HomeMy WebLinkAboutEasements - 5/21/2012, Utility Easement, QuikTrip Corp (Grantor), Lot 4 of Steam Pump Village Retail Center, Res F. ANN RODRIGUEZ, RECORDER 111111111111111111101111111111111111111111111111111111
Recorded By: IRB
DEPUTY RECORDER v1:0I4
w7- C� SEQUENCE: 20121420736
1562 i �� NO. PAGES: 6
SOROV � a- "' y EASMNT 05/21/2012
TOWN OF ORO VALLEY . �� • 18:00
�
11000 N LA CANADA DR 4IZO�t* MAIL
ORO VALLEY AZ 85737 $8.50
AMOUNT PAID:
UTILITY EASEMENT
QuikTrip Corporation , ("Grantor"), does
hereby grant to Oro Valley Water Utility , ("Grantee"), a
perpetual easement and right-of way for ingress 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 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. 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 authority and right to 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.
C:\I)oeUments and Settings\jpottcr\Desktop\Water Utility Easement Revised()32408.doc
THIS EASEMENTgranted this �� dayof , 20 a2 .
GRANTOR
By: w' 7,' a,' OkI4ho,n4 Coqcvo
Title: jClV oF gal Emit
STATE OF ARIZONA )
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COUNTY OF PIMA )
This instrument was acknowledged before me this20
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C:\Documents and Settingsljpotter\Desktop\Water Utility Easement Revised 032408.doc
•
May 10, 2012
W L B N o.110046-A001-1003 x
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W:\LEGALS\1100461Public Water Easement.doc
N:\110007\STORE 1475\Exhibits\Water Easement.dwg
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Inc.
LEGAL DESCRIPTION FOR
A PUBLIC WATER EASEMENT WITHIN
LOT 4 of STEAM PUMP VILLAGE RETAIL CENTER
Portions of land within Lot 4 of STEAM PUMP VILLAGE RETAIL CENTER, recorded in the office of
the Pima County Recorder, in Book 64, Maps and Plats, Page 29, and Sequence Number
20082530001 and lying within Section 7, Township 12 South, Range 14 East, Gila and Salt River
Meridian, Oro Valley, Arizona, described as follows:
COMMENCING at the Northerly corner of said Lot 4, said point being common with Lots 3 and 5 of
said plat;
THENCE S 54°00'00" W, along the northwest line of said Lot a distance of 164.24 feet to a point
hereon referred to as Point"A";
THENCE S 36°00'00" E, 8.21 feet to a point on the southeast line of a 15' wide public water
easement as described in Docket 12994, Page 3327 and Book 64, Page 29, said point being the
POINT OF BEGINNING;
THENCE S 36°00'00" E, 23.46 feet;
THENCE S 54°00'00" W, 26.00 feet;
THENCE N 36°00'00." W, 23.46 feet to a point on the southeast line of said easement;
THENCE N 54°00'00" E, along said easement line a distance of 26.00 feet to the POINT OF
BEGINNING;
Together With:
A portion of land as described as follows;
COMMENCING at said Point"A";
THENCE S 54°00'00" W, along the northwest line of said Lot a distance of 70.06;
THENCE S 36°00'00" E, 8.21 feet to a point on the southeast line of a 15' wide public water
easement as described in Docket 12994, Page 3327 and Book 64, Page 29, said point being the
POINT OF BEGINNING;
THENCE S 36°00'00" E, 16.88 feet;
Page 1 of 3
May 10, 2012
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KVLB
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Inc.
