The URL can be used to link to this page

Home My WebLink AboutEasements - 4/9/2009, Temporary Construction Easement & Permanent Slope Easement, Evergreen-Steam Pump, LLC (Gra r---- F. ANN RODRIGUEZ RECORDER DOCKET: 13533 RECORDED BY: MRI 3E: 1 DEPUTY RECORDER y°1 No. OF PAGES: 11 1562 PE-1 'i - �� O SEQUENCE: 20090680001 W 1 - , 04/09/2009 SOROV '�.1 -_.a,,u RiT ' '� TOWN OF ORO VALLEY- TOWN CLERK '`C' EASMNT 08:00 11000 N LA CANADA DR ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 11.00 TEMPORARY CONSTRUCTION EASEMENTp '8'8 ; °41 TOV AND PERMANENT SLOPE EASEMENT Evergreen-Steam Pump, L.L.C., an Arizona limited liability company (the "Grantor"), does hereby grant to the Town of Oro Valley, a municipal corporation of the State of Arizona (the "Grantee"), a Temporary Construction Easement and Permanent Slope Easement in connection with the construction of the CDO Pedestrian Bridge (the "Project"). The purpose of the Temporary Construction Easement and Permanent Slope Easement is to allow Grantee, its agents, contractors and assigns, to use the property, as described herein, for construction of the Project and appurtenances. The Temporary Construction Easement and Permanent Slope Easement shall be on, over and across a portion of the real property legally situated in the Town of Oro Valley, Arizona, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"). 1. Property. The Grantor is the owner of the Property described in Exhibit "A" and depicted on Exhibit "B" attached hereto. The Grantee has determined that it has a need to acquire a Temporary Construction Easement and Permanent Slope Easement on the Property for the purpose of construction activities in connection with the Grantee's CDO Pedestrian Bridge (the "Project"). For the purposes associated therewith, Grantee agrees to acquire from Grantor, and Grantor agrees to grant to Grantee a Temporary Construction Easement and Permanent Slope Easement over a portion of the Property, subject to the terms and conditions set forth below: 2. Temporary Construction Easement and Permanent Slope Easement. Grantor hereby grants to Grantee, its agents and assigns, a Temporary Construction Easement over the portion of the Property legally described in Exhibit "C-1" and depicted on Exhibit "C-2" attached hereto, for use as a temporary construction area for the Project improvements and associated construction purposes, and a Permanent Slope Easement over the portion of the Property legally described in Exhibit "D-1" and depicted on "Exhibit D-2" attached hereto, for use as an earthen slope embankment to transition the CDO Pedestrian walking surface to II�° existing grade. The effective starting date of the Temporary Construction Easement and Permanent Slope Easement shall be April 10, 2009. 3. Termination. The term of the Temporary Construction Easement is six (6) months with an option to continue for an additional twelve (12) months if 1 construction is not complete at the end of said 6-month period. The Temporary Construction Easement shall terminate upon the earlier of (i) the completion of the construction, or (ii) eighteen (18) months after the date of recording of this instrument. 4. Permanent Slope Easement. The Permanent Slope Easement is perpetual. 5. Indemnification. Grantee shall indemnify, defend, and hold harmless Grantor from any and all present or future claims, demands, and causes of action in law or equity resulting from Grantee's negligent use of the Property. 6. No Vesting of Title. Grantor shall remain the owner of fee title to the Property, subject to the Temporary Construction Easement and Permanent Slope Easement herein. 7. "After" Condition of the Property. Upon termination of the Temporary Construction Easement, Grantee will remove all excess materials, equipment and supplies and leave the Property in a reasonably clean and graded condition. 