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Home My WebLink AboutEasements - Utility Easement, VP II Loan LLC and ML Manager LLC as agent for those individual owners (Grantors) SEQUENCE: 20182900581 No. Pages: 12 10/17/2018 4:99 PM When recorded return to: F. ANN RODRIGUEZ, RECORDER Recorded By: MLR(e-recordin. FIDELITY NATIONAL TITLE 53-7(96,150 1008D3/ UTILITY 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 ingress and egress and a utility easement(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 utility facilities and appurtenances on,over,under,and through the Easement Property as shown in Exhibit"B", attached hereto and incorporated herein by this reference. 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,and if the Easement Property is paved,restore said pavement. 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. Any and all easements and rights granted herein shall be freely assignable by Grantee. 5. 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 13659528.5/028149.0053 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. 6. 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. 7. 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.) 13659528.5/028149.0053 THIS EASEMENT granted this 1 I day of .-0 ,2018. GRANTOR VP II Loan LLC,an Arizona limited liability company By ML MANAGER LLC, an Arizona limited liability company,its Manager / i //91 B.: ill /f'- 4 _ ,, ark Winkleman,Chief Operating Officer STATE OF ARIZONA ) )ss. County of Maricopa ) ITh foregoing instrument was acknowledged before me this 30 day of ,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. v firli( Notary Public My Commission Expires: C41 t1/at 1,.,...L..... KAREN TURPIN `-1.:'')/ NOTARY PUBLIC•ARIZONA s NWt7::COUNTY My Comm.Exp.:Jurxf 19,20Q1 13659528.5/028149.0053 112' ML MANAGER LLC, an Arizona limited liability company,as Agent for the Owneed on Exh's t A:,aid 1LZB : L= ' .r Winkleman,Chief Operating Officer STATE OF ARIZONA ) )ss. County of Maricopa ) .h foregoing instrument was acknowledged before me thisrJ day of 11 ,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. --- 1(Aa-i/S---- 1 Notary Public My Commission Expires: Lp Itql7( , KAREN TURPIN =I Norwtr vukAc-UNTY �aizow► \�_s'/ My comm.Exp.:Jur 19,2021 13659528.5/028149.0053 GRANTEE: Town of Oro Valley t I /,a%,/ Dr.Satis I. it math,Mayor ATTEST: APPROVED AS TO FORM: 0/ 41 J 4 It L// .7 ,./, Michael Standish,Town Clerk Tobin Sidles,Legal Setvices Director STATE OF ARIZONA ) SS COUNTY OF PIMA ) This instrument was acknowledged before me this 9 day of (t-t(.9[,L_a_-f ,2018,by be. SaMsh 14iremrt/,the mayor of the Town of Oro Valley, an Arizona municipal corporation,on behalf thereof. , SEAL -- [.. ` Michelle Stine ,1�J��1,� NotaryPubbc-Arizona G 11 Pimati .,-�M Co�n�nission Ex ies 312E 2020 NotaryPublic My Commission Expires: Mardi 2 Cot 2 0 2 0 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 13659528.5/028149.0053 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 13659528.5/028149.0053 EXHIBIT"B" (See attached) 13659528.5/028149.0053 February 7,2018 WLB No.185050-PH-03 WALEGALS1.1850501Nh051.5 W&XINH_5 Access&Utility esmtdocx 10roup LEGAL DESCRIPTION RANCHO VISTOSO NEIGHBORHOOD 5 ACCESS&UTILITY EASEMENT A portion of that certain parcel described in Docket 9737,Page 1102,Pima County Records,lying within Section 31,Township 11 South,Range.14 East,Gila and Salt River Meridian,Pima County,Arizona,described as follows' COMMENCING at the Southwest corner of said Section 31 from which the South quarter corner of said Section 31 bears S 89'36'25"E,a distance of 2583.45 feet; THENCE S 89'36'45"E,along the South line of the Southwest quarter of