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HomeMy WebLinkAboutEasements - 8/30/1994, Resolution 94-30, Accepting Roadway Easements for the extension of North First Ave. betwe F. ANN RODR IGUEZ.. RECORDER RECORDED DOCKET: 986 7 I�E:.C:ORDESD 1 i��•n I"'�.�F" PAGE: :1.876 'II: r-��.J-�-�; r��r::�:��r-� r::r� jet" = �: NO. OFPAGES: 34 m 2003 RD 1 C. �. SEQUENCE: 94168474. SOROV 4zerff b 08/30/94 TOWN OF ORO VALLEY RES 15:42:00 • 11000 N LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 18.SC EASEMENTS FOR THE EXTENSION OF NORTH FIRST AVENUE RESOLUTION NO. (R)94-in A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING ROADWAY EASEMENTS FOR THE EXTENSION OF NORTH FIRST AVENUE BETWEEN ORACLE ROAD AND LA RESERVE DRIVE; AND ACCEPTING LA RESERVE DRIVE BETWEEN THE NORTH FIRST AVENUE EXTENSION AND ORACLE ROAD. WHEREAS, the Intersection of La Reserve Drive and Oracle Road has been demonstrated to meet traffic signal warrants; and WHEREAS, the Intersection of La Reserve Drive and Oracle Road is in a location that if signalized, would obstruct progressive traffic signal coordination along Oracle Road; and WHEREAS, the extension of North First Avenue from the existing traffic signal at Oracle Road to La Reserve Drive would Provide access to a signalized intersection for those currently using the unsignalized intersection of La Reserve Drive and Oracle Road; and WHEREAS, the public will be better served by a convenient, signalized access to Oracle Road. THEREFORE, BE IT RESOLVED THAT THE ORO VALLEY TOWN COUNCIL: 1) DOES HEREBY ACCEPT ROADWAY EASEMENTS FOR THE EXTENSION OF NORTH FIRST AVENUE between Oracle Road and La Reserve Drive. 2) THE COUNCIL FURTHER ACCEPTS AN EASEMENT FOR LA RESERVE DRIVE between the extension of North First Avenue to Oracle Road. 3) THE MAYOR IS HEREBY AUTHORIZED TO EXECUTE AND ACCEPT SAID EASEMENTS ON THE TOWN'S BEHALF. PASSED this •15th day of JUNE , 1994, by the Mayor and Town Council of the Town of Oro Valley, Arizona. /6e"...0 Richard S. Parker, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk (0-/Co-qg DATE APPROVED AS T• O' ► • 40P," / /`. Tobin C. Sidles ILi 1 When Recorded Return to: Town of Oro Valley do Town Clerk 11000 North La Canada Drive Oro Valley, Arizona 85737 GRANT OF EASEMENT La Reserve Homeowners Association (Grantor), subject to the acceptance bythe Town P of Oro Valley of this instrument and the grant of easement contained herein, doesant unto o the Town of Oro Valley, a body politic (Grantee), an easement for ingress, egress and underground gi' gr gr and public utilities, over and across the following described realro (the Easement P PertY :) SEE EXHIBIT A ATTACHED HERETO 1. Purpose of the Easement. The Easement hereby granted shall be for the construction, establishment, and use of a public roadway, together with necessaryunderground public utilities, over and across the land and, in particular, as a public roadway connecting Oracle Road to La Reserve Drive, all as shown on the map attached as Exhibit B. Grantor shall have the right of use of the Easement in common with others. 2. Repair and Maintenance. Grantee shall be solely responsible for all maintenance and repair of public roadway and utilities, and shall indemnifyand defend Grantor from and against g any and all claims, liabilities, costs and expenses, including attorneys fees, relating to or arising out of the use thereof. Landscape maintenance shall continue to bePe rformed bythe Grantor for the term of easement. no C7 10Q ? 3. Term of Easement. The Easement hereby granted shall be perpetual; provided, however, that should Grantee close, abandon and vacate the public roadway the Easement shall automatically expire and be deemed abandon and all right, title and interest in the land shall automatically revert to the Grantor, it's successors or assigns. 4. Successors and Assigns. The terms and provisions hereof shall be binding upon successors and assigns of the parties hereto. DATED: GRANTOR: GRANTEE: Acceptance by Town of Oro Valley LA RESERVE HOMEOWNERS ASSOCIATION B -Ar By 1) Z/ �� Mayor Richard Parker 00C1 1 000 t ► STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this 22-dayo " f �--u , 1994 by La R.eserve Homeowners Association. ZJIrZ .mac, Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. County of Pima ) . )191/ The foregoing instrument was acknowledged before me this g dayoffl /jQct , the Mayor of the Town of Oro Valley, on behalf of the Town of Oro Valley. y dek jr. Notary blic My Commission Expires: OFFICIAL SEAL R KATHRYN E.CUVELIE q -�� .