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HomeMy WebLinkAboutEasements - 9/25/1979, Deed, Atlas-Glenex, Ltd (Grantor), Foothills Water Co. vuuuv r-----7------ • 5'1!6 i STATE OF AARIZONAi I hereby certify that the within No. 114057 i ss. instrument was filed for re, • !COUNT`._' OF PIMA f in Pima County,State o'*aYri/� Book G..ii,-° Page?PS- IDA ,� SEP 251979 •lo _AM Witness my hand and Official Seal• MAS ►'�,r �i 40 Fr,- „,,,,/ Date: �/''� • Indexed Paged [ Blotted °U c�,,�'� , 144 Request o::/0,4rRic/4 it 44/1....•.•• ;Wa •o , „4,3, , . .. 4%, Alai . De i., , ' Fee O-o j; r ;?. Li - THIS INDENTURE,made this 1st day of June , 19 79 , . between Atlas-Glenex, Ltd., an Arizona partnership 1 hereinafter known as the party of the first part, and TI-E TO\N OF ORO VALLEY, Pima County, Arizona, a body politic, the party of the second part: WITNESSETH: That the said part_ of the first part, being sole owner_ of the hereinafter described real property, for and in consideration of the sum of One i Dollar, and other valuable considerations, the receipt whereof is hereby confessed I • and acknowledged, do by these presents grant a fee simple _interest and title therein for roadway, utility and sewer purposes, including any right of reversion in the event of future abandonment or vacation thereof, the following described property d situated in Pima County, Arizona: A part of Section 13, Township 12 South, Range 13 East, G. & S. R. B. & M., Pima County, Arizona; :r , Commence at the east one-quarter (E1/4) corner of said Section 13; C Thence N. 00° 05' 27” E. along the east line of said Section 13, a distance of 45.00 a feet to the Point of Beginning; 1 f Thence continue N. 00° 05' 27" E. along the said east line of Section 13, a distance of 417.95 feet; 7 Thence S. 89° 53' 47" W. 60.00 feet; 41 4, Thence S. 00° 05' 27" W. 392.95 feet along a line that is parallel with the said east ,l line of Section 13; i M i Thence southerly and westerly along an arc of a curve, to the right, having a radius of 25.00 feet "and a central angle of 90° 00' 02" for an arc distance of 39.27 feet . II. to a point; Thence N. 89° 54' 35" E. 85.00 feet to the Point of Beginning. ,; 41 Subject to the rights of Foothills-Water Company attached hereto and incorporated • l! herein. Atlas-Glenex, Ltd., an Arizona • i SUBJECT TO encumbrances of record. partnership DATED this 1st day of June , 19 79.. il B 4% George; }J io ns•n . partner STATE OF ARIZONA ) COUNTY OF PIMA ) ss. This instrument was acknowledged before me this 1st day of . June , 1979 MY COMMISSION EXPIRES: 1 'W .'.".r,,''r,`".',, 1.1:.'0 RES AUGUST 10,'982 &q-'041441A1A . 1 • Notary Public Approved and Acpt ,d 3C) • , 197�J. w . ••10.1,-,V4iii T ATTEST: 'P'r ..'•tom h ''' s',,a ! ,,r 4 op ,-1,, , •••,,..4,, b F, ,� r4. � - 4..");/ .47; . : _ _.........e.. ../....„--.,..,,- ., Clerk, T'© ® X21,1 M. or; Town of Oro Va ley ' . P ma Coun'� Y!ca+ © ,ima County, Arizona :iiirf ,t4tt`�, r Boo 661r 1) PAGE 'J 2" Cd.P NI pips _GA.L.0. 15 0 . / / / . 5. 89°53` �t, kn 0 I S4o.q ' (\ _= / Q=0o 05 h" C)/ K. 3,1181Z -tr.6,,d..„-- cr r 4` UO-ACCEssI �' �N :, _ T • L,-95 �,,5B � ,�-25,CX� ' - -''.(-'1,' - ^ 1/2-1 �- R,25,00 84,3,E L_3�Z1� • 5�G- 1� ( L=-<;1,Co�' t I • J I . 1 0 I W1141 Ca . Q 5 _ IS ozO 1 - .. 1. .} ! :- - (oJ \tooi \ IT) NI t5 a 2'- . pips--Q-0 eo0ec 612 0 r{GF.. ' 6 e)Ct.IC?)11 "As' 000869-002- SUBJECT TO The right of FOOTHILLS WATER COMPANY, an Arizona corporation, to use the herein described right-of-way for the purpose of installing, con- structing, maintaining and operating a water distribution system and all such appurtenances and installments as may be necessary for the purpose of engaging in the business of supplying consumers with water, PROVIDED HOWEVER, that: 1. All rights hereunder are granted subject to the express condition that the Town of Oro Valley shall have the power at any time to impose such reasonable, uniform restrictions and limitations, and to make such reasonable, uniform regulations as to the use of said right-of-way by FOOTHILLS WATER COMPANY as may be deemed best for the public safety or welfare, including, but not limited to, the imposition of a franchise, sales, or other privilege taxes. The rights of the Town of Oro Valley in and to the use of the right-of-way shall be forever paramount and superior to the rights of FOOTHILLS WATER COMPANY. 2. The said FOOTHILLS WATER COMPANY shall bear all expenses incurred in the use of said right-of-way by FOOTHILLS WATER COMPANY, damage and compensation for any alteration of the direction, surface, grade or alignment of said right-of-way. 3. The expenses of lowering pipes or changing the locations of installations of FOOTHILLS WATER COMPANY made reasonably necessary by changes in the direction, surface, grade or alignment of the right-of-way, and any improvement above or below grade which require relocation or adjustment but not limited to sanitation sewers, storm drains, culverts and bridges, shall be borne by FOOTHILLS WATER COMPANY unless otherwise provided by law. All such lowering, changing, relocation or adjusting of pipes or other facilites of the FOOTHILLS WATER COMPANY shall be accomplished within sixty (60) days of a written request by the Town Engineer. 4. The rights and privileges granted herein shall be saleable, assignable and transferable by FOOTHILLS WATER COMPANY, but no sale, assign- ment or transfer, in whole or in part of any of the rights and privileges granted herein shall be effective as against the Town of Oro Valley until notice of the same in writing has been given to the Clerk of the Town of Oro Valley. 5. After any sale, assignment or transfer of FOOTHILLS WATER COMPANY rights hereunder, the said FOOTHILLS WATER COMPANY shall not be obligated under the terms hereof. 6. The rights and privileges granted herein shall not be exclu- sive and the Town of Oro Valley expressly reserves the right to grant from time to time similiar rights and privileges over the same right-of-way, or any part thereof, to any other persons, firms or corporations. 7. That FOOTHILLS WATER COMPANY hereby agrees to, and hereby does, hold the Town of Oro Valley harmless from and against any and all claims or demands of any kind or character, in law or equity, which may arise by reason of the use by FOOTHILLS WATER COMPANY of the aforesaid right-of-way, and further expressly agrees to defend at its own cost, any suits or actions brought in connection with the above use and to pay any judgments rendered against the Town of Oro Valley on any claims arising in connection with any of the foregoing. 8. That FOOTHILLS WATER COMPANY hereby agrees that these rights and privileges shall not be assigned without the prior written approval of the Town of Oro Valley, which approval will not be unreasonably withheld. 9. That any work done on the aforesaid right-of-way shall be subject to and done in accordance with all appliable Town Ordinances and regulations in effect at the time the work is done. 'ix fl12fl y. . - 2 -