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Home My WebLink AboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC (Grantor), Oro Valley Marketplace Public Waterline Eas (4) F. ANN RODRIGUEZ, RECORDER DOCKET: 13671 ' RECORDED BY: LLW PAGE: 757 DEPUTY RECORDER v°FI NO. OF PAGES: 6 1956 PE-2 ir-44. SE UENCE: 200920602 2 SOROV w 10/26/2009 TOWN OF ORO VALLEY 1,4'41-41V1, EASMNT 14:21 11000 N LA CANADA 1/41014 ORO VALLEY AZ 8 5 7 3 7 RZGlieft,M a%' AMOUNT PAID $ 7.50 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. 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 g as fully and completely as though such easements and rights were recited fully and set ''""' forth in their entirety in such documents. N.'.18505OV E001';ft;C-WA"I ER`•.Water litility Easement Revised 032408.iioc THIS EASEMENT granted this 2, dayof $e , 20 0 . GRANTOR Vestar OVM, L.L. ., by Vestar Arizona XLI, L.L.C., it Managing Member. By: _` .�/ J`aul Rhodes Tit /11 -456— STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) This instrument was acknowledged before me thisf2'tyofOc4.(96,-- , 20 0� �.� by a.1,3 . Notary Public My Commission Expires: (( DIANE ENGEBRETSON �.�• Notary Public-Arizona Maricopa County My Commission Expires May 31,2011 {YNM M+i nxlrlyl 11 �I 111 y1 p�1 pp��l N:185O5t,F.0pi`;TLS(:-WATER`•.Water utility Easement Revised()324O8.duc 1 + • July 8, 2009 WLB No.185050-VE01-1003 Tet3 W:\LEGALS\185050\Nh04\OVM\Water-Shops C FS Mods.doc N:185050\NEIGH4\OroValley Marketplace\ Exhibits\Water Easements\Legal_Shops C.dwg Group Inc. LEGAL DESCRIPTION ORO VALLEY MARKETPLACE PUBLIC WATERLINE EASEMENT FOR SHOPS C FIRE SERVICE MODIFICATION PLANS That portion of land within Lot 12 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 Section 5,Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County,Arizona, described as follows: Easement 1 COMMENCING at the angle point of the South right-of-way line of Tangerine Road near the North lot line of Lot 12 being a found ADOT ROW disk shown on Sheet 5 of said plat, the basis of bearing is the South right-of-way line of said Tangerine Road being S 89°30'25" E; THENCE S 53°03'47" E, 116.21 feet to a point herein referred to as Point "E", a point defined as Point"E" on LEGAL DESCRIPTION,ORO VALLEY MARKETPLACE, PUBLIC WATER EASEMENT FOR PHASE 1 WATER PLANS; THENCE S 10°19'41" E, 76.36 feet along centerline defined by RUN E in said legal; THENCE S 70°14'32" E, 127.49 feet along said RUN E centerline to a point defined as Point "E-4" on said legal plans; THENCE S 19°45'28"W, 8.92 feet along centerline defined by RUN E-4 in said legal plans; THENCE S 10°19'41" E, 45.21 feet along said RUN E-4 centerline to a point on an easement line defined by said RUN E-4; THENCE N 79°40'19" E, 6.75 feet to a point on said RUN E-4 easement line being the POINT OF BEGINNING; THENCE continue N 79°40'19" E, 0.75 feet along said RUN E-4 easement line; THENCE N 10°19'41" W, 42.50 feet along said RUN E-4 easement line to a point on an easement