HomeMy WebLinkAboutProperty - Acquisitions - Acquisition/Condemnation Action Miller Property Right of Way for La Canada Extension (R)03-116 RECEIVED
NOV 1 6 2044
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA Per
IN AND FOR THE COUNTY OF PIMA
CASE: C-20040412
JOSEPH N ANDREWS
11000 N LA CANADA DR.
TUCSON, AZ 85737
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ORDER OF DISMISSAL
Service of summons and complaint not having been made upon the
defendant (s) listed below within 120 days after filing of the complaint
and any extensions thereof,
IT IS HEREBY ORDERED that this action is dismissed without
prejudice as to the defendant (s) listed below, pursuant to Rule 4 (i) of
the Rules of Civil Procedure.
ALL PREVIOUSLY DEFERRED FEES SHALL BE PAID IN FULi WITHIN DAYS.
,zr.
Director,Calendar Services
JUDGE OF SUPERIOR COURT
V
Y
Under the authority pby rovided / 1
Administrative Order No. 2004-08 DATE
A .n.is*:.is**;c ;JC k k*A**k:k*****:k** *`,C:k:u r:**;k;L*!:*******;l-*********k*•k**************
PLAINTIFF VS DEFENDANT
TOWN OF ORO VALLEY CHASE MANHATTAN BANK USA, N.
GUARANTY AGENCY OF ARIZONA,
CC: JOSEPH N ANDREWS
RECEIVES 7-1LE
PATP,r,
!,\
nrc 10 2004 CCART
Per ünV 12 PM 12: 54
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF PIMA
BY E. 3RAOF
CASE: C-2004041 nT Y
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ORDER OF DISMISSAL
Service of summons and complaint not having been made upon the
defendant(s) listed below within 120 days after filing of the complaint
and any extensions thereof,
IT IS HEREBY ORDERED that this action is dismissed without
prejudice as to the defendant (s) listed below, pursuant to Rule 4 (1) of
the Rules of Civil Procedure.
ALL PREVIOUSLY DEFERRED FEES SHALL BE PAID IN FULL WITHIN ,.PAYS.
jihilotstio
Director,Calendar Services
JUDGE OF SUPERIOR COURT
Under the authority provided by
Administrative
Order No. 2004-08
DATE
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PLAINTIFF VS DEFENDANT
TOWN OF ORO VALLEY CHASE MANHATTAN BANK USA, N.
GUARANTY AGENCY OF ARIZONA,
CC: JOSEPH N ANDREWS
.- I j
_ r ' ,_AND
IRT
•
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE
COUNTY OF PIMAOivfV 26
4
CASE: C-20040412
PRM't" O
tint
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ORDER OF DISMISSAL
It appearing that this case has been on the inactive calendar for two
months or more; THEREFORE,
IT IS ORDERED, pursuant to Rule 38.1 (d) , Arizona Rules of Civil
Procedure, this case is dismissed for lack of prosecution without
prejudice as to all unadjudicated claims.
IT IS FURTHER ORDERED pursuant to A.R.S. 25-315 (F) (3) that all temporary
orders, including those related to custody, child support, spousal
maintenance and wage assignments are vacated.
IT IS FURTHER ORDERED that any bond filed herein be exonerated and if said
bond be in cash, that same be returned by the clerk to the proper party or
his attorney, and that any exhibits be returned by the clerk to counsel
introducing same.
ALL PREVIOUSLY DEFERRED FEES SHALL BE
PAID IN FULL WITHIN / DAYS.
Ir�I
GE OF SUPERIOR URT
(1/0-a-071(1glerf ,R 42:0Y
DATE
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PLAINTIFF VS DEFENDANT
TOWN OF ORO VALLEY THE SARAH MILLER TRUST
CC: JOSEPH N ANDREWS
1 AN152111 i
Joseph N. Andrews t_
2 Civil Attorney a A ._,
State Bar No. 020344 CLEIALic
3 Town of Oro Valley
11000 N. La Canada Drive
4 Oro Valley,Arizona 85737 RECEIVE D
Tel. (520) 229-4760
5
JUN 16 2004
Attorney for Plaintiff
Per.............
6
7 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
8 IN AND FOR THE COUNTY OF PIMA
9 TOWN OF ORO VALLEY, an )
Arizona Municipal Corporation, ) NO.C20040412
10 )
Plaintiff, )
11 )
V. )
12 AMMENDED COMPLAINT
13 THE SARAH MILLER TRUST; CHASE ) (Eminent Domain)
MANHATTAN BANK USA,N.A., as )
14 Lien Holder,Beneficiary; TITLE )
GUARANTY AGENCY OF ARIZONA, )
15 INC., an Arizona Corporation, as Lien )
Holder, Trustee ) (Assigned to: Hon. Jane L. Eikleberry)
16 )
Defendants )
17 )
)
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19
For its cause of action, Plaintiff Town of Oro Valley alleges as follows:
20
I.
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The Town of Oro Valley is a municipal corporation within the State of Arizona. The
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land affected by this action, herein referred to in this Complaint as "the Affected Land," is
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located in Pima County, Arizona.
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1 II.
2 Plaintiff is informed and believes that Defendants are the owners in fee of the Affecte•
3 Land or have an interest in it, and are believed to be the only claimants at law of the propert
4 sought to be condemned in this action, herein referred to in this Complaint as "the Neede
5 Property."
6 III.
7 The Town has already initiated purchase and paid Town's appraisal price to be applied t•
8
final just compensation.
9 IV
10 The Affected Land isY
articularl described as follows:
p
11
See Exhibit"A" attached hereto and incorporated herein by this reference.
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V.
13
The Needed Property being those portions of the Affected Land, Plaintiff seeks to
14
condemn, and consists of parcels described as follows:
15
See Exhibit"B" attached hereto and incorporated herein by this reference.
16
VI.
17
On December 17, 2003, a resolution was duly passed and adopted by the Mayor and
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Council of the Town of Oro Valley, attached hereto as Exhibit "C" and incorporated herein by
20 this reference, authorizing condemnation proceedings on behalf of the Plaintiff to acquire
21 property required for roadway construction.
22 VII.
23 The Property to be utilized by Plaintiff is for a public use authorized by Arizona law.
24 The property is to be used as roadways for public transportation.
25
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1 VIII.
2 The taking of the Needed Property is necessary for a public use.
3 IX.
4
By virtue of ARS § 12-1111 et seq., Plaintiff has authority to acquire land for the above
5
purpose and to exercise its right of eminent domain to acquire land for such purposes, the
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aforesaid purpose is a public purpose, and the taking of the Needed Property is necessary for
7
such purpose.
8
X.
9
10
Plaintiff is informed and believes that Defendants are the only owners or claimants of the
11 Needed Property, and are entitled to just compensation in accordance with the laws of the State
12 of Arizona.
13 XI.
14 Plaintiff is informed and believes that there may be property taxes payable to the Pima
15 County Treasurer which have accrued or will accrue to the Affected Land, and that such property
16 taxes will be payable out of the just compensation to bepaid byPlaintiff to Defendants in this
pY p
17
matter.
18
WHEREFORE,Plaintiff prays as follows:
19
1. That the Court find that the Needed Property is being condemned for a public
20
purpose as described in this Complaint and is necessary for such purpose;
21
2. That the Needed Property be condemned for the Plaintiff's use as described in this
22
23 Complaint;
24 3. That the Court grant Plaintiff immediate possession of the Needed Property,
25 pursuant to ARS § 12-1116;
-3 -
1 4. That the value of the Needed Property and the Defendants' interests in it be
2 determined in a manner provided by law;
3 5. That property taxes payable to the Pima County Treasurer be subtracted from and
4
paid out of the just compensation awarded in this matter;
5
6. For an order of the Court fixing a time for hearing and directing Defendants to
6
appear and show cause, if any, why Plaintiff should not be permitted to take
7
immediate possession of the property sought to be condemned pursuant to A.R.S.
8
§ 12-1116.
9
7. For such other and further relief as may be just and proper.
10 ,
11 ri DATED thisdayof , 2004.
12
13 TOWN OF ORO VALLEY, ARIZONA
14
/
15
I I 7
Jose h N.Andrews
16 p
Civil Attorney
17 State Bar No. 020344
18 A copy of the fore oing mailed/served
this / day of , 2004.
19
Sidney Felker
20 Leonard Felker Altfeld Greenberg &Battaile, PC
7440 N. Oracle Road, Bldg. 2
21 Tucson, Arizona 85704-6376
(Attorney for The Sarah Miller Trust)
22
23 Chase Manhattan Bank USA,N.A.
Chase Manhattan Mortgage Corporation
24 % C T Corporation System
3225 N Central Ave.
25 Phoenix, AZ 85012
(Statutory Agent Lien Holder, Beneficiary)
-4-
1 Title Guaranty Agency of Arizona, Inc.
950 S. Cherry Street, Ste. 1400
2 Denver, CO 80222-2668
(Lien Holder, Trustee)
3
4
Title Guaranty Agency of Arizona, Inc.
6893 N. Oracle Rd. Ste. 111
5 Tucson, AZ 85704-4270
(Lien Holder, Trustee)
6
7
By:
71,ALA648
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-5 -
STATE OF ARIZONA )
2 ) ss.
County of Pima )
3
4 I, Joseph N. Andrews, being first duly sworn upon my oath depose and say that I am
5
the attorney for the Town of Oro Valley in the foregoing action; that I have read the foregoing
6
Compliant and know the contents of it, and I believe the allegations contained in it are true based
7
upon my information and belief.
8
, ' ,
9 ;$
A!, -
/ -
10 Th-§0,111-1\1. drews
1
11 1
I/ (4
12
S BSCRIBED AND SWORN to before me by Joseph N. Andrews, on this day of
13 .
. .Its' , 20O-.
14
15
Notary Public
16
Carol I.Acheson
My Commission Expires: 4%11- Notary
Public
• Ar
izo
na
17 Pinal County
MyCommission Expires
'<-1"0-`// February 1, 2005
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-6-
1 EXHIBIT A
2
3 Legal Description of the ►►Affected Land."
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-7-
Legal Description
Miller property Parcel "A"
A portion of Section 34, Township 11 South, Range 13 East, Gila and
Salt River Meridian, Pima County, Arizona more particularly
described as follows;
The east 1/2 of the southeast 1/4 of the southeast IA of said Section 34
--except the south 50 feet and --except the east 330 feet of the north
528 feet of the south 1056 feet.
The above described parcel contains an area of 15.24 acres, more or
less.
Legal Description
Miller property Parcel "B"
A portion of Section 34, Township 11 South, Range 13 East, Gila and
Salt River Meridian, Pima County, Arizona more particularly
described as follows;
The east 330 feet of the north 528 feet of the south 1056 feet of the
east 1/2 of the southeast '/ of the southeast '/4 of said Section 34.
The above described parcel contains an area of 4 acres, more or
less.
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3 Legal Description of the "Needed Property."
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-8-
PARCEL 1
O, . , .
EXHIBIT A
Legal Description
The North 60' of the South 150' of the East 240' of the
Southeast '/ of the Southeast '/ of Section 34, Township
11 East; Range 13 South, Gila & Salt River Meridian,
Pima County, Arizona, containing A.33 acres, more or
less.
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PARCEL 2
LEGAL DESCRIPTION ,
The south 40' of the Miller property, further described as the east 1/2 of the southeast 1/4
•of the southeast 1/4- -except the south 50'- & -except-the east 330' of the north 528'- of
the south 1056' of Section 34 Township Range Ran a 13, Gila & Salt River Meridian Pima
,
County,Arizona, containing 15.24 acres, more or-less. _ .
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DESCRIPTION OF PARCEL TO BE ACQUIRED
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RICHARD E. MILLER, SR.AND SARAH MILLER - • •
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PARCEL NUMBER 219-47-0170
•
A portion of that parcel described in Docket 10160 at page 2168,records of Pima County, .
11/ Arizona,located in the southeast one-quarter of Section 34,Township ll South, Range• 13 East,
Gila and Salt River Meridian, Pima County,Arizona,described as follows:
Commencing at the southeast corner of Section 34,thence North 00°33'07"West, along the east
NO line• of Section 34,a distance of 150.00 feet to the Point of Beginning;
thence continuing North 00°33'07"West,along the east line of Sectio a distance of 378.06
feet to the southeast corner of that parcel described in Docket 4339 at page 371, records of
011Pima County,Arizona;
thence South 89°25'48" West,along the south line of that parcel described in Docket 4339 at
page 371 a distance of 16.28 feet to the beginning of a non-tangent curve concave to the west
011 having a radius of 483.23 feet and-a central angle of 15°52'33"and to which a radial line
bears South 75°38'11" East;
• thence southerly and Southwesterly along said curve,an arc distance of 133.90 feet;
0 thence South 3001423" West tangent to said curve,a distance of 53.54 feet -
thence North 59°45'37" West,a distance of 5.00 feet
thence South 3001423" West, a distance of 50.00 feet to the beginning of a tangent curve; .
thence southwesterly and southerly an arc distance of 183.29 feet along the curve concave to the •
NI _ • east,having a radius of 638:15 feet and a central angle of 16°2725"to a point on a line• -
parallel to and 150.00 feet north of the south line of Section 34;
•PO thence North 89°2$'48"East,along said parallel line,4 distance of 195-.50 feet to the Point of
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DESCRIPTION OF PARCEL TO BE ACQUIRED
• RICHARD E.MILLER AND SARAH K. MILLER
•oi. . . • . . - MRCEL•NU•MBER 219-47-0 80 .
1
A portion of that parcel . . . ._ .
described in Docket 4339 at . ,
page371,records of Puma Coutty,Arima
one
natter of Section 3�
,Township 11 South,Range 13 East,Gila and
located in the southeast
Salt River Meridian,Pima County,Arizona,described as follows: '
•
Commencing at the southeast corner of Section 34,thence f "-
North Oo°33 07 West,ialon the east
line of Section 34, distance of 528.00 feet to g
the southeast comer of thatparcel described in
- Docket 4339shed
at page 3 7 1 and the Point of Beginning; -
thence continuing North o0°33'0�"West,alongthe east li •ne of Section 34,a distance of 124.3$
feet to a point of cusp on a curve concave to the west having '
.• a radius of 483.23 feet and a
central angle of 14°54'57"to which a radial foe bears.North 89°26153"
• East; . .
thentce southerly said curve,an arc distance - .
along of 125.80 feet to a point on the south line
that parcel described in Docket 4339at ne of
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. page 3�l;
thence North $9'D25'48" along •
East, said south line a distance of 16.28 feet to the -
Point of
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1410 W. TANGERINE RD. .s._
ORO VALLEY AZ
219-47-0180 .. :: -
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1 EXHIBIT C
2
3 Resolution
4 Authorization of Condemnation Action.
5
6
7
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-9-
•
•
RESOLUTION NO. (R) 03- 116
. A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE •
-TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO
• • • OBTAIN A PORTION OF THE MILLER PROPERTY FOR THE
PURPOSE • OF • RIGHT-OF-WAY -FOR ROADWAY
CONSTRUCTION OF TANGERINE ROAD AND THE EXTENSION •
• OF LA CANADA D • AND DECLARING
. AN EMERGENCY
. TO EXIST . .
WHEREAS, Oro Valley has the requisite statutory authority to acquire, "own operate -and
maintain-roadways-for the benefit of the residents of the Town of Oro Valley;.and.
WHEREAS, Oro Valley is a•municipal corporation within the State of Arizona, is vested with
all the rights, privileges and benefits and entitled to the immunities and exemptions granted to . .
- • municipalities and political subdivisions-under the Laws of the State of Arizona; and
WHEREAS, the property in question, located within the Town of Oro Valley "as depicted in
Attachment 1, attached hereto, is necessary for the widening of Tangerine Road and the
extension.of La Canada Drive; and
. WHEREAS, it is necessary that Oro Valley condemn the land depicted in Attachment 1, for the
purpose of widening Tangerine Road and the extension of La Canada Drive;and
WHEREAS, the Town Council has deemed it necessary,.in the interest of the residents of the
Town of Oro Valley, to authorize. the Town Attorney to proceed with the condemnation
proceedings against the property depicted in Attachment 1,- in order to ensure that the Town
. begin construction of the widening of Tangerine Road and the.extension of La Canada Drive. .
NOW, THEREFORE; BE IT RESOLVED by the Mayor and Town Council of the Town of
- • Oro Valley, Arizona,.that the Town Attorney is hereby authorized to proceed with the filing of a •
condemnation action to obtain the property depicted in' Attachment 1, attached hereto and
incorporated herein by.this reference.
BE IT FURTHER RESOLVED that it is necessary for the preservation of the health and safety
. of the Town of Oro Valley, Arizona that an emergency is declared to exist and this-Resolution
shall become immediately operative and in force from and after the date of adoption hereof.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, • . - •
Arizona this .17th day of December , 200 3
TOWN OF ORO VALLEY
---
Paul H. Loomis, Mayor
F'Resolutions\Milkr Condemnation.doc Office of the Oro Valley Town Anorney/a 12/10.'03
3 -
•
- ATTEST:
Cr 6.4444.1.1....06:t: .
•
Ka E.-Cuvelier, Town Clerk- .
. • APPROVED AS TO FORM: . - • • • - •
•
•
- Mark . Lang ,To orney . . -
•
•
•
•
•
•
•
•
•
F\Resohaions\Milkr Condemnation.doc Oflke of the Oro Valky Town Anorneykca 12/10/03
AR )NA SUPERIOR COURT, PIMA C JNTY
Plaintiff No. C' 0 0 4 4 1 2
TOWN OF ORO VALLEY CIVIL SUMMONS
Defendant
Assigned to:
THE SARAH MILLER TRUST JANE L. E1KLEBERRY,
THE STATE OF ARIZONA TO THE ABOVE NAMED DEFENDANT:
The Sarah Miller Trust
1. A LAWSUIT HAS BEEN FILED AGAINST YOU.
2. IF YOU DO NOT WANT A JUDGMENT TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE
ACCOMPANYING COMPLAINT, YOU MUST FILE A RESPONSE IN WRITING IN THE OFFICE OF
THE CLERK OF THE SUPERIOR COURT, PIMA COUNTY, ARIZONA, ACCOMPANIED BY THE
NECESSARY FILING FEE. A COPY OF THE RESPONSE MUST ALSO BE MAILED TO THE
ATTORNEY WHOSE NAME APPEARS BELOW.
3. THE RESPONSE MUST BE FILED WITHIN TWENTY DAYS, EXCLUSIVE OF THE DATE OF
SERVICE, IF SERVED WITHIN THE STATE OF ARIZONA, OR WITHIN THIRTY DAYS, EXCLUSIVE
OF THE DATE OF SERVICE,IF SERVED OUTSIDE THE STATE OF ARIZONA.
4. THIS IS A LEGAL DOCUMENT. IF YOU DO NOT UNDERSTAND ITS CONSEQUENCES, YOU
SHOULD SEEK THE ADVICE OF AN ATTORNEY.
S. REQUESTS FOR REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES MUST BE
MADE TO THE COURT BY PARTIES AT LEAST THREE (3) WORKING DAYS IN ADVANCE OF A
SCHEDULED COURT PROCEEDING.
