HomeMy WebLinkAboutEasements - 9/18/2013, Public Utility Easement, Overland Vistoso Limited Partnership (Grantor), Oracle Rd. & Vis •
F. ANN RODRIGUEZ, RECORDER 1111111111111111111111111111111111111111 IIIII 111111
Recorded By: JAF • of tilt/
j
DEPUTY RECORDER 4�'
4920 �'�' SEQUENCE: 20132610599
41Q ,F:,, ;�4, ,Z NO. PAGES: 4
SOROV lru . EASMNT 09/18/2013
TOWN OF ORO VALLEY-TOWN CLERK .
1/IZ014ts. 14:20
11000 N LA CANADA DR
MAIL
ORO VALLEY AZ 85737 AMOUNT PAID: $8.00
PUBLIC UTILITY EASEMENT
Overland Vistoso Limited Partnership (hereinafter referred to as "Grantor"), hereby grants to all public
utility companies and agencies, their successors and assigns (hereinafter collectively referred to as
"Grantee"), 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 underground transmission and distribution of electricity,
telephone and other communications, water and cable television, consisting of wires, underground
conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers,
concrete pads and other appurtenant fixtures (with the exclusion of risers, poles, overhead conductors,
anchors and guy wires) and equipment necessary or useful for transmitting and distributing electrical
energy, communications, 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 A PART HEREOF
Grantor agrees for itself, its successors and assigns, not to erect, nor to permit the erection,
placement or maintenance of any building, earth fill, walls or fences upon the above-described easement
to the extent the same would impair the repair, maintenance or removal of any or all of the facilities.
Nothing in the foregoing shall prohibit the existing entry monument, existing and future signage for the
adjoining property ("Allowed Facilities"). All systems, including electrical, communication, 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 shall make reasonable efforts to exercise its rights hereunder in a manner that does not
damage the Allowed Facilities, and any damage thereto shall be promptly repaired by Grantee at
Grantee's sole cost and expense. Grantee shall also be responsible for restoration of any landscape
required by a governing authority as a result of the use of Grantee's rights hereunder.
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 facilities constructed
within one year after execution of this easement, 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 substantially 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 without the prior approval of any Grantee with facilities within the
easement. Such approval shall not be unreasonably withheld conditioned or delayed if such change does
not materially and adversely affect Grantee's existing facilities. . 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.
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.
Inwitness hereof, the Grantor has executed these presents this day
of -1-1/4, - 2013.
Overland Vistoso Limited Partnership
By: Bassett Property Company
Its: Manager
BY: `47
Perry . :assett
TITLE: President
STATE OF
) ss.
COUNTY OF
This instrument was acknowledged before me, the undersigned notarypublic, by
W-
ri /.1 this day of deivernie-Li , 2013,
as 13"6,Ji c /ZJ for Bassett Property Company.
eihte
�11tio,6 NICOLE BISNER otar Public
plZi/d-1/44
',, .� Notary Public-Ar I zonat0 y
►� :� .
�, ►�►,-� Pima County
'` ' My Comm.Expires Aug 7,2016
s
,,
Sil V & ASSOCIATES LLC surveyors
1 engineers
530 South Main Avenue, Suite A • Tucson,Arizona 85701 planners
(520) 882-9392 • Fax(520) 882-5506
MAY 10,2013
SJV#TEP9927-5
REV.May 23,2013
LEGAL DESCRIPTIN
PUBLIC UTILITY EASEMENT
A PUBLIC C UTILITY EASEMENT WITHIN THAT PARCEL OF LAND AS RECORDED IN DOCKET 9510 AT PAGE
2865,RECORDS RDS 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 175.00 FT.TO THE SOUTHEAST CORNER OF
THAT PROPERTY AS DESCRIBED IN SAID DOCKET 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 290.90 FT.TO A POINT ON THE SOUTH LINE OF THAT PROPERTY AS DESCRIBED IN
DOCKET 10737 AT PAGE 1538,RECORDS OF PIMA COUNTY,ARIZONA;
ALONG SAID SOUTH LINE,A DISTANCE OF 30.00 FT.TO SAID WEST RIGHT OF WAY
THENCE S 89 18'01 E,
LINE;
THENCE S 00°41'59"W,ALONG SAID WEST LINE,A DISTANCE OF 290.90 FT.TO THE POINT OF BEGINNING.
