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Home My WebLink AboutResolution 2007-169 electric easements in saguaro springs block 1 lot AF: ANN RODRIGUEZ, RECORDER DOCKET: 13164 RECORDED BY: LLW PAGE: 480 DEPUTY RECORDER 1956 PE2 01 P1 V NO. OF PAGES: SEQUENCE: 2 20072030149 S14ARA TOWN OF MkRANA 10/19/2007 RE S 10:58 ATTN: TOW IN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 2007-169 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE CERTAIN ELECTRIC EASEMENTS IN SAGUARO SPRINGS BLOCK 1, LOT A, THAT THE DEVELOPER INADVERTENTLY FAILED TO CONVEY BY PLAT. WHEREAS Saguaro Springs Block 1, Lot A was dedicated to the Town for a well site, storage tank and related purposes by the Saguaro Springs final plat recorded with the Pima County Recorder's Office in Map 58 at Page 23; and WHEREAS the Town, Tucson Electric Power and the Developer of the Saguaro Springs project now realize that two additional Electric Easements should have been conveyed to Tucson Eleqtric Power Company by plat; and WHEREAS execution of the easements by the Town is necessary for the Saguaro Springs project and carries out the spirit and obligation of cooperation among the parities, as expressed in the Saguaro Springs Development Agreement and its amendments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the easements attached to and incorporated by this reference in this Resolution as Exhibit "A" and Exhibit 1113" are hereby approved and the Director of Public Works is hereby authorized to execute them for and on behalf of the Town of Marana. IT IS FUTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to complete the terms, obligations, and objectives of the aforementioned easements and Development Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2nd day of October 2007. OF Al _ q I I I Fit" 4 OAQ V Mayor Ed(Honea 1- SEAL N1 vie, k 01 Villa ?. NA V APPROVED AS TO FORM: ATTEST: 0 lyn C. 1301son, Town Clerk (Saguaro Spgs BLK I Lot A Electric Easements) 070920-BB.doc) -2 RESOLUTION EXHIBITS DOCUMENTATION Exhibit "A" to Marana Resolution No. 2007-169, entitled Description of Proposed Electric Easement, from Town of Marana to Tucson Electric Power, was recorded separately on 2007, at Docket Page -UN 01 k-'; \ ?A in the Office of the Pima County Recorder. Exhibit "B" to Marana Resolution No. 2007-169, entitled Description of Proposed Electric Easement, from Town of Marana to Tucson Electric Power, was recorded se arately on w I ?? ?6-1 -12007,atDocket Page in the Office of the Pima County Recorder. 4 I F. ANN RODRIGUEZ, RECORDER DOCKET: 13164 nCORDED BY: LLW Or P1 PAGE: 482 DEPUTY RECORDER NO. OF PAGES: 4 1956 PE2 SEQUENCE: 20072030150 SHARA 10/19/2007 TOWN OF bLAILAOIA 10:58 EASMNT ATTN: TOWN CLERK AV ,1,k1Zbm0* 11555 w civic CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 RIGHT OF WAY EASEMENT Town of Marana Town of Marana, (hereinafter referred to as "Grantor"), hereby grants to Tucson Electric Power Company, an Arizona corporation, its successors and assigns, (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time electric lines, controllers and appurtenant facilities for the transmission and distribution of electricity, consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers, concrete pads, risers, poles, anchors, guy wires and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for the attached communication facilities of other entities, in, over, under, across and along that certain real property described as follows: Legal Description & Depiction Attached as Exhibit "A" and "A-1 Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, landscaping, earth fill, walls or fences upon the above herein described easement, which would impair the repair, maintenance or removal of any or all of the facilities. All systems, including electrical and communication installed by Grantee in and upon the above described easement and right of way shall remain the personal property of the Grantee and shall not be deemed a part of the realty. Grantee and its contractors, agents and employees shall have the right to trim or top such trees and to cut such roots and remove such obstacles that could endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted. Grantee shall have the