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HomeMy WebLinkAboutProperty - Deeds/Titles - 3/4/1998, Special Warranty Deed and Grant of Easements, Canada del Oro Partners (Grantor) to TOV, Pr • %'F. ANN RODR I GUEZ,, RE 'DER o= DOC'''""T: 10745 '�45 • RECORDED BY: CML FAC 2352 DEPUTY RECORDER ► NO. OF PAGES: 12 1951 ROc.A SEQUENCE: 19980220893 REZMS :1 � 8i 'off 03/04/98 El SNELL & W I LMER WTDEED 16:54 PICK UP PICKUP AMOUNT PAID $ 16.00 When Recorded Return To: Marc G. Simon Snell & Wilmer L.L.P. 1500 Norwest Tower One South Church Avenue Tucson, Arizona 85701-1612 [Note: This instrument is exempt from the affidavit and fee requirement pursuant to A.R.S. §42-1614(A)(3)] SPECIAL WARRANTY DEED AND GRANT OF EASEMENTS For valuable consideration, CANADA DEL ORO PARTNERS, an Arizona general partnership (the "Grantor"), hereby conveys to the TOWN OF ORO VALLEY, a body politic (the "Grantee"), a parcel of land located in Pima County, Arizona, more particularly described on Exhibit "A" attached hereto and incorporated herein, together with all rights and privileges appurtenant thereto (the "Property"). Subject to current taxes and assessments, reservations and patents, all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, and to all matters which an accurate survey of the Property or a physical inspection of the Property would disclose. 1 IOiLe5 2352 1 • • • A. Additional Terms and Conditions: This Grant is subject to the following terms and conditions: 1. Fee title to the Property shall remain in Grantee, its successors and assigns, provided that it may be used for the sole purpose of installing, constructing, operating and maintaining a water well by Grantee in connection with its public water service, and for no other purpose. In the event the Property is not so used within one year after recording hereof, or thereafter such use is discontinued continuously for a period of one year, or should the Property be used for purposes other than as stated above, then fee title to the Property shall automatically revert to the Grantor, and Grantee, its successors and assigns, shall have no further right, title or interest therein. Grantor's rights of reversion are senior and paramount to all other interests in the Property, other than those matters recorded prior to the date hereof or which by law have senior priority. In the event of a reversion, title to the Property shall immediately revert to and vest in Grantor, or to the owner of that certain land described in Exhibit B attached hereto (the "Adjacent Land"). 2. Any and all improvements to the Property to be made by Grantee, shall be in accordance with plans and specifications submitted to and approved in writing by Grantor, and no change thereto, whether in appearance or otherwise, shall be made without Grantor's prior written consent. 2 1 1 4 5 2 3 5 3 • B. Grant of Easement Grantor does hereby further grant unto Grantee a perpetual easement, in gross, for vehicular access, and necessary incidental grading, for the installation, construction, maintenance, and operation of the said water well located or to be located upon the Property, and for no other purpose. The said easement shall be over and across that portion of the Adjacent Land described in Exhibit C hereto (the "Easement") until such time as Grantor, at its sole option and election, records and relocates the said Easement by virtue of a specific metes and bounds legal description, confining the Easement herein granted to another route designated and selected by Grantor. Without limitation, should Grantor or its successors develop or replat the Adjacent Land, the Easement may be relocated by them at their sole discretion, and a new access route shall be confined to one or more such public or private access ways, including streets and alleys, as are designated by Grantor or its successors, and which are shown on any approved development