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HomeMy WebLinkAboutProperty - Deeds/Titles - 11/13/2007, State Land Dept. State of Arizona (Grantor), Right of Way No. 16-108452, Tangerine Rd, W F. ANN RODRIGUEZ, RECORDER DOCKET: 13180 RECORDED BY: C V PAGE: 6217 DEPUTY RECORDER 7 PI NO. OF PAGES: 11 1016 PE 5w� r. �O SEQUENCE: 20072191191 SOROV w ,; 11/13/2007 TOWN OF ORO VALLEY RWAY 18:00 11000 N LA CANADA ORO VALLEY AZ 85737 MAIL CONTACT: DIANE CHAS AMOUNT PAID $ 11.00 STATE LAND DEPARTMENT STATE OF ARIZONA Right of Way R/W No. 16-108452 THIS RIGHT OF WAY ("Right of Way") is entered into by and between the State of Arizona (as "Grantor") by and through the Arizona State Land Department and THE TOWN OF ORO VALLEY ("Grantee"). In consideration of payment and performance by the parties of each of the provisions set forth herein, the parties agree as follows: EXTENT OF DOCUMENT "Additional Conditions", "Exhibits", and "Appendixes" are an integral part of this document. In case of a conflict between the printed boiler document and the additional conditions, exhibits, or appendixes, the applicable additional condition, exhibit, or appendix shall be considered the governing document and supersede the printed boiler, but only to the extent necessary to implement the additional condition, exhibit, or appendix, and only if the additional condition, exhibit, or appendix does not conflict with governing state or federal law. ARTICLE 1 SUBJECT LAND 1.1 Grantor grants to Grantee a Right of Way on, over, through, and across the State lands described in Appendix A attached hereto ("Subject Land"). 1.2 Grantee makes use of the Subject Land "as is", and Grantor makes no or express implied warranties as to the physical condition of the Subject Land. p P ARTICLE 2 n� TERM 2 2.1 The term of this Right of Way commences on May 7, 2007 ("Commencement Date"), and runs for a perpetual term ("Expiration Date"), unless sooner canceled or terminated as provided herein or as provided by law. State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 1 ARTICLE 3 RENT 3.1 Rental is due in advance for the term of this Right of Way document. 3.2 If the Grantee should fail to pay rental when due, or fail to keep the covenants and agreements herein set forth, the Commissioner, at his option, may cancel said Right of Way or declare the same forfeited in the manner provided by law. ARTICLE 4 PURPOSE AND USE OF SUBJECT LAND 4.1 The purpose of this Right of Way is the location, construction, operation, and maintenance of: a public road with underground utilities. 4.2 No material may be removed by Grantee or its contractors without the written approval of the Commissioner. 4.3 Grantee shall not exclude from use the State of Arizona, its lessees or grantees, or the general public the right of ingress and egress over this Right of Way. 4.4 Grantee shall acquire required permits prior to construction, and adhere to all applicable rules, regulations, ordinances, and building codes as promulgated by the local jurisdiction and any applicable State or Federal agencies. 4.5 All use of State land outside the Right of Way must be applied for and authorized in accordance with applicable law. 4.6 Grantee shall not sublet or assign this Right of Way or any portion thereof without the written consent of the Grantor. 4.7 The Grantor retains ownership of the Subject Land. The use of this Right of Way is to be non-exclusive. This Right of Way is sold subject to existing reservations, easements, or rights of way heretofore legally obtained and now in full force and effect. 4.8 When necessary for Grantee's reasonable use of this Right of Wayfor the g purposes for which the grant is made, it shall be deemed to include the rights in, upon, over, and across the described Subject Land to erect, construct, reconstruct, replace, repair, and maintain the facilities authorized by this Right of Way. IIiKI 4.9 Grantee shall have the right to erect, maintain, and use gates in all fences under the control of the Grantor which now cross or shall hereafter cross said Right of State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 2 • Way, and to trim, cut, and clear away trees or brush whenever in its judgment the same shall be necessary for the convenient and safe exercise of the right herein provided. 4.10 Grantee shall not fence any portion of this Right of Way unless specifically authorized in the attached additional conditions without prior written consent of Grantor, nor shall Grantee exclude from the use of the surface thereof the State of Arizona or its lessees or grantees as reserved in Paragraph 10.1. ARTICLE 5 CONFORMITY TO LAW 5.1 This Right of Way is subject to applicable laws and covenants relating to State lands. ARTICLE 6 CANCELLATION,TERMINATION AND ABANDONMENT 6.1 This Right of Way is subject to cancellation pursuant to A.R.S. § 38-511. 6.2 If at any time the Right of Way ceases to be used for the purpose for which it was granted, it shall become void, and the right to use the Subject Land and all the rights of Grantee hereunder shall revert to the Grantor. 