HomeMy WebLinkAboutEasements - 9/13/2011, Resolution 11-56, Drainage Easement Acquisition Agreement between TOV and Danny & Donna H F. ANN RODRIGUEZ, RECORDER 111111111111111111111111111111111111111111111111111
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Recorded By: CML of PIM
' DEPUTY RECORDER
y SEQUENCE: 20112560125
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SOROV x1�,\�����;'�� RES 09/13/2011
TOWN OF ORO VALLEY
11000 N LA CANADA 1102p-it* 13:43
MAIL
ORO VALLEY AZ 85737 AMOUNT PAID: $16.50
RESOLUTION NO. (R)11-56
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING A DRAINAGE EASEMENT ACQUISITION
AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND
DANNY J. AND DONNA LYNN HUGHES FOR A PORTION OF
PARCEL 224-27-299B FOR THE LAMBERT LANE PROJECT
BETWEEN LA CANADA DRIVE AND PUSCH VIEW LANE
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. § 9-276, the Town is authorized to lay out, maintain,
control and manage public roads within its jurisdictional boundaries; and
WHEREAS, Danny J. and Donna Lynn Hughes ("Owner") own real property located at
10408 N. Pecan Place, Oro Valley, Arizona 85737, Parcel Number 224-27-299B; and
WHEREAS, the Town requires an additional drainage easement outside the right-of-way
on the Owner's property for the Lambert Lane Project, OV 30 99/00 07, between La
Canada Drive and Pusch View Lane; and
WHEREAS, the Town and Owner desire to enter into an Easement Acquisition
Agreement in order to set forth the terms and conditions of the Agreement; and
WHEREAS, it is in the best interest of the Town to approve the Easement Acquisition
Agreement between the Town and the Owner to allow the Town legal access for the
Lambert Lane Project.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley that Easement Acquisition Agreement between the Town of Oro Valley and
Danny J. and Donna Lynn Hughes, attached hereto as Exhibit "A"
and incorporated herein by this reference, is hereby authorized and approved.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 7th day of September, 2011.
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST: APPROVED AS TO FORM:
4119 4r,
- A,
Julie K. Bower, Town Clerk Tobin Rosen, Town Attorney
Date: 11l Date: qt-qh
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EXHIBIT " '
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TOWN OF ORO VALLEY
EASEMENT ACQUISITION AGREEMENT
This Easement Acquisition Agreement (-Agreement-) is made by and between
Danny J. and Donna i,vnn Hughes (the -Owner"). and
the Town of Oro Valley. a political subdivision of the State of Arizona (the "Town").
1. Property. The Owner is the owner of a parcel of property within Oro Valley located at
Parcel #224-27-299B (the Owner's
-Property-) as described in Exhibit -A**, including all improvements located thereon.
2. Easement Title. The Town has determined the need to acquire easements on, over, under
and through the Owner's Property. In lieu of court proceedings and further to its power
of eminent domain. the Town agrees to acquire a Drainage Easement to the Property for
Fourteen Thousand Nine Dollars (S14.900.00). The Drainage Easement transferring said
easement from Owner to the Town shall be in substantial conformance with the Drainage
Easement form attached hereto as Exhibit "B-.
3. Drainage Easement. The Owner shall convey to the Town the Property, free and clear of
all liens and encumbrances and subject only to those matters identified in the Title
Report. attached hereto as Exhibit
4. Forms. Any and all other closing documents shall be done on forms to be provided by
the Town's title company of choice.
5. Title Search. In the event the title to the Property cannot be cleared to the satisfaction of
the Town pursuant to a title search, this agreement shall he void.
6. Security Interest. Monies payable under this Agreement may be due to holders (the
"Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and
including the total amount of unpaid principal, interest and penalty on the notes, if any,
and shall. upon demand by the Lienholders, be paid to the Lienholders. Owner shall
obtain from the Lienholders releases for any fee transfer for the Property.
7. Waiver. The Owner accepts Fourteen Thousand Nine Hundred Dollars (S14.900.00) as
full and final payment for all damages resulting from the project. The Owner hereby
agrees to release any and all civil and criminal claims that may exist now or in the future
against the TONNII. its officersagents or employees, their heirs or assigns arising out of
the Town's ownership of the Drainage
Easement This waiver is for valuable consideration, given freek and covers any and all
claims not onl), for Owner. hut also for Owners heirs and assigns.
S. Closing. Closing shall be on or before the 30th day after the date of execution of
this Agreement.
