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Home My WebLink AboutEasements - 9/11/2000, Special Warranty Deed, Mary Louise Schwebel (Grantor), " F. ANN RODRIGUEZ, RECORDERDOCKET: 11380 RECORDED BY: CML v. °*PI lPAGE: 593 DEPUTY RECORDER441116 NO. OF PAGES: 3 ' •� ! SE UENCE: 20001760201 1951 RO45 � .,� Q�•�'�I n 09/11/2000 SOROV TOWN OF ORO VALLEY 44; OP' WTDEED 15:00 11000 N LA CANADA ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 8.00 WHEN RECORDED RE .-'4 TO: 4'1' ► . BRADY, E _ �..� ,A CHAN _ ' AR, UDALL &REDHAIR ,..�, 1700 BAN. ►` A MERICA PLAZA 33 N. •• ., ACJ`' T ' , a AZ 85701-1 SPECIAL WARRANTY DEED FOR THE CONSIDERATION OF TEN DOLLARS($10.00)AND OTHER VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARY LOUISE SCHWEBEL, a married woman dealing with her sole and separate property("Grantor"),does hereby convey unto the TOWN OF ORO VALLEY ("Grantee"), that certain real property located in Pima County, Arizona,together with all rights and privileges appurtenant thereto,more particularly described on Exhibit"A"attached hereto an made a part hereof,which conveyance is made subject to restrictions, reservations, easements, liens, encumbrances,rights-of-way and all matters of record. Grantor hereby binds itself and its successors to warrant and defend title as against all acts of Grantor and no other, subject to the matters set forth above. c. 1. GSC! �` DATED this4/5 day of �'1� , 2000. =-_ rE _Auls4 :-t. 4(.14%46 LOUISE SCHWEBEL AIN STATE OF CAI nile '4, ) ) ss. COUNTY OF ) was acknowledged before me this 15 dayof �. 9U5�" , 2000, This instrumentg by the persons foregoing-subscribed and, if subscribed in a representative capacity, then for the principal named and in the capacity indicated. Deal" oy Notary Public My Commission Expires: KAREN a Fp0ARTY �1R�PUBLIC 11Iri1E A 1;41:* r: Commission Expires ion.SI,Se 2 eak • • • EXHIBIT A LEGAL DESCRIPTION TOWN OF ORO VALLEY FROM MARY LOUISE SCHWEBEL PARCEL A That portion of the East half of the Northeast Quarter of the Northwest Quarter of Section 23, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County,Arizona, described as follows: Commencing at the Northeast corner of said East half of the Northeast Quarter of the Northwest Quarter; Thence along the North line thereof, South 89° 49' 07" West 45.00 feet to the Point of Beginning on the West right-of-way line of Calle Loma Linda as shown on the Plat of Rancho recorded in Book 22, page 50 of Maps and Plats in the Office of the Verde, Lots 171 thru 218, p g Pima County Recorder; Thence continuing South 89° 49' 07"West along said North line, 514.72 feet, more or less, to the East line of the West 100.00 feet of said East half of the Northeast Quarter of the Northwest Quarter; Thence along said East line, South 00° 05' 35" East 40.00 feet; Thence North 89° 49' 07" East 139.58 feet; Thence South 00° 10' 53" East 20.00 feet; 49' 0 " East 375.00 feet to said West right-of-way Thence North 89° line of Calle Loma Linda as 7 shown on the Plat of Rancho Verde, Lots 171 thru 218, recorded in Book 22, page 50 of Maps and Plats in the Office of the Pima County Recorder;; Thence alongsaid West right-of-way line, North 00° 06' 54"West 60.00 feet to the Point of Beginning; 4S ��1CA tF� 'P` Containing 0.64 acres oa f land, more or less. C? c `13187 • . ALA NW STEPH S 0713100 \ e s- ignedid , PURCHASE AGREEMENT This agreement is made by and between the Town of Oro Valley ("Town")and Mary Louise Schwebel ("Mrs. Schwebel"), for the purchase and sale of certain real property as described herein. 