BASIS OF BEARINGS IS PER DOCKET 9510 AT PAGE 2865.
SAID EASEMENT CONTAINING 8,726 SQ.FT.OR 0.20 ACRES,MORE OR LESS.
i 49' .-'-::-.,-,--ZOAN,\N
///‘/, :rp,,,N.:,,„1/4\
1 36715 1
• iiii ik £A\/1 TJ N. I
11 r...' BOOKE i
s c' V.1 k
"\\\\., \\\''Z, ci •'w
,ik
' IA\
\is.:114,,,,k5.2 ea ,, c:
, '`:,ham„ •._,_......,_,_.
/l n9/
WILLIAM S.VAHL-Registered Professional Engineer WILLIAM E.JOHNSON-Registered Land Surveyor
Registered Land Surveyor DAVID N.BOOKER - Registered Land Surveyor
t
i
. r
GIANT INDUSTRIES ARIZONA, INC.
A.P.N. 223-02-017K
41; DKT. 10737/1538
L5//`
, r
/
7,
a
7/,' i
30' PUBLIC UTILITY EASEMENT AL i-
111=60 y ^
OVERLAND VISTOSO LTD PARTNERSHIP
tii
A.P.N 223-02-017JNi- :' ' co -J
DKT. 9510/2865 — a J U
i Q
(r
�/ �:,,
O
€ N
W
I
n D
I W p
Z C
' t Z-1 w
I / a Q
F� (n
RES 09 / I
/ C'
M.µ ,L3 k cr
V I
POINT OF BEGINNING— 71
U
-J
J
I--Q
"EXHIBIT" U.J,-- r,
WITHIN THE SE. 1/4. SECTION 29, ()N c
T. 11 S., R 14 E. z0) -
PIMA COUNTY, ARIZONA N
cn
3 0i---
(n la- o
>Q
$ S. 1/4 COR. SEC. 29 > I
L1.
PREPARED BY: 1/1
x
SJV & ASSOCIATES
530 S. MAIN AVE. SUITE A SJV #TEP9927-5
TUCSON, AZ 85701 MAY 10, 2013
(520) 882-9392 REV. MAY 23, 2013
F. ANN RODRIGUEZ, RECORDER Hill IHEM 11111 11111 11E111
Recorded By: JAF
tpt
DEPUTY RECORDER SEQUENCE: 20132610598
4920 O
• F Z NO. PAGES: 4
SOROV '�' ', cru'` '16EASMNT 09/18/2013
TOWN OF ORO VALLEY-TOWN CLERK '14/10t*' 14:20
11000 N LA CANADA DR
MAIL
ORO VALLEY AZ 85737
AMOUNT PAID: $8.00
PUBLIC UTILITY EASEMENT
Landmark Title Assurance Agency, LLC, an Arizona limited liability company as Trustee under Trust No.
18142-T only and not in individual or corporate capacity (hereinafter referred to as "Grantor"), hereby
grants to all public utility companies and agencies, their successors and assigns (hereinafter collectively
referred to as "Grantee"), 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 underground transmission and distribution of electricity,
telephone and other communications, water and cable television, consisting of wires, underground
conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers,
concrete pads and other appurtenant fixtures (with the exclusion of risers, poles, overhead conductors,
anchors and guy wires) and equipment necessary or useful for transmitting and distributing electrical
energy, communications, 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 A PART HEREOF
Grantor agrees for itself, its successors and assigns, not to erect, nor to permit the erection,
placement or maintenance of any building, earth fill, walls or fences upon the above-described easement
to the extent the same would impair the repair, maintenance or removal of any or all of the facilities.
Nothing in the foregoing shall prohibit the existing entry monument, existing and future signage for the
adjoining property ("Allowed Facilities"). All systems, including electrical, communication, 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 shall make reasonable efforts to exercise its rights hereunder in a manner that does not
damage the Allowed Facilities, and any damage thereto shall be promptly repaired by Grantee at
Grantee's sole cost and expense. Grantee shall also be responsible for restoration of any landscape
required by a governing authority as a result of the use of Grantee's rights hereunder.
