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Home My WebLink AboutEasements - 8/1/1994, ROW Valley National Bank of Arizona (Grantor), TEP Electric Power Easement, Oro Valley Tow YOUR COPY TO KEEP RIGHT OF WAY EASEMENT VALLEY NATIONAL BANK OF ARIZONA,a national banking association,as Trustee (hereinafter referred to as"Grantor"), hereby grants to Tucson Electric Power Company, an Arizona corporation, its successors and assigns(hereinafter referred to as"Grantee"),an easement and right of way to construct,use,maintain,operate,alter,add to, repair,replace,reconstruct, inspect and remove at any time and from time to time electric lines and appurtenant facilities for the transmission and distribution of electricity, consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers, concrete pads, risers, poles, anchors, guy wires and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and communication facilities,in,over,under,across and along that certain real property described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Approval By: The Town of Oro Valley,as Lessee,under Lease-Purchase Agreement dated December 1, 1989, and rec ded in Bo 8684 at Page 1615. By: As: Mayor Grantor agrees for itself,its successors and assigns,not to erect,place or maintain,nor to permit the erection,placement or maintenance of any building,landscaping,earth fill,walls or fences upon the above herein described easement,which would impair the repair,maintenance or removal of any or all of the facilities. All systems,including electrical and communication installed by Grantee in and upon the above described easement and right of way shall remain the personal property of the Grantee and shall not be deemed a part of the realty. Grantee and its contractors,agents and employees shall have the right to trim or top such trees and to cut such roots and remove such obstacles that could endanger or interfere with said systems and shall have free access to said systems and every part thereof,at all times,for the purpose of exercising the rights herein granted. Grantee shall have the right during construction of the initial facilities, to use for the purposes incidental to said construction,a strip of land 10 feet in width adjacent and contiguous to the herein granted easement and right of way,said strip to be in whole or in part on either side of said easement and right of way,said right to use said strip of land ceasing and being terminated at such time as said initial construction is completed. Grantor shall not increase or decrease the ground surface elevation within the boundary of the above described easement and right of way existing at the date of the execution of this instrument. Subsequent to the construction,the ground surface shall not be penetrated to a depth in excess of 12 inches by any tool or implement,without having the underground facilities located and taking all necessary precautions to protect them. If subsequent to construction,the grade is changed in such a way as to require relocation of the facilities,the cost shall be borne by Grantor or subsequent owners. Grantor hereby agrees that these covenants are made for the above described real property which is the subject of this easement and right of way. In consideration of the mutual terms,covenants and conditions herein contained,this easement shall be binding upon and inure to benefit of any heirs,executors,administrators,permittees, licensees,agents,or assigns of Grantor and the successors and assigns of the Grantee. In witness hereof,the Grantor has executed these presents this day of t ,19 91/ VALLEY NATIONAL BANK OF ARIZONA,a national banking association,as Trustee BY: AS: STATE OF R Piz-04)A) )ss. COUNTY OF -I)/m A ) This instrument was acknowledged before me,the undersigned notary public,by as for Valleynational Bank Of Arizona this day of , 19 My Commission Expires: Notary Public PCN 94-1-064 W.O.23572 La Canada S/O Naranja • , 4 • EXHIBIT "A" Th WLB No. 192099-A-001-0900 June 14, 1994 Group mc Revised June 16, 1994 Revised June 17, 1994 DESCRIPTION OF TUCSON ELECTRIC POWER EASEMENT (Oro Valley Townhall Property) That portion of Section 11, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, being a strip of land 10.00 feet wide, lying 5.00 feet on each side of the following described centerline; COMMENCING