HomeMy WebLinkAboutEasements - 2/29/2016, Parking, Access and Easement Agreement between the Town and The Richard E. Curtis Family, .V
* E RECORDING * Pa e 1 of 20
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SEQUENCE: 20160600935
No. Pages: 20
2/29/2016 4:46 PM
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-- � F. ANN R4DRIGUEZ, RECORDER 9 untyP
Recorded By: GMS�e-recordin Iz°�
CO�ER SHEET FOR RECORDING OF
- PARKING, ACCESS AND EASEMENT AGREEMENT
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Parki ng, Access and Easement Ag reement
This PA ING, ACCESS AND EASEMENT AGREEMENT (the "Agreement") is made
this � day of ��i� , 2016, by and between The Town of Oro Valle , a
. . . . . . --�:- , Y
political subdivision of Arizona, hereinafter referred to as "Town" and The Richard E. .
Curtis Family, LLC, a Maryland Limited Liability Company, property owner of 490 W.
Magee, hereinafter referred to as "Curtis", collectively referred to as"Parties" and
individually as a "Party."
RECITALS:
WHEREAS, Curtis is the owner of the property, together with improvements thereon
known as 490 West Magee Road, Tucson, Pima County, Arizona, and more particularly
described on Exhibit"A," attached hereto and incorporated by reference;.
WHEREAS, the Town is the owner of the property, together with improvements thereon,
known as 500 West Magee Road, Tucson, Pima County, Arizona, and more particularly
described on Exhibit"B," attached hereto and incorporated by reference;.
WHEREAS, the Parties wish to redefine the property line by exchanging portions of the
land that divide or separate the properties o�f 490 and 500 W. Magee to result as
described and depicted in Exhibit"C", attached hereto and incorporated by reference;
and
WHEREAS, The Parties wish to establish an ingress, egress and shared use easement
(the "Shared Use Easements") as depicted on Exhibit"C"; and
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WHEREAS,the Parties wish to establish ingress and egress easements (the"Ingress
Egress Easements") as depicted in Exhibit "C"; and
WHEREAS,the Parties wish to terminate the Easement Agreement recorded on
August 29, 1986, in Docket 7859 at page 3269, records of Pima County,Arizona, and
the�Parking Area and Easement Agreement recorded on September 19, 1985, in
Docket 7622 at page 554, records of Pima County, Arizona.
NOW, THEREFORE for good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the following:
AGREEMENTS:
� 1. The Town agrees to convey the real property described in Exhibit"D,"attached
hereto and incorporated by reference, to Curtis by Quit-Claim Deed. The Town
represents such real property is free and clear of all monetary encumbrances.
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Page 1 of 19
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2. Curtis agrees to convey the real property described on Exhibit"E,"attached
hereto and incorporated by reference, to Town by Quit-Claim Deed. Curtis
represents such real property is free and clear of all monetary encumbrances.
3. The Parties hereby declare that the Easement Agreement recorded on
- . August 29, 1986, in Docket 7859 at page 3269, records of Pima County, Arizona,
and the Parking Area and Easement Agreement recorded on September 19,
1985, in Docket 7622 at page 554, records of Pima County, Arizona are hereb.y
terminated and shall be of no further force or effect.
4. The Parties hereby grant the following Ingress Egress Easements:
A. Curtis hereby grants to Town a non-exclusive perpetual
easement over and on the real property described on Exhibit"F,"
attached hereto and incorporated by reference, for vehicular and
pedestrian ingress and egress.
B. Town hereby grants Curtis a non-exclusive perpetual easement
over and on the real property described on Exhibit"G," attached
.hereto and incorporated by reference, for vehicular,and
ped estria n i ng ress a nd eg ress.
� 5. The Parties hereby grant the following Shared Use Easements:
A. Curtis hereby grants to Town a non-exclusive perpetual
easement over and on the real property described on Exhibit"H,"
attached hereto and incorporated by reference, for vehicular and
pedestria n i ng ress a nd eg ress.
B. Town hereby grants Curtis a non-exclusive perpetual easement �
over and on the real property described on Exhibit "I," attached
hereto.:and incorporated by reference, for vehicular and
pedestrian ingress and egress.
