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HomeMy WebLinkAboutEasements - 11/15/2005, Resolution 05-108, Slope Easement acquisition agreement betwen TOV and Edward & Katherin • RECORDER DOCKET: 12680 F. ANN RODRIGUEZ, 3063 � PAGE: RECORDED BY: BMV vol�j +9 NO. OF PAGES: 5 • DEPUTY RECORDER PE7 SEQUENCE: 20052210540 1985 ;;,� 11/15/2005 SOROV00)/.4 . RES 16:05 TOWN OF ORO VALLEY `9�2IZ0�� 11000 N LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 8.00 RESOLUTION NO. (R) 05- 108 DEC 8'85PN 2:89 TO A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY APPROVING A SLOPE EASEMENT ACQUISITION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND EDWARD WILLIAM AND KATHERINE A. SIMON TO ACQUIRE THE PROPERTY KNOWN AS PIMA COUNTY TAX CODE PARCEL NO. 224-02-0400 FOR THE FIRST AVENUE WIDENING: CDO TO TANGERINE ROAD PROJECT NO. OV 30 00/01 08. WHEREAS,the Town of Oro Valleyis 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 q WHEREAS, the Town wishes to acquire a slope easement (Exhibit B) for the property known as tax codeparcel arcel 224-02-0400 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 g WHEREAS,the Owner agrees to sell the property,which description is attached hereto as Exhibit A, to the Town; and finds that the WHEREAS, the Town Councilacquisition 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 the legal documents entitled "Slope Easement B (attached hereto as Exhibit approved bythe Council for acquisition of the property known as Pima A) is hereby .�; County Tax Code Parcel No. 224-02-0400. M 8 W 2. That the Mayor and other administrative staff of the Town of Oro Valley are hereby ! authorized orized and directed to work toward finalizing such an agreements as soon as practical. PASSED AND ADOPTED y Esq bythe Mayor and Town Council of the Town of Oro Valley, „ Arizona this 2ND day of NOVEMBER , 2005. ATTEST: TOWN OF ORO VALLEY, ARIZONA ,r_z. 7), (, /��_ 1 r li 1 APPROVED AS TO FORM: I ) f,. Melfi da Garraha-rl, own Attorney ( r.l r.6� 5.� dl Mi Syr Y ^r� •h, 4 r�$$d�I Y. 2 { .-4• EXHIBIT A SLOPE EASEMENT B For and in consideration of the sum of (Five Hundred Twenty Five Dollars ($525. 00) and other valuable consideration, Edward William Simon and Katherine A. Simon, Husband and Wife as joint tenants with right of orshi ("Grantor") do hereby convey to the Town of Oro Valley, a survivorship, municipal corporation oration of the State of Arizona ("Grantee") , an easement p 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 withinProperty the Pro ert 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. Allg rants, 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 /0 day of cratiffio , 2005. BY. -I .ecti>. • ii• ...,4,-1„...t....) Edward William Simon imon Katherine A. Simon STATE OF . ) ss COUNTY G='r ) This instrument was subscribed, sworn to, and acknowledged before me this /b day of P6 s �,2u, Z , 2005, by �j -�-F,S± jEiz.. C ) --) 7 i .ii „.t64...,___L„-itf„,-,_ AI, otary Public E'' �,rw.N �lydN /r 0 Commission Expires:: /'; 0� / � My p �.,� / JUDi i H A.FLEISSNEE ii;l1 :oi4ry Public,State of New Y rr: :: Qualified in Erie County ;; / I Ml Commission Expires i/ '6 ptl,, DAhavAteorgekNorth Firstl.Simon slope esmLdoc 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 224-02-0400 A Portion of Lot 37 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 286.92 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 140.00 feet along the said westerly Right of Way of North First Avenue; Thence South 89°-36'-24"West 10.00Teet; Thence South 00°-23'-36"East 140.00 feet; • Thence North 89°-36'-24"East 10.00 feet to the True Point of Beginning containing 1,400 square feet. •LAN TDA ��N so IC , i 28745 • :!t r1 KRIS '1 VAN'WAGENEN '41,74-0 (Zis, Fik Anti., dre, rY, •nd• fin, 6 i 0 E:\0109\00\ROW\legals\tangmeadows\s224020400.doc 7/26/2004 EXHIBIT A z L I' j - , _J i I U I I � I . I I . I y I I UNE DATA ' , FIRST A'ENUEUNE BEARING LENGTH I CONSTRUCTION C/` L22 N 00'23'36'w 140W' i 123 5 8436'24'W 10x00' 124 S 00'23'36'E 14000' 1 L25 N 89'36'24'E 10.00 L I II i 1.23 ii; 1 ro . 124--- 0 i I PDB. f r 125 • SIMO EDWARD • WILLIAM & KATHERINE A JT/RS 224-02-0400 I r I TOTAL PARCEL AREA I I 145.435 SF I r I SLOPE EASEMENT REQUIRED 1.400 SF rii r EXIST VW-\)/ N I I •." r L--1\ r - r I _ __ I XHi 'r; E IT 8 B dof. 224-02-0400 8 li Use or olterotion of the information in this instrument for other than the (SIMON EDWARD WILLIAM & " specific purpose for which it was intended and for other than the client KATHERINE A JT/RS) DATE: 10/0 3 "i for whom it was prepared is forbidden unless expressly permitted in writing ; ain advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING SLOPE EASEMENT SCALE: 1" = 100' INCORPORATED shall hove no liability to any use of this information without • I, is their written consent. © R S ENGINEERING ACQUISITION SHEET: 1 OF 1 a i R S NGIN EERI NG 0, TOWN OF ® VALLEY DEPARTMENT OF PUBLIC WORKS CONSULTING ENGINEERS N O 5445)) 5$711CS011.OIREY.II0.TUCSON.A5150. MIA 15201 751_3533 111:(570)751-5405FIRST AVENUE S Q On EMCIKERIua • "M CDO WASH TO TANGERINE , m