HomeMy WebLinkAboutProperty - Deeds/Titles - 9/11/2000, Special Warranty Deed, Mary Louise Schwebel (Grantor) to TOV, F. ANN RODRIGUEZ, RECORDERDOCKET: 11380
RECORDED BY: CML *PTS PAGE: 593
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DEPUTY RECORDER
/4J.TV NO. OF PAGES: 3
1951 RO45 .ii. SEQUENCE: 20001760201
SOROV �. � 09/11/2000
TOWN OF ORO VALLEY 1/ii 0'0 WTDEED 15:00
11000 N LA CANADA
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 8.00
WHEN RECORDED RE .-'i TO: E--ii 4;4'
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1700 BAN. ► A MERICA PLAZA
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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. 1.
DATED this f day of 41151/51- 2000.
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MA Y LOUISE SCHWEBEL
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COUNTY OF 14ennefik )
This instrument was acknowledged before me this I day of a . 9U5 3' , 2000,
by the persons foregoing-subscribed and, if subscribed in a representative capacity, then for the
principal named and in the capacity indicated.
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Notary Public
My Commission Expires:
KAREN O FOGARTY
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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 alongsaid West right-of-way line, North 00° 06' 54"West 60.00 feet to the Point of
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Containin 0.64 acres of land more or less.g � .
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TOWN OF ORO VALLEY
11000 N. LA CANADA DRIVE
ORO VALLEY,ARIZONA 85737
Administrative Offices(520)297-2591 Fax(520)297-0428
www.ci.oro-valley.az.us
PO/ 1g1
September 7, 2000
Pima County Recorder
115 N. Church Ave.
Tucson, AZ 85701
RE: Recording of Special Warranty Deed, with Exemption#11-1134 A.3
Please record the enclosed Special Warranty Deed. Once recorded, please return to the Town of
Oro Valley, ATTN: Town Clerk, 11,000 N. La Canada Drive, Oro Valley, AZ, 85737.
We currently have a debit account set up with the Recorder's Office. Please charge applicable fees
to the Town of Oro Valley's account,#23446.
Thank you.
Sincerely,
ti
(3 J r
Roxana Garrity
Deputy Town Clerk
Enclosures—Special Warranty Deed (Schwebel)
9
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 e• / 2_ .00
Mary L ise Schwebel
APPROVED AS TO FORM:
Town of Oro Valley
By J Date q i 5.-0°
Paul Loomis, Mayor
Town of Oro Valley, Pima County, Arizona
ATTEST:
Kathryn E. uvelier,Town Clerk
Town of Oro Valley, Pima County,Arizona
OVE P • I ORM:
an Dudley, Town Attorn y
Town of Oro Valley, Pima County, Arizona
LV purchase agreement)072700 2
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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;
oko -AND
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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.
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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 0/a-- day of At.)1 ids r
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.
MARYtOUISE/� 44.:11.‘ -C,444^4144
TOWN OF ORO VALLEY
BY:
PAUL LOOMIS,MAYOR
TOWN OF ORO VALLEY,PIMA COUNTY,AZ
ATTEST:
KAT RYN E. CUVELIER,TOWN CLERK
TOWN OF ORO VALLEY,PIMA COUNTY,AZ
APPROVED AS TO FORM:
DAN DUDL Y, TOWN ATTORr""`
TOWN OF ORO VALLEY,PIMA COUNTY,AZ
2
F. ANN RODRIGUEZ, RECORDER P1 DOCKET: 11386
RECORDED BY: DSC PAGE. 1329
DEPUTY RECORDER GD7 ► !O NO. Or PAGES: 6
1212 ROOE 06 ` SEQUENCE: 20001820521
SOROV . 09/19/2000
TOWN OF ORO VALLEY 60 EASMNT 16:08
11000 N LA CANADA
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 8.50
TRAIL EASEMENT
This Trail Easement(this"Agreement")is entered into as of this fir)• day of
,2000,byand between MARY LOUISE married
SCHWEBEL,a married
woman dealing with her sole and separate property (the "Grantor"), and the TOWN OF ORO
VALLEY(the "Grantee").
1. Grant of Easement. The Grantor hereby grants to the Grantee and their guests and
invitees,a non-exclusive easement over the property described on Exhibit"A"attached hereto and
incorporated herein,only for the purposes of a trail for the use of horses and their riders,pedestrians
and all other non-motorized means of travel to and across such property.
2. Easement Appurtenant. The Easement granted hereby is appurtenant to the real
property owned by Grantee and described on Exhibit "B" attached hereto. The Easement rights
granted hereunder shall be for the benefit of the Grantee as the dominant tenement,and shall bind
and burden the Grantor's property as the servient tenement,which property is described on Exhibit
"C"attached hereto.