6.3 Upon revocation or termination of the Right of Way, the Grantee shall remove all equipment or facilities and, so far as is reasonably possible, restore and/or rehabilitate the Subject Land to its original condition, and to the satisfaction of the Commissioner. ARTICLE 7 INDEMNITY 7.1 This provision is pursuant to the July 12, 2000 memorandum issued by the Risk Management Section of the Arizona Department of Administration applicable to all political subdivisions of the State. h41,armless party (as "indemnitor") agrees to indemnify, defend, and hold harm ess the other party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorneys' fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, such claims which result in vicarious/derivative liability but only to the extent that to the indemnitee, are caused by the act, omission, negligence, misconduct, or fault of the indemnitor, its officers, officials, agents, employees, or volunteers. State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 3 t t ARTICLE 8 RESERVATIONS; RELINQUISHMENTS 8.1 Grantor reserves the right to grant other rights in, upon, over, and across the described Subject Land for any purpose whatsoever not inconsistent or incompatible with the use allowed by this indenture, and the Grantee agrees not to exclude the Grantor or its lessees or grantees from the use of the Subject Land herein described. 8.2 Grantor reserves all natural resources, timber, and minerals (including oil or gas) in or upon the described Subject Land, and the right to grant leases, permits, easements, and/or rights of way to extract such resources as provided by law and in a manner not inconsistent or incompatible with Grantee rights hereunder. Where inconsistent or incompatible uses exist, the Grantor will require the applicant therefor to indemnify Grantee for loss it might suffer by reason of such use. 8.3 Grantor reserves the right to relinquish to the United States pursuant to the U.S. Act of August 30, 1890, land needed for irrigation works in connection with a government reclamation project. ARTICLE 9 LOCATION, CONSTRUCTION AND MAINTENANCE 9.1 Grantee shall ensure full compliance with the terms and conditions of this Right of Way by its agents, employees, and contractors (including sub-contractors of any tier), and the employees of each of them and shall include the terms and conditions in all contracts and sub-contracts which are entered into by any of them. 9.2 Failure or refusal of Grantee's agents, employees, contractors, sub- contractors, or their employees to comply with these terms and conditions shall be deemed to be the failure or refusal of Grantee. ARTICLE 10 NATIVE PLANTS AND ARCHAEOLOGICAL RESOURCES 10.1 If the removal of plants protected under the Arizona Native Plant Law is necessary to enjoy the privilege of this Right of Way, the Grantee hereunder must obtain the written permission of the Grantor and the Arizona Department of Agriculture prior to removal of those plants. IN' 10.2 Grantee shall promptly notify the Commissioner of the amount of flora, if any, which will be cut, removed, or destroyed in the construction and maintenance of said y y IA� Right of Way and shall pay the Grantor such sum of money as the Commissioner may determine to be the full value of the flora to be so cut, removed, or destroyed. Grantee shall notify the Grantor and the Arizona Department of Agriculture 30 days prior to any destruction or removal of native plants to allow salvage of those plants where possible. State/Fed/Political Sub/ADOT/FC.R/W 12/05 Rev.7/06 4 10.3 Prior to surface disturbance, the Grantee hereof shall provide evidence of archaeological clearance to the Grantor. Archaeological surveys and site mitigation must be conducted in accordance with rules and regulations promulgated by the Director, Arizona State Museum. In the event additional archaeological resources are detected by Grantee after receipt of archaeological clearance, all work shall cease and notification shall be given to the Director,Arizona State Museum, and Grantor. ARTICLE 11 GRANTEE SHALL PROTECT AND RESTORE THE SUBJECT LAND 11.1 Grantee shall be required, upon completion of Right of Way construction, to make such rehabilitation measures on the State lands, including but not limited to restoration of the surface, revegetation, and fencing as determined necessary by the Grantor. 11.2 Grantee shall conduct all construction and maintenance activities in a manner that will minimize disturbance to all land values including, but not limited to vegetation, drainage channels, and streambanks. Construction methods shall be designed to prevent degradation of soil conditions in areas where such degradation would result in detrimental erosion or subsidence. Grantee shall take such other soil and resource conservation and protection measures on the Subject Land under grant as determined necessary by the Grantor. 11.3 Costs incurred by the Grantee in complying with restoration and rehabilitation requirements, as determined by the Department, on State lands shall be borne by the Grantee. 11.4 Grantee shall conduct its operations on the Subject Land in such a manner as is consistent with good environmental practices. Grantee shall exert reasonable efforts to avoid damage of protected flora, and restore the surface to its condition prior to the occupancy thereof by Grantee. ARTICLE 12 MISCELLANEOUS 12.1 The described Subject Land shall be used only for the purpose stated in ' Paragraph 4.1, and as may be further detailed elsewhere in this document. 12.2 This Document is submitted for examination and shall have no binding effect on thearties unless and until executed bythe Grantor (after execution by the Grantee), p and until a fully executed copy is delivered to the Grantee. 