HomeMy WebLinkAboutRes 2017-10RESOLUTION 2017-10
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, GRANTING A POWER DISTRIBUTION
EASEMENT TO SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT
AND POWER DISTRICT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. A power distribution easement is hereby granted to Salt River Project
Agricultural Improvement and Power District through, over, under and across certain real
property, generally located east of La Montana Drive, south of Avenue of the Fountains, in
substantially the form and substance attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execution all documents and to take all steps 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, April 6, 2017.
FOR THE TOWN OF FOUNTAIN HILLS:
4"eA N ralv-d-�
Lln a M. Kava' gh, Mayor
oun�=" E. "A -'t4,
Grady E. MK er, Town Manager
2932870.1
ATTESTED TO:
Bevelyn J. BenAdr T�Avn Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION 2017-10
[Power Distribution Easement]
See following pages.
2932870.1
WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Depailment/PAB348
P. 0. Box 52025
Phoenix, Arizona 85072-2025
EXEMPT PURSUANT TO
A.R.S. §§ 11-1134(A)(2) and (A)(3)
POWER DISTRIBUTION EASEMENT
Maricopa County Agt. dh
Parcel # 176-05-045A Job # T2170949/LJ65009
SEI/4, Sec. 15, T3N, R6E VV C n- • I 7
THE TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation,
hereinafter called Grantor, for and in consideration of the sum of Ten Dollars, and other valuable
consideration, receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey to
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an
agricultural improvement district organized and existing under the laws of the State of Arizona, hereinafter
called Grantee, and Grantee's employees, contractors, licensees, invitees, successors and assigns, a non-
exclusive easement to construct, install, reconstruct, replace, remove, repair, operate and maintain
underground electrical conduits and conductors, pipes, cables, switching equipment, transformers, pad -
mounted equipment, enclosures, manholes, vaults, and all other appliances, appurtenances and fixtures
(collectively, "Facilities") for the transmission and distribution of electricity, communication signals and
data, and for all other purposes connected therewith at such locations and elevations, in, upon, over, under,
across, through and along the Easement Parcel (defined below), as Grantee may now or hereafter deem
convenient or necessary from time to time, together with the right of access to and from the Easement Parcel,
over, across, through and along Grantor's Property (defined below) (collectively, the "Easement"). Grantee is
hereby authorized to permit others to use the Easement for additional Facilities jointly with or separately
fiom the Grantee for their purposes.
The lands in, upon, over, under, across, through and along which the Easement is granted are situated
in the County of Maricopa, State of Al izona, and are more particularly described as:
Grantor's Pi-operty:
A portion of the Southeast quarter of Section 15, Township 3 North, Range 6 East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described in that
certain Special Warranty Deed, recorded in Instrument Number 1997-0300068, records of Maricopa
County, Arizona.
Easement Paz -cel:
See Exhibit "A" attached hereto and by its reference made a part hereof.
CAUTI®N: Facilities placed within the Easement Parcel may contain high voltage electrical equipment.
Notice is hereby given that the location of underground electrical conductors or facilities must be verified
as required by Arizona Revised Statutes, Section 40-360.21, et seq., Arizona Blue Stake Law, prior to any
excavation.
The Easement is governed by the following terms and conditions:
1. Modification of Easement Parcel. Grantor acknowledges that field conditions may result in the
Facilities being installed within Grantor's Property in a location that is not within the Easement Parcel.
Grantee shall obtain Grantor's prior written consent to any construction or installation of all or any portion of
the Facilities outside of the Easement Parcel. After the completion of any construction or installation outside
of the Easement Parcel and receipt of Grantor's written consent, Grantor and. Grantee shall execute, and
cause the recordation of an amendment to this Easement, modifying the legal description of the Easement
Parcel to reflect the actual location of the Facilities, and such revised legal description shall have the same
force and effect, and create the same priority of interest, as if recorded concurrently with this instrument.
Grantor agrees that its signature on the above-described amendment constitutes its written consent hereunder.
2. Prohibited Activities. Grantor shall not construct, install or place, or permit to be constructed,
installed or placed, any building or other structure, plant any trees, drill any wells, store materials of any kind,
or alter the ground level, within the Easement Parcel. This paragraph 2 does not prohibit the use of the
Easement Parcel for such purposes as landscaping (except trees), paved parking, sidewalks and/or driveways,
provided that such use is otherwise in accordance with the terns of this Easement, and does not interfere with
the efficient operation and maintenance of the Facilities, including access thereto. Further, Grantor may
request Grantee's prior written approval to grade or install improvements ("Work") within the Easement
Parcel by submitting all construction, grading, or other development pians, as applicable, describing the
proposed work, Grantee may grant or deny such approval through the exercise of Grantee's sole discretion,
provided that Grantee's review and right to approve shall be limited to whether the proposed Work conflicts
with the existing Facilities, including access thereto. Any such approval is hereby subject to Grantor
complying with all other provisions of this Easement.
