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Home My WebLink AboutEasements - 9/19/2000, Trail Easement, Mary Louise Schwebel (Grantor), CORDER DOCKET: 11.38 6 F. ANN RODRIG P? � E: 1329 ` a RECORDED BY: 6 DEPUTY RECORDER ta Nv, OF PAGES: SEQUENCE: 20001820521 1212 ROOF K:411111111":1: 09/19/2000 SOROV •�.01� EASMNT 16.0 8 TOWN OF ORO VALLEY 11000 N LA CANADA ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 8.50 TRAIL EASEMENT This Trail Easement(this "Agreement") is entered into as of this day of (rid 5 � , 2000, by and between MARY LOUISE SCHWEBEL, a married woman dealing with her sole and separate property (the "Grantor"), and the TOWN OF ORO VALLEY (the "Grantee"). 1. Grant of Easement. The Grantor hereby grants to the Grantee and their guests and invitees,a non-exclusive easement over the property described on Exhibit "A" attached hereto and incorporated herein,only for the purposes of a trail for the use of horses and their riders,pedestrians and all other non-motorized means of travel to and across such property. 2. Easement Appurtenant. The Easement granted hereby is appurtenant to the real property owned by Grantee and described on Exhibit "B" attached hereto. The Easement rights granted hereunder shall be for the benefit of the Grantee as the dominant tenement, and shall bind ' propertyas the servient tenement,which property is described on Exhibit and burden the Grantor's p p y "C" attached hereto. 3. Compliance with Laws. The Grantee covenants and warrants that any construction S of improvements within the Easement shall be to Pima County standards. The Grantee further x; s warrants that during any construction all such activities shall be in compliance with all laws, M ordinances, rules or regulations of any governmental entity having jurisdiction over the properties or the activities of the Grantee on the property. 4. Maintenance. The Grantee shall be responsible for any and all costs and expenses incurred in the construction,maintenance or repair of all improvements that are or might be located within the Easement. 5. Release and Indemnification. Grantee agrees to indemnify,defend and hold Grantor harmless from and against any and all liabilities,claims,demands,losses,actions,judgments,costs, expenses (including, without limitation, attorneys' fees), or damages of any kind or character, whether to persons or property, arising out of, or caused directly or indirectly by any use of the Easement by either Grantee, or any of its invitees or permitees. 6. Remedies. In the event of a default by any party hereunder,the other party shall have all remedies available at law or in equity, including, but not limited to, specific performance and injunctive relief to remedy such default. 7. Permanency.The grants,covenants and provisions herein shall run with the land and shall be binding upon and inure to the benefit of Grantor and Grantee and their respective heirs, successors and assigns forever. 8. Termination. If this Easement ceases to be used for the purposes stated herein,then after notice and a reasonable opportunity to cure, it shall terminate and Grantee shall provide Grantor, her successors or assigns, with a Release of Easement in recordable form. 9. Attorney s'Fees. If any action is brought by a party hereunder against the other party in respect to its rights under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and court costs as determined by the Court. 10. Governing Law. This Agreement is made under,and shall be construed in accordance with and governed by,the laws of the State of Arizona. 11. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit 6 of the parties hereby and their respective successors, purchasers and assigns. .. 2 12. Construction. The Parties hereby agree that this Agreement shall be construed according to its fair meaning and without application of the so called "Rule" of construction that ambiguities are to be resolved against the party with primary drafting responsibility therefore. 13. Authorization to Sign. Each of the persons executing this Agreement represents and warrants to the other party hereto that he has the full power and authority to execute this Agreement on behalf of the entity for whom he is signing. 