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Home My WebLink AboutRes 2008-40G f., RESOLUTION NO. 200840 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ACCEPTING A TRAFFIC SIGNAL EASEMENT FROM GUENTHER E. AND MONIKA HERPFER. 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 Sunridge Drive, is hereby accepted by the Town of Fountain Hills (the "Town ") from Guenther E. and Monika Herpfer for use as a traffic signal easement, in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the 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, Arizona, October 16, 2008. FOR THE TOWN OF FOUNTAIN HILLS: rd(:� J T. hlum, Mayor REVIEWED BY: Richard L. Davis, Town Manager 908593.1 ATTESTED TO: AS TO FORM: J. McGuire, Town Attorney f' 41W Ar k,; 908593.1 EXHIBIT A TO RESOLUTION NO. 2008 -40 [Traffic Signal Easement Agreement] See following pages. Co� When Recorded Mail To: Town Clerk Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 TRAFFIC SIGNAL EASEMENT GRANTORS: Guenther E. Herpfer and Monika Herpfer GRANTEE: Town of Fountain Hills, an Arizona municipal corporation (the "Town ") THIS TRAFFIC SIGNAL EASEMENT AGREEMENT (this "Agreement') is entered into $EpT 2.2- 2008, by and between the Town and Grantors for the purposes set forth below. RECITALS A. Grantors are the record owners of certain real property at the location described and depicted on Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Area "). B. The Town and Grantors desire to enter into this Agreement for Grantors to grant to the Town a continuous and perpetual easement (the "Easement") over the Easement Area, for purposes of installing, operating, inspecting, maintaining, repairing, replacing or removing traffic control signs /signals and all appurtenances thereto (the "Facilities ") as is more particularly described herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference and the mutual covenants set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Grant of Easement. Grantors hereby grant and convey to the Town a traffic signal easement for the installation, operation, inspection, maintenance, repair, replacement or removal of the Facilities within such Easement. 2. Maintenance of the Easement. Grantors shall not maintain the Easement Area in a manner that impairs the ability or capacity of the Town to fully utilize the Easement. a. Grantors shall not install or construct, or authorize to be installed or constructed, any building, structure, utility or other facility, nor shall Grantors drill any well, f 774887.1 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 the Town. b. The Town shall restore or cause to be restored the Easement Area to substantially the same condition as practical in the event the Facilities require maintenance, repair, replacement and/or removal for whatever reason. 3. Indemnification. a. Town shall indemnify and hold Grantors harmless from any and all damages, costs, expenses, attorney fees, claims or liabilities arising from or relating to the use of the Easement Area by Town, its successors in interest, assigns, agents, employees, visitors or invitees. b. Town represents and warrants that it will maintain the Easement Area free and clear from any liens or encumbrances of any nature whatsoever in connection with Town's construction of improvements on the Easement Area or the use by Town of the Easement Area. 4. 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. 5. Attorneys' Fees. Either party may enforce this instrument 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. 6. Additional Easements. Nothing contained in this Agreement shall prohibit Grantors 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 government or quasi- governmental agencies; provided however, that no such additional rights or easements shall impair the Town's use of the Easement herein granted. 7. Entire Agreement. This instrument contains the entire agreement between the parties relating to Town's use of the Easement Area for traffic signal purposes. Any oral representations or modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the parties. 8. Cancellation by Town. This Agreement may be cancelled by the Town pursuant to ARIZ. RE-v. STAT. § 38 -511. 774887.1 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Grantors" rg 11 e .' ��/Ti� 1]488].1 ACCEPTED BY: "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation By: Jay T. Schlum, Mayor ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENTS) STATE OF ARIZONA ) ) ss. COUNTY OF �*RIC- DP°/� ) This instrument was acknowledged before me on 2008, by Guenther E. Herpfer. FFICIAL SEAL BUTLER Public • State of Arizona #K:ATHLEEN RICOPA COUNTY m expires dune 14, Boos Notary ublic in and for the State of Arizona ission xpires: &Z/ V/69 /C.- STATE OF ARIZONA ) ) ss. COUNTY OF ) This instrument was acknowledged before me on S'�� %�/��=/� .Z �, 2008, by Monika Herpfer. OFFICIAL SEAL KATHLEEN BUTLER Notary Public • Slate of Arizona MARICOPA COUNTY lemy COMM expires durte 14; Bees Notary P blic in and for the State of Arizona My Commission xplres: STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2008, by Jay T. Schlum, the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. My Commission Expires: 774887.1 4 Notary Public in and for the State of Arizona EXHIBIT A [Legal description and map of Easement Area] See following pages. 774887.1 TOWN OF FOUNTAIN HILLS NEW TRAFFIC SIGNAL EASEMENT ACQUISITION EXHIBIT "A" PLAT 606 AMENDED, LOT 66 & TRACT A LOT -65 '\ , �. �j��j'\�`�., TRACT .. / Alp, t SIERRA NORTE { Wd V, / � O ) LOT -66 THE VILLAS AT 1 % my /0) g' COPPERWYND LOT 3 / 4 % Q - LOT -67 191.68 N76y5,20" N83'00�10 "E W 583'00'10 "W135.34 NEW TRAFFIC SIGNAL PLAT 606A EASEMENT r �E. TRACT —A N.P.E. & D.E. J N S88'53'54 "W 107.07' r� }• >r �9 ?29.jCSt. ^ G s �4o a�.►,_� p 0 40' 80' I ; O SCALE: 1' a 80' DATE: 10 -24 -2007 1 LOT -16 �` Legal Description A Traffic Signal Easement located at the westerly 3' of Lot 66 of Fountain Hills Plat 606 -A (Book 428, Page 50, MCR 96- 0827095), lying in the SE 114 of Section I7, T3N, R6E, G &SRB &M.