3. Clear Areas. Grantor shall maintain a clear area that extends 3.00 feet from and around all edges of
all transformer pads and other equipment pads, and a clear area that extends 12.00 feet immediately in front
of all transformer and other equipment openings ("Clear Areas"). No improvements, fixtures, trees, shrubs,
or other obstructions shall be placed within the Clear Areas. Grantee shall have the right (but not the
obligation) to remove any obstructions within the Clear Areas.
4. Additional Grantee Rights. Grantee shall have the right (but not the obligation) to trim, cut and clear
away trees, brush or other vegetation on, or which encroaches into, the Easement Parcel or the Clear Areas,
whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein
granted. Grantee shall further have the right to install, maintain and use gates in all fences or walls which
now cross or hereafter cross the Easement Parcel.
S. Perpetual Nature of Easement. The Easement, and Grantee's rights hereunder, shall be perpetual, and
shall not terminate until, and unless abandoned through the recordation of a document formally abandoning
the Easement, which references this instrument and is executed and acknowledged by Grantee. Upon such
recordation, all Grantee's rights hereunder shall cease, except the right to remove any and all property placed
upon the Easement Parcel within a reasonable time subsequent to such abandonment.
6. Successors and Assigns. The benefits and burdens, and the covenants and agreements herein set
forth shall run with and burden the land and shall extend and inure in favor and to the benefit of, and shall be
binding on Grantor and Grantee and their successors and assigns.
7. Rights and Remedies Cumulative. The rights and remedies hereunder are cumulative, and the
exercise of any one or more of such rights or remedies shall not preclude the exercise, at the same or different
times, of any other right or remedy available.
8. warranty. of Title. Grantor represents and warrants that: (i) fee simple title to the Grantor's Property
and Easement Parcel is vested in Grantor, and (ii) Grantor has frill power and authority to grant the Easement
and to perform its obligations under this document.
9. Authority to Bind Grantor. The individual executing this document represents and warrants: (i) that
he or she is authorized to do so on behalf of Grantor, and (ii) that he or she has full legal power and authority
to bind Grantor in accordance with the terms herein and, if necessary, has obtained all required consents or
delegations of such power and authority (whether from any partner, owner, spouse, shareholder, director,
member, manager, creditor, investor, developer, governmental authority, judicial or administrative body,
association, or other person or entity). The individual executing this document shall indemnify, defend and
hold harmless Grantee for, fish and against any and all losses, costs, expenses, liabilities, claims, demands,
and actions of any kind or nature, including court costs and attorneys' fees, arising or accruing as a result of
the falsity of any of his or her representations and warranties contained in this paragraph 9.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, THE TOWN OF FOUNTAIN HILLS, an Arizona municipal coiporation,
has caused its naxne to be executed by its duly authorized representative(s), this �p _ day of
2017.
THE TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
By �.. ��-
Its
Ey
Its
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of > 2017 by
&rad N� � w and L -i tLV(A Kala n ag �.
as "T"vW✓►A n a -t e -e- and br , respectively, of THE TOWN OF
FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of such municipal co or tion.
P a4�
Notary Public
My Commission Expires:
PAULA L OODWARD
Notary Pd* -State dAft=
MARICOPA COUNTY
My comm 1
Notary Stamp/Seal
Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required
under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections 11-
1134(A)(2) and (A)(3).
Legal Approved Form-7-1-2014—mem
EXHIBIT
THUNDERBIRD ROAD (ALIGNMENT)
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CACTUS ROAD (ALIGNMENT)
VICINITY MAP (NTS)
T3N R6E
G&SRM
ABBREVIATION TABLE
APN
ASSESSOR'S PARCEL NUMBER
LVI
LATEST VISUAL INSPECTION
MCR
MARICOPA COUNTY RECORDER
NTS
NOT TO SCALE
GLO
GENERAL LAND OFFICE
(M)
MEASURED
" A
LEGEND
— - -- - -- - -- - -- SECTION AND CENTERLINE
PROPERTY LINE
® CENTERLINE OF 8' EASEMENT
SECTION CORNER AS NOTED
EQUIPMENT PAD - 8.00'x 8.00'
(� UNLESS OTHERWISE NOTED
ARE PART OF THE EASEMENT
4 hool
4®253
KATIE
GORE HAM �..
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seen �-
��� IAo u.s.
