HomeMy WebLinkAboutEasements - 6/29/2009, Utility Easement, Vestar OVM, LLC (Grantor), OV Marketplace Public Waterline Easement, Ph • ,� F. ANN RODRIGUEZ, RECORDER DOCKET: 13589
RECORDED BY: LLW PAGE:
4957
DEPUTY RECORDER 8,00V44 NO. OF PAGES: 20
• 1956 PE-2 1111C0 SEQUENCE: 20091240872
SOROV , *Z 06/29/2009
TOWN OF ORO VALLEY � o''° EASMNT 18:00
11000 N LA CANADA 4RIZUlAt''
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 15.50
UTILITY EASEMENT
•
Vestar CVM, L.L.C. , an Arizona limited liability company ("Grantor"), does hereby
grant to the Town of Oro Valley , ("Grantee"), aperp etual
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.
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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 mort a e or deed of trust or
other evidence of obligation, to the easements and rights described in this conveyance 1
within any subsequent conveyance of the burdened land or assignment of easement
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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
,
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as fully and completely as though such easements and rights were recited M fully and set �`
forth in their entirety in such documents. '7
C:\Documents and Settings\boberg\Local Settings\Temporary Internet Files\Content.Outlook\2JSYHVBO\Water Utility Easement Revised 032408.doc
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THIS EASEMENT granted this day of L-.► , 20 Cc( .
GRANTOR
VESTAR OVM L. C. , y ar :. izona XLI, L.L.C. , its Managing Member
By: ,
" 1 Rhodes
Title:
ager
STATE OF ARIZONA )
) SS
COUNTY OF PIMA )
This instrument was acknowledged before me this- da of t g y , 20 0r , by
1)t&I r I h
Notary Public
My Commission Expires: S .�j / I
DIANE ENGEBRETSON
Notary Public-Arizona
j` - Marlcopa County
Commission Expires
May 31,2011
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LEGAL DESCRIPTION
ORO VALLEY MARKETPLACE
PUBLIC WATERLINE EASEMENT FOR PHASE 2 WATER PLANS
Multiple strips of land within Lots 17, 18, 20 through 29, Common Areas A and B, and the Public
Floodplain/Park,of ORO VALLEY MARKETPLACE,LOTS 1 THRU 29,AND COMMONS AREAS A,
B, AND D, recorded in the office of the Pima County Recorder, in Book 62 of Maps and Plates,
Page 19, and lying within Sections 31 and 32, Township 11 South, Range 14 East, and Section 5,
Township 12 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 said plat of
Oro Valley Marketplace;
THENCE N 89°21'49" E,along the North line of said Section 5,a distance of 2171.51 feet to
a point herein referred to as Point"Y", said point being the POINT OF BEGINNING.
Run A-Y:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"Y";
THENCE N 09°59'52" E, 3.66 feet;
THENCE N 80°00'06"W, 42.22 feet;
THENCE N 09°59'52" E, 50.18 feet;
THENCE N 80°00'08"W, 87.95 feet to the POINT OF TERMINUS;
Run A:
3
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"Y";
THENCE S 09°59'54"W, 18.85 feet to a point herein referred to as Point "A-1";
THENCE continue S 09°59'54"W,47.24 feet to a point herein referred to as Point"A-2"; '
THENCE continue S 09°59'54"W, 92.16 feet to a point herein referred to as Point "A-3";
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THENCE continue S 09°59'54"W, 87.16 feet to a point herein referred to as Point"A-4";
THENCE continue S 09°59'54"W, 39.54 feet to a point herein referred to as Point"A-5";
THENCE continue S 09°59'54"W, 48.67 feet to a point herein referred to as Point"A-6";
THENCE continue S 09°59'54"W, 39.94 feet to a point herein referred to as Point"A-7";
THENCE continue S 09°59'54"W, 62.55 feet to a point herein referred to as Point"A-8";
THENCE continue S 09°59'54"W, 116.92 feet to a point herein referred to as Point"A-9";
THENCE continue S 09°59'54"W,36.03 feet to a point herein referred to as Point"A-10";
THENCE continue S 09°59'54"W,22.92 feet to a point herein referred to as Point"A-11"
