Loading...
HomeMy WebLinkAboutEasements - 1/8/2013, Utility Easement, First American Title Insurance Co., (Grantor), Parcel 20021310987, Deser • * E RECORDING * Page 1 of 5 I 11111 1111 11111 1111111111111111111111111111111111111111 SEQUENCE: 20130080348 No. Pages: 5 1/8/2013 2:20 PM PiMy F. ANN RODRI GUEZ, RECORDER ,;rzo�� Recorded By: MNC(e-recordin• When recorded mail to: ' Town of Oro Valley 11000 N. La Canada Dr Oro Valley, Az 85737 • Attn: Mr.Mark Moore UTILITY EASEMENT FIRST AMERICAN TITLE INSURANCE COMPANY, A California corporation as Trustee only under Trust No. 5656 and not otherwise, ("Grantor"), does hereby grant to TOWN OF ORO VALLEY ("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: I. 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. S 1AZTucson-lfltl►E River\735\TRUST\5636.Watcr Utility Easemcnt.doc Rec. d• • E 'ctx0 'catty ID -.d ".0 me County, i Date .• Time • elimpl le,com 800.460.5657 When recorded mail to: Town of Oro Valley 11000 N. La Canada Dr Oro Valley, Az 85737 Attn: Mr.Mark Moore UTILITY EASEMENT FIRST AMERICAN TITLE INSURANCE COMPANY, A California corporation as Trustee only under Trust No. 5656 and not otherwise, ("Grantor"), does hereby grant to TOWN OF ORO VALLEY ("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. S.\AZ\Tucson-IRR()E River\735\TRUST\5656.Water Utility Easement.doc THIS EASEMENTg ranted this 7th day of January, 2013. GRANTOR FIRST AMERICAN TITLE INSURANCE COMPANY, A California corporation as Trustee only under Trust 5656 and not o rwis, — I „cat,c,L__ By: ILA Title: Trust Of icer STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) This instrument was acknowledged before me this 7th day of January, 2013, by Cindy A. Reiche, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b is - - heir signature(s) on the instrument the person(s) or the entity upon behalf of , ich the ,erso (s) acted, executed the instrument. ~A , 'IP / tli Notary c 2,. 2) .+i---) My Commission Expires: Official Seal � `' 1\i }ThRY PUBLIC .ter. C.FY ARIZONA $ �= h� riunty of Pima '' 1 1 ' ________.) 1MY R7'n. , S:\AZ\Tucson-1880 E River\735\TRUST\5656.Water Utility Easement.doc • Exhibit An easement for water utility(both public and private)purposes; over, under and upon all that certain real property situate in the County of Pima,State of Arizona, being a part of that parcel recorded in Sequence No.20021310987 as a part of Government Lot 4 in Section 13,Township 12 South,Range 13 East,Gila and Salt River Meridian; MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a No.4 rebar with registration tag RLS 22245 marking the northeast corner of said recorded parcel at the intersection of the south right-of-way line of Desert Sky Road as described in Docket 5712 at Page 547,records of said Pima County and the west right-of-way line of Oracle Road as shown on ADOT Project Number F-031-1-811; Thence from said POINT OF BEGINNING,southeasterly along the east line of said recorded parcel,common with the west right- of-way line of said Oracle Road,S 06°58'04"E, 141.13 feet to the TRUE POINT OF BEGINNING of the easement, Exhibit A, herein described; Thence from said TRUE POINT OF BEGINNING,continuing southeasterly along said common line, S 06°58'04" E, 16.32 feet a point of curve marked by a 3-inch ADOT aluminum cap with registration number RLS 40622; Thence continuing southeasterly along said common line along the arc of a tangent curve to the right with a radius of 5,629.58 feet and a delta of 00°37'27",an arc distance of 61.32 feet to an angle point marked by a 3-inch ADOT aluminum cap with registration number RLS 40622; Thence leaving said angle point,southwesterly,S 84°39'31"W, 15.00 feet to a point on the east line of Oracle Road established by Docket 12761 at Page 242 thereof,records of said Pima County,common with the east line of said recordedparcel,marked . by a 3-inch ADOT aluminum cap with registration number RLS 40622; Thence southeasterly along said common line on a curve to the right from which the radius point thereof bears southwesterly, S 84°39'31"W,5614.58 feet distant with a delta of 03°59'56", an arc distance of 391.87 feet to an angle point; Thence leaving said angle point, northeasterly, N 88°39'28" E, 15.00 feet to a point on the west right-of-way line of Oracle Road established by ADOT Project Number F-031-1-811; Thence southerly along the last said right-of-way line,common with the east line of said recorded parcel on a curve to the right from which the radius point thereof bears