WITNESS MY HAND AND SEAL OF THE SUPERIOR COURT.
DATED: JAN 2 3 20Q4
PATRICIA A. NOLAND
CLERK OF THE SUPERIOR COURT
BY: i
DEPUTY CLERK
c/a tnts Ca
JOSEPH N.ANDREWS,PCB: 15230
CIVIL ATTORNEY
TOWN OF ORO VALLEY
11000 N. LA CANADA DRIVE
ORO VALLEY,ARIZONA 85737
(520)229-4760;FAX: (520)229-4774
1 Joseph N. Andrews
Civil Attorney
2 State Bar No. 020344
Town of Oro Valley
3 11000 N. La Canada Drive
Oro Valley, Arizona 85737
4 Tel. (520) 229-4760
5 Attorney for Plaintiff
6
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7
IN AND FOR THE COUNTY OF PIMA
8
9
TOWN OF ORO VALLEY, an )
10
Arizona Municipal Corporation, ) NO. C 0 0 4 0 4 I 2
)
11 Plaintiff, )
12
)
V. )
13 ) SUMMONS(Eminent Domain)
)
14 THE SARAH MILLER TRUST )
)
is Defendant ) JANE L. EKLEBERRY,
) (Assigned to: )
16 )
17
18 TO: Sidney Felker, 7440 N. Oracle Road, Building 2, Tucson, Arizona 85704,
19 attorney for the Sarah Miller Trust.
20
The above-numbered eminent domain action is brought to acquire by condemnation a
21
portion of the following described property:
22
See Exhibit"A" attached hereto and made part hereof by this reference.
23
This action is brought for acquisition of real property for roadway construction.
24
25
- 1 —
F:\Litigation\M it Ier\Pleadings\Summons.doc
1 YOU ARE NOTIFIED to appear and show cause why a portion of the above-described
2 property should not be acquired by condemnation as previously indicated herein and as prayed
3 for in the Complaint within twenty (20) days, exclusive of the day of service, after service of this
4
Summons upon you, if served within the State of Arizona, or thirty (30) days, exclusive of the
5
day of service, if served upon you outside State of Arizona, and you are hereby notified that in
6
case you fail to do so judgment by default will be rendered against you for the relief demanded in
7
the Complaint.
8
Name and address of Plaintiff's attorney:
9
Joseph N. Andrews, Civil Attorney
10 11000 N. La Canada Drive
1 Oro Valley,AZ 85737-7015
Telephone: (520) 229-4760
12
13 Given under my hand and seal of the Superior Court of the State of Arizona in and for
J4A
2
14 the County of Pima this day of2004 , 20 .
15
ci;)
a rill'.1 ittA
16 s'
Clerk
Clerk of the Superior Cou SZAL 71/
17
18 Q
ti
19
20
21
22
23
24
25
-2--
F:\Litigation\Miller\Pleadings\Summons.doc
1 EXHIBIT A
2
3 Legal Description of the "Property."
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
-3 —
F:\Litigation\Miller\Pleadings\Summons.doc
PARCEL 1
EXHIBIT A _
Legal Description
The North 60' of the South 150' of the East 240' of the
Southeast 1/ of the Southeast 1/ of Section 34, Township
11 East, Range 13 South, dila & Salt-River Meridian,
Pima County, Arizona, containing 0.33 acres, more or
less..
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PARCEL 2
•
•
LEGAL DESCRIPTION. .
The south 40' of the Miller property, further described as the east 1/2 of the southeast 1/4
of the southeast 1/4 -except the south 50'- & -except the east 330' of the north 528'- of
the south 1056' of Section 34 Township 11 Range 13, Gila & Salt River. Meridian, Pima
County,Arizona, containing 15.24 acres, more or less. .
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; -• July 21,2003
DESCRIPTION OF PARCEL
TO BE ACQUIRED
4-!,-, RICHARD E. MILLER,
SR.AND S MILLER
PARCEL NUMBER 219-47-0170
A portion of that parcel described in Docket 10160 a
• t page 2168,records of Pima County,
- •.00
.�riZona,located in the southeast one-quarter• S -'
of Section 34,Township i i Sou Range
Gila and Salt River Meridian, �' 13 East,
Pima County,Arizona, described as follows:
110
• Commencing at the southeast corner of Section
3 4,thence North West,
ling of Section 34, a distance- along the east
ofpo 150.00 feet to the Point of Beginning;
'
thence continuingNorth 00°3 '
3 07 West,along the east line ofectio
•
feet to the. S n 34,a distance of 3 7$.00
southeast corner of that parcel described in Docket 43
Pima Arizona; 3 9 t pale 371, records of
PIO• County,
t�enc-e South $9°25'48" Wes alongthe .
south line of that parcel described in
Docket 4339 at
page 371 a distance of I b.28 feet to the beginning non-tangent� g of a non curve concave
having a radius of 483.23 feet and-a central angle of 15°52'3391 and to c ,to the west
IS •
bears South 75'38'11" East. h a a] Is e
thence southerly and southwesterly along
30'14'23"
a � said curve,an arc distance of 133.9{}feet;
thence South 30 �4 23 West tangent to said . -
0 59°45'37"
o � �d curve,a distance of 53._S4 feet
thence North 9 4 5�3? West, a distance
of S.00 feet
thence South 30°14'23" West, a distance
of 5 0,00 feet to the of a tan
thence southwesterly and southerly gent curve;
p II
S an arc distance of 183,29 feet alongthe
past, having a radius of 638.15 feet and a o � curve concave to the
central angle of 1 b 27�5 to apoint on a line .
parallel to and 150.00 feet north oft
the south line of Section 34;
00o� thenceNorth 89°25'48" East,along •
ng said parallel line,a distance of I95-.50 feet eel to.the Point of
. J
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SOUTHEAST CORNER SECTION 34i -
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DESCRIPTION OF PARCEL TO BE ACQUIRED _
le
RICHARD E.MILLER AND SARAH K. MILLER
'ARCEL NUMBER 219-17-0180 .
A rti on Of thatpdescribed in Docket 43 3 9 atpage records -
. NI � parcel371, of Pupa County, Arizona,
located in the southeast one-quarter of Section 34,Township 11 South,Ran a 13 East,� 11a and
Salt River Meridian, Pima County,Arizona,described as followsG`
Commencing at the southeast corner of Section 34, thence North 00°33'07" West,along the east
line of Section 34,a distance of 528.00 feet to the southeast corner of thatarcel
p described in
Docket 4339 at page 371 and the Point of Beginning;
thence continuing North 00°33'07"West,along the east line of Section. -
34,a distance of 12d4.38
feet to a point of cusp on a curve concave to the west having a radius of 483.23 e
, - feet and a
central angle of 14054'57"to which a radial line bears North 89°26'53"East;
thence southerly along said curve,an arc distance of 125.80 f •
eet to a pQ�t Qn tl�e south line of
that parcel described in Docket 4339 at page 371;
thence North 89^25'48"East,alongsaid south line.ne a distance of 16.28 feet to the Point of
Beginning.
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G SARAH K MILLER
1410 W TANGERINE RD
ORO VALLEY AZ
219-47-0180 _
•
DKT. 4339 PG 371
4 14 '54 S7"
A-125.80Ft . N89 '28'53"E RADIAL
s ; R=483.23Ft .
5 38.
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16. 28Ft.
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NORTH R/W TANGERINE RD :Y=
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SOUTHEAST CORNER SECTION 34 -
TI2S R13E G&SRM.
a-.
SECTION LINE
SKETCH OF PARCEL TO BE ACQUIRED •
Vit,•
COPY
JAN 2 3 2004
Joseph N. Andrews PATRICIA A.NOLAND
2 Civil Attorney CLERK.SUPERIOR COURT
State Bar No. 020344
3 Town of Oro Valley
11000 N. La Canada Drive
4 Oro Valley, Arizona 85737
Tel. (520) 229-4760
5
Attorney for Plaintiff
6
7 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
8 IN AND FOR THE COUNTY OF PIMA
9 TOWN OF ORO VALLEY, an ) -;
Arizona Municipal Corporation, )
10 )
Plaintiff, )
11
)
12 v. )
) COMPLAINT(Eminent Domain)
13 THE SARAH MILLER TRUST )
)
14 Defendant )
(Assigned to. E1KLERR
to:JANE
15 )
16
For its cause of action, Plaintiff Town of Oro Valley alleges as follows:
17
I.
18
The Town of Oro Valley is a municipal corporation within the State of Arizona. The
19
land affected by this action, herein referred to in this Complaint as "the Affected Land," is
20
located in Pima County, Arizona.
21
II.
22
23
Plaintiff is informed and believes that Defendant is the owner in fee of the Affected Land
24 or has an interest in it, and is believed to be the only claimant at law of the property sought to be
25 condemned in this action, herein referred to in this Complaint as "the Needed Property."
- 1 —
F:\Litigation\Miller\Pleadings\Complaint.doc
1 III.
2 The Town has already initiated purchase and paid Town's appraisal price to be applied to
3 final just compensation.
4 IV.
5 The Affected Land is particularly described as follows:
6 See Exhibit "A" attached hereto and incorporated herein by this reference.
7 V.
8 The Needed Property being those portions of the Affected Land, Plaintiff seeks to
9
condemn, and consists of parcels described as follows:
10
See Exhibit"B" attached hereto and incorporated herein by this reference.
11
VI.
12
On December 17, 2003, a resolution was duly passed and adopted by the Mayor and
13
Council of the Town of Oro Valley, attached hereto as Exhibit "C" and incorporated herein by
14
15
this reference, authorizing condemnation proceedings on behalf of the Plaintiff to acquire
16 property required for roadway construction.
17 VII.
18 The Property to be utilized by Plaintiff is for a public use authorized by Arizona law.
19 The property is to be used as roadways for public transportation.
20 VIII.
21 The takingof the Needed Property is necessaryfora public use.
p y
22
IX.
23
By virtue of ARS § 12-1111 et seq., Plaintiff has authority to acquire land for the above
24
purpose and to exercise its right of eminent domain to acquire land for such purposes, the
25
-2—
F:\Litigation\MillerTleadings\Complaint.doc
1 aforesaid purpose is a public purpose, and the taking of the Needed Property is necessary for
2 such purpose.
3
X.
4
Plaintiff is informed and believes that Defendant is the only owner or claimant of the
5
Needed Property, and is entitled to just compensation in accordance with the laws of the State of
6
Arizona.
7
XI.
8
Plaintiff is informed and believes that there may be property taxes payable to the Pima
9
County Treasurer which have accrued or will accrue to the Affected Land, and that such property
10
11 taxes will be payable out of the just compensation to be paid by Plaintiff to Defendant in this
12 matter.
13 WHEREFORE, Plaintiff prays as follows:
14 1. That the Court find that the Needed Property is being condemned for a public
15 purpose as described in this Complaint and is necessary for such purpose;
16
2. That the Needed Property be condemned for the Plaintiff's use as described in this
17
Complaint;
18
3. That the Court grant Plaintiff immediate possession of the Needed Property,
19
pursuant to ARS § 12-1116;
20
4. That the value of the Needed Property and the Defendant's interests in it be
21
determined in a manner provided by law;
22
23 5. That property taxes payable to the Pima County Treasurer be subtracted from and
24 paid out of the just compensation awarded in this matter;
25
-3 —
F:\Litigation\Miller\Pleadings\Complaint.doc
1 6. For an order of the Court fixing a time for hearing and directing Defendant(s) to
2 appear and show cause, if any, why Plaintiff should not be permitted to take
3 immediatep ossession of the property sought to be condemned pursuant to A.R.S.
4
§ 12-1116.
5
7. For such other and further relief as may be just and proper.
6r
DATED this.-
his day of SQ 01(3, , 2004.
7
8
TOWN OF ORO VALLEY, ARIZONA
9
10
11 fii Kik
/14.4211#
Jos.'sh N. •l drews
12 C�f it Attorney
State Bar No. 020344
13
14 A copy o the fo.egoing mailed/served
this a of !f, 2004.
15 d
16 Sidney Felker
Leonard Felker Altfeld Greenberg & Battaile,PC
17 7440 N. Oracle Road, Bldg. 2
18 Tucson, Arizona 85704-6376
19
61c,6,0,,e
By:
20
21
22
23
24
25
-4—
F:\Litigation\Miller\Pleadings\Complaint.doc
STATE OF ARIZONA )
2 ) ss.
County of Pima )
3
4 I,
Joseph N. Andrews, beingfirst duly sworn upon my oath depose and say that I am
p
5
the attorney for the Town of Oro Valley in the foregoing action; that I have read the foregoing
6
Compliant and know the contents of it, and I believe the allegations contained in it are true based
7
upon my information and belief.
8
9 P41,0
l40441
10 r
Josep . And` ws
11
SUBSCRIBED AND SWORN to before me byJoseph N. Andrews, on this dayof
12 p
13 - • , 20 .
14
15 344-1151-t
Notary Public
16
Carol I.Acheson
Sir.•
My Commission Expires: */ 0 4 10. -�, Notary Public -Arizona
17 (xiPinalCounty�
Commission
My Expires
February 1, 2005
18
19
20
21
22
23
24
25
-5 —
F:1L itigation\Miller\Pleadings\Complaint.doc
1 EXHIBIT A
2
3 Legal Description of the "Affected Land."
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
-6-
F.\Litigation\M illerTleadingsTomplaint.doc
Legal Description
Miller property Parcel "A"
A portion of Section 34, Township 11 South, Range 13 East, Gila and
Salt River Meridian, Pima County, Arizona more particularly
described as follows;
The east 1/2 of the southeast 1/4 of the southeast 1/4 of said Section 34
--except the south 50 feet and --except the east 330 feet of the north
528 feet of the south 1056 feet.
The above described parcel contains an area of 15.24 acres, more or
less.
0 0
Legal Description
Miller property Parcel "B"
A portion of Section 34, Township 11 South, Range 13 East, Gila and
Salt River Meridian, Pima County, Arizona more particularly
described as follows;
The east 330 feet of the north 528 feet of the south 1056 feet of the
east 1/2 of the southeast 1/4 of the southeast 1/4 of said Section 34.
The above described parcel contains an area of 4 acres, more or
less.
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EXHIBIT B
2
3 Legal Description of the "Needed Property."
4
5
6
7
8
9
10
11
12
13
14
15
16
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F:\Litigation\Miller\Pleadings\Complaint.doc
o, ,
EXHIBIT A
Legal Description
The North 60' of the South 150' of the East 240' of the
Southeast '/4 of the Southeast '/ of Section 34, Township
11 East, Range 13 South, Gila & Salt River Meridian,
Pima County, Arizona, containing 0.33 acres, more or
less.
• - , ' '
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g�i
PARCEL 2
LEGAL DESCRIPTION- .
The south 40' of the Miller property, further described as the east 1/2 of the southeast 1/4
of the southeast 1/4 -except the south 50'- & -except the east 330' of the north 528'- of
the south 1056' of Section 34 Township 11 Range 13, Gila & Salt River Meridian, Pima
County,Arizona, containing 15.24 acres, more or less. •
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PARCEL 3
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. Trans ,jatjon • Environmental.* Civil
I .
. July 21,2003
DESCRIPTION OF PARCEL TO BE ACQUIRED
RICHARD RD E. MILLER, SR.AND SARAH M
�� MILLER -
PARCEL NUMBER 219-47-0170
A portion of that parcel described in Docket 10160.001
at page 2168,records of Pima County,
Arizona,located in the. southeast one-
quarter of Section 34,Township i 1 South, Range 13
Gila and Salt River Meridian, Pima County, � East,
Arizona, described as follows:
- PO
Commencing at the southeast corner Of Section00°33'07" -
34,thence North West,
pa . line of Section 34,a distance of along the east
150.00 feet to the Point of B innin • •
thence continuing North_00°33'07" West,along the east lineSe •
of Section34,a distance of 3 7$.00
feet to the southeast corner of that parcel described.in Docket 4339 at page 371, records of
Pima County,Arizona;
pui thence South 89°25'48" West,along the south line •
of that parcel described in Docket 433 9
. at
page 371 a distance of 1 b.2$ feet to the beginning of a non-tangent� g on tangent curve concave to the west
having a radius of 483.23 feet ad'a central angle °
001 g of 1 S 52 33 and to which a radial line
bears South 75°38'11" East;
thence.southerly and southwesterly alongsaid c
thence 30°14'23" � uTve,an arc distance of 133.90 feet; •
mini
ence South West tangent to said curve,a
° t distance of 53.54 feet
Pli thence North 5 - •
9 4 5 3 7�� West,a distance of 5.00 feet
thence South 3Q°14'23" West, a distance of
- 50.00 feet to the beginningof a tangent c •
- , thence southwesterly and southerly g terve, ,
poi S an arc distance of 183.29 feet alongthe curve .
east, having a radius of 638:15 feet16°27'25" �on►eave to thed a central angle of to aI SO.OQ feet northint
parallel to and 150.00 on a line .
of the south.line lune of Section 34•
- thence North 89°25148"
East,along g
pill
•. said parallel line, a distance of 195-.50 feet to .
Beginning. the Point of
r
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RICHARD E MILLER. SR. w
& SARAH MILLER
01
141.0 W. TANGERINE RD. .--I • .
ORO VALLEY AZ1 Z
219-47-0170 a
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SOUTHEAST CORNER SECTION 34
T12S 1113E G&SRM. 4176
SECTION ' A - = -
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. 14
ili • July 21,2003
DESCRIPTION OF PARCEL.TD BE ACQUIRED
I
RICHARD E.MILLER AND SARAH K. MILLER
PARCEL NUMBER 219-47-0)80 • .
. .
. NI Aportobn of that parcel described in Docket 4339 at page 371,records of piinaCounty, Arizona,
located in the southeast one-quarter of Section 34,Township 11 South,Range 13East,Gila and
Salt River Meridian,Pima County,Arizona,described as fol lows;
Commencing at the southeast corner of Section 34, thence North 00°33'07" West, along the east.
line of Section 34,a distance of 528.00 feet to the southeast corner of that parcel desc ' in.. �fed
Docket 4339 at page 371 and the Point of Beginning;
thence continuing North 00°33'07"West,along the east line of Section 34,a
distance 01124.38
feet to a point of cusp on a curve concave to the west havin
g a ra d� of 4$3.231'eet and a
central angle of 14°54'57"to which a radial line bears North 89° us26'53"East;
thence southerly along said curve,an arc distance of 125.80 feet to a point on the south line of
that parcel described in Docket 4339 at page 371;
thence North 89"25'48"East,alongsaid south line a distance •
of 16.28 feet to the Point of
• Beginning.
F
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.s..= _ _ := tr 140 • Tucson Arizona 85704
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--- RICHARD E. MILLER
G SARAH K MILLER
1410 W. TANGERINE RD.
ORO VALLEY AZ
219-47-0180
- I DKT. 4339 PG 371
r A 14 '54457"
A=125.80Ft . . N89 '26'53"E RADIAL
R=483.23Ft .