9: Environmental Representations. Owner hereby represents and warrants that, to the
best of Owner's knowledge, no pollutants, contaminants, toxic or hazardous substances,
wastes or materials have been stored, used or are located on the Property- or within any
surface or subsurface waters thereof; that no underground tanks have been located on the
Property: that the Property is in compliance with all Federal. State and local
environmental laws. regulations and ordinances; and that no legal action of any kind has
been commenced or threatened with respect to the Property.
I C). Environmental Indemnification. The Town and the Owner agree that neither part) is
assuming any obligation of the other party relating to any potential liability, if an-).
arising from the environmental condition of the Property, and each party shall remain
responsible for its obligations as set forth by law.
11. Environmental Inspection Rights. Owner shall permit Town to conduct such
inspections of the Property as the Town deems necessary to determine the environmental
condition of the Property. If the investigations reveal the presence of contamination or
the need to conduct environmental clean up, Owner shall conduct the clean up of the
Property adequate to bring the Property into compliance prior to closing or the Town may
terminate this Agreement. If environmental inspection reveals possible contamination,
the parties hereby mutually agree to extend date of closing for a reasonable time for
Owner to complete environmental clean up.
12. No Leases. Owner warrants that there are no oral or written leases on any portion of the
Property.
13. Closing Costs. Expenses incidental to transfer the Drainage Easement,
including title reports, recording fees, escrow fees. releases and Owners Title insurance
Policy, shall be paid 100%by Town.
14. Right of Entry. The Owner hereby grants to Town, its agents and contractors a right-of-
entry to the Property upon execution of this Agreement for the purposes of
Construction of drainage improvements located therein.
15. No Sale. Owner shall not sell or encumber the Property before closing.
16. Conflict of Interest. This Agreement is subject to A.R.S. 38-511 which provides for
cancellation of contracts by The Town of Oro Valley for certain conflicts of interest.
17. Survival of Representation and Warranties. All representations and warranties
contained herein shall sun,ive the closing.
18. Entire Agreement. This signed document shall constitute the entire Agreement between
the parties and no modification or amendment to this Agreement shall he binding unless
in writing and signed h both parties. The performance of this Agreement constitutes the
entire consideration by Town. including all just compensation and severance damages to
the remainder property and shall relieve the Town of all further obligation or claims
relating to Property.
OWN ; /7 OWNER
Laiiriedir ANEW
CX"
ova% JEFFREY KNISLEY
STATE OF ARIZONA )
-,!-:14 Notary Public -Arizona
) ss 144:4- Pirrla County
COUNTY OF PIMA ) • • My Comm. Expires Nov 3, 2014
On thise.)eday of Fe 1:).r 4,,tary 0 n . before me the subscriber personall>
appearedOnrma 44.1,4,5)1,4,3 cirv..4 I.Apiji 41k „0,5 , to me
known and kno'wn by me to be the person(s) who excelled the within Agreement and
he/she/they duly acknowledged to me that he/see/they executed the same.
/,
..406.006 40,
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My Commission Expires: 4/
TOWN OF ORO VALLEY
4
Airi,4x4 • 14,e-4--14-1Z
Dr. Satish 1. Hiremath, Mayor
3
ATTEST: APPROVED AS TO FORM:
•2'
•
.
Julie K. Bower, Town Clerk Tobin Rosen. Town Attorney
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Date: Date:
F 7- " 4
EXHIBIT "A"
Legal Description
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l'amii> Trust
PEN Number 224-27-299B7
Purpose: fkainacfse F..asement
Leat Description: Fliat portion of Lot 187. of Monte Del Om. a subdivision in Pinal County.