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 facilities constructed
within one year after execution of this easement, 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 substantially 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 without the prior approval of any Grantee with facilities within the
easement. Such approval shall not be unreasonably withheld conditioned or delayed if such change does
not materially and adversely affect Grantee's existing facilities. . 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.
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 9th day of September, 2013.
Landmark Title Assurance Agency, LLC, an Arizona
limited liability company as Trustee under Trust No. 18142-T
only and not in individual or corporate capacity
BY ALA.�l��r`�-/_
dig WI,
TITLE: Trust Officer
STATE OF ARIZONA )
) ss.
COUNTY OF PIMA )
This instrument was acknowledged before me, the undersigned notary public, by Joyce M.
Rodda this 9th day of September , 2013, as Trust Officer for Landmark Title Assurance Agency, LLC,
an Arizona limited liability company as Trustee under Trust No. 18142-T only and not in individual or
corporate capacity.
Notary Public
ial S al
• NOTARY PUBLIC
TATE OF ARIZONA ti
S County of Pima
�tmMmissDIANEE L.SLOANE _k
gyres Jul 26,2014
'o JfJ�f 1�1
�flll
i
n
.
lA surveyors
, S J V & ASSOCIATES, LLC engineers
530 South Main Avenue, Suite A • Tucson,Arizona 85701 planners
(520) 882-9392 • Fax(520) 882-5506
MAY 10,2013
SJV#TEP9927-1
Rev.May 17,2013
Rev.May 23,2013
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
A PUBLIC UTILITY EASEMENT WITHIN COMMON AREA"C"OF VISTOSO COMMERCE PLAZA
CONDIMINIUM PLAT,RECORDED IN BOOK 62 OF MAPS AND PLATS AT PAGE 23,RECORDS OF PIMA
COUNTY,ARIZONA AND LOCATED IN THE EAST HALF OF SECTION 29,TOWNSHIP 11 SOUTH,RANGE 14
EAST,GIL'A AND SALT RIVER BASE AND MERIDIAN,PIMA COUNTY,ARIZNA,DESCRIBED AS ... .
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 29;
THENCE N 00°02'23"W, ALONG THE MID SECTION LINE OF SAID SECTION 29,A DISTANCE OF 1,931.53
FT.TO A POINT ON THE SOUTH LINE OF SAID PLAT;
THENCE S 89°17'20"E,ALONG SAID SOUTH LINE,A DISTANCE OF 448.53 FT.TO THE POINT OF
BEGINNING;
THENCE N 00°41'55"E,ALONG A LINE BEING 30.00 FT.WEST OF AND PARALLEL TO THE WEST RIGHT
OF WAY LINE OF STATE ROUTE 77(ORACLE HIGHWAY),A DISTANCE OF 1009.63 FT.TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF VISTOSO COMMERCE LOOP;
THENCE S 89°17'20"E,ALONG SAID SOUTH RIGHT OF WAY LINE,A DISTANCE OF 5.00 FT.TO THE
POINT OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 25.00 FT,A CENTRAL
ANGLE OF 89°59'15",AN ARC DISTANCE OF 39.26 FT.TO A POINT ON SAID WEST RIGHT OF WAY LINE;
THENCE S 00°41'55"W,ALONG SAID WEST LINE,A DISTANCE OF 984.64 FT.TO THE SOUTHEAST
CORNER OF SAID PLAT;
THENCE N 89°17'20"W,ALONG THE SOUTH LINE OF SAID PLAT,A DISTANCE OF 30.00 FT.TO THE
POINT OF BEGINNING.
BASIS OF BEARINGS IS THE SOUTH LINE OF VISTOSO COMMERCE PLAZA CONDOMINIUM PLAT PER
BOOK 62 OF MAPS AND PLATS AT PAGE 23.
SAID EASEMENT CONTAINING 30,149 SQ.FT.OR 0.69 ACRES,MORE OR LESS.
,,,,,,gc:. 1'4 ,,
//47) ' ,,..,:"----',,n
/11:3:-';14:1 11—.:-..01-'. '-\:\fri ‘?fil
16(/''''
1 61 36 715 k''' 4.
