HomeMy WebLinkAboutProperty - Acquisitions - 902 07 Heights Properties- Final Order of Condemnation F. ANN RODR I GUE Z, RECORDER DOCKET: 13097
RECORDED BY: MER PAGE: 540
of PI
DEPUTY RECORDER
NO. OF PAGES: 6
0409 PE1 k; �' ® SEQUENCE: 20071360214
SOROV W. : . �
07/16/2007
TOWN OF ORO VALLEY `e
OR 12:20
• R
11000 N LA CANADA 1.41I2614�
ORO VALLEY AZ 85737 MAIL
CONTACT: DIANE CHAPMAN AMOUNT PAID $ 8.50
1 Melinda Garrahan SBN 004973, PCBN '
Town Attorney
t,J 171 014
2 TOWN OF ORO VALLEY 07 41�; , c o P
11000 North La Canada Drive
Oro Valley, Arizona 85737-7015 ;'1
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Telephone: (520) 229-47604
Facsimile: (520) 229-4774
5
Attorney for Plaintiff Town of Oro Valley
6
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7
IN AND FOR THE COUNTY OF PIMA
8
9 TOWN OF ORO VALLEY, A Case No. C20060021
MUNICIPAL CORPORATION,
10
PLAINTIFF,
11 STIPULATED FINAL ORDER
OF CONDEMNATION
12 V-
13 HEIGHTS PROPERTIES, L.L.P. AN (Assigned to The Honorable
Michael Miller)
ARIZONA LIMITED LIABILITY
14 PARTNERSHIP; ET AL.,
15 DEFENDANTS.
16
17 The judgment in this action having been fully satisfied by the Plaintiff, and the
18 real property interests of all named Defendants having been compensated or r„
,r°!
a fk
19 waived; 'r1
20 The Court enters this Stipulated Final Order of Condemnation thereby vesting
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21 in Plaintiff, for purposes of establishing a historical park, title in fee to the real
22 property described in Exhibits "A", "B":and "C" attached hereto.
23
Dated this Ito
dayof , 2007
24
APPROVED AS TO FORM AND CONTENT:
2
3 TOWN OF ORO VALLEY
4
6 l'inda a arraha , Town Attorney
orney or Plai►tiff
7
•
8 GALLAGHER & KENNEDY, P.A.
9
0Air
Robert V. e ck
11 �
Attorney for Defendants He s hts Properties, L.L.P,
12
OVB Partners, L.L.C, Dodge Eleven Industrial, L.L.0
and Brakemasters
13
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12568-0004/1592487
Exhibit A
2
3
A parcel of land located in Section 7, Township 12 South, Range 14 East, Gila &
4 Salt River Meridian, Pima County, Arizona, described as follows:
5 Beginning at a lead capped pipe, being the northeast corner of said Section 7, run
thence SOUTH 56°23'19" WEST a distance of 1672.51 feet, Thence SOUTH
6 55°17'30" WEST a distance of 395.12 feet, Thence SOUTH 35°18'30" EAST a
distance of 395.25 feet to a point on the north right-of-way line of State Highway
7 No. 77, Thence along said north right-of-way line on a curve to the left having an
initial tangent of SOUTH 52°09'53" WEST, a central angle of 01°53'15" and a radius
8 of 17,288.74 feet, a distance of 569.55 feet to the True Point of Beginning, Thence
Westerly along the arc of a curve to the left, having a central angle of 09°37'48" and
9 a radius of 1 ,512.39 feet and arc distance of 254.20 feet (measured) 254.13 feet
(recorded) to the non-tangent West line of the Northeast quarter of Section 7,
10 Thence NORTH 00°21'55" WEST (measured) NORTH 00°23'37" WEST (recorded),
a distance of 303.74 feet (measured) 303.81 feet (recorded) to the East right-of-way
11 line of the Canada de Oro Wash, Thence NORTH 54°01'13" EAST, (measured)
NORTH 54°00'00" EAST, (recorded), a distance of 361.15 feet, Thence SOUTH
12 39°43'22" EAST, a distance of 585.99 feet to the True Point of Beginning.