.Arizona_ acvrding to the map or plat thereof of record in the office of the County Recorder of
Pima County. Arizona.,in book 27 of Maps and Mats.page 99. being more particularly described
folItrAs:
Commencine:.,at the Northwest corner of said Lot- 187:
'Thence North 84 degrees 33 minutes 18 seconds East (measured)(North 85 degrees 04 minutes
)'? seconds East, record'? along the North line of said Lot - 187 a distance of 201_60 feet
measured (201.(6 feet.record)to a point:
hence South 05 degrees 51 minutes 43 seconds East (measured) (South 05 degrees 20 minutes
54 seconds East record) a distance of 346.71 feet (measured) 047.10 feet. record) to a found
rehar with cap RLS number 15343. said point, being on the South line of said Lot - /87 also
being on the Northerly right of way line of Lambert Lane as it EICA exists as the point of
hnnin
I Nance Westerk 4.1long a curves line concave to the North.said line being the South line of Lot
also the Northerly right of way line of Lambert I..ane having a central angle of 05 degrees 25
n-nnutcs 45 seconds (measured) (05 degrees 25 minutes 54 seconds. record) with a radius of
lee( measured) (1.834.86 feet record) an arc length of 173.91 feet (measured) (173.94
feet. record)to a point of compound curvature:
Thence Northerly along a curved line concave to the Northeast having a central angle of 91
&gees. 44 minutes 1$ seconds (measure) (91 degrees 45 minutes 08 seconds record) with a
radius of 25.00 feet(record and measured)an arc length of 40.03 feet(record and measured)to a
point of tangene laying on the West line of said Lot- 187 and the Easterlyright of way line of
Pecan Place:
Thence North 05 degrees 51 minutes 43 seconds West ntcasuredt(North 05 degrees 20 minutes
54 seconds West. record Along Along the West line of said Lot - 187 a distance of 44.79 feet
irneasured)to a point:
1-hence North 84 degrees 07 minutes 24 seconds East kmeasured) a distance of 18.00 feet
(measured')to a point:
rw.nct- South Of, degrees 23 minutes 5{.) seconds 1.7.ast emurd ichsianct,' of 3S.01)
IL a 1) fl ii ihe interseciion of a cur,ed line:
1-heric,.! I astcri) aionsaid curcd inc ficin concave ti ale ?.':orth frdving a central :melt'of 05
dcerces 46 minutes 5 seconds (measured) 'with a radius of 1.$03 40 feet (measured) an :src
lensth of 82.01 feet(measured)to a point:
• Ft-lc-tics: South 05 dei,:_,Tees 51 minutes 43 seconds East omeasured) 05 degrees 20 minutc',,,, 54
sceunds ka.sL in:cord)a distance of 32.26 feet (measured)to the point ul beginning.
Containing-. 6.930 sq ft. 0.16 acres
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Lambert Lane October 2010
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CURVE DATA: S
411110
R= 1835.40'
A= 173.91'
0= 05°25'45'
224-27-2998
T-7-- 87.02' 4.1 ***Nr.
Hughes Family TI? Ilu2n4sb-2er7g-e2r99TAR
(..)
\ 100' Esmt /
G) Q.... \,.
---.....,„,.... /
--) ,
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/ N05051'43"W
R 25.00'
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A= 40.03' (3/4) N84°07'240F3226
,
i \ lai....J // ,-----18.00'
Dz 91044'18" /
;. T= 25.77' SOS*23'59"E
/71138:750-1 4100/ ' -
- Exst R1W
----:'------------':"---73----0'N't'-' .-- '-~-,,,_ 30' BuIldltv
.,------- --- -geibciak Line
i- ...----7- -.....,/ ....,...........__„._
4
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".\ ...... .:—,...7----------- -- --
A= 182.01' ,....• ..,:-.-.7 D= 05°46'57"
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_
,
,, ,
....-- ___........."" ;
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ii T= 91.08' _...—
_ , , . ...A. •...00 .w.--- •QB
,,li 4 1..8 - ' '!' LAME3ERT LANE
/ ... . ..
—
c,1 1 fik. New Drainage Esmt
(il).' 6936- Sq Ft -.
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1: . ....-_,..
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, ..,... .._. ....„.._........,_,..........______
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NEW DRAINAGE EASEMENT FIGURE
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ORO VALLEY,AZ S13
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K. Tiotteson&Associates li•Lig,_
ch ._. renspodation Engineering/Planning
EXHIBIT "C"
Title Report
7
_
First American Title
1. a-Special Report
No5320201
SPECIAL REPREPORT
SCHEDULE A
1. This report is for informational purposes only and is not to be considered as a commitment to
issue any form of Title Insurance Policy. This report is for the sole use and benefit of the parties
set forth in Number 2 below and liability is hereby limited to the amount of the fee paid.
This report was prepared from only those items of public record shown in the title plant indices of
the issuing company to show the condition of title as reflected by same. Those items to which
the hereinafter described land is subject are set forth in Schedule B, Part Two. No attempt has
been made to reflect the condition of title relating to the items set forth in Schedule B, Part One.
2. For the use and benefit of:
Town of Oro Valley
�. The Title to the fee estate in the land described herein is at this date hereof vested in:
Frank Greth and Shery Ann Greth, husband and wife as joint tenants with right of survivorship,
as to Lot 177 of Parcel No. 1; De|ny E. Wolfley and Maria O. Wolfley as Co-Trustees of The
Wolfley Family Living Trust dated September 25, 1987,as to Lot 178 of Parcel No. 1; Danny].
