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HomeMy WebLinkAboutEasements - 11/15/2005, Resolution 05-98, Slope and Temporary Construction Easement acquisition agreements betwe . F. ANN RODRIGUEZ, RECORDER DOCKET : 12680 RECORDED BY: BMVof pi PAGE: 3 013 DEPUTY RECORDER lot%1' �9 NO. OF PAGES: 8 1985 PE7 SEQUENCE: 20052210535 SOROV . 11/15/2005 TOWN OF ORO VALLEY •� •� RES 16:05 11000 N LA CANADA 4.1101014t" ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 9.50 DEC 8' 5P 2:89 TOV RESOLUTION NO. (R) 05-98 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY APPROVING SLOPE AND TEMPORARY CONSTRUCTION EASEMENT ACQUISITION AGREEMENTS BETWEEN THE TOWN OF ORO VALLEY AND VICKI A. SILVANIA AND EVELYN J. STRACKE TO ACQUIRE THE PROPERTY KNOWN AS PIMA COUNTY TAX CODE PARCEL NO. 224-02-1120 FOR THE FIRST AVENUE WIDENING: CDO TO TANGERINE ROAD PROJECT NO. OV 30 00/01 08. WHEREAS,the Town of Oro Valley is a municipal corporation within the State of Arizona, and pursuant to the laws of the State of Arizona, the Town Council is authorized to enter into Acquisition Agreements to purchase property; and WHEREAS, the Town wishes to acquire a slope and temporary construction easement agreements (Exhibit A)for the property known as tax code parcel 224-02-1120 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: dM rTl 1. That the legal documents entitled "Slope Easement B, C and Temporary ;^ Mr; Construction Easement (attached hereto as Exhibit A) is hereby approved by the Council for acquisition of the property known as Pima County Tax Code Parcel No. 224-02-1120. , dp,,t 2. That the Mayor and other administrative staff of the Town of Oro Valley are hereby kpi authorized and directed to work toward finalizing such an agreements as soon as practical. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this _ day of NOVEMBER , 2005. t 1 APPROVED AS TO FORM: 77 • - .,'"f4e1 / e nda Garra =n, Town Attorney iqi rN���na) P IVV; Gu�; 2 EXHIBIT A SLOPE EASEMENT B For and in consideration of the sum of (Eight Hundred Twenty Six Dollars ($826. 00) and other valuable consideration, Vicki A Silvania a single person and Evelyn J. Stracke a single person, not as tenants in common and not as a community property estate but as joint tenants with right of survivorship, ("Grantor") do 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 /( 2r thy of 2005. t Net/ Vicki A. Silvania Eve n J./ rack-6 STATE OF Arizona ss COUNTY Pima This instrument was subscribed, sworn to, and acknowledged before me this 152 day of , 2005, b y Vict 19- Si.tVe-LA-\i'‘‘._, kjr, _ ic 11«: �rN IY k,Y�'• Notary Public My Commission Expires: . :; , D.CROWLEY •��- .- PUBLIC--ARIZONA �•�.y—r 7:1 PIMA COUNTY *�►' My Commission Expires • April 11,2007 D:\heany\georgeWorth Firnt\Silvania slope csrnts.doc -^'' 'e---- 11/1',//%1 - i t EXHIBIT A _ EXHIBIT A LEGAL DESCRIPTION(SLOPE EASEMENT) FIRST AVENUE:CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-1120 . A Portion of Lot 63 of Tangerine Hills Lots 1 Thru 117,Book 31 Page 51,recorded in Pima Count in Section 1,Township 12 South,Range 13 East,Gila and Salt River Meridian, County,Arizona,described as Pima Y� follows: Beginning at a brass capped survey monument LS 15342,being the west quarter corner of Section 6 Range 14 East,Gila and Salt