,8 ./1 , N00 '33'07"W
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SOUTHEAST CORNER SECTION 347, \:41
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•
1 EXHIBIT C
2
3 Resolution
4 Authorization of Condemnation Action.
5
6
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F:\Litigation\Miller\Pleadings\Complaint.doc
• RESOLUTION NO. (R) 03- 116
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE
TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO
OBTAIN A PORTION OF THE MILLER PROPERTY FOR THE
PURPOSE - OF RIGHT-OF-WAY FOR ROADWAY
CONSTRUCTION OF TANGERINE ROAD AND THE EXTENSION
OF LA CAN-
ADA DRIVE; AND DECLARING AN EMERGENCY
TO EXIST
WHEREAS, Oro Valley has the requisite statutory authority to acquire, own, operate and
maintain roadways for the benefit of the residents of the Town of Oro Valley; and
WHEREAS, Oro Valley is a municipal corporation within the State of Arizona, is vested with
all the rights, privileges and benefits and entitled to the immunities and exemptions granted to
municipalities and political subdivisions-under the Laws of the State of Arizona; and
WHEREAS, the property in question, located within the Town of Oro Valley as depicted in
Attachment 1, attached hereto, is necessary for the widening of Tangerine Road and the
. extension.of La Canada Drive; and
WHEREAS, it is necessary that Oro Valley condemn the land depicted in Attachment 1, for the
purpose of widening Tangerine Road and the extension of La Canada Drive; and
WHEREAS, the Town Council has deemed it necessary,.in the interest of the residents of the
Town of Oro Valley, to authorize the Town Attorney to proceed with the condemnation
proceedings against the property depicted in Attachment 1,- in order to ensure that the Town
begin construction of the widening of Tangerine Road and the extension of La Canada Drive.
NOW, THEREFORE; BE IT RESOLVED by the Mayor and Town Council of the Town of •
Oro Valley, Arizona,-that the Town Attorney is hereby authorized-to proceed with the filing of a •
condemnation action to obtain the property depicted in Attachment 1, attached hereto and
incorporated herein bythis reference.
BE IT FURTHER RESOLVED that it is necessary for the preservation of the health and safety
of the Town of Oro Valley, Arizona that an emergency is declared to exist and this Resolution
shall become immediately operative and in force from and after the date of adoption hereof.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, • .
Arizona this 17th day of December , 200 3
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
F:'.Resolutions\Miller Condemnation.doc Office of the Oro Valley Town Attorney/ca 12/10,'03
ATTEST: - •
Kat n E.•Cuvelier, Town Clerk-
• APPROVED AS TO FORM:
•
- 11211P'
Mark . Lang,' , To Porney
•
•
F:\ResolutionsiMiller Condemnation.doc Office of the Oro Valley Town Attorney/ca 12/10/03
Copy
1 Joseph N. Andrews
Civil Attorney JI Z 3
2 State Bar No. 020344
Town of Oro Valley PATRtCIA A.N
2004
3 11000 N. La Canada Drive CLERK.SUPERIOR OLAND
COURT
Oro Valley, Arizona 85737
4 Tel. (520) 229-4760
5 Attorney for Plaintiff
6
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7
IN AND FOR THE COUNTY OF PIMA
8
9
TOWN OF ORO VALLEY, an )
10 Arizona Municipal Corporation, ) NO. C0 0 4 0 4 1 2
11 Plaintiff,
)
12 )
V. )
13 ) LIS PENDENS(Eminent Domain)
THE SARAH MILLER TRUST )
14 )
Defendant )
15 to
(Assigned �
)
16
NOTICE IS HEREBY GIVEN:
17
18 1. That the Town of Oro Valley has filed a civil action in the Superior Court of Pima
19 County, Arizona against Defendant named above and that said action is now
20 pending.
2. That said action involves and affects title to the real property legally described as
21
follows:
22
See Exhibit"A" attached hereto and made a part hereof by this reference.
23
3. The Town of Oro Valley seeks to condemn the property described above for
24
roadway construction.
25
1
F:\Litigation\M i I ler\Pleadings\LisPendens.doc
1 4. The Plaintiff requests that the compensation to be made to the owners of the
2 property be ascertained and that Plaintiff may have such other further relief as
3 may be just and equitable.
4 DATED this22 day of jo Pa.0 ir() , 2004.
5
6 TOWN OF ORO VALLEY, ARIZONA
7 �.
Al) $)4
Jose 2h N. A. drews
9 Ci 1 Attorney
10 A copy .r the fol-going mailed/served
11
this, -say of �� � � L. , 2004.
12
Sidney Felker
13 Leonard Felker Altfeld Greenberg & Battaile,PC
7440 N. Oracle Road, Bldg. 2
14 Tucson, Arizona 85704-6376
15 dr/4 ;
By: ► r
16
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19
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F:\Litigation\MillerTleadings\LisPendens.doc
1 EXHIBIT A
2
Legal Description of the "Affected Land"
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F:\Litigation\Miller\Pleadings\LisPendens.doc
1 EXHIBIT A
2
3 Legal Description of the "Affected Land."
4
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10 •
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-6—
F:\Litigation\Millet\Pleadings\Complaint.doc
Legal Description
Miller property Parcel "A"
A portion of Section 34, Township 11 South, Range 13 East, Gila and
Salt River Meridian, Pima County, Arizona more particularly
described as follows;
The east '/2 of the southeast 1/4 of the southeast '/4 of said Section 34
--except the south 50 feet and --except the east 330 feet of the north
528 feet of the south 1056 feet.
The above described parcel contains an area of 15.24 acres, more or
less.
Legal Description
Miller property Parcel "B"
A portion of Section 34, Township 11 South, Range 13 East, Gila and
Salt River Meridian, Pima County, Arizona more particularly
described as follows;
The east 330 feet of the north 528 feet of the south 1056 feet of the
east % of the southeast '/4 of the southeast 1/4 of said Section 34.
The above described parcel contains an area of 4 acres, more or
less.
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COPY
1AN 2 3
Joseph N. Andrews
2004
Civil Attorney
2 State Bar No. 020344 PATRICIA A.NOLAND
CLERK, SUPERIOR COURT
Town of Oro Valley
3 11000 N. La Canada Drive
Oro Valley,Arizona 85737
4 Tel. (520) 229-4760
5 Attorney for Plaintiff
6
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7
IN AND FOR THE COUNTY OF PIMA
8
9
TOWN OF ORO VALLEY, an )
10 Arizona Municipal Corporation, ) NO. C20 (14 0 2
11 Plaintiff, )
)
12
V. )
13 ) CERTIFICATE OF COMPULSORY
) ARBITRATION(Eminent Domain)
14 )
THE SARAH MILLER TRUST )
15 )
Defendant )
16 (Assigned to-JANE EIKLEBERRY
)
17
The undersigned, Joseph N. Andrews, attorney for the Plaintiff herein, certifies that this
18
19 case is not subject to the Uniform Rules of Procedure for Arbitration because Plaintiff seeks
20 affirmative relief other than a money judgment, namely a Final Order of Condemnation.
n
21 DATED this2 day of 1SLZ 1 , 206.
22
23 TOWNOF OR V LLEY A RIZONA
24 4, j
Jos h N. drews
25 C. it Attorney
1
F:\Litigation\Miller\Pleadings\Compulsory Arbitraton.doc
1
2 SUBSCRIBED AND SWORN to before me this,,V day of K
20 D
3
4
5 Notary Public
6
My Commission Expires:
� • �-�\..4 Carol I.Acheson
/ ,, Notary Public - Arizona
7 Proal County
• My Commission Expires','
A copy o the for:s:oing mailed/served February , 2005
8 rt.
this) day of 4,Aldititaakid 2004.
9
10 Sidney Felker
Leonard Felker Altfeld Greenberg & Battaile, PC
11 7440 N. Oracle Road, Bldg. 2
Tucson,Arizona 85704-6376
12
13 By: _
14
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F:\Litigation\Miller\Pleadings\Compulsory Arbitraton.doc
1 Joseph N. Andrews
Civil Attorney
2 State Bar No. 020344
Town of Oro Valley
3 11000 N. La Canada Drive
Oro Valley, Arizona 85737
4 Tel. (520) 229-4760
5 Attorney for Plaintiff
6
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7
IN AND FOR THE COUNTY OF PIMA
8
9
TOWN OF ORO VALLEY, an )
10 Arizona Municipal Corporation, ) NO. 21 Q 2.
)
11 Plaintiff,
12 )
V. )
13 ) APPLICATION FOR IMMEDIATE
) POSSESSION AND ORDER TO SHOW
14 ) CAUSE(Eminent Domain)
THE SARAH MILLER TRUST )
15 )
Defendant ) EF.
16
(Assigned to:
LM
LEI4ERRY
)
17
18
Pursuant to ARS § 12-1116, and based on the allegations set forth in the Complaint filed
19
20 in this matter, Plaintiff applies for immediate possession of the property sought to be condemned
21 in the above-captioned matter and requests that the Court set a time for a hearing on this
22 Application. Moreover, Plaintiff requests that any "Bond Requirement" under this condemnation
23 action be waived by the Court because under agreement with Defendant, Plaintiff has already
24 paid its appraisal value to Defendant. Further, Plaintiff requests that the Court give precedence
25 to the hearingpursuant to ARS 12-1121(B).
§
- 1 —
F:\Litigation\M i I Ier\Pleadings\OSC.doc
1
f
2
RESPECTFULLY submitted this‘e day of jwil20Ot
3
4 TOWN OF ORO VALLEY,ARIZONA
5
6 (7,2"/ CA/
7
Jo eph N. ndrews
C vil Attorney
8
A copy_9S the foregoing mailed/served
9 thisZ, day of ,
10
Sidney Felker
11 Leonard Felker Altfeld Greenberg & Battaile, PC
7440 N. Oracle Road, Bldg. 2
12 Tucson, Arizona 85704-6376
13 it
By: CeLAAW
14
15
16
17
18
19
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-2—
F:\Litigation\M i Iter\Pleadings\OSC.doc
1
2 Joseph N. Andrews
Civil Attorney
3 State Bar No. 020344
Town of Oro Valley
4 11000 N. La Canada Drive
Oro Valley, Arizona 85737
5 Tel. (520) 229-4760
6 Attorney for Plaintiff
7
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
8
IN AND FOR THE COUNTY OF PIMA
9
10
TOWN OF ORO VALLEY, an )
11 Arizona Municipal Corporation, NO. - =44 0 4
)
12 Plaintiff,
13 )
V. )
14 )
)
15 ) ORDER TO SHOW CAUSE)(Eminent
) Domain)
16 THE SARAH MILLER TRUST )
)
17 Defendant )
) (Assigned to: )
18 )
19
20 The Court having considered Plaintiff's Complaint and Application for Immediate
21
Possession, and finding good cause,
22
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Plaintiff's Application
23
for Immediate Possession will be considered at a hearing on the day of
24
20 , at o'clock .m. at the Pima County Superior Court located at 110 West
25
Congress, Tucson, Arizona.
-3 —
F:\Litigation\Mi Iter\Pleadings\OSC.doc
1 IT IS FURTHER ORDERED that Defendants are hereby directed to appear at said time
2 and place to show cause, if any, why Plaintiff should not be let into immediate possession of the
3ro property sought to be condemned in the above-referenced action.
p p Y g
4
IT IS FURTHER ORDERED that a copy of Plaintiffs Complaint and a copy of this
5
Application for Immediate Possession and Order to Show Cause be served upon the Defendant
6
as soon as practical.
7
DATED this day of , 20 .
8
9
10 Pima County Superior Court Judge
11
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-4—
F:\Litigation\M iI ler\Pleadings\OSC.doc
ti a�< 44h
5 .ea First American
M..
First American Title Insurance Company
4801 East Washington Street, Suite 150
Phoenix,AZ 85034
602-685-7840 / Fax 602-685-7848
Town of Oro Valley, an Arizona Municipal
11000 North La Canada Drive
Oro Valley, AZ 85737
April 08, 2005
Contact: Policy Department
Phone: 602-685-7840
Order Number: 231-4367648
Property: vacant land
Tucson,AZ 85704
Attached please find the following item(s):
Policy of Title Insurance
Thank you for your confidence and support. We at First American Title Insurance Company maintain the fundamental
principle:
Customer First!
First American Title
Policy No.231-4367648
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Policy No.231-4367648
Form No. 1402.92
(10/17/92)
ALTA Owner's Policy
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage,costs, attorneys'fees or expenses which arise by reason of:
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,
ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment
of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is
or was a part; or(iv)environmental protection,or the effect of any violation of these laws,ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of
Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created,suffered,assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured
claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
estate or interest insured by this policy.
4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by
reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or
fraudulent transfer;or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer;or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
First American Title
Policy No.231-4367648
First American Title Insurance Company
SCHEDULE A
Type of Coverage: ALTA Standard Owner's (1992)
Amount of Insurance $72,915.00
Date of Policy: November 19, 2004
To and include Docket 12432, Page 5414
1. Name of Insured:
Town of Oro Valley, an Arizona municipal corporation
2. The estate or interest in the land which is covered by this Policy is fee.
3. Title to the estate or interest in the land is vested in:
Town of Oro Valley, an Arizona municipal corporation
4. The land referred to in this policy is situated in the State of Arizona, County of Pima and
described as follows:
SEE EXHIBIT " A" ATTACHED HEREIN
First American Title
Policy No.231-4367648
EXHIBIT "A"
PARCEL NO. 1:
THE NORTH 40.00 FEET OF THE SOUTH 90.00 FEET OF THE EAST ONE HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP
11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
PIMA COUNTY, ARIZONA.
PARCEL NO. 2:
THE NORTH 60 FEET OF THE SOUTH 150 FEET OF THE EAST 240 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP
11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
PIMA COUNTY, ARIZONA.
PARCEL NO. 3:
A PORTION OF THAT PARCEL DESCRIBED AS DOCKET 10160, PAGE 2168, RECORDS
OF PIMA COUNTY, ARIZONA, LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34;
THENCE NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST, ALONG THE EAST
LINE OF SECTION 34, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST,
ALONG THE EAST LINE OF SECTION 34, A DISTANCE OF 378.00 FEET TO THE
SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS DOCKET 4339,PAGE 371,
RECORDS OF PIMA COUNTY, ARIZONA;
THENCE SOUTH 89 DEGREES 25 MINUTES 48 SECONDS WEST, ALONG THE SOUTH
LINE OF THAT PARCEL DESCRIBED AS DOCKET 4339, PAGE 371 A DISTANCE OF
16.28 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE
WEST, HAVING A RADIUS OF 483.23 FEET AND A CENTRAL ANGLE OF 15 DEGREES
52 MINUTES 33 SECONDS AND TO WHICH A RADIAL LINE BEARS SOUTH 75
DEGREES 38 MINUTES 22 SECONDS EAST;
THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE, AND ARC
DISTANCE OF 133.90 FEET;
THENCE SOUTH 30 DEGREES 14 MINUTES 23 SECONDS WEST, TANGENT TO SAID
CURVE, A DISTANCE OF 53.54 FEET;
THENCE NORTH 59 DEGREES 45 MINUTES 37 SECONDS WEST, A DISTANCE OF 5.00
FEET;
First American Title
Policy No.231-4367648
•
THENCE SOUTH 30 DEGREES 14 MINUTES 23 SECONDS WEST, A DISTANCE OF 50.00
FEET TO THE BEGINNING OF A TANGENT CURVE;
THENCE SOUTHWESTERLY AND SOUTHERLY AN ARC DISTANCE OF 183.29 FEET
ALONG THE CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 6388.15 FEET
AND A CENTRAL ANGLE OF 16 DEGREES 27 MINUTES 25 SECONDS TO A POINT ON
A LINE, PARALLEL TO AND 150.00 FEET NORTH OF THE SOUTH LINE OF SECTION
34;
THENCE NORTH 89 DEGREES 25 MINUTES 48 SECONDS EAST, ALONG SAID
PARALLEL LINE, A DISTANCE OF 195.50 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 4:
A PORTION FO THAT PARCEL DESCRIBED AS DOCKET 4339, PAGE 371, RECORDS
OF PIMA COUNTY, ARIZONA, LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER
BASE AND MERIDIAN,PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34;
THENCE NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST, ALONG THE EAST
LINE OF SECTION 34, A DISTANCE OF 528.00 FEET TO THE SOUTHEAST CORNER OF
THAT PARCEL DESCRIBED AS DOCKET 4339,PAGE 371 AND THE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST,
ALONG THE EAST LINE OF SECTION 34, A DISTANCE OF 124.38 FEET TO A POINT
OF CUSP, ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 483.23 FEET
AND A CENTRAL ANGLE OF 14 DEGREES 54 MINUTES 57 SECONDS TO WHICH A
RADIAL LINE BEARS NORTH 89 DEGREES 26 MINUTES 53 SECONDS EAST;
THENCE SOUTHERLY ALONG SAID CURVE, AND ARC DISTANCE OF 125.80 FEET
TO A POINT ON THE SOUTH LINE OF THAT PARCEL DESCRIBED AS DOCKET 4339,
PAGE 371;
THENCE NORTH 89 DEGREES 25 MINUTES 48 SECONDS EAST, ALONG SAID SOUTH
LINE A DISTANCE OF 16.28 FEET TO THE POINT OF BEGINNING.
First American Title
Policy No.231-4367648
•
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or
all of which arise by reason of the following:
PART ONE:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
5. (a)Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water; whether or not the aforementioned
matters excepted are shown by the public records.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
First American Title
Policy No.231-4367648
.
SCHEDULE B
PART TWO:
1. An easement for pipelines and incidental purposes, recorded as Docket 42, Page 76 of
Official Records.
2. An easement for ingress and egress and incidental purposes,recorded as Docket 4420,
Page 505 of Official Records.
3. An easement for ingress and egress and incidental purposes,recorded as Docket 4815,
Page 459 of Official Records.
4. All matters as set forth in Water Well Agreement, recorded as Docket 6067, Page 1066 of
Official Records.
5. An easement for ingress and egress and incidental purposes,recorded as Docket 9036,
Page 712 and 714 of Official Records.
6. All matters as set forth in Road Maintenance Agreement, recorded as Docket 9036, Page
725 of Official Records.
7. All matters as set forth in Water Well Agreement, recorded as Docket 9036, Page 726 of
Official Records.
8. All matters as set forth in Record of Survey, recorded as Book 16 of Land Surveys, Page
85 of Official Records.