8. Environmental Representations. The Grantee and the Grantor 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, each party remaining responsible for its obligations as set forth by law. Grantee agrees not to use the Property in a manner contrary to applicable environmental law. 9. No Leases. Grantor warrants that there are no oral or written leases on all or any portion of the Property that could affect the Grantee's use of the Temporary Construction Easement and Permanent Slope Easement herein. 10. Encumbrance. If Grantor shall sell or encumber the Property before the termination of the Temporary Construction Easement said transfer or encumbrance shall be and remain subject to the Temporary Construction Easement and Grantor shall notify Grantee of such action. 11. 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. IFN pynr tIN 12. Maintenance. Any necessary maintenance of the earthen slope embankment within the Permanent Slope Easement, and the repair of any damage thereto or to !, surrounding Property of Grantor caused by or arising from the Project or its improvements (such as, for example, water erosion) is the responsibility of Grantee. 13. Permanent Slope Easement Adjustment. After receiving appropriate approvals and/or permits, Grantor may construct permanent improvements providing 2 comparable lateral support for the Project (such as a retaining wall) to replace the earthen slope embankment within the Permanent Slope Easement. In such event, Grantor will thereafter be responsible for maintaining said permanent improvements. Subsequent to any such improvements being approved, Grantee shall reconvey those applicable portions of the Permanent Slope Easement to the owner of the underlying property causing the interests to merge. 14. DATED as of the1jt day of ATV i 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 (,, _ ,..._..--.;177=...,._ ,, By: Its: Yr i't ,. — STATE OF ARIZONA ) )ss. County of Maricopa ) The foregoing instrument was acknowledged before me thisPA dayof � g g g ,�Ac?u , 2009, by L ' rr ort , the Vri yj P of Evergreen Devco, Inc., a California corporation, Manager of Evergre n 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. T ..... n.�..w� .�.. CMOFFICIAL SEAQ. 4i,PEGGY DOANE NOTARY PUBLIC-State of Arizona no r��Maricopa County °' My Comm. Expires July 6,2010 1 ii 4 AA: CI' Notary Publi`; ti) GI My Commission Expires: il i . ? a.. - LP cr .CA,--C) 1 4: 3 GRANTEE TOWN OF ORO VALLEY, a municipal corporation of the State of Arizona Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM ..•.. . -, ,,, ,.....- • Cf :44L-1-Ldr: ,„..,,,..•4, . ,. . ,.. . ,... , . . ...... , -,. . K yn Es:CU-yeller, Town Clerk Tobin Rosen, Town Attorney . . .:1 :3 ti) ri) IN t.) 4 4 OPTIMUS SURVEY SERVICES EXHIBIT ' A ' LEGAL DESCRIPTION STEAM PUMP VILLAGE PHASE IV BOUNDARY BEING A PORTION OF SECTIONS 5 AND 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 SECTION 7, TOWNSHIP 12 SOUTH,RANGE 14 EAST OF THE GILA& SALT RIVER MERIDIAN, 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. 00°20'05"E.,ALONG TSE WEST LINE OF SAID SECTION 5, A DISTANCE OF 270.32 FEET; THENCE N. 56°15'00"E.,.A DISTANCE OF 65.30 FEET TO THE POINT OF BEGINNING; THENCE N. 56°15'00"E.,A DISTANCE OF 871.12 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2804.79 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°30'00",AN ARC LENGTH OF 709.82 FEET; THENCE DEPARTING NON-TANGENT TO SAID CURVE,N. 83°18'14"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 ALSO BEING ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS POINT THAT BEARS N. 61°06'13"W.,A DISTANCE OF 3719.72 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 111. 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; N 111,9 THENCE S. 54°03'12"W.,ALONG SAID CHORD, A DISTANCE OF 127.13 FEET; THENCE DEPARTING SAID EXISTING NORTHWESTERLY RIGHT OF WAY LINE FOR TUCSON-FLORENCE HIGHWAY( (R 77-AKA ORACLE ROAD),N. 36°00'00"W.,.A DISTANCE OF 216.63 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 199.50 FEET; Page 1of2 S:13-06080(Steam Pump Ph Ill)\Docs\PHASE IV BDY LE.GAL.doc (p)602.286.9300 i (f)602.286.9400 I www.optimus-usa.com 4650 E Cotton Center Blvd. I Suite#140 I Phoenix,AZ 85040 THENCE NORTHWES'T'ERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'00", AN ARC LENGTH OF 69.64 FEET; THENCE N. 16°00'00"W., A DISTANCE OF 17.18 FEET TO THE BEGNNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 200.