River Meridian,from which the �Township 12 South, 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 the northwest quarter of said section 6; Plats)along the west line of Thence South 89°-15'-58"West 100.24 feet(100.25 feet record)to a brass capped PP survey monument PE 6377,marlcing the centerline of Tangelo Drive,and from which a brass capped survey monument PE 7lies 89°-15'-58" 829.62 feet distant. (830.04 feet record,Book 26 Page 21 South West g of Maps and Plats of Pima County); Thence South 89°-15'-58"West 146.62 feet along the centerline of Tangelo Drive; g Thence North 00°-44'-02"West 30.00 feet to the northerly Right of Way of Tangelo 10 Drive as dedicated by said Book 26 Page 21, of Maps and Plats,being the southwest corner of said Lot 63 and the True Point of Beginning; g Hing, Thence North 89°-15'-58"East 96.82 feet along the northerly Right of Way Tangelo ,of Drive; Thence North 00°-44'-02"West 10.00 feet; Thence South 89°-15'-58"West 70.00 feet; Thence North 00°-44'-02"West 5.00 feet; Thence South 89°-15'-58"West 26.75 feet to the lot line between Lots 63 and 62; Thence South 00°-27'-46"East 15.00 feet along the lot line between Lots 63 and 62 to the True Point ' containing 1,102 square feet.; * LAND oint of Beginning ::,,-t:'''‘; z,.ccf4CA re-46..... :.., ,( 28745 • ::,.4 a KRIS :,,:•, i '�,-VANWAG€N N t ' ra:, • W ani SIN V:i • h:5• o \* .430'7" ' G'e 4_,... k - - E:\01 41 7 ------"— -- .• 09100 7/26/2004 EXHIBIT A _ .. iI ., LINE DATAI CURVE DATA UNE BEARING .LENGTH CURVE RADIUS _ DELTA LENGTH TANGENT L75 S 89'32114'W 15.30' C7 _ 24,00' 66'53'26' 29.19' 15.53' , L76 S 00'44'02'E 22.99' I L77 N 8975'58'E 9682' I L78 N 00'44'02'W IO.00' II L79 S 89'15'58'W TWO' o , L80 N 00'44'02'W , 5.00' II io L81 S 8975'58'W 2675' EXISTING R/W N L82 S 00'27'46'E 15.0 I0' a I EXHIBIT B a 224-02-1120 (SILVANIA VICKI A & STRACKE , _ EVELYN J JT/RS) SLOPE EASEMENT I ACQUISITION • a Sd LV ANI A VICKI A & STRACKE EVELYN J JT/RS Lu 224-02-1120 Iz I w • qc TOTAL PARCEL AREA —_, 45.046 SF cc a SLOPE EASEMENT REQUIRED 1,355 SF L81 L76175 I L82fl— P.02. L80 —\v/ P.O.B. / a L77 0 L79 I C7'' L78 , /////2'A --c * _ N TANGELO DRIVE i 10.00 ....T7F . -4- �?i: IT; trv� ny :"a� :); I.L _ _ _ — 1 �t" .,t Use or alteration of the informotion in this instrument for other than the specific purpose for which it was intended and for other than the client i for whom it wos prepared is forbidden unless expressly permitted in writing DATE3 �" Hro� in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING SCALE: 111 = 60' a INCORPORATED shall have no liability to any use of this information without +�, ° 7their written consent. © R S ENGINEERING - SHEET: 1 O F 1 :... tw!�)ti 3 a L .., TOWN O DEPARTMENT OF PUBLIC WORKS 00 CONSULTING ENGINEERS N p 2445 NORTH TUCSON 80U.EYARO.TUCSON.ARIZONA 05716 ISM)751-3,33 FAx:IS20)791-1105 FIRST A N O ®RS ENGINEERING �m CDO WASH TO TANGERINE EXHIBIT A • • . SLOPE EASEMENT C For and in consideration of the sum of (One Hundred Ninety Dollars ($190 . 