southwesterly, S 88°39'28"W, 5629.58 feet distant with a delta of 04°40'46", an arc distance of 459.77 feet to an angle point; Thence leaving said angle point, northwesterly, N 86°39'48"W, 15.00 feet to a point on the east line of Oracle Road established by Docket 12761 at Page 242 thereof,records of said Pima County,common with the east line of said recorded parcel; Continued Page 1 of 2(4738 HO-2) Exhibit A(continued) _______________________________, Desert Sky Road 1 t2 0 Thence southeasterly along said common line on a (L-13) s curve to the right from which the radius point thereof n / L-2 = 1 bears northwesterly, N 86°39'48"W,5614.58 feet (G-3) m distant with a delta of 01°53'15",an arc distance o j t ce of 0 184.97 feet to an anglepoint marked L-I 5 06°58104"E,141.13ft L-4 j g by a 3-inch ADOT r L \ (L 2) 5 06°58104°E,16.32ft aluminum cap with registration number RLS 40622; j E J R:5629.58 D:OO°37121"L:6132ft v . (L-4) 5 84°3q131"W,I5.00ft f(C-5) l Thence leaving said angle point,southwesterly along (l R:561458 D:O3°51156"L:311.81ft m j said common line,S 41°02'47"W,25.69 feet to a point (1-8) N 88°311'28"E,15.00ft 3 • G-1 R:562958 D:04°4O`46"L:45q.T!Ft j s- 1 establishing the southwest corner of the easement �� N ° ��M,�,15.oOft ° I Exhibit A,herein described; 6-1 R:561455 D:OI°531151 L:I84.9"1ft f (L-10) 5 4I°02'41"W,25.69ft Thence leavingsaid common line, northerlyalonga ® R:5519.58 D:11°24'11'L:1114.44ft (L-12 N 06°58'o4"W,I5.-r1ft curve to the left from which the radius point thereof bears ) ° " , ® �� N 83 01'56 E,30.00ft northwesterly, N 84°33'45"W,5599.58 feet distant with 0 a delta of 11 24' 11",an arc distance of 1114.44 feet to a point of tangency; GC 0 Thence leaving saidpoint of tangency, northwesterly, / N 06 58'04"W, 15.79 feet to an anglepoint establishing %G-1 . . g the northwest corner of said Exhibit A; 0 Thence leaving said angle point, northeasterly, N 83°01'56"E,30.00 feet to the f TRUE POINTF 0 BEGINNING; N Subject to and to ether with VA'1 9 w __ E all matters of public record s (c ) / L-1 Linda Vista Boulevard x,,40- -A- Page: 2 of 2 Basis of Bearing: ��,a D , ..,. c Date: December 27, 2012 The bearings shown on this surveyff'4-0 t� `A Project: 4738 HO-2 9 ;�' �� 26032 �'o are based on the north Ione of t�� ROBIN E. o 4 Settlerneyer Ille Government Lot 4 as shown on Book •� 6�T T L E�ESE R � 64 of Surveys at Page 76 thereof, �, LAND SURVEYING SERVICES records of Pima County, Arizona: 11 P.O. Box 12612,Tucson,AZ 85732 S 89°59'25"W SiG ��' '` ;• ../ ,t►- Phone (520)512-0666 --- ",.— Fax (520)512-1666 Expires: 3-31-2014 surveys@settlemeyer.com a � Exhibit "B" That portion of Lot 4 in Section 13, Township 12 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying west of the easterly line of the relocated Tucson-Florence Highway, Federal Secondary Project 111; EXCEPT a strip of land 30 feet wide on the south side of said Lot 4, conveyed to Pima County, Arizona, in Book 150 of Deeds, at page 46. FURTHER EXCEPT That portion of Government Lot 4 in Section 13, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Commencing at a brass disc stamped "LS 35980" at the South Quarter corner of said Section 13, for reference, a brass disc at the Southeast corner of said Section 13 bears South 90 degrees 00 minutes 00 seconds East at a distance of 2751.62 feet; Thence, proceeding from said South Quarter corner, South 90 degrees 00 minutes 00 seconds East 1322.27 feet upon the South line of the Southeast Quarter of said Section 13 to the Southwest corner of said Government Lot 4; Thence North 0 degrees 06 minutes 09 seconds East 30.09 feet upon the West line of said Government Lot 4 to a 1 inch open pipe at the Southeast corner of Villa Balboa, a subdivision of Pima County recorded in Book 38 of Maps and Plats at page 44, records of the Pima County Recorder, said corner being on the North right of way line of Linda Vista Boulevard and the Point of Beginning; Thence continue North 0 degrees 06 minutes 09 seconds East 284.95 feet upon said West line of Government Lot 4 and upon the East line of said Villa Balboa to a line being 315.04 feet Northerly of and parallel with said South line of the Southeast Quarter; Thence South 90 degrees 00 minutes 00 seconds East 259.05 feet upon said parallel line; Thence South 00 degrees 00 minutes 00 seconds West 285.00 feet to the said North right of way line of Linda Vista Boulevard; Thence North 89 degrees 59 minutes 22 seconds West 259.56 feet upon said right of way line to the Point of Beginning.