13 Except for the parcel described as follows:
14
A part of Section 7, Township 12 South, Range 14 East, Gila and Salt River
15 Meridian, Pima County, Arizona, described as follows:
16 Beginning at a lead capped pipe, being the northeast corner of said Section 7, run
thence South 56° 23'19" WEST, a distance of 1,672.51 feet, Thence SOUTH 55°
17 17'30" WEST, a distance of 395.12 feet; Thence SOUTH 35°18'30" EAST, a
di tance of 395.25 feet to a point on the north right-of-way line of State Highway no.
18 77, Thence along said north right-of-way line, on a curve to the left, having an initial
tangent of SOUTH 52° 09'53" WEST, a central angle of 01° 52'15" and a radius of
19 17,288.74 feet, a distance of 569.55 feet; Thence NORTH 39°43' 22" WEST, a
distance of 306.63 feet to the True Point of Beginning; Thence SOUTH 54°01'13"
20 WEST a distance of 250.00 feet; Thence NORTH 39°43'22" seconds WEST, a
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distance of 279.36 feet; Thence NORTH 54°01'13" EAST a distance of 250.00 feet;
21 Thence SOUTH 39° 43' 22" East, a distance of 279.36 feet to the True Point of Mrtu'
Beginning; I
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Said parcel containing 1 .6 acres, more or less.
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12568-0004/1592487
Exhibit B
2
Apart of Section 7, Township 12 South, Range 14 East, Gila and Salt River
3 Meridian, Pima County, Arizona, described as follows:
4 Beginningpat a lead capped pipe, being the northeast corner of said Section 7, run
thence South 56° 23'19"p WEST, a distance of 1,672.51 feet, Thence SOUTH 55°
5 17'30" WEST, a distance of 395.12 feet; Thence SOUTH 35°18'30" EAST, a
distance of 395.25 feet to a point on the north right-of-way line of State Highway no.
677, Thence along said north right-of-way line, on a curve to the left, having an initial
tangent of SOUTH 52° 09'53" WEST, a central angle of 01° 52'15" and a radius of
g
7 17,288.74 feet, a distance of 569.55 feet; Thence NORTH 39°43' 22" WEST, a
distance of 306.63 feet to the True Point of Beginning; Thence SOUTH 54°01'13"
8 WEST a distance of 250.00 feet; Thence NORTH 39°43'22" seconds WEST, a
distance of 279.36 feet; Thence NORTH 54°01'13" EAST a distance of 250.00 feet;
9 Thence SOUTH 39° 43' 22" East, a distance of 279.36 feet to the True Point of
Beginning;
10
Said parcel containing 1.6 acres, more or less.
11
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12568-0004/1592487
Exhibit C
2
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Pima County Tax parcel No. 220-08-001 N
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12568-0004/1592487
F. ANN RODRIGUE Z, RECORDER DOCKET
• 13117
RECORDED BY: LLK PAGE: 683
DEPUTY RECORDER of II
;� � NO. OF PAGES: 12
0112 PE4 ,- �® SEQUENCE: 20071560306
SOROV 41' _ ;:giC'�-,1)4 08/13/2007
TOWN OF ORO VALLEY %? a i � OR
14:12
11000 N LA CANADA
ORO VALLEY AZ 85737
4 �� MAIL
CONTACT: DIANE CHAPMAN AUG AMOUNT PAID $ 11.50
I M
FILED
elinda Garrahan (SBN 004973, PCBN 65835)
Town Attorney 07 AUG 13
2 TOWN OF ORO VALLEY 2: 08
11000 North La Canada Drive ~
i LAND
Oro Valley, Arizona 85737-7015 �� '" SUPER!"- COURT
T Bir( ' ti
Telephone: (520) 229-47604
1 -
Facsimile: (520) 229-4774
5
Attorney for Plaintiff Town of Oro Valley
6
7 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
8 IN AND FOR THE COUNTY OF PIMA
9 TOWN OF ORO VALLEY, A MUNICIPAL Case No. C20060021
CORPORATION,
10 PLAINTIFF,
11 V. STIPULATED ORDER
12
HEIGHTS PROPERTIES, L.L.P., AN (Assigned to The Honorable Michael
13 ARIZONA LIMITED LIABILITY
PARTNERSHIP; ET AL Miller)
14 DEFENDANTS.
15
An error was made in the exhibits attached to the Stipulated Final Order of
16
^'/► Condemnation (See Exhibit "A"). The parties hereby stipulate that the attachments in i1
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Exhibit "B" have been verified and are the correct exhibits.