1.c 11\ DAVID N. '
BDOKEa \
7:-.)- ,
'io ,I\ ,
4.9ts o9I
WILLIAM S.VAHL-Registered Professional Engineer WILLIAM E.JOHNSON-Registered Land Surveyor
Registered Land Surveyor DAVID N.BOOKER - Registered Land Surveyor
•
w
• _ •
VISTOSO COMMERCE LOOP
L4
0
CURVE DELTA ANGLE RADIUS ARC LENGTH I
Cl 89'59'15" 25.00' 39.26'
I`
30' PUBLIC UTILITY EASEMENT
1
w
U 1/,
w
•
Q
W ,
�"� W =
Z W
4116 LINE BEARING DISTANCE 0 K ,_o
L1 N 00'02'23" W
1931.53' (01-1-111/`_r3
7. 1 ..,u..0
L2 S 89'17'20" E 448.53 -� F-
CL
L3 N 00'41'55" E 1009.63' �_ N
L4 S 89'17'20" E 5.00' N /� Nw
984.64' I �" �"
L5 S 00'41'55" W 0
L6 N 89'17'20" W 30.00' CNI p
I '
co I ,
1"-200' ZCI r H
Z I' Q
Q
V)
L:
I
L2
L
POINT OF BEGINNING-
"EXHIBIT" DKT. 11486/2421
WITHIN COMMON AREA "C"
VISTOSO COMMERCE PLAZA
CONDOMINIUM PLAT
M. & P. 62/23 04
LOCATED IN THE E. 1/2, SECTION 29,
T. 11 S., R 14 E. r
PIMA COUNTY, ARIZONA
I
F-}'p
ARES 9 s°
0
PREPARED BY:
SJV & ASSOCIATES
530 S. MAIN AVE. SUITE A . ... ....„-S. 1/4 COR. SEC. 29 SJV #TEP9927-1
TUCSON, AZ 85701 ,'—' MAY 10, 2013
(520) 882-9392 REV. MAY 23, 2013
F. ANN RODRIGUEZ, RECORDER
Recorded By: JAF • of PIM
DEPUTY RECORDER ��' �,
C`, SEQUENCE: 20132610597
4 41,414920 vl
VI
�� �� e, NO. PAGES: 4
SOROV `� �'' ✓ EASMNT 09/18/2013
TOWN OF ORO VALLEY-TOWN CLERK
1RI101`t* 14:20
11000 N LA CANADA DR MAIL
ORO VALLEY AZ 85737
AMOUNT PAID: $8.00
PUBLIC UTILITY EASEMENT
Rancho Vistoso Center, LLC an Arizona limited liability company (hereinafter referred to as "Grantor"),
hereby grants to all public utility companies and agencies, their successors and assigns (hereinafter
collectively referred to as "Grantee"), 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 underground transmission and
distribution of electricity, telephone and other communications, water and cable television, consisting of
wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground
enclosures, markers, concrete pads and other appurtenant fixtures (with the exclusion of risers, poles,
overhead conductors, anchors and guy wires) and equipment necessary or useful for transmitting and
distributing electrical energy, communications, 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 A PART HEREOF
Grantor agrees for itself, its successors and assigns, not to erect, nor to permit the erection,
placement or maintenance of any building, earth fill, walls or fences upon the above-described easement
to the extent the same would impair the repair, maintenance or removal of any or all of the facilities.
Nothing in the foregoing shall prohibit the existing entry monument, existing and future signage for the
adjoining property ("Allowed Facilities"). All systems, including electrical, communication, 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 shall make reasonable efforts to exercise its rights hereunder in a manner that does not
damage the Allowed Facilities, and any damage thereto shall be promptly repaired by Grantee at
Grantee's sole cost and expense. Grantee shall also be responsible for restoration of any landscape
required by a governing authority as a result of the use of Grantee's rights hereunder.
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 facilities constructed
within one year after execution of this easement, 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 substantially 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 without the prior approval of any Grantee with facilities within the
easement. Such approval shall not be unreasonably withheld conditioned or delayed if such change does
not materially and adversely affect Grantee's existing facilities. . 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.
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 wi ess hereof, the Grantor has executed these presents this tifh— day
of 2013.
Rancho Vistoso Center, LLC an Arizona limited liability company
By: Bassett Property Company
Its: Manager
PerryBY:
4111114110
0111,11111firAm.ass
.
TITLE: President
STATE OF
ss.
COUNTY OF
4This nstrument was acknowledged before , the undersigned not ry public, by
70- ��-- this day of �C/� 2013,
as P/ 4i�tt'flJ for Bassett Property Company.
uita N
POttiL.
