HomeMy WebLinkAboutEasements - 10/11/2011, Resolution 11-61 Slope Easemnt. acquisition agreement between TOV & Maria & Deloy Wolfle RF.eco dedOByIG WZ, RECORDER 111111011111111111111111101111111111111111111111111111111
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DEPUTY RECORDER ti `9
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SOROV �\ v �iil '� RES 10/11/2011
TOWN OF ORO VALLEY ;,\y";;3
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11000 N LA CANADA 9��0lAts.
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ORO VALLEY AZ 85737 AMOUNT PAID: $18.00
RESOLUTION NO. (R)11-61
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING A SLOPE EASEMENT ACQUISITION
AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND
DELOY E. AND MARIA D. WOLFLEY FOR A PORTION OF
PARCEL 224-27-2900 FOR THE LAMBERT LANE PROJECT
BETWEEN LA CANADA 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. § 9-276, the Town is authorized to lay out, maintain,
control and manage public roads within its jurisdictional boundaries; and
WHEREAS, Deloy E. and Maria D. Wolfley ("Owner") own real property located at
10401 N. Pecan Place, Oro Valley, Arizona 85737, Parcel Number 224-27-2900; and
WHEREAS, the Town requires a slope easement outside the right-of-way on the
Owner's property for the Lambert Lane Project, OV 30 99/00 07, between La Canada
Drive and Pusch View Lane; and
WHEREAS, the Town and Owner desire to enter into an Easement Acquisition
Agreement in order to set forth the terms and conditions of the Agreement; and
WHEREAS, it is in the best interest of the Town to approve the Easement Acquisition
Agreement between the Town and the Owner to allow the Town legal access for the
Lambert Lane Project.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley that Easement Acquisition Agreement between the Town of Oro Valley and
Deloy E. and Maria D. Wolfley, attached hereto as Exhibit "A"
and incorporated herein by this reference, is hereby authorized and approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley this
21st day of September, 2011.
TOWN OF ORO VALLEY
(A#71#
Dr. Satish I. Hiremath, Mayor
ATTEST: APPROVED AS TO FORM:
— .
7 1/L
Mie K. Bower, Town Clerk Tobin Rosen, Town Attorney
Date: / ? ?/J/
Date:
http//192 168 3 52/docs/2011/TC/20110921_98/660_Resolution RI 1-61 Wolfley Slope Easement doe Town of Oro Valley Attorney's Office/ca/0810 II
EXHIBIT "A,
http://192.168.'t._52/docs/201 1/TC/201 10921_98/660_Resolution RI 1-61 Woltley Slope Eascmcnt.doc Town of Oro Valley Attorney's Office/ca/081011
TOWN OF ORO VALLEY
EASEMENT ACQUISITION AGREEMENT
This Easement Acquisition Agreement ("Agreement") is made by and between
Deloy E. and Maria D. Wolfley TR (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
Parcel # 224-27-2900
(the Owner's "Property") as described in Exhibit "A", including all improvements
located thereon.
2. 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 Slope Easement to the Property. The
Slope Easement transferring said easement from Owner to the Town shall be in
substantial conformance with the Slope Easement form attached hereto as Exhibit "B".
The Town shall also acquire a Temporary Construction Easement in substantial form,
attached hereto as Exhibit "C".
3. Slope Easement. The Owner shall convey to the Town the Property, free and clear of all
liens and encumbrances and subject only to those matters identified in the Title Report,
attached hereto as Exhibit -D".
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. Title Search. In the event the title to the Property cannot be cleared to the satisfaction of
the Town pursuant to a title search, this agreement shall be void.
6. 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.
7. Payment. The Owner acknowledges. agrees and elects a money payment of
Forty Four Thousand Dollars ($44,000.00) which includes the cost of all
easements and which payment is in lieu of the Town's installation of a six (6) foot wall
and re-vegetation of the Property.
rh,umen, ,k.gtS. :nternr,I tie,,t).A,1 4.4Thrm Atp_ixibtvt
8.. Waiver. The Owner accepts Forty Four Thousand Dollars
($44,000.00 ) 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 Slope 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.
