HomeMy WebLinkAboutEasements - 4/1/2009, Resolution 09-18, Temporary Construction Easement and Permanent Slope Easement with Evergr RESOLUTION NO. (R) 09- 18
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING
AN AGREEMENT FOR A TEMPORARY CONSTRUCTION
EASEMENT AND PERMANENT SLOPE EASEMENT WITH
EVERGREEN-STEAM PUMP, LLC, IN CONNECTION WITH
THE CONSTRUCTION OF THE PEDESTRIAN BRIDGE ACROSS
THE CANADA DEL ORO WASH ON ORACLE ROAD
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States; and
WHEREAS, pursuant to A.R.S. § 9-276, the Town of Oro Valley (Town) is authorized
to construct and maintain bridges within the boundaries of the Town; and
WHEREAS, on May 21, 2008, the Mayor and Council approved Resolution No. (R) 08-
37, authorizing and approving an Intergovernmental Agreement between the Town and
the Arizona Department of Transportation for the construction of a pedestrian bridge
across the Canada Del Oro (CDO) Wash; and
WHEREAS, Evergreen-Steam Pump, LLC, owns Parcel No. 220-08-4620, which lies
within the Steam Pump Village Development, adjacent to the CDO Pedestrian Bridge,
which is being constructed as part of the Arizona Department of Transportation's State
Route 77 improvements; and
WHEREAS, Evergreen-Steam Pump, LLC, and the Town desire to execute an
agreement for a temporary construction easement and a permanent slope easement in
conjunction with construction and maintenance of the CDO Pedestrian Bridge; and
WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the
agreement for a temporary construction easement and permanent slope easement with
Evergreen-Steam Pump, LLC, attached hereto as Attachment"1", in conjunction with the
construction of the CDO Pedestrian Bridge.
\\Legal\sharefites\Pubtic Works\Acquisitions\CDO Pedestrian Bridge\Resolution re Temp Const and Perm Slope Easements.doc TOV Atty's Office/sb/031109
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the
Town of Oro Valley, Arizona, that:
SECTION 1. The agreement for a temporary construction easement and permanent
slope easement between the Town of Oro Valley and Evergreen-Steam Pump, LLC,
attached hereto as Attachment"1", is hereby approved.
SECTION 2. The Town Engineer and other Town administrative officials are hereby
authorized to take such steps necessary to execute and implement the terms of the
Agreement.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 1s gay of April , 2009.
TOWN OF ORO VALLEY
ime‘',11 4:Be e 7
Paul H. Loomis, Mayor
ATTEST: APPROVED AS TO FORM:
44
Katyn E. Cuvelier, Town Clerk robinAosen, Town Attorne~�y ��� �-
y ,\
1-f (
Date Date
F. ANN RODRIGUE" 'ECORDER DOCKET:
;E:
13533
RECORDED BY: MR:
1
DEPUTY RECORDER 1.8,611;014.1 a,N.,• OF PAGES: 11
20090680001
1562 PE-1 k/T; ;))ra SEQUENCE:
cT1 � 04/09/2009
SOROV "
TOWN OF ORO VALLEY- TOWN CLERK � .b EASMNT
11000 N LA CANADA DR
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 11.00
TEMPORARY CONSTRUCTION EASEMENT
PR 28'89P12_41 TOS
AND PERMANENT SLOPE EASEMENT
Evergreen-Steam Pump, L.L.C., an Arizona limited liability company (the "Grantor"),
does hereby grant to the Town of Oro Valley, a municipal corporation of the State of
Arizona (the "Grantee"), a Temporary Construction Easement and Permanent Slope
Easement in connection with the construction of the CDO Pedestrian Bridge (the
"Project"). The purpose of the Temporary Construction Easement and Permanent Slope
Easement is to allow Grantee, its agents, contractors and assigns, to use the property, as
described herein, for construction of the Project and appurtenances. The Temporary
Construction Easement and Permanent Slope Easement shall be on, over and across a
portion of the real property legally situated in the Town of Oro Valley, Arizona, more
particularly described in Exhibit "A", attached hereto and incorporated herein by
reference (the "Property").
