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Home My WebLink AboutEasements - 4/4/2008, Utility Easement, CHH Tucson Partnership L.P. (Grantor), Oracle Rd. & El Conquistador Way, 1- F. ANN RODRIGUEZ, RECORDER DOCKET: 13278 RECORDED BY: C V PAGE: 2851 DEPUTY RECORDER VNO. OF PAGES: 5 1016 PE3 w r• 6d SEQUENCE: 20080660781 SOROV w 1 *x 04/04/2008 TOWN OF ORO VALLEY "40001 EASMNT 16:30 11000 N LA CANADA `krfolo ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 8.00 UTILITY EASEMENT _ r "Y CHH Tucson Partnership L.P., ("Grantor"), does hereby grant to 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 shown on 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 over, under, and through the burdened land as legally described 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 condition consistent with the improvements on the property. The utility facilities are limited to underground water lines only. 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. The Grantee shall be responsible for any damage, claims or loss occurring on the property during the term of this easement caused by Grantee's negligent use of the property or by negligent acts or conduct of its employees, agents, contractors or assigns. 3. Grantor warrants that he/she holds good title to the burdened land, and thereby has the authority and right to enter into this agreement. 4. All easements and rights described herein are easements and rights running with the 11„ land, perpetually in force and effect, and at all times shall inure to the benefit of, and P; are binding on, Grantee and Grantor, their successors and assigns, respectively. 5. Any and all easements and rights granted herein shall be freely assignable by Grantee. ,rl! 6. The grant and reservation of easement contained in this Utility Easement is subject to ! ; assessments, reservations, easements, rights-of-way, encumbrances, covenants, conditions, restrictions, obligations and liabilities applicable to the Easement and appearing of record. C:\Documents and Settings\VNandipati\Local Settings\Temporary Internet Files\OLKA6\Water Utility Easement Hilton El Conquistador final 032408(3)(3).doc 7. Grantee shall not at any time in connection with the installation, maintenance, repair, removal or replacement of such underground water lines, systems or related installations unreasonably interfere with or obstruct the use by Grantor of the burdened land. 8. To the extent permitted by Arizona law, the Grantor and Grantee do hereby covenant and agree to indemnify and hold harmless the other party, its appointed boards and commissions, officials, officers, employees, agents and subagents, individually and collectively, from all fines, claims, demands, suits or actions of any kind and nature by reasons of the indemnifying party's acts or omissions occurring in performance of this agreement. Nothing in this agreement or in its performance shall be construed in any manner to result in any person being the officer, agent, employee or servant of the other party. 9. 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 as fully and completely as though such easements and rights were recited fully and set forth in their entirety in such documents. 10. The Town shall abandon the existing water easement and shall record this Utility Easement with the Recorders Office of Pima County, Arizona. THIS EASEMENT granted this tnetday of at 20 0$ . GRANTOR: GRANTEE: CHH Tucson Partnership L.P., Town of Oro Valley a Delaware limited partnership By: By: CHH Tucson Parent LLC, Name: hilip C. Saletta, P.E., a Delaware limited liability company Title: Water Utility Director its general partner APPROVED AS TO FORM: i111 PuN bll _..