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HomeMy WebLinkAboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC (Grantor), Oro valley Marketplace Public Waterlien Eas F. ANN RODRIGUE Z, RECORDER DOCKET: 13671 RE CORD ED BY: LLW PAGE: 774 oFPI DEPUTY RECORDER v NO. OF PAGES: 5 1956 PE-2 w �� �� � SEQUENCE: 20092060265 rl SOROV w4 =" i ' Z 10/26/2009 TOWN OF ORO VALLEY EASMNT 14:21 11000 N LA CANADA 11I2010* ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 8.00 UTILITY EASEMENT HOU 5'89p 2:59 TOV 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 casement 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. Alleasements 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 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 N�I as fully and completely as though such easements and rights were recited fully and set forth in their entirety in such documents. N::I 5O5OVE0Ut`;Tt'i:-WATER`•Water utility t:asement Revised 032408.doc S THIS EASEMENTg ranted this L day of c+0 , 20 © f . GRANTOR Vestar OVM L.L.C., by Vestar Arizona XLI, L.L.C., it Managing Member By: .' _. Ar. Paul 'i odes T. e: /lk41 — STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) This instrument was acknowledged before me this f?_day of Oc7ji7b'-' , 20 O 1, by J koda) . Notary Public My Commission Expires: 3 /J( e/ DIANE ENGEBRET oO taa cçj Nory Public-ArizMaricopa CountyMy Commission Expi2011 FN1 N'ry(�)N I YI,I+ �II '7 „„ N:'tiI8305OVFOWVFUC-WATER!Watet 1.:ti{ity Easement Revised 032408.duc July 8, 2009 WLB No.185050-VE01-1003 "tel3 W:\LEGALS\185050\Nh04\OVM\Water-8 inch Well.doc N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_8 inch Well.dwg Inc LEGAL DESCRIPTION ORO VALLEY MARKETPLACE PUBLIC WATERLINE EASEMENT FOR 8 INCH WELL RELOCATION PLANS (WITHIN OVM) That portion of land within Water Harvest Way formerly known as Innovation Market Drive, in 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, 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°2149" E plat bearing, along the South line of said Section 32, a distance of 735.08 feet to the POINT OF BEGINNING; THENCE N 55°41'38" W, 268.22 feet; THENCE N 34°18'22" E, 15.00 feet; THENCE S 55°41'38" E, 268.72 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Southeasterly along the arc of said tangent curve to the right, having a radius of 1625.00 feet, a central angle of 20°41'28", for an arc distance of 586.83 feet to a point of curvature of a tangent compound curve concave to the Southwest; THENCE Southeasterly along the arc of said compound curve to the right, having a radius of 2015.00 feet, a central angle of 18°45'27", for an arc distance of 659.67 feet to a point of non- tangency;tangency; ",4) THENCE S 75°03'00" W, 35.95 feet to a point on the Southwesterly boundary line of said ;µ plat, said point being on a curve a radial line through said point bears N 75°29'45" E; , M THENCE Northwesterly along the arc of said compound curve to the right, having a radius of 1710.00 feet, a central angle of 00°30'09", for an arc distance of 15.00 feet to a point of non- I tangency; Page 1 of 2 July 8, 2009 WLB No.185050-VE01-1003 W \LEGALS\185050\Nh04\OVMWater-8 inch Well.doc N:185050\NEIGH4\OroValley Marketplace\Exhibits\ Water Easements\Legal_8 inch Well.dwg Group Inc. THENCE N 75°03'00" E, 20.50 feet to a point of curvature of a curve concave to the Southwest, a radial line through said point bears N 73°18'54" E; THENCE Northwesterly along the arc of a non-tangent curve to the left, having a radius of 2000.00 feet, a central angle of 18°19'04", for an arc distance of 639.41 feet to a point of curvature of a tangent compound curve; THENCE Northwesterly along the arc of said compound curve to the left, having a radius of 1610.00 feet, a central angle of 20°41'28",for an arc distance of 581.42 feet to a point of tangency; THENCE N 55°41'38" W, 0.50 feet to the PO OF BEGINNING. Prepared by: THE WLB GROUP, INC. -Tva;�Ip 46, ,,/re 12214(01\ JACK A. V5, Jack A. Buchanan \CA_NAN� JAB: mo �' AY D�i?onc ,S.�,' EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) Ii NPof�1 d Page 2 of 2 I LOT 12 II 1 ��' .:11.74, LOT 13 �*;''''-, '�' LOT 17 4.4) _ I 4,04:pii <I/�' �- / ' I I r/\/',,, P.O.B. r COM I I/ ,.,. r , . I • • 2 LOT 11///' ' T-11 -S 31 32 _ .., _ _ - - - - - - - - - - T 12-S 6 5 N 89'21'49" E �, , *I 1 735.08 49e4P+ars::;:p' ,...,� OT 16ii ii ,� \\ LOT 15 r , � ��\ \ 1r - o ` , I l 4"'*it+ '',;.\\ � ' I r I ',2\\ LOT 19 ii' % \ LOT 18 I1 is 1 I c7 I BIG WASH - , 2'' \ i r I (PIMA COUNTY \ i 1 tv ! DKT.1 1864,PG.756 \ 1 r1 Q), l 1 1 / Z.17 1 \ \‘ il/Il I r1' 1 il /Il 1 I 11 / WELLSITE (TOWN OF ORO VALLEY) \ .- _ II !I 1111111.1 1 - DKT.1 1279,PG.1751 \ • 1 EXHIBIT TO A DESCRIPTION OF PUBLIC WATER EASEMENT PER 8" WELL WATERLINE RELOCATION PLAN WITHIN .. ORO VALLEY MARKETPLACE »_ 1 -200 - SECTION 32, T. 11 S., R. 14 E., G.S.R.M., SECTION 5, T. 12 S. R. 14 E. G.S.R.M., Th e ,N ORO VALLEY, PIMA COUNTY, ARIZONA GroWLBu pligailB guir WLB# project No. 1 85050,VE01—1 003X N:\185050\NEIGH4\Oro Valley Marketplace\EXHIBITS\Water Easements\Legal_8 inch Well.dwg Plotted: Jul. 08, 2009 1/1