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HomeMy WebLinkAboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC (Grantor), Oro Valley Marketplace Access Easement for F. ANN RODR I GUE Z, RECORDER DOCKET: 13671 RECORDED BY: LLW PAGE: 784 DEPUTY RECORDER v PI"i NO. OF PAGES: 4 1956 PE-2 �w �:, SEQUENCE: 20092060267 SOROV w �_�� �� ��Z 10/26/2009 TOWN OF ORO VALLEY 1: o t 4 EASMNT 14:21 11000 N LA CANADA 44I1014t ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 8.00 UTILITY EASEMENT HOU 5'89pM 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 other evidence of obligation, to the easements and rights described in this conveyance g 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 ►;. g as fully and completely as though such easements and rights were recited fully and set 8 forth in their entirety in such documents. 4 N.%!S5O5OvE00I',1't.X-WATER'•Water lJtility Easement Rc►ised 032408.doc THIS EASEMENT granted this I Z day of (0 G , 200 7 . GRANTOR Vestar OVM .L.C., by Vestar Arizona XLI, L.L.C., it Managing Member Pd By: ._. 1►.i a.Ili_..,.1.! J l.ul Rho Ies Titl,. /IA A.A''vet.fre.. STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) Thisin rument was acknowledged before me this( 2, day of 0 , 20 Of, by va.,..t /t . 11 I Notary Public My Commission Expires: j' ..)/ // .`•,,r•�,:;, DIANE ENGEBRETSON �'("it`�' Notary Public-Arizona • Maricopa County A My Commission Expire >;.v4' May 31,2011 1 1 as !til 17 1 I' qh1 "q iNf!1 N:',185O5OVE0001';TUC-WATER\urate!Utility Easement Revised 032408.doc • J , July 28, 2009 WLB No.185050-VE01-1003 W:\LEGALS\185050\Nh04\OVM\Well E-4 OVMP.doc T e N:\185050\NEIGH4\OroValley Marketplace\Exhibits\ ivLB Well E-4 Access Easement_OVMP.dwg Group Inc. LEGAL DESCRIPTION ORO VALLEY MARKETPLACE ACCESS EASEMENT FOR WELL SITE #E-4 (WITHIN ORO VALLEY MARKETPLACE) That portion of land within Common Areas"A"and"D"as shown, in The Amended Final Plat of Oro Valley Marketplace, Lots 1 thru 31, 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, Gila and Salt River Meridian, Pima County,Arizona, 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 plat bearing, along the North line of said Section 32, a distance of 695.06 feet to a point on the Southwesterly boundary line of said plat; THENCE N 55°40'13" W plat bearing, along the Southwesterly boundary line of said plat, a distance of 450.90 feet, to the POINT OF BEGINNING; THENCE continue N 55°40'13" W plat bearing, 109.72 feet to a point on a non-tangent curve concave to the East, a radial line through said point bears N 62°56'28" W; THENCE Northeasterly along the arc of said non-tangent curve to the right, having a radius of 13.50 feet, a central angle of 07°13'41", for an arc distance of 1.70 feet to a point of tangency; THENCE N 34°17'14" E, 10.53 feet; THENCE S 55°42'46" E, 15.00 feet; i 1 THENCE S 34°17'14" W, 9.03 feet; 1 THENCE S 55°42'46" E, 78.86 feet; ,01111 THENCE S 44°06'30" E, 16.31 feet to the POINT OF BEGINNING. "IOW ci; Prepared by: ; : ow' -� w 2214 THE WLB GROUP, INC. JACK A. BU1CHANAN .93 Jack A. Buchanan ' JAB:jaw `s�cNED v v.5•P.' •nc Pa e 1 of 1 EXPIRES 3/31/2011 g (INDICATES RENEWAL DATE) • LOT 12 *‘ \ `xNT ��� P.O.B. •'$,,i, sp, \\\ \ `?' z LOT 13 BIG WASH \ � (PIMA COUNTY) �� DKT.11864,PG.756 � I 1 4/ *. S . li... WELL SITE #E-4 � I O�`3�' / Sp•9o, 3 1,..E 2 T-1 1 —S N 89'21'49" E 6I 5 T-12—S 695.06' EXHIBIT TO ACCOMPANY DESCRIPTION OF ACCESS EASEMENT FOR WELL SITENO.E-4 WITHIN ORD VALLEY MARKETPLACE 1"-80' SECTION 32, T. 11 S., R. 14 E., G.S.R.M., WEB ORO VALLEY, PIMA COUNTY, ARIZONA GroupP OLE my WLB# project No. 181F..� 1�1 N:\185050\NEIGH4\Oro Valley Marketplace\EXHIBITS\Well E-4 Access Easement_OVMP.dwg Plotted: Sep. 11 , 2009