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HomeMy WebLinkAboutEasements - 9/1/2004, Resolution 04-83, Acquisition agreement between TOV and Rivers Edge HOA to acquire ROW, Dr I 1 • F. ANN RODRIGUEZ, RECORDER DOCKET: 12378 RECORDED BY: D K oF 141PAGE: 92 DEPUTY RECORDER .44)?/ - 44, �' NO. OF PAGES: 22 7864 PE1 J /�,', �` z SEQUENCE: 20041700050 SOROV ,. �t 09/01/2004 � � TOWN OF ORO VALLEYt, RES 12:38 11000 N LA CANADA /IZO� ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 16.50 RESOLUTION NO. (R) 04-83 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY APPROVING AN ACQUISITION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND RIVERS EDGE HOMEOWNER ASSOCIATION, TO ACQUIRE THE PROPERTY RIGHT OF WAY, DRAINAGE, SLOPE AND TRAIL EASEMENTS LOCATED WITHIN PIMA COUNTY TAX PARCEL NO. 224-28-1040 FOR THE PUSCH VIEW LANE EXTENSION PROJECT NO. OV 30 99/00 20. 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 right of way B, drainage easements C, D, & E; slope easement F and trail easement located on property known as Pima County Tax Parcel No. 224-28-1040 for the Pusch View Lane Extension Project No. OV 30 99/00 20, which description is attached hereto as Exhibit A, B, C, D, E, and F; 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 document entitled "Real Property Acquisition Agreement" (attached hereto as Exhibit G) is hereby approved by the Council for acquisition of the drainage, slope and trail easement property known as Pima County Tax Parcel No. ;p; 224-28-1040. theTown ofOro Valleyare hereby 2. That the Mayor and other administrative staff of l� ro authorized and directed to work toward finalizing such an agreement as soon as practical.. ' 1 A • PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 18tliay of August , 2004. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: (t, j. Kath n E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark . L4 'tz, :01f;- ney i Its Inlet... st. 1y' It i nir tt� mint U:\Resolution\Resolution Rivers Edge HOA Easement Acquisition.doc 2 Town of Oro Valley Attorney's OfficeIca/080204 A ! T. EXHIBIT A TOWN OF ORO VALLEY REAL PROPERTY ACQUISITION AGREEMENT This Real Property Acquisition Agreement"Agreement" is made by and between Rivers Edge Homeowners Association, (the "Owner"), and The Town of Oro Valley, a political subdivision of the State of Arizona, (the "Town"). 1. Property. The Owner is the owner of a parcel of property within the County of Pima, a portion of tax parcel 224-28-1040 (the"Owner's Property"), as described in Exhibit A, including all improvements located thereon. 2. Fee Title. The Town has determined the need to acquire fee title to Owner's Property. In lieu of court proceedings and further to its power of eminent domain,the Town agrees to acquire fee title to the Property for Three Thousand Three Hundred Sixty Dollars ($3,360.00). The Warranty Deed transferring title from Owner to the Town shall be provided at close of escrow. 3. Warranty Deed. The Owner shall convey to the Town title to the Property, free and clear of all liens and encumbrances and subject only to those matters identified within a title report, to be provided at close of escrow. 4. Forms. Any and all other closing documents shall be done on forms to be provided by the Town's title company of choice. 5. Title Search. In the event the title to the Property cannot be cleared to the satisfaction of the Town pursuant to a title search, this agreement shall be void. 6. Security Interest. Monies payable under this Agreement may be due holders (the "Lienholders") of certain notes secured by mortgages or deeds of trusts,up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall, upon demand by the Lienholders,be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer for the Property. 7. Closing. Closing shall be on or before the 30th day after the date of execution of this agreement. Nua 1'alE qa_ N9:• El; w;: �� Page 1 j ! , ► 1 ' { 1 EXHIBIT A • 8. Environmental Representations. Owner hereby represents and warrants that,to the best of Owner's knowledge, no pollutants, contaminants,toxic or hazardous substances, wastes or materials have been stored, used or are located on the Property or within any surface or subsurface waters thereof; that no underground tanks have been located on the Property; that the Property is in compliance with all Federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property. 