HomeMy WebLinkAboutEasements - 3/21/2012, Resolution 11-68, approving Easement Acquisition Agreement between TOV and Oro Valley Ret F. ANN RODRIGUEZ, RECORDER 1111111111{
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Recorded By: MRB 1111111111111111111111111111111111111111
DEPUTx RECORDER o�Ft
• SEQUENCE:
. 20120810765
1562
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SOROV �-�
•' rf0,,i1 •� ' RES 03/21/2012
TOWN OF ORO VALLEY
11000 N LA CANADA DR 41 p11A' 18:00
MAIL
ORO VALLEY AZ 85737
AMOUNT PAID: $15.50
RESOLUTION NO. (R)11-68
•
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING A
EASEMENT ACQUISITION AGREEMENT BETWEEN THE
TOWN OF ORO VALLEY AND ORO VALLEY RETIREMENT
RESIDENCE, LLC. FOR A PORTION OF PARCELS 224-30-3610,
224-30-367F AND 224-30-360A FOR THE LAMBERT LANE
PROJECT BETWEEN LA CA&ADA 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. 9-511, et seq., the Town has requisite statutory authority
to acquire, own and maintain a Stormwater utility for the benefit of the landowners
within and without the Town's corporate boundaries; and
WHEREAS, the governing body of an Arizona city or town is required by A.R.S, 49-
255, et seq., to establish minimum stormwater management requirements for the
management of pollutants that are or may be discharged to the Municipal Stormwater
System; and
WHEREAS, during the design phase of the Lambert Lane Project, it was determined that
additional areas outside the right-of-way were required to construct a drainage drop inlet
channel; and
WHEREAS, the Town desires to acquire an easement from Oro Valley Retirement
Residence, LLC for a portion of parcel numbers 224-30-3610, 224-30-367F and 224-3 0-
360A to construct the drainage drop inlet channel; and
WHEREAS, the Town and Oro Valley Retirement Residence, LLC desire to into an
easement acquisition agreement in order to allow the Town to construct the drainage drop
inlet channel through its property; and
WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the
agreement with Oro Valley Residence, LLC, attached hereto as Exhibit "A", in
conjunction with the Lambert Lane Project.
s . •
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the
Town of Oro Valley,Arizona that:
SECTION 1. The Easement Acquisition Agreement between the Town of Oro Valley
and Oro Valley Retirement Residence, LLC, attached hereto as Exhibit "A", is hereby
authorized and approved.
SECTION 2. The Mayor and other Town administrative officials and employees are
hereby authorized to take such steps necessary to execute and implement the terms of the
Agreement.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 2nd day of November, 2011.
TOWN'OF ORO VALLEY
tel' rjy
13r. Salish I. ire ath, Mayor
ATTEST: APPROVED AS TO FORM:
ic
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Julie K. Bower,Town Clerk Tobin Ro own Attorney
_thin .1"
Date Date
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TOWN OF ORO VALLEY
EASEMENT ACQUISITION AGREEMENT
This Easement Acquisition Agreement ("Agreement") is made by and between Oro Valley
Retirement Residence LLC a Washin_ on limited liabilit corn.an 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
Parcels 224--30-3610, 224-30-367F and 224-30-360A (the Owner's "Property") as
described in Exhibit"A", including all improvements located thereon.
1 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
Thirty Eight Thousand and Sixty Dollars ($38,060.00). 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.
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. 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.
6. Waiver. The Owner accepts Thirty Eight Thousand and Sixty Dollars ($38,060.00) 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 Town, its officers, agents or employees, their heirs or assigns arising out of
the Town's ownership of the Drainage Easement. This waiver is for valuable
consideration, given freely and covers any and all claims not only for Owner, but also for
Owner's heirs and assigns.
7. Closing. Closingshall be on or before the 3 0h dayafter the date of execution of this
g
Agreement.
8. Environmental Representations. The 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.
9, Environmental Indemnification, The Town and the Owner agree that neither party is
assuming any obligation of the other party relating to any potential liability, if any,
arising from the environmental condition of the Property, and each party shall remain
responsible for its obligations as set forth by law.
• 10. Environmental Inspection Rights. The 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 Oar 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.
1.. No Leases. The Owner warrants that there are no oral or written leases on any portion of
the Property.
12, Closing Co/b. Expenses incidental to transfer the Slope Easement, including title
• reports, recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be
paid 100%by Town.
13.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 egivmating
drainageiiovemedtein,
.14. No Sale. The Owner shall not sell or encumber the Property before closing.