THENCE S 54°00'00" W, 15.00 feet;
THENCE N 36°00'00" W, 16.88 feet to a point on the southeast line of said easement;
THENCE N 54°00'00" E, along said easement line a distance of 15.00 feet to the POINT OF
BEGINNING;
Together With:
A portion of land as described as follows;
COMMENCING at the Northerly corner of said Lot 4, said point being common with Lots 3 and 5 of
said plat;
THENCE S 32°2521" E, along the northeast line of said Lot a distance of 5.01 feet;
THENCE S 35°2T46" E, along said line a distance of 64.00 feet;
THENCE S 36°30'36" E, along said line a distance of 67.40 feet;
THENCE S 36000'00" E, along said line a distance of 16.85 feet;
THENCE S 26°29'54" E, along said line a distance of 57.88 feet;
THENCE S 54°28'21" W, 7.38 feet to a point on the southwest line of a 15' widep ublic water
easement as described in Docket 12994, Page 3327 and Book 64, Page 29, said point being the
POINT OF BEGINNING;
THENCE S 54°28'21" W, 48.25 feet;
THENCE S 35°31'39" E, 15.00 feet;
THENCE S 54°28'21" W, 8.53 feet to a point on the southwest line of said easement;
THENCE S 36°00'00" E, along said easement line a distance of 3.73 feet;
THENCE N 54°00'00" E, along said easement line a distance of 39.60 feet;
THENCE S 36°00'00" E, along said easement line a distance of 11.60 feet to the POINT OF
BEGINNING;
Page 2 of 3
A
May 10, 2012
WLB No.110046-A001-1003x
The
W:\LEGALS1110046\Public Water Easement.doc
N:1110007\STORE 14751Exhibits\Water Easement.dwg
WLB
Group
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Containing 1,444.60 square feet or 0.033 acres, more or less. 110
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Prepared b �/� � `�-,
y t�.; 12214
THE WLB GROUP, INC. JACK A.
BUCHANAN ,1
Jack A. Buchanan q►,z, 0JAB: jaw \s......s��kED
'4r/;oho u,S.P„
EXPIRES 3/31/2014
(INDICATES RENEWAL DATE)
Page 3 of 3
• ,
, - 1
i LOT 3
"-- 1 EXISTING 15' PUBLIC WATER EASEMENT
S36'00'00 E. I .-.56"C.)0100"L. ' PER DKT. 12994, PG. :1. 327, P.L.F. . 84.
8.21 I 8.21 A " BK. 64, PG. 29, P.C.R. TO REMAIN
..4-- S54°00100"W -- , A- - S54.0-000'1W
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70.06' y 164.24'
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• NEW 26' PUBLIC
ir--..---..----1.— WATER EASEMENT
72i
EXISTING 15'
PUBLIC WATER EASEMENT
PER DKT. 12994, PG.
3327, P.C.R. & BK. 64, EXISTING 15' PUBLIC WATER EASEMENT
PG. 29, P.C.R. TO BE -1'------H----PER DKT. 12994-, PG. 3327, P.C.R78c
ABANDONED BY BK. 64, PG. 29, P.C.R. TO BE
SEPARATE INSTRUMENT ABANDONED BY SEPARATE INSTRUMENT . d ---
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- -
EXISTING 15' PUBLIC WATER EASEMENT L ,
PER DKT. 12994, PG. 3327, P.C.R. 86 —
BK. 64, PG. 29, P.C.R. TO REMAIN
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EXHIBIT A
TO ACCOMPANY DESCRIPTION OF
PUBLIC WATER EASEMENT
unil.\*
LOT 4 OF STEAM PUMP VILLAGE RETAIL CENTER
PER BOOK 64, PAGE 29 P. C.R.
AND SEQUENCE NO. 20082530001
SECTION 7, T. 12 S., R. 14 E., G.,.5.R.M.,
ORO VALLEY„ARIZONA
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,N:\110007\STORE 1475\Exhibits\Water Easement.dwg Plotted: May 10, 2012
F. ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded By: MRB _
DEPUTY RECORDER of P�I1l.�
1562 ,w�^�np SEQUENCE: 20121840696
°� '' "� � G NO. PAGES: 10
SOROV cal �o .v y RES 07/02/2012
TOWN OF ORO VALLEY N� �"p
11000 N LA CANADA DR `9RIZOt11' 18:00
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID: $10.50
RESOLUTION NO. (R)12-36
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO
VALLEY, ARIZONA AUTHORIZING AND APPROVING THE RELEASE OF
THAT PORTION OF A UTILITY EASEMENT AS RECORDED IN THE OFFICE
OF THE PIMA COUNTY, ARIZONA RECORDER, IN DOCKET 12994 AT PAGE
3327 LYING WITHIN LOT 4 OF STEAM PUMP VILLAGE RETAIL CENTER
PHASE ONE TO QUIKTRIP CORPORATION
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, pursuant to A.R.S. 9-511, et seq., the Town has the requisite statutory authority to acquire,
own and maintain a water utility for the benefit of the landowners within and without the Town's
corporate boundaries; and
WHEREAS, pursuant to A.R.S. § 9-402(E), the Town has the authority to release an easement that the
Town no longer needs to the appropriate owner without receiving payment; and
WHEREAS, the Town does not now, or in the foreseeable future, have any need to keep the Town's
interest in the Utility Easement, attached hereto as Exhibit"A" and depicted on Exhibit"B".