00) and other valuable consideration, Vicki A Silvania a single person and Evelyn J. Stracke a single person, not as tenants in common and not as a community property estate but as joint tenants with right of survivorship, ("Grantor") do 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 W NESS WHEREOF, Grantor has executed this easement this a day of AM-2 , 2005. By: (2. BY: Cf-C Vicki A. Silvania Evely J. .Sracke STATE OF Arizona ss COUNTY Pima This 41strument was subscribed, sworn to, and acknowledged before me this day of , Qi7 , 2005, by 14j ; 4 . .Sit✓ j-\i . c-( � S y: Notary Publicd:rapS.CROWLEY My Commission Expires: ,.. � . NOTARY P ARIZONA 1.41 PIMA COUNTY • i MY Commission Expires AN 11.2007 D:heniylgcxxgallorth First\Silvania slope esmts.doo EXHIBIT • • EXHIBIT A LEGAL DESCRIPTION (SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-02-1120 A Portion of Lot 63 of Tangerine Hills Lots l Thru 1 1 7,Book 31 Page 51,recorded in Pima County, in Section 1,Township 12 South, Range 13 East. Gila and Salt River Meridian.Pima Count Arizona, follows: y� described as • 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°-OO'-50"West 2629.01 record,Book 7 Page 83 Road Maps of Pima County); feet 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 the centerline of Tangelo Drive,and from which a brass capped survey monumentpp survey monument PE 6377,marking 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 North 00°-44'-02"West 30.00 feet to the northerly Right of Wayof Tangelo Drive as ' Page 21,of Maps and Plats; dedicated by said Book 26 Thence North 89°-15'-58"East 0.50 feet along the northerly Right of Wayof Tangelo Drive 25.00 foot radius curve concave northwesterly; • g to a point of curvature of a Thence northeasterly along said curve an arc length of 9.97 feet through a central angle of Beginning; g of 22°-50'-18"to the True Point Thence continuing northeasterly along said curve an arc length b of 29.19 feet through a central angle of 66°-53'-26"; Thence South 89°-32'-14"West 15.30 feet; Thence South 00°-44'-02"East 22.99 feet to the True Point of Beginning containing 253 square feet. • LA •co' icATE •� . b J 28745 • KRIS1 l- WAG€NEN 11 1 VAAt ' , A1-26-0 J �1N�I • ' � X1,4 iji 1111Y� r• •. Y il� �M•;I E:\01091001ROWVegals\tanghillsls 1224021120.doc 7/26/2004 J EXHIBIT A • • F UNE DATAI CURVE DATA 1 UNE BEARING LENGTH CURVE RADIUS I DELTA LENGTH IANGENTI i L75 S 89'3214'W 15.30' C7 24W 66-53'26' 29,19' 15.53' I 1 176 S 0C144'02 E 22.99' ii 1 r 177 N 8975'58'E 9682' L78 N 00'44'02'W IO.CJ 179 S 89'15'58'W TOW I ` L80 , N 00'44'02'W 5D0' g I L81 S 8975'58'W 26,75' EXISTING R/W N'\ L82 S 00'27'46'E 1511! 1 a 1 fia ro et Pe fat EXHIBIT B 224-02-1120 (SILVANIA VICKI A & STRACKE _ EVELYN J JT/RS) SLOPE EASEMENT ACQUISITION a SSLVANIA VICKI A & STRACKE EVELYN J JT/RS ki 224-02-1120 W TOTAL PARCEL AREA 45.046 SF cct n J L I � SLOPE EASEMENT REQUIRED 1,355 SF � LT5 I � L8/ 176I L82 L80 P 1----___. MI i eft P.02. a .0.8. L77 179 C7 / L78 ' ____. rt,1. . v. .// . ''.,..A re_‘. at N TANGELO DRIVE it 10400 ........ _....._ i... N \,, / ..as— sem_---sem. IN. lis- _ ,,,. _ _ ........... _.... ............ _ _. _. ___, 4 d" LLI L r�� �� �_ a 1 a 1h'1 tM:l 4 Use or alteration of the information in this instrument for other than the k specific purpose for which it was intended and for other than the client for whom it was prepared is forbidden unless expressly permitted in writing DATE: 3 � in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING 11 1 Cii tol INCORPORATED shall hove no liability to any use of this information without SCALE: = 6 :F.1;.