9. Environmental Indemnification. The Town and the Owner agree that neither party is assuming any obligation of the other party relating to any potential liability, if any, arising from the environmental condition of the Property, each party remaining responsible for its obligations as set forth by law. 10. Environmental Inspection Rights. Owner shall permit Town to conduct such inspections of the Property as the Town deems necessary to determine the environmental condition of the Property. If the investigations reveal the presence of contamination or the need to conduct environmental clean up, Owner shall conduct a clean up of the Property adequate to bring the Property into compliance prior to closing or Town may terminate this agreement. If environmental inspection reflects possible contamination, the parties hereby mutually agree to extend date of closing for a reasonable time for Owner to complete such environmental clean up. 11. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the Property. 12. Closing Costs. Expenses incidental to transfer of title, including title reports,recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid 100%by Town. 13. Right of Entry. The Owner hereby grants to Town, its agents and contractors,right of entry to the Property upon execution of this Agreement for purposes of extending La Canada Drive from Tangerine Road to Moore Road. 14. No Sale. Owner shall not sell or encumber the Property before closing. 15. Conflict of Interest. This Agreement is subject to A.R.S. 38-511 which provides for cancellation of contracts by The Town of Oro Valley for certain conflicts of interest. lilt�' a' 16. Survival of Representation and Warranties. All representations and warranties contained herein shall survive the closing. Iq•. ti qli+� III;' jell: SIN i.. 1111 C�' Page 2 • EXHIBIT A • 17. Entire Agreement. This signed document shall constitute the entire Agreement between the parties and no modification or amendment to this Agreement shall be binding unless in writing and signed by both parties. The performance of this Agreement constitutes the entire consideration by Town, including all just compensation and severance damages to the remainder property and shall relieve the Town of all further obligation or claims relating to Property. TOWN OF ORO ALLEY BY: _ /1/&::.e_44 Mayor Rivers Edge Homeowners Association By DATE: 4's://1 / DATE: / 7/0r ATTEST: BY: • Cu.c.44,1-4t Town Clerk Oro Valley, Arizona 85737 REVIEW AS TO FORM: BY: Town A orn DATE: "7<rifi STATE OF ARIZONA) )ss: COUNTY OF PIMA ) On thi ' 3ay of �4 ., 2004, before me the subscribed personally appeared kr.SLCO- pto me known and known byme to be theperson who executed the within Agreement and (s)he duly acknowledged to me that (s)he executed t e sametor bib 11:!:( Notary ',a , MyCommission Expires: .DV. r. OFFICIAL SE4k3 LISA K. O' Notary Public.State of Arizona ~,��;;,�• PIMA COUNTY My Comm.Expires Nov.10,2007 ACQUISITION B EXHIBIT A LEGAL DESCRIPTION(RIGHT OF WAY) PUSCH.VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A'Book 47 Page 41 of Maps and Range 13 East,Gila and Plats,recorded in Pima County,in the East half of Section 12,Township12 South, . Salt River Meridian,Pima County,Arizona,described as follows: BEGINNING at a brass capped survey monument marking a point 75.00 feet northerlyof that tangency of a 1313.15 foot curve whose radius is 1762.95 feet, point of said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County,said brass capped survey monument lyingSouth 69°-59'-13" feet(South 70°-31'-15"West 1290.59 feet West 1290.63 record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument,being ng also the beginning of a non-tangent curve concave northwesterly,whose radiuspoint lies North ° " 1837.95 feet distant,on the southerlyRight of 47 -34 -02 West 508; g Way of Lambert Lane described in said Docket 9332 Page THENCE westerly along said southerly Right of Way and curve an arc length of central angle of 05°-27%50",to the TRUE POINTg 175.27 feet through a OF BEGINNING; THENCE continuing westerly along said southerly Right of Way and curve an arc length -12'-42"to the southwestg of 552.12 feet through a central angle of 17° corner of said Lot 120; THENCE North 89°-24'-06"East 605.95 feet along the south line of said Lot 120 to northerlythe ' point on a non-tangent Right of Way of Pusch View