End of Schedule B - Part II
First American Title
Policy No.231-4367648
Form No. 1402.92
(10/17/92)
ALTA Owner's Policy
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS The insured shall notify the Company promptly Whenever requested by the Company, the insured,
in writing(i)in case of any litigation as set forth in at the Company's expense,shall give the Company
The following terms when used in this policy mean: Section 4(a)below,(ii)in case knowledge shall come all reasonable aid (i)in any action or proceeding,
(a) "insured": the insured named in Schedule to an insured hereunder of any claim of title or securing evidence,obtaining witnesses,prosecuting
A,and,subject to any rights or defenses the Company interest which is adverse to the title to the estate or or defending the action or proceeding,or effecting
would have had against the named insured,those who interest, as insured, and which might cause loss or settlement,and(ii)in any other lawful act which in
succeed to the interest of the named insured by damage for which the Company may be liable by the opinion of the Company may be necessary or
operation of law as distinguished from purchase virtue of this policy, or (iii) if title to the estate or desirable to establish the title to the estate or interest
including, but not limited to, heirs, interest, as insured, is rejected as unmarketable. If as insured. If the Company is prejudiced by the
distributees,devisees, survivors, personal prompt notice shall not be given to the Company, failure of the insured to furnish the
representatives, next of kin, or corporate or fiduciary then as to the insured all liability of the Company required cooperation, the Company's obligations to
successors. shall terminate with regard to the matter or matters the insured under the policy shall terminate,
(b) "insured claimant":an insured claiming loss for which prompt notice is required; provided, including any liability or obligation to defend,
or damage. however,that failure to notify the Company shall in prosecute,or continue any litigation,with regard to
(c) "knowledge"or"known":actual knowledge, no case prejudice the rights of any insured under this the matter or matters requiring such cooperation.
not constructive knowledge or notice which may be policy unless the Company shall be prejudiced by the
imputed to an insured by reason of the public records failure and then only to the extent of the prejudice. 5. PROOF OF LOSS OR DAMAGE.
as defined in this policy or any other records which
impart constructive notice of matters affecting the land. 4. DEFENSE AND PROSECUTION OF In addition to and after the notices required
(d) "land": the land described or referred to in ACTIONS; DUTY OF INSURED under Section 3 of these Conditions and Stipulations
Schedule A, and improvements affixed thereto which CLAIMANT TO COOPERATE. have been provided the Company,a proof of loss or
by law constitute real property. The term"land" does damage signed and sworn to by the insured claimant
not include any property beyond the lines of the area (a) Upon written request by the insured and shall be furnished to the Company within 90 days
described or referred to in Schedule A,nor any right, subject to the options contained in Section 6 of after the insured claimant shall ascertain the facts
title, interest, estate or easement in abutting streets, these Conditions and Stipulations,the Company,at its giving rise to the loss or damage.The proof of loss
roads, avenues, alleys, lanes, ways or waterways,but own cost and without unreasonable delay, shall or damage shall describe the defect in, or lien or
nothing herein shall modify or limit the extent to which provide for the defense of an insured in litigation in encumbrance on the title, or other matter insured
a right of access to and from the land is insured by this which any third party asserts a claim adverse to the against by this policy which constitutes the basis of
policy. title or interest as insured,but only as to those stated loss or damage and shall state,to the extent possible,
(e) "mortgage": mortgage, deed of trust, trust causes of action alleging a defect, lien or the basis of calculating the amount of the loss or
deed,or other security instrument. encumbrance or other matter insured against by this damage.If the Company is prejudiced by the failure
(f) "public records": records established under policy. The Company shall have the right to select of the insured claimant to provide the required proof
state statutes at Date of Policy for the purpose of counsel of its choice (subject to the right of the of loss or damage,the Company's obligations to the
imparting constructive notice of matters relating to real insured to object for reasonable cause) to represent insured under the policy shall terminate, including
property to purchasers for value and without the insured as to those stated causes of action and any liability or obligation to defend, prosecute, or
knowledge. With respect to Section 1(a)(iv) of the shall not be liable for and will not pay the fees of any continue any litigation,with regard to the matter or
Exclusions From Coverage,"public records"shall also other counsel. The Company will not pay any fees, matters requiring such proof of loss or damage.
include environmental protection liens filed in the costs or expenses incurred by the insured in the In addition,the insured claimant may reasonably
records of the clerk of the United States district court defense of those causes of action which allege matters be required to submit to examination under oath by
for the district in which the land is located. not insured against by this policy. any authorized representative of the Company and
(g) "unmarketability of the title": an alleged or (b) The Company shall have the right, at its shall produce for examination, inspection and
apparent matter affecting the title to the land, own cost, to institute and prosecute any action or copying,at such reasonable times and places as may
not excluded or excepted from coverage,which would proceeding or to do any other act which in its opinion be designated by any authorized representative of
entitle a purchaser of the estate or interest described in may be necessary or desirable to establish the title to the Company, all records, books, ledgers, checks,
Schedule A to be released from the obligation to the estate or interest, as insured, or to prevent or correspondence and memoranda,whether bearing a
purchase by virtue of a contractual condition requiring reduce loss or damage to the insured. The Company date before or after Date of Policy, which
the delivery of marketable title. may take any appropriate action under the terms of reasonably pertain to the loss or damage.Further,if
this policy,whether or not it shall be liable hereunder, requested by any authorized representative of the
2. CONTINUATION OF INSURANCE AFTER and shall not thereby concede liability or waive any Company, the insured claimant shall grant its
CONVEYANCE OF TITLE. provision of this policy. If the Company shall permission, in writing, for any authorized
exercise its rights under this paragraph,it shall do so representative of the Company to examine, inspect
The coverage of this policy shall continue in force diligently. and copy all records, books, ledgers, checks,
as of Date of Policy in favor of an insured only so long (c) Whenever the Company shall have brought correspondence and memoranda in the custody or
as the insured retains an estate or interest in the land,or an action or interposed a defense as required control of a third party,which reasonably pertain to
holds an indebtedness secured by a purchase money or permitted by the provisions of this policy, the the loss or damage. All information designated as
mortgage given by a purchaser from the insured, or Company may pursue any litigation to confidential by the insured claimant provided to the
only so long as the insured shall have liability by final determination by a court of competent Company pursuant to this Section shall not be
reason of covenants of warranty made by the insured in jurisdiction and expressly reserves the right, in its disclosed to others unless, in the reasonable
any transfer or conveyance of the estate or interest. sole discretion,to appeal from any adverse judgment judgment of the Company, it is necessary in the
This policy shall not continue in force in favor of any or order. administration of the claim. Failure of the insured
purchaser from the insured of either (i) an estate or (d) In all cases where this policy permits or claimant to submit for examination under oath,
interest in the land,or(ii)an indebtedness secured by a requires the Company to prosecute or provide for produce other reasonably requested information or
purchase money mortgage given to the insured. the defense of any action or proceeding, the insured grant permission to secure reasonably necessary
shall secure to the Company the right to so prosecute information from third parties as required in this
3. NOTICE OF CLAIM TO BE GIVEN BY or provide defense in the action or proceeding,and all paragraph shall terminate any liability of the
INSURED CLAIMANT. appeals therein,and permit the Company to use,at its Company under this policy as to that claim.
option,the name of the insured for this purpose.
First American Title
Policy No.2314367648
6. OPTIONS TO PAY OR OTHERWISE less, or if subsequent to the Date of Policy an 10. REDUCTION OF INSURANCE;
SETTLE CLAIMS; TERMINATION OF improvement is erected on the land which increases REDUCTION OR TERMINATION OF
LIABILITY. the value of the insured estate or interest by at least LIABILITY.
20 percent over the Amount of Insurance stated in
In case of a claim under this policy, the Schedule A, then this Policy is subject to the All payments under this policy, except
Company shall have the following additional options: following: payments made for costs, attorneys' fees and
(a) To Pay or Tender Payment of the Amount (i) where no subsequent improvement has expenses, shall reduce the amount of the insurance
of Insurance. been made,as to any partial loss,the Company shall pro tanto.
To pay or tender payment of the amount of only pay the loss pro rata in the proportion that the
insurance under this policy together with any costs, amount of insurance at Date of Policy bears to the 11. LIABILITY NONCUMULATIVE.
attorneys' fees and expenses incurred by the insured total value of the insured estate or interest at Date of
claimant,which were authorized by the Company,up Policy;or (ii) where a subsequent improvement has It is expressly understood that the amount of
to the time of payment or tender of payment and been made, as to any partial loss, the Company insurance under this policy shall be reduced by any
which the Company is obligated to pay. shall only pay the loss pro rata in the proportion that amount the Company may pay under any policy
Upon the exercise by the Company of this 120 percent of the Amount of Insurance stated in insuring a mortgage to which exception is taken in
option, all liability and obligations to insured under Schedule A bears to the sum of the Amount of Schedule B or to which the insured has agreed,
this policy,other than to make the payment required, Insurance stated in Schedule A and the amount assumed, or taken subject, or which is hereafter
shall terminate,including any liability or obligation to expended for the improvement. The provisions of executed by an insured and which is a charge or lien
defend,prosecute,or continue any litigation,and the this paragraph shall not apply to costs,attorneys'fees on the estate or interest described or referred to in
policy shall be surrendered to the Company for and expenses for which the Company is liable under Schedule A,and the amount so paid shall be deemed
cancellation. this policy,and shall only apply to that portion of any a payment under this policy to the insured owner.
(b) To Pay or Otherwise Settle With Parties loss which exceeds, in the aggregate, 10 percent of
Other than the Insured or With the Insured Claimant. the Amount of Insurance stated in Schedule A. 12. PAYMENT OF LOSS.
(i) to pay or otherwise settle with other (c) The Company will pay only those costs,
parties for or in the name of an insured claimant attorneys' fees and expenses incurred in accordance (a) No payment shall be made without
any claim insured against under this policy, together with Section 4 of these Conditions and Stipulations. producing this policy for endorsement of the payment
with any costs, attorneys'fees and expenses incurred unless the policy has been lost or destroyed,in which
by the insured claimant which were authorized by the 8. APPORTIONMENT. case proof of loss or destruction shall be furnished to
Company up to the time of payment and which the the satisfaction of the Company.
Company is obligated to pay;or If the land described in Schedule (A) (C) (b) When liability and the extent of loss or
(ii) to pay or otherwise settle with the consists of two or more parcels which are not used damage has been definitely fixed in accordance
insured claimant the loss or damage provided for as a single site, and a loss is established affecting with these Conditions and Stipulations, the loss or
under this policy, together with any costs, attorneys' one or more of the parcels but not all,the loss shall damage shall be payable within 30 days thereafter.
fees and expenses incurred by the insured claimant be computed and settled on a pro rata basis as if the
which were authorized by the Company up to the amount of insurance under this policy was divided 13. SUBROGATION UPON PAYMENT OR
time of payment and which the Company is obligated pro rata as to the value on Date of Policy of each SETTLEMENT.
to pay. separate parcel to the whole, exclusive of any
Upon the exercise by the Company of either of improvements made subsequent to Date of Policy, (a) The Company's Right of Subrogation.
the options provided for in paragraphs(b)(i) or(ii), unless a liability or value has otherwise been agreed Whenever the Company shall have settled and
the Company's obligations to the insured under this upon as to each parcel by the Company and the paid a claim under this policy,all right of subrogation
policy for the claimed loss or damage,other than the insured at the time of the issuance of this policy and shall vest in the Company unaffected by any act of
payments required to be made, shall terminate, shown by an express statement or by an the insured claimant.
including any liability or obligation to defend, endorsement attached to this policy. The Company shall be subrogated to and be
prosecute or continue any litigation. entitled to all rights and remedies which the insured
9. LIMITATION OF LIABILITY. claimant would have had against any person or
7. DETERMINATION, EXTENT OF property in respect to the claim had this policy not
LIABILITY AND COINSURANCE. (a) If the Company establishes the title, or been issued.If requested by the Company,the insured
removes the alleged defect,lien or encumbrance,or claimant shall transfer to the Company all rights and
This policy is a contract of indemnity against cures the lack of a right of access to or from the remedies against any person or property necessary in
actual monetary loss or damage sustained or land,or cures the claim of unmarketability of title, order to perfect this right of subrogation.The insured
incurred by the insured claimant who has suffered all as insured, in a reasonably diligent manner by claimant shall permit the Company to sue,
loss or damage by reason of matters insured against any method,including litigation and the completion compromise or settle in the name of the insured
by this policy and only to the extent herein of any appeals therefrom, it shall have fully claimant and to use the name of the insured claimant
described. performed its obligations with respect to that matter in any transaction or litigation involving these rights
(a) The liability of the Company under this and shall not be liable for any loss or damage caused or remedies.
policy shall not exceed the least of: thereby. If a payment on account of a claim does not fully
(i) the Amount of Insurance stated in (b) In the event of any litigation, including cover the loss of the insured claimant,the Company
Schedule A; litigation by the Company or with the Company's shall be subrogated to these rights and remedies in the
or, consent,the Company shall have no liability for loss proportion which the Company's payment bears to the
(ii) the difference between the value of or damage until there has been a final determination whole amount of the loss.
the insured estate or interest as insured and the value by a court of competent jurisdiction,and disposition If loss should result from any act of the insured
of the insured estate or interest subject to the defect, of all appeals therefrom, adverse to the title claimant,as stated above,that act shall not void this
lien or encumbrance insured against by this policy. as insured. policy, but the Company, in that event, shall be
(b) In the event the Amount of Insurance stated (c) The Company shall not be liable for loss or required to pay only that part of any losses insured
in Schedule A at the Date of Policy is less than 80 damage to any insured for liability against by this policy which shall exceed the amount,
percent of the value of the insured estate or interest or voluntarily assumed by the insured in settling any if any, lost to the Company by reason of the
the full consideration paid for the land,whichever is claim or suit without the prior written consent of impairment by the insured claimant of the Company's
the Company. right of subrogation.
First American Title
Policy No.231-4367648
(b) The Company's Rights Against Non- and the insured. Arbitration pursuant to this policy by any action asserting such claim,shall be restricted
Insured Obligors. and under the Rules in effect on the date the demand to this policy.
The Company's right of subrogation against non- for arbitration is made or, at the option of the (c) No amendment of or endorsement to this
insured obligors shall exist and shall include,without insured,the Rules in effect at Date of Policy shall be policy can be made except by a writing endorsed
limitation, the rights of the insured to indemnities, binding upon the parties. The award may include hereon or attached hereto signed by either the
guaranties, other policies of insurance or bonds, attorneys'fees only if the laws of the state in which President, a Vice President, the Secretary, an
notwithstanding any terms or conditions contained in the land is located permit a court to award attorneys' Assistant Secretary, or validating officer or
those instruments which provide for subrogation fees to a prevailing party.Judgment upon the award authorized signatory of the Company.
rights by reason of this policy. rendered by the Arbitrator(s)may be entered in any
court having jurisdiction thereof. 16. SEVERABILITY.
14. ARBITRATION The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration In the event any provision of the policy is held
Unless prohibited by applicable law, either the Rules. invalid or unenforceable under applicable law, the
Company or the insured may demand arbitration A copy of the Rules may be obtained from the policy shall be deemed not to include that provision
pursuant to the Title Insurance Arbitration Rules of Company upon request. and all other provisions shall remain in full force and
the American Arbitration Association. Arbitrable effect.
matters may include, but are not limited to, any 15. LIABILITY LIMITED TO THIS POLICY;
controversy or claim between the Company and the POLICY ENTIRE CONTRACT. 17. NOTICES,WHERE SENT
insured arising out of or relating to this policy, any
service of the Company in connection with its (a) This policy together with all endorsements, All notices required to be given the Company and
issuance or the breach of a policy provision or other if any, attached hereto by the Company is the entire any statement in writing required to be furnished the
obligation.All arbitrable matters when the Amount of policy and contract between the insured and the Company shall include the number of this policy and
Insurance is $1,000,000 or less shall be arbitrated at Company.In interpreting any provision of this policy, shall be addressed to the Company at 1 First
the option of either the Company or the insured. All this policy shall be construed as a whole. American Way, Santa Ma,California 92707,or to
arbitrable matters when the Amount of Insurance is (b) Any claim of loss or damage, whether or the office which issued this policy.
inexcess of$1,000,000 shall be arbitrated only when not based on negligence, and which arises out of
agreed to by both the Company the status of the title to the estate or interest covered
hereby or
First American Title
F. ANN RODRIGUEZ, RECORDER DOCKET: 12442
RECORDED BY: LAM �voi P�II►?,, PAGE: 4 219
DEPUTY RECORDER OO NO. OF PAGES: 2
6545 PE6 ,^,A ��Iz SEQUENCE: 20042341100
SOROV � " 12/06/2004
TOWN OF ORO VALLEY RLISP 16:54
11000 N LA CANADA DR 1RI1O-t1Q'
ORO VALLEY AZ 85737 MAIL
ATTN TOWN CLERK
AMOUNT PAID $ 8.00
1 Joseph N.Andrews
Civil Attorney
2 State Bar No.020344
Town of Oro Valley
3 11000 N.La Canada Drive •
Oro Valley,Arizona 85737
4 Tel.(520)229-4760
5 Attorney for Plaintiff
6
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7
IN AND FOR THE COUNTY OF PIMA
8
TOWN OF ORO VALLEY,an )
9 Arizona Municipal Corporation, ) NO. C20040412
10 Plaintiff, )
11 )
V. )
12 ) NOTICE OF RELEASE OF
THE SARAH MILLER TRUST ) LIS PENDENS
13 )
Defendant )
14 ) (Assigned to:Hon.Jane Eikleberry)
15 )
16
17 The Town, by and through its undersigned counsel, hereby notifies the Court that th
above-entitled cause has been settled and the lisPendens is released.
18
,ri t ,��
'�
DATED this day of 1 ,2004.
19 / at
fAt Afc t"A.r:
20 J irph N. ft"; • ews
orney for Plaintiff
21
22 A copypf the fo going mailed/served
this f"-' day of Q j-nt - ,2004.
23
Honorable Jane Eikleberry
24 Superior Court for the State of Arizona
Pima County
25 100 W.Congress
Tucson,Arizona 85701
c..
1 Original mailed thisot
day
of00e,r— i-1-41--- 2004 to:
2 .'
3 Honorable Jane Eikleberry
Superior Court for the State of Arizona
4 Pima County
100 W. Congress
5 Tucson,Arizona 85701
6
1
7 `�� f
/7 i
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
2 IN AND FOR THE COUNTY OF PIMA
3
4 TOWN OF ORO VALLEY, an )
Arizona Municipal Corporation, ) NO. C20040412
5
)
6 Plaintiff, )
)
V. )
7
ORDER FOR DISMISSAL
8 THE SARAH MILLER TRUST )
)
9 Defendant )
(Assigned to: Hon. Jane Eikleberry)
10
)
11
12 The Court having been informed that the issues raised by the Plaintiff's Complaint in the
13 above-captioned cause have been settled and resolved, and on the Stipulation of the parties,
14
15 IT IS HEREBY ORDERED that the above captioned matter is dismissed with
prejudice.
16
DONE IN OPEN COURT this day of , 2004.
17
18
Judge of the Superior Court
19 Copy of the foregoing mailed this_day
of , 2004 to:
20
21 Joseph N. Andrews, Esq.
Town of Oro Valley
22 11000 N. La Canada Drive
Oro Valley,Arizona 85737
23 Attorney for Plaintiff
24 Donna Avera, Esq.
Leonard Felker Altfeld Greenberg&Battaile,PC
25 7440 N. Oracle Road,Bldg. 2
Tucson, Arizona 85704-6376
Attorney for Defendant
F. ANN RODRIGUEZ, RECORDER DOCKET: 12432
• RECORDED BY: CDG V11,144 PAGE: 5414
DEPUTY RECORDER 4400pNO. OF PAGES: 3
1105 PE2w� :,,4- SEQUENCE: 20042240886
404R.
