HomeMy WebLinkAboutEasements - 3/18/2013, Resolution 13-10, Approving Easement Agreement with HSL Steam Pump LLC (HSL) in connectio O 3
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Town of Oro Valley
Town Clerk's Office
February 19, 2015
Recording Division
Pima County Recorder's Office
P.O. Box 3145
Tucson, AZ 85702-3145
RE: Recording of two (2) utility easements between Smith's Food & Drug Centers, dba Fry's Food
and Drug Stores and the Town of Oro Valley
RE: Recording of one (1) Assurance Agreement between Technicians for Sustainability and the
Town of Oro Valley
RE: Recording of one (1) Addendum to Easement Agreement between the Town of Oro Valley and
HSL Steam Pump, LLC.
Please record the four (4) 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,
(,YLtektü
Michelle Stine
Senior Office Specialist
Enclosure
Oro Valley, it's in our nature.
11000 N.La Canada Drive,Oro Valley,Arizona 85737
www.orovalleyaz.gov I phone:(520)229-4700 I fax:(520)297-0428
Addendum to Easement Agreement made between the Town of Oro Valley and HSL Steam Pump,LLC
This addendum to the easement agreement dated February 5, 2013, between the Town of Oro Valley
("Grantor") and HSL Steam Pump, LLC("Grantee") defines operations and maintenance responsibilities
for the light poles and fixtures located in the Town-owned park adjacent to the north of the Encantada
at Steam Pumps and the water line from the Encantada maintenance building to the drinking fountain
located on the Town-owned park.
NOW AND THEREFORE,that for good consideration the parties made the following additions or changes
to a part of the easement agreement:
1) The on-going operations, maintenance, upkeep and repair of the light poles, including
fixtures and luminaries attached thereto,shall be the sole responsibility of the Town of Oro
Valley Parks and Recreation Department, in perpetuity.
2) Power service to the light poles shall be provided by Steam Pump, LLC, in perpetuity.
3) The ongoing operations, maintenance, upkeep and repair of the existing water line serving
the drinking fountain on the Town owned park site shall be the sole responsibility of the
Town of Oro Valley.
4) The water supply to the drinking fountain shall be provided by Steam Pump, LLC, in
perpetuity.
All other terms and provision of the Easement Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this addendum to the easement agreement as
of.thisji 'f-,,J,1't/ , Z- /r .
dayof r
GRANTEE
Executive Vice President
HSL Steam Pump, LLC.
State of Arizona
ss.
County of Pima
On this 2 'ctyof -Jan Vdr b/ before me ersonall a eared 0 �3 r �l ie(�5,
� personally pp
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 above/attached document.
(affix seal)
Ithia;a44--e Afbazitebrv-YA--
Notary Public
MARLYS M
Al EAC HAM
Notary Public,State of Arizona
, ►• �o Pima County
4, My Commission Expires
May 02, 2016
GRANTOR:
TOWN OF ORO VALL
$reg Cato(,Town Manager
ATTEST: APPROVED AS TO FOR :
7 N/2
diehiIre/ /
tie K. Bower Town Clerk Tobin Sidles, Leal ervices Director
g
Date: 91/QA5Date: /?i
•
F. ANN RODRIGUEZ, RECORDER I1111111111IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recorded By: JI �yog�IM
DErvaY RECORDER � 9pO SEQUENCE:
4906 , // � 20130770452
9,$,,z NO. PAGES: 2
SOROV � INly; gig 03/18/2013
TOWN OF ORO VALLEY
11000 N LA CANADA DR 141/1014t* 16:31
MAIL
ORO VALLEY AZ 85737 AMOUNT PAID: $8.00
RESOLUTION NO. (R)13-10
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY ("TOWN"), ARIZONA, AUTHORIZING AND
APPROVING AN EASEMENT AGREEMENT WITH HSL STEAM PUMP
LLC, ("HSL") IN CONNECTION WITH MODIFICATIONS AND/OR
ALTERATIONS OF THE PROPERTY KNOWN AS STEAM PUMP
VILLAGE
WHEREAS, for the mutual benefit of the Town and HSL, the Town desires to grant an
easement to HSL for the purpose of installing and maintaining a passive recreation park on Town
owned land; and
WHEREAS,the Town owns the park area located at the north end of Steam Pump Village (the
"Park"); and
WHEREAS, in order to install and maintain the Park HSL requires an easement on, over and
through the Park,the easement is described in Exhibits"A"attached hereto; and
WHEREAS, it is in the best interest of the Parties to enter into this agreement for improvement
and maintenance of the Park to create a general use area for the enjoyment of the public.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of The Town Of Oro
Valley,Arizona,that:
1. The agreement for granting an easement to HSL Steam Pump, LLC by the Town
of Oro Valley, attached hereto as Attachment "1" is hereby authorized and
approved.