1. Property. The Grantor is the owner of the Property described in Exhibit "A"
and depicted on Exhibit "B" attached hereto. The Grantee has determined that it
has a need to acquire a Temporary Construction Easement and Permanent Slope
Easement on the Property for the purpose of construction activities in connection
with the Grantee's CDO Pedestrian Bridge (the "Project"). For the purposes
associated therewith, Grantee agrees to acquire from Grantor, and Grantor agrees
to grant to Grantee a Temporary Construction Easement and Permanent Slope
Easement over a portion of the Property, subject to the terms and conditions set
forth below:
2. Temporary Construction Easement and Permanent Slope Easement. Grantor
hereby grants to Grantee, its agents and assigns, a Temporary Construction
Easement over the portion of the Property legally described in Exhibit "C-1" and
depicted on Exhibit "C-2" attached hereto, for use as a temporary construction
area for the Project improvements and associated construction purposes, and a
Permanent Slope Easement over the portion of the Property legally described in ;y
Exhibit "D-1" and depicted on "Exhibit D-2" attached hereto, for use as an 'w
earthen slope embankment to transition the CDO Pedestrian walking surface to
existing grade. The effective starting date of the Temporary Construction
Easement and Permanent Slope Easement shall be April 10, 2009.
3. Termination. The term of the Temporary Construction Easement is six (6)
months with an option to continue for an additional twelve (12) months if
construction is not complete at the end of said 6-month period. The Temporary
Construction Easement shall terminate upon the earlier of (i) the completion of
the construction, or (ii) eighteen (18) months after the date of recording of this
instrument.
4. Permanent Slope Easement. The Permanent Slope Easement is perpetual.
5. Indemnification. Grantee shall indemnify, defend, and hold harmless Grantor
from any and all present or future claims, demands, and causes of action in law or
equity resulting from Grantee's negligent use of the Property.
6. No Vesting of Title. Grantor shall remain the owner of fee title to the Property,
subject to the Temporary Construction Easement and Permanent Slope Easement
herein.
7. "After" Condition of the Property. Upon termination of the Temporary
Construction Easement, Grantee will remove all excess materials, equipment and
supplies and leave the Property in a reasonably clean and graded condition.
8. Environmental Representations. The Grantee and the Grantor agree that
neither party is assuming any obligation of the other party relating to any potential
liability, if any, arising from the environmental condition of the Property, each
party remaining responsible for its obligations as set forth by law. Grantee agrees
not to use the Property in a manner contrary to applicable environmental law.
9. No Leases. Grantor warrants that there are no oral or written leases on all or any
portion of the Property that could affect the Grantee's use of the Temporary
Construction Easement and Permanent Slope Easement herein.
10. Encumbrance. If Grantor shall sell or encumber the Property before the
termination of the Temporary Construction Easement said transfer or
encumbrance shall be and remain subject to the Temporary Construction
Easement and Grantor shall notify Grantee of such action.
11. Entire Agreement. This signed document shall constitute the entire Agreement
between the parties and no modification or amendment to this Agreement shall be
binding unless in writing and signed by both parties.
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12. Maintenance. Any necessary maintenance of the earthen slope embankment
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within the Permanent Slope Easement, and the repair of any damage thereto or to
surrounding Property of Grantor caused by or arising from the Project or its Nl
improvements (such as, for example, water erosion) is the responsibility of
Grantee.
04,
13. Permanent Slope Easement Adjustment. After receiving appropriate approvals
and/or permits, Grantor may construct permanent improvements providing
2
comparable lateral support for the Project (such as a retaining wall) to replace the
earthen slope embankment within the Permanent Slope Easement. In such event,
Grantor will thereafter be responsible for maintaining said permanent
improvements. Subsequent to any such improvements being approved, Grantee
shall reconvey those applicable portions of the Permanent Slope Easement to the
owner of the underlying property causing the interests to merge.
14.
DATED as of the -30)t day of kpVi 2009.
GRANTOR
EVERGREEN—STEAM PUMP, L.L.C., an Arizona limited liability company
By: Evergreen-Oro Valley Partners, L.L.C., an Arizona limited liability company
Its: Administrative Member
By: Evergreen Development Company-2004, L.L.C., an Arizona limited liability company
Its: Manager
By: Evergreen Devco, Inc., a California corporation
Its: Manager
By:
Its:
STATE OF ARIZONA )
)ss.
County of Maricopa )
'CA
The foregoing instrument was acknowledged before me this day of
.A. 2009, by1''aQrhi. the LAS , pr���p/
of Evergreen Devco, Inc., a California corporation, Manager of Evergre n Development
Company-2004, L.L.C., an Arizona limited liability company, Manager of Evergreen—
Oro Valley Partners, L.L.C., an Arizona limited liability company, Administrative
Member of EVERGREEN—STEAM PUMP, L.L.C., an Arizona limited liability
company, on behalf of the Company.
WITNESS my hand and official seal.
