The URL can be used to link to this page

Home My WebLink AboutEasements - 11/21/2011, Resolution 11-73, Granting of Utility Easement to TOV from the Spiriual Assembly of the n _ I I . tit, _ ANN CORDER: ceDBYRTz1II VIII of vI ki DEPUTY RECORDER 00 SEQUENCE: 20113250055 4888 ., ' . NO. PAGES: 9 SOROV �, -' '��' RES 11/21/2011 TOWN OF ORO VALLEY WATER UTILITY `91 -2614 10:3 4 11000 N LA CANADA DR MAIL ORO VALLEY AZ 85737 AMOUNT PAID: $10.00 DFC TOV RESOLUTION NO. (R) 11-73 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE GRANTING OF A UTILITY EASEMENT TO THE TOWN OF ORO VALLEY FROM THE SPIRITUAL ASSEMBLY OF THE BAHA'IS OF ORO VALLEY FOR THE PURPOSE OF CONSTRUCTING WATER UTILITY FACILITIES 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, Spiritual Assembly of the Baha'is of Oro Valley ("Assembly") is the owner of certain real property (the "Property") located at 2500 W. Naranja, Oro Valley, Arizona 85737; and WHEREAS, the Town needs a utility easement through the Property to construct underground water utility facilities and access for repair and maintenance of the facilities; and WHEREAS, the Assembly desires to grant the Town a utility easement for the purposes of constructing underground water utility facilities through the Property and access for repair and maintenance of the facilities; and WHEREAS, it is in the best interest of the Town to approve the water utility easement, attached hereto as Exhibit "A" and incorporated herein by this reference, to allow the Town to construct water utility facilities. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley that the water utility easement, attached hereto as Exhibit "A" and incorporated herein by this reference, to the Town of Oro Valley from the Spiritual Assembly of the Baha'is of Oro Valley for the purpose of constructing water utility �n� � ♦ �c. n ��rn� nnnov♦o� nt,(1 n++s�rnin� PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 16th day of November, 2011. TOWN OF ORO VALLEY , -.ate Dr. Satish I. Hiremath, Mayor ATTEST: APPROVED AS TO FORM: / /1/`- ‘- J. - K. Bower, Town Clerk Tobin Rosen, Town Attorney Date: Z Date: k i C , t \\Lexicon\agcndaquick\PackctPriiiter\AGENDA\TC\Itcm06_F_Att1_Rcso 11-73.doc Town of Oro Valley Attorney's Office/ca/101211 • UTILITY EASEMENT Spiritual Assembly of the Baha'is of Oro Valley, Arizona, ("Grantor"), does hereby grant to the Town of Oro Valley, ("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. F:\Water Utility\Misc\Baha'is Utility Easement\Utility Easement.doc 6. Grantee guarantees the following: a. Grantee will replace and/or repair any damage to existing improvements such as driveways, mailboxes and landscape as close as possible to their condition prior to the installation of the proposed water main. b. Grantee will provide for ingress and ingress to the Grantor's property all times during the installation of the proposed water main. c. Grantee will return the existing graded road as close as possible to its condition prior to the installation of the proposed water main. 7. Grantee shall install appropriate connections (stubs) to its water service upon request by Grantor. THIS EASEMENT granted this 1b day of NI',�J 'C 20 I 1 . GRANTOR Bkilly: Pti12 Title: -u I' STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) This instrument was acknowledged before me this 0 day of1\10\4 )/ 20 by � V Notary Public My Commission Expires: _ _ �!*,,,�, � • T.L. Gransie _ � , Notmy Public-Arizona , Pima Co ��D mCounty� 11 i 12 M Commission Ex res F:\Water Utility\Misc\Baha'is Utility Easement\Utility Easement.doc GRANTEE TOWN OF ORO VALLEY fa--"1241 Dr. Satish I. Hiremath, Mayor ATTEST: APPROVED AS TO FORM: J 'le K. Bower, Town Clerk Tobin Rosen, Town Attom Date: 7/// Date: �t((LI C:\Documents and Settings\rjacklitch\Local Settings\Temporary Internet Files\OLK96\Utility Easement.doc C:\Documents and Settiings\rjacklitch\Local Scttings\Temporsuy Internet Files\OLK96\Utility Easement.doc ACCESS AND UTILITY EASEMENT A 30-foot-wide easement for access and utilities in Section 4, Township 12 South, Range 13 East, Gila and Salt River Meridian, described as follows: The West 30 feet of that parcel described in Docket 12905, Page 6360, recorded in the Office of the County Recorder of Pima County, Arizona. 41171Z76\\\\ \**411k 4 c IcarF� ,p� 31x29 170 \ , STEVEN S. I 4 S �`�signed 8OWEN/18/11,-� q�„ Q. EXP. 03/31/12 • • EXHIBIT 66B,, C:\Documents and Settings\rjacklitch\Local Settings\Temporary Internet Files\OLK96\Utility Easement.doc _ _ _ _ _ _ _ ____.] I [ CKEr121 ISII PAGE 4249 I I (NO SCALE) L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _J ASSESSOR'S PARCEL NO. 224-11-055E (AUGUST 2011) //1 30-FOOT-WIDE ACCESS 0/1 AND UTILITY EASEMENT [ CKEr1215 PAGE 6360 /J NARANJA DRIVE 4,, AND 3\ Th \ (IP � TEVEN S.`� OWENS -1,p/ S%9ned�l P <oNq U•S• EXP. 03/31/12 EXHIBIT SKETCH FOR 30-FOOT ACCESS AND UTILITY EASEMENT Cardinal425 S. Plumer, #102 SECTION 4, T.12 S., R.13 E., G.& S.R.M. Tucson, Arizona 85719 Tel. 520 798-3603 PIMA COUNTY, ARIZONA c�11d Surveyin FAx 520 798-3832