- Notary Public-Arizona 7 7' / PIMA COUNTY S My Commission Expires July 27, 1995 nnr — — EXHIBIT "A" LEGAL DESCRIPTION LA RESERVE DRIVE RIGHT-OF-WAY DEDICATION This roadway, dedicated to the Town of Oro Valley, and all public utilities, and public and private water and sewer companies, for the purpose of ingress, egress, and the installation, maintenance and operation of above ground utility facilities and above ground appurtenances and public and private water and sewer facilities over that portion 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 one quarter corner of said Section 7; THENCE South 89° 35' 39" East, a distance of 351.47 feet to a point on the arc of a non-tangent curve concave to the East, having a radius of 380.00 feet, a radial line of said curve through said point having a bearing of North 79° 32' 32" West, said point being on the right-of-way of La Reserve Drive (El Conquistador Way) as described in Docket 7839, Page 463; THENCE Northerly along the arc of said curve, to the right, a distance of 13 3.5 7 feet through a central angle of 20' 08' 20" to a point of tangency; THENCE North 30° 35' 47" East, a distance of 170.87 feet to a point of curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve,to the left, having a radius 320.00 feet and a central angle of 87' 00' 00" for an arc distance of 485.90 feet to a point of tangency; THENCE North 56°24' 13" West, a distance of 257.94 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Northwesterly along the arc of said curve, to the right, having a radius of 380.00 feet and a central angle of 56° 00' 37" for an arc distance of 371.47 feet to a point of tangency; THENCE North 00. 23' 36" West, a distance of 124.52 feet to the POINT OF BEGINNING; THENCE continuing North 00° 23' 36" West, a distance of 326.13 feet to a point of curvature of a tangent curve concave to the Southeast; nnr -7 i (-Inn THENCE Northeasterly along the arc of said curve, to the right, having a radius of 380.00 feet and a central angle of 48°22' 29" for an arc distance of 320.83 feet to a point of tangency; THENCE North 47' 58' 53" East, a distance of 339.79 feet to a point of curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve, to the left, having a radius of 300.06 feet and a central angle of 90° 10' 34" for an arc distance of 472.26 feet to a point of tangency; THENCE North 42' 11' 40" West, a distance of 254.60 feet to a point of curvature of a tangent curve concave to the South; THENCE Westerly along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 90' 15' 25" for a arc distance of 39.38 feet to a point of compound curvature of a tangent curve concave to the Southeast, said point being on the Easterly right-of-way line of the Tucson-Florence Highway; THENCE Northeasterly along said right-of-way of the Tucson-Florence Highway along the arc of said curve, to the right, having a radius of 16,270.23 feet and a central angle of 00' 29' 38" for an arc distance of 140.22 feet to a point on the arc of non-tangent curve concave to the East, a radial line of said curve through said point having a bearing of North 41' 57' 28" West; THENCE Southerly leaving said right-of-way of the Tucson-Florence Highway along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 90' 14' 12" for an arc distance of 3 9.3 7 feet to a point of tangency; THENCE South 42' 11' 40" East, a distance of 234.67 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Southeasterly along the arc of said curve, to the right, having a radius of 395.00 feet and a central angle of 37' 49' 01" for an arc distance of 260.71 feet to a non-tangent line; THENCE South 11° 50' 07" West, a distance of 133.49 feet to a point on the arc of a non-tangent curve concave to the Northwest, a radial line of said curve through said point having a bearing of South 74' 39' 52" East; THENCE Southwesterly along the arc of said curve, to the right, having a radius of 380.00 feet and a central angle of 32' 38' 45" for an arc distance of 216.51 feet to a point of tangency; THENCE South 47' 58' 53" West, a distance of 334.79 feet to a point of curvature of a tangent curve concave to the Southeast; fnQc _7 ' ant THENCE Southwesterly along the arc of said curve, to the left, having a radius of 320.00 feet and a central angle of 48° 22' 29" for an arc distance of 270.18 feet to a point of tangency; THENCE South 00' 23' 36" East, a distance of 326.13 feet; THENCE South 89° 36' 24" West, a distance of 60.00 feet to the POINT OF BEGINNING. • ,_ QRc7 pan ') t i &I//5/r "5 " , , , , I �- i . , CUI Vc L74r4 1 1 G V R L MA fC:4 L 1 k.1 f..- 1 g RO.&. , _._.; _._ oll . Z 2 .,C.---,•:.�.. � 1373%57 427.45 G:t':Ef T N 2 W 251 �f0" ST'bO' w CO" 1 20.00 i 4SS, -1 - ,G7 (24.5v 2 5G°C30 1 -•i" 1 sao.001 371,4-7 102.c9 1 1 3 t • NS 0 NI k4j1 ?0 <3 1/ - ;,/, I" Zco' V i 2 c;- 1 LA ge5Eieve P',Ve• .. (Ed. Co#JJ, rAQ WMA') OKT 78 4-ed5 �• 'I° 0' N\ \I\ . N 7.9° f 1� 321 k/ 0 $ 89o- '` 60 514 Cod 3519 7' t7 T125 i 14E Ser 1 0r z - CP 7 tan ) t � 4, N�ti CYC F? �3 . r s'b-� 5 — � . 