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HomeMy WebLinkAboutEasements - 5/21/2010, Resolution 2010-100 of the Pima County Board of Supervisors approving the acceptance & ex RECORDED BY: K 0 PAGE- 3970 DE PUT" CORDER ti NO. PAGES: 10 1861 PE-2 '4'r ! ,r, SEQUENCE:: Q 20100980882 P0230 h J�; j\%\ : Z 05/21/2010 PIMA CO CLERK OF THE BOARD RES 18:00 PICKUP 1.4I1011t` PICKUP AMOUNT PAID $ 0.00 RESOLUTION AND ORDER NO. 2010- 100 RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING THE ACCEPTANCE AND EXECUTION OF AN ACCESS EASEMENT FROM THE TOWN OF ORO VALLEY TO ACCESS OTHER FACILITIES ON ADJACENT PROPERTY WHEREAS, Evergreen-Steam Pump,L.L.C. is the owner of certain real property located at Steam Pump Village Retail Center in the Town of Oro Valley(the "Town"); and WHEREAS,the Town has an access easement though the Steam Pump Village Retail Center to construct a new production well and other utility facilities on adjacent property which easement authorizes the Town to grant a similar easement to Pima County(the"County"); and WHEREAS,the Town desires to grant the County an Access Easement through the Steam Pump Village Retail Center for the purpose of accessing other utility facilities on adjacent real property; and WHEREAS,the County desires to obtain from the Town an Access Easement through the Steam Pump Village Retail Center for the said purpose; and WHEREAS, the Town's Mayor and Council has executed and approved the said Access Easement in favor of the County; and WHEREAS,it is in the best interest of the County to accept and execute the said Access Easement; NOW,THEREFORE,UPON MOTION DULY MADE,SECONDED AND CARRIED,BE RESOLVED THAT: 1. The Access Easement from the Town to the County is hereby approved. 2. The Chairman of the Board is hereby authorized and directed to sign, accepting the Access Easement for the Pima County Board of Supervisors. 3. The Chairman of the Board of Supervisors is hereby authorized to sign any and all additional documents related to the acceptance of the said Access Easement from the Town to the County. 4. The various officers and employees of Pima County are hereby authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. t r a PASSED,ADOPTED AND APPROVED this 11th day of May 2010. PIMA COUN ' B I ARD U F : ► ' VISORS: // 1/0/' / 1 Cha'•!an 1101 010 ATTEST: a ' ' = r. • . T• ORM: /tz ..rte/r//_,.��J/ / -•� mai Clerk Board of Supervisors Deputy County Al •MUM When recorded, return to: Town of Oro Valley 11000 N. La Canada Drive Oro Valley,Arizona 85737 Attn: Joseph N. Andrews Chief Civil Deputy Town Attorney ACCESS EASEMENT The Town of Oro Valley, a municipal corporation of the State of Arizona ("Grantor"), does hereby grant to Pima County, a political subdivision 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 "A" attached g 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 rovements therein. Following entry for the above purposes, Grantee shall restore the P 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 may also reserve or grant similar rights of access and easements across the Easement to others. 2. All easements and rights described herein are easements and rights running with the land, PTP a etually 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 rights granted under this easement cease and revert to Grantor, its successors and assigns. 3. 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. y 4. 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 of the Easement. 1...An 14.14I..1p.aw...N:6ey.m Il..i.IJ.n.nne..a..w fi..e.nw 11IV..ri IC 111111111IIK 1 5. 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. 