HomeMy WebLinkAboutEasements - 3/15/2012, Grant of Conservation Easement, TOV (Grantor), Rancho Vistoso Neighborhood 5, Honey Bee P F. ANN RODRIGUEZ, KECORDER IIIIIIIIIIII{IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Reborded By: MRB
DEPUTY RECORDER �I rqC
SEQUENCE: 20120750005
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1562 W J 7 y�.CP SEQUENCE:
NO. PAGES: 11
PCREA � �� iii' y EASMNT 03/15/2012
PIMA CO REAL PROPERTY SERVICES
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AMOUNT PAID: $0.00
WHEN RECORDED RETURN TO:
PIMA COUNTY REAL PROPERTY SERVICES
201 N. STONE, 6TH FLOOR
TUCSON, AZ 85701-1215
DOCUMENT TITLE: GRANT OF CONSERVATION EASEMENT
Recorded Doc Return.Frm
V A
GRANT OF CONSERVATION EASEMENT
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THIS CONSERVATION EASEMENT is made this day of , 2012, by
the Town of Oro Valley, a municipal corporation existing under the laws of the State of Arizona„
("Grantor"), in favor of Pima County, a political subdivision of the State of.Arizona, ("County"
or"Grantee") (collectively, the"Parties"),pursuant to A.R.S. § 33-271, et. seq.
. In consideration of the mutual covenants contained herein, Grantor hereby voluntarily
grants and transfers to County a conservation.easement(the "Easement"), in perpetuity, over and
across the property described in Exhibit A (the"Property"),which Easement shall run with the
land and shall bind the Grantor and County in perpetuity, subject to the terms and conditions
contained herein.
1. PURPOSE. The Parties agree that it is the purpose of this Easement to: (i) assure that the
Property will be preserved forever in its predominantly open, scenic, undeveloped and natural
condition; (ii)prevent any uses of the Property that will significantly impair or interfere with the
Conservation Values of the Property as provided below; (iii) conserve habitat for wildlife; (iv)
protect rare and unique native plants and animals currently known or later identified; and (v)
promote the conservation purposes stated in A.R. S. § 33-271(2).
2. CONSERVATION VALUES. For purposes of this Easement, Conservation Values shall
mean areas of biological, ecological, archeological, historical, cultural or geologic importance.
3. RIGHTS OF COUNTY. Grantor hereby grants the following rights to County:
3.1 To identify,preserve,protect and monitor,in perpetuity, the Conservation Values
of the Property;
3.2 To prevent Grantor or third persons from conducting any activity on or use of the
Property that is prohibited or inconsistent with this Easement;
3.3 To enter upon the Property for administrative purposes,provided that such entry
shall not in any case unreasonably interfere with Grantor's use and quiet
EXEMPTION:A.R.S. 11-1134.A.3 Board of Supervisors Approval:
Agent:MDS File#: 11,216-002 Activity#: Poo4 P[ ]De[]Do[ ] E[X]
Honey Bee Park Conservation Easement from-TOV v.Final mds 111711
enjoyment of the Property;
3.4 Upon thirty (30) days written notice to Grantor, and subject to Grantor's approval,
which shall be in Grantor's sole discretion, County or other educational or
research agencies and institutions may enter upon the Property to engage in •
ecological, geological and/or archeological studies, research and special projects,
provided that County shall not unreasonably interfere with Grantor's use and quiet
enjoyment of the Property, and further provided that such studies, research and
special projects do not constitute 'prohibited activities' under Section 4 of this
Easement;
3.5 To enter upon the Property at any time during the term of this Conservation
Easement under emergency circumstances to prevent an imminent breach of the
terms of this Easement or, in County's sole discretion, to prevent damage to or
destruction of the Conservation Values.
4. PERMITTED ACTIVITIES. The following activities shall be permitted on the Property:
4.1 Vegetation removal as reasonable and necessary for habitat improvements to
promote recovery or reestablishment of native species, fencing,maintaining utility
easements, livestock developments and residential needs, except where priority
vulnerable species may be negatively impacted.
4.2 The use of existing outbuildings as identified herein, that is reasonable and
necessary to sustain the recreational operations, provided they do not compromise
the Conservation Values for which the Property was acquired.
4.3 The construction of replacement structures on the existing disturbed sites. New
structures may be permitted consistent with the purposes of, and not specifically
prohibited by the terms of this Easement.
4.4 Prescribed fire and fire management activities affecting areas of. 1 acre or less.
Prescribed fire on areas exceeding 1 acre requires written approval from Grantee.
4.5 Installation of new or replacement of existing wire-strand fencing,built to
wildlife-friendly standards as established by the Arizona Game and Fish
Department.