at the Northwest corner of said Section 11; THENCE S 00°01 '41" E, along the West line of the Northwest One-Quarter (NW 1/4) of said Section 11, a distance of 631.99 feet; THENCE N 89°58' 19" E, a distance of 75.00 feet to the East right-of-way line of LA CANADA DRIVE; THENCE S 89°56' 10" E, a distance of 161.75 feet; THENCE S 00°01 '41" E, 92.46 feet to the POINT OF BEGINNING; THENCE continue S 00°01'41" E, a distance of 137.00 feet to a point of curvature of a tangent curve concave to the Northwest; THENCE Southwesterly along the arc of said curve, to the right, having a radius of 12.50 feet and a central angle of 90°05'31" for an arc distance of 19.65 feet to a point of tangency; THENCE N 89°56'10" W, a distance of 134.23 feet to the POINT OF TERMINATION on a line 15.00 feet East of and parallel with said East right-of-way line of LA CANADA DRIVE. TOGETHER WITH: That portion of Section 11, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, being a strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline; COMMENCING at the Northwest corner of said Section 11; THENCE S 00°01 '41" E, along the West line of the Northwest One-Quarter (NW 1/4) of said Section 11, a distance of 631.99 feet; THENCE N 89°58'19" E, a distance of 75.00 feet to the East right-of-way line of LA CANADA DRIVE; THENCE S 89°56'10" E, a distance of 161.75 feet; 0 . Tm &el 3 WLB No. 192099-A-001-0900 June 14, 1994 Group, Revised June 16, 1994 Revised June 17, 1994 Page 2 THENCE S 00°01 '41" E, 77.46 feet to the POINT OF BEGINNING; THENCE continue S 00°01 '41" E, a distance of 15.00 feet to the POINT OF TERMINATION. Prepared by: ,ALAN. THE WLB GROUP, INC. • 410 v 1145 DAMES L p`: ac O James L. Dean, R.L.S. DEMI e4 11,1 eS;.ne. Q �Z '. .q, c�. ON A1►� I d EXHIBIT IN 3 \ 2 II/ 10 .11 0 ,`� do _ , I•R 1" 50 • 14145 N �� JAMES L. ,•.• T. 12 S. o DEAN ; l R. 13 E. .% k` s • '•nods D � sQ:' ..% 9 ql • k ) it.---.;i . L/t/e. /9... . ....1\ . • W > . ; N . ,. 4` 0 • P.O.B.(15'x15 ma.) Q. _ _ ORO VALLEY .--.. • .,,,,,. v . •:..•:,:, < ... • _ .._ _ _. . . ... _ ... . . . .:::: ________ _ • Z _ .._ . ____ . .. -P.0.13.1icr Esc.) a< TOWNHALL PROPERTY :: : , V� • ,5, Q f. JI i*i .. :SI !!..,:..::' i.' .:..:.:..:.! \L\IIN )191 :•:•:•:. ., . A./ "4 b %O" • /3 .23 ' -.. :;.ii-:i- TEN FOOT WIDE T. E. P. Co. POWER EASEMENT ... . Lanslasepa. • eriarm.iMpan DeMea - (ORO VALLEY TOWNHALL PROPERTY) ONoses 1.4,4110.•TAMA.1Asssosa Lss VW..sae Vietsi rsltAT.CA FBOLIpilUVIII —isw.Mw.s, Inc ',.""'"."".'�,' "'•t",,41. 6/14/94 192099-A-001-0900 Bank One, Arizona, NA Corporate Trust Administration, A804 RECEIV PO Box 71 ED Phoenix AZ 85001-0071 91994 TOAWNU Got ORO v ALLEY BANK=ONE® August 26, 1994 Mr. David Andrews Finance Director Town of Oro Valley 11000 North La Canada Drive Oro Valley, AZ 85737-7015 Re: $1,250,000 Town of Oro Valley Certificates of Participation Series 1989 Dear Mr. Andrews: We have received a request from Tucson Electric Power Company to grant a Right of Way Easement for the facilities being built on the property purchased with the proceeds from the issuance of the above- referenced Certificates of Participation. Because the documents are silent as to rights or duties to grant such an Easement, we request that you acknowledge and agree to the following: 1. The Town, as Lessee, agrees that Bank One, Arizona, NA (formerly The Valley National Bank of Arizona), as Lessor, has been requested to execute this Right of Way Easement on behalf of the Town of Oro Valley and that the Bank can permit the construction of the faciltity on the Leased Property. 2. The facilities constructed will be used for governmental purposes only and that such contruction of facilities is subject to all obligations and remedies set forth in the Trust Agreement and Lease- Purchase Agreement, both dated December 1, 1989. 3. The granting of this Right of Way Easement is subject to Section 5.3 of the Lease-Purchase Agreement dated December 1, 1989. Please indicate your acknowedgement and agreement below. Upon receipt of your signed acknowledgement,.we will execute the Easement and forward it to Tucson Electric Power Company. inc rely, iTh`to \\ OADL, 111/U Kar n L. Robinson Assistant Vice President (602)221-1196 ACKNOWLEDGED AND AGREED: TOWN OF ORO VALLEY, ARIZONA B : may' ,t-'. Date: 41/9y IL, 100%recycled paper