HomeMy WebLinkAboutEasements - 12/31/2013, Public Utility Easement, Giant Industries Arizona, Inc. (Grantor), Oracle Rd. & Rancho V F. ANN RODRIGUEZ, RECORDER
Recorded By: MN OF PI
DEPUTY RECORDER SEQUENCE: 20133650452
4913
w. '`,4 IZ NO. PAGES: 4
SOROV EASMNT 12/31/2013
TOWN OF ORO VALLEY
44I1014t'' 12:39
11000 N LA CANADA DR MAIL
ORO VALLEY AZ 85737
AMOUNT PAID: $8.00
PUBLIC UTILITY EASEMENT
Giant Industries Arizona, inc., an Arizona Limited Liability Corporation
(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 $33,000.00, an 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 wires, underground conduits, cables, vaults, manholes, handholes, and including
above-ground enclosures, markers, concrete pads, risers, poles, anchors, guy wires and other
appurtenant fixtures and equipment necessary or 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:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE APART 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 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 trim or top such trees
and to cut such 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 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, 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. 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.
Easement,Page 1 of 2
i 4
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 ese is t hi s i.e. "abab day
of 11[ 1 C.' 2013.
BY: 44C-4°4'w
TITLE:
t" P. /c
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me, the undersigned notary public, by ageber4—
O.• ( U3L -
this day of nom" , 2013,
as 'V for
Official Seca , IL 1 lit I
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s.An Mafia �Maiana Nota Pub•
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1 ISJV &
surveyors
engineers
530 South Main Avenue, Suite A • Tucson, Arizona 85701 planners
(520) 882-9392 • Fax (520) 882-5506
MAY 10,2013
SJV44TEP9927-4
Rev. May 23, 2013
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
A PUBLIC UTILITY EASEMENT WITHIN THAT PARCEL OF LAND AS RECORDED IN DOCKET 10737 AT
PAGE 1538, 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 465.90 FT.TO THE SOUTHEAST CORNER OF
THAT PROPERTY AS DESCRIBED IN DOCKET 10737 AT PAGE 1538, RECORDS OF PIMA COUNTY, ARIZONA
AND THE POINT OF BEGINNING;
THENCE N 89°18'01"W,ALONG THE SOUTH LINE OF SAID DOCKET,A DISTANCE OF 30.00 FT.;
THENCE N 00°41'59"E,ALONG A LINE BEING 30.00 FT. WEST OF AND PARALLEL WITH SAID WEST
LINE,A DISTANCE OF 220.00 FT. TO A POINT ON THE SOUTH LINE OF RANCHO VISTOSO BOULEVARD;
THENCE S 89°18'01"E,ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 F i.TO SAID WEST RIGHT OF WAY
LINE;
THENCE S 00°41'59"W,ALONG SAID WEST LINE,A DISTANCE OF 220.00 FT. TO THE POINT OF BEGINNING.
BASIS OF BEARINGS IS PER DOCKET 10737 AT PAGE 1538.
SAID EASEMENT CONTAINING 6,600 SQ. FT. OR 0.15 ACRES, MORE OR LESS.
t '.�..'I'j'' __ .... ..j t Y tlllft._.1.t•t.
!c DAVID N.
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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
RANCHO VISTOSO BLVD.
:L5'
! LINE BEARING DISTANCE
L1 S 89'40'30" E 453.43'
• L2 N 00'41'59" E 465.90'
L3 N 891801' ' " W 30.00'
L4 N 00'41'59" E 220.00' r
•
L5 S 89'18'01" E _ _ 30.00' 30' PUBLIC UTILITY EASEMENT
L6 S 00'41'59" W 220.00' ..
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GIANT INDUSTRIES ARIZONA, INC. f
A.P.N. 223-02-017K
DKT. 10737/1538
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EXHIBIT
WITHIN THE SE. 1/4. SECTION 29, i ,
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T. 11 S., R 14 E.
PIMA COUNTY, ARIZONA
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PREPARED BY: / S. 1/4
SJV & ASSOCIATES / COR. SEC. 29
:530 S. MAIN AVE. SUITE A SJV #TEP9927-4
TUCSON, AZ 85701 L1 MAY 10, 2013
(520) 882-9392I/1
RE/. MAY 23,
PEY A,
4q- Ce C_CYCLUne:
j 2- ,f;0 3
PoUNDED,�g1
Town Clerk's Office
December 30, 2013
Recording Division
Pima County Recorder's Office
P.O. Box 3145
Tucson,AZ 85702-3145
RE: Recording of Utility Easements for Tucson Imaging Associates, LLC, and Giant Industries
Arizona, Inc.
Please record the enclosed documents. Once recorded, please return the documents to the Town of
Oro Valley,ATTN: Town Clerk, 11,000 N. La Canada Drive, Oro Valley,AZ, 85737.
