Loading...
HomeMy WebLinkAboutRes 2006-56 r RESOLUTION NO. 2006-56 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, GRANTING A POWER EASEMENT TO SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That a power easement is hereby granted to Salt River Project Agricultural Improvement and Power District through, over, under and across the real property as described and depicted in Exhibit A, attached hereto 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, November 16, 2006. FOR THE TOW OF FOUNTAIN HILLS: ATTESTED TO: (Mr W. J. Nich s, ayor Bevelyn J. Ben r, wn Clerk REVIEW APPROVED AS TO FORM: (njYt: Timothy G. ickering, Town anager Andrew J. McGuire, Town Attorney C 691721.1 • EXHIBIT A TO RESOLUTION NO. 2006-56 [SRP Easement] See following pages. 691721.1 1 WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PAB350 P. O. Box 52025 Phoenix,Arizona 85072-2025 POWER DISTRIBUTION EASEMENT Maricopa County R/W#2441 Agt lda/CEI Parcel# 176-05-045A J b -6483 C THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation hereinafter called Grantor, for and in consideration of the sum of One Dollar, and other valuable consideration, receipt 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, its agents, employees, contractors and permittees and its and their respective successors and assigns, hereinafter called the Grantee, a non-exclusive easement in, upon, over, under, across, through and along the lands hereinafter described (such lands hereinafter described being sometimes referred to herein as the "Easement Parcel") • to construct, install, reconstruct, replace, remove, repair, operate and maintain underground electrical conductors, conduits, pipes, cables, vaults, pads, switching equipment, enclosures, manholes and transformers and all other appliances, appurtenances and fixtures (collectively "Facilities") for the transmission and distribution of electricity and for all other purposes connected therewith at such locations and elevations, in, upon, over, under, across, through and along the Easement Parcel as Grantee may now or hereafter deem convenient or necessary from time to time, together with the right of ingress and egress to, from, across and along the Grantor's Property. Grantee is hereby authorized to permit others to use the Easement Parcel for additional Facilities jointly with or separately from the Grantee for their purposes. The lands in, upon, over, under, across, through and along which this easement is granted are situated in the County of Maricopa, State of Arizona, and are more particularly described as: Grantor's Property: A parcel of land being a portion of FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 208 as recorded on November 30, 1971 in Book 144 of Maps, Page 4 of the records of Maricopa County, Arizona and as shown in the Affidavits of Correction recorded October 19, 1972 in Docket 9768, Page 659 and recorded May 30, 1974 in Docket 10676, Page 710, and situated in Section 15, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian and including Lots 11 through 29, part of Lot 10, the Northwest 1.00 foot of Lot 30, and part of Parcel "A" all in Block 1 of said Plat 208; and Lots 8 through 29, part of Lots 30 through 33, the Northwest 1.00 foot of Lot 7, and part of Parcel "B" all in Block 2 of said Plat 208: CP together with a portion of Stewart Vista Drive (formerly Cascade Avenue) as shown on said Plat 208, said parcel being more particularly described as follows: • COMMENCING at the intersection of El Lago Boulevard and La Montana Drive as shown on said Plat, thence North 20 degrees 38 minutes 08 seconds East along the centerline of La Montana Drive, a distance of 72.00 feet; thence South 69 degrees 21 minutes 52 seconds East a distance of 42.00 feet to the Easterly right of way line of said La Montana Drive, the POINT OF Num" BEGINNING; thence North 20 degrees 38 minutes 08 seconds East along the said Easterly right of way line a distance of 1092.00 feet to the beginning of a tangent curve concave Southerly and having a radius of 30.00 feet; thence departing La Montana Drive around the arc of said curve through a central Angle of 90 degrees 00 minutes 00 seconds an arc length of 47.12 feet to the Southerly right of way of Avenue Of The Fountains; thence South 69 degrees 21 minutes 52 seconds East along said Avenue, a distance of 481.00 feet; thence departing Avenue Of The Fountains, South 20 degrees 38 minutes 08 seconds West a distance of 1152.00 feet to the Northerly right of way of El Lago Boulevard; thence North 69 degrees 21 minutes 52 seconds West