4.6 The use of herbicides or pesticides as needed for non-native vegetation
management or fire management purposes.
4.7 Replacement of existing wells, pumps, pipelines,windmills, septic systems and
storage tanks as necessary for permitted operations on the Property along with
maintenance and repair of existing water developments.
4.8 Maintenance of existing trails for nonmotorized recreation including hiking,
wildlife-watching,mountain biking, hunting access to adjoining public lands, and
horseback riding,provided the trails don't compromise the Conservation Values
of the Property.
4.9 Hunting by licensed and/or permitted hunters consistent with the rules,regulations
and seasons established by the Arizona Game and Fish Department.
4.10 Wildlife management activities carried out in cooperation with the Arizona Game
and Fish Department.
5. PROHIBITED ACTIVITIES. Any activity or use of the Property inconsistent with the
purpose of this Easement or the Conservation Values of the Property is prohibited. Without
limiting the generality of the foregoing, the following activities and uses are expressly
prohibited:
5.1 Development of the Property, including subdivision or lot splitting of the
Property.
5.2 Constructing or placing of any additional buildings or structures, except
construction of additional residences, associated outbuildings and agricultural .
outbuildings or recreational development, as might be provided elsewhere in this
Easement.
5.3 Surface alteration or natural vegetation alteration other than that necessary to
retain,restore or enhance the Property's Conservation Values as defined herein.
5.4 Disturbance to archaeological and historic sites,including collection of artifacts
and excavation, or construction of any facilities or improvements within
archaeological and historic site boundaries.
5.5 Severing of surface or subsurface water rights associated with the Property,
including the transfer, encumbrance,lease and sale of water rights, except where
severance of such water rights benefits the Conservation Values as defined herein.
5.6 Manipulating, impounding or altering any natural watercourse, except as may be
necessary to retain, restore or enhance the Conservation Values as defined herein.
5.7 Development of, or the granting of rights-of-way, access or easements for new
roads, except as might be provided elsewhere in this Easement.
5.8 Development of, or the granting of rights-of-way, access or easements for new
utilities, including telecommunications facilities, except where environmental
analysis adequately demonstrates that allowing such activities is not harmful to
the Conservation Values of the Property. Review of such environmental analyses
and final determination as to the harmful nature of such impacts is granted solely
to Grantee.
5.9 Filling, excavating, dredging,mining, drilling, exploration, or extraction of
minerals, hydrocarbons, soils, sand, gravel, rock or other materials on or below
the surface of the Property, except as minimally necessary in connection with such
activities as may be required in performing any activities permitted herein or as
allowed under Federal law.
5.10 The storage, dumping, accumulation or disposal of toxic and/or hazardous
materials,trash, garbage, solid waste or other unsightly material on the Property.
5.11 The introduction of non-native fish or amphibians or other non-native organisms
to or from catchments, tanks, springs or creeks.
5.12 The introduction of non-native species of noxious or aggressive character that
might adversely affect the Conservation Values of the Property.
5.13 Storage and use of biocides and chemical fertilizers except for residential and
agricultural purposes that may be provided for herein. Aerial application of
biocide or other chemicals is prohibited except where Grantor and Grantee concur
that it is an appropriate and necessary management technique to promote the
recovery or reestablishment of native species or to reduce threats to ecosystem
structure and function.
5.14 Pumping of surface or subsurface water from existing diversions for other than
on-site residential, wildlife,recreational,habitat enhancement. increases in the
amount of surface or subsurface water per pump shall not be permitted without
joint approval from Grantor and Grantee.
5.15 Construction of new water diversions that divert surface or subsurface water from
any spring or watercourse, except for activities otherwise permitted herein.
5.16 Planting non-native, invasive plant species.
5.17 Installation of underground storage tanks for petroleum or other polluting
substances, except those already existing or permitted septic tanks.
5.18 Except as expressly permitted in Paragraph 3.15 above, confinement of livestock
where animals are located in enclosures. This includes but is not limited to
horses, feeder cattle, dairy,pig, poultry and exotic animal farm operations.
5.19 Commercial enterprises inconsistent with protection of the Property's
Conservation Values. Commercial enterprises that provide for ecotourism or
wildlife-related recreation may be approved subject to the joint consent of Grantor
and Grantee.
5.20 Use of the Property to provide temporary residential space for mobile homes,
travel trailers, tent trailers,self-propelled recreational vehicles and like structures
or vehicles
5.21 Any paving of roads using asphalt or concrete except where required by County
ordinance.