THENCE continue S 09°59'54"W, 89.56 feet to a point herein referred to as Point"A-12";
THENCE continue S 09°59'54"W, 18.62 feet to a point herein referred to as Point"A-13";
THENCE continue S 09°59'54"W,65.61 feet to a point herein referred to as Point"A-14";
THENCE continue S 09°59'54"W, 25.71 feet;
THENCE S 20°28'40"W, 34.32 feet to a point herein referred to as Point "A-15";
THENCE continue S 20°28'40"W, 75.44 feet;
THENCE S 10°00'33"W,43.17 feet to a point herein referred to as Point"A-16";
THENCE continue S 10°00'33"W, 64.12 feet to a point herein referred to as Point"A-17";
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THENCE continue S 10°00'33"W,66.23 feet to a point herein referred to as Point"A-18"; ,
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THENCE continue S 10°00'33"W, 30.24 feet to a point herein referred to as Point"A-19vPP
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THENCE continue S 10°00'33"W, 51.88 feet to a point herein referred to as Point "B";
THENCE continue S 10°00'33"W,23.08 feet to a point herein referred to as Point"A-20";
THENCE continue S 10°00'33"W, 16.95 feet to a point herein referred to as Point"A-21";
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THENCE continue S 10°00'33"W,29.40 feet to a point herein referred to as Point"A-22";
THENCE continue S 10°00'33"W, 84.94 feet;
THENCE S 64°01'21" E, 31.44 feet;
THENCE S 10°00'33"W, 50.54 feet;
THENCE S 64°01'21" E, 34.26 feet to a point herein referred to as Point"A-23;
THENCE continue S 64°01'21" E, 76.60 feet;
THENCE S 06°32'00"W, 179.12 feet to a point herein referred to as Point"A-24";
THENCE continue S 06°32'00"W, 19.73 feet to a point herein referred to as Point"A-25";
THENCE continue S 06°32'00"W, 156.23 feet;
THENCE S 70°53'25"W, 48.84 feet;
THENCE N 83°27'55"W, 123.88 feet to a point herein referred to as Point"A-26"
THENCE continue N 83°27'55"W,59.31 feet to a point herein referred to as Point"A-27";
THENCE continue N 83°27'55"W,4.87 feet to a point herein referred to as Point"D";
THENCE continue N 83°27'55"W,27.57 feet to a point herein referred to as Point"E";
THENCE continue N 83°27'55"W, 157.38 feet;
THENCE S 86°41'54"W, 30.37 feet to the POINT OF TERMINUS on the existing waterline
easement recorded in Docket 12265, Page 6090;
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Run A-1:
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A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point"A-1";
THENCE S 80°15'46" E, 27.51 feet to the POINT OF TERMINUS.
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Run A-2:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "A-2";
THENCE N 80°00'06"W, 43.87 feet to the POINT OF TERMINUS.
Run A-3:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "A-3";
THENCE N 80°00'06"W, 40.21 feet to the POINT OF TERMINUS.
Run A-4:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "A-4";
THENCE N 80°00'06"W, 22.75 feet to the POINT OF TERMINUS.
Run A-5:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "A-5";
THENCE N 80°00'06" W, 21.97 feet to the POINT OF TERMINUS.
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Run A-6:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "A-6";
THENCE N 80°00'06" W, 54.32 feet to the POINT OF TERMINUS.
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Run A-7:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point"A-7";
THENCE N 80°00'06"W, 54.64 feet to the POINT OF TERMINUS.
Run A-B:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point"A-8";
THENCE N 80°00'06"W, 49.82 feet to the POINT OF TERMINUS.
Run A-9:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point"A-9";
THENCE S 80°15'46" E, 27.49 feet to the POINT OF TERMINUS.
Run A-10:
A strip of land 15.00 feet wide, the centerline described as follows: p�u
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COMMENCING at said Point"A-10";
THENCE N 80°00'06"W, 66.89 feet to the POINT OF TERMINUS.
