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Home My WebLink AboutEasements - 5/11/2012, Public Water Utility Easement, Home Depot U.S.A., Inc (Grantor), Within Rooney Ranch Parc F. ANN RODRIGUEZ, RECORDER 1111111 11111 1111111111111111111111111111111111111111HI .Recorded By: JKP DEPUTY RECORDER voFt , I11-r 4tiiikc>0SEQUENCE: 20121320939 4889 d NO. PAGES: 6 SOROV `=o .I " EASMNT 05/11/2012 TOWN OF ORO VALLEY `� 18:00 11000 N LA CANADA DR •1101101°.I1101101°.. MAIL ORO VALLEY AZ 85737 AMOUNT PAID: $8.50 UTILITY EASEMENT Home Depot U.S.A., Inc., a Delaware corporation ("Grantor"), does hereby grant to the Town of Oro Valley Arizona ("Grantee"), a perpetual, non-exclusive easement and right-of wayfor ingressg and egress and a utility easement on, over, under, and through the burdened land as legally described in Exhibit "A", attached hereto and incorporated herein bythis reference "Easement � (the Easement Area"). Grantee is hereby granted the right to lay, construct, operate, maintain, p inspect, repair, replace, relocate and remove water lines and appurtenances (the "Improvements") ) on, over, under, and through the Easement Area. This easement is subject to the following conditions: 1. Grantor may use the Easement Area for any purposes not inconsistent with the actual use of the Easement Area for the purposes herein granted, so long as Grantee's use and access to the Easement Area is not obstructed. 2. Grantor warrants that Grantor holds good title to the Easement Area, and thereby has the authority and right to enter into this Utility Easement. 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 ,assi nsrespectively. g 4. Grantee hereby agrees that the.Improvements.wil L beconstructed underground within the g Easement Area and will not interfere or endanger the Grantor's existing utility facilities. 5. Grantee hereby agrees that the rights hereunder shall not be assigned or otherwise g transferred without the prior written consent of Grantor, except Grantee mayassign its g rights to either a parent, subsidiary or affiliate of its companyor its successor business by merger, sale of assets, sale of equity or otherwise. 6. Grantor and Grantee shall cooperate with one another to schedule standard maintenance to be conducted within the Easement Area. No notice for emergency repairsby Grantee is required. 7. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, operation, repair, replacement and maintenance of either Grantee's Improvements or the Easement Area as provided for herein with the least e possible inconvenience, interference, and/or disruption of, including, but ' . p g, not limited to, traffic flow and normal course of business. Grantee agrees to return the Easement ent Area to as close to its condition which existed prior to the installation of anyof its Improvements p ovements in the Easement Area as reasonably possible, at Grantee's sole cost and expense; 8. All work permitted and/or required hereunder shall beerform p ed by the Grantee, its employees, contractors and agents, in accordance andpursuant to all governmental . g rnmental laws, regulations and ordinances pertaining thereto andpursuant to theplans approved by Grantor. previously 9. The easement granted hereunder is a permanent easement and will continue in full force and effect so long as the easement is used by the Grantee, its successors and assigns. In the event that Grantor wishes to relocate the Improvements, at its sole p expense, Grantee shall reasonably cooperate with such request. Upon fifteen (1 S) days' written notice, ce Grantee shall release and extinguish all its rightsgranted pursuant in g p t to this Uti 1 ity Easement in the event of a relocation of the Improvements. 