6. The Parties agree not to build any structure at ground level on either the Shared
Use Easements or the Ingress Egress Easements other than driveways, parking
areas, walkways and medians. The Parties agree any structure overhanging the
Shared Use Easements shall provide not less than nine foot(9') clearance from
� the ground ordriveway under the structure. �
7. Curtis agrees to allow the Town to place two bollards and an access card reade r
stand on 490 W. Magee along the_sidewalk west of the building located thereon
at the location shown on Exhibit"C."
8. The Town agrees to the maintenance and to maintain the Shared Use
Easements and the Ingress Egress Easements. Each property owner is
responsible for the maintenance and to maintain all areas on their legally
Page 2 of 19 �
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, described property outside the Shared Use Easements and the Ingress Egress
Easements. ,
9. The Town agrees, at its expense, to redesign and construct the parking lots as .
depicted in Exhibit"C". This includes a minimum of a 24' entrance, new or
existing asphalt that is brought to an acceptable standard, landscape islands and
paint markings to indicate individual parking spaces. The design and
construction will assure six(6) parking spaces west of the egress driveway as
depicted in Exhibit"C" are located on the property of 490 W. Magee. In addition,
the area north of the building on 490 W. Magee will be sufficient for two parallel
parking spaces defined at 9'wide with a 12'wide lane partially (10') located on
the property of 500 W. Magee.
10.The Town agrees that the new property lines(after recording the deeds
described in Paragraphs 6 and 7 above), this Agreement or any construction on
500 W. Magee will not cause any new building requirements, zoning�
requirements or change in allowable use for 490 W. Magee that are not currently
in place or required prior to this Agreement. The easements and rights
established hereunder shall be covenants running with the land and shall be
binding upon and shall inure to�the benefit of the Parties and their heirs, personal
representatives, assigns and successors in interest as owners, lessees, tenants
or other parties having an interest in said parcels of real property.
11.Each Party agree to indemnify, defend and hold harmless the other Party, its
agents, successors, assigns, representatives, officers, directors, o�icials, tenants
and employees from and against all claims, damages, losses and expenses
arising out of the indemnifying Party's operations or caused by the indemnifying
Party's agents, successors, assigns, representatives, officers, directors, officials
and employees.
12.Each Party grants to the other Party a non�exclusive easement over its property
for the maintenance, repair, replacement and operation of the utility lines and �
connections existing as of the date the deeds described in Paragraphs 2 and 3
above are recorded at the location of such utility lines, and a non-exclusive
easement over its property for reasonable access to such utility lines.
13.Each party agrees to carry public liability insurance against injuries and property'
damage on the Shared Use Easements and Ingress Egress Easements,-as
shown on Exhibit "C," in amounts of coverage of at least one million dollars
($1,000,000.00) per occurrence, naming the other Party as an additional insured.
Upon request of the other Party, copies of insurance policies or certificates of
insurance shall be made available to such requesting Party.
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Page 3 of 19
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14.Notices:
Any notice required or permitted to be given pursuant to this Agreement shall be
in writing and shall be deposited in the United States mail registered or certified,
return receipt requested, and postage prepaid and addressed as follows:
,
To Town: Chief of Police
� Oro Valley Police Department
11000 N. La Canada Dr.
Oro Valley, AZ 85737
Cc: Town of Oro Valley
Legal Services Department
11000 N. La Canada Dr.
Oro Valley, AZ 85737
To Curtis: Christine Curtis
The Richard E. Curtis Family, LLC
2403 E.5th St.
Tucson, AZ 85719
15.This Agreement shall be construed, governed and enforced in accordance with
the laws of the State of Arizona. Further, the venue of any legal proceedings
regarding this Agreement shall be the Arizona Superior Court, Pima County,
Arizona, or in the event of non judicial proceedings, same shall be held in Pima
County, Arizona. In the event either Party shall commence any civil action in
connection with this Agreement, the substantially prevailing party in said civil
action shall be awarded reasonable attorneys' fees, court costs and other costs
and expenses incidental thereto, in addition to all other relief, all of which shall be
set by the judge and not by jury, to which the substantially prevailing party may
be entitled.