3. The Mayor and other administrative officials of the Town of Oro Valley are
hereby authorized to take such steps as are necessary to execute and implement
the easement reconveyances and acquisitions.
PASSED AND ADOPTED by the Mayor and Town Council of Oro Valley,Arizona this 6th day
of March, 2013.
TOWN OF ORO VALLEY
Dr. Satish I. ire th, Mayor
ATTEST:
16) °*.
le K. Bower, Town Clerk
Date: 3/gb3
APPROVED AS TO
1
.44?
Tobin Sidles, Interim Town Attorney
Date: 4 /G/13
4
F. ANN RODRIGU RECORDER 1111---111111110101111111111111111110111111111111111111111
'Recorded By: J
yoF
DEPUTY RECORDER 4kS� SEQUENCE: 20130770453
4906 `
�; f. itZ NO. PAGES: 7
SOROV EASMNT 03/18/2013
TOWN OF ORO VALLEY
1/414-014* 16:31
11000 N LA CANADA DR
MAIL
ORO VALLEY AZ 85737 AMOUNT PAID: $9.00
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made between the Town of Oro Valley, Arizona, a
municipal corporation ("Grantor") and HSL Steam Pump, LLC ("Grantee"), collectively ("the parties").
The parties agree as follows:
Grantor is the owner of the land more specifically described as Steam Pump Village.
Grantee's land is adjacent to Steam Pump Village 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»
NOW, THEREFORE, for and in consideration of perpetual maintenance of the drainage and
improvements specified in Exhibit "A" and the faithful performance by the Grantees, Grantor does hereby
grant an Easement and privilege to the Grantees, and 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
This non-exclusive Easement Agreement is subject to the following terms and conditions:
1. This Easement is granted for the purpose as described in Exhibit"A".
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. Notice to the Grantor shall be addressed to each of the following:
PRL& CR Director Town Attorney
Town of Oro Valley AND Town of Oro Valley
11000 N. La Canada Drive 11000 N. La Canada Drive
Oro Valley AZ 85737 Oro Valley AZ 85737
Notice to the Grantees shall be addressed to:
Omar Mireles
Executive Vice President
HSL Steam Pump, LLC
3 901 E. Broadway Blvd.
Tucson, AZ 85719
4. Nothing contained in this Easement Agreement shall be construed as granting fee title to the
subject land owned by the Grantor.
5. The Easement shall run with the land and bind all successors and assigns.
6. 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 arising out of this 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,whether intentional or negligent in connection with or incident
to this Easement.
7. Grantee shall abide by all applicable federal, state and local ordinances, statues and regulations.
8. Approval of this Easement is subject to compliance with all conditions and provisions of approved
plans and specifications.
9. Modifications and/or alterations shall be made in writing an approved by the Parties.
10. This Agreement is subject to A.R.S. § 38-511 which provides for cancellation of contracts by the
Grantor for certain conflicts of interest.
11. Any breach of this Agreement may result in irreparable damage to the Grantor for which the
Grantor will not have an adequate remedy of law. Accordingly, in addition to any other remedies
and damages available, Grantee acknowledges and agrees that Grantor may immediately seek
enforcement of this Agreement by means of specific performance or injunction, without a
requirement to post a bond or other security.
12. Should the Grantor bring any legal or equitable action for the purpose of protecting or enforcing
its rights under this agreement, the Grantor shall recover in addition to all other relief, its
reasonable attorney's fees and/or court costs to be fixed by the Court.
13. The Parties do for themselves, their heirs, executors, administrators, successors and assigns, agree
to the full performance of all provisions herein contained. Grantee may not, either voluntarily or
by action of law, assign any obligation assumed by Grantee without prior consent of the Grantor.
2
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement as of this
� - day ofre -6t,,,,vry , 2013 .
GRANTEE
411.
Date: L . 5 /3
State of Arizona )
) ss.
County of Pima )
On this day of -- ,4 r 3 ii , 20 //s, before me personally appeared an,o9E A Ire/c.'3,
whose identity was proven to m the basis of satisfactory evidence to be the person who he or she
claims to be, and acknowledged t at he or she signed the above/attached document.
