HomeMy WebLinkAboutEasements - Trail Easement, VP II Loan LLC and ML Manager LLC as agent for those individual owners (Grantors) gr SEQUENCE: 20182900580
No. ages: 11
10/17/2018 4:49 PM
When recorded return to: F. aNN RODRIGUEZ, RECORDER z
Recorded By: MLR(e-recordin rz'
FIDELITY NATIONAL TITLE
-3---000-7573 %
X100 e03
TRAIL EASEMENT
VP II Loan LLC and ML Manager LLC as agent for those individual owners listed on
Exhibit"A"attached(together,"Grantor"),does hereby grant to Town of Oro Valley,an
Arizona municipal corporation("Grantee"),a perpetual easement and right-of way for non-
motorized public access,ingress,egress and use as a trail(the"Easement")on,over,under,and
through the burdened land as legally described in Exhibit"B",attached hereto and incorporated
herein by this reference(the"Easement Property").Grantee is hereby granted the right to lay,
construct,operate,maintain,inspect,repair,replace,relocate and remove trail facilities and
appurtenances on,over,under,and through the Easement Property.
Grantee may enter the Easement Property at all reasonable times necessary or convenient
to accomplish the foregoing. Following entry for the above purposes,Grantee shall restore the
Easement Property to a good and clean condition.
This Easement is subject to the following conditions:
1. Grantor may use the Easement Property for any purposes not inconsistent with actual
use of said Easement Property for the purposes herein granted,so long as Grantee's
use and access to the Easement Property is not obstructed.
2. Grantor owns the Easement Property and has the authority to grant the Easement.
3. All easements and rights described herein are easements and rights running with the
Easement Property,perpetually in force and effect,and at all times shall inure to the
benefit of,and are binding on,Grantee and Grantor,their successors and assigns,
respectively.
4. Grantee shall use the Easement Property in accordance with all applicable laws,
statutes,codes,rules and regulations(the"Laws").Grantee,at Grantee's sole cost and
expense, shall be solely responsible for maintaining and repairing the Easement
Property in a good, safe, clean and commercially reasonable condition and in
accordance with all applicable Laws.Grantee shall keep the Easement Property free
of any liens and encumbrances on account of the use of the Easement Property by
Grantee.
13765234.2/028149.0053
5. Grantee covenants and agrees to indemnify, defend (with counsel reasonably
approved by Grantor)and hold harmless Grantor and its successors and assigns(the
"Indemnified Parties")for,from and against any and all actual or alleged claims,
demands, causes of actions, liabilities, damages, costs and expenses (including,
without limitation,reasonable attorneys'fees,expert witness'fees,court costs and
other litigation-related expenses)(collectively,"Claims")that may be claimed or
asserted against any of the Indemnified Parties, the Easement Property, or any
adjacent property owned by the Indemnified Parties, for bodily,injury, death or
property damage,arising out of,relating to,or in connection with(i)the exercise by
Grantee of any of its rights granted under this Easement,or(ii)the breach by Grantee
of any of its covenants or obligations under this Easement.The indemnification and
defense obligations hereunder shall survive any termination of this Easement.
6. Reference in subsequent deeds of conveyance,or in any mortgage or deed of trust or
other evidence of obligation,to the easements and rights described in this Easement
within any subsequent conveyance of the burdened land or assignment of easement
and or easement rights shall be sufficient to create and reserve such easements and
rights to the respective grantees,mortgagees,and trustees of such unit of ownership
as fully and completely as though such easements and rights were recited fully and set
forth in their entirety in such documents.
(Signatures of the parties appear on the following pages.)
13765234.2/028149.0053
THIS EASEMENT granted this 1 1 day of l.J c—► 6 Z ,2018.
GRANTOR
VP II Loan LLC,an Arizona limited liability
company
By ML MANAGER LLC,
an Arizona limited liability compan,,its
Manager
B �•
ark Winkleman,Chief Operating
Officer
STATE OF ARIZONA )
)ss.
County of Maricopa
�e foregoing instrument was acknowledged before me this day of
tiJ(A ,2018,by Mark Winkleman,known by me to be the Chief Operating
Officer of L Manager LLC,an Arizona limited liability company,the Manager of VP II
Loan LLC,an Arizona limited liability company,on behalf of the company.