1/7 ACv�e Ve D�TA C: R L T o t �► .,r= ij 22 3�.co 320,83 /70. C('\ ffr . 05 lOe)101 �4" 3'.00,0(0 472.2G ?.moo.'MD tl ® ° 151 25" 2S.oc2 5. ct 0 CO° 211 "t8`' 1C,03270,25 1 40.22 74 15 ® cYOo 14' 12' 25. �..b7 Z5,to 0! 9 0 1 �� Q 3? 49 O1 3�5, 2oo,7c 1�5.3o ' 72° 4E3' 45" moo, 9 2►c,,st t1 2 r4801 11 22 29 520,M4 Z70,/8 14 .73 1 _ _ LA REs�; �e vE � i v6 'CAA' ((L C r.4Qu sSTA.CGt way DKr. 7815c, Al --- - w . • tO 41 - 0 l 8 • o 0 MATC1,4 L 1Ije S °hiss 24"iN, CcO.001 G4T 1\ 1'0E5• • •i v 1 741 \ 0 ex i ,e ! r 8 of‘71 qRF7 1904 When Recorded Return to: Town of Oro Valley c/o Town Clerk 11000 North La Canada Drive Oro Valley, Arizona 85737 GRANT OF EASEMENT Fidelity National Title Agency, Inc., an Arizona Corporation, as Trustee under Trust #50,009 (Grantor), subject to the acceptance by the Town of Oro Valley of this instrument and the grant of easement contained herein, does grant unto the Town of Oro Valley, a bodypolitic Y (Grantee), an easement for ingress, egress and underground public utilities, over and across the following described real property (the Easement): SEE EXHIBIT A ATTACHED HERETO 1. Purpose of the Easement. The Easement hereby granted shall be for the construction, establishment, and use of a public roadway, together with necessary underground public utilities, �' over and across the land and, in particular, as a public roadway connecting Oracle Road to La Reserve Drive, all as shown on the map attached as Exhibit B. Grantor shall have the right of use of the Easement in common with others. 2. Repair and Maintenance. Grantee shall be solely responsible for all maintenance and repair of public roadway and utilities, and shall indemnify and defend Grantor from and against any and all claims, liabilities, costs and expenses, including attorneys fees, relatingto arising or arg out of the use thereof. nnr -'t nnr- 3. Term of Easement. The Easement hereby granted shall be perpetual; provided, however, that should Grantee close, abandon and vacate the public roadway the Easement shall automatically expire and be deemed abandon and all right, title and interest in the land shall automatically revert to the Grantor, it's successors or assigns. 4. Successors and Assigns. The terms and provisions hereof shall be binding upon successors and assigns of the parties hereto. DATED: L 9'/z./ GRANTOR: GRANTEE: Acceptance by Town of Oro Valley Fidelity National Title Agency, Inc. Trust #50,019. , and not in its corpor. - C. eacity / /2' /9// evin Wench/ y h/ Ma or Richard Parker , Senior Trust Officer nQc ' ' onc STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this 19 t tiay of August , 1994 by Kevin French, Senior Trust Officer, Fidelity National Title Agency, Inc., an Arizona Corporation as Trustee under Trust #50,009, and not in its corporate capacity. ' LI • a otary Public OFFICIAL SEAL My re ' sioNr6141T0 RO k4"4"9„,) NoNotary Public . Arizona PIMA COU TY AOMMMW STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this 04 dayof g cc. * , the Mayor of the Town of Oro Valley, on behalf of the Town of Oro Valley. by; (r9, Notary1'ublic My Commission Expires: OFFICIAL SEAL * #'� KATHRYN E. CUVELIER Notary Public-Arizona *1'," ' PIMA COUNTY My Commission Expires July L7. 1°95 n0 1 nn "7 i exiir A /I 0 WL8 181057-3-001-0601 41 July 13, 1993 LA RESERVE ROADWAY ACCESS ANO UTILITY EASEMENT That portion of the East One-Half (E 1/2) of Section 7, Township i P 11 South, Range 14 East, Gila and Salt River Mer follows • Meridian, pima County, Arizona described as COMMENCING at the South One-Quarter corner of the said Section T- THENCE N 00'20'38" W, along theNorth-South North South m1d-sectzon line, feet to the POINT OF BEGINNING, a distance of 1374.61 THENCE N 00'20'38" W, along the 9 said line a distance of 50.00feet,- THENCE N 89'39'22" E, 10.00 feet to the West right-af-wa of Y La Reserve THENCE S 00'20'38" E, along • feet• the said right-of-way, a distance of 50.00 THENCE S 89'39'22" W, 10.00 feet to the POINT OF BEGINNING. Prepared by: THE = GROUP, INC. - A ','N'"*.4' Kenneth E Zifsraa n, R.L.S. ted Land #. -7 r be 0/4 4.546z.7#a 'to Kenneth E. Esmann ' 7 '/-1 / 9•/=aC' 31• �� • :_ee N' n' '''.-.:4- TQSIA7 IQflR uuo /* nib inlreMPOMPID lirErSTV3t4.11"Stri`l MUMS -- - trial � =s :1 Airuin • aNy SSS AVMYOd 3A3S Vi IX "Ms 2. MEE _= 10, • o W I � � I � I acrd Iv, go m %51` I o m � �-mess • 3A0' J.Sl� 'Nst70 I 1X3 M o .. I .013 I g jigiltix_? I/ // • i When Recorded Return to: Thomas Golden c/o Marc Simon May 21, 1994 1500 Norwest Tower Onev South Church Tucson, AZ 85701 - , \.1 , `A‘ `( k' L1 " • 1 GRANT OF EASEMENT Canada Del Oro Partners, an Arizona General Partnership (Grantor) , for valuable consideration, subject to the acceptance by the Town of Oro Valley of this instrument and the grant of easement contained herein, does grant unto the Town of Oro Valley, a body politic (Grantee) , an easement for ingress, egress and underground public utilities, over and across the following described real property (the Easement) : SEE EXHIBIT A ATTACHED HERETO 1. Purpose of the Easement . The Easement hereby granted shall be for the construction, establishment, and use of a public roadway, together with necessary underground public utilities, over and across the land and, in particular, as a public roadway connecting Oracle Road to La Reserve Drive, all as shown on the map attached as Exhibit B. Grantor 1 0 Q a 7 141n .