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HomeMy WebLinkAboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC, Oro Valley Marketplace Public Waterline Easement for F. ANN RODRI GUE Z, RECORDER DOCKET: 13671 RECORDED BY: LLW PAGE: 691 of pi DEPUTY RECORDER NO. OF PAGES: 11 1956 PE-2 w �� �� O� SEQUENCE: 20092060257 SOROV w,c �=�" VIJI 10/26/2009 TOWN OF ORO VALLEY ��' EASMNT 14:21 11000 N LA CANADA 44/fOtita* ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 11.00 UTILITY EASEMENT HOU 5'99p 2:52 IOU 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 1, other evidence of obligation, to the easements and rights described in this conveyance g � g Y 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. f:OOt I!I('-WA"IFR\Watr WIly[:ascmcmRevised032408.dV THIS EASEMENT granted this day of , 20 . GRANTOR Vestar OVM, .L.L ' , by V- ,tar Arizona KU, L.L.C., it Managing Member / By: A,, � 1/ 1i r .ul Rhodes Ti ,_. Senior Vice President STATE OF ARIZONA ) ) SS COUNTY OF PIA ) i'WC"rf ClA' 1(41° . is i strument was acknowledged before me this day of , 20 Ol , by t des if ,4 Ck2f. -oar 1 • Notary Pub' (4 My Commission Expires: 12,01 V 1 Aff_u),, SHELLY K.OROZCO -��,��`\< Notary Public-Arizona ..' '� Maricopa County41 � •`' �� My Commission Expires ©��`� April 20,2010IS li E 7 IMM�I 1 Itg ,iii 4 N:\185050VE001\1i)(-WATER\Water Utility Easement Revised 0324O8.doc July 8, 2009 WLB No.185050-VE01-1003 W:\LEGALS\185050\Nh04\OVM\Water-Bldgs 1.doc zeti N:185050\NEIGH4\OroValley Marketplace\Exhibits\ Water Easements\Legal_Bldgs 1.dwg roup Inc. LEGAL DESCRIPTION ORO VALLEY MARKETPLACE PUBLIC WATERLINE EASEMENT FOR BUILDINGS GROUP 1 FIRE SERVICE MODIFICATION PLANS That portion of land within Lots 17 and 18, 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 32, Township 11 South, Range 14 East, and Section 5, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, the centerline described as follows: COMMENCING at the corner common to Sections 31, 32, 5 and 6 as shown on the plat of said Oro Valley Marketplace; THENCE N 89°21'49" E,along the North line of said Section 5, a distance of 2171.51 feet to a point herein referred to as Point "Y", a point defined as Point "Y" on LEGAL DESCRIPTION, ORO VALLEY MARKETPLACE, PUBLIC WATER EASEMENT FOR PHASE 2 WATER PLANS; Easement 1 BEGINNING at said Point"Y"; THENCE N 9°59'52" E, 3.66 feet along centerline defined as RUN A-Y in said legal; THENCE N 80°00'06"W,49.79 feet to a point on said RUN A-Y easement line to the POINT OF BEGINNING; THENCE N 9°59'52" E, 3.50 feet along said RUN A-Y easement line; THENCE N 80°00'08" W, 8.40 feet; '7 THENCE N 12°30'06"W, 10.27 feet; THENCE N 80°00'08"W, 15.27 feet; i THENCE S 10°47'00" W, 24.49 feet; THENCE S 80°00'08" E, 9.51 feet; Page 1 of 6 1 I July 8, 2009 WLB No.185050-VE01-1003 Z W:\LEGALS\185050\Nh04\OVM\Water-Bldgs 1.doc N:185050\NEIGH4\OroValley Marketplace\Exhibits\ CO Water Easements\Legal_Bldgs 1.dwg up Inc. THENCE S 12°30'06" E, 63.61 feet to a point on an easement line defined as RUN A-2 in said legal; THENCE N 9°58'43" E, 9.02 feet along said RUN A-2 easement line; THENCE S 80°00'06" E, 12.50 feet along said RUN A-2 easement line; THENCE N 12°30'06" W, 53.85 feet; THENCE S 80°00'08" E,44.47 feet to a point on an easement line defined by RUN-A in said legal; THENCE N 9°59'54" E, 4.00 feet along said RUN-A easement line to a point on an easement line defined by RUN A-Y in said legal; THENCE N 80°00'06" W, 42.29 feet along said RUN A-Y easement line; THENCE N 9°59'52" E, 7.50 feet along said RUN A-Y easement line to the POINT OF BEGINNING; Easement 2 BEGINNING at said Point"Y"; THENCE S 9°59'54"W, 610.97 feet along the centerline defined as RUN A in said legal plans to a point defined as Point"A-11" in said legal; THENCE N 80°00'06" W, 65.56 feet along the centerline defined by RUN A-11 in said legal plans to a point on said RUN A-11 easement line; THENCE S 9°59'54" W, 7.50 feet along said RUN A-11 easement line to the POINT OF BEGINNING; 1„ �MI THENCE S 54°59'54" W, 33.30 feet; THENCE N 80°00'32" W, 3.67 feet; , THENCE S 9°59'54" W, 15.00 feet; r 1„ THENCE S 80°00'32" E, 6.99 feet; THENCE S 9°59'28" W, 4.04 feet; Page 2 of 6 , , r July 8, 2009 WLB No.185050-VE01-1003 'T' W:\LEGALS\185050\Nh04\OVM\Water-Bldgs 1.doc et3 N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_Bldgs 1.dwg Inc. THENCE S 80°00'32" E, 7.50 feet; THENCE S 9°59'50" W, 50.24 feet to a point on an easement line defined by RUN A-13 in said legal; THENCE S 80°39'45" E, 15.00 feet along said RUN A-13 easement line; THENCE N 9°59'50" E, 65.07 feet; THENCE N 80°00'32" W, 8.65 feet; THENCE N 54°59'54" E, 39.02 feet to a point on an easement line defined by said RUN A-11; THENCE N 80°00'06" W, 21.21 feet along said RUN A-11 easement line to the POINT OF BEGINNING; Easement 3 BEGINNING at said Point"Y"; THENCE S 09°59'54" W, 740.82 feet along the centerline defined as RUN A in said legal plans; THENCE N 80°00'06" W, 7.50 to a point on an easement line defined by said RUN A to the POINT OF BEGINNING; THENCE continue N 80°00'06" W, 65.64 feet; THENCE S 09°59'54" W, 15.00 feet; THENCE S 80°00'06" E, 65.64 feet to a point on an easement line defined by said RUN A; THENCE N 9°59'54" E, 15.00 feet along said RUN A easement line to the POINT OF BEGINNING; Easement 4 i4 1wNR BEGINNING at said Point"Y"; THENCE S 9°59'54" W, 784.75 feet along the centerline defined as RUN A in said legal plans to a point defined as Point "A-14" in said legal; Page 3 of 6 July 8, 2009 WLB No.185050-VE01-1003 T W:\LEGALS\185050\Nh04\OVM\Water-Bldgs 1.doc 53 N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_Bldgs 1.dwg Inc. THENCE N 80°00'06" W, 7.50 feet along the centerline defined by RUN A-14 in said legal plans; THENCE N 9°59'54" E, 7.50 feet to a point on an easement