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HomeMy WebLinkAboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC (Grantor), Oro Valley Markeplace Public Waterline Ease F. ANN RODRIGUEZ, RECORDER DOCKET: 13671 RE CORDE2) BY: LLW PAGE: 687 DEPUTY RECORDER V°F P NO. OF PAGES: 4 1956 PE-2 '� - �� 0 SEQUENCE: 20092060256 SOROV 10/26/2009 TOWN OF ORO VALLEY �' '� EASMNT 14:21 11000 N LA CANADA ORO VALLEY AZ 85737 MAI AMOUNT PAID $ 7.00 UTILITY EASEMENT HOU 5'89PM 2:53 101) 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 n;r 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,1`3S()St)VEOOI\ IC-WA"I ER,Watel Utility Easement Revised 032408.d • THIS EASEMENT granted this day of , 20 GRANTOR k Vestar OVM, L.L.0 .y Vest' A rizon XLI, L.L.C., it Managing Member By: J. .ul Rhodes Ti tl Senior Vice President STATE OF ARIZONA ) ) SS COUNTY OF f-A- ) 421 ii irn nt as acknowled ed before me this dayof 20 b 9 g , � by --amPrAiL/L, drA__ _ Notary Pubi, My Commission Expires: LOU / Ia �;�� SHELLY K.OROZCO _1.1"1 ,4*- Notary Public-Arizona Maricopa County 4 My Commission Expires p 4 April 20,2010 1�1 +a1,Y Ilpl�l Ir� RI 111 'mri�l 111, N:\185050VE:00I\TIJC'-WATER,,Water Utility Easement Revised 032408.d0c September 3, 2009 WLB No.185050-VE01-1003 W:\LEGALS\185050\Nh04\OVM\Water-12 inch DIP to Water Plant_OVMP.doc N:185050\NEIGH4\OroValley Marketplace\Exhibits\Water Easements TILeB Legal_12 inch Well Site DIP_OVMP.dwg roup nc LEGAL DESCRIPTION ORO VALLEY MARKETPLACE PUBLIC WATERLINE EASEMENT FOR 12" DIP SECTION CONNECTING DE-ACTIVATED WELL E-4 TO WATER PLANT#1 (WITHIN ORO VALLEY MARKETPLACE) A strip of land 15 feet wide within Common Areas"A"and "D"and Water Harvest Way as shown, in ORO VALLEY MARKETPLACE, LOTS 1 THRU 31,AND COMMONS 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 342.89 feet, being the POINT OF BEGINNING; THENCE N 34°19'47" E, 109.23 feet to a point on the Southwest Line of a parcel conveyed to the Town of Oro Valley as recorded in Docket 8297, Page 2101 and Docket 11490, Page 967, being the POINT OF TERMINUS. The sideline of said strip to be lengthened or shortened, to intersect at angle points and to the Southwest line of said parcel. /I Prepared by: THE WLB GROUP, INC. 001-`.4 t�L_� '��" L • ��. 2 214 904 ; Jack A. Buchanan A. B CHIA NAN JAB: jaw o, 1, 05 BONED 4PIZona v.S.M EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) ,a Page 1 of 1 LOT 12 • *-- . 4,.p, *. /rT . L�� •O�l>4:59;‘(1.47;- 4"9,0 9�`Y T >Q9° c .4f:14) . 1)0. 7°41 ?' � 1 / . LOT 13 BIG WASH P.O.B. (PIMA COUNTY) / ` • DKT.11864,PG.756 / // *,ii,./ N WELL SITE #E-4 ___/ IP �•8g 3.14i\ 2 T-1 1 -S N 89'21'49" E 6.5 T-12—S 695.06' • , EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC WATER EASEMENT PER 12" DIP SECTION CONNECTING DE-ACTIVATED WELL E-4 TO WATER PLANT #1 1»_80, WITHIN ORD VALLEYMARKETPLACE The ,'N SECTION 32, T. 11 S., R. 14 E., G.S.R.M., GroBpl II ir ORO VALLEY, PIMA COUNTY, ARIZONA WLB# project No. 185050VE01-1003X 1/1 N:\185050\NEIGH4\Oro Valley Marketplace\EXHIBITS\Water Easements\Legal_12 inch Well Site DIP_OVMP.dwg Plotted: Sep. 03, 2009