5.22 Any modification of the topography of the Property through the placement thereon
of soil, dredging spoils, or other material, except for those uses permitted under
this Easement.
5.23 Off-road vehicular travel except as reasonably necessary to facilitate permitted
activities on the Property.
6. DEFAULT AND REMEDIES.
6.1 If County determines that Grantor is in breach of the terms of this Easement,
County shall give written notice to Grantor of such breach and demand corrective
action sufficient to cure the breach and, where the breach involves injury to the
Property resulting from any activity inconsistent with the purpose of this
Easement, to restore the portion of the Property so injured. If Grantor fails to cure
the breach within thirty(30) days after receipt of such notice, or under
circumstances where the breach cannot reasonably be cured within a thirty(30)
day period, fails to begin curing such breach within the thirty(30) day period, or
fails to continue diligently to cure such breach until finally cured, then the County
may bring an action at law or in equity in a court of competent jurisdiction to
enforce the terms of this Easement, to enjoin the breach by temporary or
permanent injunction, to recover any damages to which it may be entitled for
breach of the terms of this Easement or injury to any protected uses or
Conservation Values, including damages for any loss thereof, and to require the
restoration of the Property to the condition that existed prior to any such injury. If
upon receipt of notice from the County the Grantor fails to cease the activity
which caused the breach, the County may bring immediate action at law or equity
to enjoin the breach by temporary or permanent injunction.
6.2 Nothing in this Easement shall be construed to entitle County to bring any action
against Grantor for any injury to or change in the Property resulting from causes
beyond Grantor's control, including unforeseeable acts of trespassers, fire, flood,
storm, drought, pests, earth movement, and major vegetative disease, or from any
prudent action taken by Grantor under emergency conditions to prevent, abate or
mitigate significant injury to the Property resulting from such causes.
7. COSTS,TAXES. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property. Grantor remains solely responsible for obtaining any applicable governmental
permits and approvals for any activity or use which shall be undertaken in accordance
with all applicable federal, state, and local laws, regulations, and requirements. Grantor
shall pay before delinquent all taxes, assessments, fees, and charges of whatever
description levied on or assessed against the Property by competent authority(collectively
"taxes"), and shall furnish Grantee with satisfactory evidence of payment upon request.
8. THIRD PARTY BENEFICIARY. Grantor grants to Pima County Regional Flood
Control District the right as third party beneficiary to enforce the terms and conditions of
this Easement ensuring perpetual preservation of the Conservation Values of the
Property.
9. GENERAL PROVISIONS.
9.1 Severability. if any provision of this Easement is found to be invalid,the
remainder of the provisions of this Easement shall not be affected thereby.
9.2 Entire Agreement. This instrument sets forth the entire Agreement of the Parties
with respect to this Easement.
9.3 Public Access. Nothing contained herein shall be construed as affording the
public at large access to any portion of the Property, except that the public shall
have ingress and egress over the Property along any and all designated trails
maintained pursuant to paragraph 3.12 above, for the purpose of engaging in any
properly permitted activity on the Property.
9.4 Successors. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of the Parties hereto and their
respective personal representatives, heirs, successors, and assigns, and shall
continue as a servitude running in perpetuity with the Property.
9.5. Cancellation. This Easement is subject to cancellation per A.R.S. §38-511.
9.6 No Subordination. Upon recordation in the Pima County, Arizona, Recorder's
Office, this Easement shall be deemed superior to all after acquired property
interests in the Property. County shall have no obligation to subordinate its rights
and interests in this Easement to any party.
