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HomeMy WebLinkAboutEasements - 11/2/2005, Resolution 05-104, Temporary Construction Easement acquisition agreement between TOV and v 4 RESOLUTION NO. (R) 05- 104 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY APPROVING A TEMPORARY CONSTRUCTION EASEMENT ACQUISITION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND ANTON L. AND JANET L. ZEGER TO ACQUIRE THE PROPERTY KNOWN AS PIMA COUNTY TAX CODE PARCEL NO.224-29- 0020 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 temporary construction easement agreement (Exhibit A) for the property known as tax code parcel 224-29-0020 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 "Temporary 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. 224-29-0020. 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 by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2ND day of NOVEMBER , 2005. 1 ATTEST: TOWN OF ORO VALLEY, ARIZONA /4;,u '' ter. Kathn Cuvelier, Town Clerk Paul H. Loomis, Mayor APPROVED AS TO FOCI zV1 Mel' da Garra - , Town Attorney 2 EXHIBIT A • TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of Zero ($0.00) and other valuable consideration,Anton L. Zeger and Janet L.Zeger,Husband and Wife 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. A- Dated this day ofOet--td/,‘,72004. .- :dt/A1,. ..- -.A...go' Aillib.._ _ L.....__6,Ae. _ _ _ 0 (Z--g,' P.----iL...... ' A NTOR: A , e n L. -- er G' A= ' OR: Janet L. Zeger g g STATE OF A '1 ZONA ) ) ss. J ,. County of Pima ) , f:till, • This instrument wg.4subscribed ,iorn to, and acknowledged before me this ,/ day 2004 by\\111/4/3 7er-e My41k - - /9 7 .- ''-n,1 i- ‘,7/ XISZ.,-).--- Commission Expires: / Z2/94 j-d19) (Not. Public p i?i�y}.��'�s�^,„l�/,{�.� tw �. 1_111x... +�1k i ���j11���.�j� tet'>.� � T,r JANIS A.VAN KEUREN X,a,,,,,-- Notary Public-Arizona � '' Pima County v." :1, fly Commission Expires * -'''':->"' March 4,2007 �• cAri'Ly +"@uiwwL• ,. Zvi D:IhemAguirgelNurth First\Zeger TCE.doc a 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 224-29-0020 A Portion of Lot 2,Block l of Canada Del Oro Estates Blocks 1&2,Book 12 Page 15,recorded in Pima County, in Section 12,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 northeast corner of said section 12,from which the north quarter corner of said section 12,being an aluminum capped rebar LS 19316, lies South 89°-21'-52"West 2751.10 feet distant.(South 89°-49'-45"West 2753.54 feet record,said Book 12 Page 15 Maps and Plats); Thence South 89°-21'-52"West 654.72 feet along the north quarter section line; Thence South 00°-38'-08"East 75.00 feet to the southerly Right of Way of Naranja Drive as recorded in Book 8,Page 89 of Road Maps of Pima County,being the True Point of Beginning; . Thence South 00°-38'-08"East 10.00 feet; Thence North 89°-21'-52"East 40.00 feet; Thence North 00°-38'-08"West 10.00 feet to the southerly Right of Way of said Naranja Drive; Thence South 89°-21'-52"West 40.00 feet along the southerly Right of Way of said Naranja Drive to the True Point of Beginning containing 400 square feet. ' ...,00 ciziqb-- u6.,_.\\\ FICA T 0 'I6 ''.A / 28745 • ( KRIS '1 11AN AGENEN " 6'04'5" / • ned. 1%.14Mitt:l'At— vir.7----- -- • E:\0109\00\ROW\legals\cdoestates\candeloro2.doc 7/26/2004 N NARANJA DRIVE CONSTRUCTION CIL A- i - ilk_ .,---------------- RIVE . 46- owF NARANJA 0 k t".0iL4 1-4 r s,._,,_,„ic— L3 P.O. ? � ! \ 1 ( ► \---EXISTING RAY a a a a > a ZERGER ANTON L 224-29-0020 a a a I_h /.. h h A ..---..1_,,, a TOTAL PARCEL AREA • 45346 SF a 4-_-_h h h A TEMPORARY CONSTRUCTION EASEMENT REWIRED I 400 SF a a LINE DATA LINE BEARING LENGTH U S 00:38'08'E 10.00' L2 N 89'2/'52 E 40.00' 13 N 00'38-08'W 100' a 1.4 S 89'21'52W 40.00' . EXHIBIT S 224-29-0020 / . Use or alteration of the information in this instrument for other than the (ZERGER ANT 0 N L) specific purpose for which it was intended and for other than the client CONSTRUCTION EASEMENT 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 ACQUISITION SCALE: 111 = 100' a INCORPORATED shot hove no liobaity to any use of this information without o their written consent. © R S ENGINEERING SHEET: I OF 1 3 a. TOWN OF WI,' 0 VALLEY 3R S ENGINEERING DEPARTMENT OF PUBLIC WORKS CONSULTING ENGINEERS O/ 2445 1p175 TUCSO11 EYARO.711[505.ARUMSS71i 15201 751-3033 FAX:15201 751-0146 FIRST AVENUE •O On[NG1N[ERINC • N m CDO WASH TO TANGERINE