16. This Agreement contains the entire agreement between the Parties and it may
not be modified, amended, altered or extended except through a written
amendment signed by the Parties. .
17.This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
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IN WITNESS HEREOF, the Parties have caused this Agreement to be executed on the
attached Counterpart Signature Pages as of the date first appearing above.
Page 4 of 19
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COUNTERPART SIC�(VATURE PAGE
This Counterpart S�g,nature Page is made tQ the Pa�cings Ac�cess and Easement
Ag�eemen�b� and be�een the Town: o�Ora��fal[ey and T'�e Richard E. Curtis Family,
LLC. .
�t�IN.li��gee
THE RICHARD E.CURTIS FAMILY, LLC,a
Maryland limited liability oompany
B • � ��
y
Christi�n.e Cur�is, Member
�State of Arizona )
)ss.
County of_Pima )
On this ay of - 16, by Christine Curtis, as a Member of The
Richard E. Curtis Family, LLC, k wn to me to be the person whose name is subscribed
ta the within instcurnent,persona y appeared befor+�me and ackn.owledged that she
executed the�sa�e�o€tk��purposes�contained�on:be�al��o��the compan�y.
Given under my hand and seal on th�s� ay of 2U16
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Page 5 of 19
1
COUNTERPART SIGNATURE PAGE
This Counterpart Signature Page is made to the Parking, Access and Easement
Agreement by and between the Town of Oro Valley and The Richard E. Curtis Family,
LLC.
500 W. Magee ,
THE TOWN OF ORO VALLEY
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By.
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, reg Cat n, Town Man ger
AP D Sk TO F4 : .�� -
. �%�.
Tobin Sidles
Legal Services Director
State of Arizona )
) ss.
County of Pima )
, On this��(�day of , 2016, by Greg Caton, as Town Manager of The
Town of Oro Valley, known to m to be the person whose name is subscribed to the
within instrument, personally appeared before me and acknowledged that he executed
the same for the purposes contained on behalf of the town.
Given under my hand and seal on this��day of n.[� , 2016
� M�FF�C�a�.S�A�,.a
� � Seal � � NCaroAne Standiford
� � � . oiary Pubftc�Arizona
� Plma Coun
' ` M Cvmmission Ex fres�7 N ota ry
�30 20�s
f:�elwpdocslcuttis,c�nstinelrichard e curtls family Ilclparking access 8�easement egreement1020416 parking and access ag�eement(final with exhibits 02-08-16).doc
Page 6 of 19
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EXHIBIT "A"
Curtis Existing Property
All that portion of Lot 3, MAGEE PLAZA, a subdivision of Pima County, Arizona,
according to the plat of record in the office of the Pima County Recorder, in Book 17 of
Maps, page 60, more particularly described as follows:
,
Commencing at the Southeast corner of said Lot 3;
Run thence, South 89 degrees, 59 minutes, 20 seconds West, along the South line of
Lot 3, 417.00 feet to a point on a line which is 417.00 feet Westerly of and parallel with
the East line of said Lot 3, the true point of beginning;
Thence South 89 degrees, 59 minutes, 20 seconds West, along the South line of Lot 3.
121.00 feet;
Thence parallel with said East line, North 00 degrees, 07 minutes, 00 seconds East,
111.15 feet; ��
Thence parallel with� said South line, North 89 degrees, 59 minutes, 20 seconds East,
35.16 feet;
Thence parallel with said East line, North 00 degrees, 07 minutes, 00 seconds East,
75.00 feet;
Thence parallel with said South line, North 89 degrees, 59 minutes, 20 seconds, East.
9.34 feet;
Thence parallel with said East line, North 00 degrees, 07 minutes, 00 seconds East,
38.52 feet;
Thence parallel with said South line, North 89 degrees, 59 minutes, 20 seconds East,
76.50 feet to a point an a line which is 417.00 feet Westerly of and parallel with the East
line of said Lot 3;
Thence along said parallel line, South 00 degrees, 07 minutes, 00 seconds West 224.67
feet to the true�point of beginning.