14. Time. Time is of the essence of this Agreement and each and every provision hereof. Any extension of time granted for the performance of the duty under this Agreement shall be in writing and shall not be considered an extension of time for the performance of any other duty under this Agreement. 15. Waiver. No waiver hereunder shall be binding unless executed in writing by the party making the waiver. No waiver of any of the provision of this Agreement shall constitute a wavier of any other provision, whether or not similar. 16. Paragraph Headings. All paragraph headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. IN WITNESS WHEREOF the Parties have executed this Agreement on the date first above written. Al4,44y44,44.# cliebtudiAtt4 MARY L UISE SCHWEBEL SIGNATURES CONTINUED TO NEXT PAGE 3 TOWN OF ORO VALLEY BY: ',/er.c PAUL LOOMIS, MAYOR TOWN OF ORO VALLEY,PIMA COUNTY,AZ ATTEST: KATHR E. CUVELIER, TOWN CLERK TOWN OF ORO VALLEY, PIMA COUNTY,AZ APPROVED AS TO FORM: /iip .10 Ain e<, AI*V / A OP,' DAN DUDLEY, TOWN ATTORNE TOWN OF ORO VALLEY, PIMA COUNTY,AZ STATE OF m I ile5 0 ss COUNTY OF hienr1ep,rt,. ) On this 13 day of 41-4046 , 2000, MARY LOUISE SCHWEBEL appeared before me and acknowledged that she executed this instrument as her free act and deed. Notary P 14 is My commission expires: COICAHN FOGARTY IhOwnraissimi Wins X,all "OFFICIAL SEAL" STATE OF ARIZONA Roxana G.Garrity Notary) Public-Arizonass �, , � • COUNTY OF PIMAPima County Ail• My Commission Expires 11311200! On this --5-\\*." day o644-(4)-0--\ ,2000, PAUL LOOMIS as Mayor for the TOWN OF ORO VALLEY, appeared before me and acknowledged that he executed this instrument as his free act and deed. B Notary Public My commission expires: \k ‘kapok 4 EXHIBIT A LEGAL DESCRIPTION TOWN OF ORO VALLEY FROM MARY LOUISE SCHWEBEL PARCEL A That portion of the East half of the Northeast Quarte: of the Northwest Quarter of Section 23, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County,Arizona, described as follows: Commencing at the Northeast corner of said East ha I f of the Northeast Quarter of the Northwest Quarter; Thence along the North line thereof, South 89° 49' 07'West 45.00 feet to the Point of Beginning on the West right-of-way line of Calle Loma Linda as shown on the Plat of Rancho Verde, Lots 171 thru 218, recorded in Book 22, page 50 of Maps and Plats in the Office of the Pima County Recorder; Thence continuing South 89° 49' 07"West along said North line, 514.72 feet, more or less, to the East line of the West 100.00 feet of said East half of the Northeast Quarter of the Northwest Quarter; Thence along said East line, South 00° 05' 35" East 40.00 feet; Thence North 89° 49' 07" East 139.58 feet; Thence South 00° 10' 53" East 20.00 feet; Thence North 89° 49' 07" East 375.00 feet to said West right-of-way line of Calle Loma Linda as shown on the Plat of Rancho Verde, Lots 171 thru 218, recorded in Book 22, page 50 of Maps and Plats in the Office of the Pima County Recorder;; Thence alongsaid West right-of-way line North 00° 06' 54"West 60.00 feet to the Point of Beginning; F j� X40 A` Containing0.64 acres of land, more or less. 13187 • '�' ( ALAN W. ; 3 STEPHE,NS 7/3l ° 3 \ e81 IA%wl,fd � r EXHIBIT B LEGAL DESCRIPTION TOWN OF ORO VALLEY FROM MARY LOUISE SCHWEBEL PARCEL B That portion of the East half of the Northeast Quarter of the Northwest Quarter of Section 23, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County,Arizona, described as follows: Commencing at the Northeast corner of said East half of the Northeast Quarter of the Northwest Quarter; Thence along the North line thereof, South 89° 49' 07"West 45.00 feet to the West right-of-way line of Calle Loma Linda as shown on the Plat of Rancho Verde, Lots 171 thru 218, recorded in Book 22, page 50 of Maps and Plats in the Office of the Pima County Recorder; Thence along said West right-of-way line, South 00° 06' 54" East 60.00 feet to the Point of Beginning; Thence South 89° 49' 07" West 200.00 feet; Thence South 45° 05' 08" East 282.37 feet, more or less, to said West right-of-way line of Calle Loma Linda as shown on the Plat of Rancho Verde, Lots 171 thru 218, recorded in Book 22, page 50 of Maps and Plats in the Office of the Pima County Recorder; Thence along said West right-of-way line, North 00° 06' 54"West 200.00 feet to the Point of Beginning; Containing 0.45 Acres of land, more or less. 1",,o\fICA TF&/c (�j s s 131874t? I� +""w • ' ALAN W. • STEPHEN S \°%74311,