- Af 1 shall have the right of use of the Easement in common with others and shall construct and install the street improvements thereon. 2 . Right of Realignment . Grantor shall have the right at its own expense at any time to realign the Easement as may be reasonably necessary in connection with the development of its adjacent land, provided that the Easement, as realigned, continues to establish reasonably direct (no longer than 1, 100 feet in length) legal access for ingress, egress and public utilities from Oracle Road to La Reserve Drive, complies with current Oro Valley subdivision street standards, and meets and abuts Oracle Road on the easterly side thereof, in general alignment with the westerly intersection of Oracle Road and First Avenue. Should Grantor wish to accomplish such realignment, Grantor shall submit plans for same to Grantee for Grantee' s review and approval, which shall promptly be reviewed and approval not unreasonably withheld. The approved realignment shall be set forth in an amendment to this Easement executed and recorded by Grantor and accepted by Grantee. 3 . Repair and Maintenance . Grantee shall be solely responsible for all maintenance and repair of the Easement, and shall indemnify and defend Grantor from and against any and all claims, liabilities, costs and expenses, including attorneys fees, relating to or arising out of the use thereof. 2 n C) r ..T 1 f1 G o 1 r.rT' e,c• 4 . Term of Easement . The Easement hereby granted, as the same may be realigned, shall be perpetual; provided, however, that should Grantee close, abandon and vacate the public roadway or in the event the Easement is not extended to intersect with La Reserve Drive by Grantee acquiring a connecting easement on, over and across the land adjacent on the easterly end of the Easement to provide for public road access to La Reserve Drive as shown on Exhibit B, by December 31, 1994, then in either event, the Easement shall automatically expire and be deemed abandoned, and all right title and interest in the land shall automatically revert to Grantor, its successors or assigns . 5 . Agreement of Grantee. By its acceptance of this Grant of Easement, Grantee agrees to take such action as may be necessary to acquire such additional land or rights of way as may be necessary to connect the Easement to La Reserve Drive. Grantee further agrees that in connection with the future development of Grantor' s adjacent land, as shown on said Exhibit B, the parcels on either side of the Easement can together be deemed to be one parcel, and not two by the Grantor, for all purposes of zoning and development regulations under all ordinances of Grantee. 6 . Successors and Assigns . The terms and provisions hereof shall be binding upon successors and assigns of the parties hereto. DATED: 3 no7 I 0 17 0 c-, c-r •2, #4)0 GRANTOR: GRANTEE: Acceptance by Town of Oro Valley CANADA DEL ORO PARTNERS 4 y By E. lake Hastings, as own Mayor Ma ager and Managing General Partner of the John E. Rooney Family Limited Partnership, a Delaware Limited Partnership, General Partner of Grantor O K L I9 HaM,q STATE OF ) 7-'v t,std ) s s. County of Pima The foregoing instrument was acknowledged before me this a t day of jAilci , 1994 by E. Blake Hastings, Ci as Manager and as Managing General Partner of the John E. Rooney Family Limited Partnership, a Delaware Limited Partnership, General Partner of Canada Del Oro Partners, on behalf of Canada Del Oro Partners, an Arizona General Partnership. Notary Public My Commission Expires: /q 11/ 4 ExPisir 8 Sgeer 4 OF a STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me �'l da of PrU5l + JP.LCRizb P1RkE12 , the this y Mayor of the Town of Oro Valley, on behalf of the Town of Oro Valley. //46E 1/u/ (1.444,,,exL Notary ublic My Commission Expires: OFFICIAL SEAL KATHRYN E. CUVELIER 7- ?. 7- 16 .