Notary Public
My Commission Expires:
4 /vlj2_I
• KAREN TURPIN
NOTARY PUBLIC•ARIZONA
`�'�/'-% NIARICOPACOUNTY
My Comm.Exp..Jur.19,2021
13765234.2/028149.0053
ML MANAGER LLC,
an Arizona limited liability company,as•gent
for the Owne s :ted on Ex .it; . .. ed
B : _ 'A
ark Winkleman,Chief Operating Officer
STATE OF ARIZONA )
)ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this1) day of
iif ,2018,by Mark Winkleman,known by me to be the Chief Operating
Officer of Manager LLC,an Arizona limited liability company,as Agent for the Owners
listed on Exhibit A attached.
c
L:AI -A
Notary Public
My Commission Expires:
40 (c/(
- . KAREN TURPIN
l �)' NOTARY PUSUC-ARIZONA
`�`a`i/' MARICOPA COUNTY
My Comm.Exp.:Jure 19,2021
13765234.2/028149.0053
GRANTEE:
Town of Oro Valley
or.Satish I.Hiremath,Mayor
ATTEST: APPROVED AS TO FORM:
' itara /4 ,441-61
Michael Standish,Town Clerk Tobin Sidles,Legal Services Director
STATE OF ARIZONA )
SS
COUNTY OF PIMA )
This instrument was acknowledged before me this 9 day of r P/2.L ,2018,by
lonaitig e. 026Z ,the,E/111 !4Wi1 44.,91'of the Town of Oro Valley,
an Arizona municipal corporation,on behalf thereof.
-t',
` 'OFFICIALSEAL
'%0D' Commissiones7/252021 Notary Public
My Commission Expires: 1-,.5- ,Ofd/
15
EXHIBIT"A"
OWNERS
Trine Holdings,L.L.C.,an Arizona limited liability company,as to an undivided 2.894%
ownership
VP II Loan LLC,an Arizona Limited Liability Company,as to an undivided 71.221%ownership
Bruce Dennis Buckley and Alivia Virginia Buckley,Trustees of The Bruce Dennis Buckley and
Alivia Virginia Buckley Revocable Living Trust dated June 4,1985 and Amended December 7,
1994,as to an undivided 0.813%ownership
Walter J.Clarke,Sr.,a married man,as his sole and separate property,as to an undivided
0.151%ownership
First Trust Company of Onaga,Custodian FBO Walter J.Clarke,Sr.Roth IRA Account
#R215XXXX,as to an undivided 0.255%ownership
David Furst and Hannah Furst,Trustees of The Furst Family Trust dated July 1,1988,and any
amendments thereto,as to an undivided 0.427%ownership
Harvey Golden and Merylee Golden,husband and wife as joint tenants with right of
survivorship,as to an undivided 0.184%ownership
Queen Creek XVIII,L.L.C.,an Arizona limited liability company,as to an undivided 4.065%
ownership
First Trust Company of Onaga,Custodian FBO Stephen L.Hooker IRA#41021 XXXXX,as to
an undivided 0.602%ownership
Lonnie Joel Krueger,Trustee of The Lonnie Joel Krueger Family Trust Agreement dated January
24,1991,as to an undivided 0.504%ownership
Maurice J.Lazarus,Trustee of The Maurice J.Lazarus Charitable Remainder Annuity Trust
under Agreement dated March 15,1999,as to an undivided 0.705%ownership
WCL858006,LLC,an Arizona limited liability company,as to an undivided 4.065%ownership
13765234.2/028149.0053
Investor CLOUT,an Arizona Partnership,as to an undivided 4.065%ownership
William J.Miller and Sandra B.Miller,Trustees of the Miller Family Trust dated February 7,
2000,and any amendments thereto,as to an undivided 2.033%ownership
First Trust Company of Onaga,Custodian FBO Katalin Rader Roth IRA Account#R215XXXX,
as to an undivided 0.813%ownership
Linda A.Reeves,Trustee of The Linda Ann Reeves Trust dated March 2,2005,and any
amendments thereto,as to an undivided 2.106%ownership
Robert G.Roden,Trustee of The Robert G.Roden Living Trust dated October 1,2004,and any
amendments thereto,as to an undivided 1.626%ownership
First Trust Company of Onaga,Custodian FBO Susan E.Shipley IRA#41021XXXXX,as to an
undivided 0.813%ownership
