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HomeMy WebLinkAboutEasements - 11/15/2005, Resolution 05-100, Slope, Drainage Way and temporary cCnstruction Easement acquistion ag F. ANN RODRIGUEZ, RECORDER DOCKET: 12680 RECORDED BY: BMV DI PAGE: 3031 DEPUTY RECORDER 11100c NO. OF PAGES: 16 PE7 SEQUENCE: 20052210537 1985 .#SOROV f11/15/2005 TOWN OF ORO VALLEY RES 16:05 11000 N LA CANADA `9/IZ014 ' ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 13.50 • C: B' 5PI ' _ 9 TV RESOLUTION NO. (R) 05-loo A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY APPROVING SLOPE, DRAINAGE WAY AND TEMPORARY CONSTRUCTION EASEMENT ACQUISITION AGREEMENTS BETWEEN THE TOWN OF ORO VALLEY AND THE RESURRECTION LUTHERAN CHURCH TO ACQUIRE THE PROPERTIES KNOWN AS PIMA COUNTY TAX CODE PARCEL NOS. 224-02-0330, 0340, & 0350 FOR THE FIRST AVENUE WIDENING: CDO TO TANGERINE ROAD PROJECT NO. OV 30 00/01 08. the Town of Oro Valleyis a municipal corporation within the State of Arizona, WHEREAS, . . . and pursuant to the laws of the State of Arizona, the Town Council is authorized to enter into Acquisition Agreements to purchase property; and theTown wishes to acquire slope, drainage way and temporary construction WHEREAS, q r ments(Exhibit for the properties known as tax code parcel nos. 224-02- easement ag ee A) . 224-02- 0330, 0340, & 0350 for the First Avenue Widening: CDO to Tangerine Road Project No. OV 30 00/01 08, which description is attached hereto as Exhibit A; and WHEREAS,the Owner agrees to sell the property,which description is attached hereto as Exhibit A, to the Town; and WHEREAS, the Town Council finds that the acquisition of this property is in the best 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: 1. That legal thele al documents entitled "Slope Easement B, Slope Easement C, Slope m t D, Drainage WayEasement E, Drainage Way Easement F, Temporary 0.; Ease eng Easement G, and Temporary Construction Easement H (attached Construction , . Exhibit A) is herebyapproved by the Council for acquisition of the hereto as properties known as Pimay P,1 Count Tax Code Parcel Nos. 224-02-0330, 0340, & r}�Wi 0350. r�djl rl r yjl 2. That the Mayor and other administrative staff of the Town of Oro Valley are hereby authorized and directed to work toward finalizing such an agreements as soon as practical. PASSED AND ADOPTED Mayor bythe Ma or and Town Council of the Town of Oro Valley, Arizona this 2ND day of NOVEMBER , 2005. T T i ATTEST: TOWN OF ORO VALLEY, ARIZONA Cezej4,:, ? ‘.'-/L,/ , KathrYn Cuvelier, Town Clerk Paul H. Loomis, Mayor APPROVED AS TO FORM: , /- M; inda Garr. - ;n, Town Attorney 'j Elili Ell GI 3 ►M dli L.,.a 2 EXHIBIT A SLOPE EASEMENT B For and in consideration of the sum of (Five Hundred Eighty Two Dollars ($582 . 00) and other valuable consideration, the Resurrection Lutheran Church Of Oro Valley, a non-profit corporation, ("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 slope Easement, including but not limited to, slope 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 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 Z'7 day of APri I , 2005. Resurrection Lutheran Church of Oro Valley, A non-profit corporation B y: .. Gary Mills President STATE OF Arizona ss COUNTY Pima This instrument was subscribed, sworn to, and acknowledged before , me this 2. 