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Home My WebLink AboutEasements - 10/26/2009, Utility Easement, Vestar OVM, LLC (Grantor), Oro Valley Marketplace Public Waterline Eas F. ANN RODR I GUE Z, RECORDER DOCKET: 13671 RECORDED BY: LLW PAGE: 763 oFPI DEPUTY RECORDER NO. OF PAGES: 6 1956 PE-2 17, ' ��% SEQUENCE: 20092060263 SOROV _o., y 10/26/2009 TOWN OF ORO VALLEY � ,1 EASMNT 14:21 11000 N LA CANADA `ib 014t' ORO VALLEY AZ 85737 gZ,C 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. 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 1 MINI other evidence of obligation, to the easements and rights described in this conveyance g within any subsequent conveyance of the burdened land or assignment of. easement 1 and or easement rights shall be sufficient to create and reserve such easements and til 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 !,,E5forth in their entirety in such documents. ' N:':!;?5050VF:UUI';TUC.WATER`•.Water Utility Easement Revised 032408.doe THIS EASEMENTranted this t Z. dayof Q , 20 Cay . g GRANTOR Vestar OVM, L.L.C., by Vestar Arizona XLI, L.L.C., it Managing Member By: Adade.C.r aul Rhodes Ti -: /14.6(."\�.�►,�" STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) This instrument was acknowledged before me this I 2q*ay of 0 , 20_0 f by T• Pct. ,( 04,16u Notary Public My Commission Expires: f7 , /i . DIANE ENGEBRETSON Notary Public-Arizona Maricopa County My Commission Expires -a;.•-- May 31,2011 .nay wa "'lir 1►� N it �l 11� 4 Mn+l Wn6p �t:'.l8SO50VE0Ul\TUC-WATER\Waiei utility Easement Revised 03240S.doc July 8, 2009 WLB No.185050-VE01-1003 W:\LEGALS\185050\Nh04\OVUWater-Shops A and B FS Mods.doc T .13 N:185050\NEIGH4\OroValley Marketplace\Exhibits\ Water Easements\Legal_Shops AandB.dwg roup Inc. LEGAL DESCRIPTION ORO VALLEY MARKETPLACE PUBLIC WATERLINE EASEMENT FOR SHOPS A AND SHOPS B FIRE SERVICE MODIFICATION PLANS That portion of land within Lots 11 and 12 of 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 Plats, Page 42, and lying within Sections 31 and 32,Township 11 South, Range 14 East, Gila and Salt Riper Meridian, Pima County, Arizona, described as follows: Easement 1 COMMENCING at the Northerly corner common to Lot 11 and Lot 12 of said plat; THENCE S 07°30'06" E (plat bearing), along lot line common to Lots 11 and 12 a distance of 7.89 feet to the centerline of a waterline easement defined by RUN B in said legal; THENCE S 79°03'41" E, along said centerline a distance of 53.83 feet; THENCE continue S 79°03'41" E, 53.83 feet to a point on the arc of a non-tangent curve concave to the South, a radial line through said point bears N 13°12'25" W; THENCE Easterly along the arc of said non-tangent curve to the right, having a radius of 4,126.34 feet, and a central angle of 00°23'40", for an arc length of 28.40 feet to a point on said curve; THENCE S 12°48'45" E, 7.50 feet to a point on the Southerly line of said RUN B, being to the POINT OF BEGINNING; THENCE N 76°59'25" E, along said line a distance of 15.00 feet; THENCE S 12°59'00" E, 20.08 feet; :H THENCE S 76°51'27" W, 49.50 feet; I. THENCE N 13°08'33"W, 12.51 feet; THENCE N 77°01'00" E, 34.53 ti feet; THENCE N 12°59'00"W, 7.77 feet to the POINT OF BEGINNING. Page 1 of 3 July 8, 2009 WLB No.185050-VE01-1003 