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HomeMy WebLinkAboutEasements - 12/1/2005, ROW Easement, TOV (Grantor), Electric Easements portions of Lot 73 Shadow Mtn. Estates, O F. ANN RODRIGUEZ, RECORDER DOCKET: 12691 RECORDED BY: BSB of PI, PAGE: 2501 • DEPUTY RECORDER 4410411 414~ 9 n0 NO. OF PAGES: 3 / 0556 PE2 �.,,ti. I � , SEQUENCE: 20052320545 SOROV '� u •.�f111' ''/� 12/01/2005 TOWN OF ORO VALLEY � EASMNT 16:32 11000 N LA CANADA 4PIZ0lA4` ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 8.00 RIGHT OF WAY EASEMENT TOWN OF ORO VALLEY,an Arizona municipal corporate � 28'85PM 3:47 TOV (hereinafter referred to as"Grantor"),hereby grants to Tucson Electric Power Company,an Arizona corporation,its successors and assigns(hereinafter referred to as"Grantee"),an easement and right of way to construct,use,maintain,operate,alter,add to,repair, replace,reconstruct,inspect and remove at any time and from time to time electric lines and appurtenant facilities for the transmission and distribution of electricity,consisting of wires,underground conduits,cables,vaults,manholes,handholes,and including above- ground enclosures,markers,concrete pads,risers,poles,anchors,guy wires and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for communication facilities of other entities,in,over,under,across and along that certain real property described as follows: SEE EXHIBIT"A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor agrees for itself,its successors and assigns,not to erect,place or maintain,nor to permit the erection,placement or maintenance of any building,landscaping,earth fill,walls or fences upon the above herein described easement,which would impair the repair,maintenance or removal of any or all of the facilities. All systems,including electrical and communication installed by Grantee in and upon the above described easement and right of way shall remain the personal property of the Grantee and shall not be deemed a part of the realty. Grantee and its contractors,agents and employees shall have the right to trim or top such trees and to cut such roots and remove such obstacles that could endanger or interfere with said systems and shall have free access to said systems and every part thereof at all times,for the purpose of exercising the rights herein granted. Grantee shall have the right during construction of the initial facilities,to use for the purposes incidental to said construction, a strip of land 10 feet in width adjacent and contiguous to the herein granted easement and right of way,said strip to be in whole or in part on each side of said easement and right of way,said right to use said strip of land ceasing and being terminated at such time as said initial construction is completed. Grantor shall not increase or decrease the ground surface elevation within the boundary of the above described easement and right of way after approved final grade is established and meets Grantee's construction standards. Subsequent to the construction,the ground surface shall not be penetrated to a depth in excess of 12 inches by any tool or implement,without having the underground facilities located and taking all necessary precautions to protect them. If subsequent to construction,Grantor changes the grade in such a way as to require relocation of the facilities,the cost shall be borne by Grantor or subsequent owners. Grantor hereby agrees that these covenants are made for the above described real property which is the subject of this easement and right of way. Grantor hereby warrants and represents, and acknowledges Grantee's reliance upon said warranty and representation,that Grantor has good and sufficient title to the real property in order to grant said easement and right of way,subject tot all matters apparent or of record. In consideration of the mutual terms,covenants and conditions herein contained,this easement shall be binding upon an inure to benefit of any heirs, executors,administrators,permittees,licensees,agents,or assigns of Grantor and any successors an assigns of Grantee. ��� � ' �' In witness hereof,the Grantor has executed these presents this / day of 14 ' 2005. , TOWN OF ORO VALLEY,an Arizona municipal corporationBY: -S:-6-f/2-- 1 PAeA#f4J STATE OF ARIZONA ) ss. COUNTY OF PIMA ) before me,the undersigned notaryblic b . A :This instrument was acknowledged gn up � Y g&,7/diri., Lel this C,`� day of ,2005,as for TOWN OF ORO VALLEY,an rizona municipal corporation. My Commission Expires: Notary Public 2005-1-155 • W.R.#142654 ►�'+;.�, +'Unda 353 W.Meadowbrook � D.Marsha Publi -Arizona ti Pima County M Corrxnission I • H 7 (� , Ex1atBIT ELECTRIC EASEMENTS Those portions of Lot 73, Shadow Mountain Estates, recorded in the Office of the County Recorder of Pima County, Arizona, in Book 13 of Maps and Plats at Page 75, described as follows: A 10-foot-wide easement for underground electric purposes more particularly described as follows: COMMENCING at the Southernmost corner of said Lot 73; Thence North 32 degrees 58 minutes 48 seconds West along the Westerly line of said Lot 73, 30.59 feet to a point on the Northerly line of that 60-foot-wide drainage and utility easement shown on said plat of Shadow Mountain Estates; Thence North 68 degrees 17 minutes 40 seconds East along said Northerly line, 2.02 feet to the POINT OF BEGINNING; 1 Thence North 26 degrees 05 minutes 03 seconds East, 94.07 feet; 6 9 Thence South 63 degrees 54 minutes 57 seconds East, 10.00 feet to POINT "A"; 0 ep ��'�'111 Thenet Ssutth 26 deg::_es 05 r;anutes 03 sccon..is Vast., 83.05 .eet to a 0 point on said Northerly line; :2 Thence South 68 degrees 17 minutes 40 seconds West along said Northerly line, 14.88 feet to the POINT OF BEGINNING. TOGETHER WITH a 1S-foot-square easement for electric transformer purposes more particularly described as follows: BEGINNING at said POINT "A"; Thence North 78 degrees 44 minutes 42 seconds East, 4.64 feet; Thence North 11 degrees 15 minutes 18 seconds West, 15.00 feet; Thence South 78 degrees 44 minutes 42 seconds West, 15.00 feet; Thence South 11 degrees 15 minutes 18 seconds East, 15.00 feet; Thence North 78 degrees 44 minutes 42 seconds East, 10.36 feet to the POINT OF BEGINNING 'e.-...7, ,` �-. .449,'‘ I.i...7..; :::- .:;:',-, ii?!,::\i, ,7;::-,,, -;',,,,\,..; i ::,f,-.°,-.- :;....'. /i t• r.:r t�- ®p 0frvol:i� 00 ---. kDA. _ O /1/ ..._ / O E 4�v _______ / J _____. ______� o \ (NO SCALE) \ •\ \ LOT \ 73 LOT 74 \ \ \ \ \ 1m�r }: 1 . \ \ \ \LOT 72 \ 15'—SQUARE \ • TRANSFORMER \ EASEMENT \ r\, ..........1 \11 � 1,`` �'lf"LA ice'®POINT "A" P 4,4,"F i afi- '✓.p\ / - 4ic:\L \ /4- ,' /0)/ \ (k, 31029 \53) \ //Z; STEVEN S. � '' 0 OWEN% tt,' \ /�; /4,Q, / -__ ] 'yip/ gne• S.Pte / 60'-WIDE DRAINAGE SNA \ //#/// / .....-- AND UTILITY EASEMENT / S—AND PLATS POINT OF /t•' ',/,--' 0N - / BOOK 13, MT 7- / N / / • N / (6- /—__ N / / OINTOF / / � ` / COMMENCING / N / / \ / / / / / APR 1 1, 2005 EXHIBIT SKETCH FOR NEW ELECTRIC EASEMENTS Cardinal 425 S. Plumer, #102 LOT 73, SHADOW MOUNTAIN ESTATES, M & P BK 13, PG 75 �t Tucson, Arizona 85719 SEC. 24, T.12 S., R.13 E., G.& S.R.M., PIMA COUNTY, ARIZONA `.* LandSurveying Tel. 520 798-3% FAX �520� 798-3832