\•1;4* Notary Public-Arizona PIMA COuNTY My Commission Expires July .7, 1995 Approved: Cit for =y 400", Town Clerk: aLairlA • 4-‘444-6L (2442Actil,t-4,10-(, R.) 94-30 Dated Lo- 5 '4 TUX1:S IMONM / 8014744.1 DOC 7 t n l 1. ExH,e,r S. 5iky5op s T ' WLB No. 181057-B-001-0602X June 10, 1994 Group mc EXN4151TAlt REVISED DESCRIPTION OF FIRST AVENUE EXTENSION That portion of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the South One-Quarter (S 1/4) corner of said Section 7; THENCE N 00°20'38" W, along the North-South midsection line of said Section 7, a distance of 1,374.61 feet to the POINT OF BEGINNING; THENCE S 89°39'22" W, a distance of 198.79 feet to a point of curvature of a tangent curve concave to the North; THENCE Westerly along thearc of said curve, to the right, having a radius of 345.00 feet and a central angle of 43°12'51" for an arc distance of 260.21 feet to a point of tangency; THENCE N 47°07'47" W, a distance of 220.00 feet; THENCE N 50°06'59" W, a distance of 230.28 feet to a point on the arc of a non-tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of N 47°14'43" W, said point being on the Southeasterly right-of-way line of ORACLE ROAD; THENCE Northeasterly along said Southeasterly right-of-way line, along the arc of said curve, to the right, having a radius of 16,270.22 feet and a central angle of 00°15'38" for an arc distance of 74.00 feet to a non-tangent line; THENCE S 44°08'35" E, a distance of 230.26 feet; THENCE S 47°07'47" E, a distance of 220.00 feet to a point of curvature of a tangent curve concave to the North; THENCE Easterly along the arc of said curve, to the left, having a radius of 295.00 feet and a central angle of 43°12'51" for an arc distance of 222.50 feet to a point of tangency; THENCE N 89°39'22" E, a distance of 198.79 feet to the North-South midsection line of said Section 7; c] OC7 loll eXiiii3ir 5/leer 6 clog' Th WLB No. 181057-B-001-0602X June 10, 1994 Groupc. Page 2 - First Avenue THENCE S 00°20'38" E, along said North-South midsection line, a distance of 50.00 feet to the POINT OF BEGINNING. Containing 1.085 acres, more or less. Prepared by: 01.•N, THE WLB GROUP, INC. i1/4G ,0 CAF .p` ° 14145 9 to tei JAMES L. , 0-3 James L. Dean, R.L.S. ° DEAN .: e '9 Aed '• N A, 00C / trite gxH,o'i18,, /er7oE 1 i E)(14151T. "5" eiC)./ c,/// P oc)'' c) 7. O 6, h 1 • O ki w •� S I 6` '' cn + 1 '�sp.�'�3 w O O ;� z s9 vim. 4Q.1O z � OI 70.0 .pp-, ,, v i w 4/ TDo 1r• ,O o 'o 0 5r.)., .P 50 . 0 ' v) C - I 3 N89'39'22”E Z 1-1-i198.79J .. Co C Fo In O w • O O N 198.79' Lf) o S8939'22"y 0 TOTAL. AREA = 1 . 085 t ACRES P.O.B. M I w r;^- ZD 4• C1 043.12 '51 ' 345. 00 260.21 254. 09 N68.44 ' 13'W N N C2 000. 15'38' 16 270.22 74. 00O 74 . 00 N42 53 06 E O C3 043. 12 '51 ' 295. 0 0 222.50 217.26 S68.44 ' 13'E Z A:tro CAN()6, v)700 do SOUTH 1 /4 COR. w 14145 • '` DAMES L , • SECTION 7 to o DEAN " res �' c .111/' i•Ae& - 4 � ,•-4 W 9 __rr�� REVISED .- 1 '� SKETCH SHOWING PROPOSED 1"=1 •' o The • FIRST AVE. EXTENSION E9 WLB SEC.7 T-12-S, R-14-E ,,"g Group 11 IIIF G&SRM, PIMA COUNTY, ARIZONA 181057-B-001-0602X o " eX,L/,e,r5. Smar 8 ergs EXHIBIT "c" LEGAL DESCRIPTION LA RESERVE DRIVE RIGHT-OF-WAY DEDICATION This roadway, dedicated to the Town of Oro Valley, and all public utilities, and public and private water and sewer companies, for the purpose of ingress, egress, and the installation, maintenance and operation of above ground utility facilities and above ground appurtenances and public and private water and sewer facilities over that portion 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 one quarter corner of said Section 7; THENCE South 89' 35' 39" East, a distance of 351.47 feet to a point on the arc of a non-tangent curve concave to the East, having a radius of 380.00 feet, a radial line of said curve through said point having a bearing of North 79' 32' 32" West, said point being on the right-of-way of La Reserve Drive (El Conquistador Way) as described in Docket 7839, Page 463; THENCE Northerly along the arc of said curve, to the right, a distance of 133.57 feet through a central angle of 20' 08' 20" to a point of tangency; THENCE North 30' 35' 47" East, a distance of 170.87 feet to a point of curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve,to the left, having a radius 320.00 feet and a central angle of 87' 00' 00" for an arc distance of 485.90 feet to a point of tangency; THENCE North 56'24' 13"West, a distance of 257.94 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Northwesterly along the arc of said curve, to the right, having a radius of 380.00 feet and a central angle of 56' 00' 37" for an arc distance of 371.47 feet to a point of tangency; THENCE North 00' 23' 36" West, a distance of 124.52 feet to the POINT OF BEG G; THENCE continuing North 00' 23' 36" West, a distance of 326.13 feet to a point of curvature of a tangent curve concave to the Southeast; noc -7 I n , o ' Asi ' THENCE Northeasterly along the arc of said curve, to the right, having a radius of 380.00 feet and a central angle of 48' 22' 29" for an arc distance of 320.83 feet to a point of tangency; THENCE North 47' 58' 53" East, a