line defined by said RUN A to the POINT OF BEGINNING; THENCE continue N 9°59'54" E, 6.00 feet along said RUN A easement line; THENCE N 80°00'06" W, 41.24 feet; THENCE S 9°59'54" W,6.00 feet to a point on an easement line defined by said RUN A-14; THENCE S 80°00'06" E, 41.24 feet along said RUN A-14 easement line to the POINT OF BEGINNING; Easement 5 BEGINNING at said Point"Y THENCE S 9°59'52" W, 784.75 feet along the centerline defined as RUN A in said legal plans to a point defined as Point "A-14" in said legal; THENCE N 80°00'06" W, 31.24 feet along the centerline defined by RUN A-14 in said legal plans; THENCE S 9°59'54" W, 7.50 feet to a point on an easement line defined by said RUN A-14 to the POINT OF BEGINNING; THENCE N 80°00'06" W, 15.00 feet along said RUN A-14 easement line; THENCE S 9°59'12" W, 1.70 feet; THENCE S 80°00'06" E, 15.00 feet; w �.a i THENCE N 9°59'12" E, 1.70 feet to the POINT OF BEGINNING; ut ii Easement 6 BEGINNING at said Point"Y"; µ THENCE S 9°59'54" W, 784.75 feet along the centerline defined as RUN A in said legal plans to a point defined as Point "A-14" in said legal plans; Page 4 of 6 July 8, 2009 WLB No.185050-VE01-1003 '1" W:\LEGALS\185050\Nh04\OVM1Water-Bldgs 1.doc ei3 N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_Bldgs 1.dwg Inc. THENCE N 80°00'06" W, 88.06 feet along the centerline defined by RUN A-14 in said legal plans to a point on an easement line defined by said RUN A-14 to the POINT OF BEGINNING; THENCE S 9°59'54" W, 7.50 feet along said RUN A-14 easement line; THENCE S 80°00'06" E, 3.82 feet along said RUN A-14 easement line; THENCE S 54°59'54" W, 2.95 feet; THENCE N 80°00'06"W, 15.92 feet; THENCE N 9°59'54" E, 9.75 feet; THENCE S 79°54'46" E, 4.44 feet; THENCE N 54°59'54" E, 10.39 feet; THENCE S 80°00'06" E, 2.39 feet to a point on said RUN A-14 easement line; THENCE S 9°59'54" W, 7.50 feet along said RUN A-14 easement line to the POINT OF BEGINNING; Easement 7 BEGINNING at said Point"Y"; THENCE S 09°59'54" W, 810.46 feet along the centerline defined as RUN A in said legal; THENCE S 20°28'40" W, 109.96 feet along the centerline of said RUN A; THENCE S 10°00'33" W, 107.29 feet along the centerline of said RUN A to a point defined F as Point "A-17" in said legal; THENCE N 79°59'27" W, 130.35 feet along the centerline defined by RUN A-17 in said legal , plans; ;� ,. THENCE ° � .. W 7.50 S 10 00 33 feet to a point on an easement line defined by said RUN A-17 to the POINT OF BEGINNING; THENCE S 9°59'28" W, 110.42 feet; Page 5 of 6 July 8, 2009 WLB No.185050-VE01-1003 L11.13 W:\LEGALS\185050\Nh04\OVM\Water-Bldgs 1.doc N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_Bldgs 1.dwg Inc. THENCE N 80°00'32" W, 12.27 feet; THENCE S 9°59'54" W, 15.00 feet; THENCE S 80°00'32" E, 27.27 feet; THENCE N 9°59'28" E, 125.42 feet to a point on said RUN A-17 easement line; THENCE N 79°59'27" W, 15.00 feet along said RUN A-17 easement line to the POINT OF BEGINNING; Prepared by: THE WLB GROUP, INC. E ��L Jack A. Buchanan I / 1221ACKA4 JAB: jw . . k4BUCHANANI,‘ siGNED9 tizonc V•5•� EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) 111 1►M 7 �11 Mull l,l� VIII '11 IMIII N 1 �11 Page 6 of 6 , .