said Section 31,a distance of 1352.25 feet; THENCE N 00°23'35"E.a distance of 634.31 feet to the North right-of-way line of Tangerine Road and the POINT OF BEGINNING; THENCE N 32'01'49"W,along the West line of said parcel,a distance of 427.72 feet; THENCE leaving said West line,N 64°48'39"E,a distance of 192.70 feet; THENCE N 205415"W,a distance of 109.20 feet to the beginning of a tangent curve concave to the Southwest; THENCE,along said curve to the left,having a radius of 187,50 feet,a central angle of 37'0544, the chord of which bears N 37'38'44"W a distance of 119.29 feet,for an arc length of 121.40 feet toe point of tangency; THENCE N 56°1136"W.a distance of 147.82 feet to 91E3 beginning of a tangent curve concave to the Northeast; THENCE,along said curve to the right,having a radius of 212.50 feet,a central angle of 16"11.15, he chord of which bears N 46°05'59'W a distance of 59.84 feet,for an arc length of 60,04 feet to a point of tangency; THENCE N 40°00'21"W,a distance of 107.40 feet to a point on the South line of that certain parcel of land described in Docket 13713,Page 3724,Pima county records; THENCE N 69°09'23"E,along said South line,a distance of 26.47 feet; THENCE leaving said South line,S 40°00'21"E,a distance of 158.71 feet to beginning of a tangent curve concave to the Northeast; Page 1 of 3(Sketch is Page 31 13659528.5/028149.0053 February 7,2018 WLB No.185050-PH-03 W:IEGALSc1850501Nh05%51010&XVIH_5 Access&Utility esmt.docx THENCE,along said curve to the left,hawing a radius of 187.50 feet.a central angle of 1511.15", the chord of which bears$48.05'59"E a distance of 52.80 feet,for an arc length of 52.97 feet to a point of tangency; THENCE S 56°11'36"E,a distance of 147.82 feet to the beginning of a tangent curve concave to the Sou1hvvest; THENCE along said curve to the right,having a radius of 212.50 feet,a central angle of 37'05'44', the chord of which bears S 37'38'44'E a distance of 134 81 feet,for an arc length of 137.17 feet to a point of tangency; THENCE S 20°54'15"E.a distance of 109.84 feat; THENCE N 64°48'39"E,a distance of 69,96 feet to the West line of that certain Conservation Easement as described in Docket 11873,Page 363,Pirna County Records; THENCE S 25'11'21'E..along said West line,a distance of 468.56 feet to a point on the North right-of—way line of Tangerine Road: THENCE 5 72'33'15'W,along said North right-of-way line,a distance of 178.00 feet; THENCE S 83'03'18'W,continuing along said right-of-way line,a distance of 63.59 feet to the POINT OF BEGINNING: EXCEPT:those parcels of land conveyed to the Town of Oro Valley as described in Docket 10285. Page 296.Pima County Records CONTAINING:120,215 square feet or 2,7598 acres of land,rnore or less_ Prepared By c..ct THE WLB GROUP,INC. 44121 9 PETER D. Peter D_Cote.RLS 44121 ia COTE EXPIRES 3-31-2018 Page 2013(Sketch is Page 3) 13659528.5/028149.0053 _..._.._ .„..,_..._. \ 219-20-9145 \ .. \ Dig.13713 \ \ RC-3724 __,---A CONSERVATION LOME - \---\ „,„..------ \,..„,`EIKT 11873.PG,363 --''',..---- ".--N :',.. ,,,,‘. ‘ N:l. \ .,-,--''-- , \ <4...... ' 219-20-914C . .....,‘,. , t..., \ ., 1 r) \ 40LUOED PARCELS'''. ...' \ IRE 105,PG.296 ‘ \ N. \ \ ..---------- / \ \ ..,......-1---- „,. ___,------- / .-------------\'' ------ _.-----.....--- POINT OF BEGINNING TANGERINE ROAD Vii Nt,:i , I i 36. 31 I SW COR 1352.25' I 6 - Si COR 6 SEC 31 SEC 31 POINT CF COMMENCEMEN T 1 I I i EXHIBIT TO ACCOMPANY DESCRIPTION OF ACCESS & UTILITY EASEMENT RANCHO VISTOSO NEIGHBORHOOD 51" Q , ! SECTION 31, T-1 I S, R—14E, G.S.R.M., .30 r; WLB N. PIMA COUNTY, ARIZONA 'LT3 WILE 11°: 185050-PN-03 a:\185050\PH-03\Survey\SV_5 X&W_Iegals,dwg PACE 3 OF 3 13659528.5/028149.0053