9. Closing. Closing shall be on or before the 30th day after the date of execution of
this Agreement.
10. 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.
11 . 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.
12. 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 prior 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.
13. No Leases. The Owner warrants that there are no oral or written leases on any portion of
the Property.
14. Closing Costs. 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.
15. 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
Construction of Slope Improvements located therein
D.,,ohera,am; “cal Seising, cinfu,41r frocluoktWKALmert Akaitthutson Agretment VrolOvN
16. No Sale, The Owner shall not sell or encumber the Property before closing.
17. 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.
18. Survival of Representation and Warranties. All representations and warranties
contained herein shall survive the closing.
19. 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
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 OWNER
....
le__/-1-- Milt ?LitklWL, E..Y._
Print Naiiie Print Name
STATE OF ARIZONA)
) ss
COUNTY OF PIMA
On this2:?-, day of SR:Cl/Wit 4 . 20 ( 1 , before me, jh, e subscriber personally
appeared lo ' '''N 1/4,0 and ry‘c,11 ‘61:. LAuoi.‘---tb4( , to me known
and known by me to be t e persons who executed the within Agreement and they duly
acknowledged to me that they executed the same.
Ls„,-,
Notary 1 .
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My Commission Expires: :i\- \ \ 09 -Zu-\13 6 ,1,4,,,„,
NOTApOUNTY
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TOWN OF ORO VALLEY --,.: AProo9,ma
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ATTEST: APPROVED AS TO FORM:
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jae K. Bower, To Clerk Tobin Rosen,Town Att-61--n-c.- --------)
Date: Date:
i: /04.1cA 7 i// •
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EXHIBIT "A"
Legal Description
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,,,,2...)11);,..;er.iplion I hairionion a I. i - 78..of\loiw ()ro. .;=, subdivision in Pima
z.tct) dtrig. to thc map Or Plat thereof ols re.rord n ihe office of the County Recorder 01
I' ma I mat An inna. n 27 ofrnap,and plats. page 99. being mare particularly described
Orrlint4rit,"ink! O'niCI at Said hit T .
North x9 32scand Last inwaslai:0) North K9 degrees 34.) ininuivs
Ld,U1.i,2 he Sonth line at said Lot 178. ,ai,.1 !ine aka being the Nnnhei It
7!•,:h•i' !MC' 1 a r.c11")::-rt inc 3S it noti. C S tsts. a Littance 12.(.10 leel trocord and
' 'a-arid tIre poirt 1 hecannair. said point he I h c.ouiheast odlnk.r (4 a Lirains-qz,e and
ii i 11 Of \nit,r1'.1 U.'', CO.Irtit'd per docket rISh' rag C
cLited •:iyi):.c. in 1)11-miunit. Arizonzi:
nib hr It. a mintit.L.s 34 seconds \k xi I inex.s.tired)t orth 1.10 degrees 00 minutes
\k'es1 :1[014: the bast line kit said drainal.;t: and rrulintenance easement
t,I uti feel in.),:;isuredi to a point:
Nor,l) 4,tc-)2r : S mirulte, second.; kaq measured distance AO' 11)7. I feet
fr:CA,urd Itt 'it ill Ii 1 ur,;flive
11,,,,),:c I jgcril :1;014:;$ C art ed hTie COTh a t7 to the Nonh ha k irq.:. .A.t..cturnI ;m0c of tre's :SQ
;nIta iw al 11}1 1 aid Us Or I•S 20.41) (Cel rtit.:Icurt113n an: icngth„t-126 .5s
to
.1 Isomt ii the inters.ection of a curved line said line i-teln).: the liasterl\ ;,1 said