18
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THEREFORE, THE COURT HEREBY ORDERS the Stipulated Final Order of :.
19
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Condemnation is amended to include the exhibits included in Exhibit "B" of this s
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Stipulated Order. h„�,
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1
2 APPROVED As To FORM AND SUBSTANCE
3
4
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Mr inda G. a an, Town Attorney
7 Attorney •r ' aintiff
8
9 1
it__
10 'Robert Kerrick, Es..
Attorney for Defendants Heig is Properties, L.L.P,
OVB Partners, L.L.C, Dodge Eleven Industrial, L.L.0
12 and Brakemasters
13
14
15
16
17
18
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20
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23 119
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F:\Litigation\Steam Pump R:tnch Condemnation\Pleudings\supulated order doc
1 Exhibit "A"
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FALitigalion\Sicain Pump Ranch Condcmation\PIcadings\stipolatcd ordcr doc
6S1
I Melinda Garrahan (SBN 004973, PCBN 65835)
Town Attorney
2 TOWN OF ORO VALLEY
11000 North La Canada Drive
3 Oro Valley, Arizona 85737-7015
4
Telephone: (520) 229-4760
Facsimile: (520) 229-4774
5
Attorney for Plaintiff Town of Oro Valley
6
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7
IN AND FOR THE COUNTY OF PIMA
8
9 TOWN OF ORO VALLEY, A ( Case No. C20060021
MUNICIPAL CORPORATION,
10
PLAINTIFF,
11 STIPULATED FINAL ORDER
OF CONDEMNATION
12 V.
13 HEIGHTS PROPERTIES, L.L.P., AN
(Assigned to The Honorable
ARIZONA LIMITED LIABILITY
Michael Miller)
14 PARTNERSHIP; ET AL.,
15 DEFENDANTS.
16
17
The judgment in this action having been fully satisfied by the Plaintiff, and the
18
real property interests of all named Defendants having been compensated or
19 waived;
20
The Court enters this Stipulated Final Order of Condemnation thereby vesting
of establishinga historical park, title in fee to the real
21 in Plaintiff, for purposes
Ia��
described in Exhibits "A", "B" and "C" attached hereto. "a
22 property
Dated this
dayof . , 20071
2, 1111)
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( Horable Michael Miller
ma County Superior Court
12568-0004/1592487
APPROVED AS TO FORM AND CONTENT:
2
3 TOWN OF ORO VALLEY
4
.//
6 -Linda e arraha , Town Attorney
orney or Plai►tiff
7
8 GALLAGHER & KENNEDY, P.A.
9
10
Robert V. e• ck
11
Attorney for Defendants Heights Properties, L.L.P,
12 OVB Partners, L.L.C, Dodge Eleven Industrial, L.L.0
and Brakemasters
13
14
15
16
17
18
19
20
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21
22
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12568-0004/1592487
Exhibit A
2
3
A parcel of land located in Section 7, Township 12 South, Range 14 East, Gila &
4 Salt River Meridian, Pima County, Arizona, described as follows:
5 Beginning at a lead capped pipe, being the northeast corner of said Section 7, run
thence SOUTH 56°23'19" WEST a distance of 1672.51 feet, Thence SOUTH
6 55°17'30" WEST a distance of 395.12 feet, Thence SOUTH 35°18'30" EAST a
distance of 395.25 feet to a point on the north right-of-way line of State Highway
7 No. 77, Thence along said north right-of-way line on a curve to the left having an
initial tangent of SOUTH 52°09'5.3" WEST, a central angle of 01 °53'15" and a radius
8 of 17,288.74 feet, a distance of 569.55 feet to the True Point of Beginning, Thence
Westerly along the arc of a curve to the left, having a central angle of 09°37'48" and
9 a radius of 1 ,512.39 feet and arc distance of 254.20 feet (measured) 254.13 feet
(recorded) to the non-tangent West line of the Northeast quarter of Section 7,
10 Thence NORTH 00°21'55" WEST (measured) NORTH 00°23'37" WEST (recorded),
a distance of 303.74 feet (measured) 303.81 feet (recorded) to the East right-of-way
11 line of the Canada de Oro Wash, Thence NORTH 54°01'13" EAST, (measured)
NORTH 54°00'00" EAST, (recorded), a distance of 361 .15 feet, Thence SOUTH
12 39°43'22" EAST, a distance of 585.99 feet to the True Point of Beginning.
