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Home My WebLink AboutProperty - Deeds/Titles - 7/11/2007, Quit Claim Deed, Heights Properties, LLP (Grantor) F. ANN RODRIGUE Z, RECORDER DOCKET: 13094 RECORDED BY: RJL PAGE: 2490 DEPUTY RECORDERy°FIq NO. OF PAGES: 2 9544 PE3 4{,- ,;TA SEQUENCE: 20071330679 SOROV w� ,. ,; 1.114* 07/11/2007 TOWN OF ORO VALLEY b QCDEED 15:26 . R 11000 N LA CANADA 41I1(0* ORO VALLEY AZ 85737 MAIL C.. vAr.a„o,...._. •_'• • , AMOUNT PAID $ 8.00 WHEN RECORDED, RETURN TO: 25'i?pt112: 9 5JUL +� TOWN OF ORO VALLEY TOWN ATTORNEY 1100 North La Canada Drive Oro Valley, Arizona 85737-7015 Attn: Melinda Garrahan, Esq. QUIT CLAIM DEED k'3 For the consideration of Ten Dollars ($10.00) and other valuable considerations, HEIGHTS PROPERTIES, LLP; ("Grantor") does hereby convey to the TOWN OF ORO VALLEY, a municipal corporation, ("Grantee"), that certain real property situated in Pima County, Arizona legally described as set forth on the Legal Description attached hereto, together with all rights, privileges, servitudes, hereditaments and appurtenances thereunto belonging or appertaining. IN WITNE S WHEREOF, the Grantor has caused this inst ---nt to be executed this a5-4. day of _ , 2007. ‘4 � J 1 HEIGHTS PIES, L.L.P. By: I J 1 enc• ,r- , STATE OF ) �-- ) ss. County 1. The foregoing instrument was acknowledged before me thisas-ik_ of ;g g g day uonfL., , 2007, by L,Nr't,c_ \-- , '' / 2 •t y Puri is My Commission Expires: L-4 , O gfr ,�i�rsi,� ► LISA BALL Notary Public-Arizona � Pima County My Comm.Expires Mar 12, 2008 Pima County Recorder Tracking#200701662 LEGAL DESCRIPTION A part of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a lead capped pipe, being the northeast corner of said Section 7, run thence South 56° 23' 19" WEST, a distance of 1,672.51 feet, Thence SOUTH 55° 17'30" WEST, a distance of 395.12 feet; Thence SOUTH 35°18'30" EAST, a distance of 395.25 feet to a point on the north right-of-way line of State Highway no. 77, Thence along said north right-of-way line, on a curve to the left, having an initial tangent of SOUTH 52° 09' 53" WEST, a central angle of 01 ° 52' 15" and a radius of 17,288.74 feet, a distance of 569.55 feet; Thence NORTH 39°43' 22" WEST, a distance of 306.63 feet to the True Point of Beginning; Thence SOUTH 54°01' 13" WEST a distance of 250.00 feet; Thence NORTH 39°43'22" seconds WEST, a distance of 279.36 feet; Thence NORTH 54°01' 13" EAST a distance of250.00 feet; Thence SOUTH 39° 43' 22" East, a distance of 279.36 feet to the True Point of Beginning; Said parcel containing 1.6 acres, more or less. :Rtl' y.1 �� rs+ aaMO 9R kFir� +id LICENSE AC.;REENIENT FOR R.I.G.IFIT 0.F1 ENTRY AND AtIllORIZATION TO Aa,::ESS3 PROPERrY (.1.0(17onduct Inventory, Sac Security and Stabilization Assessment:, and Preliminary Stabilization Activities) This License Agreement 19.r 'Right.of Entry and Authorization to Access Property ("License Agreement") is madei,s of. the .6-- day of 1\ko,v , 20(r, between :Heights Properties, LLP., (-LI( ENSOR") a.nd the Town of Oro Valley (1...iCENSEL:',"), concerning the ilollowing described property, and referred to as the "Site": See Attachment "A". WHEREAS, LICENSOR. is willing to grant permission to .LICENSEE, its employees, agents or contractors to enter onto the Site in order to conduct such investigations and perform work under the terms and conditions stated herein; and WHEREA.S, LICENSEE has the authority to enter into such. License Agreement pursuant to Arizona Revised Statute § 9240. N(..)W, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of whic.h are hereby ack.nowledged, the parties hereto hereby agree as .fbilows: 1., SCOPE. LICENSOR. grants to 'LICENSEE, its co.n.tractors, agents, employees and aSSi OTIS a right of entry and license to enter upon the Site to conduct an inventory, a site security assessment, a building and infrastructure needs assessment, a cultural resource inventory, an environmental assessment and perform any stabilization activities and such other work deemed reasonably necessary by .1....K.13NSFIE. (the "Permitted Activities"). 1....1.CENS.1.1-27S entry rights are specifically limited to the Permitted Activities at the Site and shall not include any other activities or any other portion of the real property surrounding the Site. Any entry or activity other than as discussed herein shall be coordinated in advance with. LICENSOR. 1 \l\\N1 01.-;' FINANCING. 'LICENSEE shall be responsible -for any and all costs ....• related to the .Permitted Activities, including installation, operation, and removal of equipment on the. Site. 3, 'II RMIN I ATION. Upon termination LICF.NSEFF, will immediately remove any and all of its equipment from the Site and restore the Site as close, as possible to the condition existing immediately prior to LICENSEE's entry. Nothing conlilined herein shall be construed as granting title to the Site, or as \Testing in the 1...JCENSI.:7.:E any right of entry to the Site after the termination of this License. 