Lane,being also a g nt curve concave southwesterly whose radius point lies South 27°-38'-37"West 1030.00 feet distant; THENCE westerly along said northerly Right of Way and curve an arc length of 111.60 feet through a central angle of 06°-12'-29"to the beginning of a curve concave easterly, whose radiusoint lies North 21°-26%07"East 150.00 feet distant; P THENCE northerly along said curve an arc length of 304.90 feet through a central angle of 116°-27'-41" the southerly Right of Way of said Lambert Lane and the TRUE POINT OF BEGINNING,g to containing 58,566 square feet. C LAND E,94,�arFG9 6 8745 :1:., KNl .;.WAGENEN "'i,u:gneci , �:i &.,' - '* ti e'i. IV ' ,N4; E\02041001rowVegaldesc\row1224281040r.doc ?!/l x 4 N UNE DATA UNE BEARING LENGTH EXISTING RAY L3T N 89'24'U6'E 605.95' CURVE DATA CURVE RADIUS , DELTA LENGTH TANGENT LAMBERT LANE CI5 183795 1712'42' 552.12' 278J6' CONSTRUCTION CIL i; --' -.- 016 1030.00' 6'12'29' 111.60' 55B5' ,' CIT I50.0a !l6'27'4r 304.90' 242.22' �' � - ,, ,. ,'' 21,\,\# / v / %/ ,, ,R,L ac „/,' Ov , \ ' --- ,// / ♦ , . ♦' ♦ ♦ , ♦ RIGHT OF WAY .////// � �� / .� (58.566 SFJ �. ,� ' ' ♦ / i / 1• • .'/' '/ ♦j 1 LAMBERT LAVE -/ / v t RAY CIL . t \'$' " ' 1i j;i '220EXISINGR/W� / �'1 T.P.OB. 1 ,,.,...", , / it, CIT ---'Jr-- / i tifr .--— ' 4'''' iki ——— / IIIP-%\ i - 77k*••.,t--..:' / C!6 t-4,:„-4*------ - ,) % PROPOSED RAY ..--- __._,,___ -:---- ..._.. „,4 ori,az.,..., , ---- . .,.._- - .....z.,.....,,woopio„,„......---i ll, 4.1. 4Ci'i PUSCK VIEW LANE i_.., CONSTRKTInN C/L L37 WP*11 '• /0, 45°KAT 4(94- --.. c. co _sii,”‘ 6'4b €.0 ...______ _ z. - �, 28.45 0 Lt KRIS I, NN <<' F� k (ANWAGE ), NEN >itE PROPOSED RAI' 4 gi! EXHIBIT B ti�fP?'3-� n4 224-28-1040 -9,5' sg'e ,iet �' (FIRST AMERICAN TITLE .........-- Use ` or olterotian of the information in this instrument for other than the c specific purpose for which it wos intended and for other than the client INS CO TR 5589) for whom it was un; prepared is forbidden unless expressly permitted in writing 1 I:,��: A in advance by R S ENGINEERING INCORPORATED.and R S ENGINEERING BOOK 47 PAGE 41 DATE: 6 03 INCORPORATED shalihove no tde ty to any use of this information without SCALE: 1" '200' ; 6 their written consent. C R S ENGINEERING RIGHT OF- WAY ACQUISITION SHEET: 1 OF 1 'I aa; N z I4 i" N TOWN OF 0 '6' 0 VALLEY 3 N G I N E ER I N DEPARTMENT OF PUBLIC WORKS 7),,§, §' CONSULTING ENGINEERS "Q ?.n r�rr ncsor+eauEr im.Tucson. +sia►»�-»33 ��x:15201»�-,.os LANE ,.o0 OpcMcc�iN oz E X T ENS 10 N DRAINAGE[WAY] EASEMENT C For and in consideration of the sum of Two Hundred Thirty dollars ($230 . 00) , Rivers Edge Homeowners Association ("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 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. IN WITNESS WHEREOF, Grantor has executed this easement this / 7 dayof 2004 . By: Title: ple(;,/A-rtt /41/64.,a/S.I.:cte41.0 ,9 STATE OF ARIZONA ss COUNTY OF PIMA This instrument, as subscribed, sworn. to, n acknowledged before N-14'day me this of .�� , 2004, by Lu' il& i a/cut- the / Notary Pu lic ' ,Prsj; tnwa: My Commission Expires: A „.. OFFICIAL SEAL LISA K. O'NEILL 0 Notary Public-State of Arizona PIMA COUNTY My Comm.Expires Nov.10,2007 un D:\hetuy\georgeeOro Valky\PUSCH LANE Rivers Edgc.doc 1 r EASEMENT C EXHIBIT A LEGAL DESCRIPTION(DRAINAGE EASEMENT) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A'Book 47 Page 41,Maps and Plats,recorded in Pima County,in the East half of Section 12,Township 12 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona,described as follows: BEGINNING at the southwest corner of said Lot 120,being also the beginning of a non-tangent curve concave northwesterly,whose radius point lies North 24°-53'-30"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane; THENCE easterly along said southerly Right of Way and curve an arc length of 727.39 feet through a central angle of 22°-40'-32"to a brass capped survey monument marking a point of tangency from which a brass capped survey monument marking a point of curvature on the said southerly Right of Way bears North 42°-25'-28"East 217.07 feet(North 42°-57'-35"East 216.95 feet record,Book 47 Page 41); THENCE North 42°-25'-28"East 52.41 feet along the said southerly Right of Way to the TRUE POINT OF BEGINNING; THENCE continuing North 42°-25'-28"East 78.91 feet along the said southerly Right of Way; THENCE South 00°-13'-45"West 85.00 feet; THENCE