Notary Public
This document was
presented for recording with
incomplete notarization.
. . _
, i
Sil 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#TEP9927-3
Rev. May 17,2013
Rev.May 23,2013
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
A PUBLIC UTILITY EASEMENT WITHIN THAT PARCEL OF LAND AS RECORDED IN DOCKET 11770 AT
PAGE 849,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 835.90 FT.TO A POINT ON THE NORTH
RIGHT OF WAY LINE OF RANCHO VISTOSO BOULEVARD AND THE POINT OF BEGINNING;
THENCE N 89°18'01"W,ALONG SAID NORTH LINE,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 656.49 FT.;
THENCE N 00°42'40"E,CONTINUING ALONG SAID LINE BEING 30.00 FT.WEST OF AND PARALLEL TO
SAID WEST LINE,A DISTANCE OF 74.45 FT.TO A POINT ON THE NORTH LINE OF THAT PROPERTY AS
DESCRIBED IN DOCKET 11770 AT PAGE 849,RECORDS OF PIMA COUNTY,ARIZONA;
THENCE S 89°17'20"E,ALONG SAID NORTH LINE,A DISTANCE OF 30.00 FT.TO THE NORTHEAST
CORNER OF SAID DOCKET ON SAID WEST RIGHT OF WAY LINE;
THENCE S 00°42'40"W,ALONG SAID WEST LINE,A DISTANCE OF 74.45 FT.; .
THENCE CONTINUING S 00°41'59"W,ALONG SAID WEST LINE,A DISTANCE OF 656.49 FT.TO THE POINT
OF BEGINNING.
BASIS OF BEARINGS IS PER DOCKET 11770 AT PAGE 849.
SAID EASEMENT CONTAINING 21,928 SQ.FT.OR 0.50 ACRES, MORE OR LESS.
-
—'---...\\
----,it-L74',7,4-0 ,,'---,,,
ii(9.2"---;'---- -kt\
t/S27,4".1 4 cArt-44,\
(10 c.r. 3671'5 4, ,
i! ,,,,. DAV!D f.1, 411\,\,0,
i i BOOKER . .
\\ $, 41: 1 '
\\ °
\ \,.7._.,. •' I
..0‹. ne_j_.,. ,0414
\ i<>07—r) S'TO.
'-4-). -2=4' ,..,,__---;,. -c,,,ii\
4967-091'I
WILLIAM S.VAHL-Registered Professional Engineer WILLIAM E.JOHNSON-Registered Land Surveyor
Registered Land Surveyor DAVID N.BOOKER - Registered Land Surveyor
•
HDP NORTHWEST, LLC
A.P.N 223-02-0168
DKT. 11486/2421
L6
J 1 J
I
30' PUBLIC UTILITY EASEMENT
RANCHO VISTOSO CENTER, LLC ''
A.P.N. 223-02-017G / 03
DKT. 11770/849
I
w
U
POINT OF BEGINNING
0
N
� I
VISTOSO BLVD. I
� RANCHO I
f � I w 0
/RE z
S 09 =,
I-
< Q
()
0
"EXHIBIT" N
WITHIN THE SE. 1/4. SECTION 29,
T. 11 S., R 14 E.
PIMA COUNTY, ARIZONA
1"=200'
PREPARED BY:
SJV & ASSOCIATES S. 1/4 COR. SEC. 29
530 S. MAIN AVE. SUITE A /- L1 SJV #TEP9927-3
TUCSON, AZ 85701 MAY 10, 2013
(520) 882-9392 REV. MAY 23, 2013
F. ANN RODRIGUEZ, RECORDER 11111111111111111111111111111011111111110111011111111111
Recorded By: JAF
voF PI1��
DEPUTY RECORDER w� ; 6 SEQUENCE: 20132610596
4920
F NO. PAGES: 5
SOROV "� `-�� ;i� r�N�'' y
EASMNT 09/18/2013
TOWN OF ORO VALLEY-TOWN CLERK '1/Iar �' 14:20
11000 N LA CANADA DR ZO
MAIL
ORO VALLEY AZ 85737
AMOUNT PAID: $8.00
PUBLIC UTILITY EASEMENT
VWI Vistoso Investment. LLC. and Arizona limited liability company
(hereinafter referred to as "Grantor"), hereby grants to all public utility companies and agencies, their
successors and assigns(hereinafter collectively referred to as"Grantee"), 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
underground transmission and distribution of electricity, telephone and other communications, water and
cable television, consisting of wires, underground conduits, cables, vaults, manholes, handholes, and
including above-ground enclosures, markers, concrete pads and other appurtenant fixtures (with the
exclusion of risers, poles, overhead conductors, anchors and guy wires) and equipment necessary or
useful for transmitting and distributing electrical energy, communications, 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 A PART HEREOF
Grantor agrees for itself, its successors and assigns, not to erect, nor to permit the erection,
placement or maintenance of any building, earth fill, walls or fences upon the above-described easement
to the extent the same would impair the repair, maintenance or removal of any or all of the facilities.
