HomeMy WebLinkAboutEasements - 6/27/2011, Resolution 11-40 Water Utility Easmnt. to TOV from Midfirst Bank for purpose of construct F. ANN RODR I GUE Z, RECORDER 111101111111111111101111111111011111111111111111111111111
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TOWN OF ORO VALLEY 16:19
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RESOLUTION NO. (R)11-40
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, APPROVING THE
GRANTING OF A WATER UTILITY EASEMENT TO THE TOWN
OF ORO VALLEY FROM MIDFIRST BANK 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, Midfirst Bank is the owner of certain real property (the "Property") located
at Steam Pump Village Retail Center; and
WHEREAS, the Town needs a water utility easement through the Property to construct
underground water utility facilities and access for repair and maintenance of the facilities;
and
WHEREAS, Midfirst Bank desires to grant the Town a water 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 Midfirst Bank for
the purpose of constructing water utility facilities is hereby accepted and approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona this 15th day of June, 2011.
TOWN OF ORO VALLEY
Dr. gatish I. Hiremath, Mayor
ATTEST: APPROVED AS TO FORM:
-21
J K. Bower, Town Clerk Tobin Rosen, Town Attorney
i r
K � Date:
Date: •
F:\RESOLUTIONS\20 I(\Resolution R I 1-40 Midfirst Bank Easement.doe Town of Oro Valley Attorney's Office/ca/05131 1
EXHIBIT "A"
F:\RESOLUTIONS\2011\Resolution RI 1-40 Midfirsl Bank Easement.doc Town of Oro Valley Attorney's Office/ca/05131 1
WATER UTILITY EASEMENT
MIDFIRST BANK, a federally chartered savings association, ("Grantor"), does hereby grant
to the TOWN OF ORO VALLEY, a municipal corporation of the State of Arizona
("Grantee"), a perpetual easement and right-of way for ingress and egress on, over, under, and
through those paved roadways and driveways intended for vehicular travel and existing from
time to time on the burdened land as legally described in Exhibit "A", attached hereto and
incorporated herein by this reference (the "Property"). Grantee is also hereby granted a perpetual
water utility easement and the right to lay, construct, operate, maintain, inspect, repair, replace,
relocate and remove underground water utility pipelines and appurtenances (collectively, the
"Utility Facilities") on, over, under, and through those portions of the Property that are included
within the "Easement Premises" as shown in Exhibit "B", attached hereto and incorporated
herein by this reference(the "Easement Premises").
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 to as
close to original condition as possible.
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 Grantor holds good title to the Property, 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
f•‘Wai,t ttthtoAgrocm..kst,..puinp 1INARIftrm dt.
as fully and completely as though such easements and rights were recited fully and set
forth in their entirety in such documents.
6. The Utility Facilities installed in the Easement Premises will be installed at or below
surface grade so as not to interfere with vehicular or pedestrian travel.
7. After installation, the Utility Facilities will be maintained by Grantee in good and
operating condition unless otherwise abandoned under Section 11 herein.
8. Grantee will use reasonable care to avoid damage to the Easement Premises, the
Property or any of Grantor's improvements therein.
9. Grantee, in its use of this right-of way and easement will not unreasonably interfere
with access, ingress and egress between the Property and adjacent public rights-of-
way.
10. Grantee will indemnify and defend Grantor against loss or liability arising from
Grantee's use of the Property or the Easement Premises, and the Utility Facilities, by
Grantee, its agents, employees and contractors, including but not limited to the costs
of repairing or maintaining any water main located within said easement and right-a-
way.
11. This easement is subject to all matters of record. If Grantee abandons and
permanently ceases to use this easement, all rights granted under this easement cease
and revert to Grantor, its successors and assigns.
THIS EASEMENT granted this day f -c -E
irtiv -,-.2010.
GRANTOR
TOR
MIDFIRST BANK, a federally chartered savings association
Its:
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The foregoing instrument was acknowledged before me this C14''- day of
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ci-kivr- ./2.11-k- , 2010, b1.t-- .fltdi 1.4JC1/S44:-.tt , the A vi?
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of MtifIfirst Bank.
WITNESS my hand and official seal.
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GRANTEE
TOWN OF ORO VALLEY, a municipal corporation of the State of Arizona
eate4,,,f2
:*sh 1-liremath, Mayor
ATTEST: APPROVED AS TO FORM:
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.,bYtte KT--k-oTie-g-t:-/, Town Clerk Tobin Rosen, Town rney
Date: L;;;/,' /:-.?,:'/I//
. . Date: .',.-
,Writer Oulu%\Atacerpents1Stennopump Vttlape Plia.Ithivlxiiirst Munk tit.
Exhibit"A"
Lot 4 OF STEAM PUMP VILLAGE PHASE 3, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY
ARIZONA, RECORDED IN BOOK 64 OF MAPS,PAGE 95.
