Loading...
HomeMy WebLinkAboutEasements - 11/15/2005, Resolution 05-103, Drainage Way & Temporary Construction Easement acquisition agreement MilmilmmimmoNamimlow F. ANN RODRIGUEZ, RECORDER DOCKET: 126804 PAGE: 3047 RECORDED BY: BMV °I PI 5 � NO. OF PAGES: � DEPUTY RECORDER litt4C 2 0 0 5 2 210538 1985 PE7 t SEQUENCE:•is • Z 11/15/2005 SOROV �' RES 16:05 TOWN OF ORO VALLEY `9e1014* 11000 N LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 8.00 RESOLUTION NO. (R) 05- 103.1° DEC 9'85PN 2_88 IOU OF THE MAYOR AND A RESOLUTION COUNCIL OF THE TOWN OF ORO VALLEY APPROVING DRAINAGE WAY AND TEMPORARY CONSTRUCTION EASEMENT ACQUISITION AGREEMENTS BETWEEN VALLEY AND JULIAN R. AND LUPITA C. ORO THE TOWN OFCOUNTY PROPERTY HERRERA TO ACQUIRE THEKNOWN AS PIMA - CODE PARCEL NO. 224-02-0390 FOR THE FIRST AVENUE TAX TO TANGERINE ROAD PROJECT NO. OV 30 00/01 08. WIDENING: CDO iscor oration within the State of Arizona, EAS the Town of Oro Valley a municipal p . . enter WHEREAS, the Town Council is authorized to pursuant to the laws of the State of Arizona, and into Acquisition Agreements to purchase property; andq wayand temporary construction the Town wishes to acquire drainage WHEREAS, tax code parcel 224-02-0390 A for the property known asasement a reements (Exhibit ) which e g Road Project No. OV 30 00!01 08, ' t Avenue Widening: CDO to TangerineJ for the Firs description is attached hereto as Exhibit A; and g WHEREAS, the Owner agrees to sell the property, which description is attached hereto as Exhibit A, to the Town; and AS the Town Council finds that the acquisition of this property is in the best WHEREAS, interests of the residents of Oro Valley. NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: • �� Drainage Wayand Temporary Construction That the legal documents entitled , 1. g herebyapproved by the Council for d hereto as Exhibit A) is pp t';!',,,,iiEasement (attacheParcel No. 224-02- 0390 24-02- , • • propertyknown as Pima County Tax Code acquisition of the �, 0390. • of the Town of Oro Valley are hereby �p GI and other administrative staff d3 2. That the Mayor � such an agreements as soon as • directed to work toward finalizing g ap authorized and 7practical. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2ND dayof NOVEMBER , 2005. ____ 11111111111111111111111111.111111.111111'.-- ATTEST: TOWN OF ORO VALLEY, ARIZONA Kat1tyn Cuvelier, Town Clerk Paul H. Loomis, Mayor APPROVED AS TO FORM: 1- Melirvi a Garrahlf own Attorney 2 ✓ EXHIBIT A DRAINAGE [WAY] EASEMENT For and in consideration of the sum of Eighty Three Dollars ($83.00), Julian R. Herrera and Lupita C. Herrera, Husband and wife, as tenants in common and not as a community property estate, but as joint tenants with right of survivorship ("Grantor") does hereby . convey to the Town of Oro Valley, a municipal corporation of the State of Arizona ("Grantee"), an easement for the construction and maintenance of a drainage way, including but not limited to, drainage improvements over, under and across the property described on the attached Exhibit"A" (the"Property"). The Grantee shall have the right to construct and maintain improvements within the Property and to enter upon the Property for the purpose of maintaining the easement and its improvements located thereon. Grantor agrees that no buildings, structures, fences or trees shall be placed upon the gr Property and that the natural contours of the Property shall not be excavated, filled or altered without the prior written approval of the Grantee. All grants, covenants and conditions of this easement shall inure to the benefit of and be binding upon the successors in interest to the Grantee and Grantor. IN WITNESS WHEREOF, Grantor has executed this easement this 14/ day of 2006. By' • Julian R. Herrera L ita C.Herrera STATE OF ARIZONA ) ) ss COUNTY OF PIMA ) This instrument was subscribed, sworn to, and acknowledged before me this / da of 4- bruaiy,20 D5,b LIU h �► C, ` �rYr y �e y ��, nm ulna' a'yl 4n�1 ,21(.1/) aA') of Public ���{ ' LYNN M.GARCIA s. MyCommission Expires: i I azo !'