1 4/0 i ' 1/24tH44'
MAR LYS MEAC HAM Notary Publi
fi \ Notary Public.State of Arizona
4179417 Pima County
�� My Commission Expires
��v May 02, 2016
TOWN OF ORO VALLEY
4110(
4, ,/ I
Dr. Satish I. iremath, Mayor
ATTEST: APPROVED AS TO F :
/ / 44_iviiA
4ie K. Bower, Town Clerk Tobin Sidles,Interim Town Attorney
Date: J/13//j Date: ,/1,/
3
r
EXHIBIT"A"
PURPOSE OF USE
The Town owned park property is devoted to the general use and enjoyment of the public. The goal is to
create a general-purpose recreation area to engage in passive recreational activities.
HSL Steam Pump, LLC,proposes the following amenities to be installed on the Town owned property
just north of our site:
• Ten (10)parking spaces on decomposed granite with wheel stops;
• One(1)ADA parking space with signage per code;
• A pedestrian path,ADA accessible,from the parking area to the existing multi-use path;
• A pedestrian path through the park area for access to the picnic areas;
• Bike parking for up to 6 bicycles;
• One(1)duel functioning water fountain;
• Two (2)benches,3 picnic tables,5 trash bins,and one recycling bin;
• Park signage,per Oro Valley Parks and Recreation Department;
• A ponding and drainage area,without grass as we are preserving trees based on Oro Valley parks and
Recreation Department recommendation;and
• Transplanting 18 mature trees from our residential site into the park,as well as planting an
additional 6 new 24"box Pale Verde trees (many more trees than originally planned). HSL Steam
Pump LLC will maintain the 24 trees until they are able to sustain themselves (not to exceed
24months).
Exhibit "B"
Legal Description
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OPT1MUS
SURVEY SERVICES
LEGAL DESCIULT1ON
STEAM PUMP VILLAGE PRASE 3
BOSQUE PARK
A PORTION OF BLOCK 2 OF STEAM PUMP VILLAGE PHASE 3 AS SHOWN ON FINAL
PLAT RECORDED IN BOOK 64,PAGE 95,PIMA COUNTY RECORDS,LYING WITHIN
SECTION 5,TOWNSHIP 12 SOUTH RANGE 14 EAST OF THE GLA&SALT RIVER
MERIDIAN,PIMA COUNTY,ARIZONA,MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORER OF SAID BLOCK,SAID POINT
BEING ON A NON-TANGENT CURVE CONCAVE NORTIMESTERLY HAVING A
RADIUS POINT THAT BEARS N.60°59'35"W.,A DISTANCE OF 3749.72 FEET;
THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID BLOCK 2 AND SAID
CURVE THROUGH A CENTRAL ANGLE OF 6°13'28",AN ARC LENGTH OF 403.01
FEET,TO AN ANGLE POINT IN SAM SOUTH LINE;
THENCE DEPARTING RADIAL TO SAID AVE,S.54°46'07"E.,A DISTANCE OF 10.00
FEET TO AN ANGLE POINT IN SAID SOUTH LINE,SAM ANGLE POINT BEING ON A
NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS POINT
THAT BEARS N.54°46'07"W.,A DISTANCE OF 3719.72 FEET;
TIERCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0°03'11",AN ARC LENGTH OF 3.44 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SO STERLY HAVING A RADIUS POINT THAT BEARS
S.4I 91'29"W.,A DISTANCE OF 46.04 FEET;
TACE DEPARTING SAID SOUTH LINE,NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 29°49'52",AN ARC LENGTH OF 23.95 FEET;
TACE N.78°38'24"W.,A DISTANCE OF 43.17 FEET TO THE BEGINNING OF A
AVE CONCAVE SOUTHWESTERLYITAVING A RADIUS OF 200.00 FEET; 8
6
9
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF O
11°39'32",AN ARC LENGTH OF 40.70 FEET TO TIM BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS POINT THAT BEARS 5
S.17°31'39"W.,A DISTANCE OF 260.09 FEET; 1
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10°45'36",AN ARC LENGTH OF 48.54 FEET;
Page 1 of 2
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THENCE N.36'00'00"W.,A DISTANCE OF 166.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID BLOCK 2;SAID POINT BEING ON A NON-TANGENT
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS POINT THAT BEARS
S.28°08'31"E.,A DISTANCE OF 2804.79 FEET;
THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 8°53'31",AN ARC LENGTH OF 435.28 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE N.83°18'14"E.,A DISTANCE
OF 59.83 FEET TO THE PONT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 75,000 SQUARE FEET OR 1.72 ACRES,
MORE OR LESS.
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