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HomeMy WebLinkAboutEasements - Utility Easement between the Town of Oro Valley and Saint Mark Roman Catholic Parish - Tucson20251350255 05115/2025 10:47 AM Page 1 of 6 eRECORDED IN OFFICIAL RECORDS OF PIMA COUNTY, AZ Gabriella Cazares-Kelly, Recorder WHEN RECORDED MAIL TO: Town of Oro Valley Government Entity Attn: Town Clerk's Office 11,000 N. La Canada Dr. Oro Valley, AZ 85737 CAPTION HEADING: Utility Easement Between the Town of Oro Valley and Saint Mark Roman Catholic Parish - Tucson DO NOT REMOVE. THIS COVER SHEET IS A PART OF THE ORIGINAL DOCUMENT 20251350255 Page 2 of 6 UTILITY EASEMENT Saint Mark Roman Catholic Parish — Tucson, ("Grantor"), does hereby grant to the Town of Oro Valley, ("Grantee"), a perpetual easement and right -of way for ingress and egress and a utility easement on, over, under, and through the burdened land as legally described in Exhibit "A", attached hereto and incorporated herein by this reference. 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 burdened land. Grantee may enter the Property at all reasonable times necessary or convenient to accomplish the foregoing. Following entry for the above purposes, Grantee shall restore the Property to a good and clean condition, and if the property is paved, restore said pavement. This easement is subject to the following conditions: Grantor may use said right-of-way and easement for any purposes not inconsistent with actual use of said right-of-way and utility easement for the purposes herein granted, so long as Grantee's use and access to this right -of way and easement is not obstructed. 2. Grantor warrants that he/she holds good title to the burdened land, and thereby has the authority and right to enter into this agreement. 3. All easements and rights described herein are easements and rights running with the land, 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. 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 conveyance 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. Release and Indemnification. The Parties hereby agree to release each other, and their respective successors and assigns, and their respective officers, directors, employees, contractors, and agents (collectively, the "Indemnitees") from any and all claims, suits, and causes of action arising out of, or in any way connected with, activities conducted by each Party or its workers on or from, or occurrences that result from the action or inaction of each Party or its workers that take place on the Utility Easement. The Parties shall indemnify, protect, and defend the Indemnitees, and hold the Indemnitees harmless for, from, and against any and all loss, cost, claims, suits, causes of action, liability, and damage of any type or nature, including, without limitation, for bodily injury, death, property damage, and reasonable attorneys' fees, 20251350255 Page 3 of 6 resulting from or arising out of any activities in connection with the Utility Easement. This provision shall survive the termination and/or expiration of this instrument. THIS EASEMENT granted this GRANTOR Y: Title: STATE OF ARIZONA ) SS COUNTY OF PIMA ) day of ^A), '2025. This instrument was acknowledged before me this kday of 2025, by N : ary Public *my ELIJAH R0BINSON Notary OublIC • Arizona My Commission Expires: ( 6rt,�• �`� CommPima flion N 602240 Comm, Expires May 28, 2025 20251350255 Page 4 of 6 Exhibit A 20251350255 Page 5 of 6 February 10, 2025 Psomas #7KEG240301 Page 1 of 2 EXHIBIT A LEGAL DESCRIPTION A portion of that certain parcel as described in Docket 10918, Page 2304, records of Pima County, located within the Northwest quarter of Section 4, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the Northwest corner of Section 4, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona; THENCE South 00°32'49" East a distance of 423.27 feet; THENCE North 89027'11" East a distance of 203.44 feet to the west line of a utility easement recorded as sequence number 20152080620, records of Pima County, said point also being the POINT OF BEGINNING. THENCE along said west line, North 00°42'33" West a distance of 178.60 feet; THENCE along the south line of said utility easement, South 89'17'27" West a distance of 15.00 feet; THENCE along the west line of said utility easement, North 00042'33" West a distance of 15.00 feet; THENCE South 89'17'27" West a distance of 13.22 feet; THENCE South 09°00'08" East a distance of 195.65 feet to the POINT OF BEGINNING. The portion described above contains 2506.7 square feet. See Depiction of Exhibit A attached hereto and made a part hereof. Prepared By: Psomas Donald E. Bjelk, AZ. R.L.S. 58199 T:\7KEG240301\SURVEY\LEGALS\Water Easement Legal.doex v 0 POINT OF COMMENCEMENT TANGERINE ROAD NO. 921 NW CORNER SECTION 4 BK. 7, PG. 83, ROAD MAPS I I N I I 0 z z 0 w ly- IN 0 m L4 o I� I n V) m z� Oz X r N p�C 0 w ftf . N 89, ° _27' 11 "E 203.44' 01 Y CO Im 0 •o 200 UTILITY EASEMENT SEQ. NO. 20152080620 L3 ------- }- L2 2506.7 SQ. FT. 224-11-023F SAINT MARK ROMAN CATHOLIC PARISH - TUCSON DKT. 10918, PG. 2304 POINT OF BEGINNING I--150'I R/W--� — — — I I I- W 1 /4 CORNER SECTION 4 1745 E. River Road, Suite 245 Tucson, AZ 85718 (520) 292-2300 (520) 292-1290 fax www.psomos.com 7KEG240301 LINE BEARING DISTANCE L1 N 00°42'33" W 178.60' L2 S 89° 17'27" W 15.00' L3 N 00°42'33" W 15.00' L4 S 89° 17'27' W 13.22' L5 S 09'00'08' E 195.65 DEPICTION OF EXHIBIT "A" WATER EASEMENT A PORTION OF THAT PARCEL RECORDED IN DOCKET 10918, PAGE 2304 LOCATED IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 12 SOUTH, RANGE 13 EAST GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA DATE: FEBRUARY, 2025 9 DRAWN BY: VRM PAGE 2OF2