10. Grantee acknowledges that the easement is non-exclusive andr G antor reserves the right to use the Easement Area in any manner not inconsistent with the easement grant as provided herein, including, but not limited to, parking of vehicles and trucks ucks as part of Grantor's normal course of business. Grantor shall not permit the construction on or installation of permanent structures within the Easement Area. THIS EASEMENT granted this 7 day of May, 2012. GRANTOR: HOME DEPOT U.S.A., INC., a Delaware corporation By: 0„,(2c) Title: Erika Counsel 2 . State of California ) )ss. County of Orange ) On , 2012, before me, iSf,c. `t't �la notary public in and for the State of California, personallyappeared ` ,pp k a— Ad SAia..ido who proved ed to me on the basis of satisfactory evidence to be the person w ose name - e subscribes to the within instrument and acknowledged to me that h she ey executed t' same in hi- er eir authorized c apacity(�gs)-' and that by hiAZheir signa �n the instrument the • - sr the u. peron behalf of instrument. entity p which the person 0 . ted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /......, / .... Af, , / _ g SIGNAT 4 RE OF NOTARY 'UBLIC (SEAL) - LISA M.SMITH *opt Conwn fission ill 1827196 L1mm0 "3t Public•California 3 March 30, 2012 WLB No.181057-V002-1003x ThLBe W:\LEGALS\1810571Parcel B\Water Easement Home Depot.doc N:\181057\ROONEYB\V-002 Taco Bell Water\exhibits\Water Easement.dwgWL roup nc. LEGAL DESCRIPTION FOR A PUBLIC WATER EASEMENT WITHIN ROONEY RANCH PARCEL B A portion of land within Lot 7 of Rooney Ranch Parcel B, Resub. #1, Lots 7 and 8, as recorded Office of the County Recorder, Pima County, Arizona, Sequence No. 20120110001-4 and lying 12 South, Range 14 East, y g within Section 7, Township gGila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at a found PK nail tagged RLS 42137 at the southern corner of said Lot 7 on the Northerly right-of-way of Oracle Road; THENCE N 45°00'12"W, along the Southwesterly line of said Lot 7 a distance of 245.20 feet to a point on the Southeasterly line of a 15 foot Public Water Easement as described in Book 65, Maps and Plats Page 22; THENCE N 45°00'00" E, along said easement line a distance of 40.52 feet to the POINT OF BEGINNING; THENCE S 43°56'45" E, 77.38 feet; THENCE N 47°18'21" E, 57.65 feet; THENCE S 42°41'39" E, 9.31 feet to a point on the Northwesterlyline of the aforementioned d Lot 8; THENCE N 45°24'40" E, along said line a distance of 15.01 feet; THENCE N 42°41'39" W, 8.81 feet; THENCE N 47°18'21" E, 125.07 feet; THENCE S 44°35'20" E, 4.67 feet to a point on the West line of said Lot 8; THENCE N 45°24'40" E, along said line a distance of 3.74 feet to the northerly corner of said Lot 8; THENCE S 44°35'20" E, along the Northeasterly line of said Lot 8 a distance of 88.25 feet to the northeast corner of said Lot 8; THENCE S 45°24'40" E, along the Northeasterly line of said Lot 8 a distance of 77.38 feet; THENCE S 44°35'20" E,2.60 feet to a point on the Northwesterly line of a 10 foot T.E.P. Easement as described in Docket 11157, page 976; Page 1 of 2 March 30, 2012 WLB No.181057-V002-1003x Te W:\LEGALS1181057\Parcel B\Water Easement Home Depot.doc B N:\181057\ROONEYB\V-002 Taco Bell Water\exhibits\Water Easement.dwg roup nc. THENCE N 45°24'40" E, along said easement line a distance of 22.64 feet; THENCE N 44°35'20" W, 110.04 feet; THENCE S 47°1821"W, 197.40 feet; THENCE N 44°05'36" E,62.98 feet to a point on the Southeasterly line of said 15 foot Public Water Easement; THENCE S 45°00'00"W, along said easement line a distance of 15.00 feet to the POINT OF BEGINNING. Containing 5,389.80 square feet or 0.124 acres, more or less. Prepared b : 4071 THE WLB GROUP, INC. AelJ73 BU 11. Jack A. Buchanan 41CNED JAB: jaw 44.0na ‘3.5." EXPIRES 3/31/2014 (INDICATES RENEWAL DATE) Page 2 of 2 I I LOT 3 . BK. 65, PG. 22 –— — -IP a I ., { LOT 7 40.52 I n EX. 15' PUBLIC WATER EASEMENT N 45'09'00" E P:0:B. /PER BK. 65, PG. 22 i iLJL I. ` -- ---PZ f I I I I I IN O N J I E _ __I u-5 -CD N IILoI� PUBLIC WATER EASEMENT `� (WIDTH VARIES) L07' S Z LOT 8 JL _ L BK. 65, PG. 22 EX. 10' T.E.P. EASEMENT f PER DKT. 11157, PG. 976 1 FOUND PK NAIL COMMENCING i RLS 42137 1 ORA CL I j ROAD 1 EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC WATER EASEMENT WITHIN 1 S RESUB. #1, LOT 7 1 ROONEY RANCH PARCEL B PER SEQ. NO. 20120110001-4 1 "=100' ...... SECTION 7, T. 12 S., R. 14 E., G.S.R.M., Th e WLB# project No. 181057—V002-1003X TOWN OF ORO VALLEY, ARIZONA rou Grouper 1 N:\181057\ROONEYB\V-002 Taco Bell Water\exhibits\Water Easement.dwg Plotted: March 28, 2012