7 day of Apyil , 2005, by gadj 41.,L4As efit-pLe., Jat6 Fq IR� 4r�+ Notary Public 9r11 My Commission Expires : , 7 ,,\ q� ANNE.TEBO w aw y NOTARY FIC•ARIZONA .��, . E; Pima County My Commission Expires • February 2,2008 C:\Documents and Settings\Business AdminU,ocal ScningsVranporary Internet Files\OLK5B\Rmurrection church Revised.doc i r EXHIBIT A LEGAL DESCRIPTION(SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-0340 A Portion of Lot 31 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 2298.52 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,from which a#4 rebar pe6377 marking the angle point in the east lot line of Lot 30 of said Book 26 Page 59 Maps and Plats lies northerly 158.35 feet; Thence South 00°-23'-36"East 75.74 feet along the said westerly Right of Way of North First Avenue; Thence South 89°-36'-24"West 10.00 feet; Thence North 00°-23'-36"East 75.74 feet; Thence North 89°-36'-24"East 10.00 feet along the lot line between Lot 30 and Lot 31 of said Book 26 Page 59 Maps and Plats to the True Point of Beginning,containing 757 square feet. . 0 LAND •� Hca ��- T� 28745 • '6 ( KRIS VANWAGENEN APC-Oly \\:„:„ y /4_ -mi.= .til da. rat atra t dM 3 Rr� 4rN Nn±'I E:\0109\00\ROW\legals\tangmeadows\s224020340.doc 7/26/2004 I ) 17t/# 4.- ‘W''''''''"1 \ji er Pt ■ / C I FIRST AVENUE CONSTRUCTION C/L 1-1 I 1 P.O.B. L60 I L5-7—N, 1 jI 41 z 4.1 ?A V) L59 RESURRECTION LUTHERAN CHURCH Aci f.._ 224-02-0340 H L58 1 I TOTAL PARCEL AREA I I _ I 144,835 SF I J SLOPE EASEMENT REQUIRED r 757 SF EXIST RAV—/i —1 I J r L_ L I ., 1 UNE DATA UNE BEARING LENGTH L57 5 00'23'36'E 75.74' N L58 S 89'36'24'W /0.00' L59 N 00'23'36'E 75J4' I L60 N 89'36'24'E IOftf EXHIBIT B b .Iq>♦{I 224-02-0340 I ;;Mu� i,ld' Use or alteration of the information in this instrument for other than the (RESURRECTION specific purpose for which it was intended and for other than the client LUTHERAN CHURCH) dry, for whom it was prepared is forbidden unless expressly permitted in writing DATE 11/0 3 y in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING SLOPE EASEMENT SCALE: 1 I I = 100' :^ o, INCORPORATED shall have no liability to any use of this information without 3 D their written consent. © R S ENGINEERING ACQUISITION SHEET: 1 OF 1 gA; 3ENGINEERING ,-, TOWN OF ORO VALLEY DE It ARTMENT OF PUBLIC WORKS 00 CONSULTING ENGINEERS 2 2445 NORTH TUCSON BOULEVARD.TUCSON.ARIZONA 85716 1520)791-3933 FAX:15201 791-9405 FIRST A ©RS ENGINEERING CDO WASH T0 TANGERINE. .. EXHIBIT A SLOPE EASEMENT C For and in consideration of the sum of (Sixty Four Dollars ($64 . 00) and other valuable consideration, the Resurrection Lutheran Church Of Oro Valley, a non-profit corporation, ("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 slope Easement, including but not limited to, slope 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 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 29441 day of y1 , 2005. Resurrection Lutheran Church of Oro Valley, a non-profit corp ration By: ..2.-L:1,___,A.2: 1\_17.% Gary Mills .' President STATE OF Arizona ss COUNTY Pima This instrument was subscribed, sworn to, and acknowledged before me this 2.2t7 day of Apili , 2005, by �Qr V ..a n. pyMra, !