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HomeMy WebLinkAboutEasements - 11/15/2005, Resolution 05-106, Slope, Drainage Way and temporary construction Easement acquisition a tF. ANN RODRIGUEZ, RECORDER DOCKET: 12680 RECORDED BY: BMV voc PLAT PAGE: 3052 DEPUTY RECORDER litipOr NO. OF PAGES: 11 1985 PE7 ; SEQUENCE: 20052210539 w Z SOROV 11/15/2005 TOWN OF ORO VALLEY • 41411" RES 16:05 11000 N LA CANADA 1RI110141' ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 11.00 RESOLUTION NO. (R) 05-1°6 DEC 8' 5PN 2.89 TOV 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 CDO PARTNERS TO ACQUIRE THE PROPERTY KNOWN AS PIMA COUNTY TAX CODE PARCEL NO.220-09- 0160 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 slope, drainage way and temporary construction easement agreements (Exhibit A)for the property known as tax code parcel 220-09-0160 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 the legal documents entitled "Slope Easement B, Slope Easement C, Drainage Way Easement F and Temporary Construction Easement" (attached hereto as Exhibit A) is hereby approvedby the Council for acquisition of the property known8 as Pima County Tax Code Parcel No. 220-09-0160. 2. That the Mayor and other administrative staff of the Town of Oro Valley are hereby ' finalizing an agreements as soon as authorized and directed to work toward finalizing such g P.� 2 practical. d�, PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this _day of NOVEMBER , 2005. ATTEST: TOWN OF ORO VALLEY, ARIZONA d,uz-dwt: Kath Cuvelier, Town Clerk Paul H. Loomis, Mayor APPROVED AS TO FORM: Melfi da Garrahal own Attorney 2 ru.+, rim i w rd� ?p�I Mlfl tir„�f din �IP�f 2 , , , , EXHIBIT A , . SLOPE EASEMENT E. For and in consideration of the sum of (One Thousand One Hundred Seventy Seven Dollars ($1, 177 . 00) and other valuable consideration, Canada Del Oro Partners, an Arizona general partnership, ("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. , ---P— N WITNESS WHEREOF, Grantor has executedthis easement this a - dayof r‘,0-4....., , 2005. Canada Del Oro Partners, an Arizona general Partnership By: John E Rooney Family Limited Partnership, a Delawar Limited Partnership, General Partner By: E Blake Hastings General Partner STATE OF -lar-'z=____ ) c 4WL-1 .. ) ss COUNTY P irrra j u.Q s,,. ) q; an This instrumentwas subscribed, sworn to, and acknowledged before re me this 14-L4 dayof , 2005, by C. 3lu s- - , 0 0 @r#4 Ni(I Notary Public 413 My Commission Expires: n>st-f'R,. PATRICIA L WOOD ilikhJc.�w°ubNc in and for the Stale•�?Okkthome FCommi'sion#010079 'to My Commis.ion.xpirss 06/1004 !2009 D:lbemAgeorge\North First\CDO PARTNERS.doc EXHIBIT A EXHIBIT A LEGAL DESCRIPTION(SLOPE EASEMENT) FIRST AVENUE:CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLF,Y DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-09-0160 • A Portion of Section 7,Township 12 South,Range 14 East,Gila and Salt River Meridian,Pima County, Arizona,described as follows: • Beginning at a brass capped survey monument marking the new northerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in Docket 7571 Page 800,recorded in Pima County,said brass capped survey monument lying North 38°-31'-03"West 800.15 feet(North 37°-58'-02"West 800.00 feet record)from a brass capped survey monument marking the northerly Right of Way of First Avenue and the southerly line of a 800.00 - foot wide drainageway as described in said Docket 7571 Page 800; Thence South 51°-28'-20"West 200.05 feet to a#4 rebar marking the southerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800,being the True Point of Beginning. Thence North 38°-29'-47"West 130.82 feet along the southerly Right of Way of First Avenue; Thence South 51°-30'-13"West 20.00 feet; Thence South 38°-29'-47"East 130.82 feet to the northerly line of said 800.00 foot wide drainageway; Thence North 51°-30'-13"East 20.00 feet to the True Point of Beginning containing 2,616 square feet. • LAND 671. siACArt,4;7A 28745 • t KRIS )12i \ VANWAGENE • 424,\ • .--- • P r I 11i 1111 dpna pr•'1 I,INv1 •If,p 1.tl P 7n tiP a+ kP.0 E:101091001ROW1legals\sect7\slope71220090160a.doc 7/26/2004 i t 1 J • zr \ `:� A/ e1� FIRST AVENUE • // ‘CONSTRUCTION CIL i /i0 /i1t/1/. �J'� i N\\\\C1 \ till • • • / \ <(` \ \ \ X 111/1/, Z. ,/// ` \ \\‘ b`� �/ C2 / L8 0--] • �� '<JO / \ \ l \ \ ,,,,\ �/ • LII U2 ./ P.D.a ‘ EXIST R/W ( L5 \ ‘\ \ • U3 \ • 411/I: LA�tlBERT LANE v L4 e) \ \,\ CONSTRUCTION CIL • / '' N L6 \ CANADA DEL ORO PARTNERS 220-09-0160 P.D.B. \\ / L7 TOTAL PARCEL AREA 287,830 SF • SLOPE EASEMENT REWIRED 8D27 SF CURVE DATA CURVE RADIUS DELTA LENGTH'TANGENT • CI 50m' 89'22121 772.7 4871' • i C2 30W A 89'22'21 _ 460' 2926?' r UNE DATA UNE BEARING LENGTH L4 N 38'29'4710/ r 130.82' L5 S 5130'13'W 20W • 4 L6S 3829'47"E 13082' • 17 " N 5(30'13'E 20W i coy 1.8 N 3829'47'W 1662?' L9 S 5.510012'W 4125' W S 36'59'48'E 20A0' N r UI N 53'0012 E 4125' Z U2 5 38'29'47'E 167.08' k . U3 N 5130'13'E 20.00' • • i� • EXHBT B .220-09-0160 Isp,(CANADA DEL ORO 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 PARTNERS) DATE: 10/03 for whom it was prepared is forbidden unless expressly permitted in writing in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING SLOPE EASEMENT SCALE: 1" = 120' gill INCORPORATED shall hove no liability to any use of this information without ,11 ' theirACQUISITION SHEET: 1 OF 1 '� written consent. © R S ENGINEERING Cil r.,,,,; TOWN brit � TOWN OF 0 !1\ '�r�A 0 VALLEY ., R S ENGINEERINGDEPARTMENT OF PUBLIC WORKS CONSULTING ENGINEERS AVENUEves mom TUCSON uoavAaX.lucsa.alum 15711 (320)751-3533 FAX,1520)»1,5109 FIRST ° `N' " CDO WASH TO TANGERINE EXHIBIT A SLOPE EASEMENT C For and in consideration of the sum of (Two Thousand Four Hundred Thirty Five Dollars ($2, 435. 00) and other valuable consideration, Canada Del Oro Partners, an Arizona general partnership, ("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 under and across the property described on the attached Exhibit over, "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. �Th easement this of IN WITNESS WHEREOF, Grantor has executed thisday , 2005 . Canada Del Oro Partners, an Arizona general Partnership By: John E Rooney Family Limited Partnership, a Delaware Limited Partnership, General Partner By: . Blake Hastings General Partner STATE OF ) d ) ss COUNTY P $ ) �; was subscribed, sworn to, and acknowled ed before This instrumentg A me this I 4^'7 day of J , 2005, by 1`3 We-tx_ hai-usq-vlekr 'i' Faas; • gcN /‘/-ell",7" aaat J.' 7NotarY Public ,olw R� PATRICIA L.WOOD My Commission Expires: "°� o and for`� s ►�. .o ... G Commission#01007934 v131.