' z11/19/2004
TFATI
JOSEPH N ANDREWS `9R 141,' WTDEED 17:30
11000 N LA CANADA DR 1ZU AFFIDAVIT
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 12.00
When Recorded Return To:
Joseph N. Andrews
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
2,5)
V7 ' -niiC
SPECIAL WARRANTY DEED
For valuable consideration,Grantor Sarah Miller as Trustee of the Richard and Sarah Miller Revocable Trust
dated April 11, 2000, does hereby grant, sell and convey all right title and interest of Grantor in that certain real
property located in Pima County, Arizona described:
on the attached Exhibit A
to the Town of Oro Valley.
Exempt pursuant to ARS 11-1134 A-3
This conveyance is subject to all taxes and assessments,patent reservations, all covenants, conditions,
restrictions, servitudes, easements, declarations and any other matter of record or which an accurate survey and
physical inspection of the Property would reveal and zoning and further subject to any other restrictions,
reservations, prohibitions, regulations and requirements imposed by any governmental authorities.
Grantor warrants the title to the Property against all acts of Grantor and no other, subject to the matters
set forth above.
Grantor:
Sarah Miller,
Trustee of the Richard and Sarah Miller Revocable Trust
dated April 11, 2000
Sarah Miller, Trustee
STATE OF ARIZONA )
) ss.
COUNTY OF PIMA )
4
The foregoing instrument was subscribed, sworn to and acknowledged before me thikal
day of
October, 2004, by Sarah Miller as Trustee of the Richard and Sarah Miller Revocable Trust dated April 11,
2000. I
.,,r,j, OFFICIAL S A L
.•�.r_ VICTORIA G AMMERM.��! :.._ _ _ l 1__ /
R te% NOTARY PUBLIC••ARIZONA: tab.
►,7 PIMA COUNTY
Aly Gomm.Exp4res Feb.4, ..I. otary Pub is
r 3
No. 231-4367648
EXHIBIT "A"
PARCEL NO. 1:
THE NORTH 40.00 FEET OF THE SOUTH 90.00 FEET OF THE EAST ONE HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP
11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN
PIMA COUNTY, ARIZONA.
PARCEL NO. 2:
THE NORTH 60 FEET OF THE SOUTH 150 FEET OF THE EAST 240 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP
11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
PIMA COUNTY, ARIZONA.
PARCEL NO. 3:
A PORTION OF THAT PARCEL DESCRIBED AS DOCKET 10160, PAGE 2168, RECORDS
OF PIMA COUNTY, ARIZONA, LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, PIMA COUNTY,ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34;
THENCE NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST, ALONG THE EAST
LINE OF SECTION 34, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST,
ALONG THE EAST LINE OF SECTION 34, A DISTANCE OF 378.00 FEET TO THE
SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS DOCKET 4339, PAGE 371,
RECORDS OF PIMA COUNTY, ARIZONA;
THENCE SOUTH 89 DEGREES 25 MINUTES 48 SECONDS WEST, ALONG THE SOUTH
LINE OF THAT PARCEL DESCRIBED AS DOCKET 4339, PAGE 371 A DISTANCE OF
16.28 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE 42
WEST, HAVING A RADIUS OF 483.23 FEET AND A CENTRAL ANGLE OF 15 DEGREES
QM
52 MINUTES 33 SECONDS AND TO WHICH A RADIAL LINE BEARS SOUTH 75 4w,
DEGREES 38 MINUTES 22 SECONDS EAST;
nry{
Mruli
THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE,AND ARC 4'
DISTANCE OF 133.90 FEET;
THENCE SOUTH 30 DEGREES 14 MINUTES 23 SECONDS WEST, TANGENT TO SAID
CURVE, A DISTANCE OF 53.54 FEET;
THENCE NORTH 59 DEGREES 45 MINUTES 37 SECONDS WEST, A DISTANCE OF 5.00
Page 6
No. 231-4367648
FEET;
THENCE SOUTH 30 DEGREES 14 MINUTES 23 SECONDS WEST, A DISTANCE OF 50.00
FEET TO THE BEGINNING OF A TANGENT CURVE;
THENCE SOUTHWESTERLY AND SOUTHERLY AN
ARC DISTANCE OF 183.29 FEET
ALONG THE CURVE, CONCAVE TO THE EAST, HAVING A RADIUS
OF 6388.15 FEET
AND A CENTRAL ANGLE OF 16 DEGREES 27 MINUTES 25 SECONDS TO A POINT ON
A LINE, PARALLEL TO AND 150.00 FEET NORTH OF THE SOUTH LINE OF SECTION
34;
THENCE NORTH 89 DEGREES 25 MINUTES 48 SECONDS EAST,
ALONG SAID
PARALLEL LINE, A DISTANCE OF 195.50 FEET TO THE POINT
OF BEGINNING.
PARCEL NO. 4:
A PORTION OF THAT PARCEL DESCRIBED AS DOCKET 4339,PAGE
371,RECORDS
OF PIMA COUNTY,ARIZONA, LOCATED IN THE SOUTHEAST
QUARTER OF
SECTION 34, TOWNSHIP 11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION •
34,
THENCE NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST,
ALONG THE EAST
LINE OF SECTION 34, A DISTANCE OF 528.00 FEET TO THE SOUTHEAST CORNER OF
THAT PARCEL DESCRIBED AS DOCKET 4339, PAGE 371 AND THE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST,
ALONG THE EAST LINE OF SECTION 34, A DISTANCE OF 124.38 FEET
OF CUSP, ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 483.23 FEET
AND A CENTRAL ANGLE OF 14 DEGREES 54 MINUTES 57 SECONDS TO WHICH A
RADIAL LINE BEARS NORTH 89 DEGREES 26 MINUTES 53 SECONDS ;
EAST,
THENCE SOUTHERLY ALONG SAID CURVE, AND ARC DISTANCE OF 125.80 FEET
TO A POINT ON THE SOUTH LINE OF THAT PARCEL DESCRIBED AS DOCKET 4339,
PAGE 371;
THENCE NORTH 89 DEGREES 25 MINUTES 48 SECONDS EAST,ALONG SAID SOUTH
LINE A DISTANCE OF 16.28 FEET TO THE POINT OF BEGINNING
4
Page 7
F. ANN RODRIGUEZ, RECORDER DOCKET: 12233
RECORDED BY: LAM o�Pl1{ PAGE: 2420
DEPUTY RECORDER NO. OF PAGES: 6
6545 PE4 77 N, , ! SEQUENCE: 20040250689
•SOROV c74t02/06/2004�
TOWN OF ORO VALLEY LISP 16:49
11000 N LA
0 CANADA DR
ORO VALLEY AZ5/7 7 MAIL
/ rrn '•%?fie t �"..
ATTN TOWN CLERK - i 4
AMOUNT PAID $ 8.50
corY
1 Joseph N. Andrews JAN 2 3 20k44
Civil Attorney
2 State Bar No. 020344 PATRICIA A.NOLAND
Town of Oro Valley CLERK.SUPERIOR COURT
3 11000 N. La Canada Drive
Oro Valley, Arizona 85737
4 Tel. (520)229-4760
5 Attorney for Plaintiff
6
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7
IN AND FOR THE COUNTY OF PIMA
8
9
TOWN OF ORO VALLEY, an )
10 Arizona Municipal Corporation, ) NO. 4 0 4 1 2
p �
)
11 Plaintiff, )
12 )
V. )
13 ) LIS PENDENS(Eminent Domain)
THE SARAH MILLER TRUST )
14 )
Defendant )
15 ((Assigned to. EIKLEBRRYEL.
16 4.2
NOTICE IS HEREBY GIVEN:
17
•
18
1. That the Town of Oro Valley has filed a civil action in the Superior Court of Pim. �--'
County, Arizona against Defendant named above and that said action is no
19 -
pending.
20
2. That said action involves and affects title to the realropity legally le all described a-
21 -21
p
follows:
22
See Exhibit"A" attached hereto and made a part hereof by this reference.
23
3. The Town of Oro Valley seeks to condemn the property described above fo
24
1 4. The Plaintiff requests that the compensation to be made to the owners of the
2 property be ascertained and that Plaintiff may have such other further relief as
3 may be just and equitable.
5 `
4 DATED this,22 r�
day of 0 t?a. rt,), , 2004.
J
5
6 TOWN OF ORO VALLEY, ARIZONA
8 r LO1 A
Jose 2h N. A drews
9 C1 1 Attorney
10 A copy the fol-going mailed/served
11
this Znay of „4__ „ L_ , 2004.
12 Sidney Felker
13 Leonard Felker Altfeld Greenberg & Battaile,PC
7440 N. Oracle Road, Bldg. 2
14 Tucson, Arizona 85704-6376
15
1
(1)(
By:
16
17
18
19
20
21 4-3
�..
22 -
23
24
25
2
F:\Litigation\MillerTleadings\LisPendens.doc
1 EXHIBIT A
2
3 Legal Description of the "Affected Land"
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 �"
22 3
23
24 "
25
3
F:\Litigation\Miller\Pleadings\LisPendens.doc
Legal Description
Miller property Parcel "A"
A portion of Section 34, Township 11 South, Range 13 East, Gila and
Salt River Meridian, Pima County, Arizona more particularly
described as follows;
The east %2 of the southeast 1/4 of the southeast 1/4 of said Section 34
--except the south 50 feet and --except the east 330 feet of the north
528 feet of the south 1056 feet.
The above described parcel contains an area of 15.24 acres, more or
less.
Legal Description
Miller property Parcel "B"
A portion of Section 34, Township 11 South, Range 13 East, Gila and
Salt River Meridian, Pima County, Arizona more particularly
described as follows;
The east 330 feet of the north 528 feet of the south 1056 feet of the
east 1/2 of the southeast '/4 of the southeast 1/4 of said Section 34.
The above described parcel contains an area of 4 acres, more or
less.
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SETTLEMENT AGREEMENT
This Settlement Agreement is entered into this day of September, 2004, by and
between he Town of Oro Valley, an Arizona Municipal Corporation (the "Town") and
Sarah Miller as Trustee of the Sarah Miller Trust(the "Owner").
RECITALS
A. Owner is the owner of certain real property in Pima County, Arizona, more
specifically described on the attached Exhibit A (the"Property").
B. The Town has filed an eminent domain action in the Pima County Superior
Court, Case No. C20040412 (the "Litigation").
C. Owner and Town seek to resolve the transfer of the Property and all issues
related to the Litigation.
D. The Town has delivered partial payment to Owner in the amount of Fifty Two
Thousand Nine Hundred and Fifteen Dollars ($52,915.00).
E. Owner has obtained and filed in the Pima County Arizona Recorder's Office a
Deed of Partial Release and Partial Reconveyance as provided in Exhibit B.
For the mutual promises contained herein and valuable consideration given, the Owner
and the Town agree as follows:
1. The Recitals set forth above are incorporated into this Agreement be
reference.
2. Closing shall be on or before (closing Date) at the
offices of First American Title, 1880 E. River Road, #120, Tucson,
Arizona 85718 (Escrow Agent).
3. Upon closing, Owner will execute the Special Warranty Deed in the form
attached as Exhibit C transferring the real property to the Town.
4. Upon closing, the Town will deliver payment to Owner in the amount of
Twenty Thousand Dollars ($20,000.00).
5. The Town shall pay all closing costs associated with the execution of the
Settlement Agreement including but not limited to escrow fees and the
expense of the-titre.spolicy.
s* 6. On or before the date of closing, Owner shall pay all taxes and
assessment which are a lien on the Property as of the date of closing. The
F:U.itigation\Miller\Condemnation Settlement Agreement Draft 032404.doc 1
Escrow Agent shall be authorized to prorate all taxes and assessments as
of the Closing Date.
7. This Settlement Agreement shall serve as escrow instructions to the
Escrow Agent.
8. Owner releases and forever discharges the Town of and from all manner
of action, causes of action, claims, contracts, or demands whatsoever in
law or in equity which the Owner may now have related to the Litigation.
The Town hereby releases and forever discharges the Owner of and from
all manner of action, causes of action, claims, contracts, or demands
whatsoever in law or in equity which the Town may now have against the
Owner related to the Litigation.
9. The Town and the Owner expressly agree that the terms and provision of
this Settlement Agreement shall be deemed confidential. The Town and
Owner and their attorney agree not to release any information concerning
the Settlement Agreement to the general public including but not limited
to attorneys and the media, including any press releases or other
statements to the media.
10. Each party shall pay their own costs, including but not limited to attorneys
fees, appraisal fees and engineering fees as contemplated by ARS § 12-
120(B).
TOWN OF ORO VALLEY, an SARAH MILLER TRUST
Arizon u icipal Coloration
E / //
By:
Chuck Sweet Sarah Miller
Its: Town Manager Its: Trustee
ATTEST:
43,A,CS
Kathryn Cuvelier, Town Clerk
Date: \(A
A OLk
F:\Litigation'Miller\Condemnation Settlement Agreement Draft 032404.doc 2
APPROVED AS TO FORM: APPROVED AS TO FORM:
TOWN OF ORO VALLEY LEONARD, FELKER, ALTFELD,
GREENBERG &BATTAILE, P.C.
7)MM hi(j( -
By: /eillOiri By:
Mark J. L glitz/e Donna Aversa
Town Attorney Attorney for the Sarah Miller Trust
F:\Litigation\Miller\Condemnation Settlement Agreement Draft 032404.doc 3
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
•
F:\Litigation\Miller\Condemnation Settlement Agreement Draft 032404.doc 3
.
f
. , •
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.
EXIIIBIT A
Legal Description
The North 60' of the South 150' of the East 240' of the
Southeast '/ of the Southeast % of Section 34, Township
11 East; Range 13 South, Gila & Salt River Meridian,
Pima County, Arizona, containing 0.33 acres, more or
less..
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LEGAL DESCRIPTION. - .
The south 40' of the.Mille roe -.further described as the -
P p rtY� east 1/2 of the southeast 1/4
• •of the southeast 1/4: -except the south 50'-� & -except-the east 330' -
p of the north 52 8 . of
• the south 1056' of Section 34 Township.11 Range 13 -Gila & Meridian,
g Salt River Pima
County,"Arizona, containing 15.24 acres, more or-less.
•
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Trans ortation • Enyjronmena1, Catalina En•ineenni -Inc: .
t,.. ,,
Li.:.1.5.:..;
I:44.:-,....i-. •
.
• : July 21,2003
. DESCRIPTION OF
• PARCEL TO BEACQUIRED
:_ • • RICHARD E: MILLER, SR,AND SAW
MILLER .
PARCEL NUMBER 219-47-0170 - •
. '_ . . .� ttl Uth of that Cel d - - • .
pat' e� bed in Docket I
�6 at page
• 216$,zeoQrds of Pima County,...-
.�nzona,located in•the south�t one-quarterof-Section.34,Township 11 S
Gila and Salt River Meridian, Pima 13 East
ounty,Arizona,described as f t'
ollbws:
- - .Commencing at the southeast co Section. . .*I
� - .
mer of Sects on 3 4,them North 00° „
- . line of Section 34,a.�1i � 33 67 West, alongthe - --
)00 . stance of 150.0 0 feet to the Point of B -• t
thence continuing North 00°33'07" West, egjnnin ;
along the east line of Secflo •
-
. • -feet to the.southeast corner thatof described n 3�,a distance Qf 3 78.00
pal described in Docket 4339 at page 371.; rid
. It . . ibence South 89a25'48►'West,alongthe south
line of that parcel described .
-page 371 a distance of 16bed 1n docket 4339at
.2$feet to the beginningof a n .
on-tangent curve eve to the-a radius of 483.23 feet aid-a central ° � ." • e we,.RI .
angle of 15 52 33 and to •
- bears South 75°3811"East; Bch a radia] line
thence,southerly and southwester) along
• .. . thence � std curve,an arc distance of 133
South West tangent to d .90 feet;
A..•' - thence North � - cuzve,a distance of 53,54 feet . - - - .
Wes a
t, distance of 5.00 feet
-
• thence South 30°1423" West, a distance - . .
of 5 0,00 feet to the beginning•
thence southwesterly and southerly ����of a tangent curve; .
an arc distance o f 183.29 fe• 0 -
et along the G1�Ye��aYC to '
. East,having a radius of 638:15 feetthe •
and a central angle 016°27'25" •
- - parallel to and 150:00 feet north ofto a point on a line. -
.• 4■ o � the south•line of Section 34; - .
__r."... thence-North North 89 25 4 g„ • -
. East,along said parallel lint .a
Beginnin . .distance of 195.50 feet to.the '
g . - Point of
j..
414tor . , . ,... _
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-, gee Road, Suife 140 • Tucson, Arizona85704Z :-:2-
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RICHARD - a
E MILLER, SR. w :_ :
z
SARAH MILLER
1410 W. TANGERINE RD.
• ORO VALLEY AZ - a
• •219-47— ! a
DKT. 10160 PG 2168 1r. _
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- 11 16 '27 '25" - S89 '25'48"14
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• 40, 990 50 FT .- - �; ..-4,-.:1:5`,..:=:•^
.ig •
NORTH 8/W TANGERINE R0 NO o '33 '07"W :: -
150: 0OFt. - .i..:j a :
SOUTHEAST CORNER SECTION ..z• :.n_
T12S Ri3E NiG&SRM. s
..� �� err. �". �..s �► •O h j - •,-,.-z-,.•�•_v'
SECTIONTLINE _ RAD/AL
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SKETCH PARCEL TOB '`:�•�±.
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- - July 21,2603
•
• DESCRIPTION.OF PARCEL-TO BE ACQUIRED
• rti RICHARD,E.MILLER AND SARAH K. MILLER . ' . .
• PARCEL NUMBER 219-47-o I 80 • - .
. A portion of thatparcel des in
Docket 4339at 3 71
• . ,records of}• '���ot�t�, ,Ax��o
looted in the southeast one-quarter of Section 34,Township South, '
- P Range l 3 East,dila and
Salt River Meridian,Pima County,Arizona,described as follows;
•
- Commencing •
at the southeast corner of Section 3�4
thence North 00°33'07" Wet, aJoi)gline of Section 34 djstance of the east
f 52 8.00 feet to the south east corner ofd in
paricel desextbd
-_ : Docket 4339 at page 371 ,and the Point of Be ; _
• - thence continuing North 00°33'07",West;alongthe east line-of ne of Section 3.4, a distance of 124.3
feet to a point of cusp on a curve concave to the $
,.•.:. West having a radius of 483.23 feet and
- central angle of 14°54'57"to which a radial bio bearsa
North 89°26'53"East. . � •-�
thence s 4 utherly along said curve,an arc distance stance of 125.80 feet to a pohit on the south '
that parcel described in Docket 4339at line of •
• pac 371;
� thence North $9'25'48"Eat along • •
• •
said south line a distance of 16.28 fee .-
• - Beginning. t to the Point o f
•
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_ -=L:. 2 ::_- Mageeas Suite 140 • Tucson Arizona
:...�;i;�--.-s r: :., ° 85704
?�;ac..� .S .r.+.•i i::. (520)544-4067
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Jul -29 03 04• '45p R L. �w
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- - —i — RICHARD E. MILLER .