„phi Ira, �Ir4 vt de-CPO ,,r Notary Public Yr aii 6 My Commission Expires: 0,tie ANNE TEBO ,40 • NOTARY PUBLIC-ARIZONA tip► Pima County • My Comm<<>,_:;ori Expires drjt Februo 2008 C:\Documcnts and Scttings\Dusincss Admin\Local Settings\Temporary Internet Files\OLK5I3Vtcsutrection church Rcviscd.doc • EXHIBIT A LEGAL DESCRIPTION(SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-0330 A Portion of Lot 30 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 2298.52 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, from which a#4 rebar pe6377 marking the angle point in the east lot line of Lot 30 of said Book 26 Page 59 Maps and Plats lies northerly 158.35 feet; Thence North 00°-23'-36"West 25.51 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 25.51 feet; Thence North 89°-36'-24"East 10.00 feet along the lot line between Lot 30 and Lot 31 of said Book 26 Page 59 Maps and Plats to the True Point of Beginning,containing 255 square feet. O LAND &0/7,0CA 28745 • KRIS j VANWAGENEN 121'1' /. �. . Pe IFrri Idb IIN�i S!'; INLI !.M LL,, 'N! 4N{w'i ;11: E:\0109\00\ROW\legals\tangmeadows\s224020330.doc 7/26/2004 a I N I " I a a a I - I L FIRST AVENUE CONSTRUCT ION C/L a a a � I TANGELO DRIVE CONSTRUCTION C/L -__, 1; 5 a , a LI— --- VW _--__.--.------- __..i . TANGELO DRIVE ilk C6 PDB. L70 L67 iv L69 L65 C5 W I L66 L68 Q (- RESURRECTION LUTHERAN CHURCH OF ORO VALLEY cc1 224-02-0330 a t& EXIST RAV TOTAL PARCEL AREA 144,553 SF 11 SLOPE EASEMENT REQUIRED I 2.583 SF I L62 I L6/ .� i I e9 L63 _,/ L64 i LINE DATA P.O.B. I (.) LINE BEARING LENGTH CURVE DATA I L6I N 00'23'36'W 2551' CURVE RADIUS DELTA LENGTH TANGENT L I L62 S 89'36'24'W 10.00' C5 24,00' 90'16'16' 3939' 24.11' L63 S 00'23'36'E 255/ C6 /51)0' 90'16'16' 23.63' 15.09 1 L64 N 89'36'24'E /0.00' 1 L65 N 89'15'58'E /7910' (J L66 S 89'32'14'W 10.00' I - L67 S 89'15'58'W 15970' L68 S 00'44'02'E 10.00' . L69 S 89'15'58'W 201)0' I sur e L70 N 00'44'02'W 20.00' I ��; EXHIBIT B 6 I E 224-02-0330 15 Use or alteration of the information in this instrument for other than the (RESURRECTION LUTHERAN df.;; specific purpose for which it was intended and for other than the client ."3: CHURCH OF ORO VALLEY) DATE: 11/03 ,n for whom it was prepared is forbidden unless expressly permitted in writingII 1 � in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING SLOPE EASEMENT SCALE• 1 = 100' "' v. INCORPORATED shall have no liability to any use of this information without gi;' their written consent. © R S ENGINEERING ACQUISITION SHEET: 1 OF 1 3 TOWN OF ORO VALLEY22 R S ENGINEERING DEPARTMENT OF PU LIC WORKS CONSULTING ENGINEERS CD CD N 2445 NORTH TUCSON BOULEVARD.TUCSON.ARIZONA 85716 15201 791-3933 FAM:(5201 791-9405 FIRST A 0 ®RS ENGINEERING N- CDO WASH TO TANGERINE EXHIBIT A • SLOPE EASEMENT D For and in consideration of the sum of (One Hundred Eighty Nine Dollars ($189. 00) and other valuable consideration, the Resurrection Lutheran Church Of Oro Valley, a non-profit corporation, ("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 slope Easement, including but not limited to, slope 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 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 day of , 2005 . Resurrection Lutheran Church of Oro Valley, A non-profit corporation By: Gary Mi .ls President STATE OF Arizona ss COUNTY Pima This instrument was subscribed, sworn to, and acknowledged before me this 2 day ofApii ( , 2005, by 6a..vijAim 4 Jml 6K47/•,l klat 40, 'll•11 CM(}I r•, al%y, Notary Public ►, Jrl