Page 7 of 19
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EXHI BIT "B" .
Town Existing Property
Pa rcel I
Lot 3 of Magee Plaza, a subdivision of Pima County, Arizona, according to the map
or plat thereof of record in the office of the County Recorder of Pima County,
Arizona, in Book 17 of Maps and Plats at page 60, and that portion of that certain
Drainageway as shown on said plat, as abandoned by the Board of Supervisors of
Pima County, Arizona, by Resolution and Order No. 1987-11 recorded February 4,
1987, in Docket 7966 at Page 1206, lying Easterly of the Easterly line of the West
200 feet of Lot 3 and its Southerly extension thereof.
Except the West 200 feet thereof; �
Except the East 417.09 feet thereof;
Except that portion described as follows:
Beginning at the Southeast corner of said Lot 3; �
thence South 89 degrees 59 minutes 20 seconds West, along the South line of said
Lot 417 feet to a point on a line which is 417.00 feet Westerly of and parallel with
the East line of said Lot, and The True Point of Beginning;
thence South 89 degrees 59 minutes 20 seconds West, along the South line of said
Lot, 121.00 feet;
thence parallel with said Eas# line, North 00 degrees 07 minutes 00 seconds East,
111.15 feet;
thence parallel with said South line, North 89 degrees �59 minutes 20 seconds East,
35.16 feet;
thence parallel with said East line, North 00� degrees 07 minutes 00 seconds East,
75.00 feet; �
thence parallel with said South line, North 89 degrees 59 minutes 20 seconds East,
9.34 feet;
thence parallel with said East line, North 00 degrees 07 minutes 00 seconds East,
38.52 feet;
Page 8 of 19
thence paralle! with said South line, North 89 degrees 59 minutes 20 seconds East,
� 76.50 feet to a point on a line which is 417.00 feet Westerly of and parallel with the
East line of said Lot;
thence along said parallel line, South 00 degrees 07 minutes 00 seconds West,
224.67 feet to the True Point of Beginning.
Pa rce 1 I�I:
Reciprocal access easement for ingress and egress, utilities and parking appurtenant
to Parcel I as more fully set out and described in instrument recorded in Docket 7622
at Page 554.
Page 9 of 19
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EX H I B IT "D"
Property Town is Conveying to Curtis
PARCEL I:
That portion of Lot 3 of Magee Plaza, a subdivision of Pima County, Arizona, recorded
in Book 17 of Maps at page 60 of Pima County Maps and Plats, Pima County Arizona,
described as follows;
Commencing at a#4 rebar at the Southeast corner of said Lot 3;
Thence South 89° 59' 20" West, along the South line of said Lot 3( Basis of Bearings)
538.00 feet to a#4 reba r tagged LS 26932; ,
Thence North 00° 07' 00" East, 111.15 feet;
� Thence North 89°59'20" East, 17.14 feet;
Thence North 00° 07'00" East, 8.15 feet;
Thence North 89°59'20" East, 24.00 feet;
Thence North 00°07 '00" East, 91.68 feet;
Thence North 89° 59' 20" East, 3.36 feet;
Thence North 00° 07' 00" East, 13.69 feet; "
Thence North 89°59'20" East, 66.50 feet to the Point of Beginning;
Thence continue North 89°59'20" East, 10.00 feet;
Thence North 00° 07' 00" East, 46.43 feet;
_ Thence South 89°59' 20"West, 10.00 feet;
Thence South 00°07' 00"West, 46.43 feet to the Point of Beginning;
Containing 464 square feet more or less.
Page 11 of 19
PARCEL il:
.