South 07°-36'-01"East 51.68 feet; THENCE South 10°-12'-05"East 41.56 feet; THENCE South 14°-37'-34"East 115.42 feet to the westerly prolongation of the southerly lot line of Lot 112 of said Rivers Edge Lots 103-120 and Common Area `A'; THENCE South 71°-28'-43"West 74.94 feet along the said prolongation of the southerly lot line of Lot 112; THENCE North 01°-59'-50"East 58.99 feet; THENCE North 12°-03'-12"West 67.74 feet; THENCE North 07°-36'-00"West 99.87 feet; THENCE North 00°-13'-40"East 30.17 feet to the southerly Right of Way of Lambert Lane and the TRUE POINT OF BEGINNING,containing 15,483 square feet. INrlt ,,,,oLANDIcAref% cr 2$745 KRIS 1' VA NWA GENEN "f 1,9,_ 5! .. • , -� - P*1:73 E:102041W1rowVegaldes6drainage\22428 10402.doc f 4 • N UNE DATA UNE BEARING LENGTH L61 N 4Z 25'28'E 78.91' - l 1.62 S 0'13'45'W 8500' EXISTING R/W ,- .1.63 S r 36 or E 51.68' L64 S 10'12'05'E 4156' UUIBERT LANE --2.,,,,-- 1.65 S 19'3?34'E 115.92' CONSTRUCTION C/L _ i Lb6 S TI'28'43'W 74.94' i - 1.67 N r59'50'E , 58.99' ,� ,, L68 N 12'03'121 W 6714' /-' ' L69 N 07.36'UO'W 99.87' • C. 1.70 N 0'13'40'E 3017' '',',AX/ '/ • ./ 0 ' l‘/ ,' d?). , ' . v is, /1 \ ' -:- TPPOB . ' it, . L70 ' #e �'� /' �w , L62 \. --; i / � / 1 , / 1.63 / / z/ 1.69 / / / ' A' vi L64 / v LAMBERT LANE �� R/W C/L /' 1.6817 ' L651111, . ' / v .' / / , / 22;2_8:71-1.: .1/:___41.66 �' ,, ,. ,; • STIMG R/Wi ,.• , I -, = DRAINAGE EASEMENT -......... �) i !15.983 SF) ` PROPOSED R/W = __ / ,ter ---_,._ y gligai���--y' f' PUSsT VIEW LANE G�NSTRUCTION C/ A L LAND W4 _____` --____ _- 11' �ti "t•e‘fICA re• '4V-• ,ggi, ifb (!)- 28745 • — va N, ' ( KRIS \' ' �!y VANWAGENEN ' PROPOSED RAY :�;: 2'3- 4 / Mai: EXHIBIT BNr% `I 224-28-1040 19 -S• N � �qa. \ fu at (FIRST AMERICAN TITLE P ''.."''.:1'Use or alteration of the nformotion in this instrument for other than the is f' E specific purpose for which it was intended and for other than the client INS CO TR 5 5 8 9) '� v for whom it was prepared is forbidden unless expressly �] r,�i rX y permitted in writing BOOK 4 / PAGE 41 DATE: 06/03 o in advance by R S ENGINEERING INCORPORATED.and R S ENGINEERING �� 4II, v INCORPORATED shot!hove no Cabiity to any use of this information without SCALE: =200 4�: 6 their written consent. R S ENGII�EERNG DRAINAGE EASEMENT ACQUISITION SHEET: 1 OF 1El iri N • + N ! 'OWN OF * INEERING DEPARTMENT OF PUBLIC WORKS O0CONSULTING ENGINEERS PIISLL2..5 WITH TUCSON OCEVARO.TUCSON.ARIZONA MIS 15201 751-3533 FAX:IS201 72194OS 0 o OwlN •s Ectslw X TENSIO q 1 DRAINAGE[WAY] EASEMENT D For and in consideration of the sum of Ten dollars ($10. 00) , Rivers Edge Homeowners Association ("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 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. IN WITNESS WHEREOF, Grantor has executed this easement this /7 day of , 2004 . By: Title: &4xeLe., 7 STATE OF ARIZONA ss COUNTY OF PIMA This instrument was subscribed, sworn to, andcknowledged before me this ftday of- � -E , 2004, by f=c No ary ubl i jN+(N� 1l9I i niqu MyCommissionExpires: 1/ 1,LAT. OFFICIAL SEAL 4°R` ,' LISA K. O'NEILL Notary Public-State Arizona . PIMA COUNTY : My Comm.Expires Nov.10,2007N D:\henMgoorge\Oro Valley\PUSCH LANBRivers Edgc.doc i 1 EASEMENT D EXHIBIT A LEGAL DESCRIPTION(DRAINAGE EASEMENT) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A'Book 47 Page 41 of Maps and Plats,recorded in Pima County,in the East half of 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 marking a point 75.00 feet northerly of that point of tangency of a 1313.15 foot curve whose radius is 1762.95 feet,said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County,said brass capped survey monument lying South 69°-59'-13"West 1290.63 feet(South 700-31'-15"West 1290.59 feet record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument,being also the beginning of a non-tangent curve concave northwesterly,whose radius point lies North 47°-34'-02"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane described in said Docket 9332 Page 508; THENCE westerly along said southerly Right of Way and curve an arc length of 29.25 feet through a central angle of 00°-54'-43",to the TRUE POINT OF BEGINNING; THENCE continuing westerly along said southerly Right of Way and curve an arc length of 35.00 feet through a central angle of 01°-05'-28"; THENCE South 46°-39'-24"East 20.32 feet; THENCE North 43°-20'-40"East 35.00 feet; THENCE North 46°-39'-22"West 19.99 feet to the southerly Right of Way of said Lambert Lane and the TRUE POINT OF BEGINNING,containing 704 square feet. ,006 LAND stin, 0 5 . 