distance of 339.79 feet to a point of curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve, to the left, having a radius of 300.06 feet and a central angle of 90' 10' 34" for an arc distance-of 472.26 feet to a point of tangency; THENCE North 42' 11' 40" West, a distance of 254.60 feet to a point of curvature of a tangent curve concave to the South; THENCE Westerly along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 90' 15' 25" for a arc distance of 3 9.3 8 feet to a point of compound curvature of a tangent curve concave to the Southeast, said point being on the Easterly right-of-way line of the Tucson-Florence Highway; THENCE Northeasterly along said right-of-way of the Tucson-Florence Highway along the arc of said curve, to the right, having a radius of 16,270.23 feet and a central angle of 00' 29' 38" for an arc distance of 140.22 feet to a point on the arc of non-tangent curve concave to the East, a radial line of said curve through said point having a bearing of North 41' 57' 28" West; THENCE Southerly leaving said right-of-way of the Tucson-Florence Highway along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 90' 14' 12" for an arc distance of 39.37 feet to a point of tangency; THENCE South 42' 11' 40" East, a distance of 234.67 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Southeasterly along the arc of said curve, to the right, having a radius • of 395.00 feet and a central angle of 37' 49' 01" for an arc distance of 260.71 feet to a non-tangent line; THENCE South 11' 50' 07" West, a distance of 133.49 feet to a point on the arc of a non-tangent curve concave to the Northwest, a radial line of said curve through said point having a bearing of South 74' 39' 52" East; THENCE Southwesterly along the arc of said curve, to the right, having a radius of 380.00 feet and a central angle of 32' 38' 45" for an arc distance of 216.51 feet to a point of tangency; THENCE South 47 58' 53" West,a distance of 334.79 feet to apo int of curvature of a tangent curve concave to the Southeast; 0 Q C I Q I n roc THENCE Southwesterly along the arc of said curve, to the left, having a radius of 320.00 feet and a central angle of 48'22' 29" for an arc distance of 270.18 feet to a point of tangency; THENCE South 00' 23' 36" East, a distance of 326.13 feet; THENCE South 89' 36' 24" West, a distance of 60.00 feet to the POINT OF BEGINNING. • • (loc ." 1 nen 5 Or'5 1 . ! 1 1; 1 . . CuvE or4 I 1 h ` R t... r i 20 05 20 ,. .:n 133,57 67.45 t EE T 2 Ni Oo'23' X40"w Si .00' 00" S20.00 i 45s.%13. 7 !24.52' ' c/ & 37" 350.00, 371,4 202.1>i I ,(:)0 . .s6o NI 44• ese ' -I, T 1.° /11-t:2 '� < Iw u) I6r RAJ Li 'e cr.I 4* rescxyc prive. .. ...• ...... (Et. coetiqtiismcne •W4fl . -- _ _ _ 17Kr 78 403 7e4� 43 1 N 7'9° f a (7) o � '� W S8�3 35 DIE 32 (R) 5/1-4 C . 351. 4-7' 97 T125 8146 . QPC -7 1 Q9 1 A .,c C 1 ,` Q 49 1.'a 4 0 �v _ 8 9/C cr , ar'ic ; 7rC AQ* . 'C• it, 9 _ •s ./-.. ® - '-') •, A Curve 047-,4 • , 4-1\:<' A RIL 1 r o .a ® 46°2212," 3&O.co 320,8'S 170.(c$ oc� irr ‘ Q 'o01 o' .4" 3©p.of 472.26, So0.9e �'` 0 go° 15' 25 25.00 3c2), 25.11 -0 00 29 140,210.23 140,22 70,15 ® ':: (:7° t4' Ya ' 25. �."b7 Z5.to • 0 ® 3?°49' 011' 30)5, 2:1o.71 1-5s.3o a • '2o. ' 45" mo, 2(C0.S 1 (11.2$ • a 48°121 29" 520. Z70.18 14 :75 LA REsegivE CtIv6 '/W - In (tL. C.4QuISTAcC4 ‘4JAy) 4 .4+• N DKr. 78 M,4,4,3 n ter_._- • w `Y • • • ._L__.. .._ in S... es Q No$ . o o yjA.T04 1.11,1e 1 0 5 e►° 'Zai'w, 44.oa' G4T 1 I‘Ltrp,..,0-, S S S 1 � 1 V 1 0 CI P. al v QR7 1 (199 o): cs' AGREEMENT FOR TIlE GOF ROADWAY AND SIGN EASEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, La Reserve Homeowners Association, an Arizona non-profit corporation ("HOA") , The Town of Oro Valley, a body politic ("Town") , Fidelity National Title Agency, Inc. , an Arizona corporation, as Trustee under Trust No. 50, 009 ("Trust") and Canada Del Oro Partners, an Arizona general partnership ("CDO") execute this Agreement for the Grant of Roadway and Sign Easement in recognition of the following facts and intentions: A. Currently, there is a traffic signal light located at the intersection of First Avenue and Oracle Road in the Town ("Oracle Road Intersection") . B. The HOA is the owner of a private roadway known as La Reserve Drive that intersects with First Avenue at a point east of the Oracle Road Intersection ("La Reserve Intersection") . C. CDO owns the real property located between the Oracle Road Intersection and the La Reserve Intersection ("CDO Property") . The Town desires to establish, construct and maintain a roadway between the Oracle Road Intersection and the La Reserve Intersection over and across the CDO Property. D. The Town also desires to establish and maintain a roadway easement over and across (1) a 10 foot strip of real property owned by the Trust