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HomeMy WebLinkAboutEasements - 10/16/1998, Water Utility Easement & Maintenance Agreement, DRRC, LLC (Grantor), Desert Ridge at La F. ANN RODRIGUEZ, RECORDERoiP DOCKET: 10903 RECORDED BY: GMS PAGE: �O 1217 DEPUTY RECORDER � NO. OF PAGES: 12 1970 RO01 „i ,' y SEQUENCE: 19981800451 SOROV 10/16/98 TOWN OF ORO VALLEY Ilt/ZOtY EASMNT 12 :59 11000 N LA CANADA ORO VALLEY AZ 85737 MAIL AMOUNT D.TE2Tyclaiti.-;:54.11-4Q WMO tb ATER UTILITY EASEMENT AND MAINTENANCE AGREEMENT O C T 2 1 1998 n-i THIS WATER UTILIT EASEMENT AND MAINTENANCE AGREEMENT (the "Agreement"), entered into thisrliday ofOc do , 1998,by and between DRRC, LLC, a Washington limited liability company ("Grantor"), and ORO VALLEY WATER DISTRICT, an Arizona municipal corporation("Grantee"); RECITALS A. Grantor is the owner of certain real estate situated in the County of Pima, State of Arizona, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"). B. Grantee desires two (2) separate easements on, over, under,through and across certain portions of the Property which are more particularly described in Exhibit B and Exhibit C attached hereto and incorporated herein by reference (collectively the "Easement Area") for the operation, maintenance and repair of the currently existing water lines located within the Easement Area. C. Grantor is willing to grant two (2) separate easements to Grantee on, over, under, through and across the Easement Area for the operation, maintenance and repair of the currently existing water lines located within the Easement Area upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and assigns, two (2) separate non-exclusive easements on, over, under, through and across the Easement Area, subject to any and all reasonable restraints on their use imposed by Grantor from time to time, for the operation, maintenance and repair of the currently existing water lines ("Water Lines") located within the Easement Area, subject to the terms set forth herein. 1. Grant of Easement. Grantor hereby grants, transfers and conveys to Grantee, without warranties and on the terms and conditions set forth herein,two (2) separate non-exclusive easements (collectively the "Easements") on, over, under,through and across the Easement Area described in Exhibit B and Exhibit C. If Grantee ceases to use eith-q-ef-te he his°`'a�..�`�.�����' Easements within the Easement Area as described herein for a period of one (1) ye t , �. E ..�.. ISM t :�:(>• f1� 0 9 0 3 121 7 1 Agreement and all of Grantee's rights hereunder shall automatically terminate and revert to Grantor. 2. Use of the Easements. Grantee shall have and enjoy the Easements for the use and operation of the currently existing Water Lines located within the Easement Area and for no other use or purpose. Grantee shall have the right to have access to and from the Easement Area as reasonably necessary to maintain and repair the currently existing Water Lines. Except for emergency situations, Grantee shall provide Grantor twenty-four(24) hours prior written notice before entry upon the Easement Area. Grantor and any other owner of the Property reserves and shall have the right to access and use the Easement Area for any use or purpose not inconsistent with the rights granted herein. Grantee shall not make any alterations or install any improvements on the Easement Area without Grantor's prior written consent. 3. Maintenance and Repair. Grantee shall maintain and promptly repair the currently existing Water Lines and shall bear and promptly pay any and all costs and expenses incurred in maintaining and repairing same. Such maintenance and repair work shall be completed in a good and workmanlike manner and Grantee shall promptly restore the Easement Area to the condition it was in immediately before such damage occurred or maintenance/repair work commenced. 