` My Commission expires 08/1012009 D:lhcary\george\North First\CDO PARTNERS.doc EXHIBIT A • EXHIBIT A LEGAL DESCRIPTION(SLOPE EASEMENT) I-'1RST AVENUE:CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-09-0160 A Portion of Section 7,Township 12 South,Range 14 East,Gila and Salt River Meridian,Pima County, Arizona,described as follows: Beginning at a brass capped survey monument marking the new northerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in Docket 7571 Page 800,recorded in Pima County,said brass capped survey monument lying North 38°-31'-03"West 800.15 feet(North 37°-58'-02"West 800.00 feet record)from a brass capped survey monument marking the northerly Right of Way of First Avenue and the southerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800; Thence South 51°-28'-20"West 200.05 feet to a#4 rebar marking the southerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800; Thence North 38°-29'-47"West 200.82 feet along the southerly Right of Way of First Avenue,being the True Point of Beginning. Thence continuing North 38°-29'-47"West 166.77 feet along the southerly Right of Way of First Avenue to the beginning of a non-tangent curve concave southerly,being that spandrel described in said Docket 7571 Page 800,whose radius point lies South 52°-23'-14"West 50.00 feet distant; Thence westerly along said spandrel through a central angle of 89°-22'-21",a distance of?7.99 feet(77.23 feet record)to the new southerly Right of Way of Lambert Lane as described in said Docket 7571 Page 800; Thence South 53°-00'-12"West 41.25 feet along the said southerly Right of Way of Lambert Lane; Thence South 36°-59'-48"East 20.00 feet; Thence North 53°-00'-12"East 41.25 feet to the beginning of a non-tangent curve concave southerly,being concentric with said spandrel described in said Docket 7571 Page 800,whose radius point lies South 36°-59'-06"East 30.00 feet distant; Thence easterly along said curve through a central angle of 89°-22'-21",a distance of 46.80 feet; Thence South 38°-29'-47"East 167.08 feet; Thence North 51°.,30'-13"East 20.00 feet to the True Point of Beginning containing 5,411 square feet. •' 1111FFFRr„, ,rq . 111 I,IMa:h ♦ LAND _ rr i'iJal'1 • 0,4f0r4c4k4b\#41gN YM 4277 2.8745 t' ( KRIS f �vCI ftn .i`VANWAGENEN l 1 / L Titr kJ, 10109V001ROW\1egals\sect7lslope71220090160b.doc 7/26/2004 s t / * Z \ ''''i \ 1 • r7 \ \� FIRST AVENUE i �� all(' A i \ l• CONSTRUCTION C/L • Z 0 Z z. .4,4, /z \\ -74. \ . -- `r. / I-9 CI \ • �, / iii. Iii \ X I IIII L8\7\\\\\ tit � Ii \\ /I i \ eCi /1,//r .1)0 1 \\ ›' / l 1 \\s . \ \ /• \ /13/ i \� \� EXIST R/W ( L5 \ U3 \ �\ I `\ LAMBERT LANE \\ CONSTRUCTION C/L \s, \ CANADA DEL ORO PARTNERS2X)-090160 L6 '/fr P.o.B. • /• U TOTAL PARCEL AREA 287.830 SF • SLOPE EASEMENT REQUIRED 8.027 SF CURVE DATA CURVE RADIUS DELTA fENGTH TANGENT • CI 5000' 89'22'21' 7723' 48.71' • i C2 30W , 892.2`21 _ 46.80' 29.67' UNE DATA UNE BEARING LENGTH L4 N 38'29'47'W 130.82' 1.5 S 51.30131f 20W 1.6• S 38'29'4T'E 130.82' / ///:/; LT N 5x30'13'E 2000' • C L8 N 38.2947'W 16617' • 1.9 S 53'00'12'W 4125' 1.10 S 36'59'48'E 20W N UI N 530072E 4125' 7 U2 S 38129'47'E 16708' U3 N 511013'E . 20W • • . , ZEXHBaT B 5 d»;� .220-09-0160i.