Nothing in the foregoing shall prohibit the existing entry monument, existing and future signage for the
adjoining property ("Allowed Facilities"). All systems, including electrical, communication, 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 shall make reasonable efforts to exercise its rights hereunder in a manner that does not
damage the Allowed Facilities, and any damage thereto shall be promptly repaired by Grantee at
Grantee's sole cost and expense. Grantee shall also be responsible for restoration of any landscape
required by a governing authority as a result of the use of Grantee's rights hereunder.
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 facilities constructed
within one year after execution of this easement, 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 substantially 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 without the prior approval of any Grantee with facilities within the
easement. Such approval shall not be unreasonably withheld conditioned or delayed if such change does
not materially and adversely affect Grantee's existing facilities. . 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.
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 a� day
of 2013.
V&rte tit pEst Q1eearf47•9 !,G C
5: moulaffee
BY:
TITLE: PeS.rdeee
STATE OF
ss.
COUNTY OF )
This instrument was acknowledged before me,the undersigned notary public, by
/'Y t LI'YlD7') thisVtit da of ` /,_ AA. , 2013,
as ��.l�'1 nagger for I l n _JJgjl /A 1,.&
otary ublic
�'� > OFFICIAL SEAL ....._.
a'�'��'� WENDY M.TAy�pR
�';_�;�; N07ARY PUBLIC-STATE Of ARIZONA
�� PIMA COUNIY
MY Comm.Ex�fires Janua 9,2016
.
r
surveyors
.� engineers
530 South Main Avenue, Suite A •Tucson,Arizona 85701 planners
(520)882-9392 • Fax(520)882-5506
MAY 10,2013
SJV#TEP9927-6
Rev. May 23,2013
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
A PUBLIC UTILITY EASEMENT WITHIN THAT PARCEL OF LAND AS RECORDED IN DOCKET 13814 AT PAGE
3772,RECORDS OF PIMA COUNTY,ARIZONA AND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 29
AND THE NORTHEAST QUARTER OF SECTION 32,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 423.43 FT.TO THE POINT OF BEGINNING;
THENCE N 00°41'59"E,ALONG A LINE BEING 30.00 FT.WEST OF AND PARALLEL TO THE WEST RIGHT OF
WAY LINE OF STATE ROUTE 77(ORACLE HIGHWAY),A DISTANCE OF 175.20 FT.TO A POINT ON THE SOUTH
LINE THAT PROPERTY AS DESCRIBED IN DOCKET 9510 AT PAGE 2865,RECORDS OF PIMA COUNTY,
ARIZONA;
THENCE S 89°18'01"E,ALONG SAID SOUTH LINE,A DISTANCE OF 30.00 FT.TO THE SOUTHEAST CORNER
OF SAID DOCKET AND SAID WEST RIGHT OF WAY LINE;
THENCE S 00°41'59"W,ALONG SAID WEST LINE,A DISTANCE OF 1496.99 FT.TO AN ANGLE POINT IN SAID
WEST LINE,ALSO BEING THE NORTHEAST CORNER OF THAT PUBLIC UTILITY EASEMENT AS DESCRIBED
IN DOCKET 9240 AT PAGE 336,RECORDS OF PIMA COUNTY,ARIZONA;
THENCE N 89°18'01"W,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 1321.79 FT.TO THE POINT OF BEGINNING.
BASIS OF BEARINGS IS PER DOCKET 13268/3915(PARCEL 6).
