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HomeMy WebLinkAboutEasements - 2/15/2012, Resolution 11-77, approving Drainage Easements between TOV and two homeowners along Lomas F. ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 'Recorded By: LD yoF PI1►� DEPUTY RECORDER F' SEQUENCE: 20120460616 41 W' �'�'� r��; � NO. PAGES:z : 3 SOROV 1`� ' °11� � RES 02/15/2012 TOWN OF ORO VALLEY 014 18:00 11000 N LA CANADA DR RIZO� MAIL ORO VALLEY AZ 85737 AMOUNT PAID: $8.00 RESOLUTION NO. (R)11-77 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING DRAINAGE EASEMENTS BETWEEN THE TOWN OF ORO VALLEY AND TWO HOMEOWNERS ALONG LOMAS DE ORO WASH FOR MAINTENANCE OF THE CHANNEL DRAINAGE IMPROVEMENT PROJECT 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, the Federal Emergency Management Agency (FEMA) project along the Lomas De Oro Wash that included repair and improvement of one-half mile of channel banks along the wash has been completed; and WHEREAS, the Town requires two drainage easements, attached hereto as Exhibit "A" and incorporated herein by this reference, adjacent to the one-half mile of channel banks to provide routine maintenance of the channel; and WHEREAS, it is in the best interest of the Town to approve the Drainage Easements from the two homeowners along the Lomas De Oro Wash in order allow the Town legal access to their properties to provide routine maintenance against future flooding events. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley that the Drainage Easements between the Town of Oro Valley and two homeowners along the Lomas De Oro Wash, attached hereto as Exhibit "A" and incorporated herein by this reference, are hereby authorized and approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7th day of December, 2011. TOWN OF ORO VALLEY Dr. -",,A atish I. Hiremath ayor ATTEST: APPROVED AS TO FORM: J I. K. Bower, Town Clerk Tobin Rosen Tow Attorney Date: oZ Date: \\Lcxicon\agendaquick\PacketPrintcr\AGENDA\TCUtem06_H_AttI_Rcso I l-77.doc Town of Oro Valley Attorney's Of1icc/ca/110711 EXHIBIT \\Lexicon\agendayuick\PacketPrinter\AGENDA\TC\Item06_H_Attl_Riso 1 I-77.doc Town of Oro Valley Attorney's Office/ea/110711 I— — r F. ANN RODRI GUE Z, RECORDER 10111111111111111111111111111111111111111111111111111111111111111111 Recorded By: LD oY PI DEPUTY RECORDER k41' � '' Ci0 SEQUENCE: 20120460617 411 f `'rti' ;��1I',: Z c4,41NO. PAGES: 6c4,41 �� ��:� SOROV .- '='1-9� EASMNT 02/15/2012 TOWN OF ORO VALLEY 1/010-14t". 18:0 0 11000 N LA CANADA DR MAIL • ORO VALLEY AZ 85737 AMOUNT PAID: $8.50 Oro Valley, Arizona 85737 DRAINAGE EASEMENT Paul R. Taylor and Hortensia M. Taylor, Trustees ("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 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 saet-Li , 20171/:e2 ff'. GgA TORS By: - --- . ' 7-)A.... -- Paul F. Taylor „-----/ By: (-711 -722'7 // y(Cr? Hortensia M. Taylor State of Arizona ) ) ss. County of Pima ) On this9 day of , 2011 Paul F. Taylor and Hortensia M. Taylor, known to me to'be the persons lose name is subscribed to the within instrument, personally appeared before me and acknowledged that they executed the same for the purposes contained. Given under my hand and seal on , 20 V1" " .� "'dFrf IAL-S—E-A-1.:" U/1/444- g......:. -, Carmen Ryan N Notary Public Arizona Pima County •, , • My Commission Exsires 7/31/ 14,. Notary tip-:.r�_�r_�✓;�-�_�✓�._.��1�_-•�-.-_ _ - - My Commission Expires: It?CA il \\Lexicon\agendaquick\PacketPrinter\AGENDA\TC\Item06_H_Att2_Taylor DE.doc ►o GRANTEE TOWN OF ORO VALLEY Dr. Satish I. Hiremath, Mayor ATTEST: APPROVED AS TO FORM: ie K. Bower, Town Clerk Tobin Rosen, Town Attorney Date: ic,V ?