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Home My WebLink AboutEasements - 11/7/2011, Resolution 11-70 approving the granting of a Utility Easement fo the Town of Oro Valley f F.Reco dedOByIGR�, RECORDER 111111111111111111111111111 IllI 1111111111111111111111111111111111111IIIIII DEPUTY RECORDER �77,-y°F�I.`9O SEQUENCE: 20113110101 32 � m '1(z NO. PAGES: 10 soRov .� ,� RES 11/07/2011 TOWN OF ORO VALLEY WATER UTILITY � 10:48 11000 N LA CANADA DR '410W' MAIL ORO VALLEY AZ 85737 � AMOUNT PAID: $10.50 RESOLUTION NO. (R)11-70 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 TIMOTHY L. MILBOURN AND SUSAN E. LA CHAT-MILBOURN 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, Timothy L. Milbourn and Susan E. La Chat-Milbourn ("Milbourns") are the owners of certain real property (the "Property") located at 11250 N. Vista Del Sol, Oro Valley, Arizona 85742; 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 Milbourns desire 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 Timothy L. Milbourn and Susan E. La Chat-Milbourn 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 2nd day of November, 2011. TOWN OF ORO VALLEY 4' ' / "'Al_ ___... I r. Sa ish I. Hire- ath, Mayor ATTEST: APPROVED AS TO FORM: ili ,//:;/;, - Fio 1 Julie K. Bower, Town Clerk Tobin Rosen, Town Attorney i Date: II /i/it Date: vi i ._ / \ \\i.exicon\agendagwck\PacketPrinter\AGENDA\TC\ItemO6_I_Attl_Reso 11-70.doc Town of Oro Valley Attorney's Office/ca/101211 • • EXHIBIT "A" \\Lexicon\agendaquick\PacketPrinter\AGENDA\TC\Item06_I Attl_Reso 11-70.doc Town of Oro Valley Attorney's Oflice/ca/10121 1 • UTILITY EASEMENT Timothy L. Milbourn and Susan E. La Chat-Milbourn, ("Grantors"), do 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 to as close to original as practical. This easement is subject to the following conditions: 1. Grantors 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 Grantors and Grantee's use and access to this right-of way and easement is not obstructed. 2. Grantors warrant that they hold good title to the burdened land, and thereby have 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 Grantors and their successors respectively. 4. 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. 5. Grantee shall install appropriate connections (stubs) to its water service upon request by Grantors. Grantee cannot legally require Grantors to disconnect service from Tucson Water and connect to Grantee's water utility service. F:\Water Utility\Misc'Milbourn Easement\Easement.doc f THIS EASEMENTgranted this .., dayof G% '` , 20 // . GRANTOR rF=-‘. .01''''P.,.-e": . 77- gri•, ' Timothy L. Milbourn STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) .,,,T,./4is in trument w s ac ewled ed before me thi a of47 20 1/g Y by IfilibM" Y i -A/11/60 LI ' otary Public My Commission Expires: , IS a to DALILA D.ROMERO ,� Notary Public-Arizona GRANTOR . Z, M , Pima County s �� '� , ,:� ley Commission E15ire By: .74t f 1, , ' 4 -r- i'-'(-- -- --.4.a Al,W January 30,20 Susan E. La Chat-Milbourn ) SS COUNTY OF PIMA ) 34igtinstrigneztavlhapowiedg_e_d before me th'.4P i ay of Oddber , 20 ii , by Ar, -India IAEA /61141(.0&.- G7F0V46, My Notary Public Commission Expires: 36j SI E DALILA D.ROMERO �k�,:Tr�;I;k'�ti I Notary Public-Arizona t�_=� Pima County - -4 .- ~ Commission Expires '! January 30,2015 F:\Water Utility\Misc\Milbourn Easement\Easement.doc • GRANTEE TOWN OF ORO VALLEY �- i _, A. ./, 'Afir i r. Satish I.�1Iiremath Mayor ATTEST: APPROVED AS TO FORM: 4 , , ,, ,�. . ,.,, ,,,,;„,,, ,,,,f ______„.........._ ,....„ Julie K. Bower, Town Clerk Tobin Rosen, Town Attorney '``°N, Date: 1( bi/ /I( Date: t- ti F:\Water Utility\Misc\Milbourn Easement\Easement.doc • • EXHIBIT 64A,, F:\Water lJtility\Mise\MiIboum Fasement\Easement.doe • • 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 : That portion of the West 30 feet of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 4 lying North of the Northerly line of that parcel described in Docket 12905, Page 6360, and South of the Southerly line of that parcel described in Docket 12361, Page 4249, all as recorded in the Office of the County Recorder of Pima County, Arizona. 7\0* AND 6t& (" 1 CA re 4,0 ,pie‘ tagS. �OW8/18ENS ro /1 94) signed ZpNA V.5 EXP. 03/31/12 • F\Water I ltility\Mix:\MiIb um Iinlemunt\Easumunt.dlx w 1-1 (NOSCALE) - - - p _ _ _ _ _ _ _ I I [ CKfl121 I I PAGE 4249 I I _-------- WEST LINE OF E 1/2 SE 1/4 SW 1/4 I SEC. 4, T.12 S., R.13 E. 41 O------ 30—FOOT—WIDE ACCESS AND UTILITY EASEMENT ASSESSOR'S PARCEL NO. 224-11-055E (AUGUST 2011) 4 1 1 I [ KE[ 1215 I I I PAGE 6360 I _I L __ _ _ _ _ _ _ J NARANJA DRIVE �4tCry AND � ICATf S 31029 \ '1. STEVEN S. o OWENS , 9 Signed� .P ��ZaNa 0.s EXP. 03/31/12 _XHIBIT SKETCH FOR 30—FOOT ACCESS AND UTILITY EASEMENTCardinal 425 S. Plumer, #toe iECTION 4, T.12 S., R.13 E., G.& S.R.M. � Tucson, Arizona 85719 'IMA COUNTY, ARIZONA Land Surveying Tel. (szo) 798-3603 FAX (520) 798-3832