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Run A-11:
A strip of land 15.00 feet wide, the centerline described as follows:
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COMMENCING at said Point "A-11";
THENCE N 80°00'06"W, 65.56 feet to the POINT OF TERMINUS.
Run A-12:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point"A-12";
THENCE S 80°00'06" E, 28.65 feet to the POINT OF TERMINUS.
Run A-13:
A strip of land 17.50 feet wide, the centerline described as follows:
COMMENCING at said Point"A-13";
THENCE N 80°39'45"W, 136.87 feet to the POINT OF TERMINUS.
Run A-14:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point"A-14";
THENCE N 80°00'06"W, 88.06 feet to the POINT OF TERMINUS.
Run A-15:
A strip of land 15.00 feet wide, the centerline described as follows: '143
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1":31
COMMENCING at said Point "A-15";
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THENCE N 69°31'20"W, 16.89 feet to the POINT OF TERMINUS.
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Run A-16:
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A strip of land 15.00 feet wide,the centerline described as follows:
COMMENCING at said Point "A-16";
THENCE S 79°59'27" E, 31.11 feet to the POINT OF TERMINUS.
Run A-17:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point"A-17";
THENCE N 79°59'27"W, 131.35 feet to the POINT OF TERMINUS.
Run A-18:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "A-18";
THENCE N 80°41'41"W, 42.71 feet to the POINT OF TERMINUS.
Run A-19:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "A-19";
THENCE S 79°59'27" E, 21.47 feet;
THENCE S 10°00'33" W, 28.80 feet to the POINT OF TERMINUS. 73
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Run A-20:
A strip of land 15.00 feet wide, the centerline described as follows: '
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BEGINNING at said Point "A-20";
THENCE N 80°15'46" W, 19.40 feet to the POINT OF TERMINUS.
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Run A-21:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"A-21";
THENCE N 80°15'46"W, 22.67 feet to the POINT OF TERMINUS.
Run A-22:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"A-22";
THENCE N 79°59'27"W, 13.00 feet to the POINT OF TERMINUS.
Run A-23:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"A-23";
THENCE S 25°58'39"W,47.32 feet to the POINT OF TERMINUS.
Run A-24:
A strip of land 15.00 feet wide, the centerline described as follows:
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BEGINNING at said Point"A-24";
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THENCE S 83°28'00" E, 21.03 feet to the POINT OF TERMINUS.
Run A-25:
A strip of land 22.00 feet wide, the centerline described as follows: 'q+
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BEGINNING at said Point"A-25";
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THENCE N 83°28'00"W, 38.00 feet to the POINT OF TERMINUS.
Run A-26:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point "A-26";
THENCE N 06°32'05" E, 54.00 feet to the POINT OF TERMINUS.
Run A-27:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point "A-27";
THENCE N 06°32'05" E, 31.92 feet to the POINT OF TERMINUS.
Run B:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point "B";
THENCE N 80°00'06" W, 138.26 feet to a point herein referred to as Point"C";
THENCE continue N 80°00'06"W, 11.82 feet to a point herein referred to as Point "B-1";
THENCE continue N 80°00'06"W, 159.35 feet to a point herein referred to as Point"B-2";
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THENCE continue N 80°00'06"W, 40.86 feet;
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THENCE S 79°04'40"W, 7.65 feet to a point herein referred to as Point"B-3"; '�I
THENCE continue S 79°04'40"W, 95.98 feet to the POINT OF TERMINUS on the existing
waterline easement recorded in Docket 12265, Page 6090, said point herein referred to as ` !
Point"F
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Run B-1:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "B-1";
THENCE N 09°59'54" E, 20.71 feet to the POINT OF TERMINUS.
Run B-2:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point"B-2";
THENCE N 09°59'54" E, 129.14 feet to the POINT OF TERMINUS.
Run B-3:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "B-3";
THENCE S 10°55'20" E, 42.97 feet to the POINT OF TERMINUS.