RneV My Commission Expires: 717%;, ANNE TEBO '�'�'`:. NOTARY PUBLIC•ARIZONA Pima County •� My Commission Expires �1 wow; February 2,2008 C:\Documents and Settings\I3usincss Admin\l ocal Settings\Tcmporary Intcrnct Filcs\OLK5IARcsurrection church Reviscd.doc EXHIBIT A LEGAL DESCRIPTION(SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-0330 A Portion of Lot 30 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 west quarter corner of Section 6,Township 12 South, Range 14 East,Gila and Salt River Meridian, from which the northwest corner of said section 6,being also a brass capped survey monument LS 15342,lies North 00°-27'-46"West 2629.29 feet distant. (North 00°-00'-50"West 2629.01 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-27'-46"West 157.06 feet(157.19 record Book 26 Page 59,of Maps and Plats)along the west line of the northwest quarter of said section 6; Thence South 89°-15'-58"West 100.24 feet(100.25 feet record)to a brass capped survey monument PE 6377,marking the centerline of Tangelo Drive, and from which a brass capped survey monument PE 6377,lies South 89°-1 5'-58"West 829.62 feet distant. (830.04 feet record,Book 26 Page 21 of Maps and Plats of Pima County); Thence South 89°-15'-58"West 179.72 feet along the centerline of Tangelo Drive; Thence South 00°-44'-02"East 30.00 feet to the southerly Right of Way of Tangelo Drive as dedicated by said Book 26 Page 21,of Maps and Plats,being the True Point of Beginning; Thence North 89°-15'-58"East 179.70 feet along the southerly Right of Way of Tangelo Drive to a point of curvature of a 25.00 foot radius curve concave southwesterly; Thence southeasterly along said curve an arc length of 39.39 feet through a central angle of 90°-16'-16"; Thence South 89°-32'-14"West 10.00 feet to the beginning of a non-tangent curve concave southwesterly, whose radius point lies South 89°-32'-14"West 15.00 distant; Thence northwesterly along said curve an arc length of 23.63 feet through a central angle of 90°-16'-16"; Thence South 89°-15'-58"West 159.70 feet; Thence South 00°-44'-02"East 10.00 feet; Thence South 89°-15'-58"West 20.00 feet; it ai, N=, Thence North 00°-44'-02"West 20.00 feet to the True Point of Beginning containing 2,328 square feet. M: 0 05)LA ��1CA rF f 28745 • \0 Eli a 1� Al,j KRIS .� • VANWAGENEN) 1°'� \ AlorZ6-1)-4/ tir \<' 4. ,', -_!_;-- eit... p--,44.1_ .,__, , ,,.... ,..,...:7_, _ , , -..............____ E:\0109\00\ROW\legals\tangmeadows\s2224020330.doc 7/26/2004 EXHIBIT A • DRAINAGE (WAY] EASEMENT E For and in consideration of the sum of Two Hundred Thirty Six Dollars ($236. 00) and other valuable consideration, the Resurrection Lutheran Church Of Oro Valley, a non-profit corporation, ("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 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 26? day of 41/41)-M , 2005. Resurrection Lutheran Church of Oro Valley, A non-profit corporation B y: ...