HomeMy WebLinkAboutEasements - 7/3/1996, Assignment of Easements & Property Rights, Canada Hills Water Co. LP (Assignor) "6-`-j2-Q
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Jizrst American Title Insurance Company:._-, --M., c.,rs r
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_ 1880 East River Road, Suite 120 • Tucson Arizona 85718
" `� P. O. Box 65448 • Tucson, Arizona 85728
-4.\-.' ''''*f,44-4 (520) 577-8707 • Fax: (520) 577-0236
July 3, 1996
Via facsimile 297-0428 and first-class mail
Tobin C. Sidles
Town Attorney
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, Arizona 85737
Re: Canada Hills Water Company/
Town of Oro Valley
Dear Mr. Sidles:
Enclosed is a copy of a letter dated June 25, 1996 that was received by First American Title Insurance
Company.
Upon review of the file it appears that Mr. Holob is correct. This particular asset did not have fee title
to transfer to the Town of Oro Valley. What was transferred was the easement and property rights to
the site.
As of noon on Friday, July 5, 1996, the funds held in the amount of $215,000.00 will be released to
Canada Hills Water Company Limited Partnership.
If yo ave-an uestions, please don't hesitate to contact me.
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Si icerely, ,/7
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Paula Carla es
Escrow Administrati n
Enclosure
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HOLUB & O'HAIR
A PROFESSIONAL LIMITED LIABILITY COMPANY
1 77 North Church Avenue • Suite 913
HUGH A. Flows Tucson,Arizona 85701-1120 PHOENIX OFFICE
DIRECT LINE: 792-1488 (520) 792-3557 508 EAST PORTLAND ST.
JENNELE MORRIS O'HAIR Fax: (520) 792-8616 PHOENIX, ARIZONA 85004
DIRECT LINE: 792-8410 Toll Free: 1-800-985-7245 (602) 253-3006
June 25, 1996
Carol Archer
First American Title Insurance Company
1880 East River Road, Suite 120
Tucson, Arizona 85718
Re: Canada Hills Water Company
Escrow # 231-74-156502
Dear Ms. Archer:
By this letter, Canada Hills Water Company Limited Partnership,
hereby demands that the amount of $215,000.00 that has been
withheld in escrow relating to the well-site be released and paid
to Canada Hills Water Company Limited Partnership (CHWCLP) on or
before July 3 , 1996.
The agreement whereby CHWCLP agreed to sell its assets to the Town
of Oro Valley Municipal Property Corporation (Oro Valley) did not
require CHWCLP to provide fee simple title to all of its well-sites
to Oro Valley. The well-site in question is a well-site easement
which was conveyed to Oro Valley at closing, along with the
improvements at the well-site. A copy of the grant of well-site
easement is enclosed. First American Title was in error
representing to Oro Valley that a deed for the well-site was
required for closing, as the well-site easement is all the interest
CHWCLP possessed and could legally transfer to Oro Valley. The
well-site easement is all that Oro Valley needs to control the
well-site and obtain beneficial use thereof. Any attempt to require
a deed is a modification to the purchase agreement which was not
agreed to by my client.
If the $215,000.00 is not released and paid to my client by July
3rd, my client has instructed me to commence litigation in the
matter.
Sincerely,
APP AO
Hugh A. Holub
Attorney for
Canada Hills Water Company
Limited Partnership
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CC: John Busby, CHWCLP
Tobin Sidles, Town of Oro Valley
RECORDING REQUESTED BY: ,
FIRST AMERICAN TITLE
WHEN RECORDED MAIL TO:
CAPTION HEADING: ASSIGNMENT OF EASEMENT AND PROPERTY RIGHTS
When recorded, Return to:
ASSIGNT OF EASEMENTS AND PROPERTY RIGHTS
The undersigned, CANADA HILLS WATER COMPANY LIMITED
PARTNERSHIP, an Arizona limited partnership, d.b.a. Canada Hills
Water Company, ("Assignor") , for valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, does
hereby unconditionally assign, set over, convey and transfer to the
TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION, a non-profit
corporation ("Assignee") , all rights, title and interest of
Assignor in and to the following:
All easements and rights incident thereto for the
installation, operation and maintenance of water lines, and any
other water utility facilities, together with ingress, egress and
regress of pedestrians and vehicles, all easement agreements and
rights, and all rights under any covenants, conditions and
restrictions of record, currently of record in the office of the
Pima County Recorder, Pima County, and presently in the name of or
for the benefit of Canada Hills Water Company.
Together with those easements and rights of way affecting or
concerning the well sites, reservoir sites, booster sites and all
other real property owned by Canada Hills Water Company, including
all rights of ingress, egress, and access for the installation,
operation and maintenance of any and all water utility facilities.
IN WITNESS WHERE F, Assignor has executed this Agreement as of
this (1)_9 , day of , 1996.
ASSIGNOR:
CANAD HILLS WATER COMPANY
LIMIT D PARTNERSHIP
an A ' o a limi artnership
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STATE OF ARIZONA )
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COUNTY OF PIMA ) .
UBSC BED SWORN TO D ACK OW v`-'
AN N LEDGED bef ogre me this day
of , 1996, by - J W. _ u1-6y _, as Managing General
Partne of Canada Hills Water Company Limited Partnership, an
Arizona limited partnership.
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Notary Public
My Commission Exp' eisf'"4, -
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