line defined by RUN E in said legal plans; THENCE S 70°14'32" E, 6.26 feet along said RUN E easement line; Page 1 of 3 • July 8, 2009 WLB No.185050-VE01-1003 T' et3 W:\LEGALS\185050\Nh04\OVM\Water-Shops C FS Mods.doc N:185050\NEIGH4\OroValley Marketplace\ roup Exhibits\Water Easements\Legal_Shops C.dwg Inc. THENCE S 23°32'17" E, 61.55 feet; THENCE S 60°30'41" W, 15.08 feet; THENCE N 23°32'17" W, 26.20 feet to a point on said RUN E-4 easement line to the POINT OF BEGINNING; Easement 2 COMMENCING at said Point"E"; THENCE S 10°19'41" E, 76.36 feet along centerline defined by RUN E in said legal; THENCE S 70°14'32" E, 139.21 feet along said RUN E centerline; THENCE N 19°45'28" E,4.48 feet along said RUN E centerline to a point defined as Point "E-5" on said legal plans; THENCE S 70°14'32" W, 25.48 feet along centerline defined by RUN E-5 in said legal to a point on an easement line defined by said RUN E-5 being the POINT OF BEGINNING; THENCE N 6°41'41" W, 8.38 feet along said RUN E-5 easement line; THENCE S 70°14'32" E, 21.71 feet; THENCE S 25°14'32" E, 69.80 feet; THENCE S 19°45'28" W, 60.12 feet; THENCE S 64°45'28" W, 9.50 feet; THENCE N 74°04'20" W, 15.96 feet; THENCE N 7°29'35" E, 5.34 feet; THENCE N 64°45'28" E, 12.41 feet; THENCE N 19°45'28" E, 30.42 feet; N THENCE N 70°14'32" W, 11.55 feet; THENCE N 19°45'28" E, 15.00 feet; Page 2 of 3 July 8, 2009 WLB No.185050-VE01-1003 T3113 W:\LEGALS\185050\Nh04\OVM\Water-Shops C FS Mods.doc N:185050\NEIGH4\OroValley Marketplace\ roup Exhibits\Water Easements\Legal_Shops C.dwg tnc. THENCE S 70°14'32" E, 11.55 feet; THENCE N 19°45'28" E, 2.27 feet; THENCE N 25°14'32" W, 57.38 feet; THENCE N 70°14'32" W, 8.03 feet to a point on said RUN E-5 easement line; THENCE N 6°41'41" W, 8.38 feet along said RUN E-5 easement line to the POINT OF BEGINNING; Prepared by: THE WLB GROUP, INC. /01?%►� N P° i91; I `ie12214 3 JACK A. Jack A. Buchanan BUCHANAN' JAB: W °� 1 1's ,GNEO .- 4P40„„ iJ.0k EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) ddIw pNul 1p6ii� Iro IMI II Page 3 of 3 ROW DISK5.30 S 89'30'25" E (PLAT) (BASIS OF BEARING) STA.809+88.08 `N �s,�o TANGERINE ROAD ROk-3WK ' N e • 0 _ „ — I _ -- T J. _ – — x _\ 1 \- - -_---- - : --, ii. _ _ _ _N. --_--... , .1- -:-.__-__:: _ – – \ 1 \ _ „ – r ____ _ _ \ 1 \ - _ - _ - 1 ....._ ___ ...._ ...... - E \ \ I I \ _ — - - — — —_ _Trr I 1 _ — — -r- - - 1 \ — — ---\ 1 1 \ I I \ I I I • 1 \�►1� LIQ X11 \` \` � \ — � �� 1 I 1 LOT 13 � �� ` RU1V 1 I I • 111 LOT 12 / / /1 /�7%- ��,5J EASEMENT 2 LI_I 1 1 I /E—i47* if' .„„... Lksr.,1 1 1 1 ritj---... AN • I 1i % • N yA ‘ • \ EA P.O.B.IT 1 �) j 7 I I 1 , 01 i C , 1 EXHIBIT TO ACCOMPANY DESCRIPTION OF ' - PUBLIC WATER EASEMENT PER SHOPS C FIRE SERVICE MODIFICATION PLAN WITHIN 1"=60' ORO VALLEY MARKETPLACE The ,N SECTION 32, T. 11 S., R. 14 E., G.S.R.M., GrouWILE lir ORO VALLEY, PIMA COUNTY, ARIZONA WLB# project No. 1 85050VE01—1 003X 1/1 N:\185050\NEIGH4\0ro Valley Marketplace\EXHIBITS\Water Easements\Legal_Shops C.dwg Plotted: Jul. 08, 2009