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Home My WebLink AboutEasements - 11/7/2011, Resolution 11-69, approving the granting of a Utility Easement to TOV from Patrick J. and ANN RODRIGUEZ, RECORDER 1111111111111111111111111111111111111131111101111111111111 Recorded By: RJL DEPUTY RECORDER —0/VAL. SEQUENCE: 20113110100 • 32 NO. PAGES: 10 W4 w TOWNVOF ORO VALLEY WATER UTILITY �Y� � � �hi RES 11/07/2011 11000 NLA CANADA DR �9 _'� Q 10:48 ZtIZ01`t+ MAIL ORO VALLEY AZ 85737 AMOUNT PAID: $10.50 RESOLUTION NO. (R)11-69 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 PATRICK J. AND ANTOINETTE V. ROBINSON 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, Patrick J. and Antoinette V. Robinson ("Robinsons") are the owners of certain real property (the "Property") located at 11571 N. Mountain Breeze Drive, Oro Valley, Arizona 85737; 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 Robinsons 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 Patrick J. and Antoinette V. Robinson 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 ' r r r. Sails I. Hire ath, Mayor ATTEST: APPROVED AS TO FORM: : L2,4.,/lfr 1 I Julie K. Bower, Town Clerk Tobin Rosen, Town Attorne Date: JI Date: t \\Lexicon\agcndaquick\PackctPrinter\AGENDA\TC\Itcm06_H_Attl_R,so 11-69.doc Town of Oro Valley Attorney's Office/ea/101211 EXHIBIT "A" \\Lexicon\agendaquick\PacketPrinter\AGENDA\TC\ItemO6_H_Att1_Reso 11-69.doc Town of Oro Valley Attorney's Ofiiceka/101211 UTILITY EASEMENT Robinson Patrick J & Antoinette V. Robinson TR , ("Grantor"), does hereby grant to 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. 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 he/she holds good title to the burdened land, 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 as fully and completely as though such easements and rights were recited fully and set forth in their entirety in such documents. C:\Documents and SettingslrjaciditchlLocal Settings\Teihporary Internet F1es\OLK961Water Utility Easement Revised 032408.doc THIS EASEMENTanted this ( (i" day. of &pfrr . ' , 2011 . � GRANTOR • ByC. • if-094_,SChk.)i &ALLet-s--- Title: STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) 'TVs instrument was acknowledged before me this/.(4. day of SQ Aief t , 20 I i , by -r e eat e --c)CLAJL01-,.. Notary Public MyCommission Expires: '-� 1. 1� i1 p r+ 0i3tR0safl /l976 ••7s1.01 PAULETfE CAROM 41JNotary Public-State°Mama PIMA COUNTY Imy Comm,Expires April 102011 K 0 mom K M*an0i M R lam to arm•f1 son!t a mew gm Rs C:1Documents and SettingslrjacklitchlLocal SettingssTemporary Internet Files\OLK96\Water Utility Easement Revised 032408.doc • GRANTEE TOWN OF ORO VALLEY Or. Satish . Hiremath, Mayor ATTEST: APPROVED AS TO FORM: 1,01f Julie K. Bower, Town Clerk Tobin Rosen, Town Attorney ilik Date: d ,' 1t Date: I F:\Watcr Utilitv'Misc\Robinson-Easement Mater Utility Eascmcnt.doc C:\Documents and Settingskjacklitch\Local Settings\Temporary Internet Files\OLK96\Water Utility Easementdoc J C 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: The West 30 feet of that parcel described in Docket 12361, Page 4249, recorded in the Office of the County Recorder of Pima County, Arizona. %, * AND 44-' c 1CATe '5‘((pz. 4: 31 029 15\ "ie.STEVEN S. 1) o OWENS � 8/18/1 y g� i9ned--- P 0NA U.5 EXP. 03/31/12 0 C:\Documents and Scttings\rjacklitcb\L.ocal Settings\Temporary Internet Files1OLK96\Water Utility Easemenidoc RCKE178172 PAGE 1764 (NO SCALE) 30-FOOT-WIDE ACCESS AND UTIIJTY EASEMENT DOCKET 12361 PAGE 4249 ASSESSOR'S PARCEL NO. 224-11-055E (AUGUST 2011) i`,��P - - - - - - - - - - - - - - - - AN s F tCArF G,Q 1CKET1215 ;I I PAGE 6360 STEVEN9 S. 90 �� o OWENS kv I 1;.p ned <ONA U.S EXP. 03/31/12 NARANJA DRIVE EXHIBIT SKETCH FOR 30-FOOT ACCESS AND UTILITY EASEMENT � Cardinal 425 S. Plumer, #102 SECTION 4, T.12 S., R.13 E., G.& S.R.M. � • Tucson, Arizona 85719 V....1# Land Surveying Tel. (5zo) 798-3603 PIMA COUNTY, ARIZONAFAX (520) 798-3832