- 'ju'� (CANADA DEL ORO "'ra� ivy i Use or ofterotion of the information in this instrument for other than the 15 specific purpose for which it wos intended and for other than the client PARTNERS) DATE: 10/03 for whom it wos prepared is forbidden unless expressly permitted in writing �`'i in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING SLOPE EASEMENT SCALE: 1" a 120' :.ti: INCORPORATED shall hove no liability to any use of this information without ACQUISITION SHEET: 0 F 1 �q�� their written consent. © R S ENGINEERING f m AYw4 -Thre� rq O \ ALLEYR S ��� �� � 4vii EN G I N E ER I N G DEPARTMENT OF DUELICWO WORKS CONSULTING ENGINEERS FIRST:•. AVENUE MS NORTH TUCSON BIXR.V uUI ro. CSOI.MI2I 13715 15201 711-3233 sax:1221/1 T!1-SACS Cis`. "' CDO WASH TO TANGERINE EXHIBIT A • • DRAINAGE MAY] EASEMENT F For and in consideration of the sum of Four Thousand Two Hundred Twenty One Dollars ($4, 221. 00) and other valuable consideration, Canada Del Oro Partners, an Arizona general partnership, ("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 no..t 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. 14 IN WITNESS WHEREOF, Grantor has executed this easement this day of , 2005. Canada Del Oro Partners, an Arizona general Partnership By: John E Rooney Family Limited Partnership, a Delaware Limited Partnership, General Partner By: E Blake Hastings General Partner STATE OF Azda.4aer ) ) ss COUNTY This instrument was subscribed, sworn to and cknowledged before s me this i‘n day ofJ- -- , 2005, by4„Ir PI .4 1b /4/4v-e?' V' Notary Public My Commission Expires: _ oTA Rf PATRICIA L.WOOD Notary Public in and for the SEAL stat.of Oldahoma .oUG �Commission#01007934 g L� My Commission expires m10/2009 D: eorgeWath FirstlCDO PARTIVERS.doc - . • EXHIBIT A . 1 . EXHIBIT A LEGAL DESCRIPTION(DRAINAGE EASEMENT) FIRST AVENUE:CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-09-01 60 . a 14 East,Gila and Salt River Meridian,Pima County, A Portion of Section 7,'Township 12 South,Range krizona,described as follows: . . markingthe new northerly Right of Way of First Avenue and the northerly 3eginning at a brass capped survey monument - Page 800,recorded in Pima County,said brass • of a 800.00 foot wide drainageway as described in Docket 7571 .ine 31'-03"West 800.15 feet(North 37°-58'-02"West 800.00 feet record)from a sapped survey monument lying North 38 t Avenue and the southerly line of a 800:00 surveymonument marking the northerly Right of Way of Firs grass capped Docket foot wide drainageway as described in said 7571 Page 800; ° feet to a#4 rebar marking Thence South 51 -28 -20 West 200.05 the southerly Right of Way of First Avenue and the line of a 800.00 foot wide drainageway as described in said Docket7571 Page a 800; northerly ° alongthe southerly Right of Way of First Avenue,being the True Point of Thence North 38 -29 -47 West 130.82 feet ThenceRkginzintg. continuingNorth 38°-29'-47"West 70.00 feet along the southerly Right of Way of First Avenue; Thence South 510-30%13"West 67.00 feet; Thence South 38°-29'-47"East 70.00 feet; • Thence North 51°-30'-13"East 67.00 feet to the True Point of Beginning containing 4,690 square feet. t LAS . i .Q0/.410CATi:;16\111%- , ( I ( KRIS VAN WAGENEN/ \ '14,12 4- - \ti, ,>.,,i,__,H,-. :_. ,..../f., lf IL *;;;:.171.7 d"�j� Pn�: :nri.cai ins. S 43 04 1.:: w, 1 .BGG. • E.•1010910Q1R0 g _WUe alslsect7ldrain71d220090160a.doc 7/26/2004 A' ; . 0 1 1 • Z \ \ , • . /, 4914 N \/ / „4,.Z \ v, : \\/ pl, 7 -vz. \ i \ do \ ttrii, cs� \ ' V / \ ((\* \ \ 1\G •• / / ., ` >< \ \ \ / ,,,ZVZ'' %/ \ \. \ \ \ tO \ \ \\ H \ \ \ > PDB. �� \ \ /' i/ LAMBERT LANE \ /, CONSTRUCTION CILLI �7 \ \ \ \ f \ .