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HomeMy WebLinkAboutEasements - 3/4/1998, Special Warranty Deed and Grant of Easements, Canada del Oro Partners (Grantor), Productio 1 zS � tOI •asolasip pjnonn XpadoJ ail Jo uoilaadsui jtaisitjd i .io X1JadoJd amp Aan ins al1.inaar Liu tlaitlnn s.ia i ui jp of puu `p i000i jo n adds /cum si sauipgiil pui suoui ilao `Suoilai ilsa.i `suoilipuoa `Sluruanoa `suaq `saaui.icjuinaua `Aum Jo sltpi `sluaulasia .slualid pui SuoiWn.iasai `Sluauissass1 pui Sax1l lua.iina of to cgns ( ApJdoa ,, am) ola.iatll luivalinddr SaBajini.id pug s11TOp iii tllinn.131lla2o1 `uia.iatj pamodioaul pui olong patlaiui „y„ Tiaiuxa uo pacposap ijnjnaipi d aiotu `ruozui `Alunoj utuid ui pawaoj purl jo pond u `(„aaauIu 0„ aul) atlijod Xpoq `Ar nvA 0110 AO MAOI aril of SAanuoa /Qa.iaq tao3uIa9„ NT) ditlsioulii;d j1.iaua21uozpv u� `S2I�I�I.L2I�d 0110 'MI VUVMV J `uoilI.iapisuoa aigi njin Jol S1NHi%JELSva d0 INYHD UNY (Eau A1NVD1VM rIVID 1dS «£)(v)iI9t-zr§ •s wv 3uunsand 3uawaainbaa aaj pun pAnpJ3n aye wo.aj 1dwaxa s!juawni3su! siq,i :aloNI Z 19 I-I OL 58 uuozuV `uosani anuanV wimp Lilnos aup .13nn0I lsanMIOM 00c I d11.iauijjL 1, IIOUS uouUis •� aiMAI :01 umay paimoaaf uagq 00"91 $ Q I kt3 1NflOWkt d f1:13 I d dfl N3Id 47G=9T a33a1M 33W1IM 7 113N8 23 86/410/80 vto i 8s. W3� 66802208661 :33N3f1O35 (fik utkt0O Y 1q6121 :83Qkt3 3AO 'ON iy 83Q3O338 Jlll33a 2.'362 Jd 1W3 :A8 x3(180338 S41LO T :13 iJOU 0 8308___18 '23119I8008 NNb 'A. ' r . A. Additional Terms and Conditions: This Grant is subject to the following terms and conditions: 1. Fee title to the Property shall remain in Grantee, its successors and assigns, provided that it may be used for the sole purpose of installing, constructing, operating and maintaining a water well by Grantee in connection with its public water service, and for no other purpose. In the event the Property is not so used within one year after recording hereof, or thereafter such use is discontinued continuously for a period of one year, or should the Property be used for purposes other than as stated above, then fee title to the Property shall automatically revert to the Grantor, and Grantee, its successors and assigns, shall have no further right, title or interest therein. Grantor's rights of reversion are senior and paramount to all other interests in the Property, other than those matters recorded prior to the date hereof or which by law have senior priority. In the event of a reversion, title to the Property shall immediately revert to and vest in Grantor, or to the owner of that certain land described in Exhibit B attached hereto (the "Adjacent Land"). 2. Any and all improvements to the Property to be made by Grantee, shall be in accordance with plans and specifications submitted to and approved in writing by Grantor, and no change thereto, whether in appearance or otherwise, shall be made without Grantor's prior written consent. fes/ 10 7 4 2353 3 B. Grant of Easement Grantor does hereby further grant unto Grantee a perpetual easement, in gross, for vehicular access, and necessary incidental grading, for the installation, construction, maintenance, and operation of the said water well located or to be located upon the Property, and for no other purpose. The said easement shall be over and across that portion of the Adjacent Land described in Exhibit C hereto (the "Easement") until such time as Grantor. at its sole option and election, records and relocates the said Easement by virtue of a specific metes and bounds legal description, confining the Easement herein granted to another route designated and selected by Grantor. Without limitation, should Grantor or its successors develop or replat the Adjacent Land, the Easement may be relocated by them at their sole discretion, and a new access route shall be confined to one or more such public or private access ways, including streets and alleys, as are designated by Grantor or its successors, and which are shown on any approved development plan or subdivision plat of the Adjacent Land, as such plans or plats may be revised from time to time in the future. It is the intent hereof that Grantor shall have the free and unlimited right and ability to relocate the Easement to correspond to one or more of such public or private access ways as may from time to time be established and so designated. In the event of any such relocation by Grantor, Grantee agrees formally to abandon and reconvey to Grantor, any and all interest in any real property no longer subject to the Easement, all to the extent deemed reasonably necessary by Grantor or its successors. Any relocation of the Easement shall not deprive Grantee of reasonable access by vehicles or equipment necessary for maintaining a well site and associated equipment. 