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley,
Arizona,that:
1. The release of the Utility Easement, attached hereto as Exhibit "A" and depicted on
Exhibit "B" from the Town of Oro Valley to QuikTrip Corporation is hereby authorized and
approved.
2. The Mayor and other administrative officials of the Town of Oro Valley are hereby authorized
to take such steps as necessary to implement the release.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this
20th day of June, 2012.
TOWN OF ORO VALLEY
-%,/f Dr. Satish I. Hire ath,Mayor
ATTEST: APPROVED AS TO FORM:
/77'
ul. K. Bower, Town Clerk Tobin Rosen, Town 1 ey
Date: t,c72 1/4 2----
Date: 6 114(vu-
\\LEXICON\PacketPrinter\AGENDA\IC Utem06_
Attl_Reso12-36.doc Town of Oro Valley Attorney'sOfficeea/052312
\\LEXICON\PacketPrinter\AGENDA\TC\Item06_H_Attl_Reso 12-36.doc Town of Oro Valley Attorney's Office'ca!052312
\\LEXICON\PacketPrinter\AGENDA\TC\Item06_H_Attl_Reso 12-36.doc Town of Oro Valley Attorney's Office/ca/052313
When Recorded Mail To:
Joseph N. Andrews, Chief Civil Deputy Town Attorney
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, Arizona 85737
Release of Easement
The Town of Oro Valley, an Arizona corporation, does hereby release unto
QuikTrip Corporation, an Oklahoma Corporation, all right, title and interest in
and to that portion of the Utility Easement as recorded in Docket 12994 at Page
3327 and Book 64 Page 29 lying within Lot 4 of STEAM PUMP VILLAGE
RETAIL CENTER in the Pima County, Arizona Recorder's office and more
particularly described in Exhibit "A" and depicted on Exhibit"B" attached hereto.
Dated this Ada of ..Tv 2012
TOWN OF ORO VALLEY
Dr. Satish I. Hiremat , Mayor
ATTEST: APPROVED AS TO FORM:
i y-
R
Julie K. Bower, Town Cl-rk Tobin Rosen, Town Attorney
Date: 672 7//4 Date: 6 11-1-
C.\Documcnts and Scttings\mstandish\Local Scttings\Tcmporarp Internet Filcs\OLK32F\Eascmcnt release QuikTrip.doc
C:\Documents and Settings\mstandish\Local Settings\Temporary Internet Files\OLK32F\Easement release QuikTrip.doc
C:\Documents and Settings\mstandish\Local Settings\Temporary Internet Files\OLK32F\Eascment release QuikTrip.doc
May 9, 2012
WLB No.110046-A001-1003x
W:\LEGALS\110046\Public Water Easement Release 12994.doc
T e --
N:\110007\STORE 1475\Exhibits\Water Release Easement_1.dwg
KVLB
roup
Inc.