‘ \ EXIST RAY V \i, 44 / \\ \ \ / L3 ` i // \ \ \ / CANADA DEL ORO PARTNERS 220-09-0160 FIRST AVENUE CONSTRUCTION CIL \\ • TOTAL PARCEL AREA 287.830 SF DRAINAGE EASEMENT REQUIRED 4.690 SF • 7 •/ / '1" i • GV- •/ ZUNE DATA N UNE l BEARING LENGTH U S 51'301371 67D0' 5 3829'47'E 7010' L3 N 5Y30'13'E 67D0 / i 4- , KEXHJBJT B �t 14 A'!{f 220-09-0160 a pig{` 'rill (CANADA DEL ORO uir« ,�p d�„i� e or alteration of the information in this instrument for other than the p”! scific purpose for which it was intended and for other than the client PARTNERS) DATE: 10/03 whom it was prepared is forbidden unless expressly permitted in writing 'P advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING DRAINAGE EASEMENT SCALE: 1" = 120' XPi°i:. 0 :ORPORATED sholhove no nobility to any use of this information without ' OF '� iSI;p it written consent. C R S ENGINEERING ACQUISITION SHEET: 6 TOWN Oa,' 0 VALLEY .,.., .,... R S EN GI N EER I N CDEPARTMENT OF PUBLIC WORKS CONSULTING ENGINEERS . 7.K N01TN MSO+SGPt&R5.TUCSON.MIZOa WST1$ 15201 T11-3333 ;$201 T91-$405 FIRST A Oft "NC' `*' CDO WASH To TANGERINE s # r 1 G.H. GARCIA CONSULTING, INC. Real Estate Appraisers Right of Way Acquisitions and Relocations 031't 3444 N. Country Club Rd., Suite 100 Tucson,AZ 85716 Telephone: (520)P 326-2200 .,,,,,. '� y June 28, 2005 Facsimile: (520) 326-0773 s)v... 42 Jose Rodriquez q ��rq► � Oro Valley Public Works 11000 N. La Canada Drive Oro Valley, Arizona 85737 Re: North First Avenue Project Dear Jose: Enclosed are the original signed Slope Easements B, and C, Drainage Way Easement F. and Temporary Construction Easement from CDO Partners for the properties on the West Side of North First identified as tax parcel 220-09-0160. The offer based on the appraisal for the Two Slope Easements,the Drainage Way Easement and the Temporary Construction Easement needed from this property is for a total of$8,288.00 (Eight Thousand Two Hundred Eighty Eight dollars). Also attached is a copy of the appraisal summary giving a breakdown of the appraised values. Also enclosed is a letter from Ms.Keri L Silvyn the attorney for CDO Partners explaining that the property on the East side of North First has been sold to Pepper Viner and the Slope Easements D&E will need to be acquired from the new owners. I am presently working with Bill Viner to acquire these two easements and will keep you informed on the progress of this acquisition. Please proceed to have the enclosed easements funded and recorded. If you have any questions or need additional information please contact me at 795-1584. Sincerely yours, Henry "� SR/WA y� n, Right Way Consultant. EXHIBIT A • TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of Four Hundred Fifty Five dollars($455.00)and other valuable consideration, Canada Del Oro Partners,an Arizona general partnership("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 thi day of 'J ,2005. Canada Del Oro Partners,an Arizona general Partnership By: John E Rooney Family Limited Partnership,a Delaware Limited Partnership,General Partner By:E. a Hastings General Partner 04c le4-4-es", STATE OF Arizona ) jiffs ss COUNTY-TIME) This instru nt as subscribe sworn to,and acknowledged before me thi dayof J 2005, � g , by • Notary Public DoT PATRICIA�.WOOD My Commission Expires: Nary poo.In end for the . • O �Gommbbklahana� M Commission•#ro0Q/ 10/ 2009 D:\henry\gcorge\North First\CDO PARTNERS.