4. The Easement Term. The Easements shall remain in affect in perpetuity (the "Easement Term"), unless sooner terminated by operation of law, this Agreement, or by mutual agreement of the owner of the Property and Grantee, its successors and/or assigns. The Easement Term shall commence upon the execution and recording of this Agreement. 5. Release and Indemnification. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts or omissions of Grantee and Grantee's servants, agents, employees and contractors in the exercise of the rights granted herein. Grantee expressly agrees to assume all liability for injured employee suits which may arise from injuries suffered while upon the Property or the Easement Area. 6. Termination for Breach. If Grantee breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ten(10) days of Grantor's giving Grantee written notice thereof, or, within such other period of time as may be reasonable in the circumstances, Grantor may terminate Grantee's rights under this Agreement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to terminate for any future breach of default. 7. Amendments. This Agreement may be amended only by a written instrument executed and acknowledged by all of the parties hereto and recorded in the official records of Pima County, Arizona. 2 1109032 1 8 8. Title. Grantor does not warrant title to the Property, Water Lines or the Easement Area and shall not be liable for defects thereto or failure thereof. 9. Ownership of Equipment. The Water Lines placed within the Easement Area by Grantee shall remain Grantee's property with Grantee retaining authority over the line(s), meter(s) and related appurtenances. 10. Easement Relocation. Grantor shall have the right, but not the obligation, to relocate the Easements to any other area within the Property that Grantor deems appropriate, in its sole discretion, without obtaining Grantee's prior consent, provided: (i) Grantor pays all costs and fees associated therewith, and (ii) said relocation does not materially interfere with the functionality of the Water Lines. Grantor shall provide Grantee with no less than thirty (30) days prior written notice of said relocation. 11. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 12. Entire Agreement. This Agreement,together with the Exhibits hereto, constitutes the entire agreement of the parties hereto and supersedes any and all prior oral or written agreements or understandings between them pertaining to the subject matter hereof. No parties hereto have made any representations,warranties or inducements, expressed or implied, to any other party hereto, except as expressly set forth herein. 13. Recording. This Agreement, and any amendments hereto, shall be recorded with the real property records of Pima County, Arizona. Grantee shall pay for all costs incurred in recording this Agreement. 14. Attorneys' Fees. The parties hereby agree that any costs arising from a breach of this Agreement shall be paid by the party in breach and further that the breaching party shall pay to the other party any and all reasonable costs and attorneys' fees incurred to enforce any part of this Agreement. 15. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with,the laws of the State of Arizona. 3 IN WITNESS WHEREOF,the parties have executed this Agreement on the date first above written. GRANTOR GRANTEE DRRC, LLC ORO VALLEY WATER DISTRICT, a Washington limited liability company a Municipal corporatio' r AIbow 41111°F / By By: Agri, Charles S:rwiFir Manager Its: � 4 1 0903 1220 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 2 day of October , 1998, before me personally appeared Charles S. ----_ Lytle, to me known to be the Manager of the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument for said limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. ),-itturer..77// (Signa Taylor M. Prescott r z (Name legibly printed or stamped) �► 'l or,-stain,:• NotaryPublic in and for the State of Washington, r residing at Newcastle • My appointment expires 2 q March 200 9 STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) On this 15 day of October , 1998,before me personally appeared Chuck Sweet ,to me known to be the Town Man age r of the corporation • and acknowledged said instrument to be the that executed the within and foregoing instrument, g free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument for said corporation. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. 1 /2L (Signature) RACHAEL BARTELS Rachael Bartels PIMA couNnr,ARiZONA (Name legibly printed or stamped) e: r NOT PUBLIC-STATE of AZ NotaryPublic in and for the State of Arizona, S fission Expires 04/14/99 residing at pima Co. • My appointment expires 4/19/99 5 • • e • ' L EXHIBIT "A" LEGAL DESCRIPTION AND SITE PLAN CHICAGO TITLE INSURANCE COMPANY Page 1 LEGAL DESCRIPTION Escrow/Title No. 512151 JMS All that part of Section 7, Township 12 South, Range 14 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Commencing at the South quarter corner of said Section 7; Thence North 00 degrees 23 minutes 36 seconds West, along the North-South midsection line of said Section 7, a distance of 1605.71 feet to the Point of Beginning; Thence continuing North 00 degrees 23 minutes 36 seconds West, along said North-South midsection line, a distance of 932.12 feet to a point of intersection with the non-tangent curved Easterly right of way line of Tucson-Florence (U.S. 89) Highway having a radius of 16,270.23 feet from which a radial line bears South 43 degrees 27 minutes 35 seconds East; Thence Northeasterly along the arc of said curved right of way line to the • _ right, a distance of 286 .29 feet through a central angle of 01 degrees 00 minutes 29 seconds to the beginning of a compound curve to the right having a radius of 25.00 feet from which a radial line bears South 42 degrees 27 minutes 06 seconds East; Thence Northeasterly and Southeasterly along the arc of said curve to the right, a distance of 39.38 feet through a central angle of 90 degrees 15 minutes 26 seconds to a point of tangency; Thence South 42 degrees 11 minutes 41 seconds East, along _the Southwesterly right of way of La Reserve Drive, a distance of 254 .60 feet to the beginning of a tangent curve to the right having a radius of 300.06 feet; Thence along the arc of said curve to the right, a distance of 472.26 feet through a central angle of 90 degrees 10 minutes 34 seconds to a point of tangency, continuing along said right of way; Thence South 47 degrees 58 minutes 53 seconds West, a distance of 339.79 feet to the beginning of a tangent curve to the left having a radius of 380.00 feet; Thence along the arc of said curve to the left, a distance of 320.83 feet through a central angle of 48 degrees 22 minutes 29 seconds to a point of tangency, continuing along said right of way; • Thence South 89 degrees 36 minutes 24 seconds West, a distance of 10.00 feet to the Point of Beginning. Except that portion as recorded in Docket 7840 at Page 563 . • Page 1 of 2 REPSA (8/07/96) 1 09 3 1 2 2 2 ,•; : �E S S 0 R 'S •CORD ASSESSOR 'S • • 100 • '' 1011 220-08SECTIONSouTH , ANGE - { AST ..,:. ,., —09 ..... —10 „,' o. :. —14ott ... . . 0,0% • '` t1�� GO�.IJER RAIiCII lFORMERLY N 09d �S V 5200.00 (G<.0) N 09-IO-31 L esia60' `,ttt FIRE D1SlR1C1 !f. •.,. L. r 9 � 11000' »f.�0' 203--69 IT' LOT 1 • 1O`IN OF ORO V ALI.E`I .. . 71 oi• .4' t 'i I I 39.93 AC. : Qom• . ICI) d 4 -1 Z..--loo• .,''`'::i - O • ip • ----I 4. 50• • • ;`10-y +O • I ti R •• @ II 011 •,. i”. • 0 . 1 sr rr S % I I C . - I% i El) •�.• �� • moi` i• AiSitO IN © CC pp�� �t. k 1j ? 1012 4:.\;;Ily.• O Q•`A ,� 1 \ �.s nigit=COZM� N,•, • ;t v,� 39.79 AC. • O� • �4 '1j + �,. 4- 1.• Ict ., 1►�G c. . cs + ,t ,�4 ,,- 0...0% 0 t tt, y� F00 !!ILLS + , h 0 .• to t i- Ni, it. co 1- I►tCO '�yw'].'7/a��M.0 '4 •, • i•.,. C' L•1t>jir�)'", •isle t9 * '4d : `�v • • �.it ' \1,� ' - _. .4 BUSINESS PARK:. • • ,t�'s �.. lo" •I ' e (2Z0-10) —� L•1.,.•g�o a� •c� CO ..�... .1. o , Q` ,1 .�: !.ors • 1-1 = o.. `� ? I I � �+ ', `ll1.:66$.12' . 1� 1� 4•♦ S vt r g0 a. �., v �� . 4t7 � 111 1„-t`',..* .IC� ki..6 �. 1k0 433 . 0 • 37/000 LOT i • —S---- V r' FA11IFLELPS I �9.OS 1C "� 12)1P, �,. a • : �y1�• :1P ft P . v._ •. o PUSI{ 1110CE II o I,il. • ��� `{'' 9 �0a1 •'51c•0� ti►,�;y, s�.ti• OK �, LA RESERVE *31 m x1 �t , Cj O P P'' .c. r .1.