Loading...
HomeMy WebLinkAboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC (Grantor), Oro Valley Marketplace Public Waterline Eas (2) F. ANN RODRIGUEZ, RECORDER DOCKET: 13671 RECORDED BY LLW PAGE: 682 oFPI 5 DEPUTY RECORDER v NO. OF PAGES 1956 PE-2 w P� SEQUENCE: 20092060255 SOROV / -'--4113J41 . *Z 10/26/2009 TOWN OF ORO VALLEY , ,41 EASMNT 14:21 11000 N LA CANADA 111I1014t ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 8.00 UTILITY EASEMENT f i 5'89p 2:53 T01) Vestar OVM, L.L.C., an Arizona Limited Liability Company , ("Grantor"), does hereby grant to the Town of Oro Valley , ("Grantee"), a perpetual easement and right-of way for ingress and egress and a utility easement on, over, under, and through the burdened land as legally described in Exhibit "A", attached hereto and incorporated herein by this reference. Grantee is hereby granted the right to lay, construct, operate, maintain, inspect, repair, replace, relocate and remove utility facilities and appurtenances on, over, under, and through the burdened land as shown in Exhibit "B", attached hereto and incorporated herein by this reference. Grantee may enter the Property at all reasonable times necessary or convenient to accomplish the foregoing. Following entry for the above purposes, Grantee shall restore the Property to a good and clean condition, and if the property is paved, restore said pavement. This easement is subject to the following conditions: 1. Grantor may use said right-of-way and easement for any purposes not inconsistent with actual use of said right-of-way and utility easement for the purposes herein granted, so long as Grantee's use and access to this right-of way and easement is not obstructed. 2. Grantor warrants that he/she holds good title to the burdened land, and 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. 4. Any and all easements and rights granted herein shall be freely assignable by Grantee. 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 t';` n��t • 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. ,.�1) Itln{N NI S505t)V f 001' H -WA"I ER,Water l(tility E-asement Revtsed 032408.dne THIS EASEMENT granted this day of , 20 . GRANTOR GRANTOR Vestar OVM, L.L.' , by V:. r Ari ona XLI, L.L.C., it Managing Member / B . - If 1.6...L.A. A/egf.ia J '.ul Rhodes Title Senior Vice President STATE OF ARIZONA ) ) SS COUNTY 0.F-4A ) i\A6.4A c6st I:1111/4- T T in en cknowledged before me this day of3 , 2001 , by d �� --4.112iL i(' 6k.V_ Notary Publi My Commission Expires: ( 7. f(o 1110.1111.416.411.1111.4111.4116.10.411111*411.4116411111.016.1. 1 ,..,,,,_f_.,,,,,, SHELLY K.OROZCO ,i7;..:.,,. ,i Notary Public-Arizona t 4 V ' .t Maricopa County ti� ,� My Commission Expires '� ©ham April 20,2010 K 4p ,t i�y p Fapp X11 N 10 ii AANN JNA 111 , I NN N.\i k50SOVl:OOt\"l1IC-WATER\Water Utility Easement Revised 03240S.dac July 8, 2009 WLB No.185050-VE01-1003 T e W:\LEGALS\185050\Nh04\OVM\Water-16 inch Relocation.doc 11/LB N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_16_inch Relocation.dwg Inc. LEGAL DESCRIPTION ORO VALLEY MARKETPLACE PUBLIC WATERLINE EASEMENT FOR 16 INCH WATERMAIN RELOCATION PLANS That portion of land within Common Area B, of ORO VALLEY MARKETPLACE, LOTS 1 THRU 29, AND COMMON AREAS A, B, and D, recorded in the office of the Pima County Recorder, in Book 64 of Maps and Plats, Page 42, and lying within Section 31, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the Southeast corner of said Section 31 as shown on the plat of said Oro Valley Marketplace;; THENCE N 00°00'39" E, along the East line of the Southeast Quarter of said Section 31, a distance of 485.41 feet to a point on the arc of a non-tangent curve concave to the Southwest, a radial line through said point bears N 26°51'15" E, said point being on the centerline of a twenty (20) foot wide waterline easement recorded in Docket 11894, Page 2056; THENCE Northwesterly along said non-tangent curve to the left, having a radius of 845.00 feet, a central angle of 02°39'03", for an arc distance of 39.10 feet to a point on said centerline; THENCE N 24°12'12" E, 10.00 feet to a point on the Northerly line of said twenty(20)foot wide waterline easement, said point being the POINTOF BEGINNING; THENCE N 21°51'08" W, 17.87 feet to a point on the arc of a non-tangent curve concave to the Southwest, a radial line through said point bears N 23°21'12" E; THENCE Northwesterly along the arc of said non-tangent curve to the left, having a radius of 867.50 feet, a central angle of 05°24'35", for an arc distance of 81.91 feet to a point of a 1 non-tangent line; THENCE S 63°08'57" W, 17.87 feet to a point on the arc of a non-tangent curve concave to II„ the Southwest, a radial line through said point bears N 17°05'36" E,said point being on the Northerly line of said twenty(20) foot wide water easement; ri;! lu� THENCE Southeasterly along said Northerly nn-tan ent curve to the right, having a radius of 855.00 feet, a central angle of 07°06'35",for an arc distance of 106.10 feet to the POINT OF BEGINNING. Page 1 of 2 July 8, 2009 WLB No.185050-VE01-1003 T e W:\LEGALS\185050\Nh04\OVM\Water-16 inch Relocation.doc IVLB N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_16_inch Relocation.dwg Inc. Prepared by: THE WLB GROUP, INC. 'CA AOP:d_W„' 4)t. Jack A. Buchanan -'A 12214 JAB: jw I JACK A. BUCHANANt NED 41zona V,S•�' EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) 7 N YI �I`fl{Y q� pl a... Page 2 of 2 t I c LOT 11 — -- 4 , • .... _ __ , _ _ _ ,. _ _ _ , ... _ _ _ �'� . �� LOT 12 • • • • P.O.B. 20' WATER EASEMENT PER • • •1 `� *''4-1).4 2056 � � �� � DKT. 11894, PG. -, 'el) 6'. • • - -4 4 \ 4)p, 10.00 N 24'12'12" E (P. .?>*L=39.10' •• *4), A02'39'03" • N N R=845.00' `♦ ♦00 \ :71-1;) • trip o ♦ z •• COM. 31 Is& 32 6 `' 5 EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC WATER EASEMENT PER EXISTING 16" WA TERMAIN RELOCATION PLAN WITHIN 1"=40' ORO VALLEY MARKETPLACE The ,N SECTION 31, T. 11 S., R. 14 E., G.S.R.M., WLg ORO VALLEY, PIMA COUNTY, ARIZONA G r o u pl WLB# project No. 185050VE01-1003X 1/1 N:\185050\NEIGFPMIro—VaTleirtfarketplace\EXHIBITS\Water Easements\Legal_1 6_inch Relocation.dwg Plotted: Jul. 13, 2009