plan or subdivision plat of the Adjacent Land, as such plans or plats may be revised from time to time in the future. It is the intent hereof that Grantor shall have the free and unlimited right and ability to relocate the Easement to correspond to one or more of such public or private access ways as may from time to time be established and so designated. In the event of any such relocation by Grantor, Grantee agrees formally to abandon and reconvey to Grantor, any and all interest in any real property no longer subject to the Easement, all to the extent deemed reasonably necessary by Grantor or its successors. Any relocation of the Easement shall not deprive Grantee of reasonable access by vehicles or equipment necessary for maintaining a well site and associated equipment. 3 1014 5 2 3 5 4 r ` Grantee and its successors and assigns shall have the sole responsibility to maintain, improve and repair the Easement, and any and all improvements located thereon, and Grantee shall indemnify and defend Grantor and its successors and assigns from and against any and all liability, costs, expense, claim, damage, or obligation in any way relating to or arising out of Grantee's use of the Property and Easement, or to the nature or quality of improvements made to the Property or Easement. Except as stated, Grantee shall not be responsible for the routine maintenance of private streets or alleys owned and controlled by others. Dated this ! day of r:(e4.4,60-y_ , 1998. CANADA DEL ORO PARTNERS, an Arizona general partnership By: John E. Rooney Fa 'ly Limited Partnership, a Delaware Limite• 'a i ership, General Partner By: w Blake Hastings " eneral Partner "GRANT R" TOWN OF ORO VALLEY, a body politic By: Name: eiterri---Sicrri-sky. Rte., rkh, Title: cee Mayor "GRANTEE" Simonm\TUX\091827.01 4 1Oi54 5 2 3 5 5 1 1 + 1 1 1 1 1 STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me thisI,5"dayofg g g / 1998, by E. Blake Hastings, General Partner of the John E. Rooney Family Limited Partnership, a Delaware limited partnership, General Partner of Canada Del Oro Partners, an Arizona general partnership, on behalf of the general partnership. (27( Notary Public My Commission Expires: 6, c,3„011--r STATE OF ARIZONA ) ) ss. County of Pima ) rt.* Th foregoin instrument was acknowledged before me this day of 1998, by , the \ \ \C -ti, of the Town of Oro Valley, a body politic, on behalf of the town. -�`�► C`. ✓ G- Notary Public My Commission Expires. ,, •.�.r„ - r✓.r✓✓.�- i✓1- �' � "OFFICIAL SEAL" 1--\\ T . *�� Roxana G.Garrity . Notary Public Arizona Pima County \ .a m common Expire 1/3112001 Simonm\TUX\091827.01 5 IOi5145 2356 1 . 1 1 ♦ / 1 AshbySURVEYING&DRAFTING,INC. EXHIBIT A Page 1 of 2 LEGAL DESCRIPTION PRODUCTION WELL#23 SITE A portion of the Northwest quarter of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona said portion being more particularly described as follows: Commencing at the Northwest corner of said Section 7; Thence S 0°13'04" W, along the West line of said Northwest quarter , a distance of 1026.12 feet to a point lying on the arc of a curve from which the radius point of said curve bears N 73°35'29" E a distance of 2391.83 feet; Thence southeasterly along said curve, through a central angle of 3°46'22", a distance of 15 7.5 0 feet to the Northwest corner of that particular perpetual drainageway easement recorded in Docket 7506 at Page 979 (Parcel VIII); Thence S 0°13'04" W, along the West line of said easement, a distance of 751.31 feet more or less to the Southwest corner of said easement lying on the curved northerly right-of-way line of Lambert Lane as it exists today from which corner the radius point of said curve bears S 39°35'14" E a distance of 2939.79 feet; Thence northeasterly along said curved right-of-way, through a central angle of 0°45'55", a distance of 39.27 feet to the Southeast corner of said drainage easement and the TRUE