Hughes and Donna Lynn Hughes, as Trustees of the"Hughes Family Trust dated February 08,
2007 as to Parcel No. 2 and James A. Hunsberger and Penelope Hunsberger, as Co-Trustees
under the Hunsberger Trust dated December 19, 2001, as to Parcel No. 3
4. The land referred to in this report is situated in Pima County, Arizona, and is described as:
SEE EXHIBIT"A"ATTACHED HEREIN
Search made to July 15, 2010 at 7:30 A.M.
FIRST AMERICLINTITLE INSURANCE COMPANY
By: Kim Fulchmrieljrn (602)685-7281
-.
First American Title
First American Title
No. 5320201
EXHIBIT"A"
PARCEL NO. 1:
LOTS 177 AND 178, OF MONTE DEL ORO, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 27 OF MAPS, PAGE 99 AND
MINOR PLAT CHANGE RECORDED AS DOCKET 12950, PAGE 550 AND RECORDED AS DOCKET 13794,
PAGE 638.
EXCEPT ALL COAL AND OTHER MINERALS,AS RESERVED IN PATENT FROM UNITED STATES OF
AMERICA.
PARCEL NO. 2:
THAT CERTAIN PORTION OF LOT 187,OF MONTE DEL ORO,A SUBDIVISION OF PIMA COUNTY,
ARIZONA,ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER OF PIMA COUNTY,ARIZONA, IN BOOK 27 OF MAPS AND PLATS AT PAGE 99 AND MINOR
PLAT CHANGE RECORDED AS DOCKET 12950, PAGE 550 AND RECORDED AS DOCKET 13794, PAGE 638
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 187, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE ALONG THE NORTH LINE OF SAID LOT 187 AT NORTH 85 DEGREES 04 MINUTES 07 SECONDS
EAST,A DISTANCE OF 201.66 FEET, TO A POINT;
THENCE SOUTH 05 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 347.10 FEET,TO A
POINT OF NON TANGENT CURVATURE, WITH THE RADIUS AT NORTH 12 DEGREES 31 MINUTES 17
SECONDS WEST, ON THE SOUTH LINE OF SAID LOT 187 AND ALSO LYING ON THE NORTHERLY RIGHT
OF WAY OF LAMBERT LANE AS IT NOW EXISTS;
THENCE ALONG A CURVE CONCAVE TO THE NORTH ALONG THE NORTH RIGHT OF WAY OF LAMBERT
LANE, WITH A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 54 SECONDS A RADIUS OF 1,834.86
FEET, AN ARC DISTANCE OF 173.94 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST WITH A CENTRAL ANGLE OF 91 DEGREES 45
MINUTES 08 SECONDS A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 40.03 FEET,TO A POINT OF
TANGENCY LAYING ON THE WEST LINE OF SAID LOT 187 AND THE EASTERLY RIGHT OF WAY LINE OF
PECAN PLACE;
THENCE ALONG THE WEST LINE OF SAID LOT 187 AT NORTH 05 DEGREES 20 MINUTES 54 SECONDS
WEST, A DISTANCE OF 274.16 FEET,TO A POINT OF CURVATURE;
THENCE ALONG A CURVE CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 04 DEGREES 37
MINUTES 40 SECONDS EAST,A RADIUS OF 780.00 FEET,AN ARC DISTANCE OF 63.00 FEET TO THE
POINT OF BEGINNING.
EXCEPT ALL COAL AND OTHER MINERALS,AS RESERVED IN PATENT FROM UNITED STATES OF
AMERICA.
PARCEL NO. 3:
187, OF MONTE DEL ORO, f CCOS- - = - -_ - - _ a..s _.
First A' a.! f A PIMA COUNTY,ARIZONA, RECORDED IN BOOK 27 OF MAPS, PAGE 99 AND MINOR PLAT
First American Title
No, 5320201
CHANGE RECORDED AS DOCKET 12950, PAGE 550 AND RECORDED AS DOCKET 13794, PAGE 638.
EXCEPT ALL COAL AND OTHER MINERALS, AS RESERVED IN PATENT FROM UNITED STATES OF
AMERICA.
