HomeMy WebLinkAboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC (Grantor), Oro Valley Marketplace Public Waterline Eas (8) F. ANN RODRIGUE Z, RECORDER DOCKET: 13671
RE C 3RDE D' BY: LLW of PI PAGE: 706
DEPUTY RECORDER v NO. OF PAGES: 5
1956 PE-2 "tit* SEQUENCE: 20092060259
SOROV w'`�;,. 10/26/2009
TOWN OF ORO VALLEY �f' 4.a v EASMNT 14:21
11000 N LA CANADA litI1014t
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 8.00
UTILITY EASEMENT
HOU 5'99p 2:59 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
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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. 'N
N I SSOSOV 1,001,Tl1C-WATFR\Water Utility Fasement Revised)32408 doc
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THIS EASEMENT granted this day of , 20 .
GRANTOR
Vestar OVM, L. ' ., by V- r A-*zona XLI, L.L.C., it Managing Member
/ '
By: I... II' Z 4
faul Rhodes
Tit : Senior Vice President
STATE OF ARIZONA )
) SS
COUNTY OF PIMA )
This instrument was acknowledged before me this /0 day of ,,,,,,b%- , 20 07, by
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ti--0 cifJ .
Notary Public
My Commission Expires: S 2i f(
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DIANE ENGEBRErT�So a�ryPublic Aricopa County
My Commission Expires
Q„ate May 31,2011
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July 8, 2009
WLB No.185050-VE01-1003
Tm W:\LEGALS\185050\Nh04\OVM\Water-Theatre FS Mod.doc
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LEGAL DESCRIPTION
ORO VALLEY MARKETPLACE
PUBLIC WATERLINE EASEMENT FOR THEATRE
FIRE SERVICE MODIFICATION PLANS
That portion of land within Lot 17 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, Gila
and Salt River Meridian, Pima County, Arizona, described as follows:
COMMENCING at the angle point of the South right-of-way line of Tangerine Road near the
intersection with the West right of way line of Oracle Road-State Highway 77 being a found
ADOT ROW disk shown on Sheet 6 of said plat;
THENCE N 89°30'25" W, along said Tangerine Road right-of-way line a distance of 66.44
feet to a point on the Easterly line of Common Area "A";
THENCE S 08°41'52" W, along said line a distance of 185.23 feet to an angle point;
THENCE S 77°54'32" E, 12.59 feet to a point referred to as Point "F-4" on LEGAL
DESCRIPTION, ORO VALLEY MARKETPLACE, PUBLIC WATER EASEMENT FOR
PHASE 2 WATER PLANS;
THENCE S 38°19'09" E, 30.14 feet along the centerline defined by RUN F-4 in said legal
plans to a point on said RUN F-4 easement line;
THENCE S 48°28'34" W, 6.83 feet along said RUN F-4 easement line to the POINT OF
BEGINNING;
THENCE S 41°12'09" E, 1.21 feet;
IL
THENCE N 53°07'36" E, 23.39 feet;
THENCE N 08°07'36" E, 10.05 feet; IL
THENCE N 64°22'36" E, 56.20 feet;
THENCE S 48°07'24" E, 43.41 feet; dw.,
THENCE S 08°07'36" W, 10.46 feet;
THENCE S 80°00'06" E, 4.41 feet;
Page 1 of 2
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July 8, 2009
WLB No.185050-VE01-1003
T W:\LEGALS\1 85050\N h04\OVM\Water-Theatre FS Mod.doc
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THENCE S 09°59'54" W, 6.16 feet;
THENCE S 81°52'24" E, 14.80 feet;
THENCE N 08°07'36" E, 22.10 feet;
THENCE N 48°07'24" W, 66.26 feet;
THENCE S 64°22'36" W, 74.24 feet;
THENCE S 08°07'36" W, 7.61 feet;
THENCE S 53°07'36"W, 6.37 feet to a point on said RUN F-4 easement line;
THENCE S 38°19'09" E, 15.64 feet along said RUN F-4 easement line;
THENCE S 48°28'34" W, 14.34 feet along said RUN F-4 easement line to POINT OF
BEGINNING;
Prepared by: ,47pir A
THE WLB GROUP, INC. 4 -- 12214
JACK A.
B U C HANAN
S��NED�
Jack A. Buchanan „ :? s.�”
JAB: 0/ `''
EXPIRES 3/31/2011
(INDICATES RENEWAL DATE)
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Page 2 of 2
• N89'30'25"W
66.44' FOUND ADOT ROW DISK
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COMMON AREA "A"
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S77•54,32„e \41; z 0 % %
12.59' e
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EXHIBIT TO ACCOMPANY DESCRIPTION OF
• PUBLIC WATER EASEMENT PER THEATRE FIRE SERVICE MODIFICATIONS PLAN
WITHIN
ORO VALLEY MARKETPLACE 1"-40,
SECTION 32, T. 11 S., R. 14 E., G.S.R.M., /\
ORO VALLEY, PIMA COUNTY, ARIZONA WEB
Grou p��u Imp!
WLB# project No. 185050VE01-1003X
N:\185050\NEIGH4\0ro Valley Marketplace\EXHIBITS\Water Easements\Legal_Theatre.dwg Plotted: Jul. 08, 2009 1/1