HomeMy WebLinkAboutEasements - 12/7/2010, Drainage Easement, Ray & Sunya Bauer (Grantors), La Cholla Blvd. F. ANN RODRIGUEZ, RECORDER DOCKET: 13950
RECORDED BY: LD PAGE: 1195
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DEPUTY RECORDER 4y NO. OF PAGES:
9645 PE-1 w !. f, O SEQUENCE: 20102340430
SOROVw�. '�'� ;
;, ' Z 12/07/2010
TOWN OF ORO VALLEY � �. 'y
'�' EASMNT 14:41
11000 N LA CANADA 1/01014t".
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 9.50
Oro Valley, Arizona 85737
DRAINAGE EASEMENT
Ray Bauer and Sunya S. Bauer ("Grantors") do hereby convey to the Town of Oro
Valley, a municipal corporation of the State of Arizona ("Grantee"), an easement for the
construction and maintenance of a channel, including but not limited to, drainage
improvements over and across the property described on the attached Exhibit "A" (the
"Property").
Grantee shall provide Grantors with a current, acceptable, scale copy of the Lomas de
Oro Bank Project Plan ("Project"), with profile of a typical section of S.15, T12, R13,
reduced to 8/12" x 11" illustrating easement widths, of that portion crossing Grantors
land, incorporating all changes agreed to on 09/02/2010 with Town Engineer, including
north and south driveway profiles presented and incorporated into the 100% design
drawings, with assurance of no grounding of, or damage to , any potion of any and all
vehicles and trailers, now in use, while traversing these driveways
Grantee's Project copy shall illustrate familiar landmarks, fences, trees and houses in
their actual physical location in relation to the Project so that Grantors may easily
determine the placement of the new drainage way location across the Grantors property.
Grantee shall notify Grantors of entry on, upon or across Grantors Property for the
original construction work and for each maintenance or repair activity thereafter in
perpetuity.
Grantee agrees that the perpetual maintenance of the Property shall include the
maintaining of original channel specifications, construction integrity and easement
infrastructure including culverts, dip crossings Grantee installed vegetation, and
scheduled elimination of weeds in and along channel banks.
Grantee shall have the right to traverse, inspecti repair or use the Property at any time,
providing such uses are within channel bank confines, on weekdays during permitted ro
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construction hours, and to not restrict Grantors ingress/egress. i!:;!1
Grantee shall indemnify, legally defend and hold harmless the Grantors from any and all
present or future claims, demands or causes of action in law or equity, as well as any and
all claims or demands resulting from personal injuries or damages sustained by
contractors, employees or the public relative to the granting of, or resulting from any and
all subsequent activities by those named while on the herein granted Lomas de Oro
Drainage-way Easement.
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If at any time hereafter, said drainage-way easement is abandoned by Grantee, said parcel
of property shall revert to the Grantors, or the successors in interest of the Grantors, and
all right, title or claim existing by virtue of this instrument shall be extinguished.
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'i2daY of
O(b4tr , 20 /c .
GRANTORS
Ray B - -
By: ki,e,,,t_g,e2f
Sunya S. gauer
State of Arizona )
) ss.
County of Pima )
On thisg,t day of061tityiljBauer and Sunya S.
2010 RaY Y
Bauer, known to me to be the person whose 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 O4112) 2 Z- , 2010.
dtar
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Nota
My Commission Expires: L1I,J/UPJ* 2.iL'/
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Jud Smiley lb
,•►:wt. Notary Public•Arizona
Pima County
My Commission Expires
August 15,2011
C:\Documents and Settings\dparker\Local Settings\Temporary Internet Files\OLK5\Drainage Easement-Bauer(3)(3).doc
GRANTEE
TOWN OF ORO VALLEY
, ,
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Satish I. Hiremath, Mayor
ATTEST: APPROVED AS TO FORM:
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Cr,. 6tc..6,4.
Ka yn E. Cuvelier, Town Clerk
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Rosen, Town Attorney
Date: / 2,- —65' Date: 2. 11 b
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CADocuments and Settings\dparker\Local Settings\Temporary Internet Files\OLK5Drainage Easement-Bauer(3)(3).doc
September 28, 2010
Psomas #71-0V067803
EXHIBIT A
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A portion of that parcel described in Docket 3435, Page 150, Records of Pima County,
Arizona, 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 southwest corner of Section 15, being a brass cap survey
monument in concrete stamped "PCHD 16115 / 21122, 1'12S R13E, from which the west
one-quarter corner of Section 15, being a square rod in a hole in the centerline of La
Cholla Blvd, bears North 00 degrees 36 minutes 47 seconds West a distance of 2638.49
feet;
THENCE North 00 degrees 36 minutes 47 seconds West upon the west line of said
southwest one-quarter a distance of 1839.55 feet;
THENCE North 89 degrees 23 minutes 13 seconds East a distance of 30.00 feet to the
southwest corner of said parcel, said point lying upon the easterly right of way of La Cholla
Boulevard as shown on Book 2, Page 38 of Road Maps;