4, INDEMN1FIC.,ATION. LK.TENSEE agrees to indemnify and hold harmless 1....10ENSOR., its employees, Agents or contractors, from all claims, actions, damages, liability and expense, including -without limitation the *Permitted Activities and related 6„4,,,„,„of rntry fvecu(1,47 attorneysfees and costs, in connection with :personal injury or property damage arising, Out of the acts or omissions of LlCLNSLL its employees, agents or contractors upon the Site or any property surrounding the Property. This indemnification Obligation shall survive the expiration or termination of this License Agreement. N(..:)TICE. All notices Oven .pursuant to this License .Agreement shall be given in person or by first-class pre-paid mail to the following persons or any other persons so designated in writing: To LICENSOR To LICENSEE Tovai of Om Valley Attn: C.Aric.,- -4-1 tn. Attn: David Andrews, Town Ma.nager k-tot e . epnact 1000 La Canada:Drie Oro Viley„krizona 85737 6. APPLICABLE lAW. LICENSEE., agrees to comply with all local, state and federal laws, rules and ordinances applicable to the Permitted Activities. LICENSEE litrther agrees to exercise due care in the perfonnance or all Permitted Activities OD the Site, and not to interfere. Nyvitht..,.1.C.ENSIV..'s or any other party's activities on the Site. 7. MISCELLANEOUS PROVISIONS. .A.) jurisdiction. The parties stipulate that this License .Agreement has been. made and entered into., and shall be construed, enforced, and gover.ned by the laws ol the State of.Arizona, and any action to enforce the same shall be brought onlyin courts in the State of Arizona.. 13) Headings. The titles or hei:td.ings Use(l in this License .A.greementire for general reference only and.are not a pail:of the License:Agreement. C) Entire Agreement. 'ibis .License Agreement constitutes the entire understanding between the parties with respect to the Permitted Activities described herein. All prior agreements or understandings, whether oral or written, are superseded. This License Agreement may be amended only by a written document duly executed by the parties. D) Arbitration. The parties agree that should a dispute arise between them, in any manner, .2rod said dispute involves the sum of S10,0(...)0 or less in money dama.ges only, exclusive of interest,cost or attorneys' fees,the parties will submit the matter to Binding Arbitration pursuant to the Arizona Supreme, Court Rules for (...7.o.rapulsc.)ry Arbitration and the. decision of the. arbitrator(s) shall be 'final and binding upon the partes. E.) .Attorn.eys' fees. Should the bring .1.:ny leg:al or equitable action for the Pup0' ' of protecting or en:forcing:its rights under this License.Ageement, the. LICENSOR shall recover in addition to all other relief its reasonable attorney's fees and court costs to be fixed by the court. OW,,f00,30, F.) Severability. The provisions of this License.A.tveement are severable to the extent that any 'provision or application held to he invalid shall not affect any other provision or application of the License Agreement, which may remain in effect without the invalid provision or application. (3) Full Force. Any provision of this License Agreement held to violate any law shall be deemed void, and all remaining provisions shall continue in lull three and effect, 1.1) Waiver. I..XENSOR.'s waiver of any term, condition, or covenant, or breach of any tern), condition, shall not constitute the waiver of any subsequent breach of any other term, condition, or covenant. IN WITNESS 'WHEREOF, each of the parties warrant that it has the full right, power, and authority to execute this License Agreement and that the person signing on behalf of that party is authorized to bind that party to the terms and conditions contained in this License Agreement. The parties have hereunto subscribed their names and executed this Licens Agreement as of the day and first above written. I LICENSOR IV I ut,tals By: elT-11.-Yr ) Title: . STATE OF ARIZONA ss. (.:ounty of Pima SUBSC:RIBP.9,D AND SWORN to before me this rD, Olv of 1007 by Ewho i known to me or has satisfactorily been identified is the for 1/4- la and is a duly authorized agent to sign on matters re ating to tea property. • / 1• /ea( ry Nd (Tommission CiMitek d-..e. abO,g/ USA BALL • 1,4 Notary Public-Arizona Pima County My Comm. Expires Mar 12, 2008 LICENSEE Town of Oro Valley, an „Arizona Mlinicipal Comoration ./ David Andrews. Town 'Manager ATTEST: . , ALe Kat i-vn Cliveher, Town Clerk. ... APPROVED AS TO FORM: - - , /, . , - MGiff e inda arrahat own Attorney Exhibit "A" A parcel °fluid-lot-aft-din SiXtion 7, Township 12 South, Range 14 Eas1,--Cii. la-and Salt River Base and Meridian, Pima County, Arizona known as Assessor Parcel Number 220- 08-001N_ vatas lt,rso