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 220-09-0160 A Portion of Section 7,Township 12 South,Range 14 East,Gila and Salt River Meridian,Pima County, Arizona,described as follows: Beginning at a brass capped survey monument marking the new northerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in Docket 7571 Page 800,recorded in Pima County,said brass capped survey monument lying North 38°31'-03"West 800.15 feet(North 37°-58'-02"West 800.00 feet record)from a brass capped survey monument marking the northerly Right of Way of First Avenue and the southerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800; Thence North 38°-28'-21"West 428.76(428.74 feet record)feet along the northerly Right of Way of First Avenue to the beginning of a non-tangent curve concave northeasterly,marked by a brass capped survey monument,whose radius point lies North 51°29%17"29'-17"East 2191.83 feet distant and whose end Iies North 19°-25'-11"West 1433.85 feet distant,marked by a brass capped survey monument; Thence northwesterly along said curve and northerly Right of Way through a central angle of 12°-10'-30",a distance of . 465.75 feet; Thence South 63°-39'-47"West 200.00 feet to the southerly Right of Way of said First Avenue to the True Point of Beginning; • Thence continuing South 63°-39'-47"West 40.00 feet to the beginning of a non-tangent curve concave northeasterly whose radius point lies North 63°39%47"East 2431.83 feet distant; Thence northwesterly along said curve through a central angle of 01°-30%04",a distance of 63.72 feet; Thence North 65°09%51"East 40.00 feet to the southerly Right of Way of said First Avenue; Thence southeasterly along said curve and southerly Right of Way through a central angle of 01°30%04",a distance of 62.67 feet to the True Point of Beginning containing 2,528 square feet. 41, /7,1fICAlt4&,t,.. 28745 KRIS VANWAGEENENJ wr • fit'•-�.,... ``�..�:...�./ is101091001ROWVegalslsect7ltcesect71t220090I60a.doc 7/26/2004 • 0 A , Lz.L1 3 1 L......____, \ CURVE DATA CURVE RADIUS DELTA LENGTH TANGENT ! \ \ C3 2431.83' 01'30'04' 6372' 31.86' \ \\ 62 C4 2391.83' OrS0'04' 62.7' 282.2r \ `- I \ LINE DATA \\ \ LINE BEARING LENGTH till ! ! \ U4 S 6319'47•W 40.107 X t'DB. \ U5 N 65'Q9'5,E 9040'* ed !U4 AO \ y 1 royli, FIRST AVENUE 71 i kC \ CONSTRUCTION C/1. . \ . !C3 f/ \ \ U5 _ \\ • \ \ \ _c‘ CANAD4 DEL ORO PARTNERS \ \ TrN ! 220-09-0160 \ -52- .11111111 IS OTAL PARCEL AREA \\ $.GN''‘ 135:089 SF \\ to tij{ TEMPORAkY CO STRUCTION EASEMENT REWIRED , 2528 SF ; \` , \ :24 EXIST RAV ZV , l , 0'• lliillt, 1 4‘ ► N i k , 8 ,r/ , , „,,„--.........._. ,- \ r L// _e_ . ,,, - , - .„ \ / LAMBERT LANE EXHIBIT B Cc) OCT C/L 220-09-0160 Use or alteration of the information in this instrument for other than the (CANADA DEL O R C specific purpose for which it was intended and for other than the client PARTNERS) DATE: 10/03 for whom it was prepared is forbidden unless expressly permitted in writing in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING CONSTRUCTION EASEMENT SCALE: 1" ' 100' INCORPORATED shall have no liability to any use of this information without SHEET: 1 1 their written consent. © R S ENGINEERING ACQUISITION 'TOWN OF ORO VALLEY R S EN G I N E E R I N G (DEPARTMENT OF PUBLIC WORKS CONSULTING ENGINEERS FIRST AVENUE 2MM NS W TUCSOM 0004E5*4D.TUCSON.MUM ISM 1570)731-3533 FAX:45201 735-3405 0RSENG lw[EttMG CDO WASH TO TANGERINE