0. I Th aba heirie he riOli of walrn if'Pecan Pla .
hence ,:otith\kcstell‘ ;1;01.4.! said ,curscil inC heinv conca%e to the Northwest has ing a central
an,:de oi Oh decree 47 !rinutes 02 seconds (measured) With a radius of 2s.. .Wieet (record and
measured I and ire length al 20.14 feet (measured)to a point 04, compound cur-%31 are. said point
heinc on the South line of Lot 17X also being an the Northerly right of way line of
amhen I ane as it nos‘ exists:
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{1 �� NEW SLOPE EASEMENT MIRE it OROVALLAZ S12j
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EXHIBIT "B"
Slope Easement
tScnimg,,Temr,Var,' ftk,,OLKA4,,er,5,01,1 Acqu,s,.14:Apreetneni ,2,
Print Form
When recorded send to:
Joseph N. Andrews
Chief Civil Deputy Town Attorney
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, Arizona 85737
SLOPE EASEMENT
Deloy E. and Maria D. Wotfley TR
Grantors does hereby convey unto the Town of Oro Valley (Grantee), a municipal
corporation of the State of' Arizona. a Slope Easement on the Property described in
Exhibit -A".
The Grantee shall have the right to construct a slope on the above described property.
Grantors waive and release Grantee from all claims for damages or compensation for and
on account of constructing and sloping the above property.
Dated this 2,3 day of ira.
N)
1 ID& -41
Granto Grantor
STATE OF ARIZONA
) ss
COUNTY OF PIMA
This instrument was subscribed, sworn to. and acknowledged before me this 2
day of 2011_.
ST\
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411‘' '4441 41'
Not ary lic
A,GOLDKUH
wadow* NOIARY Puaut.,-A miZONA
_ _L,
My Commission Expires: ow.Ar PIMA COUNTY
my Commisvon Expires
•• i 09 2013
GRANTEE
TOWN OF ORO VALLEY
ti7t.
Dr. Satish 1. Hirernath. Mayor
ATTEST: APPROVED AS TO FORM:
diltria#
J"re K. Bower, Town Clerk Tobin Rosen, Town Attorney
Date: 'VA? 7/i ( Date: 4
f J sr-rur.1
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
Scnings,Trmpolme interno hit,,Ot.K.A1:4,4erslew Acqu3.11.or,Actvrnent We.vitic:k ,kx:
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
For and in consideration of the sum of One Dollar($1.00)and other valuable consideration, Deloy E. and
Maria D. Vs oIllev ("Grantors") do hereby grant to the Town of Oro Valley, a municipal corporation of
the State of Arizona ("Grantee11), a Temporary Construction Easement in connection with the construction
of LArca...lip rovena ("Project"). The purpose of this Temporary Construction
Easement is to allow Grantee, its agents,contractors and assigns_to use the property,as described herein,for
construction of the Project and appurtenances. This Temporary Construction Easement shall be on, over
and across real property legally situated in the Town of Oro Valley, Arizona,more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference ("Premises").
The term of this easement shall beak calendar days, commencing on J 3 "ri
with completion on . ,74.5 with an option to continue beyond the term for an additional
calendar days. In the event completion of the Project occurs earher than the term of this easement,
Grantee shall terminate this easement by written notice to Grantors.
Grantors covenant to and with Grantee and its assigns that it is lawfully seized and possessed of the
Premises.that it has good and lawful right to grant said easement interest and that it warrants and will defend
the title to said easement interest against all claims.
Grantee shall repair and restore the Premises to a like and equivalent condition as existed prior to the
construction activity and shall he responsible for any damage,claims or loss occurring on the property during
the term ol this easement caused by Grantee's negligent use of property or by negligent acts or conduct of
its employees. agents. contractors or assigns.
Dated this 3 day of , 20 .
410 $7„,wf
GRA TOR GRANTOR
Pe/off Zei a/I/47 j4medIvo FLEV
Printed/Name Printed Name
State of Arizona )
) ss.
County of Pima )
0. i . ,‘,''''el in „ ,,,, i
On this 4i/2 day of ....ki, !,,yiks1 ,,i , 201 k , IA, L-Nif '',..A.)C‘;1:- LQA-if
and known to me to he the persons whose names are subscribed to the
‘.. .,..
within instrument, personally appeared before me and acknowledged that they executed the same for the
purposes contained.
/--r, ' , ,, .
Given under my hand and seal on this sit/,4"-) day of It-t MU,;(k14 , 20\ 1 .
