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HomeMy WebLinkAboutEasements - 11/2/2005, Resolution 05-101, Temporary Construction Easement acquisition agreement between TOV and I RESOLUTION NO. (R) 05-lin 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 EDWIN K. AND ANN L. HILL TO ACQUIRE THE PROPERTY KNOWN AS PIMA COUNTY TAX CODE PARCEL NO.224-02- 0360 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 224-02-0360 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. 224-02-0360. 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. ATTEST: TOWN OF ORO VALLEY, ARIZONA 1 M 4 r 1 .-4/ /lam ) Kath ' Cuvelier, Town Clerk Paul H. Loomis, Mayor APPROVED AS TO FORM: / # Mel nda Garrah. own Attorney 2 EXHIBIT A I TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of Zero($0.00)and other valuable consideration,Edwin K.Hill and Jo Ann L.Hill,Husband and Wife as Community Property 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. la"- Dated t s /7 day of 2004. t -1 . /4J2-e. _ ., I M i dRANTOR: Edwin K. Hill eAr OR: Jo Ann L. Hill STATE OF ARIZONA ) ) ss. County of Pima ) This instrument was subscribed, sworn to, and acknowledged before me this day of , 2004, byfA) Ar'. � e. ,q J ) i.., f'r i... My Commission Expires: Notary Pub • A* STEVEN J.PONZO k-i4It,,�, NOTARYPU$LIC•ARIZONA 4IPIMA COUNTY My Commission Expires January 21,2008 D:VhecuylgoorgeWorth First\Hill 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 224-02-0360 A Portion of Lot 33 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 1576.92 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 40.00 feet along the said westerly Right of Way of North First Avenue; Thence South 89°-36'-24"West 35.00 feet; Thence South 00°-23'-36"East 40.00 feet; Thence'North 89°-36'-24"East 35.00 feet to the True Point of Beginning containing 1,750 square feet. A ti (c533 JOCA re,4) cr 28745 • v`-: i KRIS VAN AGENEN \\$,7-26-0,./ E:101091001ROW1legals\tangmeadows1tc224020360.doc 7/26/2004 EXHIBIT A i . .. ... .. , ... ,.. ... N ./ , IH f — f L_ a C { FIRST AVENUE I CONSTRUCTION CIL t HILL EDWIN K & JO MN CP/RS L45 .\I 224-02-0360 L46 , ! w TOTAL PARCEL AREA y, L 144 5 F L47 '� W • .8 9 S L48 V) TEMPORARY CONSTRUCTION EASEMENT REQUIRED Ct • • 1,750 SF P.O.B. I LA. i EXIST RAY - A A A A A A A .,... L UNE DATA UNE I BEARING LENGTH I L45 N 00'23'36'W 4000' I L46 S 873624'W 35W I L47 S 0 23'36 E 40.00' L48 N 89'36'24'E 3500' EXHIBIT B 224-02-0360 Use or alteration of-the information in this instrument for other than the (HILL EDWIN K $c specific purpose for which it was intended and for other than the client JO ANN CP/RS) DATE: 11/03 for whom it wos prepared is forbidden unless expressly permitted in writing °' in advance by R boll ENGINEERING NG INCORPORATED,and R S ENGINEERING CONSTRUCTION SCALE: 1" = 100 INCORPORATED T ' ED s e no liability to any use of this information without g their written consent. © R S ENGINEERING EASEMENT ACQUISITION SHEET: 1 OF 1 0--- t. 3 z9 IR S ENGINEERiNG 0, TOWN OF (O 0 DEPARTMENT OF PUBLIC WORKS CONSULTING ENGINEERS fsi if, 2445 NORTH TUCSON l OULEVI�.tUCS01INTRON. �11E 24!191•3l3: FIX:ISM!T?!-!tLS FIRST AVENUE • 'O ...Damn N< CDO WASH TO TANGERINE ..- m