POINT OF BEGINNING; Thence N 0°13'04" E, along the East line of said drainage easement, a distance of 125.00 feet; Thence S 89°46'56" E a distance of 38.00 feet; Thence S 23°22'19" E a distance of 3 2.3 2 feet; Thence S 0°13'04" W a distance of 55.00 feet to a point on the said curved right-of-way line of Lambert Lane from which point the radius point bears S 37°33'18" E a distance of 2939.79 feet; legals\1437-l leg.wpd (A d:of /70 . \ØAsHsyqJ:)37 20 4.,e./1 — '9,9 •d it; NA 717 NORTH SWAN ROAD •TUCSON,ARIZONA 857 1 1-1 2 1 0 •TEL: (520) 325-1991 • FAX: (520) 325-2074 ICS / 1+ 2 3 5 7 • Page 2 of 2 Thence southwesterly along said curved right-of-way line, through a central angle of P16'01", a distance of 65.00 feet to the TRUE POINT OF BEGINNING. Containing 5139± square feet or 0.118 acres. legals\1437-1 leg.wpd • c,' 19316 to\ T.WAYNiE ;� a ASHBY �: drs -- '9� �•nod�•• � ©NA • . milhAshby SURVEYING&DRAFTING,INC. 2 3 5 8 A , N 0% i. 4\ 2,) 1" = 100' COURSE TABLE 0 S 00'13'04" W 1026.12' 0 L=157.50' R=2391.83' A=3'46'22" 1' S 00'13'04" W 751. 3 3 0 L=39.27' R=2939.79 A=0'45'55" 0 N 00'13'04" E 125.00' 0 S 89'46'56" E 38.00' /3( 1 0 S 23'22'19" E 32.32' I 0 S 013'04" W 55.00' 172, 0 0 L=65.00' R=2939.79' 0=1'16'01" C.,' „,....,/,,,, ,, i. . AREA = 5139± SQ. FT. v'o� A7.4., o = 0.118 ACRES T 19316 E •q � rc m i4SHBY t dg 0 t..7*.d.V-(k...•a:. lc ._ ‘''oNA ,- { 00ID .:.:*. ZO/ \ 0 .-:*0 / \/ ` TPOB / WELL SITE N0. 23 EXHIBIT A : Ashby LEGAL DRAWING DATE: FEBRUARY, 1998 ..........,..,.a 717 N.SWAN ROAD PRODUCTION WELL Joe NO: 1437-LEG (620)a�-1991 'TUCSON, ato ARIZONA # 23 SITE SHEET: 2 / 2 IOiL5 2359 J ` y t February 9, 1998 WLB No. 196015-a-001-1003x W:ILEGALSt1960151rooney-F.wpd EXHIBIT B ROONEY RANCH PARCEL F All that portion of the Northwest One-Quarter(NW 114) of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, lying Southerly and Southwesterly of Westerly right-of way line of North First Avenue and Northwesterly of the Northerly right-of-way line of Lambert Lane, as said right-of-way lines currently exist.. Page 1 of'I 10 / 4 5 2 3 6 0 • , • • , Ashby SURVEYING&DRAFTING,INC. EXHIBIT Page 1 of 2 LEGAL DESCRIPTION WELL#23 -ACCESS & SLOPE EASEMENT A portion of the Northwest quarter of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona said portion being more particularly described as follows: Commencing at the Northwest corner of said Section 7; Thence S 0°13'04" W, along the West line of said Northwest quarter, a distance of 1026.12 feet to a point lying on the arc of a curve from which the radius point of said curve bears N 73°35'29" E a distance of 2391.83 feet; Thence southeasterly along said curve,through a central angle of 3°46'22", a distance of 157.50 feet to the Northwest corner of that particular perpetual drainageway easement recorded in Docket 7506 at Page 979 (Parcel VIII); Thence S 0°13'04" W, along the West line of said easement, a distance of 751.31 feet more or less to the Southwest corner of said easement lying on the curved northerly right-of-way line of Lambert Lane as it exists today from which corner the radius point of said curve bears S 39°35'14" E a distance of 2939.79 feet; Thence northeasterly along said curved right-of-way, through a central angle of 0°45'55", a distance of 39.27 feet to the Southeast corner of said drainage easement; Thence N 0°13'04"E, along the East line of said drainage easement, a distance of 125.00 feet to the TRUE POINT OF BEGINNING; Thence S 89°46'56" E a distance of 38.00 feet; Thence S 23°22'19" E a distance of 3 2.3 2 feet; Thence S 0°13'04" W a distance of 55.00 feet to a point on the said curved right-of-way line of Lambert Lane from which point the radius point bears S 37°33'18" E a distance of 2939.79 feet; legals\1437-21eg.wpd . LANp\ (6, 00- D ie t WAYNE 't►© — o ASHBY (• 11,1 e 79 i.niod 1„.. aNA 717 NORTH SWAN ROAD •TUCSON,ARIZONA 85711-1210 •TEL: (520) 325-1991 • FAX: (520) 325-2074 I 0 4 2361 • Page 2 of 2 Thence northeasterly along said curved right-of-way line, through a central angle of 0°29'29", a distance of 25.22 feet; Thence N 0°13'04" E a distance of 94.26 feet; Thence N 89°46'56" W a distance of 50.94 feet to a point which is 20.00 feet easterly of the East line of said drainageway easement; Thence N 0°13'04"E, parallel with said East line, a distance of 306.09 feet to the beginning of a curve concave to the East and having a radius of 527.96 feet; Thence northerly along said curve, through a central angle of 12°45'00" a distance of 117.49 feet to a point lying on the arc of a curve from which the radius point bears N 65°50'03" E a distance of 2391.83 feet; Thence northerly along said curve, through a central angle of 0°46'34", a distance of 32.40 feet to the northeasterly point of said drainageway easement, said point also lying on a curve from which the radius point bears S 74°18'59" E a distance of 547.96 feet; Thence southerly along said curve and East line, through a central angle of 15°27'57", a distance of 147.91 feet; Thence S 0°13'04" W a distance of 331.09 feet to the TRUE POINT OF BEGINNING. legals\143 7-21eg.wpd <7, , , � W 1 V O . 190316 cc T.WAYNE % c► O ASHBY ' , Atie//:// ©NAvilhAshby :• SURVEYING&DRAFTING,INC I 2362 .. L 4 \ . • A N .. . 0\ i. 1" •00' I 2 COURSE TABLE 0 S 0013'04" W 1026.12' 0 L=157.50' R=2391.83' 0=3'46'22" 0 S 00'13'04" W 751.31' I 4 L=39.27' R=2939.79 0=0'45'55" 0 0 N 0013'04" E 125.00' 0 S 89'46'56" E 38.00' ©.:::: 7 S 23'22'19" E 32.32' :.::: Cps ' n 8 S 0'13'04" W 55.00' V' 0 L=25.22' R=2939.79' A=0'29''29" .•.•. Vz, W ::: 10 N 0013'04" E 94.26' ... 0 N 89'46'56" W 50.94' N 12 N 0013'04" E 306.09' 40:::.. 13 L=117.49' R=527.96' A=12'45'00" 14 L=32.40' R=2391.83' A.---0'46'34" 15 L=147.91' R=547.96' A=15'27'57" 11 •• • O 16 S 0'13'04" W 331.09' • TF'OB ACCESS & SLOPE 6 0 EASEMENT \-\'C 0 8..- Z\y, yi. /0 1 S .,7 Wd 18316 ).1 °C I TAWSAYE a tJ 0 / \/V'k N 41,-;../ EXHIBITC :- .''''..`4LEGAL DRAWING DATE: FEBRUARY, 1998 " SINI' " `"O. °""" WELL SITE # 23 JOB No 717 N.SWAN ROAD ACCESS & SLOPE 1437--LEG T (52o)325-1901•FAX(520)32G.2074 EASEMENT SHEET: 1 / 2 IO / L 5 2 3 6 3 RESOLUTION NO. (R) 98- 07 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA, ACCEPTING THE DONATION OF A WELL SITE FROM CANADA DEL ORO PARTNERS FOR WATER PLANT #23 AND AUTHORIZING THE MAYOR TO EXECUTE THE SPECIAL WARRANTY DEED AND GRANT OF EASEMENTS. WHEREAS, ORO VALLEY has the requisite statutory authority to acquire, own, operate and maintain a water utility; and WHEREAS, ORO VALLEY is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all the rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley Water Utility has a need to construct a new production well in the C-zone; and WHEREAS, the Canada del Oro Partners, developers of the Rooney Ranch PAD, have such a site available and suitable for Water Plant #23; and WHEREAS, the Canada del Oro Partners are willing to donate said well site and related easement at no cost to the Town of Oro Valley, NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF ORO VALLEY, ARIZONA: 1. That the Town of Oro Valley accepts the donation of the well site and related easements for Water Plant #23 described in EXHIBITS A, B and C attached to the Special Warranty Deed and Grant of Easements. 2. The Mayor is authorized to execute the attached Special Warranty Deed and Grant of Easements. 3. WHEREAS, it is necessary for the preservation of the health, safety and welfare for the Town of Oro Valley, Arizona, an emergency is declared to exist and this Resolution shall be effective immediately upon its passage and adoption, PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Oro Valley, this 9th day of February, 1998. ORO VALLEY TOWN COUNCIL BY: . Mayor Che' Skalsky ATTEST: Kathry0,12,t (e4 Cuvelier,Town Clerk APPROVED '- 4/(AA . ti/ X • Tobin Sidles,To n Attorney