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'00", AN ARC LENGTH OF 69.99 FEET; THENCE N. 36°00'00"W., A DISTANCE OF 167.76 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 625,332 SQUARE FEET OR 14.36 ACRES, MORE OR LESS. .11,1"LAND F",-\\ ‘CA rG (') 37786 OEVERLY A. O ‘40 ROSSI V 'tee, ,L,15y.: -mac. • NA,ti Expires 6/30/ �I .I4 t14i } Ili!II Hti71N :;or 4u, rl 119 tulNl Ind Page 2 of 2 S:\3-06080(Steam Pump Ph III)\Docs1PHASE IV BDY LEGAL.doc (p)602.286.9300 ( (f)602,286.9400 www.optimus-usa.com 4650 E Cotton Center Blvd. ( Suite#140 I Phoenix,AZ 85040 , . STEAM PUMP VILLAGE iJOb N0F 3-06080 PHASE IV EXHIBIT ' B ' CURVE DELTA RADIUS LENGTH TANGENT �1/67/.?#.1,0iq Cl 1430'00" 2804.79' 709.82' 356.81' O�6!,� C3 • 20'00'00" ik C2 24'25'52" 3719.72'199.50' 1586.10'69.64' $05.29'35.18' N1 RPD P L� C4 20'0000" 200.50' 69.99' 35.35' 0 IBJ \PS\AP�'R'S1 dik° VEQ GE �6 GPaPDP V� J\ ��1 A( 61' \)\-r a.‘ I P.0.6..7) E �-)� y -5(2- a N 1/4 COR SEC 7 \,`L <6) I S1(1,-6 Q /FD GLO STONE � 1G' � /N � 1 co N8939'55"W LI 1 5 cyx -` 1 Ao�9 � 2610.75' I\TD?c, - - CDv 7 8 �6y� , p.ac. r., NE COR SEC 7 LINE BEARING DISTANCE 9 T 12 5, .R 14 E 1i) L1 N0020'05"E 270.32' • m ��RaV �P�P �Pyl� L2 N56'15'00"E 65.30' x *I3V.S) � L3 N56'15'00"E 871.12' w �E_.``�(1 • L4 N83'18'14"E 72.16' >-m ��Pl� L5 S54'03'12"W 127.13' Lii 01`4 �. L6 N36'00'00"W 216.63' a ��5 L7 NI 6.00'00"W 17.1e' L8 N36'OO'OO"W 167.76' 0 Os 1 N° - :::3 a 4110/10 7?",, S�HCA)F -yam `P 37786 � `�< 99 � Q BEVERLY A. 9 E u�� NOSSI E OPTIMUS q i� 0es�snae,'�.:�� T N SURVEY SERVICES �/pNA,USP� CExpires 6/30/ II SUITE 140 CO rH.(m:Jas9.m FAX:AZ 28e9400 ji,":" Prepared By BAR ods 2/27/2009 Checked Bp SAW Sheet No; 1 q 1 EXHIBIT-- "C-1" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement, lying in the Southwest one quarter of section 5, Township 12 South, Range 14 East; GSRM, Pima County Arizona, more particularly described as follows: CO LING at a point which bears South 33 degrees 09 minutes 04 seconds East, a distance of 1979.84 feet, from the West one quarter corner of said section 5; and also bears North 47 degrees 49 minutes 50 seconds East, a distance of 1441.37 feet, from the Southwest corner of said section 5; and also bears North 58 degrees 04 minutes 22 seconds West, a distance of 1797.75 feet, from the South oneq uarter corner of said section 5, said point being on a non-tangent curve. A radial line through said curve bears North 26 degrees 02 minutes 23 seconds West; THENCE 69.67 feet along the arc of said curve, to the right, concave Southeasterly, y having a radius of 2804.79 feet, through a central angle of 01 degrees 25 minutes 24 seconds, to the POINT OF BEGINNING. THENCE South 26 degrees 02 minutes 23 seconds East, a distance of 20.00 feet, to a point on a non-tangent curve. A radial line through said curve bears North 26 degrees 02 • minutes 23 seconds West; THENCE 220.02 feet along the arc of said curve, to the right, concave Southeasterly, having a radius of 2784.79 feet, through a central angle of 04 degrees 31 minutes 36 seconds. THENCE North 21 degrees 30 minutes 47 seconds West, a distance of 20.00 feet to a point of non-tangent curve. A radial line through said point bears North 2.1.degrees 30 minutes 47 seconds West; THENCE 221.60 feet along the arc of said curve, to the left, concave Southeasterly, having a radius of 2804.79 feet, through a central angle of 04 degrees 31 minutes 36 seconds, to the POINT OF BEGINNING. I, Containing 4,416 sq. ft. or 0.101 acres more or less. I'""" a.N 4wJI 3 ID .',.1,3 j', /' 1J' -,:----•?:,.f '�C co`,,, �Ll,i 1 \ I " 1 1 1 1i ''ION,c2_0_ y 04S-1:?:.-4..-.J.-' c--,-J 6P irc5 041'30'4c) EXHIBIT "C - 2" THIS .. ,N.,,,c SEC 5 PROJECT LOCATION MAP SWI/4, SECTION 5 SCALE!I•=200' T12S, R14E, G&SRM PIMA COUNTY ARIZONA W1/4 COR SEC 5 c. 1 t48°.