-- Gary Mills President STATE OF Arizona ss COUNTY Pima This instrument was subscribed, sworn to, and acknowledged before me this 21 day of l , 2 0 0 5, by ��� °fx r 1 l t aaa„ ny r+P wa. JJay AA+vb Jar?) 3 Notary Public tf ANNE TEBO My Commission Expires : _•►:�.rr. t NOTARY PUBLIC•ARIZONA tt" Pima County My Commission Expires �i Ivy February 2,2008 C:Dncumcnts and Settings\i3usincns Admin\Lcx ai ScttingsiTemporary Internet Files\OLK5B\Rwum ctinn church Reviseddoc a • EXHIBIT A LEGAL DESCRIPTION(DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-0340 A Portion of Lot 31 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 2160.78 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 16.00 feet; Thence South 00°-23'-36"East 22.00 feet; Thence North 89°-36'-24"East 16.00 feet to the True Point of Beginning containing 352 square feet. PL 4, &°/(.01/4 .��r1CA o j 28745 • )o I KRIS VANWAGENEN 47-26-64v "� s' 1. • or,, .„: J{ELi 4: NI ..pi tJ nN�{ R{, A. E:\0109\00\ROW\legals\tangmeadows\d224020340.doc 7/26/2004 v , . • I ____.....__----r-N je— -1. Th 41 -1-- 4— I - i_I I I II I, a w e ^ ^ ^ IJ I 1 W FIRST AVENUE I CONSTRUCTION C/L /"\ RESURRECTION LUTHERAN CHURCH L 224-02-0340 L54Ll L53 ./. 1 1 TOTAL PARCEL AREA _ I 144.835 SF L55 I J L56 1 PDB. _yj DRAINAGE EASEMENT REQUIRED 352 SF EXIST WY/ 1 ^ F. ^ F. I I E_ I I_ L_ c UNE DATA UNE BEARING LENGTH L53 N 0023136'W 2240 L54 S 89'36'24'W /600' L55 S 00'23'36'E 224 ,rc 0' '`' : L56 N 89.36'24'E 1640' dug, EXHIBIT B 6u= YM syr 224-02-0340 I c Use or alteration of the information in this instrument for other than the (RESURRECTION i�� specific purpose for which it was intended and for other than the client LUTHERAN CHURCH) DATE:DATE 11/03 .., for whom it was prepared is forbidden unless expressly permitted in writing I in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING DRAINAGE EASEMENT SCALE: 1 II = 100 =• o, INCORPORATED shall have no liability to any use of this information without 4 v their written consent. © R S ENGINEERING ACQUISITION SHEET: 1 OF 1 2=�, 52 TO \' N OF ORO VALLEY 3R S ENGINEERING cr DEPS TMENT OF PUBLIC WORKS CONSULTING ENGINEERS ON' 2445 NORTH TUCSON ROUIEVARO.TUCSON.ARIZONA 65716 15201 791-3933 FAX: 15201 791-9405 FIRST A ., ®RS ENGINEERING N CDO WASH TO TANGERINE , a; . . EXHIBIT A , . DRAINAGE WAY] EASEMENT F For and in consideration of the sum of Eighty Eight Dollars ($88 . 00) and other valuable consideration, the Resurrection Lutheran Church Of Oro Valley, a non-profit corporation, ("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 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 141 day of r4 ( , 2005. Resurrection Lutheran Church of Oro Valley, A non- rofit corporation w d By: . .-' Gary Mi - 1---3\\s President STATE OF Arizona ) ss COUNTY Pima ) This instrument was subscribed, sworn to, and acknowledged before me this 1!1 day of Yl i , 2005, by &a.ttjfikrLs rf "`i �tNi It�r� ird C M�� _____ 444,- Jilir- M yy71 �M 1 4•Jai Notary Public �c 4 bad My Commission Expires: 4t!.vtliii�� ANNE TEBO . NOTARY PUBLIC-ARIZONA ,,fi .: NOTARY_Pima County r My Commission Expires �l,t� February 2,2008 C:\Documcnts and Scttingr\i3usinees Admin\Local Settings\Tcmporary Internet Filce\OLK5B\Resurrection church Rcvised.doc Y , • Y . • EXHIBIT A LEGAL DESCRIPTION(DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-0330 A Portion of Lot 30 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 2324.03 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 63.00 feet along the said westerly Right of Way of North First Avenue; Thence South 89°-36'-24"West 15.00 feet; Thence South 00°-23'-36"East 63.00 feet; Thence North 89°-36'-24"East 15.00 feet to the True Point of Beginning containing 945 square feet. ‘f,i9 LAND 4.1.:::*4 &°C? 28745 `t ts , 5 a I KRIS -. \VANWAGENEN \ ''4$4:Z47)7 1r.