4f) 0 28745 VANWAGENEN ‘ ,4„ z-3724-- ,45Signed ILA " S T,fi" E:\0204\l.i ArowVegaldesc\drainage\224281040.doc I", I a • N UNE DATA -4 }' UNE BEARING LENGTH L42 S 46'39'24'E 2032' EXISTING RAs/ L43 N 43'20'40'E 35na > -- L44 N 4639'22'W 1939' CURVE DATA LAUBERT LANE CURVE RADIUS DELTA LENGTH TANGENT CONSTRUCTION C/L •' C18 .1837.95', 105'28' 3500' 17.50' ' ' I '%7, .'',/_'1,4/ /' , K // AO \ , DRAINAGE EASEMENT TPA . '' // .` 1704 SFJ o8 / 11101# ` _� ;% ,' #/ z ,I , , V � .4, , /4 ,' r L44 a A1 LAMBERT LAN �'' /. / / / i l RAY C/L E I" /� / t t 1 l / , I \ / �/ "L42 \ : 1; /� i 224-28-101g....--LA--- ,- -- , 4 -::), ---t _ 7.81,—N \ �� 1 g - `f -,,. PROPOSED RAY - ` 1 - , ...---' • " '‘.............., iiilito,.. ..- . 1 /"� '�alrip-,.. PUSCH VIEW LANE . CONSTRUCTION C/L LAND Sih, r. • •,1* ' .0, ...- . C/ ;(9 -°C4/1..lt T4'11. (;\‘ -r`r` `"-rr ��' (.� / 28745 • \op``'—r`' 7,--'. ••' , N / (' VANENj l KRIS v° 1, ,,,,,,: PROPOSED R/W _o3-p ' ,�,,. EXHIBIT B \\442 s; .. aN,224-28-1040Q' ;�: Oft a v '1fi�E: (FIRST AMERICAN TITLE 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 dent INS C 0 TR 5589)5 8 9) ;;;.# 17 s cd for whom it was prepared is forbidden unless expressly permitted in writing DATE: 06/03 "'E o in advance by R S ENGINEERING INCORPORATED.and R S ENGINEERNG BOOK 4 7 PAGE 41 }�` 1, INCORPORATED shall hove no Lability to any use of this information without SCALE: 1" =200' r their written consent. 0 R S ENGNEERNC DRAINAGE EASEMENT AC Q U I S I T I 0 N SHEET: 1 OF 1 0 as N ; OWN OF O ' O VALLEY 3 R S ENGINEERING DEPARTMENT OF PUBLIC WORKS L CONSULTING ENGINEERS 2.� Ev.No. .ouzo. .ST,< 020,�,�u3 ria:13201»,. P U S C H VIEW LANE c No Oa ENGINEEMNC 0o EXTENSION �^!2I\3NH'I HD fld\AIIBA 0,01$ 1 q:Q :ygg "'uiSa'SL Xrt::��:ru�rLIZ.'it.�fa�:L"s;sCs."�m"-e1"'.•.:iYYiT:�liii"s` • L '0 'AoN sej!dx3'ww00 „iw A1.Nf OO YWid I i euozuy 10 84els-Nclnd ketoN � 1113N.0 'N vsn -mss 1MMONA° {°� .. . APT r : s a T dx u o T S S TUIUIO 3 AN l Vie„:s J MP . T gn d AJP4ON Th-77-) --- . n cq 't'00Z ' APP.4545) sT1-14 auI aao;ag pabpaTMou oe pup 'oq. u.zoMs 'pagTaosgns seM Uauznagsuz szus ( KNId ao AJNnoo SS ( VNOZ IAFI 3O 3ZVZS ti ?Bp?8p ' . - 7lI'?7i �[J ✓ a-14-FL AEI ' f7OOZ1---7wr16- ;Di-w ,/ szuq. quaulasSa szuq. paqnoaxa sou .zoqu2.z0 '30a3SHM SSENZIM NI '1oqup.z0 pue aaqupa9 aqq. oq qSaaaquT uT saossaoons aqq. uodn buzpuzg aq pue go qz;auag auq off. a.znuz TTeus quauiassa szuq. Jo SuozTTpuoo pup S U2UOAOO 'sque.zb TTV 'aaque.z0 auq Jo TSno.zdde uaqgzxM .zoTad aqq. gnoq TM pa.zarTe ao p°TTT; 'paTeneoxa aq qou TTeus Aq.zadoad aqq. ;o sanoquoo Texngeu alp qeq . pup 1gradoad auq uodn paoeTd aq saatq .to saoua; 'saingonags 'sbuzpTznq ou geuq. saa.zbp aoquea0 'uoaaaup paqpooT squawanoadwT sq-c pup quauzasea auq buTuTequTeul ;o asodand aua. to; /giado.zd auk uodn aaqua o . pup Agaado.zd auq. uTgq-cm squawano.zdwT uTequTLUI pup gcna gsuoo oq qubz.z auq. anew TTpus aaquea0 au (,Agaadoad, aqq) „v„ ;zgTuxE pauopqqe auk uo pagTaosap Aqtadoad auk' SsoiOP pua .zapun 'rano squawano.zdwT abeuTeap 'off. pa4zulzT 4011 qng buzpnTouT 'ARM abeuTpap P ;o aoueuaquTpul pue uoTgDn.z1suoO auq. io; quawasea UP ' („aaque.z0,) puozz.zj ;o agegs aqq. ;o uoTqa.zodaoo TedTozunw P 'AaTTPA O.zO JO uMo J auq. Oq /anuo0 Agaaau scop (,,.zoque.Z9„) uOT q TOOS S j srauMoawoH abp3 s.zan-P1 1 (00 '0T$) sIPTTop uas ;o urns auq. ;o uozne.zapzsuo3 uT pue ro3 IIIRPEIS [Mai]Herd/k r is 1 1 1 1 i i e EASEMENT E EXHIBIT A LEGAL DESCRIPTION(DRAINAGE EASEMENT) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A'Book 47 Page 41 of Maps and Plats,recorded in Pima County,in the East half of 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 marking a point 75.00 feet northerly of that point of tangency of a 1313.15 foot curve whose radius is 1762.95 feet,said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County,said brass capped survey monument lying South 69°-59'-13"West 1290.63 feet(South 70°-31'-15"West 1290.59 feet record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument,being also the beginning of a non-tangent curve concave northwesterly,whose radius point lies North 47°-34'-02"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane described in said Docket 9332 Page 508; THENCE southwesterly