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HomeMy WebLinkAboutEasements - 10/26/2009, Utility Easement, Vestar OVM (Grantor), Oro Valley Marketplace Public Waterline Easement r F. ANN RODRIGUEZ, RECORDER DOCKET: 13671 RECORDED BY: LLW PAGE: 702 DEPUTY RECORDER voF tjk NO. OF PAGES: 4 1956 PE-2 w �: 1�, 0d SEQUENCE: 20092060258 R SOROV W -� , y 10/26/2009 TOWN OF ORO VALLEY `�' I EASMNT 14:21 11000 N LA CANADA 11I2201° ORO VALLEY AZ 85737 .reA � , AMOUNT PAID $ 7.00 UTILITY EASEMENT 5'89 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 {RII other evidence of obligation, to the easements and rights described in this conveyance �Pw NN 17 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 Ill as fully and completely as though such easements and rights were recited fully and set forth in their entirety in such documents. 'il ,l N 050V l:Ut)1't 111-WA'I ER\Wate;lJtih;y Fasement Revised 032408 do, THIS EASEMENT granted this day of , 20 . GRANTOR k Vestar OVM, .L.L 4., by V �t' r Ari ona XLI, L.L.C., it Managing Member By: . ., '_' 46/......4 J. - i1 Rhodes Title. ' enior Vice President STATE OF ARIZONA ) ) SS COUNTY OF P+M-A ) VA(411(i"Y4-- liejif‘ is . rument was acknowledged before me this day of , 20 Q , by . Cop.e.litott.ei • , 0 —or- . 1,..__ ir, - Notary or- 4 Notary Publi LI 411My Commission Expires: fZdO/iO �,, ;<;,�� SHELLY K.OROZCO ,' �*- Notary Public-Arizona 0 i •;..,.. Maricopa County 7 .;� �~ My Commission Expires 4 444►no April 20,2010 Fi ;,, g 901�� "il�l �l� 1 41 n il!g� 9 N.,1 505t1Vl:Qnl\'l ll(-WATER%Water Utility Easement Revised 032408.doc July 8, 2009 WLB No.185050-VE01-1003 TeBan W:\LEGALS\185050\Nh04\OVM\Water-Major 30.doc N:. 185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_Major 30.dwg Inc. LEGAL DESCRIPTION • ORO VALLEY MARKETPLACE PUBLIC WATERLINE EASEMENT FOR MAJOR 30 FIRE SERVICE MODIFICATION PLANS A strip of land 15.00 feet wide within Lot 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 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 said 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; THENCE S 9°59'54" W, 94.89 feet along the centerline defined as RUN A in said legal plans; THENCE N 80°00'06" W, 7.50 feet to a point on the Westerly line of an easement line defined by RUN A in said legal plans being the POINT OF BEGINNING; THENCE continue N 80°00'06" W, 100.00 feet; THENCE S 9°59'54" W, 15.00 feet; THENCE S 80°00'06" E, 100.00 feet to a point on the Westerly line of said RUN A; THENCE N 9°59'54" E, 15.00 feet along said RUN A e.sement line to the POINT OF BEGINNING; Prepared by: VpN THE WLB GROUP, INC. 10W-V.4. +0 z_t„ ' 1 14 0 22 JACK A. Jack A. Buchanan BUCHANAN, JAB: jw , s �CNED EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) Page 1 of 1 LOT 17 [--- - - - _ _ C - - - - _ - - - - _ _ _ - _ _____ _ _ - , --7 i / • i I Ii ISL '• ---- — coal 1 L L — — ' -731`2 — _ � — • 1/ --"' T-11 -S B 5 N 89'21'49" E 2171.51' T-12-S I -- j I I n J Y 1 I I ' I C - - - -I I LOT 18 LTT4 1 ---- --1 1 P.O.B. Z4)14 ,LOL 1 1 L ..... .... .., / i .. ,,,,,, ,,,, .... 100r *. ,ft .. 4 I / 1 � 1 i 1 1 1 i 1 / EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC WATER EASEMENT PER MAJOR 30 FIRE SERVICE MODIFICATIONS PLAN 1 _ WITHIN ORO VALLEY MARKETPLACE 1"=40' t- SECTIONS 31, 32, T. 11 S., R. 14 E., G.S.R.M., \ SECTION 5, T. 12 S., R. 14 E., G.S.R.M., WEB ORO VALLEY, PIMA COUNTY, ARIZONA Groupvirli3 Imp WLB# project No. 185050VE01-1003X N:\185050\NEIGH4\0ro Valley Marketplace\EXHIBITS\Water Easements\Legal_Major 30.dwg Plotted: Jul. 08, 2009 1/1