HomeMy WebLinkAboutEasements - 1/28/2010, Access Easement, Evergreen-Steam Pump, LLC (Grantor), Resolution 10-03 approving the gran ,..........
F. ANN RODR I GUE Z, RECORDER DOCKET: 13734
RECORDED BY: RJL PAGE: 2 319
DEPUTY RECORDER S)0 PIM
NO. OF PAGES: 7
9544 PE-2 ,c4' o SEQUENCE: 20100180596
SOROV w _:�� 1111 y 4$z 01/28/2010
TOWN OF ORO VALLEY ` ' EASMNT 16:12
11000 N LA CANADA
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 9.00
L 11.1.11. JV0VJJ11 11. 1 3,11,41,./WV
Chief Civil Deputy Town Attorney
FEB 1 '1BpM12:58 IO
ACCESS EASEMENT
EVERGREEN-STEAM PUMP, L.L.C.,, an Arizona limited liability company ("Grantor"),
referred to as the "Declarant", by assignment in gross from STEAM PUMP VILLAGE
INVESTORS, LLC, an Arizona limited liability company, under a Common Operation and
Reciprocal Easement Agreement recorded July 16, 2004, as Instrument No. 20041370101 in the
Official Records of Pima County, Arizona, as supplemented and amended (collectively, the
"COREA"). The COREA encumbers the real property legally described in Exhibit "A" attached
hereto and incorporated herein by this reference (the "Development"). Grantor, in its capacity as
Declarant and pursuant to the power and authority contained in paragraph 18.21 of the COREA,
does hereby grant to the TOWN OF ORO VALLEY, a municipal corporation of the State of
Arizona ("Grantee"), a nonexclusive, perpetual easement and right-of way for reasonable access,
ingress and egress on, over, and through that portion of the Development legally described in
Exhibit "B" attached hereto and incorporated herein by this reference (the "Easement"), for
purposes reasonably related to accessing a well site or other utility facilities on adjacent real
property.
Grantee may enter the Easement at all reasonable times necessary or convenient to
accomplish the foregoing and agrees to use reasonable care to avoid damage to the Easement and
any improvements therein. Following entry for the above purposes, Grantee shall restore the
Easement to a good and clean condition, and repair any damage caused by Grantee.
This easement is subject to the following conditions:
1. Grantor may use the Easement for any purposes not inconsistent with actual use of
the Easement for the purposes herein granted, so long as Grantee's use and access to
the Easement are not obstructed. Grantor or Grantee may also reserve or grant
similar rights of access and easements across the Easement to others, including,
without limitation,Pima County.
2. Grantor warrants that Grantor is the "Declarant" under the COREA, that the COREA
is in full force and effect and that the Easement constitutes a portion of the
Development, and that Grantor 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.
However, if Grantee abandons and permanently ceases to use the Easement, all ri ghts
granted under this easement cease and revert to Grantor, its successors and assign> .
4. Any and all easements and rights granted herein shall be freely assignable by Grantee
as provided in paragraph 1 above, subject to the same conditions to which this
easement is subject.
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.
6. Grantee, in its use of the Easement agrees not to unreasonably interfere with access,
ingress or egress to and from the Development or with any business conducted on or
adjacent to the Development.
7. Grantee shall indemnify, defend, and hold harmless Grantor and any underlying fee
owner of all or a portion of the Easement from any and all claims, demands, and
causes of action in law or equity resulting from Grantee's negligent use o the
Easement.
8. Upon 30 days' notice to Grantee, the Easement may be rerouted by Grantor, so long
as comparable access is preserved, in which event the parties agree to enter into an
amendment to this easement redefining the Easement appropriately.
9. This easement is subject to all matters of record.
THIS EASEMENT granted this day of , 2009.
GRANTOR
EVERGREEN—STEAM PUMP, L.L.C., an Arizona limited liability company
By: Evergreen-Oro Valley Partners, L.L.C., an Arizona limited liability company
Its: Administrative Member
By: Evergreen Development Company-2004, L.L.C., an Arizona limited liability
company
Its: Manager
By: Evergreen Devco, Inc., a California corporation
Its: Manager
By:
Its: f -4 o�Q--
W:\Projects\Active Projects\Steam Pump Village\Utilities\Water\Access Easement-Water Utility\Evergreen Acceseasement Oro Valley 111809.DOC Legal edit FINAL.doe
STATE OF ARIZONA )
)ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this ?-11
day of
DEC , 2009, by Litves , the 1::: „1.4c t.PA..Com.
of Evergreen Devco, Inc., a California corporation, Manager of Evergreen Development
Company-2004, L.L.C., an Arizona limited liability company, Manager of Evergreen—
Oro Valley Partners, L.L.C., an Arizona limited liability company, Administrative
Member of EVERGREEN—STEAM PUMP, L.L.C., an Arizona limited liability
company, on behalf of the Company.