15. 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.
16. Survival of Representation and Warranties. All representations and warranties
contained herein shall survive the closing.
. 17. Entire Agreement This signed document shall constitute the entire Agreement between
the parties and no modification or amendment to this Agreement shall be binding unless
in writing and signed by both parties. The performance of this Agreement constitutes the
2
•
• entire consideration by the 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.
OWNER
Oro Valley Retirement Residences LLC, a Washington limited liability company
. . • By: Hawthorn Management Services Corp., a Washington corporation
Its Manager
By: Barton G. Colson,President
STATE OF WASHINGTON)
) ss
COUNTY OF CLARK )
•
On this 3r8day ofliek , 20 , before me the subscriber Pers.n Icy
appeared 8coillion ,4, f ad n g4, ,,. iI 1 - ,
to me known and known by me to be the pers a : who executed the within Agreement and'they
duly acknowledged to me that they execut c d the say e, , . , , I-- G. .
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Comrniss on Bx ires:
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NOTARY PUBLIC
STATE OF WASHINGTON
TOWN OF ORO VALLEY ROBIN R. GOINS
Commission Expires September 26,2015
1i _ I _1L ' ' J1< .Lwr.;A
Dr. Satish I. Hi emath, Mayor
3
ATTEST: APPROVED AS TO FORM:
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Julie K. Bower, Town Clerk Tobin Rosen, Town Attorney
Date: ! Date: 312'1
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. ,
EXHIBIT "A"
Legal Description
5
Southwest Survey Solutions,
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Owner: Oro Valley Retiremont.Residence,LLC;&Pimu County
PIN Numbers: 224-30-360.13,224.30-360A
224-30•367f,224-50;3610
Purpose: Drainage Easement
Legal Descriptions:(4I1)'flint portion of Block 3 of the Highlands,a subdivision in Pima County.
Arizona,according to the map or pint thereof of record in the uflice of the County Recorder of
Pima County,Arilona, in hook .1.5 or map and plats, page 21.being more particularly described
its follows:
Beginning at the Southwest corner ol'said block 3 said point also being the Southeast corner of
the 45.00 foot wide drainageway as shown on said plat of the l lighlands:
Thence North 40 degrees 42 minutes 03 seconds West(measured)(North 40 degrees 09 minutes
36 seconds West, record) Along the Westerly line of said Block 3 said lino also being the
Easterly line of said drainageway a distance of 57.96 feet(measured)to a point:
Thence North 85 degrees 06 Minutes 58 seconds East (measured) a distance of 165.57 feet
(measured) to a point.at the Intersection with the'Easterly line of said block 3. said line also
being the Westerly right of'way line of Highlands Drive:
Thence Southerly along said Easterly line of block 3,said line being concave to the West having
a central angle of 7 degrees 26 minutes 08 seconds (measured) with a radius of 170.00 feet
(record and.measured)an Tire length of 22.06 feet(measured)to a point of compound curvature:
"Thence Southwesterly along a curved lune concave to the Northwest having a central angle of 90
degrees ftq minutes 00 seconds(record and measured) with a radius of 25.00 feet (record and
measured)an are length of 39.27 feet(record and measured)to a point of tangency, said point
being on the South line of said block 3. said line also being the Northerly right of way Inc of
'Lambert Lane as it now exists: •
Thence South.85 degrees 06 minutes 58 seconds West(measured)(South 85 degree 39 minutes
25 seconds \Vest, record) along The South line of said block 3 a distance of 108.08 feet
(measured)(105.21 feet,record)to the point of beginning.
Containing: 6,907 sq.feet 0.16 acres
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Thence North 85 degrees 06 minutes 58 seconds Ease(measured)(North 85 degrees 39 minutes
25 seconds East, record)along said South line of block 2 a distance of 68,43 feet(measured)to
the point of beginning.
Containing: 2,828 sq.ket 0.06 acres
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jo,t.ANks,
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FRANK A.