David Brian Stanton,Trustee of the David Brian Stanton Revocable Trust dated August 25,
2004,and any amendments thereto,as to an undivided 0.594%ownership
John C.Vinson and Taeko Vinson,Trustees of the John Charles Vinson Family Trust dated
December 3,1984,and any amendments thereto,as to an undivided 2.064%ownership
13765234.2/028149.0053
EXHIBIT"B"
(See attached)
13765234.2/028149.0053
LEGAL DESCRIPTION
RANCHO VISTOSO NEIGHBORHOOD 5
TRAIL EASEMENT
A 100 foot strip of land across a portion of Sections 19 and 30,Township 11 South,Range 14 East,
Gila and Salt River Meridian,Pima County,Arizona,described as follows:
COMMENCING at the West quarter corner of said Section 30 from which the Northwest corner of
said Section 30 bears N 00°04'48"E,a distance of 2642.36 feet;
THENCE N 00°04'48"E,along the West line of the Northwest quarter of said Section 30,a distance
of 521.09 feet to a point on the Easterly line of an existing electric easement as recorded in Book
75,misc.,Page 364,Pima County records and the POINT OF BEGINNING 1;
THENCE N 15°47'58"E,along said Easterly line,a distance of 2941.36 feet to the Southerly line of
RANCHO VISTOSO NEIGHBORHOOD 5,PARCEL C,a subdivision of Pima County,Arizona as
recorded in Book,47,Maps&Plats,Page 66,Pima County records:,
THENCE N 81°13'08"W,along said Southerly line,a distance of 100.76 feet to the Westerly line of
said electric easement;
THENCE S 15°47'58"W,along said Westerly line,a distance of 2573.75 feet to a point on the West
line of the Northwest quarter of said Section 30;
THENCE S 00°04'48"W, along said West line of the Northwest quarter of said Section 30,a
distance of 369.10 feet to the POINT OF BEGINNING 1;
CONTAINING:275,757 square feet or 6.3305 acres of land,more or less.
TOGETHER WITH:
A 100 foot strip of land across a portion of Section 25,Township 11 South,Range 13 East,Gila and
Salt River Meridian,Pima County,Arizona,described as follows:
COMMENCING at the Southeast corner of said Section 25 from which the East quarter corner of
said Section 25 bears N 00°08'50"W,a distance of 2628.48 feet;
THENCE S 89°50'40"W,along the South line of the Southeast quarter of said Section 25, a
distance of 897.93 feet to a point on the Easterly line of that aforementioned electric easement
recorded in Book 75,misc.,Page 364,Pima County records;
THENCE N 15°47'58" E, along said Easterly line, a distance of 31.20 feet to the POINT OF
BEGINNING 2;
13765234.2/028149.0053
THENCE continue N 15°47'58"E,along said Easterly line,a distance of 2365.64 feet to a point on
the Southerly line of ALTERRA AT VISTOSO TRAILS,a subdivision of Pima County,Arizona as
recorded in Seq.No.20173070030,Pima County records;
THENCE N 45°00'00"W,along said Southerly line,a distance of 114.56 feet to the Westerly line of
said electric easement;
THENCE S 15°47'58"W,along said Westerly line,a distance of 2450.12 feet to a point on a line
30.00 feet North of and parallel with the South Line of the Southeast quarter of said Section 25;
THENCE N 89°50'40"E,along said parallel line,a distance of 104.01 feet to the POINT OF
BEGINNING 2.
CONTAINING:240,798 square feet or 5.5280 acres of land,more or less.
13765234.2/028149.0053
RANCHO VISTOSO 1115 PARCEL C
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EXHIBIT TO ACCOMPANY DESCRIPTION OF
RANCHO VISTOSO NEIGHBORHOOD 5
TRAIL EASEMENT
SECTION 25, T-11S, R-13E, G.S.R.M. & 1 .600'
SECTION 19 & 30, T-11S, R-14E, G.S.R.M.,
PIMA COUNTY, ARIZONA
WLB No, 185050-PH-03
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