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HomeMy WebLinkAboutEasements - 9/12/2002, ROW Easement Underground Only, TOV (Grantor) grants to TEP, electrical easement OVPD F. ANN RODRIGUEZ, RECORDER DOCKET: 11883 RECORDED BY: RBP MtPAGE 1418 • DEPU RECORDE NO. !PAGES: 3 3591 PE 1111 ti �, 1'� SEQUENCE: 20021770399 SOROV • _ 09/12/2002 TOWN OF ORO VALLEY 4► EASWNT 13:18 11000 N LA CANADA ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 8.00 RIGHT OF WAY EASEMENT UNDERGROUND ONLY SEP 2?' 2P 3:22 IOU TOWN OF ORO VALLEY,a political subdivision of the State of Arizona (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 of useful for distributing electrical energy and for the attached 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 agree.;for itself, is successors and assigns,net 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,the grade is changed 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. IR In consideration of the mutual terms, covenants and conditions herein contained, this easement shall be binding upon and 3 inure to benefit of any heirs, executors, administrators,permittees, licensees, agents, or assigns of Grantor and any successors and 3 assigns of Grantee. In witness hereof,the Grantor has executed these presents this 10, " � dayof • L..— 2002, � 4 TOWN OF O'! V. LLEY/ �.. e As, /0 wed /���/ BY: - ' STATE OF ARIZONA ) ss. COUNTY OF PIMA ) hi instrument was ac.o ledged before me,the undersigned notarypublic,by (` 2 g g :A this' c day of.�.�:! � �- ,2002. j� `a ' !` TOWN r�♦OF ORO V�T T E 7 As �' �(� l /�� rI tt�t i�i vv iv v��L,�L My Commission Expires: 3GeV Notary Public �. ti � _yi • SEAL" w Linda D.Hersha '"' ) trutary Pubic-Arizona rti r, Jima County vV Qem-, Exsires 2 2003 ti 02-1-029 W.R..#82181 11000 N.La Canada Oro Valley Police Station EXHIBIT "A" • PAGE 1 . OF 2. June 12, 2002 MMLA #01005-02-75 EXHIBIT "A" LEGAL DESCRIPTION ELECTRIC EASEMENT A portion of the northwest one-quarter of Section 11, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, being a 10.00 foot wide strip of land, 5.00 feet on each side of the following described centerline: COMMENCING at the northwest corner of said Section 11; THENCE upon the west line of said Section 11, S 00°01'41" E a distance of 631.99 feet; THENCE leaving said west line, N 89°58'19" E a distance of 75.00 feet to a point on the east right-of-way of La Canada Drive; THENCE S 89°56'10" E a distance of 161.75 feet; THENCE S 00°01'41" E a distance of 77.46 feet to a point on the north line of a 15.00 foot easement as recorded in Docket 9875 at Page 493; THENCE upon said north line, N 89°58'19" E a distance of 7.50 feet; THENCE upon the east line of said easement, S 00°01'41" E a distance of 7.26 feet to the POINT OF BEGINNING; THENCE S 87°16'10" E a distance of 41.51 feet to a point of curvature of a tangent curve concave southerly; THENCE southeasterly upon the arc of said curve to the right, having a radius 15.00 feet, and a central angle of 34°31'44", for an arc distance of 9.04 feet to a point of tangency; THENCE S 52°44'26" E a di3tance of 139.26 feet to a point on the west line of a 15.00 foot easement recorded in Docket 8910 at Page 1253 and the POINT OF TERMINUS. The sidelines of the herein described centerline are to be lengthened or shortened so as to meet at the angle points formed and end at the above mentioned adjoining easements. , s a See attached exhibit"B" q. PrePrepared B .3 p y: MMLA, Inc. '�=� y 't �. \A /,* t" 27739 � iz . T Ernest Gomez R.L.S. 27739 1. 9 E:\01005\0211egal\legalrev.rtf - 1 - EXHIBIT "A" Naranjo Dr. PAGE 2. OF 2. . - / 4 ¶ j P.O.C. LINE BEi......G DISTANCE 2" BCSM STAMPED "RLS 15338" L1 S 00'01'41" E 631.99' r NW COR. SEC. 11 L2 N 89'58'19" E 75.00' — ° -- L3 S 89'56'10" E 161.75' L2 -V L3 1 o L4 S 00'01'41" E 77.46 O ` L5 N 89'58'19" E 7.50' o r IL6 S 00'01'41" E _ Z26' \ 11:1" ( L7 S 87'1610 E 41.51' \\....j...... 5 L8 S 52'44'26" E 139.26' 1 L6 _ LZ _ ti P.O.B. 1 I I • TOWN OF ORO ( ,H) ‘ 1 I ♦ , VALLEY POLICE • STATION • .; I II •,,c-- I I •• • • • DKT.9875, PG.493 T EXISTING ELEC. ESM'T y P.Q.T. / / 4K i / i i / / I / / / / k4 i; s / / / .t- / / /\ \ ..% — / 1.........,\ y 1.-- -I. ____ d UKT.8910,.8910, PG.1253 J I / 411'/ /44> / \ EXISTING ELEC.ESM'T '\ / \ ITT(11-1 I / ; ''\ ///, CURVE RADIUS ARC LENGTH DELTA ANGLE1 Cl 15.00' 9.04' 34'31'44" >>\. nR A1 EXHIBIT B s r:r rxxexvtix�t. �"" v�sxuis`dWsivati+i err• A portion of the NW1/4 Section 11 •.tw;:. = Township 12 South,Range 13 East ' ;'4 SCALE: 1"= 40' Gila and Salt River Meridian AREA= n/a Pima County,Arizona MMIA DRAWN BY: mil Novo Wale lode t Associsles, DATE: June 2002 100 DA.nom I tO TUCSON AL-1157// (112)212-2300 FM(od)2D2-1290 MikeF C—SVLEGA.dwa S:-\01005\02\LEGAL 6/13/02