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HomeMy WebLinkAboutEasements - 11/2/2005, Resolution 05-102, temporary construction Easement Acquisition Agreement between TOV and 0 RESOLUTION NO. (R) 05- 102 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 THOMAS K.AND SUZANNE B. HAYES TO ACQUIRE THE PROPERTY KNOWN AS PIMA COUNTY TAX CODE PARCEL NO. 224-02-0370 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, andp ursuant 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 224-02-0370 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 roved by the Council. for acquisition of the property known as(Pima County Tax Code Parcel No. 224-02-0370. 2. That the Mayor and other administrative staff of the Town of Oro Valley are hereby authorized and directed to worictoward 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. 1 ATTEST: TOWN OF ORO VALLEY, ARIZONA Kath n Cuvelier, Town Clerk Paul H. Loomis, Mayor APPROVED AS TO FORM: .f ., 7 Mel' da Garra► n, Town Attorney 2 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of Zero($0.00)and other valuable consideration,Thomas N.Hayes and Suzanne B. Hayes,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. Dated this 1 day of ) , 2004. RANTOR: Thomas N. Hayes GANTOR: Suzanne B. Hayes STATE OF ARIZONA ) ) ss. County of Pima ) hi instrument was subscribed, sworn to, and acknowledged before me this Tg day of �-- , 2004,by �0� �c,•Ai t‘Acky4 �-- a zC�t��k �r� ))\:\ c)- Jmy Commission Expires: OK,Vikao)S1 Notary Public REBECCA M.SANG.STER Crli'74*-; Notary Public-Arizona t ;x, Pima CountyMy Commission Expires Au•ust 28,2005 D:1tvenry\georgeWorth First\Nayes TCE.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 224-02-0370 A Portion of Lot 34 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 1166.17 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 1s4399 marking the east-west lot line between Lot 35 and Lot 34 of said Book 26 Page 59 Maps and Plats lies South 89°-36'-24"West 0.68 feet; Thence North 00°-23'-36"West 20.75 feet along the said westerly Right of Way of North First Avenue; Thence South 89°-36'-24"West 20.00 feet; Thence South 00°-23'-36"East 20.75 feet; Thence North 89°-36'-24"East 20.00 feet to the True Point of Beginning containing 415 square feet. e<TX‘ocAr 61'28745 . ci a ,` KRIS V ANW AG€NEH/ 4„1-ZG-bf 1-1-Fir E:\0109100\ROWUegals\tangmeadows\tc224020370.doc 7/26/2004 EXHIBIT A '► .. .. r. ,' n •. I N -i- . 1&....---- I L......___ A e I 1 1 r... .. .. .. �. .. n -- - tu HAYES THOMAS N & SUZANNE B JT/RS 224-02-0370 L FIRST AVENUE Q CONSTRUCTION C/L TOTAL PARCEL AREA EXIST RAY cC 144.965 SF 11. TEMPORARY CONSTRUCTION EASEMENT REQUIRED • 415 SF e L41 L42 \or. J i___... 0. .. •. .. .. r. 1 L43 L44 PD.B. r- 1 1 II U 1 UNE DATA UNE BEARING LENGTH 141 N 00'23'36'W 2075' ++ L42 S 89'36'24'W 2000' e L43 S 00.23'36'E 2075' L44 N 89'36'24'E _ 2000' EXHIBIT B ♦ s 224-02-0370 Use or alteration of the information in this instrument for other than the (HAYES THOMAS N & specific purpose for which it was intended and for other than the client SUZANNE B JT/RS) DATE: 10/03 for whom it was prepared is forbidden unless expressly permitted inwriting c in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING CONSTRUCTION SCALE: 1" = 100' 3 INCORPORATED shallhove no liability to any use of this information without W their written consent. © R S ENGINEERING EASEMENT ACQUISITION SHEET: 1 OF 1 0 3 it TOWN OF 0 0 VALLEY R S ENGINEERING 0 DEPAR'TMEN'T OF PUBLIC WORKS CONSULTING ENGINEERS FIRST AVENUF 2 g 2445 NTN TUCSON 501414580.TUCSON.ARUM 115715Mt:71i 1520I 771-5133 Mt:I5201 T11-9105 O Cris incoming. cm, ,_ ,-„. CDO WASH TO TANGERINE