7 & SARAH K.•MILLERN-z .
• 1 410 W. TANGERINE RD. `.. y r
ii
OR0 VALLEY AZ -
219-47-0180
:-..
`..:•__•
. T.• 4339 PG 37 j::},.tl 14 '54'57-" •
A-.125 80Ft. •• - N89 '26.53".E RADIAL
R=483.23Ft. ...
" .j/��/, - _ N00 '33'07" -�
AQxA 124.38F .z.
•
• 570 50 FT .
..-,......--;.,,;,:•,:_:4--LI
P.0. 8
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N00 '33 '07-w .
528. oOFt ,rz: i :::.
,I.-.1 ts-. .)il• i
NORTH R/1 TANGERINE RD �s• .7:.�0.. _:f
• • tiJs:�
SOUTHEAST CORNER SECTION 34
TI2S 1113E G f*;.t -.
&SRi R,` 3�:.,; .:Y
SECTION LINE • : ` '
it
i.v.
�-,'��•=1.,. •-a%
SKETCH OF PARCEL TO -B ::::r f::
Lgt',
EXHIBIT B
DEED OF PARTIAL RELEASE AND PARTIAL RECONVEYANCE
F:\Litigation\Miller\Condemnation Settlement Agreement Draft 032404.doc 4
Jg 1 U4 UU: 53a S i dneS Lex Felker, P. C. 520G227337 p. 2
Record and Return to:
Donna Nf. Aversa
7440 N. Oracle Rd., Bldg. 2
Tucson, AZ 85704
DEED OF PARTS RELEASE AND PARTIAx,
RECONVEYANCE
WBEREAS, the indebtedness secured by the Deed of Trust executed
E. Miller, Sr, and Sarah Miller, by Richard Husband and Wife, to Title Guaranty Agency of AZ, Inc.,
an AZ Corporation, for the Benefit of Chase
Manhattan Bank USA,N.A. dated Jul I 0
2002 and recorded on July 15, 2002 in Docket 11841 Y '
at Page Zo55, records ofPixna
County, Arizona, has been partially paid.
NOW THEREFORE,pursuant to theprovisions of
the Beneficiary c' Arizona Revised Statutes 33-
707�, fx iary under said Deed of Trust does hereby partially release andreconve without covenant or warranty, expressed
or implied, unto thearties legally
entitled thereto all right, title and interest whichP g y
was heretofore acquired by said trustee
under said Deed of Trust for the benefit of the Beneficiary,
description tion attached only as to the legal
p hereto as Exhibit A.
Dated this 25th day of August, 2004
Beneficiary:
CHAS , • • TTAN BANK USA, N.A..
By: 41116. i
Ann- . - , •ss, Assls�ant Vice President
State of ELOR1DA
County of}HLL SB OROUGH
This instrument was acknowledged before me this 25th day y of August, 2004, by
Ann-Marie Vess, Assistant Vice President of Chase Manhattan Bank USA, N.A.
�•�` Y sNELLEY Y.FRIFDMAN • .
,r MY COMMISSION#DD 203830
� " '•����
EXPIRES:April)6,2t}Or � `
.d�-S-� Pubic6 2007fers „ lam• Public: Shelley T. riedrnan
CMN•`' ''_"'"l
My Commission Expires: 4/16/07
—
EXHIBIT C
SPECIAL WARRANTY DEED
F:\Litigation\Miller\Condemnation Settlement Agreement Draft 032404.doc 5
When Recorded Return To:
Joseph N. Andrews
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SPECIAL WARRANTY DEED
For valuable consideration,Grantor Sarah Miller as Trustee of the Richard and Sarah Miller Revocable Trust
dated April 11, 2000, does hereby grant, sell and convey all right title and interest of Grantor in that certain real
property located in Pima County, Arizona described:
on the attached Exhibit A
to the Town of Oro Valley.
This conveyance is subject to all taxes and assessments, patent reservations, all covenants, conditions,
restrictions, servitudes, easements, declarations and any other matter of record or which an accurate survey and
physical inspection of the Property would reveal and zoning and further subject to any other restrictions,
reservations,prohibitions, regulations and requirements imposed by any governmental authorities.
Grantor warrants the title to the Property against all acts of Grantor and no other, subject to the matters
set forth above.
Grantor:
Sarah Miller,
Trustee of the Richard and Sarah Miller Revocable Trust
dated April 11, 2000
Sarah Miller, Trustee
STATE OF ARIZONA )
) ss.
COUNTY OF PIMA )
The foregoing instrument was subscribed, sworn to and acknowledged before me thi day of
October, 2004, by Sarah Miller as Trustee of the Richard and Sarah Miller Revocable Trust dated April 11,
2000.
; OFFICIAL SEAL .
. .;,VICTORIA G.ANNERIAN 4_
'•``.` ►% NOTARY PUBLIC.•ARIZONA � pyr fr/%
+� ►•' PIMA COUNTY
My Comm.Fx*es Feb.4, r.• otary Pub is
RECEIVED
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
-De-CO ?004
IN AND FOR THE COUNTY OF PIMA
CASE: C-20040412 Per_w„, _, ..,
JOSEPH N ANDREWS
11000 N LA CANADA DR.
TUCSON, AZ 85737
***********************************************************************************
ORDER OF DISMISSAL
It appearing that this case has been on the inactive calendar for two
months or more; THEREFORE,
IT IS ORDERED, pursuant to Rule 38.1 (d) , Arizona Rules of Civil
Procedure, this case is dismissed for lack of prosecution without
prejudice as to all unadjudicated claims.
IT IS FURTHER ORDERED pursuant to A.R.S. 25-315 (F) (3) that all temporary
orders, including those related to custody, child support, spousal
maintenance and wage assignments are vacated.
IT IS FURTHER ORDERED that any bond filed herein be exonerated and if said
bond be in cash, that same be returned by the clerk to the proper party or
his attorney, and that any exhibits be returned by the clerk to counsel
introducing same.
//
ALL PREVIOUSLY DEFERRED FEES SHALL BE PAID IN FULL WITHIN PI [4- DAYS.
Jane L. Eikleberry
JUDGE OF SUPERIOR COURT
HoUe(-3o-tr
)Z,)-(P 't
DATE
***********************************************************************************
PLAINTIFF VS DEFENDANT
TOWN OF ORO VALLEY THE SARAH MILLER TRUST
CC: JOSEPH N ANDREWS
Sep 21 04 03: 18p S i dneLex Felker, P. C. 5206227337 p. 2
F. ANN RODRIGUE Z, RECORDER DOCKET: 12378
RECORDED BY: D_K i PAGE: 5 012
DEPUTY RECORDER 11400r'
NQ. OF PAGES: 3
7864 PE1 SEQUENCE: 20041701040
HAWK . I09/01/2004
HAWKINS & CAMPBELL • PRECON 17:30
PICKUP 41010.&'
PICKUP
AMOUNT PAID $ 9.00
Donna M. Aversa
7440 N. Oracle Rd., Bldg. 2
Tucson, AZ 85704
DEED OF PARTIAL RELEASE AND PARTIAL RECONVEYANCE
WHEREAS, the indebtedness secured by the Deed of Trust executed by Richard
E. Miller, Sr. and Sarah Miller, Husband and Wife, to Title Guaranty Agency of AZ, Inc.,
an AZ Corporation, for the Benefit of Chase Manhattan Bank USA, N.A. dated July 10,
2002 and recorded on July 15, 2002 in Docket 11841 at Page 2055, records of Pima
County, Arizona, has been partially paid.
NOW THEREFORE, pursuant to the provisions of Arizona Revised Statutes 33-
707 A, the Beneficiary under said Deed of Trust does hereby partially release and
reconvey without covenant or warranty, expressed or implied, unto the parties legally
entitled thereto all right, title and interest which was heretofore acquired by said trustee
under said Deed of Trust for the benefit of the Beneficiary, only as to the legal
description attached hereto as Exhibit A.
Dated this 25th day of August, 2004
Beneficiary:
CHAS ► ANHATTAN BANK USA,N.A.
By:
Ann- a - -ss, Assissaa.nt Vice President
State of FLORIDA
County of HILLSBOROUGH
This instrument was acknowledged before me this 25th day of August, 2004, by
Ann-Marie Vess, Assistant Vice President of Chase Manhattan Bank USA, N.A.
SHELLEY T.FRIEDMAN ► — ';
Ing( = MY COMMISSION#DD 203830
��� t:
t....;;;„‘....t? EXPIRES:April 16 2007 kata Public: Shelley T. riedman
-•i����,�•
Bonded Thru Notary pylic Underwriters My Commission Expires: 4/16/07
Sep 21 04 03: 19p S i dnei Lex Felker, P. C. 5206227337 p. 3
Exhibit
(Released Property)
PARCEL NO. 1:
THE NORTH 40.00 FEET OF THE SOUTH 90.00 FEET OF THE EAST ONE HALF OF THE
SOUTHEAST QUARTER OF TUE SOUTHEAST QUARTE. OF SECTION 34, TOWNSHIP
11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
PIMA COUNTY, ARIZONA
PARCEL NO. 2:
THE NORTH 60 FEET OF THE SOUTH 150 FEET OF THE EAST 240 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP
11 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
PIMA COUNTY, ARIZONA.
PARCEL NO. 3:
A PORTION OF THAT PARCEL DESCRIBED AS DOCKET 10160,PAGE 2168,RECORDS
OF PIMA COUNTY, ARIZONA,LOCATED IN THE SOUTHEAST QUARTER OF SECTION
34, TOWNSHIP 11 SOUTH, RANGE 13 EAST, OF THE GILA,AND SALT RIVER BASE
AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34;
THENCE NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST, ALONG THE EAST
LINE OF SECTION 34, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 33 MINUTES 07 SECONDS WEST,
ALONG THE EAST LINE OF SECTION 34, A DISTANCE OF 378.00 FEET TO THE
SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS DOCKET 4339,PAGE 371,
RECORDS OF PIMA COUNTY, ARIZONA;
THENCE SOUTH 89 DEGREES 25 MINUTES 48 SECONDS WEST, ALONG THE SOUTH
LINE OF THAT PARCEL DESCRIBED AS DOCKET 4339, PAGE 371 A DISTANCE OF ���
VP'.
1618 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE
WEST,RAVING A RADIUS OF 483.23 FEET AND A CENTRAL ANGLE OF 15 DEGREES as
52 MINUTES 33 SECONDS AND TO WHICH A RADIAL LINE BEARS SOUTH 75 ,.
DEGREES 38 MINUTES 22 SECONDS EAST;
1
Sep 21 04 03: 19p S i Olney Lex Felker, P. C. 5206227337 p. 4
THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE, AND ARC
DISTANCE OF 133.90 FEET;
THENCE SOUTH 30 DEGREES 14 MINUTES 23 SECOND WEST, TANGENT TO SAID
CURVE, A DISTANCE OF 53.54 FEET;
THENCE NORTH 59 DEGREES 45 MINUTES 37 SECONDS WEST, A DISTANCE OF 5.00;
THENCE SOUTH 30 DEGREES 14 MINUTES 23 SECONDS WEST, A DISTANCE OF 50.00
:FEET TO THE BEGINNENQ OF A TANGENT CURVE;
THENCE SOUTHWESTERLY AND SOUTHERLY AN ARC DISTANCE OF 183.29 FEET
ALONG THE CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 638 .15 FEET
AND A CENTRAL ANGLE OF 16 DEGREES 27 MINUTES 25 SECONDS TO A PONT ON
A LINE, PARALLEL TO AND 150.00 FEET NORTH OF THE SOUTH LINE OF SECTION
34;
THENCE NORTH 89 DEGREES 25 MINUTES 48 SECONDS EAST, ALONG SAID
PARALLEL LINE, A DISTANCE OF 195.50 FEET TO THE POINT OF BEGINNING.
/IIw
I
Nr�
J
4�Y1
Hlrn
'IMI'
4
2
RECEIVED t ECM/ED
MAY
,eonar t-elKer
EXTENSION OF TOWN OF ORO VALLEY'S RIGArS:OF-IlittizY ONTO
PRIVATE PROPERTY FOR PUBLIC WORKS PROJECTS
Susan Montgomery, Trustee for the Sarah Miller Trust, and the Town of Oro Valley
hereby amend the Rights-of-Entry onto Private Property, described herein and attached
hereto as Exhibit A and Exhibit B, extending the expiration date of these Agreements
from April 20, 2004 until such time as the Settlement Agreement between the Town and
the Sarah Miller Trust is finalized, signed and/or the matter is adjudicated.
0
)
Susan Montgomery \j Date
for the Sarah Miller Trust
F:`Litigation\Miller\Amendment to right-of-entry.doc
EXHIBIT A
Town of Oro Valley
Right-of-Entry onto Private Property
For Public Works Projects
I, (please print full name)
Hereby authorize the Town of Oro Valley Department of Public Works, their contractors
and equipment to enter and cross my property at (please print address/location):
1410 W. Tangerine Road, Oro Valley, Arizona 85737
The authorization to enter and cross my propertyshall be for the following
-
Access the property as necessary for the widening of Tangerine
. g Road and
associated construction. The legal description of the area to be accessed
is as
follows: The North 60 feet of the South 150 feet of the East 240 feet of the Southeast one-quarter
of the Southeast ones-quarter of Section 34, Township 11 East, Range 13 South, Gila & Salt River
Meridian, Pima Countuy,Arizona, containing 0.33 acres:more or less.
Restrictions: (locations, time, etc )
Right of access for the property will expire upon completion p on of the Tangerine
Road Improvement Project on or about April 20, 2004
Within 10 days of the Property Owner's signing of this right-of-entry, the Town
shall pay to Property Owner the sum of$9,075.00 pursuant to which
- ARS 12-1116, whi
amount shall be credited against the final amount of lust compensation determined
n determined
to be due the Property Owner.
?= - l �
Property owner's &gnatur
Date
Property Owner—please send this signed form to:
Town of Oro Valley
Department of Public Works
11000 N. La Canada Drive
Oro Valley, Arizona 85737
The Department of Public Works can be reached by phone at (520)-229-4880. Work on
your property will begin after receiving this signed document.
EXHIBIT B
Town of Oro Valley
Right-of-Entry onto Private Property
For Public Works Projects
I, (please print full name) t. c , CN1 TIO
Hereby authorize the Town of Oro Valley Depart • t of Pic W s, their contractors
and equipment to enter and cross my property at(p ease print address/location):
1410W. Tangerine Road, Oro Valley, Arizona 85737
The authorization to enter and cross my property shall be for the following purpose:
Access the property as necessary for the widening of Tangerine Road and
associated construction. The legal description of the area to be accessed is as
follows: The south 40'of the Miller •ro•e further described as the east%of the southeast%of
the southeast%-except the south 50'-&-except the east 330'of the north 528'-of the south 1056'of
Section 34 Township 11 Range 13, Gila & Salt River Meridian, Pima County, Arizona, containing
15.24 acres,more or less
Restrictions: (locations, time, etc .)
Right of access for the property will expire upon completion of the Tangerine
Road Improvement Project on or about April 20, 2004
Within 10 days of the Property Owner's signing of this right-of-entry, the Town
shall pay to Property Owner the sum of $16,000 pursuant to ARS 12-1116, which
amount shall be credited against the final amount of just compensation determined
to be due the Property Owner.
6---yvJAA, ,k). ),A6Y,K-1W 3\ t
Property owners linatuD. Date
Property Owner— please send this signed form to:
Town of Oro Valley
Department of Public Works
'11000 N. La Canada Drive
Oro Valley, Arizona 85737
The Department of Public Works can be reached by phone at (520)-229-4880. Work on
your property will begin after receiving this signed document.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made byand between en the Town of Oro
Valley, a municipal corporation in the State of Arizona "Town"
( ), and the Miller family,
the owners of certain real property commonlyknown
and referred to as 1410 W.
Tangerine Road, Oro Valley, Arizona("Millers").
The Town is extending La Canada Drive north of Tangerine g e Road and will need
to acquire approximately .96 acres of the property owned by the Millers (as described in
Exhibit"1") for the La Canada Drive extension ("Project").
The Millers are willing to allow the Town to immediately •
enter upon the subject
property for the purpose of constructing the Project subject to certainconditions conditions set forth
below.
Accordingly, the parties agree that the Millers, through Sarah ah Miller, will sign and
deliver to the Town a Right of Entry upon the property described bed herein for purposes of
constructing the Project. The Town shall payto the Millers within n ten (10) days of the
signing of the Right of Entry the sum of$27,840.00. That
sum shall be credited against
the final amount of just compensation determined to be due the Millers if the parties are
unable to amicably reach a settlement concerningsuch final
amount.
Approved as to fo I TOWN OF ORO VALLEY
s '/AOP
Mar . L.ngl i By
Oro Valley Town A : ey Paul Loomi
s, ayor ate
MILLER FAMILY
ATTEST
By r ,�
t • Sarah Miller Date
i I_7-623
EXHIBIT 1
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1ransorfaIion • Environmental • CivH
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July 21,200.3
DESCRIPTION OF PARCEL TO BE ACQUIRED
RICHARD E. MILLER, SR• AND SARAH MILLER -
MO
PARCEL NUMBER 219-47-0170
A portion of that parcel described in Docket 1 0160 at page 2168, '
• • P � records of Pima County,
Arizona,located in the southeast one-quarter of. Section 34,
Township J 1 South, Range 13 East,
Gila and Salt River Meridian., Pima County,Arizona, described
asfQllows:
Commencing at the southeast corner of Section 34,thence
orth 00°33'07" West, along the east
line of Section 34, a distance of 150.00 feet to the Point of Beginning;
thence continuing North 00033'07" West,alongthe east line .
feet, of Section 34, a distance of 3 7$.00
f�.�t to the southeast corner of that paarrcI described in Docket 4339 at page 371, records of
Pima County, Arizona;
ill thence South 89°25'48" West,along the south line
of that parcel described in Docket 4339
page 371 a distance of 16.28 feet to the beginning of at
�nriing a non-tangent curve concave to thes
centralhaving aradius Qf483,23 .f�t�dawet
angle of 15°52'33"and to which aa •` '
bears South 75'38'11" East• z.dtaa 1J e
thence southerly and southwesterly alongsaid cu
thence 30014123" } tee,an arc distance of I33.90 feet;
n e South West tangent to said curve,a .
distance of 53._54 feet
thence North 59'45'37" West,a distance of
5.00 feet
thence South 30°14'23" West, a distance
of 50.00#'eet to the beginning of a tangent curve;
thence southwesterly and southerlyan arc ,� t
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distance of 183.29 feet alongthe curve
east, having a radius of 638.15 feet and a central concave to the
angle of 16°27'25" to apoint on a
parallel to and 150.0 feet north of the southline
_ thence � � n line of Section 34;
North 8 9 2 5 4$ East,along said parallel
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.�. � p Icl line, 4 distance of 195-•��}feet to
Beginning. t.,o' .
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ORO VALLEY AZ z
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DESCRIPTION OF PARCEL TO BE ACQUIRED
4 .