REGISTRATION
EXPIRES: 09®30-17
UNDERGROUND ELECTRIC POWER LINE RIGHT-OF-WAY MARICOPA COUNTY, ARIZONA
CAUT I ON
THE EASEMENT LOCATION AS HEREON DELINEATED MAY CONTAIN HIGH VOLTAGE ELECTRICAL EQUIPMENT, NOTICE
IS HEREBY GIVEN THAT THE LOCATION OF UNDERGROUND ELECTRICAL CONDUCTORS OR FACILITIES MUST BE
VERIFIED AS REQUIRED BY ARIZONA REVISED STATUTES, SECTION 40-380.21, ET. SEQ., ARIZONA BLUE STAKE
LAW, PRIOR TO ANY EXCAVATION.
NOTES
THIS EXHIBIT IS INTENDED TO ACCOMPANY AN EASEMENT. ALL ALL ELECTRIC LINES SHOWN ARE MEASURED
PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND TO THE WINDOW OF THE EQUIPMENT PAD
NO ATTEMPT HAS BEEN MAGE TO VERIFY THE LOCATION OF ANY UNLESS OTHERWISE NOTED.
BOUNDARIES SHOWN. THIS IS NOT AN ARIZONA BOUNDARY SURVEY.
SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
SRP JOB NUMBER: 16 -0567 --NC SCALE: NTS
AMP W/O NUMBER: T2170949 SHEET: 1 OF 3
AGENT : D HANDKE J -P,5 2 • /6 .17 SHEET SIZE: 8.5 "x11 "
DRAWN: MIKE POLLOCK REVISION: 0
CHECKED BY: CwgENA e" CREW CHIEF: K GENTNER
DATE: 02-14-17 FIELD DATE: 01-10-17
°D°Ao SURVEY DIVISION
t—'DLAND DEPARTMENT
PARK PLACE — RELOCATE
SE 9/4o SECTION 15
T, 3 No gRe 6 E.
33 15/16 EAST -15 7/16 NORTH
N
NORTH
EXHIBIT "A
4�FN1!
T
_� r
L1
N69021'52"W
13.00'
L2
N640 39' 18 "W
6445.50'
L3
I N890 51 ' 58 "E 1
5275.33'
SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
SRP JOB NUMBER: 16 -0567 -NC SCALE: NTS
AMP W/0 NUMBER: T2170949 SHEET: 2 OF 3
AGENT: D HANDKE ,'72S -Z •/G . /? SHEET SIZE: 8.5 "x11 "
DRAWN: MIKE POLLOCK REVISION: 0
CHECKED BY: Cq®gevvirn CREW CHIEF: K GENTNER
DATE: 02-14-17 FIELD DATE: 01-10-17
SURVEY DIVISION
a LAND DEPARTMENT
14
PARK PLACE — RELOCATE
SE 1/4, SECTION 15
Tai No gRo 6 E.
33 15/16 EAST -15 7/16 NORTH
AN EASEMENT, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6
EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING 8,00 FEET IN
WIDTH LYING 4.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 6 EAST,
BEING A GLO CAP, FROM WHICH THE SOUTHWEST CORNER OF SECTION 18+ TOWNSHIP 3 NORTH,
RANGE 7 EAST, BEING A GLO CAP, BEARS NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE
OF 5275.33 FEET (BASIS OF BEARING);
THENCE NORTH 64 DEGREES 39 MINUTES 18 SECONDS WEST, A DISTANCE OF 6445.50 FEET TO THE NORTHEAST
CORNER OF A PARCEL OF LAND AS DESCRIBED IN THAT SPECIAL WARRANTY DEED PER DOCUMENT 1997-0300068
MARICOPA COUNTY RECORDER (M.C.R.);
THENCE SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, A DISTANCE OF 169.00 FEET ALONG SAID PARCEL
TO THE POINT OF BEGINNING;
THENCE NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST, A DISTANCE OF 13.00 FEET TO A POINT IN
AN EQUIPMENT PAD BEING 8,00 FEET BY 8.00 FEET AND BEING PART OF THIS EASEMENT AND THE POINT OF
TERMINUS.
SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT & POWER
SRP JOB NUMBER: 16 -0567 -NC SCALE:
AMP W/O NUMBER: T2170949 SHEET:
AGENT: D HANDKE :'W ;Z -!6 •/7 SHEET SIZE:
DRAWN: MIKE POLLOCK REVISION:
CHECKED BY: 4 ogCo�wtn rn CREW CHIEFS
DATE: 02-14-17 FIELD DATE :
d°°ao SURVEY DIVISION
DISTRICT �[�Jf LAND DEPARTMENT
3TOF 3 PARK PLACE —RELOCATE
8.5"x11" SE 1/49 SECTION 15
0 Toa NoqR96 Eo
K GENTNER 33 15/16 EAST -1 5 7/16 NORTH
01-10-17