��►i —� - B �� L�� / obin Rosen, Town Attorney �''°'� •avid A. Brooks, Vice President �r"1 I IIN IhttNijLy. p�il• �pnnl 4+11 huNlpp+ SIN' Aim C:\Documents and Settings\VNandipati\Local Settings\Temporary Internet Files\OLKA6\Water Utility Easement Hilton El Conquistador final 032408(3)(3).doc f I STATE OF TEXAS ) ) SS COUNTY OF DALLAS ) This instrument was acknowledged before me this / ay of42001 ,g , by ZWID A. erpoesI ►9 tary Public / MyCommission Expires: • p `f �d . •��' #1�lT!�1.slIY Nagy Milk MO IMMO I Cologelles 10111 04141 3 2 il"" 7 ,lwmi IC'H,11 ,!Hoer ilw:a 4u� 4". C:\Documents and Settings\VNandipati\Local Settings\Temporary Internet Files\OLKA6\Water Utility Easement Hilton El Conquistador final 032408(3)(3).doc EASEMENT NOTES 4)- - N EASEMENT"A"-PROPOSED WATER 111111 111111 I I UTILITY EASEMENT FOR FUTURE THIS VEHICLE ACCESS. PROJECT EASEMENT"B"•PROPOSED WATER UTILITY EASEMENT FOR ACCESS TO I I ENTRY GATE AND WATER VALVES. I LOCATION MOP EXISTING BOOSTER I I EASEMENT"C"-PROPOSED PUMP STATION EXISTING WATERLINE (TO REMAIN) ELECTRICAL UTILITY EASEMENT FOR (TO BE ABANDONED) ELECTRICAL SERVICE LINE AND NEW - - - - - - �____ - - �, - - TRANSFORMER. NO SCALE j r D r r . . . . . % % EASEMENT"D"-PROPOSED WATER '• -"- - .•.• -.t. .•.•.•.•.•.•.•.•.•.•.•.•_•.•-'-'- -'•'-' / UTILITY EASEMENT FOR l CONNECTION TO NEW WATERLINE •� NORTH OF PROPERTY. \ R UTILITY EASEMENT EXISTING 15-FT WATE 1 OBE ABANDONED) •• B. EASEMENT A COMPLETION OF WATER SYSTEMYSM rte , (T B % MENT-UPON k 1APPROXIMATE LOCATION OF ABANDONMENT IMPROVEMENTS(TO INCLUDE I / BOOSTER PUMP STATION AND o I •C• I NSTALRLATIONEXIS SNG ON AND IWATERLINE LOCATED ADJACENT TO 0 ' EXISTING WATERLINE I NORTH PROPERTY LINE WILL BE � . (TO REMAIN) / TAKEN OUT OF SERVICE. !ii ' / C.); PARCEL 224-31-OO1C rt GENERAL NOTES 0 / / ›. 7. 78 A C. +/- ' I 1.THIS FIGURE IS NOT INTENDED FOR td / CONSTRUCTION ANDIOR DESIGN H / USE. ALL LAYOUTS AND H i / DESCRIPTIONS ARE PROVIDED FOR o EXISTING 15-FT WATER GENERAL INFORMATION AND > UTILITY EASEMENT (TO REMAIN) / I I / I 2.REFER TO SEALED LEGAL DESCRIPTIONS AND RECORD OF SURVEY COMPLETED BY CONQ STATEWISDTAD LAND SURVEYING(EL R BOOS R PUMP + STATION,TOV PROJECT NUMBER I �OVDESCRIPTIONS AND APPLICABLE • 05),FOR COMPLETE I BOUNDARY INFORMATION. EL CONQUISTADOR WAY Ke Its Consultants REFERENCES L--------" Oro Volley Woter Utility MAPS OND PLATS 300K 55,PAGE 67 EL CONQUISTADOR BOOSTER STATION DESIGN DOCKET 11424,PAGE 220 DOCKET 11757,PAGE 4923 8ITE LAYOUT Went 7641,PAGE 91 EASEMENT LOCATION 11957,PAGE 2371 FEBRUARY 2008 FIGURE 1 u_Ir_ter =r --J_0(4. EXHIBIT "B" • , LEGAL DESCRIPTION A public utility easement,more particularly described asfollows: COMNIENCING at the Southwest corner of Lot 4,.$an..14se Plaza,rObqr.dedin the office of the County Recorder of PitaA.Coutity,;.Arizona,in Maps and Plats'Book-55, paEo.67; 11-71pNCE.N44-th 19 degreos 57 minutes 10 seconds East,along the South line of said Lot 4, a.distance of 15697 feet,to The POINT or:BBC/I:V.014Q THENCE:South 00..d74-4$64 05 minutes 25 seconds East,a clfsiiiiicCe;djI.S6friii; THENCE'Soil*45. degrees 05 minutes 25 seconds East, a distance of4.04 feet; THENCE North 89 degrees 54:gamuts 35 seconds.East, a diOtance.of 942 feet; THENCE North 00.degrees 06 minutes 03 seconds East, a dWanoe.of 2003 lett; 11Mq.CE South.89 degrees 53 minutes 57 seconds East;, a distance of 7,65 feet; PIENQE. North pp degrees 05 minutes 25 seconds'West, a distance of 15.90 feet,. THENCE:South 89 degrees 57 minutes IQ seconds West,a distance of 2000 feet,to POINT OFBEGIMUNG. Containing 56 of 0.013 acres,more or less_ Page I of : . l . . .4•01;47:6, • ..61 352$• • 8 11N- • • . STAAR 4.G, - F :111 . • *. , • 4, (a. :;1011. fir ti;11 2 1:73 5