SAID EASEMENT CONTAINING 44,909 SQ.FT.OR 1.03 ACRES,MORE OR LESS.
(44 ICA rt-‘P(Stel iliy
,k, <5, 36715 1›. %
t DAVID N.
e MIKE- r
er
0 01- st I
e.42:1 ' 4
Ifits 019 SC"‘
WILLIAM S.VAHL-Registered Professional Engineer WILLIAM E.JOHNSON-Registered Land Surveyor
Registered Land Surveyor DAVID N.BOOKER - Registered Land Surveyor
OVERLAND VISTOSO LTD PARTNERSHIP
<ryEO LAND S A.P.N 223-02-017J
�� �,oF �� DKT. 9510/2865
�' 0' 36715 �? O 73 L
DAVID N. M
o BOOKER c. /
s (,p1.*•
i 1
BONA U 5. S. 1/4 COR. SEC. 29 _ L 1 r
F-t,o� ''� _ SECTION 29
RES 091 SECTION 32
POINT OF BEGINNING__,,Z ,'
LINE BEARING DISTANCE f
L1 S 89'40'30" E 423.43'
L2 N 00'41'59" E 175.20'
L3 S 89'18'01" E 30.00'
L4 N 89'18'01" W 30.00'
30' PUBLIC UTILITY EASEMENT
O
R
, S5 0
• • I
v-- C�
. rel I
La I
0
Q
X
0
r.
w
WQ)r,,I i w ,
CV ~ r' Z
b• ' b - w
cngl):'t
o , 0 >-
1"=200' Z Z c <
-rn co o
'0N t2 r
0 H F—
N
EXHIBI ~5 Z
o
SQ &
WITHIN THE SE. 1/4. SECTION 29,
AND THE NE. 1/4. SECTION 32, `rc)
T. 11 S., R 14 E.
PIMA COUNTY, ARIZONA
4
1
PREPARED BY:
SJV & ASSOCIATES
530 S. MAIN AVE. SUITE A 40' PUBLIC UTILITY ESM'T. -
SJV #TEP9927 6
CSON, AZ 85701 DKT. 9240 336 a MAY 10, 2013
(520) 882-9392 REV. MAY 23, 2013
. ORACLE ROAD PUBLIC
1 1 F
r o - ,_; IMPROVEMENT PROJ EC1�
` 30'Public Ut�ity Easement
' !►.� Legend
1 1�1!,
t ►_ ?� 30'Public Utiliy Easement Area
ED Subdivisions
t
Pima County Jurisdictions
- - piSubject Parcel for Easement Aqulsltlon
Pima County Parcels(APN&Owner Labeled)
i
Catalina State Paris
A�vre.• a scrr e�fOf3O'PuNiC!/fiftyEasemon/ ased
upao Pima CaunlyAssessa-PaGlaia,rav/syglva/if
E
�, i
,,,+' ,..
, .i'l.
f1414 i
ATAL A ''
r. E 0 100 200 400
€ Feet
TNs msp Is for generd planning puposes oriy.
? TEP and Unt ootrs mak�ss no wan arty of Its accxiracy
6
. %RfPlir,,,,,,....,N11;i1,:.•''''''''','k-,:',1'10''''''''.:•''''-':---'''':.':::'
g `,moi ANA,;_
panEamm (LI® :',g;,. ', ! , FP7,.‘rki7r - • , - - .
1
t":3;gr
_ ' ' ' '''''''''''''''''''''''Ailt4-—'
, Y _ �� .,11 r.ter' f\■S>»:�.
o,... k...1
YJ •l',�11�'w�
..... -_,-,7:::,,.1.;,,,,,,,,..,„:„.E.f3,,,,,$,,,,....,, ._..„.,,,.....,,-.,.,,:--
' ! _.
Y :: ' r
- .:,,,e,,:k:;11-ikitii141,.:,7.,...1.7.:.... ,.„..,,,„,:::,.:-,:._,:,
gk 1
�'f
1
EP'.„,„:.
,.
3 , ... „...,., .....'..., .. .
. ,
Tucson Electric Power
....y:i 50493 on5 1013 :'u9NpsroW jcdslRxK�q vlstosoJ�nx�Worklag MXfhWV�UF_VWLVIs1Ds0_to CSP rnts..x4