-4-40.1--, 0-, ..--4.7r.-a LOT 17 r - - - _ _____ C - - - ...- .... - - _ _ ..... _ _ --- 7_ - - -7 -1 • I I I EASEMENT 1 r -g. 1 , I 11. — COM. L _ ' Y - - 31`2 1/ � � � � � • T-11 —S \-- r � � � T-12—S 85 N » E 1 i I 2171.51' L I / I- ' J 'T i 0 i 1 ti- --1 I 1 i 1 tc,4_ 1 t 1 tv — ___I I 1 17 — 1 Q) LOT 18 i i / A_2 O EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC WATER EASEMENT PER BUILDINGS GROUP 1 FIRE SERVICE MODIFICATIONS PLAN WITHIN ORD VALLEY MARKETPLACE 1"=40' SECTION 32, T. 11 S., R. 14 E., G.S.R.M., \ SECTION 5, T. 12 S., R. 14 E., G.S.R.M., The ORO VALLEY, PIMA COUNTY, ARIZONA Group�� yr WLB# project No. 185050VE01-1003X N:\185050\NEIGH4\Oro Valley Marketplace\EXHIBITS\Water Easements\Legal_Bldgs 1 .dwg Plotted: Jul. 08, 2009 1/3 I— ____ _____ ____ ..... ..., ...4 I EASEMENT 2\ tii:— . — — — _ _ J I 1 �7- _ � �Ail I111 I I 1 / LOT 18 1 i 1 � i � i 1 i 1 1 t 1 I i 1 I I as r — — .___ ____ 1 1 I I L 'T _ _ _____ 1 0 IL .... , I 1— .. _ .. L .. .., .. _ _ __ — — _ _ -... a.. — — __J i *"11 k7 jA -13 (.)° 1 IP*ma i I / aft ,,,„ , 'T ~ fti '� � � � � iF.,4 T1 —LP.S.B. T3 P.O.B.I EAT 6 I I � — — r - - - -ii2 ���... _ , , � E EM NT 4 'e� A7 14 EM�11fiT 5 EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC WATER EASEMENT PER BUILDINGS GROUP 1 FIRE SERVICE MODIFICATIONS PLAN WITHIN ORO VALLEY MARKETPLACE 1"-40, SECTION 32, T. 11 S., R. 14 E., G.S.R.M., /\ SECTION 5, T. 12 S., R. 14 E., G.S.R.M., Wro EB ' ORO VALLEY, PIMA COUNTY, ARIZONA Gupe „ 1 WLB# project No. 185050VE01-1003X N:\185050\NEtGH4\Oro Valley Marketplace\EXHIBITS\Water Easements\Legal_Bldgs 1 .dwg Plotted: Jul. 08, 2009 2/3 I r _ 1 rii I i i / i i P.O.B. r- - - - _ _ 1 i 1 8 � � — ' LOT 1 - - - _ _ — i , — _ _ - -/ Al 14 1 1 1 1 Ii i 1 1 I I i I 4 1 L___ 1 t t - - -1 I I 1 tv t 1 , _k7 1 i 1 1 1 I 1 1 L____ 1,...T r .if I _ _ _ 1 fr - . ---3 Ns - _ _ _ .. ____ _ f-r-L 1 1 1 o _ _ _ _ ... _ _ _ .... ... „s, „,,i 1 i n , - - _ _ _ _ _ I I 1 I ii 1 __ __ __ ...... ... .... .4 ----- ____. ____ I I i , : i — — — ___ "T" — .... „ — — — — _ I I 1 L--1-1 • ---1 I r _____ _ _ '''.. -- , , , — — — ____ _ _ l• ' — — — ... , 4 1 LOT 20 i I L_ 1 J I i o I a , LOT 21 r i I - EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC WATER EASEMENT PER BUILDINGS GROUP 1 FIRE SERVICE MODIFICATIONS PLAN WITHIN ORO VALLEY MARKETPLACE 1"=40' SECTION 32, T. 11 S., R. 14 E., G.S.R.M., rN SECTION 5, T. 12 S., R. 14 E., G.S.R.M., The ORO VALLEY, PIMA COUNTY, ARIZONA Grou plINF WLB# project No. 185050VE01-1003X N:\185050\NEIGH4\Oro Valley Marketplace\EXHIBITS\Water Easements\Legal_Bldgs 1 .dwg Plotted: Jul. 08, 2009 3/3