•/u! •, •4� n (220 11) In I ' 0 L � o� y .'v,�ass /o7G :,. .�1 r, 1L + 4► � � �� )1.42•.,•�i\''iso a +. . �c X `� ) sty:•�i o ��� 0 11dcP CD '„ i►• , •. �•'�,' �•G� �` .o __ ►�Y�T1 • 'fit ��'1 ��. ... \t, (•J:�. •7� t 15:.04• 2 �� Ut: cv� �Q ��=15 x• ° a — LA RESERVE �.•_ ;____, 1 ,�• o� „II ttao 6 t)• `' dcr.P� PARCEL T L 1 a9 • � ► ti 9 h•J• ' LOTS t-8 :.• \.•-ilic ��`v►1�v 2 1 1p ik.150- C.) Q •• ,� �Uo• ��.�• _ c 40/020 N P 1 K •'.h ' . . I'I' •g• T° o 4'-sc3 (22011) F. lob• o„•. r4 RESERVE I • G ;•r� •-DESERT. MIRAGE... 4TJ. . �+ . .. • LOT i AT LA RESERVE LoTs 41/074 39.6 .C.,0 isms. (e2O-10) ' 26-67 31St!' �.» Lbr/i0d4 o (220-14) ��PG�� ., (� 4 or YfINDOW ROCK o • L•o11�3'� . ` Lors 1-4s i� • y., P i '• _ i. • C.A. +� 1.1 RESERVE MAIM.pall !t 44/003 LJcY Coed 41::• • �s'trn ,'rte �t ' 4.4�. , •'6taZ `01,, to.�olo c22o-o0) . 0C ,N.' : �. LOTS 143-04 ossP �Ol�l � t.1: ; •�'l� :�` ' 2 �w• 4 •DEER RUN 45/031 MbcP Of ORO .o,„ _03 (220-1'1) • v MAX. W vio CAN7014 1 •Lo 4'91/084 (220- �- AT IA s,•.' -._::UP_ I, a ® RESER 1 Q.` O. 11 k P 1 pV ti Of Dao V A1.�.C't IFC Z O`�'v. s t I I 1/1 '+ COG[ !IP- sib- .-- 156.51 4 7l• I 81646?' caro-1o1 20-12-00,1• - A'09-IS-SI V ?61!.06' N 69-•?S--.y9 V 2565.7• t$\T1254C\507_ 12/30/. ';•� .� 1 •, S 09d 30' E 5261.SZ' (GLO) LA RESERVE 3'U sOOX 4. .F.1SS 029 _.1 PARCELS 0 bt S .Y44 ,20OX S. ?.135 036 LOTS 1-40, CA -A- 0 300 600 900 r 07/08/1998 16:22 6022932115 DJA ENGINEERING PAGE 02 • EXHIBIT "B" LEGAL DESCRIPTION WATER EASEMENT DESERT RIDGE AT LA RESERVE DJA JOB NO. JOHNOO1A ..�-- JULY 8, 1998 • A portion of land situated in the northwest quarter of the southwest quarter of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, more particularly described as follows: Commencing at the south one quarter corner of Section 7; Thence North 00°23'36" West along the north-south mid-section line, a distance of 1605.71 feet to a point, said point being the southwest corner of that certain parcel recorded in Docket 10535 at Page 766, Pima County, Arizona; Thence departing said north-south mid-section line, North 89°36'24" East along the south boundary line of said parcel, a distance of 10.00 feet to a point on a non-tangent curve concave to the southeast with a radius of 380.00 feet with a radial line that bears North 89°36'24" East, said curve being the westerly right-of-way line of La Reserve Drive as recorded in Docket 7839 at Pages 463 through 471; Thence northerly along said curve to the right an arc distance of 320.83 feet and an interior angle of 8 48°22'29" to a point of tangency, J . Thence continuing along said westerly right-of-way North 47°59'19" East distance of 121.89 feet {�• to the POINT OF BEGINNING, Thence departing said westerly right-of-way line North 42°00'41" West a distance of 10.00 feet; Thence North 47°59'19" East a distance of 15.00 feet; Thence South 42°00'41" East a distance of 10.00 feet to a point on said westerlyright-of-way; g y; Thence South 47°59'19" East a distance of 10.00 feet to the POINT OF BEGINNING. Said parcel containing 150.00 square feet, more or less. Subject to all easements, encroachments, restrictions, and reservations of record. 1 4 l' s 4•••••iiffrrt;:.;:,, i I ,‘1 r:i!-- •,„ Pace 1 of 2 1739 FRANK G. (c:U,egalsAjoimoo 1 awtr) CASTROI, 41/4, ti!,// oNAv 07/08/1998 16: 22 6022932115 DJA ENGINEERING PAGE 03 EXHIBIT B , s Li St id 0 13 Fi- 0gill IpMrot - __ r 1)1 .4%__c:D., Y ; N . ........, 4,4( - I a•1 0 */''' ) 1.417 / ."0, O ,p y k . 8: z z 6 0 n El„...Z 10 16 s..... \ g% 14 (f) \b 'm 0 i Z 1 d iii in IIn S / . in (13 0 C° ea6 4 - Li, Li 41 c., $ Q tC3 1\4 $ Fala \� f O E.); ► Z 440 y Z ,,i . , ,0 c, a, w� RI i.. N. trLt. c,. 0 lei .i o (,) 0 o Cl.Lucapow •,, _ (Nati' 14.1?,e1 . erm. iLiti-e‘, Nig , ssif -) -. t 1.0 4 ii!''' Q=`,.V �, y 17139Va,� ;� bF.: FRANK G. it e° tv Z GASTAO zt-4(.... to I %, f1 (f) R Z 14, . .. .....,_/,,v‘• "t:41 _. A PORTION OF SECTION 7 dela ENGINEERING CORP. T--12-S, R-1 4E, PIMA COUNTY, ARIZONA 1870 W. PNCE ROAD, SUM 48 DSGN. BY: G DRAWN 8Y: = 1Cp CN . 