! Notary Public-Arizona p �r Pima County ''►'„ - My Commission Expires -fi tp gait.4 May 14,2007 D:WcnnrygeorgcWonh FirsiWcrncra Dminagcaav Esmt.doc • EXHIBIT A • • EXHIBIT A LEGAL DESCRIPTION(DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-0390 A Portion of Lot 36 of Tangerine Meadows Lots 30 Thru 46,Book 26 Page 59, of Maps and Plats,recorded in Pima County. in Section 1,Township 12 South, Range 13 East, Gila and Salt River Meridian,Pima County, Arizona,described as follows: Beginning at a brass capped survey monument LS 15342,being the southeast corner of said Section 1,from which the west quarter corner of Section 6,Township 12 South, Range 14 East,Gila and Salt River Meridian,being also a brass capped survey monument LS 15342, lies North 00°-23'-36"West 2456.92 feet distant. (North 00°-15'-45" East 2456.93 feet record,said Book 26 Page 59 Maps and Plats); Thence North 00°-23'-36"West 766.98 feet along the line to the west quarter corner of said section 6; Thence South 89°-36'-24"West 75.00 feet to the westerly Right of Way of North First Avenue as dedicated by said Book 26 Page 59,of Maps and Plats, being the True Point of Beginning; Thence North 00°-23'-36"West 22.00 feet along the said westerly Right of Way of North First Avenue; Thence South 89°-36'-24"West 10.00 feet; • Thence South 00°-23'-36"East 22.00 feet; Thence North 89°-36'-24"East 10.00 feet to the True Point of Beginning containing 220 square feet. iSerdATE , 28745 • o� • ( KRIS VANWAGENEN \. P7-26-0,4i • \</s.t r • //, • viral' 11 E:\0109\001ROW\legals\tangmeadows\d224020390.doc 7/26/2004 .. w ` A . , . f r r--i.-.' .., - - ,. ., 11 N L— P till W I l_ , fl II . H ›.. FIRST AVENUE CONSTRUCTION CIL $ r L II C II ,. II I r _L II 1 HERRERA JULIAN R & LUPITA C JT/RS L--I w 224-02-0390 126 L27 W Q 0.4 i— TOTAL PARCEL AREA 1.28 cil 144,943 SF L29 IL 1 • PDB. I 1 DRAINAGE EASEMENT REQUIRED I I 220 SF I U I I _ EXIST RIW I I e II _..._J . . . . . ._ ‘,_1_1 . UNE DATA UNE BEARING LENGTH 126 N 00'23136'W 22.00' 127 S 89'3624'W 10.00' 128 S 072316'E 22.00' I_ 129 N 89'36'24'E 10.00' L I ;; EXHIBIT B 2 rm 224-02-0390 .„ NYS, (HERRERA JULIAN R & i Use or alteration of the information in this instrument for other than the specific purpose for which it was intended and for other than the client LU P I T A C JT/RS) DATE: 10/03 for whom it was prepared is forbidden unless expressly permitted in writing 1, c in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING DRAINAGE EASEMENT SCALE: 1" = 100' '' g. INCORPORATED shallhave no liability to any use of this information without 114their written consent. © R S ENGINEERING ACQUISITION SHEET• 1 0 F 1 ,r., a 4, L TOWN OF ORO VALLEY.,o R S ENGINEERING DEPARTMENT OF PUBLIC WORKS QDCONSULTING ENGINEERS N0 0 Q, 2115 NORTH TUCSON BOULEVARD.TUCSON.ARIZONA 05714 I520)751-3573 FAX:I5201 111-1405 FIRST A 0 0R ENGINEERING WASH CDO TO TANGERINE . EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of One Hundred Twenty dollars ($120.00) and other valuable consideration,Julian R.Herrera and Lupita C.Herrera,husband and wife,as tenants in common and not as a community property,but as joint tenants with right of survivorship("Grantors")do hereby grant to the Town of Oro Valley, a municipal corporation of the State of Arizona ("Grantee "), a Temporary Construction Easement in connection with the construction of the North First Avenue ("Project"). The purpose of this Temporary Construction Easement is to allow Grantee, its agents, contractors and assigns, to use the property, as described herein, for construction of the Project and appurtenances. This Temporary Construction Easement shall be on,over and across real property legally situated in the Town of Oro Valley, Arizona, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference ("Premises"). This project is scheduled to commence construction during the summer of 2005. This easement right shall start upon the beginning of construction of said project and continue for a period of 18 months, with an option to continue