HomeMy WebLinkAboutEasements - 9/3/1986, Right of Way Easement, William & Heidemarie Swier (Grantor), Lot 52, Oro Valley Estates •
RICHARD J. KENNEDY, RECORDER, RECORDED IN OFFICIAL RECORDS OF PIMA COUNTY,ARIZONA
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RIGHT OF WAY EASEMENT
WILLIAM SWIER and HEIDEMARIE SWIER, husband and
wife , hereinafter called "Grantor," for good and valuable
consideration, the receipt of which is hereby acknowledged,
hereby grant and convey unto the TOWN OF ORO VALLEY,
Pima County, Arizona, its successors and assigns , herein-
after called "Grantee, " an easement and right of way
for the construction, operation and maintenance of existing
p
(../) streets and highways , and any underground utilities ,
(o whether existing or proposed, and pertinent underground
facilities , upon, through, ovY under, and across the
lands in any and all parcels and portions thereof hereina-
fter described.
The Lands over which said easement and right of
way is hereby granted are owned by Grantor in fee simple ,
are situated in the County of Pima, State of Arizona,
and are more particularly described as follows , to wit :
The Northerly six ( 6 ) feet of Lot 52 in
ORO VALLEY ESTATES, a subdivision of record in
the office of the Pima County, Arizona recorder
in Book 13 of Maps and Plats at page 60 thereof,
extending easterly from the west line of said
Lot 52 to a point on curve 35 , as shown on
said map of Oro Valley Estates .
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And, in addition, that portion of said
Lot 52 , more particularly described as
follows : Beginning at the point of compound
curvature at the Northeast corner of said
Lot 52 , Southerly along the radial line
thereof 6 feet to the true point of beginning;
thence, Southerly along the said radial 9
feet ; thence Easterly, perpendicular to said
radial , 10 feet more or less to the Western
boundary of the 15 foot utility easement ,
running along the Eastern boundary of said c
Lot 52 , and recorded at Book 13 of Maps and
Plats at page 60 thereof; thence Northerly
along said Western boundary of said 15 foot
utility easement to its intersection with
the above described 6 foot easement along cr)
the North boundary of said Lot 52 , thence
Westerly to the true point of beginning. !"�'
Grantee shall have the right to excavate for, place ,
lay, construct , operate, use , maintain, repair, replace ,
reconstruct, enlarge , alter, improve, add to, relocate,
and/or remove at any time and from time to time, any
and all roads , underground facilities , and appurtenances
necessary for the operation of said facilities and all
miscellaneous equipment and material connected therewith.
Grantee shall have the right of ingress to and egress
from said easement by a practical route or routes in,
upon, over, and across the hereinbefore described lands
or any portion or portions thereof , together with the
right to clear and keep clear said easement and right
of way, from materials , buildings or other structures,
implements , or obstructions , without limiting the generality
of the foregoing.
Grantor shall not dig or drill any well , plant any
tree, erect , place , or construct any pipeline, irrigation
ditch, lake, pond, building, wall , fence or other struc-
ture, not impound or store fluids and/or materials within
the boundaries of the above described easement and right
of way.
Grantor shall not increase or decrease the ground
surface elevations within the boundaries of the above
described easement and right of way existing at the date
of execution of this instrument , nor shall the said ground
surface be penetrated to a depth in excess of 12 inches
by any tool or implement, without the previous written
consent of the Grantee. If subsequent to construction,
the clearance or grade is changed in such way as to require
relocation of the underground facilities , the cost of
such relocation shall be borne by Grantor or subsequent
owner.
All equipment installed by Grantee in or upon the
herein described easement shall remain the personal property
of the Grantee and shall not be deemed a part of the .
realty. 00
Grantee shall have the right to trim and cut trees ,
foliage , and roots upon and from within the above described
easement and right of way whenever in Grantee ' s judgment
the same shall be necessary for the convenient and safe
exercise of the g right herein ranted.
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Grantor shall not grant or dedicate any other ease-
ment on, under, or over the above described easement
and right of way without first securing Grantee ' s written
Page 2 of 4
approval , the right to transfer and assign this easement
and right of way in whole or in part being hereby granted
to the Grantee.
Grantor does hereby grant and convey to Grantee
the exclusive right to use and occupy any trenches, con-
duit , or other underground facilities installed by Grantor
as may be deemed necessary by Grantee .
Grantee shall have the right during construction
of Grantee ' s facilities to use for the purposes incidental
to said construction, a strip of land two ( 2 ) feet in
width adjacent and contiguous to this boundary of herein
granted easement and right of way, said strip to be on
the South boundary of said easement and right of way,
and right to use said strip of land ceasing and being
terminated at such time as said initial construction
is completed.
The terms , convenants and conditions of the easement
and right of way shall be binding upon and inure to the
benefit of any heirs, executors , administrators, per-
mitters , licenses, agents or assigns of Grantor and the
successors and assigns of the Grantee.
The term "Grantor" shall include the plural if appli-
cable. All terms used in the singular or in the neutral
gender shall apply to the plural or the singular or neutral
gender as the context herein requires .
IN WITNESS WHEREOF, the crantor has executed these
presents this tc'' day of AGicto sr , 1986 .
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Page 3 of 4
STATE OF ARIZONA
ss :
COUNTY OF PIMA
This instrument was acknowledged before me, the
undersigned notary public , by WILLIAM and HEIDEMARIE
SWIER, husband and wife .
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Page 4 of 4
RELEASE
KNOW ALL MEN BY THESE PRESENTS :
That WILLIAM SWIER and HEIDEMARIE SWIER, husband
and wife, hereinafter called "First Party," in consider-
ation of the payment to them of FOUR THOUSAND DOLLARS
( $4,000.00 ) by the TOWN OF ORO VALLEY, hereinafter called
"Second Party, " do by these presents compromise, release
and fully discharge any and all claims which the said
First Party has or might have against the said Second
Party, or against any person, firm or association which
is or might be liable for any act or omission of the
Second Party, arising out of the location of the house
and other structures of the First Party and the placement ,
maintenance or operation of any roads or highways , utility
trenches or lines ( including, but not limited to, telephone,
telegraph, electrical , gas , water, sewer , and cable tele-
vision) , regarding the property more particularly described
as Lot 52 of Oro Valley Estates , a subdivision of Pima
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County, recorded in Book 13 of Maps and Plats , at
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60 of the Pima County Recorder, including but not limited
to any claims for interest , late fees or attorneys fees,
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and any and all claims of whatever nature arising out
of or in any way pertaining to the above matter.
This release shall be binding upon and inure to
the benefit of the heirs , representatives , successors ,
and assigns of the parties hereto .
IN WITNESS WHEREOF, the First Party executes this
Release this /cay of 0 57— , 1986 .
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n A ' MP HE I DEMARIE SWI ER
This instrument was acknowledged before me, the unders ',T,� n�� (,d ,},? (;
Notary Public , by WILLIAM and HEIDEMARIE SWEIR, husband arid„ ,wi�fe `�.
this day of , 1986. ,� ,., i-
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Notary Public ,
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