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HomeMy WebLinkAboutEasements - Resolution 96-67, Authorizing the execution of Drainage and Slope Easements, Naranja Ranch 1 subdivi `' 9 RESOLUTION NO. (R)96-67 RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE EXECUTION OF DRAINAGE AND SLOPE EASEMENTS. WHEREAS, the Town of Oro Valley, through the Department of Public Works, is responsible for the maintenance of public streets and Right-of-Ways; and WHEREAS, the Naranja Ranch 1 subdivision has dedicated public Right-of-Ways through its plat recorded in Book 45, Page 23; and WHEREAS, the topography and street design of the Naranja Ranch 1 subdivision creates cut and fill slopes and drainageways beyond the public Right-of-Way; and WHEREAS, there is a need for the Town of Oro Valley to have access to private property outside the platted Right-of-Way for maintenance purposes; and WHEREAS, the Carlier Company is willing to grant the necessary easements to the Town of Oro Valley, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the drainage and slope easements granted in the attached document are accepted. 2. That the Mayor is authorized to execute the easement on behalf of the Town of Oro Valley. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 28 day of AUGUST , 1996. TOWN OF ORO VALLEY, ARIZONA / / / // / / AL/A.41, 4aL—.. Cheryl Sk. sky, Mayor C7 64...d.4,t; ATTEST:AKathryn . Cuvelier, Town Clerk APPROVED A TO FORM: .%‘,/i i / /l/f Tobin Sidles, Town Attorney DRAINAGE EASEMENT The undersigned Grantor does hereby grant to the Town of Oro Valley, a political subdivision of the State of Arizona, herein referred to as Grantee, a permanent easement, encompassing an area approximately 20 feet by 50 feet, for repairing, operation, replacement, and removal of drainage facilities and appurtenances in, over, under and across the property which is presently an unsubdivided parcel held by the Grantor and legally described as follows: SEE EXHIBIT"A"ATTACHED And the said Grantor covenants and agrees that the said Grantee may enter on the said land and may construct drainage facilities and may enter the said premises at all reasonable times for the purpose of construction, maintenance, building, repairing, servicing, replacing and removing the said drainage facilities and appurtenances. This right-of-way is granted upon the following express conditions: 1. That following any use of the above described premises for the above purposes, the land will be restored to a good and clean condition. 2. Grantors may use the said right-of-way for any purpose not inconsistent with the actual use of said right-of-way for drainage purposes pursuant to the right-of-way granted. However, Grantors covenant to keep the right-of-way open and free from any obstruction or encroachment at all times. Approved and acc pt d this o2 g day of Au-1444- , 19 q(la . 14 /dViAt. g";'?:"5" ..tp P/10 t,7 /4 444*, 1 Grantor Grantee for _") Title Title Town of Oro V ley, Arizona f This instrument was acknowledged before me this gtfri day of _a_Liiii , 191(4,_by 6: ill IeMael eCly1,1 . 4 i„ OFFICIAL SEAL z I1�.,:M. .� SHIRLEY M . WELCH NOTARY PUBLIC—ARIZONA �' PIMA COUNTY A,Lf . id Q=z� My Comm. Expires Avg. 18,1999 Netary Public r My commission expires: ' '-,/ K - 0 0 . 0 • / Mayor of the To i of Oro Valley Attest: /W-e Clerk of t Town of Oro Valley EXHIBIT"A" All that portion of Section 3, Township 12 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the centerline intersection of La Tanya Drive and Verch Way as recorded in Book 45 of Maps and Plats, at Page 23 thereof, Pima County Recorder's Office, Tucson, Arizona; THENCE South 00°-06'-06" East, along the centerline of said Verch Way, a distance of 265.00 feet to a point; THENCE North 89°-53'-54" East, a distance of 25.00 feet to a point on the easterly right-of-way of Verch Way, said point being THE TRUE POINT OF EASEMENT BEGINNING; THENCE continuing North 89°-53'-54" East, a distance of 20.00 feet to a point; THENCE North 00°-06'-06"West, along a line parallel to the said easterly right-of-way line of Verch Way, a distance of 50.00 feet to a point; THENCE South 89°-53'-54"West, a distance of 20.00 feet to a point; THENCE South 00°-06'-06" East, a distance of 50.00 feet to THE TRUE POINT OF EASEMENT BEGINNING. Area being 1000 square feet, more or less. • SLOPE EASEMENT The undersigned Grantor does hereby grant to the Town of Oro Valley, a political subdivision of the State of Arizona, herein referred to as Grantee, a permanent easement for repairing, operation, replacement, and removal of drainage facilities and appurtenances in, over, under and across the property which is presently an unsubdivided parcel held by the Grantor and legally described as follows: All that portion of Section 3, Township 12 South, Range 13 East, Gila and Salt River Base and Meridian, Town of Oro Valley, Arizona, lying 10 feet to the east of and parallel to the easterly right-of-way line of Verch Way as recorded on Book 45, Page 23 of Maps and Plats of the Pima County Recorders Office. And the said Grantor covenants and agrees that the said Grantee may enter on the said land and may construct cut and fill slope facilities and may enter the said premises at all reasonable times for the purpose of construction, maintenance, building, repairing, servicing, replacing and removing the said cut and fill slope facilities and appurtenances. This right-of-way is granted upon the following express conditions: 1. That following any use of the above described premises for the above purposes, the land will be restored to a good and clean condition. 2. Grantors may use the said right-of-way for any purpose not inconsistent with the actual use of said right-of-way for cut and fill slope purposes pursuant to the right-of- way granted. Approv nd FgtedAis o2 g day of ritc-V.0 19 9(0 l� /liVe .1/.,T-#0<. • I /1/". 411115111 ,. . _ £ 1;; Co/Li" G.P S • Grantor /4/=//1 f%rz,Oe€'f15 g Grantee tft4Io�. Title Title Town of Oro Valley, Arizona a This instrument was acknowledged before me this i'9- day of .-/i_/__ ir , 19 qi, by . 1Y1 kn g P crr r I;ec- mci 10;<<; ' T •{�ernio1 e . i#3r OFFICIAL SEAL ``•' SHIRLEY M M . WELCH ' � �� . � ��� -.� NOTARY PUBLIC—ARIZONA /� • r+� � • PIMA COUNTY otary Publi My Comm. Expires Aup. 18, 1999 My commission expires: ? I . oIc1 /, / ' / / _1...... A _.,,J` Mayor of the To- of Oro Valley I Attest: / ri Clerk of th Town of Oro Valley • • fes-z� �ffff �fff�"�� 01 "OFFICIALSEAL ,�'!�`r Heidi Kim Stahlman 4, ..R Notary Public-Arizona STATE OF ARIZONA } \ '� '� oima County } ss. b ;:Ti. �•f.',...--:.�;•;rvlon .,--_• , A0 1 f 21, 8 COUNTY OF PIMA } This instrument was acknowledged before me this IP4) dayofAl9161- 1996 byTed W. Anderson 9 , .......4......:T ezi__________ No ry Pub will expire:Mycommissione //- le? p