Run C:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point "C";
THENCE S 06°31'22"W, 33.89 feet to a point herein referred to as Point"C-1"; te4Y
THENCE continue S 06°31'22"W, 394.57 feet to a point herein referred to as Point"C-2"; 11
THENCE continue S 06°31'22"W, 208.00 feet to the POINT OF TERMINUS, said point
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herein referred to as Point "E". ,
Run C-1:
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A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "C-1";
THENCE S 83°28'38" E, 28.54 feet to the POINT OF TERMINUS.
Run C-2:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "C-2";
THENCE N 83°28'38"W, 25.00 feet to the POINT OF TERMINUS.
Run D:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "F", said point being on a curve on the arc of a non-tangent curve
concave to the Southwest, a radial line through said point bears N 79°15'01" E;
THENCE Southeasterly along the arc of said curve to the right having a radius of 1780.00
feet, and a central angle of 06°26'21", for an arc length of 200.04 feet to a point herein
referred to as Point "G", said point being the POINT OF BEGINNING;
THENCE N 85°32'56" E, 75.00 feet to the POINT OF TERMINUS.
Run E:
A strip of land 15.00 feet wide, the centerline described as follows:
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COMMENCING at said Point "D"; "r
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THENCE S 03°34'44"W, 18.59 feet; �rrl
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THENCE S 12°18'10" E, 94.81 feet to a point herein referred to as Point"E-1";
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THENCE continue S 12°18'10" E, 80.00 feet to a point herein referred to as Point"E-2";
THENCE continue S 12°18'10" E, 18.54 feet;
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THENCE S 06°32'07"W, 75.36 feet to a point herein referred to as Point "E-3";
THENCE continue S 06°32'07"W, 282.68 feet;
THENCE S 49°14'00"W, 24.84 feet to a point herein referred to as Point "E-4";
THENCE continue S 49°14'00"W, 13.99 feet to a point herein referred to as Point"E-5";
THENCE continue S 49°14'00"W, 36.29 feet to a point herein referred to as Point"E-6";
THENCE continue S 49°14'00"W, 15.00 feet to a point herein referred to as Point"E-7";
THENCE continue S 49°14'00"W, 34.76 feet to the POINT OF TERMINUS on the existing
waterline easement recorded in Docket 12265, Page 6090,said point herein referred to as
Point"H".
Run E-1:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"E-1";
THENCE N 74°48'31" E, 32.04 feet to the POINT OF TERMINUS.
Run E-2:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"E-2";
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THENCE N 77°41'50" E, 24.86 feet;
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THENCE S 84°46'45" E, 38.64 feet to the POINT OF TERMINUS.
Run E-3:
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A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"E-3";
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THENCE S 84°46'45" E, 56.01 feet to the POINT OF TERMINUS.
Run E-4:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point "E-4";
THENCE S 41°25'13" E, 56.09 feet to the POINT OF TERMINUS.
Run E-5:
A strip of land 15.00 feet-wide, the centerline described as follows:
BEGINNING at said Point "E-5";
THENCE S 40°46'00" E, 40.47 feet to the POINT OF TERMINUS.
Run E-6:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"E-6";
THENCE N 40°46'00"W, 74.00 feet to the POINT OF TERMINUS.
Run E-7:
A strip of land 15.00 feet wide, the centerline described as follows:
BEGINNING at said Point"E-7"; ' I
THENCE N 41°17'05"W, 30.87 feet to the POINT OF TERMINUS. fel
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Run F:
A strip of land 15.00 feet wide, the centerline described as follows:
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COMMENCING at said Point"H",said point being on the arc of a non-tangent curve concave to the
Northeast, a radial line through said point bears S 48°13'32"W;
THENCE Southeasterly along the arc of said curve to the left, having a radius 370.00 feet,
and a central angle of 04°48'37", for an arc length of 31.06 feet to a point on said curve
herein referred to as Point "I", said point being the POINT OF BEGINNING;
THENCE S 49°14'00"W, 189.14 feet;
THENCE S 40°36'56" E, 105.47 feet to a point herein referred to as Point"F-1";
THENCE continue S 40°36'56" E, 79.68 feet to a point herein referred to as Point"F-2";
THENCE continue S 40°36'56" E, 57.40 feet to a point herein referred to as Point "F-3";
THENCE continue S 40°36'56" E, 56.25 feet;
THENCE S 10°51'28" E, 5.54 feet to a point herein referred to as Point "F-4";
THENCE continue S 10°51'28" E, 209.64 feet;
THENCE S 13°37'37"W, 69.17 feet to a point herein referred to as Point "F-5";
THENCE continue S 13°37'37"W, 30.63 feet to a point herein referred to as Point "F-6";
THENCE continue S 13°37'37"W, 221.75 feet;
THENCE S 76°22'23" E, 12.36 feet to a point herein referred to as Point"F-7";
THENCE continue S 76°22'23" E, 87.97 feet to a point on the Westerly right-of-way line of
Oracle Road, State Route 77, said point being the POINT OF TERMINUS.