12.3 In the event of a dispute between the parties to this Right of Way, it is agreed to use arbitration to resolve the dispute, but only to the extent required by A.R.S. § 12- State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 5 1518. In no event shall arbitration be employed to resolve a dispute which is otherwise subject to administrative review by the Department. 12.4 Insurance provisions are intentionally omitted from this Permit pursuant to the July 12, 2000 memorandum issued by the Risk Management Section of the Arizona Department of Administration to all political subdivisions of the State. 12.5 The Grantor does not represent or warrant that access exists over other State lands which intervene respectively between the above Right of Way and the nearest public roadway. 12.6 If for any reason the State of Arizona does not have title to any of the Subject Land described herein, this Right of Way shall be null and void insofar as it relates to the land to which the State has failed to receive title. 12.7 Every obligation of the State under this Right of Way is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Right of Way, this Right of Way may be terminated by the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or any damages as a result of termination under this paragraph. 12.8 The parties agree to be bound by applicable State and Federal rules governing Equal Employment Opportunity, Non-discrimination and Disabilities, including Executive Order No. 99-4. 12.9 Within 30 days of project completion, Grantee shall submit a completed certificate of construction (copy attached). 115`M11My/ 9711 [11� tltl! l4 State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 6 ADDITIONAL CONDITIONS #16-108452 1. Legal description for this 100' wide public road with underground utilities right- of-way can be found in Exhibit A attached. 2. A portion of 50' wide public road right-of-way ASLD R.O.W. #09-1507 lies between ASLD R.O.W. #16-108452 and the north line of Section 04 Township 12 South Range 13 East (and Tangerine Road). ASLD R.O.W. #09-1507 does NOT include any rights to place overhead or underground utilities within it. Note: The Town of Oro Valley should consider folding its portion of ASLD R.O.W. #09-1507 into ASLD R.O.W. #16-108452. 'M I �q(r M?t Nlq fM - 6a - • ADDITIONAL CONDITION FOR LEGALS EXHIBIT #16-108452 The legal description for this right-of-way is detailed as follows: See EXHIBIT A. Subject to the Arizona State Land Department's (Grantor) rules and policies then in place, and as a result of construction related restrictions, the Grantor and Grantee may agree to modify the legal description for this right-of-way via the Grantee submitting an "as built"or"proposed realignment" legal description, depending on the situation, to the Grantor for the Grantor's review. If approved by the Grantor, and additional acreage is impacted, the Grantee agrees to pay an appraised or pro-rated charge as the Grantor determines is appropriate. No refund shall be made for a reduction in acreage. 1., - 6b - • • EXHIBIT A LEGAL DESCRIPTION for Tangerine Road Right-of-Way #16-108452 on the South side, Lying West of La Cholla Blvd. LEGAL That portion of Lot 1, Section 4, Township 12 South, Range 13 East, G & S R B & M, Pima County, Arizona, more particularly described as follows: The North 150.00 feet of said Lot 1, EXCEPTING: The North 50.00 feet, thereof, as Right-of-Way for Tangerine Road, recorded in Book 7, Page 83, Road Maps of Pima County; And further EXCEPTING the East 30.00 feet, thereof, as Right-of-Way for La Cholla Boulevard, recorded as McCarty Road in Book 2, Page 38, Road Maps of Pima County, Arizona. Comprising approximately 2.943 acres. • 16509 G. D. 4i U ; ARTER • • t ei 'ar E:\0315\02\ROW\1 00ftAddedROWforTangerine.doc • � r ( Exhibit A #16-108452 Page 2 of 2. I I ( I( EXISTING 25' ELECTRICAL EASEMENT EXISTING R/W TANGERINE ROAD ' I INNS „ . I --c(77/3,1 /1,11,77 1 � 1 � • PROPOSED R/W Q STATE OF ARIZONA .J 224-11-0140 e , U GROSS AREA -31.8 ACRES ROW TAKE -2.943 NET AREA -28.863 QJ O L.) 1 Q 30' N 1 1 it p Nd j 1 n�� ��f ::;1 1 ( 1 SCALE 1:300 !k� ;23! EXHIBIT B Use or alteration of the informotion in this instrument for other than the SHOWING THE RIGHT-OF-WAY ACQUISITION specific purpose for which it wos intended and for other than the client A PORTION OF SECTION 4, TOWNSHIP 12 SOUTH, for whom it wos prepared is forbidden unless expressly permitted in writing RANGE 13 EAST, G & S R B &M in advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING INCORPORATED shall hove no liability to any use of this informotion without TAX PARCEL NO. 2 2 4-11-0140 their written consent. © R S ENGINEERING o� Q TOWN OF ORO VALLEY R S ENGINEERINGDEPARTMENT OF PU .1LIC WORKS 0 CONSULTING ENGINEERS 00 ,, 2445 NORTH TUCSON BOULEVARD. TUCSON.ARIZONA B571(i 1520)791-3933 FAX: (5201 791-9405 TANGERINE ROAD/LA CHOLLA BLVD. Mi7; ®RSENGINEERtNI; INTERSECTION Iv1POVEk/E\JTS 2w t � IN WITNESS HEREOF, the parties hereto have signed this Right of Way effective the day and year set forth previously herein. STATE OF ARIZONA, GRANTOR Arizona State Land Commissioner THE TOWN OF ORO VALLEY GRANTEE BY: , . 1(, ,/L �_ ._�, .7 Date 'Authorized Signature ate Paul H. Loomis Mayor 0, LAND M yor ' V 4itle y ) V MO -4 11000 N. La Canada Drive r' 41M i Address tO �* pp4 1915 pU• lug Oro Valley, AZ 85737 4ity mate Zip 4, 2 State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 7