beyond the term for an additional six months. In the event completion of the Project occurs earlier than the term of this easement, Grantee shall terminate this easement by written notice to Grantor. Grantor covenants to-and with Grantee and its assigns that it is lawfully seized and possessed of the Premises,that it has good and lawful right to grant said easement interest and that it warrants and will defend the title to said easement interest against all claims. Grantee shall repair and restore the Premises to a like and equivalent condition as existed prior to the construction activity and 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. Dated this 1 ' day of 4 . , 2005. . . Al. , . At...1, .......ir _ n.a,e..yeatc.,..„.. GRANTOR: Julian R Herrera GANTOR. Lupita C. Herrera STATE OF ARIZONA ) ) ss. County of Pima ) This instrument was subscribed, sworn to, and acknowledged before me this / day of ,e6 a , 2005, by Ju.,f,ar le. ; Le,tp,-/,3 C . we rrd 1--q, .)-vii--t 0.a c(4 66.0, My Commission Expires: ia O O Public 't Yr.„„. . .r.' r,.:.: „. :4r.t „ �. _,.c. . .-4,. .��s,;�� LYNNE M. GARCIA t"uo\ Notary Public-Arizona? �i Pima County t7 My Commission Expires 1912 x May 14,2007 k9 D:lhciuylpuurgeWorth FirsNiencra TCE.doc EXHIBIT A EXHIBIT A LEGAL DESCRIPTION(TEMPORARY CONSTRUCTION EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-0390 A Portion of Lot 36 of Tangerine Meadows Lots 30 Thru 46, Book 26 Page 59, of Maps and Plats, recorded in Pima County, in Section 1 Township 12 South. Range 13 East,Gila and Salt River Meridian, Pima County, Arizona,described as follows: • Beginning at a brass capped survey monument LS 15342,being the southeast corner of said Section 1,from which the west quarter corner of Section 6,Township 12 South,Range 14 East,Gila and Salt River Meridian,being also a brass capped survey monument LS 15342, lies North 00°-23'-36"West 2456.92 feet distant.(North 00°-15'-45" East 2456.93 feet record.said Book 26 Page 59 Maps and Plats); Thence North 00°-23'-36"West 826.92 feet along the line to the west quarter corner of said section 6; Thence South 89°-36'-24"West 75.00 feet to the westerly Right of Way of North First Avenue as dedicated by said Book 26 Page 59, of Maps and Plats, being the True Point of Beginning; Thence North 00°-23'-36"West 40.00 feet along the said westerly Right of Way of North First Avenue; Thence South 89°-36'-24"West 20.00 feet; • Thence South 00°-23'-36"East 40.00 feet; Thence North 89°-36'-24"East 20.00 feet to the True Point of Beginning containing 800 square feet. ' op LAND 6!::::;., frifrficAr6-46c? 28745 • �.: . ch ..04 KRIS 1 \VANWAGENENI ¼') 1V-z6 4,\,.., ,. ,..._., et, ilfr 7----'------------- . •i' O E:\0109\00\ROWVegals\tangmeadows\tc224020390.doc 7/26/2004 . i ,i „ ... ,, - ... - - 11 E; '.---* N L L . - till r- I I ed C'..) I I — y . . A -,,- '- ' - > ) • FIRST AVENUE CONSTRUCTION C/L 1r r I 1 L II II L3/ I L32 or t HERRERA JUUAN R & LUPI T A C JT/RS L30 r , 224-02-0390 \ `'' L33 P.os. r LLI. L Q TOTAL PARCEL AREA • 144.943 SF j • ICC I TEMPORARY CONSTRUCTION EASEMENT REQUIRED I I 800 SF I U I I EXIST R/W I I II _J . y y y 1 ., V V w_u . . c .d UNE DATA UNE BEARING LENGTH L30 N 01723'36'W 40.00' L3I 5 8916'24 W 20D0' c L32 5 00'23'36'E 4007 L33 N 89136'24 E 20.00' L -" EXHIBIT B 224-02-0390 Use or alteration of the information in this instrument for other than the (HERRERA JULIAN R $c specific purpose for which it was intended and for other than the client L U P I T A C JT/RS) D10/03 for whom it was prepared is forbidden unless expressly permitted in writing c in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING CONSTRUCTION SCALE: 1" = 100' INCORPORATED shall hove no liability to any use of this information without their written consent. © R S ENGINEERING EASEMENT ACQUISITION SHEET: 1 OF 1 0 3 NGI N EERI NG a, TOWN OF O ' O DEPARTMENT OF PUBLIC W•RKS CONSULTING ENGINEERS N2445 NOM TUCSON 110ULEY0RD.'TUCSON.ARIZONA 15711 15201 791-3933 US:15201 791-9405 FIRST A O ORS ENGINEERING�mCDO WASH TO TAN° GERINE