along said southerly Right of Way and curve an arc length of 148.92 feet through a central angle of 04°-38'-32",to the TRUE POINT OF BEGINNING; THENCE continuing southwesterly along said southerly Right of Way and curve an arc length of 26.35 feet through a central angle of 00°-49'-17"to the beginning of a curve concave easterly whose radius point lies South 42°-06'-11"East 150.00 feet distant that joins to the northerly Right of Way of Pusch View Lane; THENCE southwesterly along said curve an arc length of 12.41 feet through a central angle of 04°-44'-20", THENCE South 45°-36'-23"East 15.98 feet; THENCE North 46°-55'-07"East 38.00 feet; THENCE North 42°-55'-29"West 16.00 feet to the southerly Right of Way of said Lambert Lane and the TRUE POINT OF BEGINNING,containing 619 square feet. -� LAND 6 rcr''°.277447.1'\Ili°. o KRIS v3 °M,: IlNp: i VAN WAGENE '"N'`i *el--05-1)4' 6 <' nAii f7.41 Li c�. 1/„...:._ •, s ,:I"i E:\0204\0. rowUegaldesc\drainage12242810401.doc •i 1,L. • 1 ' I 1 • .,* 4 — • . N LINE DATA ..i( )-- #' UNE BEAMING LENGTH L45 S 45'36'23'E ` 15.98' • L46 N 46'55'07'E 3800' L47 N 42'55'29'W 16W -::1 • EXISTING RAV r CURVE DATA ''' � CURVE RADIUS DELTA LENGTH TANGENT LAMBERT LANE i C19 183795' 0'49'IT' 2635' 1318' CONSTRUCTION C/L i' Cao 150W 4'44'20' 12.4)' 6.21' ' '/ .7 4-' 1/ .', .",'0-\/ 7 . II / V // '/ / A - / v 22 -'s I' / 0 , // / / / / / / / / / / "T>// / / � rr Ili // / / f / r TP.O.B. / / �'- / 1 CI9 ---Ili /�//. / ` ` ,# 711\ ,c) 1 1 LAMBERT LANE ' , � Lor ' 1 RAY C/L / / / r *. 224-28-10401 1044 ,.-' i ii I 1 �.i , ` ; / / c_i_1-4,5_::::,_)(,: rAGEEASEMENT• STING R/W '_AIL /, I r r r- %-,\ 1 (619 SF) '� f / ‘ 1 / % PROPOSED RAY ---,.-------------=--- -—:7-e——---------J - .., % - aldliglili 'Ia /rr. ..�� ,` 1 :fir ---''..18111101111411111P-��rWIPOPPUSCH VIEW LANE ��-�-- .._ 10 CONSTRUCTION C/L ii-11 ........ -..• .100.47 ., ,40& .**-°t4V--4°644) _________IR `~~+_____._. . r'I ``♦ ,t,; ` 0./”o1/428745 ' 0 �D PROPOSED RAYI KRIS ": VANWAGrNEN '° EXHIBIT B7--3-0•- p'FR � �F ,I' 224-28-1040i es:ned .;uµ RST AMERICAN TITLE _ : Use or alteration of the information in this instrument for other than the El' specific purpose for which it was intended and for other than the client INS CO TR 5589) ' ~" ✓ v for whom it was prepared is forbidden unless expressly permitted in writing DATE: 06/03 "� 4 in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING BOOK 47 PAGE 41 , v INCORPORATED shall have no tiabaty to any use of this information without SCALE: 1" =200'their written consent. © R S ENGNEERNG DRAINAGE EASEMENT ACQUISITIQN SHEET: 1 of 1 iS !' N N TOWN OF O `; ® VALLEY 3R S NGI N EER! NG ° DEPARTMENT OF PUBLIC WORKS 7;i CONSULTING ENGINEERS PUSCH VIEW LANE N v 21K ems,,MOM wiss tvAulp.Torso,.ARUM, 15201 771-3537 UT:ISM 791-9405 O N O1S Lr61rtCERitw 0 O ... oi EXTEN $IflN SLOPE EASEMENT F For and in consideration of the sum of Forty dollars ($40 . 00) , Rivers Edge Homeowners Association ("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. IN WITNESS WHEREOF, Grantor has executed this easement this /1 -7 day of , 2004 . B y: / /fr Titl- El4,24.a../ e9PrAL //e2 STATE OF ARIZONA ) ss COUNTY OF PIMA This instrument was s •scribed, sworn to, and acknowledged before me this t4-11/ day of t,rt.. r r.. 2004, b y ftintGL s C�----� tar y Pu ic My Commission Expires: ak/. , �- OFFICIAL SEAL _•.�''• LISA K. O'NEILL Notary Public-State of Arizona PIMA COUNTY �� �� ,,�- `res Nov.ia,X007 My Comm.Expires D:\hattylgeorge\Oro Valley\PUSCH LANE\Rivers Edge.doc ,c , EASEMENT F • EXHIBIT A LEGAL DESCRIPTION(SLOPE EASEMENT) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A'Book 47 Page 41 of Maps and • Plats,recorded in Pima County,in theEast half of 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 marking a point 75.00 feet northerly of that point of tangency of a 1313.15 foot curve whose radius is 1762.95 feet,said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County,said brass capped survey monument lying South 69°-59'-13"West 1290.63 feet(South 70°-31'-15"West 1290.59 feet record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument,being also the beginning of a non-tangent curve concave northwesterly,whose radius point lies North 47°-34'-02"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane described in said Docket 9332 Page 508; THENCE westerly along said southerly Right of Way and curve an