EXCEPT A PORTION OF THE LAND DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 187, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE ALONG THE NORTH LINE OF SAID LOT 187 AT NORTH 85 DEGREES 04 MINUTES 07 SECONDS
EAST,A DISTANCE OF 201.66 FEET,TO A POINT;
THENCE SOUTH 05 DEGREES 20 MINUTES 54 SECONDS EAST, A DISTANCE OF 347.10 FEET,TO A
POINT OF NON TANGENT CURVATURE, WITH THE RADIUS AT NORTH 12 DEGREES 31 MINUTES 17
SECONDS WEST,ON THE SOUTH LINE OF SAID LOT 187 AND ALSO LYING ON THE NORTHERLY RIGHT
OF WAY OF LAM BER LANE AS IT NOW EXISTS;
THENCE ALONG A CURVE CONCAVE TO THE NORTH ALONG THE NORTH RIGHT OF WAY OF LAMBERT
LANE, WITH A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 54 SECONDS A RADIUS OF 1,834.86
FEET, AN ARC DISTANCE OF 173.94 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST WITH A CENTRAL ANGLE OF 91 DEGREES 45
MINUTES 08 SECONDS A RADIUS OF 25.00 FEET,AN ARC DISTANCE OF 40.03 FEET,TO A POINT OF
TANGENCY LAYING ON THE WEST LINE OF SAID LOT 187 AND EASTERLY RIGHT OF WAY LINE OF
PECAN PLACE;
THENCE ALONG THE WEST UNE OF SAID LOT 187 AT NORTH 05 DEGREES 20 MINUTES 54 SECONDS
WEST, A DISTANCE OF 274.16 FEET,TO A POINT OF CURVATURE;
THENCE ALONG THE CURVE CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 04 DEGREES 37
MINUTES 40 SECONDS EAST,A RADIUS OF 780.00 FEET, AN ARC DISTANCE OF 63.00 FEET TO THE
TRUE POINT OF BEGINNING.
First American Title
First American Title
Nu 532020}
SCHEDULE B
PART ONE:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public
records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof (c) water rights, claims or title to water; whether or not the aforementioned
matters excepted are shown by the public records.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
7. Lack of a right of access to and from the land.
First American Title
• ___. -
0 First American Title
_____.-
�m. 53/U201
SCHEDULE B
(All recording data refers to records in the office of the County Recorder in the County in which the land
is situated.)
EXCEPTIONS:
1. Taxes for the full year of 2010.
(The first half is due October 1, 2010 and is delinquent November 1, 2010. The second half is
due March 1, 2011 and is delinquent May 1, 2011.)
2. Any charge upon said land by reason of its inclusion in Monte Del Oro Homeowners Association.
3. The right to enter upon said land and prospect for and remove all coal, oil, gas, minerals or other
substances, as reserved in the Patent to said land.
4. Easements, restrictions, reservations, conditions and set-back lines as set forth on the plat
recorded as Book 27 of Maps, Page 99, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin to the extent such covenants, conditions or restrictions violate 42
USC 3604(c).
Thereafter Minor Plat change recorded as Docket 12950, Page 550 and recorded as Docket
13794, Page 638.
5. Covenants,conditions and restrictions in the document recorded as Docket 5981, Page 132;
document recorded as Docket 6252, Page 570 and amended as Docket 7155, Page 225, but
deleting any covenant,condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap,familial status, or national origin,to the extent such
covenants, conditions or restrictions violate Title 42, Section 3604(c),of the United States Codes.
6. The terms, conditions and provisions contained in the document entitled "Agreement"
recorded June 04, 2010 as Docket 13823, Page 556.
(Affects Lot Nos. 177, 178 of Parcel No. 1)
�
All matters as set forth in Resolution No. (R)02-60, recorded August 13, 2002 as Docket 11862,
Page 3248.
(Affects Lot No. 178 of Parcel No. 1)
8, All matters as set forth in Lambert Lane Right of Way Retracement Survey, recorded as Book 71
of Surveys, Page 1.
• ~- 4 w o ,~', - o'v . :GC w u ,~~ ^.,- ~.
First American Title
First American Title
No, 5310101
(Affects Lot Nos. 2 and 3)
10, An easement for drainage, maintenance and incidental purposes, recorded as Docket 11862,
Page 3244.
(Affects Lot No. 177)
11. An easement for right of way and incidental purposes, recorded as Docket 6008, Page 928.
12. An easement for communications facilities and incidental purposes, recorded as Docket 9833,
Page 1216.
(Affects Lot No, 3)
13. A Deed of Trust to secure an indebtedness of S317,500.00, recorded December 11, 2007
as Docket 13199, Page 3619.