\\,.........._ __!. :.1,, NN, :. / i 4.71 r�ir agr Ly� l w In 11'd''1 3 ci! s' r.n qr.n E:\0109\00\ROW\legals\tangmeadows\d224020330.doc 7/26/2004 a ~ a d - r N a a a L a a a FIRST AVENUE — CONSTRUCTION C/L TANGELO DRIVE (—_I la . II a CONSTRUCTION C/L a I r- 11 �� \AL_- . TANGELO DR E woao — __ ____ --_-=-71110,4 711 I —I- dig i ttl if: EXISTING R/W Lu I . e .. I— v) RESURRECTION LUTHERAN CHURCH OF ORO VALLEY °r 224-02-0330 `` e TOTAL PARCEL AREA 144,553 SF P.013. V DRAINAGE EASEMENT REQUIRED III 1.2 945 SF 4 L4 e 1-3 I 1 ./ 1 I L H 1 LINE DATA I -I LINE BEARING LENGTH I U N 00'23'36 W 6310' I — L2 S 89'36'24'W 1510' :FI: L3 S 00'23'36'E 6310' °°" �fpM: e L4 N 89'36'24'E 1510' EXHIBIT B it� 224-02-0330 "Y:4 (RESURRECTION LUTHERAN Cil Use or alteration of the information in this instrument for other than the G, specific purpose for which it was intended and for other thon the client CHURCH OF ORO VALLEY) ,.. for whom it was prepared is forbidden unless expressly permitted in writing D AT E 11/0 3 3 in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING DRAINAGE EASEMENT SCALE: 1"I = 100' Cil 6 INCORPORATED shall have no liability to any use of this information without their written consent. © R S ENGINEERING ACQUISITION SHEET 1 OF 1 4, 6 cr, TOWN OF ORO VALLEY 3R S ENGINEERING O DEPARTMENT OF PUBLIC WORKS CONSULTING ENGINEERS FIRST AVENUE N 2115 NORTH TUCSON BOULEVARD.TUCSON.ARIZONA 95716 0201 791-3973 FAX:I5201 191-94OS O ®RS ENGINEERING N� CDO WASH TO TANGERINE G.H. GARCIA CONSULTING, INC. Real Estate Appraisers Right of Way Acquisitions and Relocations 3444 N. Country Club Rd., Suite 100 Tucson,AZ 857164 fir a�s . t. r p Telephone: (520) 326-2200 `. f L Cz,. ,� Facsimile: (520) 326-0773 :.. RECEIVED May 4,2005 TOWN OF ORO Y PUBLIC WORKS i DEPARTMENT Jose Rodriquez Oro Valley Public Works , ,.. '-..,�'�Jam- •-;_'.-- 11000 N. La Canada Drive Oro Valley, Arizona 85737 Re: North First Avenue Project Dear Jose: Enclosed are the original signed slope, drainage and temporary construction easements from the Resurrection Lutheran Church on tax parcels 224-02-0330, 0340, &0350. The offer based on the appraisal for the Three Slope Easements,Two Drainage Easements and Two Temporary Construction Easements needed from these properties was for a total of$1,429.00 (One Thousand Four Hundred Twenty Nine dollars). Also attached is a copy of the appraisal summary giving a breakdown of the individual appraised values. Please proceed to have the easements approved,recorded and funded. If you have any questions or need additional information please contact me at 795-1584. Sincerely yours, 27.L,(.,2ri/v61, • J. Hans , A Right of Way Consultant. EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT G For and in consideration of the sum of One Hundred Fifty dollars ($150.00) and other valuable consideration, the Resurrection Lutheran Church of Oro Valley,a non-profit corporation,("Grantors")does 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 21 _day of AT 01 ,2005. Resurrection Lutheran Church of Oro Valley, A non-profit corporation o By: Al. A_ Gary Mills President STATE OF Arizona ) )ss COUNTY Pima ) This instrument was subscribed,sworn to,and acknowledged before me this 29 day of A-p yi 1 ,2005, by6ar j KtikS A44/Le 69-ara) Notary Public