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HomeMy WebLinkAboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC (Grantor), Oro Valley Marketplace Public Waterline Eas (5) F. ANN RODRIGUEZ, RECORDER DOCKET: 13671 RE CORDED BY: LLW PAGE: 769 oF DEPUTY RECORDER ti tilki NO. OF PAGES: 5 1956 PE-2 47r ��J SEQUENCE: 20092060264 f SOROVo-,14 t., !*z 10/26/2009 TOWN OF ORO VALLEY ' EASMNT 14:21 11000 N LA CANADA 44I1014t* ORO VALLEY AZ 85737 Ma AMOUNT PAID $ 7.00 UTILITY EASEMENT HOU 5'89p 2:53 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. ry ;01 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 hts described in this conveyance fir, g � g 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 �t rights to the respective grantees, mortgagees, and trustees of such unit of ownership �l as fully and completely as though such easements and rights were recited fully and set forth in their entirety in such documents. N:.l S5050VE00I11:.WATER'Water utility Easement Revised 032408.doc � 6 THIS EASEMENTg ranted this I Z, day of c-0)&--- , 20 0 i . GRANTOR Vestar OVM, L.L.C., Vestar Arizona XLI, I .L.C., it Managing Member By: J/ aul Rhodes Title. //A_ovi STATE OF ARIZONA ) ) SS COUNTY OF PIMA. ) This ins ument was acknowledged before me this( 2- day of Q G �r-- , 20 p f , by Notary Pt lic My Commission Expires: r // DIANE ENGEBRETSON ,-**-411"`'",„ Notary Public-Arizona Maricopa County My Commission Expires May 31,2011 NK 1' Ip 1 tl�yl N:,185()5OVEOOi C-WATERAWtier Utility flan nett[tevtsed 032408.doc 4 July 8, 2009 WLB No.185050-VE01-1003 "Tu.v11% W:\LEGALS\185050\Nh04\OVM\Water-Chase Bank.doc N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_Chase Bank.dwg Inc. LEGAL DESCRIPTION ORO VALLEY MARKETPLACE PUBLIC WATERLINE EASEMENT FOR CHASE BANK FIRE SERVICE MODIFICATION PLANS That portion of land within Lot 25 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 angle point of the Southwest corner of Lot 25 shown on Sheet 11 of said plat; THENCE N 49°33'00" E, along the West line of said Lot 25 a distance of 91.03 feet; THENCE N 48°43'57" E, along the West line of said Lot 25 a distance of 11.08 feet to a point on the centerline defined by RUN E in said legal; THENCE S 41025'13" E, 38.82 feet along said centerline defined by RUN E-4 in said legal plans to a point on an easement line defined by said RUN E-4 being the POINT OF BEGINNING; THENCE S 49°14'00"W, 7.50 feet along said RUN E-4 easement line; THENCE S 41°25'13" E, 7.05 feet; THENCE S 15°57'18" E, 49.41 feet; THENCE S 38°27'18" E, 22.60 feet; THENCE S 83°27'18" E, 63.92 feet; THENCE N 6°32'42" E, 23.01 feet; THENCE N 83°27'18"W, 15.00 feet; THENCE S 6°32'42" W, 8.01 feet; THENCE N 83°27'18" W, 42.70 feet; Page 1 of 2 July 8, 2009 WLB No.185050-VE01-1003 W:\LEGALS\185050\Nh04\OVMMWater-Chase Bank.doc T N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_Chase Bank.dwg Inc. THENCE N 38°27'18" W, 10.40 feet; THENCE N 15°57'18" W, 49.81 feet; THENCE N 41°25'13" W, 10.27 feet to a point on said RUN E4 easement line; THENCE S 49°14'00" W, 7.50 feet along said RUN E-4 easement line to the POINT OF BEGINNING; Prepared by: THE WLB GROUP, INC. 0OE":s.b 107qt� 'fibJack A. Buchanan �j �, 22 4 A 0 JAB: jw W JACK . BUCHANAN SICNE D 4iZona 0.0". EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) J� quNlSyi 1.NN Page 2 of 2 i I i ' I � LOT 24 I i 1 <\\\ ) ) 1 I \ / 2 • ` \ // A • LOT 25 I < • \ / / ���5\ P.O.B. \ \ y / (5) \i'Lli ) )° / 3'6 d) , <c,\/ \ Nc;43 6 1'D \\"'?Db \ ‘ • 1 H / // � �1 1„R; b` % % I \ ./ % I 0 I \ 0 i i % t \ 0/z/ % \ / I / IL %in es r as it• W / / />4tb • LOT 26 � EXHIBIT TD ACCOMPANY DESCRIPTION OF 1 1 ' - PUBLIC WATER EASEMENT PER • CHASE BANK FIRE SERVICE MODIFICATION PLAN WITHIN 1"=40' ORD VALLEY MARKETPLACE The ,' SECTION 5, T. 12 S., R. 14 E., G.S.R.M., Group'°` 41111 ORO VALLEY, PIMA COUNTY, ARIZONA WLB# project No. 185050VE01-1003X 1/1 N:\185050\NEIGH4\0ro Valley Marketplace\EXHIBITS\Water Easements\Legal_Chase Bank.dwg Plotted: Jul. 08, 2009