13 Except for the parcel described as follows:
14
A part of Section 7, Township 12 South, Range 14 East, Gila and Salt River
15 Meridian, Pima County, Arizona, described as follows:
16 Beginning at a lead capped pipe, being the northeast corner of said Section 7, run
thence South 56° 23'19" WEST, a distance of 1 ,672.51 feet, Thence SOUTH 55°
17 17'30" WEST, a distance of 395.12 feet; Thence SOUTH 35°18'30" EAST, a
distance of 395.25 feet to a point on the north right-of-way line of State Highway no.
18 77, Thence along said north right-of-way line, on a curve to the left, having an initial
tangent of SOUTH 52° 09'53" WEST, a central angle of 01° 52'15" and a radius of
g � 39°43' WEST,
19 17,288.74 feet, a distance of 569.55 feet; Thence NORTH 22" a
distance of 306.63 feet to the True Point of Beginning; Thence SOUTH 54°01'13"
20 WEST a distance of 250.00 feet; Thence NORTH 39°43'22" seconds WEST, a
distance of 279.36 feet; Thence NORTH 54°01'13" EAST a distance of 250.00 feet; ;;,,
21 Thence SOUTH 39° 43' 22" East, a distance of 279.36 feet to the True Point of
Beginning;
"7"22
Said parcel containing 1 .6 acres, more or less.
23
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12568-0004/1592487
Exhibit B
2
A part of Section 7, Township 12 South, Range 14 East, Gila and Salt River
3 Meridian, Pima County, Arizona, described as follows:
4 Beginning at a lead capped pipe, being the northeast corner of said Section 7, run
thence South 56° 23'19" WEST, a distance of 1 ,672.51 feet, Thence SOUTH 55°
5 17'30" WEST, a distance of 395.12 feet; Thence SOUTH 35°18'30" EAST, a
distance of 395.25 feet to a point on the north right-of-way line of State Highway no.
6 77, Thence along said north right-of-way line, on a curve to the left, having an initial
tangent of SOUTH 52° 09'53" WEST, a central angle of 01° 52'15" and a radius of
7 17,288.74 feet, a distance of 569.55 feet; Thence NORTH 39°43' 22" WEST, a
distance of 306.63 feet to the True Point of Beginning; Thence SOUTH 54°01'13"
8 WEST a distance of 250.00 feet; Thence NORTH 39°43'22" seconds WEST, a
distance of 279.36 feet; Thence NORTH 54°01'13" EAST a distance of 250.00 feet;
9 Thence SOUTH 39° 43' 22" East, a distance of 279.36 feet to the True Point of
Beginning;
10
Said parcel containing 1 .6 acres, more or less.
