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HomeMy WebLinkAboutRes 2008-281116 N RESOLUTION NO. 2008-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ACCEPTING A SIDEWALK AND TRAFFIC SIGNAL EASEMENT FROM MERIDIAN BANK, NATIONAL ASSOCIATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That certain real property, generally located along Palisades Boulevard, at La Montana Drive, is hereby accepted by the Town of Fountain Hills (the "Town ") from Meridian Bank, National Association for use as a sidewalk and traffic signal easement, in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Interim Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and to execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 5, 2008. FOR THE TOWN OF FOUNTAIN HILLS: J . Schlum, Mayor REVIEWED BY: Kathleen M. Zanon, Interim Town Manager 870436.1 ATTESTED TO: APPROVED AS TO FORM: (3 r Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION NO. 2008-28 [Sidewalk and Traffic Signal Easement Agreement] See following pages. 870436.1 G When Recorded Mail to: Town Clerk Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Case # 52008 -02 Property Location: 16605 E. Palisades Boulevard, Fountain Hills, AZ 85268 (APN #176 -05 -001 Z, APN # 176 -05 -001 W, APN #176 -05 -854, APN # 176 -05 -855 C, APN # 176 -05 -855 D) SIDEWALK AND TRAFFIC SIGNAL EASEMENT AGREEMENT GRANTOR: Meridian Bank, National Association, successor in interest to Community Bank of Arizona ( "Grantor ") GRANTEE: Town of Fountain Hills, an Arizona municipal corporation ( "Town ") THIS SIDEWALK NN P TRAFFIC SIGNAL EASEMENT AGREEMENT (this "Agreement") is entered into t (— , 2008, by and between Town and Grantor for the purposes set forth below. RECITALS Town and Grantor desire to enter into this Agreement for Grantor to grant to Town a non- exclusive, continuous and perpetual easement (the "Easement') at the location described and depicted in Exhibit A attached hereto and incorporated herein by this reference (the 'Basement Area ") for purposes of installing, operating, inspecting, maintaining, repairing, replacing, or removing a sidewalk and all conduit, power lines and other equipment necessary to operate a traffic signal (collectively, the "Facilities ") as more particularly described herein. The Easement will be located on real property described in Exhibit B attached hereto and incorporated herein by this reference (the "Property"). Subject to all matters of record, Grantor is the record owner of the Property. AGREEMENT NOW THEREFORE, Grantor does hereby grant to Town, its successors and assigns, the Easement over the Easement Area on the following terms and conditions: 1. Grant of Easement. Grantor hereby grants and conveys to Town, its successors and assigns, the non - exclusive, continuous and perpetual easement through, over, under, upon, in, across and along the Easement Area for the benefit of Town, its successors, assigns, heirs, executors or personal representatives, tenants, lessees, guests, invitees, or the guests or invitees of the tenants, for the purpose of installing, operating, inspecting, maintaining, repairing, GALegalWederson Group\Fountain Hills Plaza \Easements \Sidewalk Easement \041808 Final Sidewalk Easement.dm replacing, or removing the Facilities in the Easement Area. All conduit, power lines and other equipment (to the extent feasible for the operation of the traffic signal) shall be installed underground. 2. Maintenance of the Easement Area. Grantor shall not maintain the Easement Area in a manner that impairs the ability or capacity of Town to fully utilize the Easement. 2.1 Grantor shall not install or construct, or permit to be installed or constructed, any building, structure, utility or other facility, nor shall Grantor drill any well, plant any trees, store materials of any kind, or alter ground level by cut or fill, within the limits of the Easement Area, without the prior written consent of Town. Notwithstanding the foregoing, Grantor shall have the right to plant and maintain landscaping materials (excluding trees) within the Easement Area without the consent of Town. 2.2 Town shall have the right but not the obligation to trim, cut or remove brush and other vegetation on the Easement Area that obstruct or hinder access to the Easement Area, and whenever in the Town's judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. 2.3 Town shall restore or cause to be restored the Easement Area and any permitted improvements or landscaping materials thereon to substantially the same condition as practical in the event the Facilities require maintenance, repair, replacement and /or removal for whatever reason. 3. Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the assigns and successors and tenants of the parties hereto. 4. Attorneys' Fees. Either party may enforce this Agreement by appropriate legal action and the prevailing party in such litigation may recover as part of its costs in such action reasonable attorneys' fees and court costs. 5. Additional Easements. Nothing contained in this Agreement shall prohibit Grantor from conveying additional easements for access, utility or other purposes through, over, under, upon, in, across and along the Easement Area to the owners of properties which abut the Easement Area or to governmental or quasi - governmental agencies; provided, however, that no such additional rights or easements shall impair Town's use of the Easement herein granted. 6. Entire Agreement. This Agreement contains the entire agreement between the parties relating to Town's use of the Easement Area for the purposes described herein. Any oral representations or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing, signed by the parties. 7. Cancellation by Town. This Agreement may be cancelled by Town to the extent permitted by Arizona Revised Statutes § 38 -511. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. "GRANTOR" Meridian Bank, National Association, successor in interest to Community Bank of Arizona By: \ Name• Ti : fir. V P. (ACKNOWLEDGEMENT) STATE OF � Z p3B) M ) ss. COUNTY OFN 1 R t Gtr This instrument was acknowledged `b`e�fore me on U /a, , 2008, by ( SCOTT P Lk B t E , as S{Z . V . P. of Meridian Bank, National �+ Association, successor in interest to Community Bank of Arizona, on behalf of the bank. NotaV Public in and for the State of Arizona My Commission Expires: OFFICIAL SEAL MONICA ONICA C. STARCK Public - State of Arizona MARiCOPA COUNTY comm. expires June 23, 2010 C� L ACCEPTED BY: fiYCGIAT RI i Town of Fountain Hills, an Arizona municipal corporation By: O " Title: AAvalr-- ATTEST: .N / //i�� /ice (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA) This instrument was acknowledged before me on aAlE , 2008, by TA 7 5e9L[Irr( the M it -/o A of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. My Commission Expires: L fJ Notary Public in and for the State of Arizona mm EAL BUTLER e of Ariza� OUNN une 19, 2008 EXHIBIT A Depiction and Legal Description of Easement Area h.,4Z -0£-60 so, 000 L-9tL (Z09) OZO99 VNOM:JV 'XIN3OHd 02 311 nS '13MJiS H19 L HDJON 09ZL S31VIOOSSV NOSSIO 'SS31 X10 31:10H 'S3:10d 6V0'0 �10133d 32lvnOS LiWZ SNIViNOO -130"1dd aldS 'JNINNIJ39 JO 1NIOd 3Hi 01133J 00'0 L d0 30Nd1Sla V'3,.LL.8£oOZN 30N3H1 -1334 00't K 30 3ONd1Sla V 'M„ Lt,, LZo69N 3ON3Hi .a,9 k9 Lo6t JO 31JN`d IV dIN30 V HJnOI:IH1 '1S3MH1nOS 3H1 01 3AVONOO ON139 '3Auno albS AO 0Ud 3Hl JNOIV 1333 Ot"tF£ AIU31S3MHi2JON JNInNI1NOO 30N3H1 !..9C.Ct,,Ot, d0 3-1JNb -IV"81N30 d HonOUHl'1S3M 3H101 3AVONOO JN139 '3AunO aldS d0 OW 3Hi JNOIV J33=1 £t,'8Z AIU3HI�ION 30N3H1 1333 00'0t? d0 30Nd1Sla d M„6t,. 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