6. This easement is subject to all matters of record. + granted this 7apri/Tl-IIS EA,SEMEIVT is }day of _ , 2010. GRANTOR TOWN OF ORO VALLEY, a municipal corporation of the State of Arizona . .j.. -i<e '',- -- Paul H. Loomis, Mayor ATTEST: APPROVED AS FOR FORM: c.. ezze.,,d4.4ir Aim, Kthr n E. Cuvelier, Town Clerk obin Rosen, Town a • -wawa. Date: '"i.3 --/O Date: Lk Wit. GRANTEE PIM a • . TY, liti „1 sub•ivision of the State of Arizona A die/ / f , Chairman 5/11/10 di ATTEST: APPROVED AS TO FORM: . I ...---- - lim"-_____...tillib iii ..r �i�..�.l,- Pima y - Clerk of the Board ounty Attorne AY 1 12010 � . � �' e Date. 1c Dat F:IWoIu U111it Mgrs nrcnta E vrpncn Unto EarcnlcrruVltscfi eancin ni TM rand PC In I/M.DOC 2 Exhibit "A" Legal Description of Development TAW..uil.t1AP.m....l[.p..n P..rn Lawnwo0 113V tad is corm Pm 1 J 1 , . . Exhibit "A" .1..ITAA.L DESCI?IPTD_.N STEAM PUMP VILLAGE RETAIL CENTER OVER ALL BOUNDARY BEING A Y ORTI ON OF SECTIONS 5,6,7 1't 8,TOWNSHIP 12 SOUTH,RANGE 14 EAST OT TEE GJLA&SALT RTVER MERIDIAN,PIMA COUNTY,ARIZONA ANIS DESCRIBED AS FOLLOWS: CO11MEN C1N G AT A 2"IRON PTPE FOUND AT T1-EE NOWT/EAST CORNER OF SAID SECTION 7,FROM WI-tI CH A G L.O. STONE FOUND AT THE NORM QUARTER CORNER DY SAID SECTION 7,BEARS.N. 89'39'55"W.,A DISTANCE OF 2,610.75 FEET; T}�ENCE N .89°39'55"W.,ALONG.THENORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7,A DISTANCE OF 399.49 FEET TOA POKY ON DIE SOUTHEASTERLY BOUNDARY DARY OF THE CANADA DEL ORO WASH,SAID POINT ALSO BEING THE POINT OF I3EGJ1 NG; THENCE N.56°15'00"E.,ALONG SAID BOUNDARY, A DISTANCE OF 14)8.77 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 Fhb-I; TI ENCEDEPARTING NON-TANGET` 'TO SAID CURVED SOUTHEASTERLY BOUNDARY OF THE CANADA DEL ORO WASH.,N. 83°18'14"E.,A DISTANCE OF 72.16 FEET TO A POINT UN Tf1EI XLSTING NORTHWESTERLY RIGHT OF WAY LINE FOR TKETUCSON-FLORENCE I-11GI YAY(SR?7-AKA ORACLE ROAD),SAID POINT ALSO EDI . G ON A NON-TANotru CURE CONCAVE NORTHWESTERLY AND HAVING A RADIUS Pomrr THAT BEARS N,61'06'1.3"W.,A DISTANCE OF 3719.72. EET; THENCE SOUTHWESTERLY ALONG SAID CURVED j'ORTHWESTTRLY RIGHT DY . WAY LINE, THROUGH A CENTRAL ANGLE'OF 24'25'52',AN ARC.LENGT1-3 OF 1586,10 FEE TO . A POINT ON THE CH OBIT OF A SPIRAL CURVE FOR.T UCSON-FLO.TC:E to GITWAY(SR 77-AJCA aRAC'Z.E1?O.D),AS RECORDED IN BOOK 42 OF1v1AT'S AND PLATS,PAGE 40,PIMA COUNTY RECORDS; . THENCE CONTINUING G ALON G SAID NORTHWESTERLY RIGHT OF WAY LINE, S.54°03'12"\V.,ALONG SAID C1-10-RD,A DISTANCE OP 147.90 FEET; 1'4 1I� 1 Isp TH:ENCE CONTINUING ALONG SAID NORTHWESTER) R1C1-fT OF WAY LINE, S. 54°28'00"W.,A DISTANCE OF]551.78 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE S,.OUTHEAST.ERLY ANT)HAVING A RADIUS POINT THAT SEARS S. 35°32'33"E.,.A D15T NC:E OF 17,155.741-,kh 1; PENCE SOUTHWESTERLY ALONG SAM CURVED NORTHWESTERLY RIGHT OF WAY LINE,THROUGH A CENTRAL ANGLE OF 0218'03",AN ARC LENGTH OF 594.17 FEET, 'MINCE.DEPARTING NON-TANGENT TO SAID CURVED NORTHWESTERLY RIGHT OF WAY LINE FOR THE T'UC'SON-F!O RENEE mGtrwn Y(SR 77),N.35'23'29"W.,A DISTANCE OF 395.55 FEET; THENCE N.55°.17'118"E.,A DISTANCE OF 395.41 FEET; THENCE N.361'16'07"W.,ADlSTANCE OF 170.87 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 1278.97 FEET; THENCE CONTINUING ALONG SAID l3 OUNDARY OF THE CANADA DEL ORO*WASH, N.S6"IS''007'E.,A D)STANDE OF 71.86 FEET TO THE POINT OF BEGINNING. THF.ABOVE DESCRIBED P.AR.CEL CONTAINS 1.,F I 4,447 SQUARE FEET OR 4).65 ACRES MORE ORLESS. Exhibit "B" Legal Description of Easement F:IWaiar I1iillryW rramtauslEsupun Dcrtu Eaiemenu4Acacu Enscrnrnw TOV and PC 031710.DOC 5 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 9 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, 147 . 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 B 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 2? seconds West; Thence along a curve to the right, having a radius of 2.7. 