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Lambert Gane October 2410
_____
CURVE DATA:
' 0 Parser 1O Descrlptlon f
I 224-30-3608 Pia Minty #1 6907 Sq Ft 4110 4130 N •
2 224-30-3934 Oro Valley Refitment Residence LLCR= 17p.0i0' } = 2 .00' (1" 0)
3 224-30-367F Oro Valley f�lre `Rastderre LLC 2 2608 Sq Ft
� 2224-30-3610oOmV Rear �rder�!..1.0c L+ 22- L 39.28'
4
1 #3 2828 S Ft D- 0726108 D= 900000
Sq
T= 11.05' T= 25.00'
LLI
N85°06'58'E 57.96'
51.921
1 N40°42'03"W Cr
z 57.96' N85°061 58"E N85°06'58`E \\ Qi 1
55.49' 165_57
N25°121 12'W & 4
:4 50.12'
2 ® N40 42 03"W
\ ' -...jZ
:96' (....2
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N85X06'S8'ENippO2'03'l�Y *06'58"E lX85'06'58"E
68,43 57.96' 75 5.49 108.08'
�,
•
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1 4
Nss s8"I' (measured) R/W £ LAMBERT LANE
4
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. . NEW DRAINAGE EASEMENT - FIGURE
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ORO VALLEY,AZ Si 9
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•
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Kittelson&Associates,Inc. -
b Transportation i Engineering I Planning .
EXHIBIT "B"
Drainage Easement
6
• 1
When recorded send to:
Joseph N. Andrews
Chief Civil Deputy Town Attorney
Town of Ora Val ley
11000 N.La Canada Drive
Oro Valley, Arizona 85737
DRAINAGE EASEMENT
Oro Valle ' Retirement Residence LLC a Washin•ton limited iiabz '
eomnani ("Grantors") do hereby convey to the Town of Gro Valley, a municipal •
corporation of the State of Arizona("Grantee"), an easement for the maintenance of
a channel, including but 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 without 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.
IN WITNESS WHEREOF, Grantors have executed this easement this. day of
if-GY ,20it .
GRANT O RS
• Oro Valley Retirement Residences LLC, a Washington limited liability company
by: Hawthorn Management Services Corp., a Washington corporation
Its Manager /
By: Barton G. Colson, President
STATE OF WASHINGTON)
) ss
COUNTY OF CLARK )
I
•
•
On this 314 day of ,2011,
known to me to be the persozwhose name are subscribed to the within instrument,
personally appeared before me and acknowledged that heislqe4liey executed the same
for the purposes contained.
Given ender my1h.•d and =,(4 1 on4 ''' 2
. _ b4' � _ , 011.
NOTARY PUBLIC
, A 115
STATE OF WASHINGTON
Notary e � !�� ���
w�I ROBIN B. GOINS
Commisslon Expi«SePtomber 26,2015
My Commission Expires: c -Q '"?€0 I S
GRANTEE
TOWN OF ORO VALLEY
•
. Dr. Satish I.Hiremat),Mayor
ATTEST: APPROVED AS.TO FORM:
•
rlrfh �=/P► r
FcA ,
Julie.K. Bower,Town Clerk Tobin Rosen,Town A . s.
Date: I /1/11 Date: 3 I 17- _
- •
. . . .
•
•
. .
•
. . . 2
. ,
. EXHIBIT "A"
Legal Description
Southwest: Sturvev :Solutions,
• PC) fin 2 J i i
f l•}'. r �.
5i2 e i
:• •. i0f .100.414-4111
(E') RkK.K7�_r,iil i
Owner: Oro Valley Retirement Residence,1..LC&Pirnu County
PIN Numbers: 224.30-360BB,2241.30_360A
224-30•367f,224..311.;36I0
Purpose: Drainage Easement
LegCal Descriptions:(411)Thai portion of Block 3 of the Highlands,a subdivision in Pima County,
Arizona,according to the map or plat thereof of record in the office or tire County Recorder o!'
Pima County,Arizona.in book .15 or map and plats. page 21.being more particularly described
as follows:
Beginning at the Southwest corner of said block.3 said point also being the Southeast corner of
the 45.00 foot wide drainageway as shown on said plat of the highlands;
'!`hence North 40 degrees 42 minutes 03 seconds \Vest(measured)(North del degrees 09 minutes
36 seconds West. record) Along the Westerly line of said Block 3 said line also being the
Easterly line of said drainageway a distance of 57.96 feet(measured)to a point:
Thence North 85 degrees 06 minutes 58 seconds East. (measured) a distiuice of 165..57 {'eet
(measured) to a point at the intersection with the Easterly line or said block 3, said line also
being the Westerly right of way line oil highlands Drive:
`hence Southerly along said.Easterly line of block 3,said line being concave to the West having
a central angle of 7 degrees' 26 minutes 08 seconds coy ds (measured) with a radius of 170.00 feet
(record and measured)an arc length of 22.06 feet(measured)to a point of compound curvature:
'Terence Southwesterly along a curved line concave to the Northwest having a central angle of 90
degrees 00 niinutes 00 seconds(record and measured) with a radius of 25.00 feet (record and
measured) an arc length or 39.27 feet (record and measured)to a point of tangency,said point
being on the South line of said block 3, said line also being the Northerly right of way line of
Lambert lane as it now exists:
Thence South 85 degrees 06 minutes 58 seconds West(measured)(South 85 degrees 39 minutes
25 seconds West, record) along the South line or said block 3 a distance of 108,08 feet
(measured)(108.21 feet,record)to the point of beginning,
Containing: 6.907 sq.feet 0.16 acres
( 2) 'hail portion ofthe 45.1)0 foot drainageway of the Highlands,a subdivision in rima Country.