OFFICIAL SEAL w"
,`41'`" PEGGY DONE , ,
. "' 11. NOTARY PUBLIC-State of Arizona
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'�'r, Maricopa County
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Notary PubliA
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GRANTEE
TOWN OF ORO VALLEY, a municipal corporation of the State of Arizona
Paul H. Loomis, Mayor
ATTEST: APPROVED AS TO FORM:
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(41,44altAftl/ •
Kathryn E: Cuvelier, Town Clerk Tobin Rosen, Town Attorney
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EXHIBIT ` A `
LEGAL DESCRIPTION
STEAM PUMP VILLAGE
PHASE IV BOUNDARY
BEING A PORTION OF SECTIONS 5 AND 8, TOWNSHIP 12 SOUTH,RANGE 14 EAST OF
THE GILA& SALT RIVER MERIDIAN,PIMA COUNTY,ARIZONA
AND DESCRIBED AS FOLLOWS:
COMMENCING AT A 2"IRON PIPE FOUND AT THE NORTHEAST CORNER OF
SECTION 7, TOWNSHIP 12 SOUTH,RANGE 14 EAST OF THE GILA& SALT RIVER
MERIDIAN,FROM WHICH A G.L.O. STONE FOUND AT THE NORTH QUARTER
CORNER OF SAID SECTION 7 BEARS N. 89° 39'55"W., A DISTANCE OF 2,610.75 FEET;
THENCE N. 00°20'05"E.,ALONG THE WEST LINE OF SAID SECTION 5,A DISTANCE
OF 270.32 FEET;
THENCE N. 56°15'00"E.,A DISTANCE OF 65.30 FEET TO THE POINT OF BEGINNING;
THENCE N. 56°15'00"E.,A DISTANCE OF 871.12 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2804.79 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
14°30'00",AN ARC LENGTH OF 709.82 FEET;
THENCE DEPARTING NON-TANGENT TO SAID CURVE,N. 83°18'14"E.,A DISTANCE
OF 72.16 FEET TO A POINT ON THE EXISTING NORTHWESTERLY RIGHT OF WAY
LINE FOR THE TUCSON FLORENCE HIGHWAY(SR 77-AKA ORACLE ROAD), SAID
POINT ALSO BEING ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS POINT THAT BEARS N. 61°06'13"W.,A DISTANCE OF
3719.72 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
24°25'52",AN ARC LENGTH OF 1586.10 FEET TO A POINT ON THE CHORD OF A ;
SPIRAL CURVE FOR TUCSON-FLORENCE HIGHWAY(SR 77--AKA ORACLE ROAD),AS :;11:)
RECORDED
RECORDED IN BOOK 42 OF MAPS AND PLATS,PAGE 40,PIMA COUNTY RECORDS;
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S. 54°03'12" ALONG SAID CHORD, A DISTANCE OF 127.13 FEET;
THENCEW.,
THENCE DEPARTING SAID EXISTING NORTHWESTERLY RIGHT OF WAY LINE FOR p�
TUCSON-FLORENCE HIGHWAY(SR 77-AKA ORACLE ROAD),N. 36°00'00"W.,.A
DISTANCE OF 216.63 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 199.50 FEET;
Page 1 of 2
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4650 E Cotton Center Blvd. i Suite#140 I Phoenix,AZ 85040
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
20°00'00",AN ARC LENGTH OF 69.64 FEET;
THENCE N. 16°00'00"W., A DISTANCE OF 17.18 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 200.50 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
20°00'00",AN ARC LENGTH OF 69.99 FEET;
THENCE N. 36°00'00"W.,A DISTANCE OF 167.76 FEET TO THE POINT OF BEGIANIN'G.
THE ABOVE DESCRIBED PARCEL CONTAINS 625,332 SQUARE FEET OR 14.36 ACRES,
MORE OR LESS.
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4650 E Cotton Center Blvd. Suite#140 I Phoenix,AZ 85040
STEAM PUMP VILLAGE Job No; 3-06080
PHASE IV EXHIBIT ' B '
CURVE DELTA RADIUS LENGTH TANGENT �1/467".?4,01,Ci 14'30'00" 2804.79' 709.82' 356.81' •��6� 4
C3 20'OO'OO"C2 , 24'25'52" 3719.72'
1586.10'69.64' 805.29'
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��O� L3 N56'15'00"E 871.12'
az_`G� L4 N83'18'14"E 72.16'
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EXHIBIT--"C-1"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A temporary construction easement, lying in the Southwest one quarter of section 5,
Township 12 South, Range 14 East, GSRM, Pima County Arizona, more particularly
described as follows:
COMMINCING at a point which bears South 33 degrees 09 minutes 04 seconds East, a
distance of 1979.84 feet, from the West one quarter corner of said section 5; and also
bears North 47 degrees 49 minutes 50 seconds East, a distance of 1441.37 feet, from the
Southwest corner of said section 5; and also bears North 58 degrees 04 minutes 22
seconds West, a distance of 1797.75 feet, from the South one quarter corner of said
section 5, said point being on a non-tangent curve. A radial line through said curve bears
North 26 degrees 02 minutes 23 seconds West;
THENCE 69.67 feet along the arc of said curve, to the right, concave Southeasterly,
having a radius of 2804.79 feet, through a central angle of 01 degrees 25 minutes 24
seconds, to the POINT OF BEGINNING.