/// Date: -- \\Lexicon\agcndaquick\PacketPrintcr\.AGENDA\TCVtem06_H_Att2_Taylor DE.doc EXHIBIT "A" ULexicon\agcudaquick\PackctPrintcr\AGENDA\TC\Itcmll6_H_Att2_Taylor DE.doc October 19, 2011 Psomas # 06078-03 EXHIBIT A LEGAL DESCRIPTION DRAINAGE EASEMENT A portion of that parcel described in Docket 9399, Page 278, Records of Pima County, located in the southwest one-quarter of Section 15, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the south one-quarter corner of said Section 15, monumented by a brass disk, marked "US, GLO, 1913, 5151822", from which the southwest corner of said section, monumented by a brass disk marked "PCH D, S 16/S21 I S 151522" bears South 89 degrees 23 minutes 12 seconds West (basis of bearing for this legal description) a distance of 263922 feet; THENCE upon the south line of the southwest one-quarter of said Section 15, South 89 degrees 23 minutes 12 seconds West a distance of 1319.61 feet to the west line of the southeast quarter of the southwest one-quarter of said Section 15; THENCE upon said west line, North 00 degrees 37 minutes 06 seconds West a distance of 362.21 feet to the POINT OF BEGINNING; THENCE South 57 degrees 39 minutes 47 seconds West a distance of 14.66 feet; THENCE North 31 degrees 43 minutes 27 seconds West a distance of 120.20 feet; THENCE North 36 degrees 40 minutes 59 seconds West a distance of 103.06 feet; THENCE North 31 degrees 43 minutes 22 seconds West a distance of 85.99 feet to the southerly right-of-way of West Lucero Road as shown in Book '19 of Maps and Plats at Page 11; THENCE upon said southerly right-of-way, North 89 degrees 24 minutes 37 seconds East a distance of 75.15 feet; THENCE South 30 degrees 04 minutes 38 seconds East a distance of 44.53 feet; THENCE South 38 degrees 51 minutes 22 seconds East a distance of 105.39 feet; THENCE South 31 degrees 43 minutes 27 seconds East a distance of 33.65 feet to said west line of the southeast quarter of the southwest one-quarter of said Section 15; THENCE upon said west line, South 00 degrees 37 minutes 06 seconds East a distance of 101.74 feet POINT OF BEGINNING. E:lO6O781031Lega1sl:asemeut-1 A.rtf Page 1 of 3 See Exhibit B attached hereto and made a part hereof. Containing 16740 square feet of or 0.3843 acres of land, more or less. Prepared for and on behalf of: Psomas te. Lan, ,e,"-Tit.'7.. e`bil-fA ti k',,, 0,. ti /61.4149459 0 f ... PATRICK NcGARR1TY res! led O Z /ZONAUS'' s 3 MVP Patrick McGarrity, AZ. R.L.S. 49459 E:106078\031T.egals\Easement-1 A.rtf Page 2 of 3 <! 1 O' `I �=` 0' / 's ' I n W, Q; 0-I t 60' BK. 19, M&P, __ r PG. 11 ��......__.......----..._.. --- --... _ / �;. ; �.__...._... _ _ — - r _ - ` - _ .- - -- ` - W. LUCERO'RD. 'i 1191%,„...(A, —i--- _"`• R W LINE ',0'�����_; SE 1/4, SW 1/4, SEC. 15 0.3843 -% A ` % ,,,cam :` it.e --go .n. < ''-y* P.O.B. 24-39--0200 Li ` DK. 13797, PG. 3011 w wt� Ww o 224-40-0190 N N P.O.C. TAYLOR, P. & H. c, S. 1/4 COR., SEC. 15 E 1911 W. LUCERO RD. O BCSM MKD. po DK. 9399, PG. 278 z "US,GL0,1913,515/S22" IL.- 1____1319.61' -�. S 89'23'12" W 2639.22' U 0 (BASIS OF BEARING) r N SW COR., SEC. 15 S. LINE, SW 1/4 BCSM MKD. . "PCHD, S16/S21 JS15/S22" 0 E LINE BEARING DISTANCE L1 S 57'39'47" W 14.66' -0 L2 N 31'43'27" W 120.20' L3 N 36'40'59" W 103.06' L4 N 31'43'22" W 85.99' Ef J L5 N 89'24'37" E 75.15' 0 0 L6 S 30'04'38" E 44.53' L7 S 38'51'22" E 105.39' Q i . L8 S 31'43'27" E 33.65' E L9 S 00'37'06" E 101.74' E 2 o I - EXHIBIT "B" r3 8 P S 0 MAS DRAINAGE EASEMENT i- BOOL bcd,Salh 11D,Tim,AZ 16119 A PORTION OF DK. 9399, PG. 278200' 2 Is Ted (sem)202-2380 PO)441-5875 SCALE: 1" = , } -1 SECTION 15, T 12 S, R 13 E thltilhalle 0 N. GILA & SALT RIVER MERIDIAN, PIMA COUNTYARIZONA % 06078-03 DATE: OCTOBER, 2011 ® DRAWN BY: SM Page 3 of 3 (— F. ANN RODRIGUEZ, RECORDER 111111111111111111111111111111111111111111111111111111111111111 Re,cordec By: LD a PIAT v DEPUTY RECORDER ,��'' �0 SEQUENCE: 20120460618 41K'. M t'` NO. PAGES: 5 SOROV "� -'s- '11119413 i ' EASMNT � 02/15/2012 TOWN OF ORO VALLEY 11 Izo Q' 18:00 11000 N LA CANADA DR MAIL ORO VALLEY AZ 85737 AMOUNT PAID: $8.00 I Oro Valley, Arizona 85737 DRAINAGE EASEMENT Shawn L. Ricksecker and Jennifer L Huckins-Ricksecker, Trustees ("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 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 to day of Feb 0-v ,i1 , 2010 ' 7 GRANTORS .