THENCE upon the south line of said parcel, North 89 degrees 26 minutes 02 seconds
East a distance of 96.83 feet to the POINT OF BEGINNING;
THENCE North 00 degrees 26 minutes 51 seconds West a distance of 18.00 feet;
THENCE North 88 degrees 18 minutes 08 seconds East a distance of 19.98 feet to a
point on the arc of a non-tangent curve, concave to the southeast, a radial line of said
curve through said point bears North 88 degrees 18 minutes 08 seconds East;
THENCE upon said curve, to the right, having a radius of 300.00 feet and a central angle
of 40 degrees 14 minutes 27 seconds, for an arc distance of 210.70 feet to a point of
reverse curvature, concave northwesterly;
1/4.3
THENCE upon said reverse curve, to the left, having a radius of 17.81 feet and a central
angle of 43 degrees 30 minutes 31 seconds, for an arc distance of 13.52 feet;
THENCE North 04 degrees 57 minutes 57 seconds West a distance of 15.46 feet;
THENCE North 26 degrees 59 minutes 44 seconds East a distance of 18.20 feet;
EA06078\031LegalsTasernent-Bauer-Revised_9-28-2010.rif Page 1 of 5
THENCE South 62 degrees 28 minutes 44 seconds East a distance of 23.06 feet to a
point on the arc of a non-tangent curve, concave westerly, a radial line of said curve
through said point bears North 46 degrees 19 minutes 32 seconds West;
THENCE upon said curve, to the left, having a radius of 37.33 feet and a central angle of
52 degrees 51 minutes 04 seconds, for an arc distance of 34.43 feet to a line, radial to
said curve;
THENCE upon said radial line, North 80 degrees 49 minutes 24 seconds East a distance
of 6.50 feet to a point upon the arc of a curve, concave westerly and concentric with
aforementioned curve;
THENCE upon said concentric curve, to the right, having a radius of 43.83 feet and a
central angle of 30 degrees 04 minutes 40 seconds, for an arc distance of 23.01 feet to a
point of cusp with a non-tangent curve, concave southeasterly, a radial line of said curve,
through said point bears South 39 degrees 30 minutes 47 seconds East;
THENCE upon said curve, to the right, having a radius of 300.00 feet and a central angle
of 04 degrees 28 minutes 54 seconds, for an arc distance of 23.47 feet to a line, radial to
said curve;
THENCE upon said radial line, North 35 degrees 01 minutes 53 seconds West a distance
of 1.50 feet to a point upon the arc of a curve, concave southeasterly and concentric with
aforementioned curve;
THENCE upon said curve, to the right, having a radius of 301.50 feet and a central angle
of 06 degrees 42 minutes 16 seconds, for an arc distance of 35.28 feet;
THENCE North 61 degrees 40 minutes 23 seconds East a distance of 98.80 feet to the
north line of said parcel;
THENCE upon said north line, North 89 degrees 29 minutes 39 seconds East a distance
of 77.50 feet;
THENCE South 61 degrees 40 minutes 23 seconds West a distance of 168.19 feet to a
point of curvature, concave southeasterly;
THENCE upon said curve, to the left, having a radius of 264.00 feet and a central angle of
11 degrees 28 minutes 17 seconds, for an arc distance of 52.86feet;
THENCE South 62 degrees 41 minutes 42 seconds East a distance of 9.31 feet; 1„
THENCE South 27 degrees 18 minutes 18 seconds West a distance of 18.45 feet;
O1-if Page 2 of 5
THENCE South 76 degrees 35 minutes 01 seconds West a distance of 22.44 feet to a
point of curvature, concave southeasterly;
THENCE upon said curve, to the left, having a radius of 19.84 feet and a central angle of
36 degrees 19 minutes 50 seconds, for an arc distance of 12.58 feet to a point of
compound curvature, concave easterly;
THENCE upon said compound curve, to the left, having a radius of 263.76 feet and a
central angle of 42 degrees 12 minutes 51 seconds, for an arc distance of 194.33 feet;
THENCE North 89 degrees 29 minutes 21 seconds East a distance of 19.74 feet;
THENCE South 01 degrees 25 minutes 11 seconds East a distance of 17.93 feet to the
south line of said parcel;
THENCE upon said south line, South 89 degrees 26 minutes 02 seconds West a distance
of 76.05 feet to the POINT OF BEGINNING.
See Exhibit attached hereto and made a part hereof.
Prepared for and on behalf of:
Psomas
eledand ?fa
49459 ,
PATRICK
McGARRITY
Plied -
ONA\1
4to.
tes rS/P
Patrick McGarrity, AZ. R.L.S. 49459
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.
LINE_ BEARING DISTANCE CURVE RADIUS ARC LENGTH DELTA ANGLE
L1 N 89'23'13" E 30.00' C1 300.00' 210.70' 4014'27"
L2 N 89'26'02" E 96.83' C2 17.81' 13.52' 43'30'31"
L3 N 00'26'51" W 18.00' C3 37.33' 34.43' 52'51'04"
L4 N 8818'08" E 19.98' C4 43.83' 23.01' 30'04'40"
L5 N 04'57'57" W 15.46' C5 300.00' 23.47' 04'28'54"
L6 N 26'59'44" E 18.20' C6 301.50' 35.28' 06'42'16"
L7 S 62'28'44" E 23.06' C7 264.00' 52.86' 11'28'17"
L8 N 80'49'24" E 6.50' C8 19.84' 12.58' 3619'50"
L9 N 35'01'53" W 1.50' C9 263.76' 194.33' 42'12'51"
L10 N 61'40'23" E 98.80'
L11 N 89'29'39" E 77.50'
L12 S 61'40'23" W 168.19'
L13 S 62'41'42" E 9.31'
L14 S 27'18'18" W 18.45'
L15 S 76'35'01" W 22.44'
L16 N 89'29'21" E 19.74'
L17 S 01'25'11" E 17.93'
L18 S 89'26'02" W 76.05'
EXHIBIT "B-1"
DRAINAGE EASEMENT
A PORTION OF THAT PARCEL
P S O M A S DESCRIBED IN DK. 3435, PG. 150
NO I Ahot We Twp a 15,„ SECTION 15, T 12 S, R 13 E
Tel (520)292-2300 (e00)441-5875 GILA & SALT RIVER MERIDIAN,
fa MI)212-120
mumisissmacom PIMA COUNTY, ARIZONA
DATE: AUGUST, 2010 • DRAWN BY: SM JOB# 7T0V067803
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