arc length of 727.39 feet through a central angle of 22°-27'-50",to the southwest corner of said Lot 120; THENCE North 89°-24'-06"East 605.95 feet along the south line of said Lot 120 to the northerly Right ht of Way of Pusch View Lane,being also a point on a non-tangent curve concave southwesterly whose radius point lies South 27°-38'-37"West 1030.00 feet distant; THENCE westerly along said northerly Right of Way and curve an arc length of 111.60 feet through a central angle of 06°-12'-29"to the beginning of a curve concave easterly,whose radius point lies North 21°-26'-07"East 150.00 feet distant; THENCE northerly along said curve an arc length of 122.41 feet through a central angle of 45°-45'-21"to the westerly prolongation of the southerly lot line of Lot 112 of said Rivers Edge Lots 103-120 and Common Area `A'; THENCE North 71°-28'-43"East 70.24 feet along the said prolongation of the southerly lot line of Lot 112 to the TRUE POINT OF BEGINNING; THENCE North 18°-31'-17"West 20.00 feet; THENCE North 71°-28'-43"East 135.00 feet; Illl+y 1M4: III': THENCE South 18°-31'-17"East 20.00 feet to the said prolongation of the southerly lot line of Lot 112; II� �n91 Al THENCE South 71°-28'-43"West 135.00 feet along the said prolongation of the southerly lot line of Lot 112 to the TRUE POINT OF BEGINNING,containing 2,700 square feet. Ate LAND V lis AGATE Lg ''cs(XI1� 4",4 28.45 KRIS1,3 VANWAGENEN V. E:\0204\O('row1legaidesclslope1224281040s.doc .-94 `s.' , .. Q• ' w r • • N UNE DATA -4( ).- UNE BEARING LENGTH EXISTING RAV ,- L39 N 7t 28'43'E 135W , . .�'''' L40 S /8.3r Il'E 2000' L41 S 7/'28'43'W 13500' LAMBERT LANE CONSTRUGTK)N C/L .' / , -\' Z /#' /#, ,'### ;,\.‘/ // ,,, ,/, ithil!/°i i iOV'C6 •••i \7' i i i • i i • lee \\ * -. „ ,/ /,/ ,1 i _- ....1” ," /./ 1 1 ---*i �'' i ' ' ' , 1 S LAMBERT LANE / / •. i I RAY C/L / i 1 - / 229284040 ; t' EXISTING R/W, ‘ \ J •I �� .' L39 1 L40 „'', , 1 / I \, - _Jr-.... I .-,-;;.1.- '." i4 / L38 I 7- - 1 ` 1 rt.Q L�SLOPE EASEMENT I (2.700 SF) I I..' ` PROPOSED RAY 1 I I • II v � 1 '-- PUSCN VIEW LANE :- _ail! CONSTRUCTION C/L ,� -______ 4(0 (0A -,-- , _ k., ,ani �� ��F� TF ............ ............ �� ....... ~. -- ��- C/I h/... h.cV 28 45 - -- i, �, KRIS ao \c<' ‹<)fr VANWAGENEI! PROPOSED RAY Q t•. EXHIBIT B 1,2-3-0 t, rf.: 224-28-1040 -79`, s. _, .,. <<°` (FIRST AMERICAN TITLE /2: '-:41.1...9.• '°" Use or alteration of the information in this instrument for other than the I specific purpose for which it was intended and for other than the client INS CO TR 5 5 8 9) '~ Eli o for whom it was prepared is forbidden unless expressly permitted in writing li and R S ENGINEERING BOOK 47 PAGE 41 DAT E= 1: • TRAIL EASEMENT G For and in consideration of the sum of Five Hundred Fifty ($550 . 00) , Rivers Edge Homeowners Association ("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 Train way, including but not limited to, Trail Way 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. IN WITNESS WHEREOF, Grantor has executed this easement this 17 day of 2004 . B ... . BY: � Title: , 7-(2-,02-,1/I A43/ Ze(e'C /1/2) /41 STATE OF ARIZONA ) ss COUNTY OF PIMA ) This instrument was subscribed, sworn to, and acknowledged before me this day o fes- , 2004, b y 1_, _;___ aLL4i:6,1.L4)64,,, I .2 C 7-Th QC No a"/Lr Pub c a; °.NRI` My Commission Expires: RI,/ ..., ... .,....:r..: „.••_,, .,..T.r... OFFICIAL SEAL ��,.: ''i'2 LISA It O'NEILL ti; io-i Notary Public-State of Arizona PIMA COUNTY • 44.mo.- :1 1: My Comm.Expires Nov.10,2007 - C12'11F"-Srw1,"c!?ir 'PwrJizpGSe-.u"R'4:'.. i D:\hcnrylgeorge\Oro Valk. \NE\Rivers Edge.doc EASEMENT G EXHIBIT A LEGAL DESCRIPTION(TRAIL EASEMENT) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A' Book 47 Page 41 of Maps and Plats,recorded in Pima County, in the East half of 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 marking a point 75.00 feet northerly of that point of tangency of a 1313.15 foot curve whose radius is 1762.95 feet,said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County,said brass capped survey monument lying South 69°-59'-13"West 1290.63 feet(South 70°-31%15"West 1290.59 feet record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument,being also the beginning of a non-tangent curve concave northwesterly,whose radius point lies North 47°-34'-02"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane described in said Docket 9332 Page 