along said Boulevard, a distance of 481.00 feet to the beginning of a tangent curve concave Easterly and having a radius of 30.00 feet; thence departing El Lago Boulevard along the arc of said curve through a central angle of 90 degrees 00 minutes 00 seconds an arc length of 47.12 feet to the POINT OF BEGINNING; EXCEPT all minerals as reserved unto the United States of America in Patent of said land recorded February 28, 1956 in Docket 1839, page 426, records of Maricopa County, Arizona. EXCEPT all oil, gases and other hydrocarbon substances, coal, stone, metals, minerals, fossils and fertilizers of every name and description, together with all uranium, thorium, or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value. EXCEPT all underground water, in, under or flowing through said land and water rights appurtenant thereto. Easement Parcel: Said easement being 8.00 feet in width, lying 4.00 feet on each side of the centerline (Centerline Proposed 8' Electric Easement) as delineated/depicted on the attached EXHIBIT"A", including equipment pad areas, as prepared by Manhard Consulting, Ltd dated 11/14/2006, and by reference made a part hereof. 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. 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 operational area that extends 12.00 feet immediately in front of all transformer and other equipment openings. No obstruction, trees, shrubs, fixtures or permanent structures shall be placed within said areas. 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 well, store materials of any kind, or alter ground level �► by cut or fill,within the area of the Easement Parcel. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, the Easement Parcel whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. In the event Grantee records a document to formally abandon the easement granted herein, 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. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and shall be binding on the heirs, administrators, executors, personal representatives, legal representatives, successors (including successors in ownership and estate), assigns and lessees of the Grantor and Grantee. The individual executing this document represents and warrants: (i) that he or she is authorized to do so on behalf of Grantor; (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); and (iii) that the execution, delivery, and performance by Grantor of this document and all others relating to the easement will not constitute a default under any agreement to which Grantor is a party. The individual executing this document shall indemnify, defend and hold harmless Grantee for, from 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 document. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, has caused its name to be executed by its duly authorized representative(s) this A, day of 1 , 202. THE TOWN OF F I NTAIN HILLS, an Arizona icip., corporation By: Mayor Attest: Clerk 17.45/eAde- APP VED AS TO FORM: City ttomey for THE TOWN OF FOUNTAIN HILLS • STATE OF, ) ) ss. COUNTY OF ) On this { 7 r day of 4/01/E/176C(, 20 Ob , before me, the undersigned, personally appeared frnt.4 4 y/ ,vl Ci/OL.c5 and /3E-VEL yy A3 , the Mayor and Clerk of the THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, and such authorized representative acknowledged that this document was executed on behalf of the corporation for the purposes therein contained. My Commission Expires: AZ>Cillef plV4)E7 y/o?oo Not Public OFFICIAI SFAI kielgifN BUTLER, No ary Public-State of Arizona MARICOPACOUNTY N �rtl�1. ;_ °a�m..:'3 . 4's.: `�..empt 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). Approved Greg Moore,SRI',3/05-jcm S/Landforn✓/2kv Power Distribution Easement template Cimage - i _ i . , w .,41..- (3 . : �M•, _ PUBLIC WORKS `�. '' _ SITE PLAN W A. 10 t. VA xM / Y _.• * • t I . j jr �.. i tiAr._. . it - "R.: . LEGEND ' 1 ROW • . � etc , � CENTERLINE _. , , tear= EASEMENT . - la �, 1 • SA, + FOUNTAINS a. AVENUE OF THEt .� • P OPOSED I TOWN HALL ow . tr � 10' PUBLIC UTILITY 1 _ EASEMENT cc . ;I N p I ., r, r 1t.. ; EXISTING I (�j Z , �' .,.�'�EASEMENTS ITY .f. li �'•� � . \ I S Aa. = .., 0 so' IOU' r I',. 1011111111.1m111111M11= ° * i *, SCALE: 1's 100' 4;,. d Lam"," ��. a r +� • ail L•, % ~r,..r ' `�. t FOUNTAINFOUNTAINU.SO.S DATUM ♦. I 'y 1 , r FOUNTAIN LOCAL COCROINATE r"• 4/ // SYSTEM Iwo FLIGHT DATE 9/91 • / ,' AERIAL FLIGHT OAIE: 1/05 ' PIPP +'4111- : AERIAL ,. THIS INPW.YtAPIfCAL/IT FOR COMMUNITY CENTER it AL PLANNING PURPOSES, BUT SHOULD NOT BE USED i .;...d' FOR DESIGN.