00 feet and a central angle of 05.3 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 51 degrees 00 minutes 00 seconds East, 957.69 feet; g 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 of Lots 4 and 5, 67 .77 feet to the POINT OF BEGINNING. f: 'ANC' S (it;p11.:0 f iCATe/ ? p L 31029 111( STEVEN S.. o OWEN ©. r° S 9n a II ll 0'1A v. EXP. 03/31—/12 f w 1 rjFii \ (NO SCALE) • \ r e / \ f 1 r\ S,- X \ r \ •• / \ \ / • / • �p.\� r \ , r r .t► \ \ \ • - \ t \ \ ' \ r ,- Milleilla \ ,. \ / r-`C) C1' AI , C<\11:' \ /S)jg , 'C'' \‘ r S� r O�6 \ �� r' p�� \ .r Q 1,111 \ r t, =Mk r \ ���' 1.111111, d. \ r \ VIII `v _ _m \ iii► �� \ )' \ Mir \ i \ •r 6,-,' POINT OF BEGINNING rP \ rc?' r 01're.," `�r jt-D 0, \ per \ \ 12 -�• POINT OF COMMENCING • \ 0 \ °r • .fi . • Ititl AND c, /\/- • vii'; 1 cA T\,,)/ • & do L ,, \ (c-PPr. -.1 31029 O \ 4` . STEVEN S. OWENS _ /d .ri�,,J °NA U' EXP, 03/31/17 • �Z5 S. PlumCr. #102 SKETCH FOR PROPOSED ACCESS EASEMENT /'� Cardinal Tucson. Arizona e57 EXHIBIT / .. Ii--/ ...._______Lillei. 3 S.R.M. 9 ��► (5 6QSECTION �, T.i? S., R. 4 E., G.& :�. an• urvFAX 832 PIMA COUNTY ARIZONA PL�EY ,,e ? / cL.O4,141144c'0 0 , TOWN OF ORO VALLEY ,, ;: 11000 N.LA CANADA DRIVE ORO VALLEY,ARIZONA 85737 Administrative Offices(520)229-4700 Fax(520)297-0428 4 F www.orovalleyaz.gov .[ „--TH OVND ED ,�9` April 14, 2010 Ms. Lori Godoshian Clerk of the Board Pima County Board of Supervisors 130 W Congress, 10th Floor Tucson AZ 85701 RE: Granting of an Access Easement to Pima County from the Town of Oro Valley to access other Utility Facilities on Adjacent Property r'` Dear s. G l M • Enclosed please find the original Easement as described above. Once the Easement has been fully executed, please forward a copy to the Oro Valley Clerk's Office at 11,000 N. La Canada Drive, Oro Valley, AZ 85 73 7 for our files. I have also enclosed a copy of Resolution (R)10-21 for your reference as adopted by the Oro Valley Town Council on April 7, 2010 authorizing and approving the granting of the Access Agreement. Thank you. Sincerely, Roxana Garrity, CMC Deputy Town Clerk Enc 111. RESOLUTION NO. (R) 10- 21 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE GRANTING OF AN ACCESS EASEMENT TO PIMA COUNTY FROM THE TOWN OF ORO VALLEY TO ACCESS 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 has an access easement through the Steam Pump Village Retail Center to construct a new production well and other utility facilities on adjacent property, which easement authorizes the Town to grant a similar easement to Pima County; and WHEREAS, the Town desires to grant Pima County an Access Easement through the Steam Pump Village Retail Center to for the purpose of accessing other utility facilities on adjacent real property; and WHEREAS, ii is in the best interest of the Town to approve the Access Easement, attached hereto as Exhibit "A", to allow Pima County access through the Steam Pump Village Center for the purpose of accessing other utility facilities on adjacent real property. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley that the granting of an Access Easement, attached hereto as Exhibit "A", from the Town of Oro Valley to Pima County for the purposes of accessing other utility facilities on adjacent real properly is hereby authorized and approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7tbiay of April , 2010. TOWN OF ORO VALLEY Paul H. Loomis, Mayor F\1Vo rt Uiili0A pcsmrrui1Erc"JF''DeNcu E.ztcmcntsUluuluiion l'C fi TOVTu►+n of Oyu Valley/wormy',OfliccJeaR131710 ATTEST: APPROVED AS TO FORM: KaCyn E. Cuvelier, Town Clerk Tobin Rosen, Town A :4 ey Date: 4 ` (3 ✓10 Date: (t) F tWairr 111iliiy\Al;ian►cnistEl tItrrrn Dn.fnnc orri sVicsolu1ian 1'C t TOV.drnc Tu.')u!O,u VDIICY AIW i c1''i 17111 • 110 EXHIBIT "A" F tWalcr Ur,lovtAgIcrrncHtt\Etr,oracr*Der.t;mcmcauiUtcsolfian I'C,r TOV.doc Toot,ul Oto Valla Anoriir Olficc/crntl 17 In