separating La Reserve Drive from the CDO Property ("Trust Easement Property") , and (2) La Reserve Drive from the La Reserve Intersection northwesterly to Oracle Road ("La Reserve Easement Property") . NOW, THEREFORE, the parties agree: 1. Incorporation of Recitals. The foregoing recitals of fact and intention are true and correct, and constitute an integral part of this instrument. n 1 nor) 2 . Trust Easement. The Trust shall grant unto the Town an easement for ingress and egress over and across the Trust Easement Property for the purposes of allowing First Avenue to be connected to La Reserve Drive, which Trust Easement Property is legally described on Exhibit "A" attached hereto and incorporated herein by this reference. 3 . CDO Easement to Town. CDO shall grant unto the Town an easement for ingress, egress and underground public utilities, over and across the CDO Property, attached as Exhibit "B" hereto and incorporated herein by this reference; provided that the location of the roadway and related utilities may be changed by mutual agreement between the Town and CDO at such time as the Town shall approve a development plan for the CDO Property, so as to minimize its effect upon the future development of the CDO Property as long as (a) the points of connection to Oracle Road and La Reserve Drive shall remain constant at the Oracle Road Intersection and La Reserve Intersection, respectively, (b) the total length of the roadway easement shall not exceed 1, 100 feet from the Oracle Road Intersection to the La Reserve Intersection and (c) the roadway easement must comply with the Town subdivision street standards, as the same may be amended. 4. CDO Easement to La Reserve. In addition to the foregoing roadway easement, CDO shall grant unto La Reserve, and La Reserve shall accept from CDO, an easement on the CDO Property near the (a) La jteserve Intersection for the purpose of permitting La ,at its Reserv4to erect and maintain directional and informational traffic cost and signs and/or monument signs, and (b) Oracle Road Intersection for expense, the purpose of permitting La Reserve, at its cost and expense, to be allowed to use a reasonable portion of the monument sign that CDO intends to erect and maintain; provided that such monument signage at the Oracle Road Intersection shall be consistent with the signage on the existing Sheraton El Conquistador monument sign at Oracle Road and El Conquistador Way. 5. La Reserve Easement. La Reserve shall grant unto the Town an easement for ingress and egress over and above La Reserve Easement Property, which is legally described on Exhibit "C" attached hereto and incorporated herein by this reference. 6. Town Acceptance of Easements and Maintenance of Roadways. The Town shall accept the easements granted herein to the Town, and shall maintain such easements at its sole expense (provided that La Reserve shall maintain such landscape improvements that may be installed within such easements) . Notwithstanding the foregoing, the Town, at its sole expense, shall transplant and install a minimum of 20 specimen trees to be placed along the CDO roadway easement and shall construct a permanent irrigation system to maintain such trees adequately. In addition, the Town, individually or in conjunction with the Arizona Department of Transportation, shall be responsible for all costs associated with the traffic 2 signal light modification in connection with the La Reserve Intersection, and shall install extruded curb along First Avenue and connect such curb to the existing extruded curb along La Reserve Drive at the La Reserve Intersection. The Town shall maintain the easements at the La Reserve Intersection and along La Reserve Drive in a manner consistent with the balance of La Reserve Drive. 7. CDO Improvement Obligations. CDO, at its sole expense, shall construct the street surfacing improvements for the extension of First Avenue to the La Reserve Intersection in accordance with plans and specifications previously approved by the Town, the Trust and La Reserve, and shall provide an electrical stub-out and a water stub-out at the La Reserve Intersection. 8. Indemnification by Town. The Town shall indemnify and hold harmless the Trust, La Reserve and CDO from and against any and all claims, liabilities, costs and expenses, including attorneys fees, relating to or arising out of the use of the easements granted to the Town herein. 9. Non-Exclusive Rights. The easements to be created and granted as contemplated herein shall be on a non-exclusive basis. 10. Term of Easements.. The easements to be created and granted as contemplated herein shall be perpetual; provided, however, if the Town shall close, abandon and/or vacate the roadways on the easements granted herein, the easement(s) so closed, abandoned and/or vacated shall automatically expire and revert to the respective grantor and their successors or assigns. 