LEGAL DESCRIPTION FOR
THE RELEASE OF A PORTION OF
A PUBLIC WATER EASEMENT WITHIN
LOT 4 of STEAM PUMP VILLAGE RETAIL CENTER
That portion of the "Public Water Easement" recorded in Docket 12994 at Page 3327 & Book 64,
Page 29 lying within Lot 4 of STEAM PUMP VILLAGE RETAIL CENTER, recorded in the office of
the Pima County Recorder, in Book 64, Maps and Plats, Page 29, and Sequence Number
20082530001 and lying within Section 7, Township 12 South, Range 14 East, Gila and Salt River
Meridian, Oro Valley, Arizona, described as follows:
COMMENCING at the Westerly corner of said Lot 4, said point being common with Lots 2 and 3 of
said plat;
THENCE N 54°00'00" E, along the northwest line of said Lot a distance of 24.17 feet to a point
herein referred to as Point"A";
THENCE S 36°00'00" E, 8.21 feet to a point on the southeast line of said easement,said point being
the POINT OF BEGINNING;
THENCE S 36°00'00" E, 30.25 feet;
THENCE N 54°00'00" E, 15.00 feet;
THENCE N 36°00'00" W, 30.25 feet to a point on the southeast line of said easement;
THENCE S 54°00'00" W, along said easement line a distance of 15.00 feet to the POINT OF
BEGINNING;
Together With:
A portion of land as described as follows;
COMMENCING at said Point"A";
THENCE N 54°00'00" E, along the northwest line of said Lot a distance of 76.53 feet;
THENCE S 36°00'00" E, 8.21 feet to a point on the southeast line of said easement, said point being
the POINT OF BEGINNING;
THENCE S 36°00'00" E, 106.60 feet;
Page 1 of 2
May 9, 2012
WLB No.110046-A001-1003x
T e W:\LEGALS\110046\Public Water Easement Release_12994.doc
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roup N:\110007\STORE 1475\Exhibits\Water Release Easement_1.dwg
Inc.
THENCE N 54°00'00" E, 29.75 feet;
THENCE N 36°00'00" W, 15.00 feet;
THENCE S 54°00'00" W, 14.75 feet;
THENCE N 36°00'00" W, 91.60 feet to a point on the southeast line of said easement;
THENCE S 54°00'00" W, along said easement line a distance of 15.00 feet to the POINT OF
BEGINNING;
Containing 2,274 square feet or 0.052 acres, more or less.
?SPrepared by: ��THE WLB GROUP, INC. Ntiw.
ter 12214 a 1 JACK A.
BUCHANAN
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1 •
Jack A. Buchanan �s�NEO
JAB: jaw ''Pilon. v.s.P"
EXPIRES 3/31/2014
(INDICATES RENEWAL DATE)
Page 2 of 2
,I S36°00'00"E LOT :j
N54 00 I0 E 8 21'
24.17' N54°00'00"E S36°00'00"E
COM. 76.53' 8.21
F.O.B . P.0.13. NIT
EXISTING 15' PUBLIC WATER EASEMENfr
PER DKT. 12994, PG. 3327, P.C.R. & I
BK. 64, PG. 29, P.C.R. TO REMAIN
EXISTING 15
PUBLIC WATER EASEMENT
PER DKT. 12994, PG. 14-)
• 3327, P.C.R. & BK. 64,
PG. 29, P.C.R. TO BE E-i
RELEASED EXISTING 15' PUBLIC WATER EASEMENT
PER DKT. 12994, PG. 3327, P.C.R. &
BK. 64, PG. 29, P.C.R. TO BE RELEASED
I L._MEM OM.
- - -
EXISTING 15' PUBLIC WATER EASEMENT
PER DKT. 12994, PG. 3327, P.C.R. & -BK. 64, PG. 29, P.C.R. TO REMAIN
E-,
LOT 4 I
- - - J
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I 1I
2
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I
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EXHIBIT A
TO ACCOMPANY DESCRIPTION OF
THE RELEASE OF A PORTION OF
P UBLI C WATER K-I SEMEN T
WITHIN
L 0 T 4 OF S TEA M P UMP VILLA GE RE TA IL CENTER
PER BOOK 64, PAGE 29 P. C.R.
AND SEQ UENCE NO. 2
SECTION 7, T. 12 S., R. 14 E., G.S.R.M., ,
ORO VALLEY ARIZONA 1 =50
The
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WLB# project No. 110046—A001 -1003X
N:\110007\STORE 1475\Exhibits\Water Release Easement_1 .dwg Plotted: May 9, 2012