RICHARD E.MILLER AND SARAH K. MILLER
PARCEL NUMBER 219-47-0180
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A portion of that parcel described in Docket 4339 at page 371,records of Pima.County, Anz4x�a,
located in the southeast one-quarter of Section 34,Township l I South, Ran a 13 East,
. � Glia and
! Salt Rei •er Meridian,Pima County,Arizona,described as follows:
Commencing at the southeast corner of Section 34, thence North 00°33'07" '
West, along the east
line of Section 34,a distance of 528.00 feet to the southeast corner of that parceldescribed d esc� in
Docket 4339 at page 371 and the Point of Beginning;
thence continuing North 00°33'07' West, along the east line o.f Section 34, a distance
feet to a point of cusp of I Z4,3$
on a curve concave to the west having a radius of 483.23 feet and a
central angle of 14°54'57"to which a radial line bears North 89°2 `' "
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thence southerly along said curve,an arc distance5 -
of 12..K 0 feet to a point on the south line of
that parcel described in Docket 4339 at page 371;
thence North $9f'25'4$"East, alongsouth said south lane a distance of 16.28 feet to the Point of
Beginning.
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Y- ' _ • {520}544-4067
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-I---- RICHARD E. MILLER./7 -- - is
G SARAH K. MILLER
1410 W. TANGERINE RD. rr
ORO VALLEY AZ
219-47-0180
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SOUTHEAST CORNER SECTION 34----.7\41
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SKETCH OF PARCEL zRED TO 8E ACOU
Town of Oro Valley
Right-of-Entry onto Private Property
For Public Works Projects
I, (please print full name) CAIIff)
,'//cf: ,
Hereby authorize the Town of Oro Valley Department of Public Works, their contractors
and equipment to enter and cross my property at (please print address/location):
1410 W. Tangerine Road, Oro Valley, Arizona 85737
The authorization to enter and cross my property shall be for the following purpose:
Access the property as necessary for the extension of La Canada Drive and
associated construction. The legal descriptions of the areas to be accessed are
as follows:
A portion of that parcel described in Docket 10160 at page 2168, records of Pima County, Arizona,
located in the southeast one-quarter of Section 34, Township 11 South, Range 13 East, Gila and Salt
River Meridian, Pima County,Arizona, described as follows:
Commencing at the southeast corner of Section 34, thence North 00 degrees 33 minutes 07 seconds
West, along the east line of Section 34, a distance of 150.00 feet to the Point of Beginning;
thence continuing North 00 degrees 33 minutes 07 seconds West, along the east line of
Section 34, a distance of 378.00 feet to the southeast corner of that parcel described in Docket 4339
at page 371, records of Pima County,Arizona;
thence South 89 degrees 25 minutes 48 seconds West, along the south line of that parcel
described in Docket 4339 at page 371 a distance of 16.28 feet to the beginning of a non-tangent
curve concave to the west having a radius of 483.23 feet and a central angle of 15 degrees 52
minutes 33 seconds and to which a radial line bears South 75 degrees 38 minutes 11 seconds East;
thence southerly and southwesterly along said curve, an arc distance of 133.90 feet;
thence South 30 degrees 14 minutes 23 seconds West tangent to said curve, a distance of
53.54 feet;
thence North 59 degrees 45 minutes 37 seconds West, a distance of 5.00 feet;
thence South 30 degrees 14 minutes 23 seconds West, a distance of 50.00 feet to the
beginning of a tangent curve;
thence southwesterly and southerly an arc distance of 183.29 feet along the curve concave
to the east, having a radius of 638.15 feet and a central angle of 16 degrees 27 minutes 25 seconds
to a point on a line parallel to and 150.00 feet north of the south line of Section 34;
thence North 89 degrees 25 minutes 48 seconds East, along said parallel line, a distance
of 195.00 feet to the Point of Beginning.
The above described parcel contains 40,990 square feet, more or less.
and
A portion of that parcel described in Docket 4339 at page 371, records of Pima County, Arizona,
located in the southeast one-quarter of Section 34, Township 11 South, Range 13 East, Gila and Salt
River Meridian, Pima County,Arizona, described as follows:
Commencing at the southeast corner of Section 34, thence North 00 degrees 33 minutes 07 seconds
West, along the east line of Section 34, a distance of 528.00 feet to the southeast corner of that
parcel described in Docket 4339 at page 371 and the Point of Beginning;
thence continuing North 00 degrees 33 minutes 07 seconds West, along the east line of
Section 34, a distance of 124.38 feet to a point of cusp on a curve concave to the west having a
radius of 483.23 feet and a central angle of 14 degrees 54 minutes 57 seconds to which a radial line
bears North 89 de•rees 26 minutes 53 seconds East-
thence southerly along said curve, an arc distance of 125.80 feet to a point on the south
line of that parcel described in Docket 4339 at page 371;
thence North 89 degrees 25 minutes 48 seconds East,along said south line a distance of
16.28 feet to the Point of Beginning.
The above described parcel contains 670 square feet, more or less.
Restrictions: (locations, time, etc )
Right of access for the property will expire upon completion of the Tangerine
Road Improvement Project on or about April 20, 2006
Within 10 days of the Property Owner's signing of this right-of-entry, the Town
shall pay to Property Owner the sum of$27,840.00, pursuant to ARS 12-1116, which
amount shall be credited against the final amount of just compensation determined
to be due the Property Owner.
Krz r- �
operty owner's signature Date
Property Owner- please send this signed form to:
Town of Oro Valley
Department of Public Works
11000 N. La Canada Drive
Oro Valley, Arizona 85737
The Department of Public Works can be reached by phone at (520)-229-4880. Work on
your property will begin after receiving this signed document.
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Sent by: NAC CONSTRUCTION 5206823440; 03/18/03 5:06PM;JetF?L_#310;Page 1 /1
Sarah K. Miller
14 l 0W, Tangerine Rd.
Tucson, Arizona 85737
,
March 18, 2003
To Whom It May Concern:
I do here by give Susan Montgomery the authority to represent me and sign on
my behalf,any
documents regarding my property at 1410 W. Tangerine Rd., Tucson, Arizona.
f
/e)(04-6241, , /r)..
e/64,/
Sarah K. Miller
Notary:
NAME SARAH K. HILLER
HAS APPEARED BEFORE ME THIS THE 18 DAY OF MARCH , 2003
SUBSCRIBED AN]) SWORN TO BEFORE ME THIS 18 DAY OF MARCH , 2003.
*? 1,tii- /1()1A-ffl‘--
NOTARY
NOTARY PUBLIC IN AND FOR THE COUNTY OF PIMA, STATE OF ARIZONA
(NOTARY SEAL)
, : �,j NANCY
SEAL.
.,, PL NANCY H ON
(s...► .. Notauypublic Anizona
+; y.; = P1MAUf.titiMy Commission� �/
:tExpires
fr �5f 2005
RE:CEIVEO
LEY q
o , _ % MAP 122
04''',_- - r y TOWN OF ORO VALLEY
0
q
# y .. 11000 N. LA CANADA DRIVE 4 A ,,,- -I r
ORO VALLEY ARIZONA 85737
-
�r Administrative Offices(520)229-4700 Fax(520)297-0428
's www.townoforovalley.com
3
°UNDE°
March 11, 2003
Susie Montgomery
8359 W. Tangerine Road
Marana, AZ. 85653
RE: Memo of Understanding between the Millers and Town of Oro Valley
regarding relocation of the existing fence, electric gate and landscape with
the new 40 feet Right of Way for the Tangerine Rd widening.
Dear Mrs. Montgomery:
First, I would like to thank you for meeting Paul Nzomo On February 10, 2003. In
addition, the Town would like to thank the Miller family, especially Mrs. Miller and
yourself, for your co-operation and time given to the Town of Oro Valley staff
during the planning and design of the Tangerine Road and La Canada Drive
extension. The Town of Oro Valley will continue to work with you in assuring that
these projects have minimum impact to your property and life style.
The Town of Oro Valley is in the construction stage for the Tangerine Rd
widening. As you are aware, the Town will need 40 feet right of way from the
Miller property, (as described in Exhibit A). The Town representative has been
working with your representatives to reach an agreement on the fair cost for this
portion of the new right of way. In order for the Millers to have a safe access off
Tangerine and the construction of the drainage structure the intersection
improvements at La Canada Drive/ Tangerine need to continue without any
delays. It was agreed in the meeting on February 10, 2003 between you and the
town representative that the Town will relocate your electric gate, chain link
fence, driveway with new pavement and landscape that is currently within the 40
feet to a new location. All improvements and landscaping to be relocated or
replaced shall be done in a manner such that the finished work is in substantially
the same condition and appearance as prior to the relocation. The location of the
said improvements will be determined onsite with you, Town staff and the
contractor.
Once the new location is approved by the owner of the property, owner will sign
and deliver to the Town, owner's consent providing the terms of the right of entry
including that within 10 days of the Property Owner's signing of the right-of-entry,
the Town shall pay to Property Owner the sum of$16,000, as provided in the
Town's appraisal of value on the property, pursuant to ARS 12-1116, which
F:\Public Works\Millers\Miller MOU regarding Tangerine rd construction doc
amount shall be credited against the final amount of just compensation
determined to be due the Property Owner.
If you are in agreement with the above statement, please sign below and call
Paul Nzomo (229-4872) to arrange for a site visit to determine the location of the
improvements.
Once again, thank you for your time and co-operation in this matter. We look
forward to working with you in the future.
Very I yours,
il—03
Chuck Sweet Date
Oro Valley Town Manager ,
� 1
' U-IY-- 5-40ge -P-14 RA„,./0
Sarah Miller Date
Cc: William A. Jansen, P.E, Public Works Director/Town Engineer
Joseph N. Andrews, Civil Attorney
F:\Public Works\Millers\Miller MOU regarding Tangerine rd construction.doc
Exhibit A
Property Description
F:Voe\Public Works\Millers1Miller MOU regarding Tangerine rd construction_doc
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Town of Oro Valley
Right-of-Entry onto Private Property
For Public Works Projects
'\) s
I, (please print full name) � -� v � ► 44, 4. �1
Hereby authorize the Town of Oro Valley Departrn- t of P� is o s, their contractors
and equipment to enter and cross my property at (p ease print address/location):
1410 W. Tangerine Road, Oro Valley, Arizona 85737
The authorization to enter and cross my property shall be for the following purpose:
Access the property as necessary for the widening of Tangerine Road and
associated construction. The legal description of the area to be accessed is as
follows: The south 40'of the Miller property, further described as the east%of the southeast% of
the southeast '4-except the south 50'-&-except the east 330'of the north 528'-of the south 1056'of
Section 34 Township 11 Range 13, Gila & Salt River Meridian, Pima County, Arizona, containing
15.24 acres, more or less
Restrictions: (locations, time, etc )
Right of access for the property will expire upon completion of the Tangerine
Road Improvement Project on or about April 20, 2004
Within 10 days of the Property Owner's signing of this right-of-entry, the Town
shall pay to Property Owner the sum of $16,000 pursuant to ARS 12-1116, which
amount shall be credited against the final amount of just compensation determined
to be due the Property Owner.
/ k-,\,03-10e-MIOLDA ‘ \ v\
Property owners i nature J Date
Property Owner— please send this signed form to:
Town of Oro Valley
Department of Public Works
11000 N. La Canada Drive
Oro Valley, Arizona 85737
The Department of Public Works can be reached by phone at (520)-229-4880. Work on
your property will begin after receiving this signed document.
F. ANN RODRIGUEZ, RECORDER DOCKET: 11841 --
E RECORDED BY: PSG .• PAGE: 2055
A DEPUTY RECORDER ,r' % NO. OF PAGES: 7
5 9394 ES2 ° • , f ' SEQUENCE: 20021350452
T TTIGA 07/15/2002
S CHASE MANHATTAN BANK USA :144 otlt* DOT 16:23
1500 N 19TH ST
D MONROE LA 71201 MAIL
E
AMOUNT PAID $ 12.00
Parcel #
-21947.0180
Prepared By:
JANE STELLMACHER
Record and Return Address:
Chase Manhattan Bank USA,N.A.
c/o Chase Manhattan Mortgage Corporation
1500 N. 19th St.
Monroe, LA 71201
Attn: Document Control 6th FL.-HE
Reference #021691933290
Servicing# 803673/795
ARIZONA
OPEN-END DEED OF TRUSTill
s(Securing Future Advances) Z
THIS DEED OF TRUST is made on July 10. 2002 .The trustor is:
RICHARD E. MILLER ; .1.. :;.t i MI LER HUSBAND AND WIFE
whose address is:
1410 W TANGERINE RD,ORO VALLEY,AZ 85737-9_5$ �� ;f�C ./7•) __
The trustee is r • Lur,U4 „A;A..e:% • • YfiGy :::►iM*("Trustee"),whose address is:
101 N. TUC OIC,_,$5711 . The beneficiary is Chase Manhattan Bank VSA,N=A.
a national banking association whose address is:
CLO Chase Manhattan Mortgage Corp.2400 Maitland Center Pkwy; it - . F 27 1
In this Deed of Trust, the terms "you," "your" and "yours" refer to the trustor(s). The terms "we," "us" and
"our" refer to the beneficiary. *AGENCY OF AZ, INC., an AZ coxporat^ion
I
Pursuant to a Home Equity Line of Credit Agreement dated the same date as this Deed of Trust
("Agreement"), you may incur maximum unpaid loan indebtedness (exclusive of interest thereon) in amounts s
fluctuating from time to time up to the maximum principal sum outstanding at any time of , ,
TAv_o a re ifif#v Thousand and 00/100 Dollars
($ 250,000.00 ). The Agreement provides for a final scheduled installment due and payable not later
than on July 24, 2032 . You agree that this Deed of Trust shall continue to secure all sums now 2
or hereafter advanced under the terms of the Agreement including, without limitation, such sums that are 0
advanced by us whether or not at the time the sums are advanced there is any principal sum outstanding
under the Agreement. The parties hereto intend that this Deed of Trust shall secure unpaid balances, and all
other amounts due to us hereunder and under the Agreement.
This Deed of Trust secures to us: (a) the repayment of the debt evidenced by the Agreement, with interest,
and all refinancings, renewals, extensions and'modifications of the Agreement; (b) the payment of all other
sums, with interest, advanced under this Deed of Trust to protect the security of this Deed of Trust; and (c)
the performance of your covenants and agreements under this Deed of Trust and the Agreement. For this
purpose and in consideration of the debt, you irrevocably grant and convey to the Trustee and Trustee's
successors and assigns, in trust,with power of sale,the property located in ,PIMA
County, Arizona, and more fully described in EXHIBIT A, which is attached hereto and made a part hereof,
which property is more commonly known as:
1410 W TANGERINE RD, ORO VALLEY,AZ 85737-9563
("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
rights, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions
shall also be covered by this Deed of Trust. All of the foregoing is referred to in this Deed of Trust as the
"Property."
AZLCDT(Rev $!14/00) Ppgr,1 of 6. C
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YOU COVENANT that you are lawfully seized of the estate hereby conveyed and have the right to
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
You warrant and will defend generally the title to the Property against all claims and demands,subject to any
encumbrances of record.
YOU AND WE covenant and agree as follows:
1. Payment of Principal, Interest and Other Charges. You shall pay when the principal of and
interest owing under the Agreement and all other charges due hereunder and due under the Agreement.
2. Application of Payments.Unless applicable law provides otherwise, all payments received by us
under the Agreement and Section 1 shall be applied by us as provided in the Agreement.
3. Prior Deed of Trusts; Charges; Liens. You shall perform all of your obligations under any
mortgage, deed of trust or other security instruments with a lien which has priority over this Deed of Trust,
including your covenants to make payments when due. You shall pay all taxes, assessments, charges,fines
and impositions attributable to the Property which may attain priority over this Deed of Trust or any advance
under this Deed of Trust, and leasehold payments or ground rents, if any. Upon our request, you shall
promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any
such payments you make directly. You shall promptly discharge any lien (other than a lien disclosed to us in
your application or in any title report we obtained) which has priority over this Deed of Trust or any advance
under this Deed of Trust.
We specifically reserve to ourself and our successors and assigns the unilateral right to require,upon notice,
that you pay to us on the day monthly payments are due an amount equal to one-twelfth (1/12) of the yearly
taxes, and assessments (including condominium and planned unit development assessments, if any) which
may attain priority over this Deed of Trust and ground rents on the Property, if any, plus one-twelfth (1/12)
of yearly premium installments for hazard and mortgage insurance, all as we reasonably estimate initially and
from time to time, as allowed by and in accordance with applicable law.
4. Hazard insurance. You shall keep the Property insured against loss by fire, hazards included
within the term "extended coverage" and any other hazards, including floods or flooding, for which we
require insurance. This insurance shall be maintained in the amounts and for the periods that we require.
You may choose any insurer reasonably acceptable to us. Insurance policies and renewals shall be
acceptable to us and shall include a standard mortgagee clause. If we require,you shall promptly give us all
receipts of paid premiums and renewal notices. If you fail to maintain coverage as required in this section,
you authorize us to obtain such coverage as we in our sole discretion determine appropriate to protect our
interest in the Property in accordance with the provisions in Section U. You understand and agree that any
coverage we purchase may cover only our interest in the Property and may not cover your interest in the
Property or any personal property therein. You also understand end agree that the premium for any such
insurance may be higher than the premium you would pay for such insurance. You shall promptly notify the
insurer and us of any loss. We may make proof of loss if you do not promptly do so.
1
Insurance proceeds shall be applied to restore or repair the Property damaged, if restoration or repair is 3
economically feasible and our security would not be lessened. Otherwise, insurance proceeds shall be 4
applied to sums secured by this Deed of Trust, whether or not then due, with any excess paid to you. If you 1
abandon the Property, or do not answer within 30 days our notice to you that the insurer has offered to
settle a claim, then we may collect and use the proceeds to repair or restore the Property or to pay sums 2
secured by this Deed of Trust, whether or not then due. The 30-day period will begin when notice is given. f
Any application of proceeds to principal shall not require us to extend or postpone the due date of monthly
payments or change the amount of monthly payments. If we acquire the Property at a forced sale following 6
your default, your right to any insurance proceeds resulting from damage to the Property prior to the
acquisition shall pass to us to the extent of the sums secured by this Deed of Trust immediately prior to the
acquisition.
You shall not permit any condition to exist on the Property which would, in any way, invalidate the insurance
coverage on the Property.
5. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. You shall not destroy, damage or substantially change the Property, allow the Property to
deteriorate, or commit waste. You shall be in default if any forfeiture action or proceeding, whether civil or
criminal, is begun that in our good faith judgment could result in forfeiture of the Property or otherwise
materially impair the lien created by this Deed of Trust or our security interest. You may cure such a default,
as provided in Section 17,by causing the action or proceeding to be dismissed with a ruling that,in our good
faith determination, precludes forfeiture of your interest in the Property or other material impairment of the
lien created by this Deed of Trust or our security interest. You shall also be in default if you, during the loan
application process, gave materially false or inaccurate information or statements to us (or failed to provide
AZLCDT Peyer 2 Of 6...,43 ).j
/l ), Pg: 2 of 7
us with any material information)in connection with the loan evidenced by the Agreement,including, but not
limited to, representations concerning your occupancy of the Property as a principle residence. If this Deed
of Trust is on a leasehold, you shall comply with the lease. If you acquire fee title to the Property, the
leasehold and fee title shall not merge unless we agree to the merger in writing.