Arizona,according to the map or plat thereof or record in the office of the County Recorder of
Pinta County.Arizona in book 15 of map and plats. page 21. being more particularly described
as follows:
Beginning at the Southeast corner of said 45.00 foot drainageway, said point nlw being the
Southwest corner°Mock 3 us shown on said plat of the Highlands:
Thence Ntirth 40 degrees 42 minutes 03 seconds West(measured)(North 40 degrees 09 minutes
36 seconds West,record)along the ['Easterly line of said 45.00 drainageway said line also being
the Westerly line of said block 3 a distance of 57.96 feet(measured)to a point:
Thence South 85 degrees 06 minutes 55 seconds West (measured) a distance of 55.49 feet
(toe tsurvd)to a point at the intersection with the Westerly Line of said 45.00 foot drainageway,
said line also being The Easterly line of block 2 as shown on said plat of the Highlands:
•
Thence South 40 degrees 42 minutes 03 seconds East(measured)(South 40 degrees 09 minutes
36.seconds East, record)along the Westerly line of said 45.00 foot drainageway a distance or
57.96 feet (measured) to a point at The Southwest corner of said 45.00 foot drainageway said
point also being the Southeast corner of said block 2:
Thence North 85 degrees 06 minutes 58 seconds East(measured)(North.85 does 39 minutes
25 seconds East.record)along the South line o.0 said 45.00 foot drainageway said line also being
the Northerly right of wny line of Lambert Lane as it now exists. a distance of 55.49 feet
(measured)to the point of beginning.
Containing: 2,605.sr{.feet 0.06 acres
(#3)That portion of block 2 of the Highlands,a subdivision in Pima County.Arizona,according
to the map or plea, thereof of record in the office of the Count)' Recorder of Pima County,
Arizona,in book 15 at'amp and plats.page 21 being more particularly described as follows:
Beginning itt the Southeast corner of said block 2 said point also being the Southwest corner of
the 45.00 foot dmrtinageway as shown on said plat of the Highlands:
Thence North'40 degrees 412•minotes.03 seconds West(measured)(North 40 degrees 09 minutes
36 seconds West, record) along the Easterly line of said block 2, said line also being the
Westerly lute of said 45.00 that dminageway,a distance of 57.96 feet(measured)to a point:
Thence South 85 degrees 06 minutes 58 seconds West (measured) a distance of 51.92 feet
(measured)to a point:
Thence Smith 25 degrees 12 minutes 1.2 seconds East (measured). mu distance of 50.12 feet
(measured)to a point at the intersection with the South line of said block 2.said line also being
the Northerly right of way line of Dutabert Lane as U.now exists:
..
Theme North 8$ degrees 06 minutes 58 seconds Emit(measured) (North 85 degrees 39 minute.
25 seconds Eost, record);along said.South line of block 2 u distance of 68.43 feet(mcm:ured)to
the point of beginning.
Containing: 2,828 sq.feet 0.06 acres
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Lambed Lane October 2010
• CURVE DATA:
Q Parcel ID Description Ell
1 .224-30-3608 Pima Cagy_ #1 6907 Sq Ft 0 0
2 224-.30-3604 oro Vatter Retirement Residence LLC (1"=t,), �q= 170.00' R= 25.00' (1"=t,)
3 224-30-367F oro Valley Re11r R�►deire LW, #2 2608 Sq ' _ = 35.28
4 224-30-3610 Oro Volley RetirementResidence LLC * /�/\(Q] R L.. 07 22.06' » L 0= 90°00'00'
3 LV 2V Sq Ft 0 07 2s 08 '
T= 11.05' T= 25.00
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• Ki Kittelson&Associates,Inc.
Thinsposteiion Engineering I Planning