HomeMy WebLinkAboutEasements - 8/1/2013, Utility Easement, Smith's Food & Drug Venters an Ohio Corp., dba Fry's Food & Drug Stores F. ANN RODRIGUEZ, RECORDER
, Recorded By: JAF 4''Vof p
DEPUTY RECORDER
SEQUENCE: 20132130160
4920 ivd NO. PAGES: 5
S OROV ,3 EASMNT 08/01/2013
TOWN OF ORO VALLEY .1/41014t*�' 11:11
11000 N LA CANADA DR �'IZO�
MAIL
ORO VALLEY AZ 85737 AMOUNT PAID: $8.00
UTILITY EASEMENT
5".As Lij+ (arcs � -�o.�.��� ' 'so„n/�be. stores, ("Grantor"), does hereby
grant to j • _ al(, , ("Grantee"), a perpetual
easement and wa right-of for ingr ass and egress and a utility easement on, over, under, and
g y
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. Grantee enters the Property at its own risk and shall not look to
Grantor for any injuries it sustains on the Property. 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 thhrity-- i 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:\REALESTATE\User-R QUEEN\117-Water Utility Easement.Frys.RL.7.9.13.doc
6. Grantee shall protect, defend and indemnify Grantor from and against any claims,
actions, causes of action, damages, injuries to persons or property, demands,
judgments and expenses, including reasonable attorney fees, where Grantee's use
and enjoyment of the easement granted herein is found to be negligent.
THIS EASEMENTgranted this24'4) dayof Tully20 .3 .
GRANTOR
B '�
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Title: C (;:c:)
STATE OF ARIZONA )
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COUNTY OF 14*
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This instrument was acknowledged before me this79tyof , 20 I3 ,
g rby
fifi;clue i LA,Lortrial, . Ail f\ w
.4, ur.4,4
Notary Publi
My Commission Expires: in art_IA a2,, az()1c
MARY J, OJEDA
Nctaty Public►3tete o1 Afison•
.� Maricops County
'. -%', My Commission Expires
March 22, 2015
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ALEGAL DESCRIPTION
UTILITY EASEMENT EXTENSION
MERCADO AT CANADA HILLS
BK. 64, PG. 93, P.C.R.
THOSE PORTIONS OF MERCADO AT CANADA HILLS, A SUBDIVISION OF PIMA COUNTY, ARIZONA,
ACCORDING TO THE MAP OR PLAT THEREOF IN THE OFFICE OF THE COUNTY RECORDER OF PIMA
COUNTY, ARIZONA, IN BOOK 64 OF MAPS AND PLATS AT PAGE 93, LOCATED WITHIN THE SOUTHWEST
QUARTER OF SECTION 11, TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN,
PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 11;
THENCE NO0°01'40"W ALONG THE WEST LINE OF SAID SECTION 11, A DISTANCE OF 564.00 FEET;
THENCE N89°55'20"E, A DISTANCE OF 75.00 FEET TO THE SOUTHWEST CORNER OF SAID MERCADO AT
CANADA HILLS;
THENCE N00°01'40"W ALONG THE WEST LINE OF SAID MERCADO AT CANADA HILLS, A DISTANCE OF
220.73 FEET;
THENCE N89°58'20"E, A DISTANCE OF 150.62 FEET TO A POINT ON THE NORTH LINE OF LOT 9 SAID
POINT DESCRIBED AS POINT"A";
THENCE S80°34'57"E, A DISTANCE OF 39.51 FEET TO THE POINT OF BEGINNING OF AREA 1;
THENCE S00°01'18"E, A DISTANCE OF 15.25 FEET TO A POINT ON THE EXISTING UTILITY EASEMENT AS
RECORDED IN DOCKET 13554, PAGE 259, P.C.R.;
THENCE N89°58'42"E, ALONG SAID EASEMENT, A DISTANCE OF 4.06 FEET;
THENCE N00°00'36"W, ALONG SAID EASEMENT, A DISTANCE OF 15.25 FEET;
THENCE N90°00'00"W, A DISTANCE OF 4.06 FEET TO THE POINT OF BEGINNING.
AREA 2
COMMENCING AT SAID POINT"A";
THENCE N43°02'52"E, A DISTANCE OF 47.93 FEET TO THE POINT OF BEGINNING OF AREA 2, SAID POINT
BEING ON THE EXISTING UTILITY EASEMENT AS RECORDED IN DOCKET 13554, PAGE 259, P.C.R.;
THENCE N89°58'20"E, ALONG SAID EASEMENT, A DISTANCE OF 10.32 FEET;
THENCE N00°00'31"W, ALONG SAID EASEMENT, A DISTANCE OF 20.22 FEET;
THENCE N90°00'00"W, A DISTANCE OF 10.29 FEET;
THENCE S00°03'17"W, A DISTANCE OF 20.22 FEET TO THE POINT OF BEGINNING.
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EXHIBIT
UTILITY EASEMENT EXTENSION
MERCADO AT CANADA HILLS �
BK. 64, PG. 93, P.C.R.
AREA 2 , _
L8
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P.O.B. 2
COMMON AREA 'A'
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BK. 64, PG. 93, P.C.R.
0 50' L6
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I5e0= 1 0
i 1—i SCALE: 1" = 50'
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I _ N89'58'20"E AREA 1
51.81 98.81' LI
75 D/W - �,A,� P.O.B. 1 r r-
POINT
1---- L3
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o LOT 9 L
0o BK. 64, PG. 93, P.C.R.
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z M EXISTING UTILITY EASEMENT
p co DKT. 13554, PG. 259, P.C.R. ---/ /..._.
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co LOT 8 ( (
I BK. 64, PG. 93, P.C.R.
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75.00
N89'55'20"E
EXISTING
15' WATER LINE EASEMENT
CD o S.W. COR. DKT. 9359, PG. 1478
6-14 M ERCADO AT CANADA HILLS
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• 2 K. 64, PG. 93, M.C.R.
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EXHIBIT
UTILITY EASEMENT EXTENSION
MERCADO AT CANADA HILLS
BK. 64, PG. 93, P.C.R.
LINE TABLE
LINE LENGTH BEARING
L1 39.51 S80'34'57"E
L2 15.25 S00'01 '18"E
L3 4.06 N89'58'42"E
L4 15.25 N00'00'36"W
L5 4.06 N90'00'00"W
L6 10.32 N89'58'20"E
L7 20.22 N00'00'31 "W
L8 10.29 N90'00'00'W
L9 20.22 S00'03'17"W
L10 47.93 N43'02'52"E
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STEPHEN J.
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