6. Protection of Our Rights in the Property;g p rty; Mortgage insurance. If you fail to perform the
covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may
significantly affect our rights in the Property(such as a proceeding in bankruptcy,probate, for condemnation
or forfeiture or to enforce laws or regulations), then we may do, and pay for, anything necessary to protect
the Property's value and our rights in the Property, Our actions may include paying any sums secured by a
lien which has priority over this Deed of Trust or any advance under the Agreement or this Deed of Trust,
appearing in court, paying reasonable attorney's fees,paying any sums which you are required to pay under
this Deed of Trust and entering on the Property to make repairs. We do not have to take any action we are
permitted to take under this paragraph. Any amounts we pay under this paragraph shall become additional
debts you owe us and shall be secured by this Deed of Trust. These amounts shall bear interest from the
disbursement date at the rate established under the Agreement and shall be payable, with interest, upon our
request. If we required mortgage insurance as a condition of making the loan secured by this Deed of Trust,
you shall pay the premiums for such insurance until such time as the requirement for the insurance
terminates.
7. Inspection.We may enter and inspect the Property at any reasonable time and upon reasonable
• notice.
8. Condemnation.The proceeds of any award for damages, direct or consequential, in connection
with any condemnation or other taking of any part of the Property, or for conveyance in lieu of
condemnation, are hereby assigned and shall be paid to us, If the Property is abandoned, or if, after notice
by us to you that the condemnor offers to make an award or settle a claim for damages,you fail to respond
to us within 30 days after the date the notice is given, we are authorized to collect and apply the proceeds,
at our option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust,
whether or not then due. Unless we and you otherwise agree in writing, any application of proceeds to
principal shall not extend or postpone the due date of the monthly payments payable under the Agreement
and Section 1 or change the amount of such payments.
9. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or
modification of amortization of the sums secured by this Deed of Trust granted by us to any of your
successors in interest shall not operate to release your liability or the liability of your successors in interest.
We shall not be required to commence proceedings against any successor in interest, refuse to extend time
for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any
demand made by you or your successors in interest. Our forbearance in exercising any right or remedy shall
not waive or preclude the exercise of any right pr remedy.
10. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
agreements of this Deed of Trust shall bind and benefit your successors and permitted assigns. Your
covenants and agreements shall be joint and several. Anyone who co-signs this Deed of Trust but does not ;:i;
execute the Agreement: (a) is co-signing this Deed of Trust only to mortgage, grant and convey such S
person's interest in the Property; (b)is not personally obligated to pay the Agreement, but is obligated to pay 7
all other sums secured by this Deed of Trust; and (c) agrees that we and anyone else who signs this Deed of I
Trust may agree to extend, modify, forbear or make any accommodations regarding the terms of this Deed of
Trust or the Agreement without such person's consent.
0
11. Loan Charges. If the loan secured by this Deed of Trust is subject to a law which sets
• maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected 7
or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from you which exceed permitted limits will be refunded to you. We may choose to make
this refund by reducing the principal owed under the Agreement or by making a direct payment to you. if a
refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge
under the Agreement.
12. Notices. Unless otherwise required by law, any notice to you provided for in this Deed of Trust
shall be delivered or mailed by first class mail to the Property Address or any other address you designate by
notice to us. Unless otherwise required by law, any notice to us shall be given by first class mail to our
address stated above or any other address we designate by notice to you. Any notice provided for in this
Deed of Trust shall be deemed to have been given to you or us when given as provided in this paragraph.
13. Governing Law; Severability.The extension of credit secured by this Deed of Trust is governed
by federal law, which for the purposes of 12 USC § 85 incorporates Delaware law. However, the
interpretation and enforcement of this Deed of Trust shall be governed by the law of the jurisdiction in which
the Property is located,except as preempted by federal law. In the event that any provision or clause of this
Deed of Trust or the Agreement conflicts with applicable law, such conflict shall not affect other provisions
of this Deed of Trust or the Agreement which can be given effect without the conflicting provision. To this
end the provisions of this Deed of Trust and the Agreement are declared to be severable.
A2LCDT Pogr of .
, Pg: 3 of 7
14. Transfer of the Property. If all or any part of the Property or any interest in it is sold or
transferred without our prior written consent, we may, at our option,require immediate payment in full of all
sums secured by this Deed of Trust. However, this option shall not be exercised by us if exercise is
prohibited by federal law as of the date of this Deed of Trust.
15. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the
Agreement (together with this Deed of Trust) may be sold one or more times without prior notice to you. A
sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due
under the Agreement and this Deed of Trust. There also may be one or more changes of the Loan Servicer
unrelated to the sale of the Agreement. If there is a change of the Loan Servicer, you will be given written
notice of the change as required by applicable law. The notice will state the name and address of the new
Loan Servicer and the address to which payments should be made. The notice will also contain any
information required by applicable law.
16. Hazardous Substances. You shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do,
anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of Hazardous Substances in quantities that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
You shall promptly give us written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which you have actual knowledge. If you learn or are notified by any government or
regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the
Property is necessary, you shall promptly take all necessary remedial actions in accordance with
Environmental Law. As used in this Deed of Trust, "Hazardous Substances" are those substances defined as
toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene,
other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials. As used in this Deed of Trust,
"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate
to health,safety or environmental protection.
17. Acceleration;Remedies. You will be in default if(1)any payment required by the Agreement or
this Deed of Trust is not made when it is due; (2) we discover that you have committed fraud or made a
material misrepresentation in connection with the Agreement; or 13) you take any action or fail to take any
action that adversely affects our security for the Agreement or any right we have in the Property. If a default
occurs (other than under Section 14, unless applicable law provides otherwise), we will give you notice
specifying: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from
the date the notice is given to you, by which the default must be cured; and (d) that failure to cure the
default on or before the date specified in the notice may result in acceleration of the sums secured by this
Deed of Trust and sale of the Property. The notice shall further inform you of the right to reinstate after
acceleration and the right to bring a court action to assert the non-existence of a default or any other defense
you may have to acceleration and sale. If the default is not cured on or before the date specified in the 1
notice, we may, at our option, require immediate payment in full of all sums secured by this Deed of Trust 1
without further demand and may invoke the power of sale and any other remedies permitted by applicable B
law. We shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 4
17,including, but not limited to, reasonable attorneys'fees as permitted by applicable law, but not to exceed
20%of the outstanding principal and interest,and costs of title evidence.
If we invoke the power of sale, we shall give written notice to Trustee of the default and of our election to
cause the Property to be sold. Trustee shall record a notice of sale in each country in which any of part of
the Property is located and shall mail copies of the notice as prescribed by applicable law to you and to the
other person prescribed by applicable law. Trustee shall give notice of the sale of public advertisement for $
the time and in the manner prescribed by applicable law. After the time required by applicable law and after
publication and posting of the notice of sale,.Trustee, without demand on you, shall sell the property at a
public auction to the highest bidder for cash at the time and place designated in the notice of sale. Trustee
may postpone sale of the Property by public announcement at the time and place of any previously scheduled
sale, We or our designee may purchase the Property at any sale and shall have the benefit of any law,to the
extent applicable,permitting credit bids.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or
warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth
of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a)to all
expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees, as set forth
above; (b) to all sums secured by this Deed of Trust; and (c) any excess to the person or persons legally
entitled to it or to the clerk of the superior court of the county in which the sale took place.
18. Release. Upon payment of all sums secured by this Deed of Trust, we shall release this Deed
of Trust without charge to you. You shall pay any recordation costs.
19 Substitute Trustee. We may, for any reason or cause, from time to time remove Trustee and
appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the
successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by
applicable law.
AZLCDT P,ae a GI c-C-1
'1/
�_J ��) , Pg: 4 of 7
20. Time of Essence. Time is of the essence in each covenant of this Deed of Trust.
21. Mailing Addresses. Your mailing address is the Property Address. Trustee's mailing address is
101 N. W7IMOr, TUCSON, AZ 85711
22. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this
Deed of Trust under the provisions of Section 17, we may, in our sole discretion and upon such conditions
as we in our sole discretion determine, discontinue any proceedings begun to enforce the terms of this Deed
of Trust.
23. Waiver. No waiver by us at any time of any term, provision or covenant contained in this Deed
of Trust or in the note secured hereby shall be deemed to be or construed as a waiver of any other term,
provision or covenant or of the same term,provision of covenant at any other time.
24. Additional Charges. You agree to pay reasonable as allowed by law in connection with the
servicing of this loan including, without limitation, the costs of obtaining tax searches and subordinations.
Provided, however, that nothing contained in this section is intended to create and shall not be construed to
create any duty or obligation by us to perform any such act,or to execute or consent to any such transaction
or matter, except a release of the Deed of Trust upon full repayment of all sums secured thereby.
25. Riders to this Deed of Trust. If one or more riders are executed by you and recorded together
with this Deed of Trust,the covenants and agreements of each such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Deed of Trust as if the rider(s) were a part of
this Deed of Trust. [Check applicable box(es)]
1 Condominium Rider I 1 1-4 Family Rider
I Planned Unit Development Rider I I Other(s)
BY SIGNING BELOW, You accept and agree to the terms and covenants contained in this Deed of Trust and
in any rider(s) executed by you and recorded with it.
Signed,sealed and delivered in the presence of:
_ ic),,Leje �� (Seal)
RICHARD E.MILLER,SR.
(Seal) 1
Witness: SARAH MILLER'
3
4
I
2
(Seal) (Seal) 9
(Seal) (Seal)
(Seal) - -- -_(Seal)
(Seal)
/ ; OFFICIAL SEAL '\
-ROBEfiTO SANCHEZ lII
STATE OF ARIZONA, Notary Public-Arizona
ss: PIMA CPUN�Y
COUNTY OF D‘ ,,.�� } ' My Commission�Expires
. J
The foregoing instrument was acknowledged before me this 1 > day of 'S.—LH
`C= , by {�-•i�.�.r, t [Y1.l t.r c c c_e J � r��— re\ 11.-t_c- .
—57
otary ublic
My Commission expires:
AZLCDT Pada 5 or 6
, Pg: 5 of 7
'rte. 411111.11111111.,
ADDENDUM
for
Recording References
DESCRIPTION OF PRIOR DEED OF TRUST: The Property is subject to an existing deed of trust, dated,
amoung the trustor(s),
(the existing trustee), and
(the existing beneficiary), recorded in Docket Book
• Page in_the Office of the Recorder of
County,.Arizonia.
Below is Attached Exhibit A
1
8
4
I
6
0
AZLCDT Page 6 of 6
, Pg: 6 of 7
The East half of the Southeast Quarter of the Southeast Quarter of
Section 34, Township 11 south, Range 13 East„, Gila and Salt River
Base and Meridian, Pima County, Arizona.
EXCEPT the South 50 feet; AND
EXCEPT THE following described parcel :
BEGINNING at the Southeast Corner of the East half of the Southeast
Quarter of the Southeast Quarter of said Section 34;
THENCE Northerly along the East line of Section 34, a distance of 528
feet to a point, being the TRUE POINT OF BEGINNING
THENCE Westerly parallel to the South line of Section 34, a distance
of 330 feet to a point;
THENCE Northerly parallel to the East line of Section 34, a distance
of 528 feet to a point;
THENCE Easterly parallel to the South line of Section 34, a distance
of 330 feet to a point;
THENCE Southerly along the East line of Section 34, a distance of 528
feet to the TRUE POINT OF BEGINNING_
EXCEPT all coal and other minerals as reserved in the Patent from the
United States of America.
1
I
4
I
2
I
, Pg: 7 of 7
RESOLUTION NO. (R) 03- 116
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE
TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO
OBTAIN A PORTION OF THE MILLER PROPERTY FOR THE
PURPOSE OF RIGHT-OF-WAY FOR ROADWAY
CONSTRUCTION OF TANGERINE ROAD AND THE EXTENSION
OF LA CANADA DRIVE; AND DECLARING AN EMERGENCY
TO EXIST
WHEREAS, Oro Valley has the requisite statutory authority to acquire, own, operate and
maintain roadways for the benefit of the residents of the Town of Oro Valley; and
WHEREAS, Oro Valley is a municipal corporation within the State of Arizona, is vested with
all the rights, privileges and benefits and entitled to the immunities and exemptions granted to
municipalities and political subdivisions under the Laws of the State of Arizona; and
WHEREAS, the property in question, located within the Town of Oro Valley as depicted in
Attachment 1, attached hereto, is necessary for the widening of Tangerine Road and the
extension of La Canada Drive; and
WHEREAS, it is necessary that Oro Valley condemn the land depicted in Attachment 1, for the
purpose of widening Tangerine Road and the extension of La Canada Drive; and
WHEREAS, the Town Council has deemed it necessary, in the interest of the residents of the
Town of Oro Valley, to authorize the Town Attorney to proceed with the condemnation
proceedings against the property depicted in Attachment 1, in order to ensure that the Town
begin construction of the widening of Tangerine Road and the extension of La Canada Drive.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of
Oro Valley, Arizona, that the Town Attorney is hereby authorized to proceed with the filing of a
condemnation action to obtain the property depicted in Attachment 1, attached hereto and
incorporated herein by this reference.
BE IT FURTHER RESOLVED that it is necessary for the preservation of the health and safety
of the Town of Oro Valley, Arizona that an emergency is declared to exist and this Resolution
shall become immediately operative and in force from and after the date of adoption hereof.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 17th day of December , 200 3
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
F:1Resolutions\Miiler Condemnation.don Office of the Oro Vallee Tone Attorne'ica 12/10;03
ATTEST:
V'
Kat n E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
VI
Mark . Lang;i , To aeorney
F;'.Resolutions\Muter Condemnation.doc Office of the Oro Valley Town Attorney/ca 12/10/03
ATTACHMENT 1
LEGAL DESCRIPTION OF PARCELS
TO BE CONDEMNED
••
•
F:\CAROL\MODEL RES AND ORD\Miller Condemnation resolution.doc Office of the Oro Valley Town Attorney/ca 12/10.'03
PARCEL 1
EXHIBIT A
Legal Description
The North 60' of the South 150' of the East 240' of the
Southeast 1/ of the Southeast '/4 of Section 34, Township
11 East, Range 13 South, Gila & Salt River Meridian,
Pima County, Arizona, containing 0.33 acres, more or
less.
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PARCEL 2
LEGAL DESCRIPTION
The south 40' of the Miller property, further described as the east 1/2 of the southeast 1/4
of the southeast 1/4 -except the south 50'- & -except the east 330' of the north 528'- of
the south 1056' of Section 34 Township 11 Range 13, Gila & Salt River. Meridian, Pima
County, Arizona, containing 15.24 acres, more or less.
- _______ _______ _______ ______ _______ ______ ______ ______ ____
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i- � July21, �
2003
DESCRIPTION OF PARCEL TO BE ACQUIRED
RICHARD E. MILLER, SR. AND SARAH
MILLER. •
PARCEL NUMBER 219-47-0170
A portion of that parcel described in Docket 10160 at page 2168,recoxds of Pima County,
Arizona,located in the southeast one-quarter of Section 34, Township .11
South, Range 13 East,
Gila and Salt River Meridian, Pima County,Arizona, described as follows:
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Commencing at the southeast comer of Section 34,thence North 00°33'07"
West, along the east
line of Section 34, a distance of 150.00 feet to the Point of Beginning;
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thence continuing North 00°33'07" West,along the east line of Section 34,a distance of 378.00
feet to the southeast corner of that parcel described in Docket 4339 at page 371, records of
mina Pima County, Arizona;
MI thence South 89°25'48" West, along the south line of thatarce
p 1 described in Docket 4339 at
page 371 a distance of 16.28 feet to the beginning of a non-
. � g tangent curve concave to the west
having a radius of 483.23 feet and-a central angle of 15°
g 52'33 and to whi
PI .charadial line
hears South 75°38'11" East;
thence southerly and southwesterly alongsaid curve, •
thence01 South 30°14'23" , a� arc distance of 133.90 feet;
So h West tangent to said curve,a distance of 53_54 feet
thence North 59°45'37" West, a distance of 5.00 feet •
thence South 30°1423" West, a distance of 50.00 feet to the beginning of a tangent curve;
thence southwesterly and southerlydistance '
poi -
an arc of 183.29 feet along the curve concave to
east, having a radius of 638.15 feet and a central angle of 16°27'25" the
to a point on a line
parallel to and 150.00 feet north of the .
south ji��e of Section 34;
• thence North 89°25'48n East, along said parallel line, a
distance0
of 195.50 feet to the
Beginning. Point of
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RICHARD E. MILLER. SR.
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IS SARAH MILLER z
1410 W. TANGERINE RD.
ORO VALLEY AZNI
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SKETCH OF PARCEL T BE ACQUIRED
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10 . Envfronmeral .Transportation • Civil
. . NIJuly 21, 2003
DESCRIPTION OF PARCEL TO BE ACQUIRED
11 .
RICHARD E.MILLER AND SARAH K. MILLER
PARCEL NUMBER 219-47-0380 -
4,
A portion of that parcel described in Docket 4339 at page 371, records ofi
Pa County, Arizona,
located in the southeast one-quarter of Section 34, Township 11. South,
. Rangel 3 East, dila and
Salt River Meridian,Pima County,Arizona,described as follows;
Commencing at the southeast corner of Section 34, thenCe North 00°33'07" West, along the east
line of Section 34,a distance of 528.00 feet to the southeast comes -
of that parcel described bed tri
Docket 4339 at page 371 and the Point of Beginning;
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thence continuing North 00°33'07" West, along the east line of, � Section 34, a distance of124.38
feet t_ a point of cusp on a curve concave to the west havinga radius of4 2
83.�.._ feet and a
central angle of 14°54'57"to which a radial line bears North 89° •
26 53 East,
•
thence southerly along said curve,an arc distance
ce of l 2_�,K0 feet to a point on the south lin
that parcel described in Docket 4339 at page 371;
'�of
thence North 89^25'48"East, along said south line a distance -
�s ance of l b.28 feet to the Point of
Beginning.
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_.--1-7---- RICHARD E. MILLER
& SARAH K. MILLER :-
1410 W. TANGERINE RD.
ORO VALLEY AZ
219-47-0180 r
DK T. 4339 PG 371 - :-
L1 14 '54 '57"
A=125.88Ft . N89 '26' 53-E RADIAL
R=483. 23Ft .
3g
1 �� - . N00 '33'07 I'W
RAQ�- 124. 38 F •t .
AL
670 SO F T .
N89 '25 48'1E
P. D. 8
16. 28F t .
-m- N00 °33 ' 07"W
528. 00Ft .
NORTH R/W TANGERINE RD _-_
SOUTHEAST CORNER SECTION 0 34
T12S R13E G&SRM. --
SECTION LINE
SKETCHOF
-_
PARCEL TO , :- :
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