°;-''i':11:; W� their written consent. © R S ENGINEERING SHEET: 1 OF 1 ,: k �VI L ++r� TO \ N OF OI' O O2 NGINEE RING DEPARTMENT OF PU]B]LIC WORKS 0. CONSULTING ENGINEERS N" 7445 NORTH TUCSON EOUMETASO.Tina.Anima 15714 1570)791-3733 FAX.15201 791-905 FIRST AVENUE O ®Rs£MCln[EAING O ir.',-, CDO WASH TO TANGERINE EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of Three Hundred Fifty Eight dollars ($358.00) and other valuable consideration, Yield A Silvania a single person and Evelyn J. Stracke a single person, not as tenants in common and not as a community property estate 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 lk day . �- 1 2005 _AY GRANTOR: Yield A. Silvana • =•',14179.5v: ` . , elyn J. Stracke 62i )7-ok STATE OF ARIZONA ) ) ss. County of Pima ) This instrument was subscribed, sworn to, and acknowledged before me this ( day of `�� 2005, by WC O<, -S iivc r-16 � :S"- S--k-- Lc_ dlj,- 11111 My Commission Expires: D.C-Lei _EY Notary Public NOTARY PUBLIC--ARIZONA (1-;. ;73'`' PIMA COUNTY ;��`iMy Commission Expires • April 11.2007 D:lhenry\georgeWo th First\Silvania slope esmts.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 224-02-1120 A Portion of Lot 63 of Tangerine Hills Lots 1 Thru 117,Book 31 Page 51,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 19.80 feet along the centerline of Tangelo Drive; Thence North 00°-44'-02"West 30.00 feet to the northerly 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 20.30 feet along the northerly Right of Way of Tangelo Drive to a point of curvature of a 25.00 foot radius curve concave northwesterly; Thence northeasterly along said curve an arc length of 9.97 feet through a central angle of 22°-50'-18"; Thence North 00°-44'-02"West 38.04 feet; Thence South 89°-15'-58"West 30.00 feet; Thence South 00°-44'-02"East 40.00 feet to the True Point of Beginning containing 1,194 square feet. e040-CA T� G 28745 • r KRIS VANWAGENEN \ 6 \ -moi - IV dortv:0 Fir E:10109\00\ROWVegals\tanghills\tce224021120.doc 7/26/2004 r EXHIBIT A , UNE DATA CURVE DATA i UNE BEARING LENGTH CURVE , RADIUS DELTA LENGTH TANGENT L83 N 8975'38'E 2030' C8 24D0' 22'5(718' 9.97' 4.56' L84 N 0044'02'W 3804' a L85 S 8975158"W 3000' il L86 S 00'44'02'E _ 4000' , 1 o1 1 dl 13 N\ EXISTING R/WII ! ,:t ' EXHIBIT B 224-02-1120 (SILVANIA VICKI A & STRACKE EVELYN J JT/RS) CONSTRUCTION EASEMENT ACQUISITION SILVANIA VICKI A & STRACKE EVELYN J JT/RS LL1 224-02-1120 Lt TOTAL PARCEL AREA — 45.046 SF c • it. TEMPORARY CONSTRUCTION EASEMENT REQUIRED I.J94 SF L85 L86—N---)7. li L54 mil L_ a L83Al, C8 4' r., PDS,. idtir ' ..., _ __T-- -L_ I I ' a* _ _. ._ � � N l TANGELO DRIVE I0�0 I\ _ — - -- \ / L _ _ ..I4____ - _F- IllikMI, 1 r R-- Use or olterotion of the information in this instrument for other than the specific purpose for which it was intended and for other than the client 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 SCALE: 1" = 60' a INCORPORATED shall hove no liability to any use of this information without n their written consent. © R S ENGINEERING SHEET: 1 OF 1 3 0 TOWN OF 0 VALLEY R S E ENGINEERINGDEPARTMENT OF PUBLIC WORKS 0o CONSULTING ENGINEERS o AVENUE‘,. 2��5 NMTUCSN9outErAID.TUCSN.ARIZONAsstss Ism/MI-3033 FM,Is2ol»>-loosFIRST ..0 ORS ENGINCLRING "� CDO WASH TO TANGERINE