1. Property and Purchase Price A. Parcel A -Purchase "Mrs. Schwebel"agrees to convey title in fee simple absolute to the "Town"of 0.64 acres more or less described as follows: See attached Exhibits A and C. B. Parcel B—Easement Mrs. Schwebel agrees to grant all exclusive easement of 0.45 acres more or less in perpetuity to the Town for purposes of a trail for the use of horses and their riders, pedestrians and all other non-motorized means of travel to and across the property legally described as follows: See attached Exhibits B and C. C. Purchase Price _ The Town shall pay the sum of Twenty Five Thousand ($25,000.00)Dollars upon execution and recording for the rights transferred pursuant to paragraphs 1(A)and 1(B) above. 2. Closing Costs Expenses incidental to the transfer of title, including any necessary title reports, recording fees, escrow fees, releases,title insurance shall be paid by the"Town". The"Town"has used no broker or finder, and the "Town"owes no brokerage or finder's fees for this transaction. Seller shall pay taxes up to date of closing. 3. Encumbrances "Mrs. Schwebel"certifies that the property is not subject to any undisclosed liens, encumbrances, claims, actions, suits,or other proceedings. "Mrs. Schwebel" shall not place, permit, or cause to be placed any liens or encumbrances on the title to the property. 4. Seller's Representations and Warranties "Mrs. Schwebel" represents and warrants that,to the best of her knowledge,no pollutants, contaminants,toxic or hazardous substances, wastes or materials have been stored, used or are located on the property. However, subject to the provisions of this paragraph and paragraph 3,the "Town"agrees that the property shall be purchased in an"as-is"and"as- shown"condition, and no further representations or warranties are made by"Mrs. Schwebel". LV purchase agreement)072700 1 5. General Warranty Deed Mrs. Schwebel warrants title against all persons whomsoever, subject to restrictions, reservations, easements, liens, encumbrances, rights-of-way and all matters of record. 6. Integration Clause; No Oral Modification; Attorney's Fees; Governing Law This Agreement represents the entire agreement between the parties with respect to its subject matter, and all prior agreements, oral or written, are superceded by this Agreement. No modification shall be binding unless in writing and signed by both parties. Should litigation arise, the prevailing party is entitled to receive attorney's fees. The.parties agree that Arizona law shall control. IN WITNESS WHEREOF,the"Town"and "Mrs. Schwebel"have executed this Agreement on the dates set forth below. Mary Louise Schwebel By Date a• 11 .00 Mary L ise Schwebel APPROVED AS TO FORM: Town of Oro Valley By Date q 15- 0° Paul Loomis, Mayor Town of Oro Valley, Pima County, Arizona ATTEST: Kathryn E.fuvelier,Town Clerk Town of Oro Valley, Pima County, Arizona ' ' 'OVEN • • ORM: /Ay _ ii'. _ _�/Art an Dudley, Town Attorney Town of Oro Valley, Pima County, Arizona LV purchase agreement)072700 2 EXHIBIT A LEGAL DESCRIPTION TOWN OF ORO VALLEY FROM MARY LOUISE SCHWEBEL PARCEL A That portion of the East half of the Northeast Quarter of the Northwest Quarter of Section 23, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County,Arizona, described as follows: Commencing at the Northeast corner of said East half of the Northeast Quarter of the Northwest Quarter; Thence along the North line thereof, South 89° 49' 07" West 45.00 feet to the Point of Beginning on the West right-of-way line of Calle Loma Linda as shown on the Plat of Rancho Verde, Lots 171 thru 218, recorded in Book 22, page 50 of Maps and Plats in the Office of the Pima County Recorder; Thence continuing South 89° 49' 07"West along said North line, 514.72 feet, more or less, to the East line of the West 100.00 feet of said East half of the Northeast Quarter of the Northwest Quarter; Thence along said East line, South 00° 05' 35" East 40.00 feet; Thence North 89° 49' 07" East 139.58 feet; Thence South 00° 10' 53" East 20.00 feet; Thence North 89° 49' 07" East 375.00 feet to said West right-of-way line of Calle Loma Linda as shown on the Plat of Rancho Verde, Lots 171 thru 218, recorded in Book 22, page 50 of Maps and Plats in the Office of the Pima County Recorder;; Thence along said West right-of-way line, North 00° 06' 54"West 60.00 feet to the Point of Beginning; ,*S3 Y-Vlq lc Containing 0.64 acres of land, more or less. 0 c `1318T • • ALAN W. • STEPH S 0713, 0°' qsigned 9 -�P • affnirrPi. 