My Commission Expires: ANNE TE60 NOTARY PUBLIC•ARIZONA Pima County `fir My Commission r lid Expires February 2,2008 C:\Documentc and Scttings\13usincss Admin%Lacal Scttings\Temporary Internet Filcs\OLK513\Rcnurredion church Revi.Sod.doc EXHIBIT A LEGAL DESCRIPTION(TEMPORARY CONSTRUCTION EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-0350 A Portion of Lot 32 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 1941.92 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 30.00 feet; Thence South 00°-23'-36"East 40.00 feet; Thence North 89°-36'-24"East 30.00 feet to the True Point of Beginning containing 1,200 square feet. 09 LAND 1GAT 4� / 25745 ( KRIS VANWAGENEN E:\0109\00\ROW\legals\tangmeadows\tc224020350.doc 7/26/2004 le tr N I L L, t - II e 1I I I FIRST AVENUE J CONSTRUCTION C/L e L50 L49 ►4_-i■ + 111 RESOLUTION LUTHERAN CHURCH OF ORO VALLEY ki 224-02-0350 L5/ i a L52 14-1 TOTAL PARCEL AREA PDB. Q tn 144.161 SF CC Li— TEMPORARY CONSTRUCTION EASEMENT REQUIRED 1200 SFj EXISTING R/W e A A n A ^ i1 A UNE DATA 1 UNE BEARING LENGTH L-- L49 N 00'23'36'W 40x00' I- L50 S 89'36'24'W 30.00' I e L51 S 00'23'36'E 40.00' 1 I L52 N 89'36'24'E 30.00 EXHIBIT B II 224-02-0350 Use or alteration of the information in this instrument for other than the (RESOLUTION LUTHERAN specific purpose for which it was intended and for other than the client CHURCH OF 0 R 0 VALLEY) DATE: 11/03 for whom it was prepared is forbidden unless expressly permitted in writing in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING CONSTRUCTION SCALE: 111 = 100' S. INCORPORATED shall have no liability to any use of this information without o their written consent. © R S ENGINEERING EASEMENT ACQUISITION SHEET: 1 OF 1 - es 2 R S ENGINEERING TOWN OF ORO VALLEY 2 DE ARTMENT OF PUBLIC WORKS CO/ CONSULTING ENGINEERS 0. ON m 2445 NORTH TUCSON ROULEVARO.TUCSON.ARIZONA 95716 1520)791-3933 FAX:1520)791-9405 FIRST A 0 CRS ENGINEERING N m CDO WASH TO TANGERINE EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT H For and in consideration of the sum of One Hundred Twenty dollars($120.00)and other valuable consideration,the Resurrection Lutheran Church of Oro Valley,a non-profit corporation,("Grantors")does 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 2.1 day of Aport I ,2005. Resurrection Lutheran Church of Oro Valley, A non-pi fit corporation .r- B '+� '4 Gary Mills President STATE OF Arizona ) )ss COUNTY Pima ) This instrument was subscribed,sworn to,and acknowledged before me this 2q day ofA-pf/ ,2005, by 6--eli (ili.,1 tx Ja-7) Notary Public My Commission Expires: .j, ANNE TEBO �1 T NOTARY PUBLIC•ARIZONA rt' 7... Pima County`�� '� � Expires ,-, My Commission Exp *D February 2,2008 , CADocumcots and Setting413cuinesss Admiancal Settings\Temporary Internet Files\OLK513 Rctiwiection church Revised.doc EXHIBIT A LEGAL DESCRIPTION(TEMPORARY EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-0330 A Potion of Lot 30 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 west quarter corner of Section 6,Township 12 South, Range 14 East, Gila and Salt River Meridian, from which the northwest corner of said section 6,being also a brass capped survey monument LS 15342, lies North 00°-27'-46"West 2629.29 feet distant. (North 00°-00'-50"West 2629.01 feet record,Book 7 Page 83 Road Maps of Pima County); Thence North 