right during construction of the initial facilities, to use for the purposes incidental to said construction, a strip of land 10 feet in width adjacent and contiguous to the herein granted easement and right of way, said strip to be in whole or in part on each side of said easement and right of way, said right to use said strip of land ceasing and being terminated at such time as said", initial construction is completed. Grantor shall not increase or decrease the ground surface elevation within the boundary of th above described easement and right of way after approved final grade is established and meets Grantee's construction standards. Subsequent to the construction, the ground surface shall not be!N1 penetrated to a depth in excess of 12 inches by any tool or implement, without having the4 underground facilities located and taking all necessary precautions to protect them. Grantor hereby agrees that these covenants are made for the above described real property which is the subject of this easement and right of way. Grantor hereby warrants and represents, and acknowledges Grantee's reliance upon said warranty and representation, that Grantor has good and sufficient title to the real property in order to grant said easement and right of way. In consideration of the mutual terms, covenants and conditions herein contained, this easement shall be binding upon and inure to benefit of any heirs, executors, administrators, permittees, licensees, agents, or assigns of Grantor and any successors and assigns of Grantee. in vA*Wess hereof, the Grantor has executed these presents this- I day of 2007. Town 0 rana, an Arizon nicipal corporation BY:. AS: Director of Public Works Barbara F. Johnson e- t VERIFICATION STATE OF ARIZONA ) ss. COUNTY OF PIMA This instrument was ackno ed before me, the undersigned notary public, by Barbara F. Johnson this - //-t7Z-davof- 7_=6'6'e_ 2007, as Director of _?u_blic Works for the Town of Marana, an Ari'zona municipal corporation. My Commission Expires: 7- Notg?f_ub_lic Barbra L. Boume Notary Public -Arizona Pima County My Commission Expires January 19, 2011 Ecom - - - I TEP Work Request No. WR-1 32019 PCN No.: 99-1-103 Pima County APN: 216-40-0120 Locus: 9355 W. Lambert Lane, Marana, AZ 85653 St?n ec Cons?lting Inc. 201 North Bonita Avenue Suite 101 Tucson AZ 85745-2999 Tel: (520) 750-7474 Fax: (520) 750-7470 stantec.com Stantec EXHIBIT A Description of a Proposed Electric Easement DESCRIPTION of a proposed electric easement over, under and across a portion of Lot A, per the final plat of Saguaro Springs, as recorded in Book 58 of Maps and Plats at Page 23 in the office of the Pima County Recorder, located in a portion of Section 18, Township 12 South, Range 12 East, Gila & Salt River Meridian, Town of Marana, Pima County, Arizona. Said easement being more fully described as follows: COMMENCING AT the Northwest corner of said Section 18 being a found 2"BCSM, from which the North One Quarter corner of said Section 18, being a found 3/4" iron pipe, bears North 89047'51 " East a distance of 2525.55 feet; Thence along the north line of said section, North 89*47'51" East a distance of 119.82 feet; Thence departing said line, South 00'12'09" East a distance of 75-00 feet to a point on the South Right of Way of Lambert Lane as found in Book 14, Page 63 of Road Maps, said point being the TRUE POINT OF BEGINNING; Thence continuing South 00012'09" East a distance of 33.00 feet; Thence South 89047'51 " West a distance of 15.00 feet; Thence North 000 12'09" West a distance of 30.91 feet; Thence along a non-tangent curve to the right for an arc length of 10.30 feet (said curve having a radius of 25.00 feet, a central angle of 23036'36", and a radial line in of South 23048'45" East and a radial line out of North 000 12'09" West); Thence North 89047'51" East a distance of 4.99 feet the TRUE POINT OF BEGINNING. Said easement containing an approximate area of 488 square feet or 0.01 acres of land, more or less. Disclaimer- Stantec Consulting accepts no liability for this description modified or reformatted in any way from its original format and content, purpose other than that for which it was originally intended. Prepared by Nathan L. Gardner, RLS Prepared on 11 -11-05 Reprinted on 09-12-07 Prepared for and on behalf of Stantec Consulting Inc. Project Number: 185621934 November 11, 2005 WAresource\Q-Legal\LEGAL DESCRIPTIONS\Saguaro SpringsDESCRIPTION Land TEP5(111105)Ldoc Pagel of2 11 31 if it has been or used for any EXHIBIT "A-111 E 10 it '0 E PPOINN Off - SEE DE TAIL "A" ME 89. N -4;'SI'E N SCALE 1`100' L=Jg.2J', j J# R=25. O? 4 202.61' \ J05.78' L--j P)N T OF JJ'x15'ELfC7R1C Dfiall% EA SEMEN T INNING Lot A g' J, 569,455 sq. ft. Q, Lot 1 CZ) QZi C4 (3) 4J, 561 sq. ft, JJ1. 