3 I 014 5 2 3 5 4 Grantee and its successors and assigns shall have the sole responsibility to maintain, improve and repair the Easement, and any and all improvements located thereon, and Grantee shall indemnify and defend Grantor and its successors and assigns from and against any and all liability, costs, expense, claim, damage, or obligation in any way relating to or arising out of Grantee's use of the Property and Easement, or to the nature or quality of improvements made to the Property or Easement. Except as stated, Grantee shall not be responsible for the routine maintenance of private streets or alleys owned and controlled by others. Dated this / day of , 1998. ,(j CANADA DEL ORO PARTNERS, an Arizona general partnership By: John E. Rooney F. 'ly Limited Partnership, a Delaware Limite• 'a ership, General Partner By: W Blake Hastings eneral Partner "GRANTER" TOWN OF ORO VALLEY, a body politic B y: -�, -7 Name: Pqm_i t Title: Iii e- . Mayor "GRANTEE" Simonm\TUX\091827.01 4 I 0 i 4 5 2355 STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me thi•s day of �6i i g g � � 5Y1 1998, by E. Blake Hastings, General Partner of the John E. Rooney Family Limited Partnership, a Delaware limited partnership, General Partner of Canada Del Oro Partners, an Arizona general partnership, on behalf of the general partnership. C--'-'4717-9(‘X Notary Public My Commission Expires: 6 (19 STATE OF ARIZONA ) ) ss. County of Pima ) Th foregoin,A instrument was acknowledged before me this day of , 1998 b � cthe \(IA \IN\ of the Town of Oro Valley, a body politic, on behalf of the town. (\A 1 Mfr Notary Public My Commission Expires: l 1.f•'l./3�.li 1'.1.`/"1'1✓./ll✓lll././J./1l� "OFFICIAL SEAL" "L- 4,00 Roxana G.Garrity ' Notary Public-Arizona Pima County _ *3�_t, my commission�acpitos 1/31/2001 Simonm\TUX\091827.01 5 10145 2 3 5 6 let Ashb SURVEYING&DRAFTING,INC. EXHIBIT A Page 1 of 2 LEGAL DESCRIPTION PRODUCTION WELL#23 SITE A portion of the Northwest quarter of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona said portion being more particularly described as follows: Commencing at the Northwest corner of said Section 7; Thence S 0°13'04" W, along the West line of said Northwest quarter , a distance of 1026.12 feet to a point lying on the arc of a curve from which the radius point of said curve bears N 73°35'29" E a distance of 2391.83 feet; Thence southeasterly along said curve, through a central angle of 3°46'22", a distance of 157.50 feet to the Northwest corner of that particular perpetual drainageway easement recorded in Docket 7506 at Page 979 (Parcel VIII); Thence S 0°13'04" W, along the West line of said easement, a distance of 751.31 feet more or less to the Southwest corner of said easement lying on the curved northerly right-of-way line of Lambert Lane as it exists today from which corner the radius point of said curve bears S 39°35'14" E a distance of 2939.79 feet; Thence northeasterly along said curved right-of-way, through a central angle of 0°45'55", a distance of 39.27 feet to the Southeast corner of said drainage easement and the TRUE POINT OF BEGINNING; Thence N 0°13'04" E, along the East line of said drainage easement, a distance of 125.00 feet; Thence S 89°46'56" E a distance of 38.00 feet; Thence S 23°22'19" E a distance of 3 2.3 2 feet; Thence S 0°13'04" W a distance of 55.00 feet to a point on the said curved right-of-way line of Lambert Lane from which point the radius point bears S 37°33'18" E a distance of 2939.79 feet; legals\1437-1 leg.wpd 1,,t111r1". . g1/4 f°Q► Fy . t, el 19416 • lc Lc/ T.WAYNE c ASHBY q.,l oNA V • 717 NORTH SWAN ROAD •TUCSON,ARIZONA 8571 1-1 210 •TEL: (520) 325-1991 • FAX: (520) 325-2074 IOL5+ 2 3 5 7 Page 2 of 2 Thence southwesterly along said curved right-of-way line, through a central angle of 1°16'01", a distance of 65.00 feet to the TRUE POINT OF BEGINNING. Containing 5139 ± square feet or 0.118 acres. legals\143 7-1leg.wpd • • �- Ac, Q,IF ATL. c4') yp tt� 19416 . ,© "ice tWAYNE •; ASHBY t‘i. 14:N": d ZONA ‘43A Ashb SURVEYING&DRAFTING.INC. 7 5 2 3 5 8 i , • N 0\ i. 2 1" = loo' COURSE TABLE 0 S 00'13'04" W 1026.12' 0 L=157.50' R=2391.83' 0=3'46'22" I3 S 0013'04" W 751.31' 0 L=39.27' R=2939.79 0=0'45'55" 0 N 00'13'04" E 125.00' 0 S 89'46'56" E 38.00' c1 7 S 23'22'19" E 32.32' I 0 $ , M 1 S 0.13 04 W 55.00 0 0 L=65.00' R=2939.79' 0=1'16'01" � ""--- .cfce-Q.t‘F$ Ark' '', AREA = 5139± SQ. FT. ,°'•o4 % = 0.118 ACRES WaT w E �1 27 AHSBYCl‘?4'. ONA 0:: i 4/ 0 *:*:*0. ,c \))1k I 0...:.