11
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12568-0004/1592487
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Exhibit C
2
3
Pima County Tax parcel No. 220-08-001N
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12568-0004/1592487
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Exhibit "B"
3
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F:1Litigation\Stcam Pump Ranch Condcrnnation\PIcadings\stipulatcd ordcr.doc
Exhibit A
1
2
A parcel of land located in Section 7, Township 12 South, Range 14 East, Gila & Salt
3 River Meridian, Pima County, Arizona, described as follows:
4 Beginning at a lead capped pipe, being the northeast corner of said Section 7, run
thence SOUTH 56°23'19" WEST a distance of 1672.51 feet, Thence SOUTH 55°17'30"
5 WEST a distance of 395.12 feet, Thence SOUTH 35°18'30" EAST a distance of 395.25
feet to a point on the north right-of-way line of State Highway No. 77, Thence along said
6 north right-of-way line on a curve to the left having an initial tangent of SOUTH
g
52°09'53" WEST, a central angle of 01°53'15" and a radius of 17,288.74 feet, a distance
7 of 569.55 feet to the True Point of Beginning, Thence continue along said curve to the
left having a central angle of 00°59'40".and a radius of 17,288.74 feet a distance of
8 300.08 feet, Thence NORTH 70°51'44" WEST a distance of 200.75 feet, Thence
Westerly along the arc of a curve to the left, having a central angle of 09°37'48" and a
9 radius of 1,512.39 feet and arc distance of 254.20 feet (measured) 254.13 feet
(recorded) to the non-tangent West line of the Northeast quarter of Section 7, Thence
10 NORTH 00°21'55" WEST (measured) NORTH 00°23'37" WEST (recorded), a distance
of 303.74 feet (measured) 303.81 feet (recorded) to the East right-of-way line of the
1 1 Canada de Oro Wash, Thence NORTH 54°01'13" EAST, (measured) NORTH 54°00'00"
EAST, (recorded), a distance of 361.15 feet, Thence SOUTH 39°43'22" EAST, a
12 distance of 585.99 feet to the True Point of Beginning.
13 Except for the parcel described as follows:
14
A part of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian,
15 Pima County, Arizona, described as follows:
16 Beginning at a lead capped pipe, being the northeast corner of said Section 7, run
thence South 56° 23'19" WEST, a distance of 1,672.51 feet, Thence SOUTH 55° 17'30"
17 WEST, a distance of 395.12 feet; Thence SOUTH 35°18'30" EAST, a distance of
395.25 feet to a point on the north right-of-way line of State Highway no. 77, Thence
T 18 along said north right-of-way line, on a curve to the left, having an initial tangent of
SOUTH 52° 09'53" WEST, a central angle of 01° 52'15" and a radius of 17,288.74 feet,
19 a distance of 569.55 feet; Thence NORTH 39°43' 22" WEST, a distance of 306.63 feet
to the True Point of Beginning; Thence SOUTH 54°01'13" WEST a distance of 250.00
20 feet; Thence NORTH 39°43'22" seconds WEST, a distance of 279.36 feet; Thence
NORTH 54°01'13" EAST a distance of 250.00 feet; Thence SOUTH 39° 43' 22" East, a
21 distance of 279.36 feet to the True Point of Beginning;
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22 Said parcel containing 1.6 acres, more or less.
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F.\Litigauon\Stcam Pump R.inch Condcmmuion\Pleadings\New cxhibits.doc
Exhibit B
A part of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian,
3 Pima County, Arizona, described as follows:
4 Beginning at a lead capped pipe, beingthe northeast corner of said Section 7, run
pp
thence South 56° 23'19" WEST, a distance of 1,672.51 feet, Thence SOUTH 55° 17'30"
5 WEST, a distance of 395.12 feet; Thence SOUTH 35°18'30" EAST, a distance of
395.25 feet to a point on the north right-of-way line of State Highway no. 77, Thence
6 along said north right-of-way line, on a curve to the left, having an initial tangent of
SOUTH 52° 09'53" WEST, a central angle of 01° 52'15" and a radius of 17,288.74 feet,
7 a distance of 569.55 feet; Thence NORTH 39°43' 22" WEST, a distance of 306.63 feet
to the True Point of Beginning; Thence SOUTH 54°01'13" WEST a distance of 250.00
8 feet; Thence NORTH 39°43'22" seconds WEST, a distance of 279.36 feet; Thence
NORTH 54°01'13" EAST a distance of 250.00 feet; Thence SOUTH 39° 43' 22" East, a
9 distance of 279.36 feet to the True Point of Beginning;
10 Said parcel containing 1.6 acres, more or less.
11
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Exhibit C
2
3
Pima County Tax parcel No. 220-08-001 N
4
This parcel is to remain one parcel under the aforementioned tax parcel number.
5
The foregoing legal descriptions are not intended to split the original parcel into
6
two new parcels.
7
8
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