508; THENCE westerly along said southerly Right of Way and curve an arc Iength of 727.39 feet through a central angle of 22°-40'-32",to the southwest corner of said Lot 120; THENCE North 89°-24'-06"East 605.95 feet along the south line of said Lot 120 to the TRUE POINT OF BEGINNING,being on the northerly Right of Way of Pusch View Lane,being also a point on a non- tangent curve concave southwesterly whose radius point lies South 27°-38'-37"West 1030.00 feet distant; THENCE westerly along said northerly Right of Way and curve an arc length of 111.60 feet through a central angle of 06°-12'-29"to the beginning of a curve concave easterly,whose radius point lies North 210-26%07"East 150.00 feet distant; THENCE northerly along said curve an arc length of 122.41 feet through a central angle of 46°-45'-21"to the westerly prolongation of the southerly lot line of Lot 112 of said Rivers Edge Lots 103-120 and Common Area `A'; THENCE North 71°-28%43"East 240.54 feet along the said prolongation of the southerly lot line of Lot 112; THENCE South 18°-31'-17"East 216.70 feet to the south line of said Lot 120; THENCE South 89°-24'-06"West 111.00 feet along the south line of said Lot 120 to the TRUE POINT OF 4'' t :ni BEGINNING,containing 36,571 square feet. :4, aosp LAND silk, cor4,0 CATE4-71*, (--- 28745 • ‘-fi 'tui KRIS ' El WAGENEN 1,k44VAN ,� 3")4-1 s� • . V.5 i„,...: 41... 6 , E:10204\001row1)egaldescltrailt224281040t.doc • r a N UNE DATA -t UNE BEARING LENGTH LAMBERT LANE L48 N 7r 28'43'E 24054' CYINSTlCT10N CIL L49 S 18'3rIT'E 216.70' ,- 1.50 S 89'24'06'W 111010' -- LAMBERT LANE -' CURVE DATA RIW C/L CURVE RADIUS, DELTA LENGTH TANGENT C21 103000 672'29' 111.60' 5585' C22 1500x?' 46'45'21 122.4r 64,,84' ,.'' "' \.-- -----' ' .' / �. .''' \OV . . 't .. e:R. \ , /, 0 EXISTING RAY ,/' " '• , / \<,. /// A V . / / . ,� , /. ,/ - . / V ./ x 7 // / #4 .-•'-'- ----..::::.; �. / ♦/ '1 / . ,Ili 1pf .' / i ,1 EXISTING ThT</1 ' 1 ----* /� /// 1 1 I. ; --;- : ' / / 11i 1(11 ' ; L48 j, TRAIL EASEMENT , i ‘ ....4111A-' ,/, ' li " f-40- k\_ i 224-281040 S ' . li 'rti 'll' '' '.11;k-- '''' --.,--.....— , ...--- - 'q.t.._ ***•ii _.,,. .- --, -'114/ PROPOSED RAV 7 �C/G r.�- w-'` s� PUSCH VIEW LANE frVANLr CONSTRUCTINC/L................... • ..''-_ ���'� ��� ice' ♦ � O�f �' ! N7;' iip. igned..) 7,--, v.% ,q �� • 43.%-PROPOSED RAY EXHIBIT B w'=,- 224-28-1040 �w:�� Use or alteration of the information in this instrument for other than the (FIRST AMERICAN TITLE Q 1 specific purpose for which it was intended and for other than the cent INS CO TR 558 9 I G. o for whom it was prepared is forbidden unless expressly permitted in writing DATE: 06/03 o 11 advance by R S ENGINEERING INCORPORATED.and R S ENGINEERING BOOK 47 PAG 4 �•�r t INCORPORATED shot hove no 6°13'1 ty to any use of this information without v 1 '• SCALE= 1" 200` ' 4 their written consent. © R S ENGtEERIIIG TRAIL EASEMENT ACQUISITION SHEET: 1 OF 1 0 I" R S ENGINEERING ... as OWN OF 0)R0... �� DEPARTMENT OF PUBLIC WORKS -,,,,.k. o0 CONSULTING ENGINEERS ' PUSCH VIEW LANE N p+ 243 MOiiii TUCSON aOj(va43.TUCSON.Iril2aMa aili 152W 711-3!)J Fain IS20i T!t-l�OS O Oo OAS EMGiKEA1MG EXTENSION o`k. t--- ---5(.1 G.H. GARCIA CONSULTING, INC. Real Estate Appraisers Right of Wray Acquisitions and Relocations 3444 N. Country Club Rd., Suite 100 Tucson,AZ 85716 Telephone: (520) 326-2200 Facsimile: (520) 326-0773 June 24, 2004 Mr Jose Rodriguez PE Oro Valley Public Works 11000 N La Canada Oro Valley AZ 85737 Re: Rivers Edge HOA property on Lambert Lane (Pusch View Extension Project) Dear Jose: Enclosed is the original signed acquisition agreement for the Rivers Edge HOA property, along with the signed easement documents. The agreement only covers the right of way take (known as Acquisition B),at a cost of$3, 60. The easements are covered under separate documents. Drainage Easement C is being acquired for$230, drainage easement D for$10, drainage easement E for$10, Slope Easement F for$40 and trail Easement G for$550. Thus,the total for all parts to be acquired is $4,200. Since the easements have separate documents, each one would need to be approved by the Mayor and Council. Then, they would all have to be recorded. After they are executed, please forward copies to us and to the owner. If you have any questions, please let me know. Thank you. Sincerely, ih' P HENRY J. H;:�'SON SENIOR A QUISITION AGENT HJH: bb ENCL.