3. Compliance with Laws. The Grantee covenants and warrants that any construction
of improvements within the Easement shall be to Pima County standards. The Grantee further
warrants that during any construction all such activities shall be in compliance with all laws,
ordinances,rules or regulations of any governmental entity having jurisdiction over the properties
or the activities of the Grantee on the property.
4. Maintenance. The Grantee shall be responsible for any and all costs and expenses
incurred in the construction,maintenance or repair of all improvements that are or might be located
within the Easement.
5. Release and Indemnification. Grantee agrees to indemnify,defend and hold Grantor
harmless from and against any and all liabilities,claims,demands,losses,actions,judgments,costs,
expenses (including, without limitation, attorneys' fees), or damages of any kind or character,
whether to persons or property, arising out of, or caused directly or indirectly by any use of the
Easement by either Grantee, or any of its invitees or permitees.
6. Remedies. In the event of a default by any party hereunder,the other party shall have
all remedies available at law or in equity, including, but not limited to, specific performance and
injunctive relief to remedy such default.
7. Permanency.The grants,covenants and provisions herein shall run with the land and
shall be binding upon and inure to the benefit of Grantor and Grantee and their respective heirs,
successors and assigns forever.
8. Termination. If this Easement ceases to be used for the purposes stated herein,then
after notice and a reasonable opportunity to cure, it shall terminate and Grantee shall provide
Grantor, her successors or assigns, with a Release of Easement in recordable form.
9. Attorneys'Fees. If any action is brought by a party hereunder against the other party
in respect to its rights under this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees and court costs as determined by the Court.
10. Governing Law. This Agreement is made under,and shall be construed in accordance
with and governed by, the laws of the State of Arizona.
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11. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit 6
of the parties hereby and their respective successors, purchasers and assigns. .:
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12. Construction. The Parties hereby agree that this Agreement shall be construed
according to its fair meaning and without application of the so called "Rule" of construction that
ambiguities are to be resolved against the party with primary drafting responsibility therefore.
13. Authorization to Sign. Each of the persons executing this Agreement represents and
warrants to the other party hereto that he has the full power and authority to execute this Agreement
on behalf of the entity for whom he is signing.
14. Time. Time is of the essence of this Agreement and each and every provision hereof.
Any extension of time granted for the performance of the duty under this Agreement shall be in
writing and shall not be considered an extension of time for the performance of any other duty under
this Agreement.
15. Waiver. No waiver hereunder shall be binding unless executed in writing by the party
making the waiver. No waiver of any of the provision of this Agreement shall constitute a wavier
of any other provision, whether or not similar.
16. Paragraph Headings. All paragraph headings contained herein are for convenience
of reference only and are not intended to define or limit the scope of any provision of this
Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first above
written.
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1t4A'I 'UISE
/dJ4L14A,1 .
MARY SCHWEBEL
SIGNATURES CONTINUED TO NEXT PAGE _
3
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TOWN OF ORO VALLEY
BY: - -•
PAUL LOOMIS, MAYOR
TOWN OF ORO VALLEY,PIMA COUNTY,AZ
ATTEST:
hdJc. aLtaAiLt*.,-
KATHR E. CUVELIER, TOWN CLERK
TOWN OF ORO VALLEY, PIMA COUNTY, AZ
APPROVED AS TO FORM:
‘2_atiL.,, j) , .1. _______
DAN DUDLEY, TOWN ATTORNE
TOWN OF ORO VALLEY, PIMA COUNTY, AZ
STATE OF ' 1#)15 of4. )
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COUNTY OF HenYep,& )
On this /5 day of 41-4154.6 1- , 2000, MARY LOUISE SCHWEBEL
appeared before me and acknowledged that she executed this instrument as her free act and deed.
v.-slim")(:: ::' ., ...orie AI
Notary P 1,is
My commission expires:
'' 1 KAREN O FOGAmv
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y�1 :: NOT •N
•<,-.-; My commission E*ea iM.l1,i00i
/;, "OFFICIAL SEAL"
STATE OF ARIZONA ) /!�''' _ •, Roxana G.Garrity
) ss j�,1 iCit-i-)4. •- Notary Public•Arizona •
' l . Pima County
COUNTY OF PIMA ) ;'._i�,' , My Commission BTires I/3112001,
."fir:t r.•�..,' 'Y y. •. '4"' -. _ _
On this day of aA ,2000,PAUL LOOMIS as Mayor for
the TOWN OF ORO VALLEY, appeared before me and acknowledged that he executed this
instrument as his free act and deed. R
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Notary Public z
My commission expires:
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EXHIBIT A
LEGAL DESCRIPTION
TOWN OF ORO VALLEY FROM MARY LOUISE SCHWEBEL
PARCEL A
That portion of the East half of the Northeast Quarte: 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; ‘74d%C 4(,\
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Containing 0.64 acres of land, more or less. 13187 .
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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 Flats 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.
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