WITNESS my hand and official seal.
ti..t f►,�
OFFICIAL SEA(-
S. STREETER
NOTARY PUBMariLICcopa-StateCounty of Arizona
44 •
. •
.
My Comm.Expires July 6,2010 Notary Public
My Commission Expires:
2io
GRANTEE
TOWN OF ORO VALLEY, a municipal corporation of the State of Arizona
Paul H. Loomis, Mayor
ATTEST: APPROVED AS TO FORM:
t4a,
1
Ma�
To Clerk Town Attorney
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Date: bo Date. Id
W\Projects'Active Projects\Steam Pump Village\Utilities\Water\Access Easement-Water Utility\Evergreen Acceaasement Oro Valley 1 11809.DOC Legal edit FINAL.doc
Exhibit "A
LEGAL DESCRIPTION
STEAM PUMP VILLAGE RETAIL CENTER
OVERALL BOUNDARY
BEING A PORTION OF SECTIONS 5,6,7&8,TOWNSHIP 12 SOUTH,RANGE 14 EAST
OF THE GILA&SALT RIVER MERIDIAN,PIMA COUNTY,ARIZONA AND
DESCRIBED AS FOLLOWS:
COMMENCING AT A 2"IRON PIPE FOUND AT THE NORTHEAST CORNER OF SAID
SECTION 7,FROM WHICH A G.L.O.STONE FOUND AT THE NORTH QUARTER
CORNER OF SAID SECTION 7 BEARS N.89°39'55"W,A DISTANCE OF 2,610.75 FEET;
THENCE N.89°39'55"W,,ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 7,A DISTANCE OF 399.49 FEET TO.A POINT ON THE SOUTHEASTERLY
BOUNDARY OF TIM CANADA DEL ORO WASH,SAID POINT ALSO BEING THE POINT
OF BEGINNING;
THENCE N_56°15'00"E,ALONG SAID BOUNDARY,A DISTANCE OF 1418.77 FEET TO
THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 2804.79 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY,NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 14'30'00",AN ARC LENGTH OF 709.82 FEET;
THENCE DEPARTING NON-TANGENT TO SAM CURVED SOUTHEASTERLY
BOUNDARY OF THE CANADA DEL 01W WASH,N.83°I8'14"E.,A DISTANCE OF 72.16
FEET TO A POINT ON THE EXISTING NORTHWESTERLY RIGHT OF WAY LINE FOR
THE TUCSON-FLORENCE HIGHWAY(SR 77-AKA ORACLE ROAD),SAID POINT ALS O
BEING ON A NON-TANGENT TI'CURVE CONCAVE NORTHWESTERLY AM HAVING A
RADIUS POINT THAT BEARS N.61'06'13"W.,A DISTANCE OF 3719.72 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVED NORTHWESTERLY RIGHT OF
WAY LINE,TI.3ROUGH A CENTRAL ANGLE OF 24°25'52",AN ARC LENGTH OF 1586.10
FEET TO A POINT ON THE CHORD OF A SPIRAL CURVE FOR TUCSON-FLORENCE
HIGHWAY(SR 77-AKA ORACLE ROAD),AS RECORDED IN BOOK 42 OF MAPS AND
PLATS,PAGE 40,PIMA COUNTY RECORDS;
THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE,
S.54°0312"W.,ALONG SAID CHORD,A DISTANCE OF 147.90 FEET;
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THENCE CONTINUING ALONG SAID NORTHWESTER]AT RIGHT OF WAY LINE,
S.54°28'00"W.,A DISTANCE OF 1551.78 FEET TO A POINT ON A NON-TANGENT
_ CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS POINT THAT
BEARS S.35°32'33"E.,A DISTANCE OF 17,288.74 FE`E1'; _
THENCE SOUTHWESTERLY ALONG SAID CURVED NORTHWESTERLY RIGHT OF WAY
LITE,THROUGH A CENTRAL ANGLE OF 02°18'03",AN ARC LENGTH OF 694.27 FEET;
THENCE DEPARTING NON-TANGENT TO SAID CURVED NORTHWESTERLY RIGHT
OF WAY LINE FOR THE TUCSON-FLORENCE uIGI YAY aR 77),N.35°23'29"W.,A
DISTANCE OF 395.55 FEET;
THENCE N_55°17'48"E.,A DISTANCE OF 395.41 FEET;
THENCE N.36°16'07"W.,A DISTANCE OF 170.82 FEET TO A POINT ON SAID
SOUTHEASTERLY BOUNDARY OF THE CANADA DEL ORO WASH;
THENCE N_54°00'00"E.ALONG SAID BOUNDARY OF THE CANADA DEL ORO WASH,
A DISTANCE OF 1278.92 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY OF THE CANADA DEL ORO WASH,
N.56°15'00"E_,A DISTANCE OF 71.86 FEET TO THE POINT OF BEGINNING.