-- -, Shawn L. Ricksecker, Trustee - / By: . -_ ..,L40, _�- ennife ' . Huckins-Ricksecker, Trustee State of Arizona ) ) ss. County of Pima ) On this /0 day ofrt,tour , 20 ,.Shawn L. Ricksecker and Jennifer L. Huckins-Ricksecker, Truste , known to me to be the persons whose name is subscribed to the within instrument, -sonally appeared before me and acknowledged that they executed the same for the ppo es contained. Given under myhand and seal on Yt<Jti' _ , 20 _ _'- i:::441,4,4„ i 4Carmen Ryan / �^ NotaryPublic Arizona 6, Pima County 1912 My Commission Ex sires 701/2014 Notary MyCommission Expires: 1 2)1/p \\Lexicon\agendaquick\PackctPrintcr\AGENDA\TC\ItemU6_H_Att4_Rick cckcr DE.doc GRANTEE TOWN OF ORO VALLEY j/7-4 - Dr. Satish I. Hir math, Mayor ATTEST: APPROVED AS TO FORM: ZPIV1/-- J - . Bower, Town Clerk Tobin Rosen, Town Attorney Date: lay Date: \\Lexicon\agcndaquick\PackctPrintcr\AGENDA\TC\ItciuO6_H_Att4_Rickse kcr DE.doc • EXHIBIT "A" \\Lexicon\agendaquick\PackctPrinter\AGENDA\TC1[tcnu06_H_Att4_Rickscckrr DE.doc October 19, 2011 Psomas # 06078-03 EXHIBIT A LEGAL DESCRIPTION DRAINAGE EASEMENT A portion of that parcel described in Docket 13797, Page 3011, Records of Pima County, located in the southwest one-quarter of Section 15, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the south one-quarter corner of said Section 15, monumented by a brass disk, marked "US, GLO, 1913, 5151522", from which the southwest corner of said section, monumented by a brass disk marked "PCHD, S16/S211S15/S22" bears South 89 degrees 23 minutes 12 seconds West (basis of bearing for this legal description) a distance of 2639.22 feet; THENCE upon the south line of the southwest one-quarter of said Section 15, South 89 degrees 23 minutes 12 seconds West a distance of 1319.61 feet to the west line of the southeast quarter of the southwest one-quarter of said Section 15; THENCE upon said west line, North 00 degrees 37 minutes 06 seconds West a distance of 362.21 feet to the POINT OF BEGINNING; THENCE continue upon said west line, North 00 degrees 37 minutes 06 seconds West a distance of 101.74 feet; THENCE South 31 degrees 43 minutes 27 seconds East a distance of 86.55 feet; THENCE South 57 degrees 39 minutes 47 seconds West a distance of 52.57 feet to the POINT OF BEGINNING. See Exhibit B attached hereto and made a part hereof. Containing 2275 square feet of or 0.0522 acres of land, more or less. Prepared for and on behalf of: ;,,(,q 4 Psomas ,e, 1" 767 49459 PATRICK MCGARRITY Ns, 9ried .q,?/ZO N A u.°,. �./ ps 3 lre � Patrick McGarrity, AZ. R.L.S. 49459 E:106078\03\LegalslFasement-I l_Huckins-Ricksecker.rtf Page 1 of 2 1 Qi PL Q_ LTJ IT da i � 60' BK. 19, M&P, / / 1----- { i PG. 11 cjal — W. LOCERO RD. — 1 ... W. LINE o 2,275 SE / 1/4, SW 1/4, SEC. 15 SF ± a . L1 =',4,:t' 0 224-39-0200 o r�� 6 ,�. HUCKINS—RICKSECKER i DK. 13797, 3 PG. 3011 C0 0+61 a N � NI P.0.0. 224-40-0190 o In S. 1/4 COR., SEC. 15 DK. 9399, o BCSM MKD. . PG. 278 "US,GL0,1913,S15 S22" ;," ' JD_ ._.._.___ _____ __ 1.--- 1319.61' �-- 3' -~~ S 8923'12" W 2639.22' -6 ) 2 (BASIS OF BEARING -, a) SW COR., SEC. 15 S. LINE, SW 1/4 - 1 BCSM MKD. "PCHD, S16/S211S15/S22" U CL i LINE BEARING DISTANCE x•R Li N 00'37'06" W 101.74' L2 S 31'43'27" E 86.55' 1 L3 S 57'39'47" W 52.57' C a) E a) o .,.:,., :, ,--- EXHIBIT "B" __,:-:-- ----, ./. ....,„ 4 WI) PS OMAS DRAINAGE EASEMENT - ''' N -- -,-.:. 6:0 F. SA 118.T ,,u 1: A PORTION OF DK. 13797, PG. 3011 SCALE: 1" = 200' Tel (520)�s�o}292-2300 (goo)441-5875 SECTION 15, T 12 S, R 13 E 00 to(520}21t-f 8o ° 'deaubst GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA 0 cn 06078-03 DATE: OCTOBER, 2011 0 DRAWN BY: SM Page 2 of 2 Li