Z W:\LEGALS\185050\Nh04\OVM\Water-Shops A and B FS Mods.doc N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_Shops AandB.dwg Inc. Easement 2: COMMENCING at the Northerly corner common to Lot 11 and Lot 12 of said plat; THENCE S 07°30'06" E(plat bearing), along lot line common to Lots 11 and 12 la distance of 45.75 feet to an angle point; THENCE S 20°25'22" W, along said line a distance of 150.90 feet to the centerline of waterline easement Run C; THENCE S 68°20'21" E, along said centerline a distance of 18.82 feet; THENCE S 80°23'46" E, along said centerline a distance of 17.49 feet; THENCE N 09°36'14" E, 7.50 feet to the POINT OF BEGINNING on the Northerly line of said easement; THENCE S 80°23'46" E, along said line a distance of 15.00 feet; THENCE N 09°36'14" E, 57.43 feet; THENCE N 80°23'46" W, 15.00 feet; THENCE S 09°36'14" W, 57.43 feet to the POINT OF BEGINNING. Easement 3: COMMENCING at the Northerly corner common to Lot 11 and Lot 12 of said plat; THENCE S 07°30'06" E(plat bearing), along lot line common to Lots 11 and 12 a distance of 7.89 feet to the centerline of a waterline easement defined by RUN B in said legal plans; THENCE N 79°03'41" W, along said centerline a distance of 176.69 feet; THENCE S 83°28'57" W, along said centerline a distance of 38.73 feet; 11+n��a wn, ! THENCE S 06°31'03" E, 10.00 feet to a point on the Southerly line of said easement, being the M!1� POINT OF BEGINNING; THENCE N 83°28'57" E, 7.50 feet; Page 2 of 3 1 • July 8, 2009 WLB No.185050-VE01-1003 W:\LEGALS\185050\Nh04\OVM\Water-Shops A and B FS Mods.doc T N:185050\NEIGH4\OroValley Marketplace\Exhibits\ roup Water Easements\Legal_Shops AandB.dwg Inc. THENCE N 06°31'03" W, 2.50 feet; THENCE N 83°28'57" E, 1.42 feet; THENCE S 06°31'03" E, 4.40 feet; THENCE S 31°50'09" W, 1.90 feet; THENCE S 39°27'09" W, 10.91 feet; THENCE S 65°52'38" W, 27.39 feet; THENCE S 16°55'44" W, 3.03 feet; THENCE N 79°03'42" W, 1.08 feet; THENCE N 10°56'18" E, 0.78 feet; THENCE N 79°03'42" W, 18.19 feet; THENCE N 10°56'18" E, 6.55 feet; THENCE N 45°42'53" E, 19.19 feet; THENCE N 83°28'57" E, 20.93 feet; THENCE S 06°31'03" E, 2.50 feet; THENCE N 83°28'57" E, 7.50 feet to the POINT OF BEGINNING. Prepared by: THE WLB GROUP, INC. t') ,-7e;z, � /007,,Pr Jack A. Buchanan 40 ti. .. 14-'3JAB: jw k21 24 f:1 �. CK A. BUCHANAN ` 1.5 , SAci4ri=ona�NE EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) Page 3 of 3 .�a' z P.O.B. bd EASEMENT 3 i_ _ - --- c P.O.B. EASEMENT 1 r.. 38�3 C ii"\ , le ___\ 1 U ---- --..... .. . --- .7-- --- --- — --- .& 7.89= — ,. -1–r " ie., ( c- — 48.'31" ` ,-2a iS 1 • / , , , \ \ \ r , \ \ \ • t. , -- ."' 1 1 \ LI i .,w } Inc,, p fi 8 / / / z / / / / / / / / / LOT 11 / I / LOT 12 / / / r• .„ / / / 1 1 I / / 11 •-/ / I I P.O.B. c I EASEMENT 2 / / L / / 1 -----� ,I____ _ (1j 1 — 1 I r - - = - - - _ - - - _ ---- ____ _ L,J 1 COM. 3 ;.:, 2 6 5 EXHIBIT TO ACCOMPANY DESCRIPTION OF .. PUBLIC WATER EASEMENT PER SHOPS A AND B FIRE SERVICE MODIFICATION PLAN WITHIN 1"=60' ORO VALLEY MARKETPLACE The i. SECTIONS 31, 32, T. 11 S., R. 14 E. G.S.R.M., WLB guy Group I ORO VALLEY, PIMA COUNTY, ARIZONA in.. 1 WLB# project No. 185050VE01-1003X 1/1 N:\185050\NEIGH4\0ro Valley Marketplace\EXHIBITS\Water Easements\Legal_Shops A and B.dwg Plotted: Jul. 08, 2009