That portion of Lot 3 of Magee Plaza, a subdivision of Pima�County, Arizona, recorded
in Book 17 of Maps at page 60 of Pima County Maps and Plats, Pima County Arizona,
described as follows;
Commencing at a#4 rebar at the Southeast corner of said Lot 3;
Thence South 89° 59' 20" West, along the South line of said Lot 3( Basis of Bearings)
538.00 feet to a#4 rebar tagged LS 26932;
Thence North 00° 07' 00" East, 111.15 feet;
Thence North 89°59' 20" East, 17.14 feet;
Thence North 00° 07' 00" East, 8.15 feet;
Thence North 89° 59'20" East, 18.02 feet;
Thence North 00° 07'00" East, 66.85 feet;
Thence North 89° 59' 20" East, 5.98 feet to the Point of Beginning;
Thence continue North 89°59' 20" East, 3.36 feet;
Thence North 00° 07' 00" East, 24.83 feet;
Thence South 89° 59'20"West, 3.36 feet; .
Thence South 00°07' 00"West, 24.83 feet to the Poi nt of Beg i n n i ng;
Containing 83 square feet more or less.
PARCEL III:
That portion of Lot 3 of Magee Plaza, a subdivision of Pima County, Arizona, recorded
in Book 17 of Maps at page 60 of Pima County Maps and Plats, Pima County Arizona, �
described as follows;
Commencing at a #4 rebar at the Southeast corner of said Lot 3;
Thence South 89° 59' 20" West, along the South line of said Lot 3( Basis of Bearings)
538.00 feet to a#4 rebar tagged LS 26932 and the Point of Beginning;
Page 12 of 19
Thence continue South 89° 59' 20"West, 18.50 feet;
Thence North 00° 07' 00" East, 73.30 feet;
Thence North 89°59' 20" East, 18.50 feet;
Thence South 00°07' 00"West, 73.30 feet to the Point of Beginning;
Containing 1356 square feet more or less.
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Page 13 of 19
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EXHIBIT"E"
Property Curtis is Conveying to Town
PARCEL I:
That portion of Lot 3 of Magee Plaza, a subdivision of Pima County, Arizona, recorded
in Book 17 of Maps at page 60 of Pima County Maps and Plats, Pima County Arizona,
described as follows;
Commencing at a#4 rebar at the Southeast corner of said Lot 3;
Thence South 89° 59' 20" West, along the South line of said� Lot 3( Basis of Bearings)
538.00 feet to a#4 rebar tagged LS 26932;
Thence North 00° 07' 00" East, 111.15 feet;
Thence North 89° 59' 20" East, 17.14 feet;
- Thence North 00° 07' 00" East, 8.15 feet;
Thence North 89° 59' 20" East , 18.02 feet;
Thence North 00° 07' 00" East, 66.85 feet;
Thence North 89° 59' 20" East, 5.98 feet;
Thence North 00° 07' 00" East, 24.83 feet;
Thence North 89° 59' 20" East, 3.36 feet to the Point of Beginning;
Thence continue North 89° 59' 20" East, 66.50 feet;
Thence North 00° 07' 00" East, 13.69 feet;
Thence South 89° 59' 20"West, 66.50 feet;
Thence South 00° 07' 00"West, 13.69 feet to the Point of Beginning;
Containing 910 square feet more or less. .
Page 14 of 19
A
PARCEL 11:
That portion of Lot 3 of Magee Plaza, a subdivision of Pima County, Arizona, recorded
in Book 17 of Maps at page 60 of Pima County Maps and Plats, Pima County Arizona,
described as follows;
Commencing at a#4 rebar at the Southeast corner of said Lot 3;
Thence South 89° 59' 20" West, along the South line of said Lot 3( Basis of Bearings)
538.00 feet to a#4 rebar tagged LS 26932;
Thence North 00° 07' 00" East, 73.30 feet to the Point of Beginning;
Thence North continue 00° 07' 00" East , 37.85 feet;
Thence North 89° 59' 20" East, 35.16 feet;
Thence North 00° 07' 00" East, 75.00 feet;
Thence North 89° 59' 20" East, 5.98 feet;
.�
Thence South 00° 07' 00"West, 112.85 feet; ,
� Thence South 89° 59' 20"West, 41.14 feet to the Point of Beginning;
Containing 2006 square feet more or less.