11. Binding Effect. The terms of the easements shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and are intended to run with the land affected thereby. IN WITNESS WHEREOF, the parties have executed this Agreement for the Grant of Roadway and Sign Easement to be effective as of July o?=, 1994 . HOA: LA RESERVE HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation By �...•. Its 3 TRUST: FIDELITY NATIONAL TITLE AGENCY, INC. , an Arizona corporation, as Trustee nFler Tr- , t No. 50, 009, and not in s c• •.r capacity By _ )KAlr evin Ftench ts: Senior Trust Officer CDO: CANADA DEL ORO PARTNERS, an Arizona gener artners i By �. . Blake Hastings, as Manager TOWN: TOWN OF,'ORO VALLEY a body politic By Richard Parker, Mayor ATTE T: (f. 14„6„'/ Clerk APPROVED BY TRUST BENEFICIARY: GWS, an Arizo24 general partnership By 1 ' L Its �� �� � STATE OF ,ARI ZONA ) ss. COUNTY OF' PIMA ) 4' o July, I D D SWORN to before me this -2 day 1994, by. 9 - 9'7La4' - as r of La Reser Homeowners Association, an Arizona non rofit corporation. My Commission Expires: Notary Public 4 not_ "7 1 ni) C STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) SUBSCRIBED AND SWORN to before me this 19th day of August, 1994, by Kevin French, as Senior Trust Officer of FIDELITY NATIONAL TITT r_Fury T)TC a r n r-= zona corporation, as Trustee der Trust No. 5w99.i& R ?;r&;r9ona OFFICIAL SEAL 4.,.,.., , MAIJ M . = � NotaryPubli 1-----0—tx, My COMM. Expo O KLf1 Ho m y, STATE OF ) -TiJLS/9 ) SS. COUNTY OF ) SUBSCRIBED AND SWORN to before me this day of July, 1994, by E. Blake Hastings, as Manager of CANADA DEL ORO PARTNERS, an Arizona general partnership. Ily Commission Expires: /13.. ,, Q.,„2„-4-1,-/a 1 ??y NotaryPub � STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) ALLTA4it SUBSCRIBED AND SWORN to before me this' 02 day of , 1994, by Richard Parker as Mayor of the TOWN OF ORO VALLEY, a body politic. My Commission Expires: 7-01 7 Notary ublic }� OFFICIAL SEAL =: KATHRYN E. CUVELIER STATE OF ARIZONA Valk"; Notary Public-Arizona -- PIMA COUNTY ) ss. My Commission Expires July 27, 1595 COUNTY OF PIMA ) SUBSCRIBED AND SWORN to before me this a5 day of = , 1994, by / lt-/12VA11 . CU.0 EL Etta as Clerk of the TOWN OF ORO VALLEY, a body politic. My Commission Expires: 2 (-111914.r- Notary Public OFFICIAL SEAL ": RACHAEL BARTELS 4kW. NOTARY PUBLIC it PIMA COUNTY My Commission Expires i•piii iu. id::J �rpriis.:Y rz^f:: . aA '7 10 ') 7 _ .�••....:.�, 'V L.iH-•ILLry r- t Y I UtlJ , LL F-6' '-952 P-009 JUN 15 '94 1 • . •A•�• • •..�• •.••I•M.M••..Imo♦�N w•.., 1�� ��•��• ,.Y•�. •'._., 1 •.• wW.. ..w.s♦._. • .�C.r/41irv.{ . iL.•....j:.Lfif'_r 1..1•x.r♦/..2.�=::1AV 1-11.:iT• r..�% ••/i::•M .•11.7:•V.;'•. • C • .. ‘I 6: •. _ . • •a WL8 181057-8-001-0601 - • • Jul I3 le, Y , 1993 4 • • LA RESERVE • ROADWAY ACCESS AND •UTILITY EASEMENT 1 i • •hat portion of the East �e-ia)f (E 1!2) of Section 1Toi: I SouthRaugeand Salt R� rer � i adescribedas,follows: COMMENCING at the South On . One-Quarter corner of the said S --• ect1 on 7, _ •• •..www.•.= :!t•f..:±THecE.• • 20.38.1 :::-. • ►•n• •+ . ••r7b7 •.te -:w•w..:�T::::::-%•.=:::....-._ :i?.!i�-..•.'•... ......•. ..._.ate• of 1374.81 feet to the on l ire, a distance.. ••. POW OF Banana. THENCE N 00•Zo•3811 W, said along the line a dist • encs of 50.00 feet; THENCE N $9'39'zZ'' E, 10.00 feet to the Vast r� t-of- Oily.; ay of La Reserve • T718CF S 00"2013811 E, along on the feet; said right-of-way, a distance o f 50.00 THENCE S 89'39'22' ii, 10.00 feet to the POINT OF 6EGI1ihtING. Prepared by:• . • • THE i : GROUP,• INC. -, ‘.,Kenneth •EiZ ,n, R.L.S. . • • • • • - . .*' - ,--.- - 4\''.:.• — .. • • • ( S ;Li46Z• • • .• ..,",klEmiiii.:.. ..:/ - . •- ..r . . . 1, . . . ... • L. • • ' -.• .. • . • . . \ ..,••• . • ....•- ! ,.. - ,.....,,..7„1,/,fs . , ., • . . • . .. . . 4111kitete4•,,--- •• .. . „� . • •\`. . . , ••;hosed: E.....*; ', ... . . . _ -,.. .. • \ ;• -.ice--�.'��. • - .. , • EXHIBIT "A" -�-! • Page 1 of 2 ..,:::...t,-....."''�'� • • • • • r'14r " • ! n ' n • ` 'r,1428 c &.JALLEY TOWN NNLL F—b -b5.:: r-v LY I LCI 1 • .=i4 1 r:• .AJi..ia,:.. r•:#•a4.11'��41:'rJ .Lrfriw. �ii•:'l.•}•:~�w....r... �-I�+iK•:w r•.,:.•,�r� i--i�w K.'i•i �M�.41.3M�iF1%wIF• ,... /�"y. ...... -�_L- -.77::7.••- .. ..... • • ( . . lir . S . - -I ir c J k._a ff. N . L VI gr..-... r p 010 LU N.T.S. : a O. > J • .. . :41.11 00 . ...t.........40 MST LAYEEXt 101 Q .Ul • Ai0 L AC . • Raa • ....4 t . . I I . I . i . it I . 1 ...••• a t .p I i 0 • t t • i s • � • • • �. , -�• ' "71.''F&•4; ' •.. ' • . . . • CD•RIPIERN .1 • SEC. T-.. • " . . �• ~ • 'i• .-.j • • • • . _ ,AVE • •• • • . • ••• '.......LA,RfEE;ERVE • ... ,.. .. .... •