-8 \I k6 ‘ 0 / \/ 1/4 TPOB / WELL SITE N0. 23 EXHIBIT A ► : Ashby LEGAL DRAWING DATE: FEBRUARY, 1998 ..MyM•SWIM.R ,,t,K SWAN ROAD PRODUCTION WELL JOB NO: 1437_LEG 'TUCSON. • 0N'ARIZONA 0571I # 23 SITE 11114(5 20)325 •FAX (320)xSHEET:-20742 / 2 101 4 5 2 3 5 0 February 9, 1998 WLB No. 196075-a-007-1003x W:ILEGALS11960151rooney-F.wpd EXHIBIT B ROONEY RANCH PARCEL F All that portion of the Northwest One-Quarter(NW 1/4) of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, lying Southerly and Southwesterly of Westerly right-of way line of North First Avenue and Northwesterly of the Northerly right-of-way line of Lambert Lane, as said right-of-way lines currently exist.. Page 1 of 1 I0 ] 5 2 3 6 0 e :. AS • " SURVEYING&DRAFTING,INC. EXHIBIT Page 1 of 2 LEGAL DESCRIPTION WELL#23 -ACCESS & SLOPE EASEMENT A portion of the Northwest quarter of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona said portion being more particularly described as follows: Commencing at the Northwest corner of said Section 7; Thence S 0°13'04" W, along the West line of said Northwest quarter, a distance of 1026.12 feet to a point lying on the arc of a curve from which the radius point of said curve bears N 73°35'29" E a distance of 2391.83 feet; Thence southeasterly along said curve,through a central angle of 3°46'22", a distance of 157.50 feet to the Northwest corner of that particular perpetual drainageway easement recorded in Docket 7506 at Page 979 (Parcel VIII); Thence S 0°13'04" W, along the West line of said easement, a distance of 751.31 feet more or less to the Southwest corner of said easement lying on the curved northerly right-of-way line of Lambert Lane as it exists today from which corner the radius point of said curve bears S 39°35'14" E a distance of 2939.79 feet; Thence northeasterly along said curved right-of-way, through a central angle of 0°45'55", a distance of 39.27 feet to the Southeast corner of said drainage easement; Thence N 0°13'04" E, along the East line of said drainage easement, a distance of 125.00 feet to the TRUE POINT OF BEGINNING; Thence S 89°46'56" E a distance of 38.00 feet; Thence S 23°22'19" E a distance of 3 2.3 2 feet; Thence S 0°13'04" W a distance of 55.00 feet to a point on the said curved right-of-way line of Lambert Lane from which point the radius point bears S 37°33'18" E a distance of 2939.79 feet; legals\1437-21eg.wpd -----, y. ,,._. ,.0 .. . J 4� 190316 W°C t WAYNE + 2 c ASHBY 1 9 v' / eZONA 717 NORTH SWAN ROAD •TUCSON,ARIZONA 85711-1210 •TEL: (520) 325-1991 • FAX: (520) 325-2074 I 0 145 2361 Page 2 of 2 Thence northeasterly along said curved right-of-way line, through a central angle of 0°29'29", a distance of 25.22 feet; Thence N 0°13'04" E a distance of 94.26 feet; Thence N 89°46'56" W a distance of 50.94 feet to a point which is 20.00 feet easterly of the East line of said drainageway easement; Thence N 0°13'04" E, parallel with said East line, a distance of 3 06.09 feet to the beginning of a curve concave to the East and having a radius of 527.96 feet; Thence northerly along said curve, through a central angle of 12°45'00" a distance of 117.49 feet to a point lying on the arc of a curve from which the radius point bears N 65°50'03" E a distance of 2391.83 feet; Thence northerly along said curve, through a central angle of 0°46'34", a distance of 32.40 feet to the northeasterly point of said drainageway easement, said point also lying on a curve from which the radius point bears S 74°18'59" E a distance of 547.96 feet; Thence southerly along said curve and East line, through a central angle of 15°27'57", a distance of 147.91 feet; Thence S 0°13'04" W a distance of 331.09 feet to the TRUE POINT OF BEGINNING. legals\1437-21eg.wpd (7 - --6"--i: , 0, _, -....4.7,,,,--„,s , r 1 d 19316 '4 T.WAYNE10 a ASHBY n, 1 27 \o, e V:// .- /zoNA vet Ashb SURVEYING&DRAFTING,INC. 3 6 2 . r. 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