TFIR ABOVE DESCRIBED PARCEL CONTAINS 1,814,442 SQUARE FEET OR 41_65
ACRES MORE OR LESS.
. .
Exhibit "B"
ACCESS EASEMENT
An easement for access by the Town of Oro Valley over that portion of Maps and
Plats Book 64, Page 29, recorded in the Office of the Couhty Recorder of Pima
County, Arizona, described as follows:
COMMENCING at the Southernmost corner of Lot 4 of said Maps and Plats Book 64,
Page 69;
Thence North 54 degrees 28 minutes 00 seconds East along the Southeasterly line
of said Lot 4, 157.68 feet to the POINT OF BEGINNING;
Thence North 36 degrees 00 minutes 00 seconds West, 61 .54 feet;
Thence North 26 degrees 34 minutes 01 seconds West, 87.82 feet;
Thence North 19 degrees 14 minutes 30 seconds West, 60.79 feet;
Thence North 36 degrees 00 minutes 00 seconds West, 83.58 feet;
Thence South 54 degrees 00 minutes 00 seconds West, 447.80 feet;
Thence North 36 degrees 00 minutes 00 seconds West, 89.44 feet;
Thence North 55 degrees 17 minutes 48 seconds East, 15.00 feet to the Westernmost
corner common to Lots 2 and 8 of said Maps and Plats Book 64, Page 29;
Thence South 36 degrees 00 minutes 00 seconds East, 25.91 feet to a point of non-
tangent curvature, from which point the radius point bears South 00 degrees 19
minutes 27 seconds West;
Thence along a curve to the right, having a radius of 27.00 feet and a central
angle of 053 degrees 40 minutes 33 seconds, 25.29 feet to a point of tangency;
Thence South 36 degrees 00 minutes 00 seconds East, 17.44 feet;
Thence North 54 degrees 00 minutes 00 seconds East, 457 .64 feet;
Thence South 36 degrees 00 minutes 00 seconds East, 314 .51 feet to a point on the
Southeasterly line of Lot 5 of said Maps and Plats Book 64, Page 29;
Thence South 54 degrees 28 minutes 00 seconds West along said Southeasterly lines 4
of Lots 4 and 5, 67.77 feet to the POINT OF BEGINNING. A'
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EXHIBIT SKETCH FOR PROPOSED ACCESS EASEMENT !�r�
Ca rd n ! 425 S. Plumer, #102
Tucson, Arizona 85719 7, T.12 S. R.14 E., G.& S.R.M. Tel. (520) 798-3603
PIMA COUNTY, ARIZONA1 Vire Land Surveiñ.
FAX 520 798-3832
RESOLUTION NO. (R) 10- 03
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, APPROVING THE
GRANTING OF AN ACCESS EASEMENT TO THE TOWN OF
ORO VALLEY FROM EVERGREEN STEAM-PUMP, L.L.C. FOR
THE PURPOSES OF CONSTRUCTING A NEW PRODUCTION
WELL AND OTHER UTILITY FACILITIES ON ADJACENT
PROPERTY
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, Evergreen-Steam Pump, L.L.C. is the owner of certain real property located
at Steam Pump Village Retail Center; and
WHEREAS, the Town needs an access easement through the Steam Pump Village Retail
Center to construct a new production well and other utility facilities on adjacent property;
and
WHEREAS, Evergreen-Steam Pump, L.L.C. desires to grant the Town an Access
Easement for the purposes of constructing a new production well and other utility
facilities on the adjacent property; and
WHEREAS, it is in the best interest of the Town to approve the Access Easement,
attached hereto as Exhibit "A", to allow the Town access through the Steam Pump
Village Center to construct a new production well and other utility facilities on adjacent
property.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley that an Access Easement, attached hereto as Exhibit "A", to the Town of Oro
Valley from Evergreen-Steam Pump, L.L.C. for the purposes of constructing a new
production well and other utility facilities on adjacent property is hereby accepted and
approved.
F.\Water Utility\Agrccmcnts\Evcrgrccn Devco Easemenls\Rcsolution.doc Town of Oro Valley Attorney's Office/ca/121509
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona this loday of January , 2010.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
ATTEST: APPROVED AS TO FORM:
•
Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney
Date: Date: 11-1.z_Ito
F.\Water Utility\Agreements\Evergrcen Devco Eascmenis\Resolution.doc Town of Oro Valley Attorney's Office/ca/121509