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STEAM PUMP [1tLAGL . IJ1IArSEW3 Job No.:
EXHIBIT — PROPOSED 15' WATER EASEMENT — LOT 4 (MIDRRsT BANK) 3-07003
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a L2 N54'00'00"E 23.30'
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I L4 S54'00'00"W 23.30'
L5 S36'00'00"E 27.83'
L6 N54'00'00"E 41.00'
L7 N55'27'10"E 40.37'
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L10 S34'32'50"E 26.47'
Y L11 S54'28'00"W 15.00'
L12 4 554'00'00"W 3.31'
E L13 N 3 6°00'00"W 47.81'
A L14 N 54'00'00"E 3.50'
✓ L15 4 N54'00'00"E 15.00'
L16 N54'00'00"E 3.50'
v L17 N54'28'00"E 1.09'
L18 S36'00'00"E 15.00'
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L19 S54'00'00"W 26.99'
L20 536'00'00"E 9.90'
L21 S54'00'00-' W 13.51'
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LEGAL DESCRIPTION
STEAM PUMP VILLAGE -PHASE 3
PROPOSED 15' WATER EASEMENT
LOT 4 (MIDFIRST BANK)
A PORTION OF LOT 4 OF STEAM PUMP VILLAGE PHASE 3 AS SHOWN ON FINAL
PLAT RECORDED IN BOOK 64,PAGE 95,PIMA COUNTY RECORDS(P.C.R.)LYING
WITHIN SECTIONS 7 AND 8,TOWNSHIP 12 SOUTH,RANGE 14 EAST OF THE GILA
AND SALT RIVER MERIDIAN,PIMA COUNTY,ARIZONA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERLY CORNER OF SAID LOT 4,FROM WHICH THE
NORTHERLY CORNER OF SAID LOT 4 BEARS N. 54°00'00"E.(BASIS OF BEARING),A
DISTANCE OF 305.23 FEET;
THENCE N. 54°00'00"E.ALONG THE NORTHWESTERLY LINE OF SAID LOT 4,A
DISTANCE OF 3.50 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N.54°00'00"E.,A DISTANCE OF 15.00 FEET;
THENCE DEPARTING PERPENDICULAR TO SAID NORTHWESTERLY LINE,
S.36°00'00"E.,A DISTANCE OF 19.65 FEET;
THENCE N. 54°00'00"E.,A DISTANCE OF 23.30 FEET;
THENCE S. 36°00'00"E.,A DISTANCE OF 15.00 FEET;
THENCE S. 54°00'00"W.,A DISTANCE OF 23.30 FEET;
THENCE S. 36°00'00"E.,A DISTANCE OF 27.83 FEET;
THENCE N. 54°00'00"E.,A DISTANCE OF 41.00 FEET;
THENCE S.36°00'00"E.,A DISTANCE OF 15.00 FEET;
THENCE S. 54°00'00"W.,A DISTANCE OF 26.99 FEET;
THENCE S. 36°00'00"E.,A DISTANCE OF 9.90 FEET;
THENCE S. 54°00'00"W.,A DISTANCE OF 13.51 FEET;
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S;\3-06080(Steam Pump Ph 111)1Docs1REVISED WATER ESMT MIDFIRST(LOT 4)LEGAL.doc
•
THENCE S.34°32'50"E. A DISTANCE OF 72.87 FEET;
THENCE N. 55°27'10"E.,A DISTANCE OF 40.37 FEET;
THENCE S. 34°32'50"E.,A DISTANCE OF 15.00 FEET;
THENCE S. 55°27'10"W.,A DISTANCE OF 40.37 FEET;
THENCE S.34°32'50"E.,A DISTANCE OF 26.47 FEET TO THE SOUTHEASTERLY LINE
OF SAID LOT 4;
THENCE S. 54°28'00"W.ALONG SAID SOUTHEASTERLY LINE,A DISTANCE OF 15.00
FEET;
THENCE DEPARTING SAID SOUTHEASTERLY LINE,N.34°32'50"W.,A DISTANCE OF
87.40 FEET;
THENCE S. 54°00'00"W.,A DISTANCE OF 3.31 FEET TO THE SOUTHWESTERLY LINE
OF SAID LOT 4;
THENCE N. 36°00'00"W.ALONG SAID SOUTHWESTERLY LINE,A DISTANCE OF 47.81
FEET;
THENCE DEPARTING PERPENDICULAR TO SAID SOUTHWESTERLY LINE,
N. 54°00'00"E.,A DISTANCE OF 3.50 FEET;
THENCE N. 36°00'00"W.,A DISTANCE OF 66.38 FEET THE POINT OF BEGINNING.
THE ABOVE DESCRIBED EASEMENT CONTAINS 4,905 SQUARE FEET OR 0.11 ACRES,
MORE OR LESS.
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