�
Page 15 of 19
EXHIBIT"F"
Ingress Egress Easement being Granted to the Town by Curtis
That portion of Lot 3 of Magee Plaza, a subdivision of Pima County, Arizona, recorded
� in Book 17 of Maps at page 60 of Pima County Maps and Plats, Pima County Arizona,
described as follows;
Commencing at a#4 rebar at the Southeast corner of said Lot 3;
Thence South 89° 59' 20" West, along the South line of said Lot 3( Basis of Bearings) �
496.86 feet to the Point of Beginning;
Thence continue South 89° 59'20"West, 24.00 feet;
Thence North 00° 07` 00" East, 73.30 feet;
_, Thence North 89° 59'20" East, 24.00 feet;
Thence South 00° 07' 00"West, 73.30 feet to the Point of Beginning;
Containing 1,759 square feet more or less.
Page 16 of 19
u
a
EXHIBIT "G"
Ingress Egress Easement being Granted to Curtis by the Town
That portion of Lot 3 of Magee Plaza, a subdivision of Pima County, Arizona, recorded
in Book 17 of Maps at page 60 of Pima County Maps and Plats, Pima County Arizona,
described as follows;
Commencing at a#4 rebar at the Southeast corner of said Lot 3;
Thence South 89° 59' 20" West, along the South line of said Lot 3( Basis of Bearings)
496.86 feet;
Thence continue North 00°07' 00" East, 73.30 feet to the Point of Beginning;
Thence North 00° 07' 00" East, 37.85 feet;
Thence South 89° 59' 20"West, 24.00 feet;
, Thence South 00 °07' 00"West, 37.85 feet;
Thence North 89° 59' 20" East, 24.00 feet to the Point of Beginning; �
.
Containing 908 square feet more or less.
.:
,,
�
Page 17 of 19 �
V
9.
I
- EXHIBIT "H"
Shared Use Easement being Granted to the Town by Curtis
That portion of Lot 3 of Magee Plaza, a subdivision of Pima County, Arizona, recorded
in Book 17 of Maps at page 60 of Pima County Maps and Plats, Pima County Arizona,
described as follows;
Commencing at a#4 rebar at the Southeast corner of said Lot 3;
Thence South 89° 59' 20" West, along the South line of said Lot 3( Basis of Bearings)
556.50 feet;
Thence North 00° 07' 00" East, 73.30 feet;
Thence North 89°59'20" East, 35.64 feet;
Thence North 00°07' 00" East, 37.85 feet
Thence North 89°59' 20" East, 24.00 feet to the Point of Beginning; .
,
Thence continue North 89°59' 20" East, 3.36 feet;
Thence North 00° 07' 00" East, 99.83 feet;
Thence South 89° 59' 20"West, 3.36 feet;
Thence South 00°07'00"West, 99.83 feet to the Point of Beginning;
Containing 335 square feet more or less.
Page 18 of 19
�
�i;
EXHIBIT"I"
Shared Use Easement being Granted to Curtis by the Town ,
That portion of Lot 3 of Magee Plaza, a subdivision of Pima County, Arizona, record�d
in Book 17 of Maps at page 60 of Pima County Maps and Plats, Pima County Arizona,
described as follows;
Commencing at a#4 rebar at the Southeast corner of said Lot 3;
Thence South 89° 59' 20" West, along the South line of said Lot 3( Basis of Bearings)
556.50 feet; ,
Thence North 00° 07' 00" East, 73.30 feet;
Thence North 89°59' 20" East, 35.64 feet;
Thence North 00° 07' 00" East, 37.85 feet to the Point of Beginning;
Thence continue North 00° 07' 00" East, 8.15 feet;
Thence North 89°59' 20" East, 16.00 feet;
Thence North 00° 07' 00" East, 101.68 feet;
Thence North 89°59' 20" East, 69.86 feet;
Thence North 00° 07' 00" East, 50.13 feet; , �
Thence North 89° 59' 20" East, 8.00 feet;
Thence South 00° 07'00"West, 60.13 feet;
Thence South 89°59' 20" West, 69.86 feet;
Thence South 00° 07' 00"West, 99.83feet; _
Thence South 89° 59'20" West, 24.00 feet to the Point of Beginning;
Containing 2,109 square feet more or less.
Page 19 of 19
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