8Y: DATA 2--11-98 � • ARIZONA 86706JO _�.. .... ... _ (iso) 10y-110e0 011/0} V03-21 16 mss) Page 2 of 2 10903 1225 EXHIBIT "C" LEGAL DESCRIPTION WATER EASEMENT DESERT RIDGE AT LA RESERVE DJA JOB NO. JOHNOO1B MARCH 13, 1998 A portion of land situated in the northwest quarter of the southwest quarter of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, more particularly described as follows: Commencing at the south one quarter corner of Section 7; Thence North 00°23'36" West along the north-south mid-section line, a distance of 1605.71 feet to a point, said point being the southwest corner of that certain parcel recorded in Docket 10535 at Page 766, Pima County, Arizona; Thence departing said north-south mid-section line, North 89°36'24" East along the south boundary line of said parcel, a distance of 10.00 feet to a point on a non-tangent curve concave to the southeast with a radius of 380.00 feet with a radial line that bears North 89°36'24" East, said curve being the westerly right-of-way line of La Reserve Drive as recorded in Docket 7839 at Pages 463 through 471; Thence northerly along said curve to the right an arc distance of 320.83 feet and an interior angle of 48°22'29" to a point of tangency, Thence continuing along said westerly right-of-way North 47°59'19" East distance of 334.71 feet to the point of tangent curve, concave to the northwest, with a radius of 300.06 feet; Thence northeasterly along said curve to the left an arc distance of 176.92 feet and an interior angle of 44°46'58" to the POINT OF BEGINNING; Thence departing said westerly right-of-way line North 75°48'05" West a distance of 17.00 feet to a point of a non-tangent curve concave to the west with a radius of 283.06 feet, from which a radial line bears North 75°48'05" West; Thence northerly along said curve to the left an arc distance of 15.20 feet and an interior angle of 03°04'39" to a point of a non-tangent line; Thence South 78°52'44" East a distance of 7.00 feet to a point on a non-tangent curve concave to .the west with a radius of 290.06 feet , from which a radial line bears North 78°52'44" West; Page 1 of 3 r---�; (c:uegals\john001 bwtr) .� to 17139 II! FRANK G. CASTRO •l• h NA U• nrrrntr fl MAP 1 F 10C0903� 2 2 6 EXHIBIT C Thence northerly along said curve to the left an arc distance of 23.29 feet and an interior angle of 04°36'04" to a point of a non-tangent line; Thence South 83°28'04" East a distance of 10.00 feet to a point on a non-tangent curve concave to the west with a radius of 300.06 feet from which a radial line bears North 83°28'48" West, said curve being along said westerly right-of-way line of La Reserve Drive; Thence southerly along said curve to the right an arc distance of 40.21 feet and an interior angle of 07°40'43" to the POINT OF BEGINNING. Said parcel containing 503.16 square feet or 0.01 acres, more or less. Subject to all easements, encroachments, restrictions, and reservations of record. �.fsSv, "' eke ���' 17139 it FRANK G. a Page 2 of 3 GASTRO / (c:\legals\john001 bwtr) ieoNA v.s. 10 g 0 3 1 2 2 7 f o I (/) --I D o Z 1 -0 S 1/4 CORNER SEC.7. T12S, R14E co N 0 FND ACP (MARKED 1 4 CORNER SEC.7) 1 x POINT OF COMMENCEMENT c._ (I) — N 00.23'36"W 1 605.71 ' 10---Z—Ofi' . � O 1 3 Z N89.36'24"E SCALE: 1"= 100' 1 0 1 O.00'(R) 114 S.ECTLQL� 1.IfI o Z n V) --h m m 0320. , , w .. -o 0 , L—_15.20 R. -=.1 4,(6). 2, • Ll=03.04'39" S78.52'44"E ..... , . DKT. 10535 R=283.06' 7.00' Q z 'S'1/4i PG. 766 ko 2 o •.' . cp v C LA RESERVE All , L=23.29 Z VILLAS © N75'48 05,�W = ' j a-043604 v3 - 17.00' R=290.06' t___ ,. m N) > i4 d S83.28'48"E E N) NJ -1, ,,i1 VI" 10.00' o0 CO O vt. s POINT OF BEGINNING Z 0- Dv D N <p C) rr1 �' L=40.21' N -IN `,� d=0740'43" ! jR=300.06' 1 co LA RESERVE' ..p VILLAS 4& \, , t:,_0 �4 )1,4 I ,... ..,4„-„,p4.,. 04, ____..! N..... III, g Afiq's- 17139 4 CAT s•• .:., il tocaPj4, mob Z � � 1.t,. '���. N o .- �, . POINT F B { ca C Z 79/� S• �• NAV• THE BOULDERS i g C� AT LA RESERVE 00 V