Grantor:
TOWN OF ORO VALLEY: ATTEST:
Dr. Satish . Hiremath, Mayor ,/e K. Bower, Town Clerk
JAN 5 2012 1 .,
Date Dat
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Alrer
TobinRosen ..._..,� __....� e.e C. on
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Town Attorney Interi Town Manager
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Date Date
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Grantee:
PIMA •• .. Y: ATTEST:
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WM / 499 / t
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C :1nnan, Pima County Board o •: 'sors Clerk, Pima County Bid of Supervisors
MAR 0 6 2012 MAR 0 6 2012
Date Date
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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410," , ' OP0 ,
Neil J. Konigsber111141 Ch ma Biggsa Ilk--
Deputy Pima Cou \ A Manager, Pima County Real Property
Services
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Date Date
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,
March 7, 2002
WL..B No. 185050-A-005-1003
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The
WLB LEGAL DESCRIPTION
p� RANCHO VISTOSO NEIGHBORHOOD 5
HONEY BEE PARK
That portion of the South Half(5 1/2) of Section 24, Township 11 South, Range 13 East
Gila and Salt River Meridian, County,Arizona, described as follows:
Pima g '
COMMENCING at the Southeast corner of said Section 24;
THENCE S 89°54'22"W, along the South line of the Southeast QuarterSE 1/4
of said Section 25a distance of Quarter(SE
740,00 feet,to the'POINT OF BEGINNING;
THENCE continue S 89°54'22"W, along said South line , a distance of 1,906.42
feet, to the Southeast corner of Rancho Vistoso Neighborhood 5, Parcel B, recorded in
Book 51, Maps and Plats, Page 8;
THENCE N 16°00'00"W, along the Easterly of said plat, a distance of 2,163.27
feet to a point on the arc of a+non-tangent curve concave to the South, on the Southerly
right-of-way line of Rancho Vistoso Boulevard, recorded in Docket
. 8178 at Page 1966, a
radial line of said curve through said point having a bearing of N 09°4415"W;
THENCE Easterly along said right-of-way line and the arc of said curve,to the
right, having a radius of 925.00 feet and a central angle of 32°14'08"for distance
an arc distance
of 520.42 feet to a point of tangency;
THENCE S 67°30'07" E, along said right-of-way line, a distance of 827.84 feet to
a point of curvature of a tangent curve concave to the North;
THENCE Easterly along said right-of-way line and the arc of said curve,to the
left, having a radius of 1,025.00 feet and a central angle of 30°36'01"for an arc distance
of 547.43 feet to a non-tangent line on the Westerly boundary line of Rancho Vistoso,
Neighborhood 5, Parcel C, recorded in Book 51, Maps and Plats, Page 60;
THENCE S 00°19124"W, along said Westerly line, and t e1ro`ection of said line
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a distance of 1635.90 feet, to the POINT OF BEGINNING;
Containing 62.91 acres, more or less.
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Prepared By: \ ri;►':N
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Jack A. Buchanan �JAB:teg s c,-,-Ii .
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EXHIBIT TO ACCOMPANY DESCRIPTION OF
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SECTION 24, T. 11 5., R. 13 E, G.S.R.M., x'Le# project Mo. 185050—A31 H-103X
• PIMA COUNTY, AMONA 3-7-2002 N:\185050\NEIGH51\HQNEY--BEE\EXBT—RECAREA.DWG
RESOLUTION NO. (R) 12-02
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE
TRANSFER OF HONEY BEE PARK FROM PIMA COUNTY TO THE
TOWN OF ORO VALLEY
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with
all associated rights, privileges and benefits and is entitled to the immunities and exemptions
granted municipalities and political subdivisions under the Constitution and laws of the State of
Arizona and the United States; and
WHEREAS, in 2002 Pima County signed a development agreement with Stone Canyon, L.L.C.
which stated that Stone Canyon L.L.C. had to grant Honey Bee park ("Park") to Pima County
upon completion of certain conditions; and
WHEREAS, the development agreement stated that Pima County would convey title to the Park
to the Town subject to the Town conveying a conservation easement to Pima County, attached
hereto as Exhibit"A" and incorporated herein by this reference; and
WHEREAS, as the terms of the development agreement between Pima County and Stone
Canyon, L.L.C. have been completed Pima County notified the Town in May 2011 that the
County was prepared to transfer Honey Bee Park to the Town in return for the conservation
easement; and
WHEREAS, it is in the best interest of the Town to accept the title to the Park subject to
conveyance of the conservation easement to Pima County.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that the conveyance of Honey Bee Park from Pima County to the Town of Oro
Valley in exchange for the conservation easement, attached hereto as Exhibit "A", and
incorporated herein by this reference, from the Town of Oro Valley to Pima County, is hereby
authorized and approved.
BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the
Town of Oro Valley are hereby authorized to take such steps as are necessary to carry out the
terms of this Agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
4th day of January, 2012.
TOWN OF ORO VALLEY
it2-12
Dr. Satish I. Hirema , Mayor
\\Lexicon\agendaquick\PacketPrinter\AGENDA\TC\ltem07_E_Att l_R 121)2 Transfer of Honey Bee Park.doc Town of Oro Valley Attorney's Office/ca/10031 I
ATTEST: APPROVED AS TO FORM:
Juli- ► . Bower, Town Clerk Tobin Rosen, Town Attorney
Date: /6/;& Date: ` . �-'
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Town of Oro Valley Anornew's Office/ca/1024 I 1
EXHIBIT 64A,,
\\Lexicon\agcndaquick\PacketPnnter\AGENDA\TC\ItemO7_E_Att I_R 12-02 Transfer of Honey Bee Park.doc
Town of Oro Valley Attorney's Office/ca/1024 I 1