1 , i - , EXHIBIT B LEGAL DESCRIPTION TOWN OF ORO VALLEY FROM MARY LOUISE SCHWEBEL PARCEL B That portion of the East half of the Northeast Quarter of the Northwest Quarter of Section 23, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County,Arizona, described as follows: Commencing at the Northeast corner of said East half of the Northeast Quarter of the Northwest Quarter; Thence along the North line thereof, South 89° 49' 07"West 45.00 feet to the West right-of-way line of Calle Loma Linda as shown on the Plat of Rancho Verde, Lots 171 thru 218, recorded in Book 22, page 50 of Maps and Plats in the Office of the Pima County Recorder; Thence along said West right-of-way line, South 00° 06' 54" East 60.00 feet to the Point of Beginning; Thence South 89° 49' 07"West 200.00 feet; Thence South 45° 05' 08" East 282.37 feet, more or less, to said West right-of-way line of Calle Loma Linda as shown on the Plat of Rancho Verde, Lots 171 thru 218, recorded in Book 22, page 50 of Maps and Plats in the Office of the Pima County Recorder; Thence along said West right-of-way line, North 00° 06' 54"West 200.00 feet to the Point of Beginning; Containing 0.45 Acres of land, more or less. ,*,oh/D,To 5, -,,,oiciii›,_'91, C. 13187'Y `‘.\-1- • ALAN W. • STEPHENS ° 31f° 9,p " .. 4 . ... (dak ADDENDUM TO PURCHASE AGREEMENT This Addendum to Purchase Agreement is made and entered into by and between the TOWN OF ORO VALLEY and MARY LOUISE SCHWEBEL as of this L). day of All US 1— 2000. This Addendum shall serve as an amendment to the Purchase Agreement between the Parties entered simultaneously. 1. Paragraph 1 is amended to add: D. Attorney Fees. In addition to the Purchase Price, the Town shall reimburse Mrs. Schwebel her attorney fees incurred in effectuating this transaction which reimbursement shall occur upon submission of a statement from her attorneys to the Town. E. Fencing. The Town agrees to install and maintain appropriate fencing between Mrs. Schwebel's remaining property and the property being conveyed, as well as between the easement and Mrs. Schwebel's remaining property. The Town shall relocate or install gated access to the Property at the west end of the Property and shall install gated access to Mrs. Schwebel's remaining property at an appropriate location within the Property. 2. Paragraph 3 is amended to add: The Town acknowledges receipt of a Preliminary Title Report dated July 27, 1999,that identified certain easements affecting the Property. The Town accepts the Property subject to such easements. 3. The terms of this Addendum that by their nature require performance subsequent to the Closing shall be deemed to survive the Closing and not merge into the Deed. 4. This Purchase Agreement and Trail Easement is made under the threat of imminence of condemnation, such term is used in the United States Internal Revenue Code. IN WITNESS WHEREOF, the parties hereto cause this Agreement to be executed on the date first above written. Lei.44;s44 CfAIA^1144 MARY OUISE SCHWEBEL TOWN OF ORO VALLEY BY: PAUL LOOMIS,MAYOR TOWN OF ORO VALLEY,PIMA COUNTY,AZ ATTEST: ClA4-44.1-tA‘", KAT RYN E. CUVELIER, TOWN CLERK TOWN OF ORO VALLEY,PIMA COUNTY, AZ APPROVED AS TO FORM: -r DAN DUDL Y, TOWN ATTORO TOWN OF ORO VALLEY, PIMA COUNTY, AZ 2