08' 202.61' --------------- DE TA IL "A ETAIL S CALE SCALE 1?--50 N.8947'51 "E 119. 82' (10 I -Lj -Lj LC POINT OF Q) (Z) 4 COMWENCEMEN T NW CORNER SEC. 18, T12S, R12E L5 POINT OF L=J9.2JP BEGINNING R=25. 00' QT\ (A of A 3, 569,455 sq. ft. LINE TA BLE LINE LENGTH BEARING Ll -- - -- 33.00 - NOO*12'09'W C 2 15 00 N89-47'51'E L3 30.91 - SOO*12'09'E - L4 4 39 ?8-9-47'51'W L5 1 25.00 S23*48'45'E CURVE TABLE CURVE I LENGTH I RA IUS C11 10.301 25.00 JJ'xl5' ELECTRIC EA SEMEN T THIS SKM IS MR EXHIBff PUR)OSB ONLY MID WB M)T CDNSMM A PRWM BMIDARY SIRvV StantK Stantec Consulting 201 North Bonita Ave Tucson AZ U.S.A. 85745-2999 Tel. 520.750.7474 Fax. 520.750.7470 www.stantec.com September. 2007 185621935 SAGUARO RESERVE L.L.C., SAGUARO SPRINGS T 12 S. R 12 E. SECTION 18 PIMA COUNTY, ARIZONA Figure No. 1.0 rft Proposed T.E.P. Easement PAGE 2 OF 2 Description Exhibit 1 :-3, F. AM RODRIGUEZ, RECORDER DOCKET: 13164 REC9RDED BY: LLW 01 PIT PAGE: 486 DEPUTY RECORDER NO. OF PAGES: 4 1956 PE2 SEQUENCE: 20072030151 SMARA 10/19/2007 TOWN OF M&RANA EASMNT 10:58 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 RIGHT OF WAY EASEMENT Town of Marana Town of Marana, (hereinafter referred to as "Grantor"), hereby grants to Tucson Electric Power Company, an Arizona corporation, its successors and assigns, (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time electric lines, controllers and appurtenant facilities for the transmission and distribution of electricity, consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers, concrete pads, risers, poles, anchors, guy wires and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for the attached communication facilities of other entities, in, over, under, across and along that certain real property described as follows: Legal Description & Depiction Attached as Exhibit "B" and "13.1" Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, landscaping, earth fill, walls or fences upon the above herein described easement, which would impair the repair, maintenance or removal of any or all of the facilities. All systems, including electrical and communication installed by Grantee in and upon the above described easement and right of way shall remain the personal property of the Grantee and shall not be deemed a part of the realty. Grantee and its contractors, agents and employees shall have the right to trim or top such trees and to cut such roots and remove such obstacles that could endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted. Grantee shall have the right during construction of the initial facilities, to use for the purposes incidental to said construction, a strip of land 10 feet in width adjacent and contiguous to the herein granted easement and right of way, said strip to be in whole or in part on each side of said easement and right of way, said right to use said strip of land ceasing and being terminated at such time as sai initial construction is completed. Grantor shall not increase or decrease the ground surface elevation within the boundary of th45 1 above described easement and right of way after approved final grade is established and meet!?,,, Grantee's construction standards. Subsequent to the construction, the ground surface shall not b4i,"), penetrated to a depth in excess of 12 inches by any tool or implement, without having th underground facilities located and taking all necessary precautions to protect them. Grantor hereby agrees that these covenants are made for the above described real property which is the subject of this easement and right of way. Grantor hereby warrants and represents, and acknowledges Grantee's reliance upon said warranty and representation, that Grantor has