1 - S-)
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Notaryfi r,..72.^,Z,>.-•," - "*•:',...,...:,'...r.„.',=,,,_'-',..... .",....-.**`,....'",....'",,,..'",,....*
\( 40111F0, A.GOLDKUHL
II, - NOTARY PUBLIC-ARIZONA
1 AMpAr 0 Co 97 2U0N1:Y
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My Commission Expires: 4::',\\,, \ (.,) L.', ...,) ) 1,. ;.,,, ,::,`f4...,
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EXHIBIT "D"
Title Report
DR.F,M:INELRINC,CANT AL PRO5ICTS'FNG12 DTZSItiN ,f,'Norfir Lantrat DraHl.a.gC&Slept 12],..cipit,F.t.tracrit Acquisttim ArTation Wont,
First American Title
-- ---
1. z-Special Report
No. 5320201
SPECIAL REP~~...
SCHEDULE A
1. This report is for informational purposes only and is not to be considered as a commitment to
issue any form of Title Insurance Policy. This report is for the sole use and benefit of the parties
set forth in Number 2 below and liability is hereby limited to the amount of the fee paid.
This report was prepared from only those items of public record shown in the title plant indices of
the issuing company to show the condition of title as reflected by same. Those items to which
the hereinafter described land is subject are set forth in Schedule 8, Part Two. No attempt has
been made to reflect the condition of title relating to the items set forth in Schedule B, Part One.
2. For the use and benefit of:
Town of Oro Valley
3. The Title to the fee estate in the land described herein is at this date hereof vested in:
Frank Greth and Shery Ann Greth, husband and wife as joint tenants with right of survivorship,
as to Lot 177 of Parcel No. 1; Deloy E. Wolfley and Maria D. Wolfley as Co-Trustees of The
Wolfley Family Living Trust dated September 25, 1997, as to Lot 178 of Parcel No. 1, Danny 3.
Hughes and Donna Lynn Hughes,as Trustees of the "Hughes Family Trust dated February 08,
2007 as to Parcel No. 2 and James A. Hunsberger and Penelope Hunsberger, as Co-Trustees
under the Hunsberger Trust dated December 19, 2001, as to ParceNo. 3
4. The land referred to in this report is situated in Pima County, Arizona, and is described as:
SEE EXHIBIT"A"ATTACHED HEREIN
Search made to July 15, 2010 et7:3DA.M.
FIRST AMERICAN rrnE INSURANCE COMPANY
By: KymFm/che')djm (602)685-7281
__- --
First American Title
- -F|rst/\rnehoanTit|e
First American Title
No. 5320201
EXHIBIT"A"
PARCEL NO. 1:
LOTS 177 AND 178, OF MONTE DEL ORO, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 27 OF MAPS, PAGE 99 AND
MINOR PLAT CHANGE RECORDED AS DOCKET 12950, PAGE 550 AND RECORDED AS DOCKET 13794,
PAGE 638.
EXCEPT ALL COAL AND OTHER MINERALS,AS RESERVED IN PATENT FROM UNITED STATES OF
AMERICA.