We currently have a debit account set up with the Recorder's Office. Please charge applicable fees
to the Town of Oro Valley's account#23446.
Thank you.
Sincerely,
LV: ! U
Michelle Stine
Senior Office Specialist
Enclosures (2)
Caring for our heritage, our community, our future.
www.orovalleyaz.gov
11000 N.La Canada Drive•Oro Valley,Arizona 85737
phone:(520)229-4700•fax:(520)297-0428
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Office of the Town Attorney
MEMORANDUM
To: Michael Standish, Deputy Town Clerk
FROM: Caroline Standiford, Paraleg
DATE: December 26, 2013
RE: Giant Industries Easement to be filed in Pima County Recorders Office
Attached please find a Public Utility Easement to be filed with the Pima County
Recorders Office. Please return a copy of recorded Easement to me. Thank you for your
assistance in this matter.
cs
Attachments
M .o
•
PUBLIC UTILITY EASEMENT
Giant Industries Arizona, inc., an Arizona Limited Liability Corporation
(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 $33,000.00, an 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 wires, underground conduits, cables, vaults, manholes, handholes, and including
above-ground enclosures, markers, concrete pads, risers, poles, anchors, guy wires and other
appurtenant fixtures and equipment necessary or 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:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE APART 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 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 trim or top such trees
and to cut such 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 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, 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. 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.
Easement,Page 1 of 2
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 /S 7/1�- day
of C) 6474 2013.
4BY:
TITLE:
v.P. PAAeVe,
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me, the undersigned notary public, by
0.• this ILday of , 2013,
as 0!• . for ' ,:_1111 �� • •� _���1!.._ :,
Official searLa
`,SNE sr4' • Mattie
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EX ��Urte y 1 OI
WA,/comm. /�plre
.4.. . S J V & ASSOCIATES, LLC surveyors
engineers
530 South Main Avenue, Suite A • Tucson, Arizona 85701 planners
(520) 882-9392 • Fax (520) 882-5506
MAY 10. 2013
SJV#TEP'9927-4
Rev. May 23, 2013
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
A PUBLIC UTILITY EASEMENT WITHIN THAT PARCEL OF LAND AS RECORDED IN DOCKET 10 737 AT
PAGE 1538, 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 WA�' LINE OF STATE
ROUTE 77 (ORACLE HIGHWAY);
THENCE N 00°41'59"E,ALONG SAID WEST LINE, A DISTANCE OF 465.90 F►.TO THE SOUTHEAST CORNER OF
THAT PROPERTY AS DESCRIBED IN DOCKET 10737 AT PAGE 1538, RECORDS OF PIMA COUNTY, ARIZONA
AND THE POINT OF BEGINNING;
THENCE N 89°18'01" W, ALONG THE SOUTH LINE OF SAID DOCKET, A DISTANCE OF 30.00 FT.;
THENCE N 00°41'59"E,ALONG A LINE BEING 30.00 FT. WEST OF AND PARALLEL WITH SAID WEST
LINE,A DISTANCE OF 220.00 FT. TO A POINT ON THE SOUTH LINE OF RANCHO VISTOSO BOULEVARD;
THENCE S 89°18'01"E,ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 F T. TO SAID WEST RIGHT OF WAY
LINE;
THENCE S 00°41'59" W, ALONG SAID WEST LINE, A DISTANCE OF 220.00 FT. TO THE POINT OF BEGINNING.
BASIS OF BEARINGS IS PER DOCKET 10737 AT PAGE 1538.
SAID EASEMENT CONTAINING 6,600 SQ. FT. OR 0.15 ACRES, MORE OR LESS.
:: I Li-"i\.:. I g.) 1.%4, iii i,
,, 0,,, F-3 Mk:E.: ',1 I ,'
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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
1 •
. i
.. . . . , . __... .. . ._..._ . ,
RANCHO VISTOSO BLVD.
L5.� ' :,
LINE BEARING DISTANCE
L 1 S 89'40'30" E 453.43' 1
L2 N 00'41'59" E 465.90'
H ,
L3 N 89'18'01" W 30.00 '
L4 N 00'41'59" E 220.00'
L5 S 89'18'01" E 30.00' 30' PUBLIC UTILITY EASEMENT
L6 S 00'41'59" W220.00'
i 1
' GIANT INDUSTRIES ARIZONA, INC. , f '
H A.P.N. 223-02-017K : .
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"EXHIBIT" .
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WITHIN THE SE. 1/4. SECTION 29,
T. 11 S., R 14 E.
PIMA COUNTY, ARIZONA ',
t ; .
_60'
PREPARED BY:
SJV & ASSOCIATES S. 1/4 COR. SEC. 29
530 S. MAIN AVE. SUITE A SJV #TEP9927-4
TUCSON, AZ 85701L1 x MAY 10, 2013
(520) 882-9392 RE'' MAY 23, 20'3