good and sufficient title to the real property in order to grant said easement and right of way. In consideration of the mutual terms, covenants and conditions herein contained, this easement shall be binding upon and inure to benefit of any heirs, executors, administrators, permittees, licensees, agents, or assigns of Grantor and any successors and assigns of Grantee. in wit =ereof the ?Grantor has executed these presents this day of 2007. Town of ME 4,an Arizon nicipal corporation BY: t__r , AS: Director of Public Works Barbara F. Johnson I/ VERIFICATION STATE OF ARIZONA ) ss. COUNTY OF PIMA This instrument yja? acknowledged before me the ?ndersigned notary public, by Johnson this - Ad Y-4 day of 007, as Director of Public Works for Town of Marana. My Commission Expires: Barbra L. Bourne Notary Publk - Arizona Pima County My Commission Explr@s January 19,2011 Am TEP Work Request No. WR-1 3201 PCN No.: 99-1-103 Pima County APN: 216-40-012 Locus: 9355 W Lq 9 0 mbert Lane, Marana, AZ 85653 Barbara F. Staniec Consulfing Inc. 201 North Bonita Avenue Suite 101 Tucson AZ 85745-2999 Tel: (520) 750-7474 Fax: (520) 750-7470 stantec.com Stantec EXHIBIT B Description of a Proposed Electric Easement DESCRIPTION of a proposed electric easement over, under and across a portion of Lot A, per the final plat of Saguaro Springs, as recorded in Book 58 of Maps and Plats at Page 23 in the office of the Pima County Recorder, located in a portion of Section 18, Township 12 South, Range 12 East, Gila & Salt River Meridian, Town of Marana, Pima County, Arizona. Said easement being more fully described as follows: COMMENCING AT the Northwest corner of said Section 18 being a found 2"BCSM, from which the North One Quarter corner of said Section 18, being a found 3/4" iron pipe, bears North 89'47'51 " East a distance of 2525.55 feet; Thence along the north line of said section, North 89047'51" East a distance of 420.60 feet; Thence departing said line, South 00*12'09" East a distance of 75.00 feet to a point on the South Right of Way of Lambert Lane as found in Book 14, Page 63 of Road Maps, said point being the TRUE POINT OF BEGINNING; Thence continuing South 00012'09" East a distance of 15.00 feet; Thence South 89047'51 " West a distance of 15.00 feet to the East line of Lot A; Thence along the East line of Lot A North 00012'09" West a distance of 15.00 feet; Thence North 89047'51" East a distance of 15.00 feet the TRUE POINT OF BEGINNING. Said parcel containing an approximate area of 225 square feet or 0.01 acres of land, more or less. Disclaimer. Stantec Consulting accepts no liability for this description if it has been modified or reformatted in any way from its original format and content, or used for any purpose other than that for which it was originally intended. Prepared by Nathan L. Gardner, RLS 11-1111-1,161- Prepared on 11-11-05 Reprinted on 09-12-07 .4 'IS3766 0 Prepared for and on behalf of Stantec Consulting Inc. NA-'HAN L. L Project Number: 185621934 GARDNER November 11, 2005 WAresource\Q-Lega1\LEGAL DESCRIPTIONS\Saguaro Springs\DESCRIPTION Land TEP6(111105)1.doc ned Page I of 2 ONA ?3- EXHIBIT "B-111 POINT OF SEE DE TAIL "A" L=Jg.2J' R=25. 00,,/ ?k C) -------------- .!? -N- Q! 0) N89 *4 7'51 "E 420.60' POINT OF COMMENCEMENT Q-- Qz NW CORNER SEC. 18, T12S, R12E C' 2 ?0 SZ, C' 2 2 LINE TABLE LINE I LENGTH BEARING L6 15.00 SOO-12,09-F L7 15.00 S89-47'51'W L8 - - 15.00 SOO*12'09'E C 9 15.00 N89*47'51'E SCALE 1'?--100' T OF VNING 61' Lot 1 45,561 sq. ft. 202.61' z Q) Q) Q) DETAIL "A " SCALE 1`--50'1 POINT OF BEGINNING L9 r-i L September. 2007 185621935 JJ1. 08' ?t cr!l -Q) Qi Q) L6 Q? J05.78' Lot A 3, 569,455 sq. ft. THIS SITTM IS FOR EMBIT PURPOSES ONLY AND DOES Wr CONnTUrE A PROPERTY BOMARY SUM Client/Proied ILUL, %-,sUl RWIL11 I y SAGUARO RESERVE L.L.C., SAGUARO SPRINGS 201 North Bonita Ave T 12 S, R 12 E, SECTION 18 Tucson AZ U.S.A. PIMA COUNTY, ARIZONA Figure No. 85745 -2999 Tel. 520.750.7474 Time 1.0 RanteC Fax. 520.750.7470 Proposed T.E.P. Easement www.stantec.com PAGE 2 OF 2 Description Exhibit N89-47151T 420.657 - - - - - - - ---I - ? - - - , * - I 1.-? J05.78' j -,;1,1.5'.15' ELECMIC Lot A 5, 569,455 sq, ft 202.61' 15'xl5' ELECTRIC EA SEMEN T Lot 1 ' 4,3,561 sq. ft,,.,