PARCEL NO. 2:
THAT CERTAIN PORTION OF LOT 187,OF MONTE DEL ORO, A SUBDIVISION OF PIMA COUNTY,
ARIZONA,ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER OF PIMA COUNTY, ARIZONA,IN BOOK 27 OF MAPS AND PLATS AT PAGE 99 AND MINOR
PLAT CHANGE RECORDED AS DOCKET 12950, PAGE 550 AND RECORDED AS DOCKET 13794, PAGE 638
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 187, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE ALONG THE NORTH LINE.OF SAID LOT 187 AT NORTH 85 DEGREES 04 MINUTES 07 SECONDS
EAST, A DISTANCE OF 201.66 FEET,TO A POINT;
THENCE SOUTH 05 DEGREES 20 MINUTES 54 SECONDS EAST, A DISTANCE OF 347.10 FEET,TO A
POINT OF NON TANGENT CURVATURE, WITH THE RADIUS AT NORTH 12 DEGREES 31 MINUTES 17
SECONDS WEST, ON THE SOUTH LINE OF SAID LOT 187 AND ALSO LYING ON THE NORTHERLY RIGHT
OF WAY OF LAMBERT LANE AS IT NOW EXISTS;
THENCE ALONG A CURVE CONCAVE TO THE NORTH ALONG THE NORTH RIGHT OF WAY OF LAMBERT
LANE,WITH A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 54 SECONDS A RADIUS OF 1,834.86
FEET, AN ARC DISTANCE OF 173.94 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST WITH A CENTRAL ANGLE OF 91 DEGREES 45
MINUTES 08 SECONDS A RADIUS OF 25,00 FEET, AN ARC DISTANCE OF 40.03 FEET,TO A POINT OF
TANGENCY LAYING ON THE WEST LINE OF SAID LOT 187 AND THE EASTERLY RIGHT OF WAY LINE OF
PECAN PLACE;
THENCE ALONG THE WEST LINE OF SAID LOT 187 AT NORTH 05 DEGREES 20 MINUTES 54 SECONDS
WEST, A DISTANCE OF 274.16 FEET,TO A POINT OF CURVATURE;
THENCE ALONG A CURVE CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 04 DEGREES 37
MINUTES 40 SECONDS EAST,A RADIUS OF 780.00 FEET, AN ARC DISTANCE OF 63.00 FEET TO THE
POINT OF BEGINNING.
EXCEPT ALL COAL AND OTHER MINERALS, AS RESERVED IN PATENT FROM UNITED STATES OF
AMERICA.
PARCEL NO. 3:
I
First A! - '=' Ftlf§PIMA COUNTY,ARIZONA, RECORDED IN BOOK 27 OF MAPS, PAGE 99 AND MINOR PLAT
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No. 5320201
CHANGE RECORDED AS DOCKET 12950, PAGE 550 AND RECORDED AS DOCKET 13794, PAGE 638.
EXCEPT ALL COAL AND OTHER MINERALS, AS RESERVED IN PATENT FROM UNITED STATES OF
AMERICA.
EXCEPT A PORTION OF THE LAND DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 187, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE ALONG THE NORTH LINE OF SAID LOT 187 AT NORTH 85 DEGREES 04 MINUTES 07 SECONDS
EAST, A DISTANCE OF 201.66 FEET,TO A POINT;
THENCE SOUTH 05 DEGREES 20 MINUTES 54 SECONDS EAST, A DISTANCE OF 347.10 FEET,TO A
POINT OF NON TANGENT CURVATURE, WITH THE RADIUS AT NORTH 12 DEGREES 31 MINUTES 17
SECONDS WEST,ON THE SOUTH LINE OF SAID LOT 187 AND ALSO LYING ON THE NORTHERLY RIGHT
OF WAY OF LAMBER LANE AS IT NOW EXISTS;
THENCE ALONG A CURVE CONCAVE TO THE NORTH ALONG THE NORTH RIGHT OF WAY OF LAMBERT
LANE, WITH A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 54 SECONDS A RADIUS OF 1,834.86
FEET, AN ARC DISTANCE OF 17194 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST WITH A CENTRAL ANGLE OF 91 DEGREES 45
MINUTES 08 SECONDS A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 40.03 FEET,TO A POINT OF
TANGENCY LAYING ON THE WEST LINE OF SAID LOT 187 AND EASTERLY RIGHT OF WAY UNE OF
PECAN PLACE;
THENCE ALONG THE WEST LINE OF SAID LOT 187 AT NORTH 05 DEGREES 20 MINUTES 54 SECONDS
WEST, A DISTANCE OF 274.16 FEET,TO A POINT OF CURVATURE;
THENCE ALONG THE CURVE CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 04 DEGREES 37
MINUTES 40 SECONDS EAST, A RADIUS OF 780.00 FEET,AN ARC DISTANCE OF 63.00 FEET TO THE
TRUE POINT OF BEGINNING.
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No. 5320201
SCHEDULE B
PART ONE:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public
records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water; whether or not the aforementioned
matters excepted are shown by the public records.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
7. Lack of a right of access to and from the land.
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No. 5320201
SCHEDULE B
(All recording data refers to records in the office of the County Recorder in the County in which the land
is situated.)
