HomeMy WebLinkAboutRes 2018-09Resolution No. 2018-09
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, in the form attached hereto as
Exhibit A and incorporated herein by reference, is hereby granted to Salt River Project
Agricultural Improvement and Power District through, over, under and across and along
property depicted and described in Exhibit A.
SECTION 2. 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,
Maricopa County, Arizona, this 16th day of January, 2018.
FOR THE TOWN OF FOUNTAIN HILLS
moi' ��-
REVIEWED BY:
Grady E. Mil own Manager
ATTESTED TO:
APPROVED AS TO FORM:
Fredd . Bisman
Dickinson Wright PLLC
Town Attorney
Page I of 2
Exhibit A
Power Distribution Easement
Page 2 of 2
WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB350
P. O. 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. JMM
Parcel # 176-01-423 Job # T2085715 / LJ62784
NE 1/4, SEC. 15, T03N, R06E WC 12•t 1-1
TOWN OF FOUNTAIN HILLS,
a municipal corporation of the State of Arizona,
hereinafter called Grantor, for and in consideration of the sum of One Dollar, and other valuable
consideration, receipt and sufficiency of which are 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, and its
successors and assigns, hereinafter called Grantee, for use by Grantee and Grantee's employees, contractors,
licensees, and invitees, 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").
The lands in, upon, over, under, across, through and along which the Easement is granted are situated
in the County of Maricopa, State of Arizona, and are more particularly described as:
Grantor's Property:
Lot 7 Block 1, Fountain Hills Arizona, Final Plat 103 according to the plat of record in the office
of the County Recorder of Maricopa County, Arizona in Book 149 of Maps, page 3 as described
in Sp[ecial Warranty Deed Dkt. 1411 page 943 records of Maricopa County, Arizona.
Easement Parcel:
Said easement being a strip of land 8.00 feet in width, lying 4.00 feet on each side of the line
described as "CENTERLINE OF 8' EASEMENT" delineated on Exhibit "A" (CAB UE PCR
AVENUE OF THE FOUNTAINS, SRP AMP #T2085715, prepared by Salt River Project A.I. &
Power District, dated 10-13 -16), said Exhibit "A" attached hereto and made a part hereof.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
CAUTION: 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.
After the completion of any construction or installation outside of the Easement Parcel, Grantee shall obtain
Grantor's agreement with and execution of an amendment to this Easement modifying the legal description
of the Easement Parcel to reflect the actual location of the Facilities (the "Amendment"). Upon the
recordation of the Amendment, 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 may consent
to the execution and recordation of the Amendment through the exercise of its sole discretion.
2. Prohibited Activities. Grantor shall not, whether directly or indirectly by granting permission,
construct, install or place 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 terms of this Easement, and does not
interfere with the efficient operation and maintenance of the Facilities, including access thereto. To obtain
clarification as to whether or not a particular construction activity is prohibited by the first sentence of this
paragraph 2, 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 plans,
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 and dry 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. Grantor shall provide openings in all
fences or walls which now cross or hereafter cross the Easement Parcel so that Grantee may access the
Facilities. Grantee shall further have the right to maintain and use gates in all such openings.
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.
5. 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 acknowledge 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. Restoration. If Grantee performs excavation activities on the Easement Parcel and Grantee
damages any improvements of Grantor that are in compliance with Grantor's requirements hereunder,
including without limitation the requirements set forth in paragraphs 2 and 3 above, Grantee will
promptly repair such damage as is reasonably possible at the expense of Grantee.
9. Private Use. The provisions of this Easement Agreement are not intended to and do not constitute
a grant, dedication, or conveyance for public use of the Easement Parcel. The rights herein created are
private and for the benefit only of Grantor and Grantee and their successors and assigns.
10. 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 full power and authority to grant the Easement
and to perform its obligations under this document.
11. 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.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, TOWN OF FOUNTAIN HILLS, a municipal corporation of the State of
Arizona, has caused its name to be executed by its duly authorized representative(s), this 16 day of
January , 2018 .
TOWN OF FOUNTAIN HILLS,
a municipal corporation of the State of Arizona,
By
Its Linda M. Kavanagh, Mayor
By .
Its Grady E. MilleUT wn Manager
STATE OF ()-L--t Z.C11 Cv )
ss
COUNTY OF
The foregoing instrument was acknowledged before me this lull, day o C , 9DI b by
Linda M. Kavanagh and Grady E. Miller , as
Mayor and Town Manager , respectively, of TOWN OF FOUNTAIN
HILLS, a municipal corporation of the State o Arizona, on behalf of such Ccorporation.
My Commission Expires:
i
Notary Public
o�HtS,, JENNIFER LYONS
Notary Public,State of Arizona
Maricopa County
My Commission Expires
`iw3 • April 09, 2019
Stamp/Seal
Legal Approved Form_02-08-2017_mcm
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