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Run F-1: ��nnu�
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A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "F-1";
THENCE S 49°23'04"W, 48.09 feet to the POINT OF TERMINUS.
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December 3, 2008
WLB No.185050-VE01-1003
za W:\LEGALS\185050\NH04\OVM\WATER-PHASE2_JIM.DOC
N:185050VE001\EXH IBIT\Water Esmt-Legal.dwg
roup
Inc.
Run F-2:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "F-2";
THENCE S 49°23'04"W, 37.00 feet to the POINT OF TERMINUS.
Run F-3:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "F-3";
THENCE N 49°53'45" E, 115.00 feet to the POINT OF TERMINUS.
Run F-4:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "F-4";
THENCE N 79°08'32" E, 15.00 feet to the POINT OF TERMINUS.
Run F-5:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point"F-5";
THENCE S 76°22'23" E, 13.76 feet to the POINT OF TERMINUS.
Run F-6:
A strip of land 15.00 feet wide, the centerline described as follows: 9
COMMENCING at said Point "F-6";
Page 15 of 16
December 3, 2008
WLB No.185050-VE01-1003
Tq W:\LEGALS\1 -
850501NH0410VM\WATER PHASE2 JIM.DOC
N:185050VE001\EXHIBIT\Water Esmt-Legal.dwg
roup
Inc.
THENCE N 76°22'23"W, 35.00 feet to the POINT OF TERMINUS.
Run F-7:
A strip of land 15.00 feet wide, the centerline described as follows:
COMMENCING at said Point "F-7";
THENCE S 13°37'37"W, 19.60 feet;
THENCE S 11°54'48" E, 22.12 feet to the POINT OF TERMINUS.
The sidelines of said strips to be lengthened or shortened to intersect at all angle points and at the
Westerly right-of-way line of Oracle Road.
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Prepared by: Ai' 12214 1 "`
THE WLB GROUP, INC.
JACK A. �°
BUCHANAN :,
A'a�ot
Jack A. Buchanan lzfs°"° `''s.~
JAB: rrn EXPIRES 3/31/2011
CINDICATES RENEWAL DATE)
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Page 16 of 16
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ORO VALLEY MARKETPLACE D ,,,_,,,,,p1 RUN E
SECTIONS 31, 32, T. 11 S., R. 14 E. G.S.R. .,
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ORO VALLEY, PIMA COUNTY, WL B
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WLB# project No. 185050VE01-1003X
N:\185050\NEIGH4\Oro Valley Marketplace\EXHIBITS\Water Easements\Legal_Phase 2.dwg Plotted: Nov. 20, 2008 1/2
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PUBLIC WATER EASEMENT PER PHASE 2 WATER PLANS
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ORO VALLEY MARKETPLACE 1��-300
SECTIONS 31, 32, T. 11 S., R. 14 E., G.S.R.M., 1 N
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SECTION 5, T. 12 S., R. 14 E., G.S.R.M., WLB
ORO VALLEY, PIMA COUNTY, ARIZONA GrouRVIEU3 Iv
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WLB# project No. 185050VE01-1003X
N:\185050\NEIGH4\Oro Valley Marketplace\EXHIBITS\Water Easements\Legal_Phase 2.dwg Plotted: Nov. 20, 2008 2/2