HomeMy WebLinkAboutRes 2007-40 RESOLUTION NO. 2007-40
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. That a non-exclusive power distribution easement is hereby granted to Salt
River Project Agricultural Improvement and Power District through, over, under and across +
0.16 acres of real property, being the westerly 10' of Lot 9, Block 1, of Plat 302 (also known as
Desert Vista Park, and lying adjacent to the Tower Drive right-of-way), 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,
August 16, 2007.
FOR THE TOW/ OF FOUNTAIN HILLS: ATTESTED TO:
W. J.Nic s ls, Bevelyn J. nd , Town Clerk
RE it D Y: APP OVED AS TO FORM:
jutiO
Timothy G. Pickering, Town M. ager Andrew J. McGuire, Town Attorney
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755259.1
EXHIBIT A
TO
RESOLUTION NO. 2007-40
[Power Distribution Easement]
See following pages.
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755259.1
WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB400
P. O. Box 52025
Phoenix, Arizona 85072-2025
POWER DISTRIBUTION EASEMENT
Maricopa County R/W # 1199B Agt. WLG
Parcel# 176-08-449 Job # KEB-6849
NE 'A, SEC. 23 T3N, R6E W W L f C
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 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:
Lot 9,Block 1, FOUNTAIN HILLS, ARIZONA FINAL PLAT NO. 302, according to Book 156
of Maps,Page 45, records of Maricopa County, Arizona.
Easement Parcel:
Said easement being the Westerly 10.00 feet of the above described Grantor's Property.
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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 wan-anties contained in this
document.
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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
/(v, day of . c r,t4)- ,,74107 .
TOWN OF FOUNT
a municipal oration of the State of rizona, •
By
Its
Br Alii
-its A'1
STATE OF �L,,,.,1�'_ > )
l N ) ss
COUNTY OF ,..4 , ,.` ,, )
The foregoing instrumen was acknowledged before me this /7 day of 4IIIII ',
JO''Tj by T•c.4si and I.
, as
''" ;/, -- and , respectively, of TOWN OF
FOUNTAIN LL`41. municipal corporation of the State of Arizona, on behalf of such entity.
My Commi ion E pires:
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AL''''Ci te4**444t7&-- !
otary1 blic
5
z r .r.
r OFFICIAL SEAL
1 JANE E. ROBINSON'
'ld j,; Notary Public-State of Arizona '
% MApICOPA COUNTY �,
Notary Stamp/Seal a My oomm.axpiroa Jan,an,200e ' '
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).
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From: riobuttel@aol.com [mailto:riobuttel@aol.com]
Sent: Tuesday, July 17, 2007 9:25 AM
To: tward@fh.az.gov
Cc: wnichols@fh.az.gov
Subject:
Hello Mr Ward,
I have reviewed the Town Agenda Action Form for consent of abandoning the Town's interest in the existent
Public Utility Easement. It mentioned also abandonment of Drainage. I do not believe that I will be needing a
drainage abandonment. Second my lot doesn't not lie adjacent to Hesperus Wash, there is a strip of city land
about 40 feet between me and the wash which is owned by the Town. It is not my role to determine flood
Delineation. This was done long before I purchased this property as it was an approved housing development
and the flood zone was established by the county or state and lies outside of my property. I have verified this
with the state flood people. They have told me the a pool would be allowed in a flood zone area. If there is a
concern of a flood and its effects on the embankment it is the Towns concern not mine. It is Town property that
will be effected not mind.
Also it would be discriminating of the Town to insist that I should have to complete the Flood study to get a
permit for my pool and fence when both my neighbors to each side of me have had recent abandonment of their
Utility Easement for a pool and additions made to their property. They were not subjected to this outlandish
mquest and I feel I have been singled out by Mr. Farrel. If their was a flood big enough to get to my property
any others along this wash would be effected including many homes below in Fountain HIlls. This is not fair
to ask me to pay for something that is not my responsibility, but is the towns. Mr Farrel is not being reasonable
in his demands and I do not approve and will be addressing this ridicules request with the Town Council and do
believe that you both should be there for questions.
I will also not give up anything for this request as indicated by Mr Harrel's demands of a 10 by 10 foot
easement in the front of the property. There is already an easement provide for utilities where Mr. Harrel's
requests. This has nothing to do with my fence in the back or the pool. I believe this is a regulatory taking and
extortion of my rights as a resident of Fountain Hills and a citizen of the United States.
I would like to appear before the Town Council to express my complaints with your departments decisions.
Please give me the details as to any forms I must fill out before the Town Meeting? Please email me aresponse
to the concerns above. I insist that I get my easment abandoment with out any further demands. I beleive the the
Town Council will not go along with your departments demands...and if so I will then consider a law suit againt
the town.
Sincerely
Scott Boyd.
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