°3'34.E 526.32 44 Sig ob hi2N 0,p_ gO gtz., 66 set ZN N 0cr r s►l'i, li.:.t. ' R=2804.79' ‘" L=221.60 4=04.31'36' R=2804.79' .� L=69.67' Z0.` '' `iy 4=01.25'24' P.Q.B.-C+ kro. P.O.B.-A •:. R=2784.79' \Ncp. L=220.02 ‘ .13\q� ',\ 4=04.31'36' t ‘1',)\ ,43`, N..A a►‘ N21.30'47'W ,�•��y�1 N-`i`� t;,� l)- S1/4 COR 20.00' SW COR �`.a ti cA- 9) ' SEC 5 II; SEC 5 �� • s'V TEMPORARY p.v ci .s.;.. ALLAN .'`, q ^CONSTRUCTION E zooCC N�, C-CP SAT `'�' c) or cL STAN G. EASEMENT I 1EAST cX SET G Expires 09-30-09 26077 10-13-2006 1 OF 1 4JJ) `Si jI T1 EXHIBIT— "D-1" LEGAL DESCRIPTION PERMANENT EASEMENT A temporary construction easement, lying in the Southwest one quarter of section 5, Township 12 South, Range 14 East, GSRM, Pima County Arizona, more particularly described as follows: COMMINCING at a point which bears South 33 degrees 09 minutes 04 seconds East, a distance of 1979.84 feet, from the West one quarter corner of said section 5; and also bears North 47 degrees 49 minutes 50 seconds East, a distance of 1441.37 feet, from the Southwest corner of said section 5; and also bears North 58 degrees 04 minutes 22 seconds West, a distance of 1797.75 feet, from the South one quarter corner of said section 5, said point being on a non-tangent curve. A radial line through said curve bears . North 26 degrees 02 minutes 23 seconds West; THENCE 69.67 feet along the arc of said curve, to the right, concave Southeasterly, having a radius of 2804.79 feet, through a central angle of 01 degrees 25 minutes 24 seconds, to the POINT OF BEGINNING. THENCE South 26 degrees 02 minutes 23 seconds East, a distance of 20.00 feet, to a point on a non-tangent curve. A radial line through said curve bears North 26 degrees 02 minutes 23 seconds West; THENCE 220.02 feet along the arc of said curve, to the right, concave Southeasterly, having a radius of 2784.79 feet, through a central angle of 04 degrees 31 minutes 36 seconds. THENCE North 21 degrees 30 minutes 47 seconds West, a distance of 20.00 feet to a point of non-tangent curve. A radial line through said point bears North 21 degrees 30 minutes 47 seconds West; . THENCE 221.60 feet along the arc of said curve, to the left, concave Southeasterly, having a radius of 2804.79 feet, through a central angle of 04 degrees 31 minutes 36 seconds, to the POINT OF BEGINNING. Containing 4,416 sq. ft. or 0.101 acres more or less. .11 i rG,p • „1pt .r •, Ln ni • r,ti, ; 7 r r, r �' C• ,dl;r • 1 ` 1rl11 iI c l u ,0 F. p ; I • e-1cPtrcS EXHIBIT "D- 2 " THIS SEC 5 PROJECT LOCATION MAP SV1/4, SECTION 5 SCALE, I•- 200' T12S, R14E, GLSRM PIMA COUNTY ARIZONA V1/4 COR SEC 5 c• N80•03'349E 526.3Z' 44 •�A Gj 3 i? �V' S .,:p%_, -e. 0 V01' '' ir5 S inN .r R=2804.79' r' L=221.60 0=04'31'36' R=2804.79' .. 4 L=69.67' '� �� =01`25'24' ' ` P.O.B.-C♦' �Q. „giyo P.O.B.-A R=2784.79' \A •1 L=220.02' %.‘.... 9, ,\ 0=04'31'36' 1\ U . . c�,�, .1` AGI\ N21'30'47'W ,�•�k�!'� tJ�` co j)• S1/4 COR 20.00 SEC 5 Sid COR t�k�� Jr‘` `�-\ s?)s, ' „ SECS e. L „dill �I:N V liNt PERMANENT �== nor' - %. -. % N El � �. S L❑P E EW z 2 o .j 0 4, tiSAT I � �, ,� 35235 Q N ate. STAN G. x � >.. - (.3 °� ��' EASEMENT 411111bWN FARIS Q o 1 '9• , 0 .. SNL/4 SECTION 5, TOW4SHIP 12 SOUTH,RANGE 14 EAST ? p �.,•r..:�-� JOB MQ DATE SHEET 4 ..., A .. 26077 10 43-2406 1 OF 1 Expires 09-30-09 Y a's'ilv. EVERGREEN _ . _ _ REAL ESTATE DEVELOPMENT 2390 E Camelback Rd, Suite 410 - Phoenix, Arizona 85016 - P: 602.808.8600 - F: 602.808.9100 200 N Maryland Ave, Suite 201 - Glendale, California 91206 - P: 818.240.8727 - F: 818.240.1823 c)N- "'141:1"1.0:4N05Fif6ic:r7:91: * April 3 2009 eq LAPR 200��, Via U.S. Mail DEPT.OP r N Paul Keesler,P.E. ,� .'-17,•-'� ' ` cc, v,s- ,, Development Review Division Manager Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Re: Temporary Construction/Permanent Slope Easement Dear Paul: Enclosed is the Temporary Construction Easement and Permanent Slope Easement executed by Evergreen. When we receive the recorded copy, I will make sure to send a copy to you. Sincerely, / ...___ 4 gi, "----p "-- (,)„,.______ c_,... ,, Laura Swan Evergreen Devco, Inc. enclosure