EXCEPTIONS:
1. Taxes for the full year of 2010.
(The first half is due October 1, 2010 and is delinquent November 1, 2010' The second half is
due March 1, 201I and is delinquent May 1, 2011.)
2. Any charge upon said land by reason of its inclusion in Monte Del Oro Homeowners Association.
3. The right to enter upon said land and prospect for and remove all coal, oil, gas, minerals or other
substances, as reserved in the Patent to said land.
4. Easements, restrictions, reservations, conditions and set-back lines as set forth on the plat
recorded as Book 27 of Maps, Page 99, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin to the extent such covenants, conditions or restrictions violate 42
USC 3604(c).
Thereafter Minor Plat change recorded as Docket 12950, Page 550 and recorded as Docket
13794, Page 638.
5. Covenants, conditions and restrictions in the document recorded as Docket 5981, Page 132;
document recorded as Docket 6252, Page 570 and amended as Docket 7155, Page 225, but
deleting any covenant, condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national origin, to the extent such
covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes.
6. The terms, conditions and provisions contained in the document entitled "Agreement"
recorded June 04, 2010 as Docket 13823, Page 556.
(Affects Lot Nos. 177, 178 of Parcel No. 1)
7. All matters as set forth in Resolution No. (R)02'60, recorded August 13, 2002 as Docket 11862,
Page 3248.
(Affects Lot No. 178 of Parcel No. 1)
8.
All matters as set forth in Lambert Lane Right of Way Retracement Survey, recorded as Book 71
of Surveys, Page 1.
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(Affects Lot Nos. 2 and 3)
10. An easement for drainage, maintenance and incidental purposes, recorded as Docket 11862,
Page 3244.
(Affects Lot No. 177)
11. An easement for right of way and incidental purposes, recorded as Docket 6008, Page 928.
12. An easement for communications facilities and incidental purposes, recorded as Docket 9833,
Page 1216.
(Affects Lot No. 3)
13. A Deed of Trust to secure an indebtedness of$317,500,00, recorded December 11, 2007
as Docket 13199, Page 3619.
Dated: December 10, 2007
Trustor: Frank Greth, Sherry Ann Greth, husband &wife
Trustee: JPMorgan Chase Bank, N.A.
Beneficiary: Mortgage Electronic Registration Systems, Inc and JPMorgan Chase
Bank, N.A.
(Affects Lot No. 177 of Parcel No. 1)
14. A Deed of Trust to secure an indebtedness of$354,907.00, recorded June 27, 2008 as Docket
13337, Page 486.
Dated: June 20, 2008
Trustor: Deloy E Wolfley and Maria D Wolfley, husband and wife and Rodney M
Wolfley, an unmarried man
Trustee: Lawyers Title of Arizona, Inc., an Arizona corporation
Beneficiary: Mortgage Electronic Registration Systems, Inc and GMAC Mortgage, LLC
f/k/a GMAC Mortgage corporation
(Affects Lot No. 178 of Parcel No. 1)
15. A Deed of Trust to secure an indebtedness of$105,050.00, recorded February 26, 2007
as Docket 12999, Page 2169.
Dated: February 05, 2007
Trustor: Danny 1 Hughes and Donna Lynn Hughes, husband and wife and Floyd
Hughes, a single man, by Danny J. Hughes, his/her attorney in fact,
whose power of attorney is attached hereto,joint tenants with full rights
of survivorship
Trustee: Title Source, Inc.
Beneficiary: Mortgage Electronic Registration System, Inc and Quicken Loans Inc.
(Affects Parcel No. 2)
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16. A Deed of Trust to secure an indebtedness in a Revolving Loan Agreement with a credit limit in
the principal amount of$100,000.00, together with any and all other obligations secured thereby,
recorded June 24, 2008 as Docket 13334, Page 2843.
Dated: February 08, 2007
Trustor: Danny J. Hughes and Donna Lynn Hughes, trustees of the Hughes
Family Trust dated February 8, 2007
Trustee: U.S. Bank Trust Company National Association
Beneficiary: U.S. Bank National Association N.D.
(Affects Parcel No. 2)
17. Water rights, claims or title to water, whether or not shown by the public records.
End of Schedule B
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