Dated: December 10, 2007
Trustor: Frank Greth, Sherry Ann Greth, husband&wife
Trustee: JPMorgan Chase Bank, N.A.
Beneficiary: Mortgage Electronic Registration Systems, Inc and JPMorgan Chase
Bank, N.A.
(Affects Lot No. 177 of Parcel No. 1)
14. A Deed of Trust to secure an indebtedness of$354,907.00, recorded June 27, 2008 as Docket
13337, Page 486.
Dated: June 20, 2008
Trustor: Deloy E Wolfley and Maria D Wolfiey, husband and wife and Rodney M
Wolfley, an unmarried man
Trustee: Lawyers Title of Arizona,Inc., an Arizona corporation
Beneficiary: Mortgage Electronic Registration Systems, Inc and GMAC Mortgage, LLC
ff k/a GMAC Mortgage corporation
(Affects Lot No. 178 of Parcel No. 1)
15. A Deed of Trust to secure an indebtedness of$105,050.00, recorded February 26, 2007
as Docket 12999, Page 2169.
Dated: February 05, 2007
Trustor: Danny J. Hughes and Donna Lynn Hughes, husband and wife and Floyd
Hughes, a single man, by Danny J. Hughes, his/her attorney in fact,
whose power of attorney is attached hereto,joint tenants with full rights
of survivorship
Trustee: Title Source, Inc,
Beneficiary: Mortgage Electronic Registration System, Inc and Quicken Loans Inc.
(Affects Parcel No. 2)
First American Title
_____
First American Title
_
No. 5320201
16. A Deed of Trust to secure an indebtedness in a Revolving Loan Agreement with a credit limit in
thereby,thephndpa| amountof$lOO,UO0.0O, togetherwithanyandaUotherobligatkmssecured
��r� June �, �8 as �� 133� �e2�.
Dated: February 08, 2007
Trustor: Danny 3. Hughes and Donna Lynn Hughes, trustees of the Hughes
Family Trust dated February 8, 2007
Trustee: U.S. Bank Trust Company National Association
Beneficiary: U.S. Bank National Association N.D.
(Affects Parcel No. 2)
17. Water rights,claims or title to water, whether or not shown by the public records.
End of Schedule B
First American Title
EXHIBIT "B"
Drainage
Easement
1::.;
Print Form
When recorded send to:
Joseph N. Andrews
Chief Civil Deputy Town Attorne),
Town of Oro Valle
11000 N. La Canada Drive
Oro Valley, Arizona 85737
DRALNAGE EASEMENT
Danny J. and Donna Lynn Hughes TR
(-Grantors") do hereby convey to the Town of Oro Valley, a municipal corporation of the
State of Arizona ( Grantee"), an easement for the maintenance of a channel, including
hut not limited to, drainage improvements over and across the property described on the
attached Exhibit "A" (the -Property").
The Grantee shall have the right to maintain improvements within the Property and to
enter upon the Property for the purpose of maintaining the easement and its
improvements located thereon.
Grantors agree that no buildings, structures, fences or trees shall be placed upon the
Property and that the natural contours of the Property shall not be excavated, filled or
altered w ithout the prior written approval of the Grantee.
All grants, covenants and conditions of this easement shall inure to the benefit of and be
binding upon the successors in interest to the Grantee and Grantors.
-th
IN WITNESS WHEREOF, Grantors have executed this easement this ; day of
fei,(ti on/ . 20 .
GRANT 1
By:
Name /CV'
By:6,7 .7.titoLg
Name
State of Arizona )
) ss.
County of Pima )
On thisr)Slay of , 2011, a4/444ej 0 d 2.y44
known to me to be the persons Nkhose name are subscribed to theiwithin ifistrument,
personally appeared before me and acknowledged that he/she/they executed the same for
the purposes contained.
Given under my hand and seal on Febrziory . 2011.
VN
Nota
My Commission Expires: /I 3/51f
• 401311% JEFFREY S.KNISLEY
• - Notary Public-Arizona
F
i41:1111 Pima County
• My Comm. Expires Nov 3.2014
t
GRANTEE
TOWN OF ORO VALLEY
Dr. Satish 1. Hiremath, .Mayor
ATTEST: APPROVED AS TO FORM:
• L.
(./
Julie K. Bower. Town Clerk Tobin Rosen, Town Attorney
Date:
Date- it)tli
Ai-atrrner,j)rnmtlfc