THENCE South 26 degrees 02 minutes 23 seconds East, a distance of 20.00 feet, to a
point on a non-tangent curve. A radial line through said curve bears North 26 degrees 02
minutes 23 seconds West;
THENCE 220.02 feet along the arc of said curve, to the right, concave Southeasterly,
having a radius of 2784.79 feet, through a central angle of 04 degrees 31 minutes 36
seconds.
THENCE North 21 degrees 30 minutes 47 seconds West, a distance of 20.00 feet to a
point of non-tangent curve. A radial line through said point bears North 21 degrees 30
minutes 47 seconds West;
THENCE 221.60 feet along the arc of said curve, to the left, concave Southeasterly,
having a radius of 2804.79 feet, through a central angle of 04 degrees 31 minutes 36
seconds, to the POINT OF BEGINNING.
Containing 4,416 sq. ft. or 0.101 acres more or less.
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PROJECTLOCATION MAP
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SCALD 1'=200. T12S, R14E, USW
PIMA =KY
ARIZONA
V1/4 COR
SEC 5
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EXHIBIT--"D-1"
LEGAL DESCRIPTION
PERMANENT EASEMENT
A temporary construction easement, lying in the Southwest one quarter of section 5,
Township 12 South, Range 14 East, GSRM, Pima County Arizona, more particularly
described as follows:
COMMINCING at a point which bears South 33 degrees 09 minutes 04 seconds East, a
distance of 1979.84 feet, from the West one quarter corner of said section 5; and also
bears North 47 degrees 49 minutes 50 seconds East, a distance of 1441.37 feet, from the
Southwest corner of said section 5; and also bears North 58 degrees 04 minutes 22
seconds West, a distance of 1797.75 feet, from the South one quarter corner of said
section 5, said point being on a non-tangent curve. A radial line through said curve bears
North 26 degrees 02 minutes 23 seconds West;
THENCE 69.67 feet along the arc of said curve, to the right, concave Southeasterly,
having a radius of 2804.79 feet, through a central angle of 01 degrees 25 minutes 24
seconds, to the POINT OF BEGINNING.
THENCE South 26 degrees 02 minutes 23 seconds East, a distance of 20.00 feet, to a
point on a non-tangent curve. A radial line through said curve bears North 26 degrees 02
minutes 23 seconds West;
THENCE 220.02 feet along the arc of said curve, to the right, concave Southeasterly,
having a radius of 2784.79 feet, through a central angle of 04 degrees 31 minutes 36
seconds.
THENCE North 21 degrees 30 minutes 47 seconds West, a distance of 20.00 feet to a
point of non-tangent curve. A radial line through said point bears North 21 degrees 30
minutes 47 seconds West;
THENCE 221.60 feet along the arc of said curve, to the left, concave Southeasterly,
having a radius of 2804.79 feet, through a central angle of 04 degrees 31 minutes 36
seconds, to the POINT OF BEGINNING.
I
Containing 4,416 sq. ft. or 0.101 acres more or less.
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PROJECT
LOCATION MAP
SV1/4, SECTION 5
SCALE'I' = 200' T 12 S, R 14 E,GLSRM
PIMA COUNTY
ARIZONA
11/4 COR
SEC 5
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EVE RG RE E N
REAL ESTATE DEVELOPMENT
2390 E Camelback Rd, Suite 410 - Phoenix, Arizona 85016 - P: 602.808.8600 - F: 602.808.9100
200 N Maryland Ave, Suite 201 - Glendale, California 91206 - P: 818.240.8727 - F: 818.240.1823
April 3, 2009 `�,�
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Affi2O9
Via U.S. Mail NDEPT.OFP ir>L
% •
R
Paul Keesler, P.E. 1>
Development Review Division Manager
Town of Oro Valley
11000 N. La Canada Dr.
Oro Valley, AZ 85737
Re: Temporary Construction/Permanent Slope Easement
Dear Paul:
Enclosed is the Temporary Construction Easement and Permanent Slope Easement
executed by Evergreen. When we receive the recorded copy, I will make sure to send a
copy to you.
Sincerely,
if
Laura Swan
Evergreen Devco, Inc.
enclosure