUNifi Y SIDE TERRA 0.5 LSI< 37, / PG 61 M&P) flier 11104 III C 0444;1412e g tfir ri POINT 13" MK 37„ Pa 63 M&P) COUNTRYSIDE -...„ 4 4,5,4„,,, imer c, A "TERRA CE ( I< 37, gabby Al 0 • . PG 61 MLP ) 1111F 411P0 AtftiCt6)44‘tio / S Se A s !'galilielisoli#11,_11111111111_,..11111111111L111111111_,11111111111Mr11111$ h , of s tQ4 . .-• z:kt ..-----. , APN 221-07-006A ‘.., ...-- - DKT 8564, PG 749 EASEMENT AREA 2 i 1 III i •,:--, "•,71-0 -„ Note: This is an exhibit drawing /t) fo IcA '\" 417- tA ORO VALLEY WATER UTILITY only. See legal description for ,iaf 31030 , cici, AREA 2 EASEMENT EXHIBIT fi complete information. ix M CHAEL D 1 cc 0 OWENS \../ i S24, Ti2S, R12E (G&SRIA) Pima County, Arizona Westland Resources,Inc /kW/A 0'5 II Tucson • Phoenix . flagstaff essi L ni.o.nott Deft EI RD 3/31/2015 MAY 27, 2014 ......, s N 1 4E1 ‘/O‘ o, s il CDt1N7R Y 61DI 40' TERFA CE q SCALE: t' = 40' (B}< 37,, �'5qy Pd 61 Map.) / / 1 1\ 16., LOT 189 / +64, vile 0 4+ 4,1, q's41,0 LOT 160 PONT OF qr TERPOINT OF i BEGINNING 4/ ....a__ EASEMENT •01T '3:. AREA 3 r /g APN 221--07—006A DXT 8664,, PD 749 ,, ,7 1 , k 4. am!.--,,-, ;--i;-• Note: This is an exhibit drawing //,.c?/;r: F•�,�` a�►. See tea, ,��P�, f� ,17- el, � ORO VALLEY (NATER UTILITY complete information. '° MICHAEL° o � AREA 3 EASEMENT EXHIBIT 5 1.,-. `,;,\ Kop,.\\:,,,,,.,.______f.OWENS �` i S24, Ti 2S, R1 2E (G&SRM) ,.,.��f` ��� s;g1ed Pima County, Arizona p. Westland Resources,inc. 2p�yA 9.5 j•t Tucson �gs�x _�-� 'ahw..4-a----ex:�"'gym aoa�s E�5 3/31/2015 MAY 27. 2014 Standish, Michael From: Jacklitch, Robert Sent: Wednesday, October 22, 2014 1:46 PM To: Standish, Michael Cc: Ruiz, David; Kendrick, George; Kobida, Mary Subject: FW: Countryside Waterline (EASE-14-08) Attachments: SKMBT_C45114102114170.pdf Mike—here is the recorded water easement from Pima County. Thank you, Bob From:Steve Oliverio [mailto:SOliverio@westlandresources.com] Sent:Wednesday, October 22, 2014 12:32 PM To:Jacklitch, Robert Cc:Thom Martinez; Mike Owens Subject: FW: Countryside Waterline (EASE-14-08) Bob, The easement was recorded earlier today. We will add the sequence number listed below to the plan sheets and make our re-submittal to PCFCD. Please contact us if you have any questions or comments. Thanks. Steve Oliverio Development Lead WestLand Resources, Inc. 4001 E Paradise Falls Drive I Tucson, AZ 85712 Office: (520) 206-9585 I Fax: (520) 206-9518 Direct: (520) 382-8976 Cell: (520) 850-4665 From: Dana Hausman [mailto:Dana.Hausman©pima.gov] Sent: Wednesday, October 22, 2014 12:27 PM To: Steve Oliverio Subject: Countryside Waterline (EASE-14-08) Hi Steve, The attached recorded today, 10/22, in Sequence 20142950105. Dana llausman. Sr. Administrative Specialist Pima County Real Property Services 201 N. Stone, 6'1' I-1. Tucson, AZ 85701 (520) 724-6713 Fax: (520) 724-6313 1 usman@wima.gov From: realbiz@pima.gov [mailto:realbiz@pima.gov] Sent: Tuesday, October 21, 2014 2:18 PM To: Dana Hausman Subject: Message from KMBT_C451 2