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HomeMy WebLinkAboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC (Grantor), Oro Valley Marketplace Public Waterline Eas (3) 1- F. ANN RODRIGUEZ, RECORDER DOCKET: 13671 RECORDED 8Y: LLW PAGE: 677 DEPT DEPUTY RECORDER ti NO. OF PAGES: 5 PE-2 � - �� �O SEQUENCE: 20092060254 1956w F,',� , I � 10/26/2009 SOROV �-a,u RST r y � '`� EASMNT 14:21 TOWN OF ORO VALLEY . 11000 N LA CANADA 11I104t ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 8.00 UTILITY EASEMENT NOU 5'89PN 2:53 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 g � g Y within any subsequent conveyance of the burdened land or assignment of easement ito 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. d{! NM1�! N'I S SOSr)V LOOM l 1C'-W A"I ER\W atcr l Jtility f asrrncnt Revised 032408.doc 5 4 i 7 THIS EASEMENT granted this day of , 20 . GRANTOR LL.C., Vestar OVM, .L.L ' , by Ves Arizo a XLI, it Managing Member By: IP' 6 I .. . / / J. 5.u1 Rhodes Title- Senior Vice President STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) This instrument was acknowledged before me this/6 day of ;12 ,4-- , 20 Of, by T1iitt._0dy . Notary Public My Commission Expires: Lr 7, // y DIANE ENGEBRETSON j Notary Public-Arizona Maricopa County 4 My Commission Expires May 31,2011 t/ ,1 Iii 0 t, 0 ,„iii N:i185050VE001\'tU('-WATER\Water Utility Easement Revised 032408.dnc I , September 9, 2009 WLB No.185050-VE01-1003 W:\LEGALS\185050\Nh04\OVM\Water-16 inch E Zone.doc T e N:\185050\NEIGH4\Oro Valley Marketplace\EXHIBITS\ ivLB Water Easements\Legal_16 inch E Zone.dwg Group Inc. LEGAL DESCRIPTION ORO VALLEY MARKETPLACE PUBLIC WATERLINE EASEMENT FOR 16" E ZONE WATER PLANS A strip of land 20 feet wide within Lots 9, 10, 11, and 12, and Common Areas "A" and "B", of The Amended Final Plat of Oro Valley Marketplace, Lots 1 thru 31, and Common Areas A, B, and D, recorded in the office of the Pima County Recorder, in Book 64 of Maps and Plates, Page 42, and lying within Sections 31 and 32, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, the centerline 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 00°00'39" W plat bearing, along the West line of said Section 32, a distance of 1017.78 feet to a point on the South right-of-way line of Tangerine Road; THENCE S 82°29'56" W, along said right-of-way line a distance of 299.99 feet to the POINT OF BEGINNING; THENCE S 07°30'57" W, 42.60 feet; THENCE S 52°2422" W, 9.79 feet; THENCE S 07°24'22" W, 295.54 feet; THENCE S 79°42'01" E, 127.26 feet to a point on an arc of a tangent curve concave to the Southwest; THENCE Southeasterly along the arc of said tangent curve to the right, having a radius of 917.96 feet, and a central angle of 05°55'00", for an arc length of 94.79 feet to a point of a non-tangent line; NMN}I THENCE S 26°48'42" E, 43.78 feet to a point on an arc of a non-tangent curve concave to t'f the Southwest, a radial line , through saidpoint bears N18°08'51" E; " 163 THENCE Southeasterly alongthe arc of said tangent curve to the right, havinga radius of PN g g 886.46 feet, and a central angle of 16°08'22", for an arc len length of 249.71 feet gg to a point of a 9 tangent line; THENCE S 55°42'45" E, 450.05 feet; THENCE N 79°17'15" E, 46.72 feet; Page 1 of 2 7 September 9, 2009 WLB No.185050-VE01-1003 W:\LEGALS\185050\Nh04\OVM\Water-16 inch E Zone.doc The N:\185050\NEIGH4\Oro Valley P Market lace\EXHIBITS\ B Water Easements\Legal_16 inch E Zone.dwg Group Inc. THENCE N 34°17'15" E,44.78 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 sidelines of said strip to be lengthened or shortened to intersect at angle points, at the South right-of-way line of Tangerine Road and at the Southw- ' e of said parcel. 01 r� Prepared by: x!'"4470. . THE WLB GROUP INC. ffi.Zi-; AAV: 1 221 4 93 JACK A. ,UCHANAN. jack A. Buchanan .. -0 s AB: jaw $dnana=�Eo`'S' EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) 1,1!#, i 11 sl! �tF w am ail Page 2 of 2 TANGERINE ROAD • P.0.13. a 299.99, S 82,29 56 W I COMMON AREA "A" 1 1 ► 1 1 I • 0. 1 i 01 • I ► • E II o• 1' j I 1 . � ► I 0 1 1 1 1 1 1 6 ► 0 i ; LOT 11 641 1 1 1 1 1 1 1 ' ' LOT 12 1 1 1 ' 1 1 1 1 1 1 1 . 1 1 Cp -" . .�Ll�y1pN _•-, � I : --------.;—ko4 7r, % A,Frieipz, . . -4.7,47, . -. -...._ .. . , .. 4. ,....., . . . „. ♦♦ ♦♦ . .,4N= I %. • 402., g,CCI5 I '4-,% kir ,,(0 4r .(53 -ew.47.ir 00 ` ♦` � •77 ' ,o • • ``♦``� '°0 X07 •I `%,. . P.O.T. ♦ , , %.,.. ..< COM. 1-11 —S 31 32 A T-12—S 6 5 N INN EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC WATER EASEMENT PER 16" E ZONE WATER PLANS WITHIN ' ORO VALLEY MARKETPLACE i SECTIONS 31, 32, T. 11 S., R. 14 E., G.S.R.M., 1"_ , NTY, ARIZONA ORO VALLEY0 PIMA COU - 2 LWL1B WLB# project No. 185050VE01-1003X 1/1 N:\185050\NEIGH4\0ro Valley Marketplace\EXHIBITS\Water Easements\Legal_16 inch E Zone.dwg Plotted: Sep. 11, 2009