00°-27'-46"West 157.06 feet(157.19 record Book 26 Page 59,of Maps and Plats)along the west line of the northwest quarter of said section 6; Thence South 89°-15'-58"West 100.24 feet(100.25 feet record)to a brass capped survey monument PE 6377,marking the centerline of Tangelo Drive, and from which a brass capped survey monument PE 6377, lies South 89°-15'-58"West 829.62 feet distant. (830.04 feet record, Book 26 Page 21 of Maps and Plats of Pima County); Thence South 89°-15'-58"West 179.72 feet along the centerline of Tangelo Drive; Thence South 00°-44'-02"East 30.00 feet to the southerly Right of Way of Tangelo Drive as dedicated by said Book 26 Page 21,of Maps and Plats,being the True Point of Beginning; Thence South 89°-15'-58"West 60.00 feet along the southerly Right of Way of Tangelo Drive; Thence South 00°-44'-02"East 25.00 feet; Thence North 89°-15'-58"East 60.00 feet; Thence North 00°-44'-02"West 25.00 feet to the True Point of Beginning containing 1,500 square feet. (4LiVID CATE4 \28745 • icA.A KRIS VANWAGENEH i PI" E:\0109\00\ROW\legals\tangmeadows\tce224020330.doc 7/26/2004 a s I N I ' ' a L --e-- I � a a FIRST AVENUE CONSTRUCTION C/L TANGELO DRIVE F._I az it a ' CONSTRUCTION C/La 1 r— 1 j► __ r- —-�__ I ——I I ��,� SII _ _ - TANGELO DRIVE Kno -----: row ii- PFOB. w I! L72 z �■ L7/ L74 EXISTING RA' W L73 Q I--- v) RESURRECTION LUTHERAN CHURCH OF ORO VALLEY • cr 224-02-0330 3" TOTAL PARCEL AREA 144,553 SF 11 TEMPORARY CONSTRUCTION EASEMENT REQUIRED I 1500 SF I I � I n I -h .1 ^ A A A A I I L I II UNE DATA I 1 _ UNE _ BEARING LENGTH I L71 S 89'15'58'W 6000' I L72 _ S 00'44'02'E 25.00' L73 N 89'15'58'E 60.00' el L74 N 00'44'02 W 25.00' EXHIBIT B 224-02-0330 (RESURRECTION LUTHERAN 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 CHURCH OF ORO VALLEY) DATE: 11/03 for whom it was prepared is forbidden unless expressly permitted in writing r-, O N S T R U C T I O N EASEMENT in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING SCALE: 1 11 = 100' 6INCORPORATED shall have no liability to any use of this information without ACQUISITION SHEET: 1 OF 1 Ntheir written consent. © R S ENGINEERING 3 ck, 3 ENGINEERING TOWN OF ORO VALLEY DEPARTMENT OF PU •LIC WORKS CONSULTING ENGINEERS 0. N- 2445 NORTH TUCSON BOULEVARD.TUCSON.ARIZONA 85716 1520)791-3933 FAX:1520)T91-9405 FIRST A ®RS ENGINEERING CDO WASH TO TANGERINE N P- N ESTIMATED MARKET VALUE OF PARCEL A. THE LARGER SUBJECT PARCEL, AS IF VACANT,BEFORE THE ACQUISITION $434,149.00 APPRAISAL SUMMARY ESTIMATED MARKET VALULE OF EASEMENT B,A SLOPE EASEMENT AT 25%OF FEE VALUE $582.00 ESTIMATED MARKET VALULE OF EASEMENT C,A SLOPE EASEMENT AT 25%OF FEE VALUE $63.75 ESTIMATED MARKET VALULE OF EASEMENT D,A SLOPE EASEMENT AT 25%OF FEE VALUE $189.25 ESTIMATED MARKET VALULE OF EASEMENT E,A DRAINAGE EASEMENT AT 25%OF FEE VALUE $236.25 ESTIMATED MARKET VALULE OF EASEMENT F,A DRAINAGE EASEMENT AT 25%OF FEE VALUE $88.00 TOTAL ESTIMATED MARKET VALUE OF PERMANENT EASEMENTS $1,159.25 ESTIMATED MARKET COMPENSATION FOR TEMPORARY CONSTRUCTION EASEMENT G. $150.00 ESTIMATED MARKET COMPENSATION FOR TEMPORARY CONSTRUCTION EASEMENT H. $120.00 TOTAL ESTIMATED MARKET COMPENSATION FOR TEMPORARY CONSTRUCTION EASEMENTS $270.00 SEVERANCE DAMAGES DUE TO ACQU1STION $0,00 TOTAL AWARD $1,429.25 ESTIMATED MARKET VALUE OF PARCEL A,AS IF VACANT, AFTER THE ACQUISITION $432,989.75