HomeMy WebLinkAboutRes 2009-41 Li
RESOLUTION NO.2009-41
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 along Desert Vista Drive, south of Tioga Drive, 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,
December 17, 2009.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
ri---
. Schlum, Mayor Bevelyn J. Be er, wn Clerk
REVIEWED BY: APPROVED AS TO FORM:
gQ0444 OitijdAi
Richard L. Davis,Town Manager Andrew J. McGuire, Town Attorney
1146687.1
EXHIBIT A
TO
RESOLUTION NO. 2009-41
[Power Distribution Easement Agreement]
See following pages.
1146687.1
WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB350
P. O. Box 52025
Phoenix, Arizona 85072-2025
POWER DISTRIBUTION EASEMENT
Maricopa County Agt. PKF
Parcel# 176-08-449A Job# KEB-7347 ��
NE4 of Sec.23,T3N,R6E W r C p
TOWN OF FOUNTAIN HILLS, I,
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 of Block 1, FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 302, recorded in Book 156
of Maps,page 45, records of Maricopa County, Arizona.
Easement Parcel:
Said easement being 8.00 feet in width, lying 4.00 feet on each side of the centerline
(CENTERLINE OF 8' EASEMENT), as delineated/depicted on the attached EXHIBIT"A,"
including equipment pad areas, as prepared by the Salt River Project Surveys Department,
dated 10/28/09, and by reference made a part hereof.
The sidelines of said easement to be prolonged or shortened so as to terminate on the
Southerly line of said Grantor's property.
Except for any part thereof not lying within above said Grantor's property.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical equipment.
Cr 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.
L
IN WITNESS WHEREOF, THE TOWN OF FOUNTAIN HILLS, a municipal
corporation of the State of Arizona, h caused its name to be executed by its duly authorized
representative(s), this /7 day of , .
THE TOWN OF FOUNTAIN HILLS,
a municipal corporation of the State of Arizona,
By •acAtx•
Its 1iwk MitAka/ex-
By
Its All p/t--
STATE OF )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this /7 day of ,
.2009 by ie/c10.nce L- Lotei S and
cic1 T S ch/Gc m-. as
7 wi ma_iagei— and /2Zaya/e_._ , respectively, of THE TOWN OF
FOUNTAIN HILLS,A municipal corporation of the State of Arizona, on behalf of such municipal
corporation.
My Commission Expires:
am
_ , Notary Public
9$"\-
r. OFFICIAL SEAL
. = BEVELYN J.BENDER
F 8 Notary Public-Sum of Ar!Zo a
MARICORA COUNTY
r My oorom&vbs.Aue 27.2.11 j
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).
Limag .7S17/FOUNTAINHILLS/PKFRAME/102909
EXHIBIT " A "
LEGEND
NOTE+SYMBOLS MAY NOT BE TO DRAWING
SRP JOB # SCALE, SO AS TO BETTER ENHANCE
GRAPHICAL REPRESENTATION
KEB— 734 7 SECTION AND CENTERLINE
NOTE PROPERTY LINE
THIS EXHIBIT IS INTENDED
TO ACCOMPANY AN EASEMENT, CENTERLINE OF 8' EASEMENT
IT IS NOT A SURVEY AND SHOULD O EQUIPMENT PAD -
NOT BE CONSTRUED AS SUCH. UNLESS OTHERWISE NOTED
ARE PART OF THE EASEMENT
EQUIPMENT PAWS) ARE A PART
OF THE EASEMENT UNLESS SALT RIVER PROJECT A. I .
OTHERWISE NOTED. & POWER DISTRICT
CAUTION CRICKET COMM . CELL S I TE
THE EASEMENT LOCATION AS HEREON DELINEATED MAY NE I/Q a SEC . 23, T 3N 9 R6 E
CONTAIN HIGH VOLTAGE ELECTRICAL UNDERGROUND ELECTRIC
EQUIPMENT, NOTICE IS HEREBY GIVEN POWER LINE RIGHT-OF-WAY
THAT THE LOCATION OF UNDERGROUND MARICOPA COUNTY
ELECTRICAL CONDUCTORS OR
kw FACILITIES MUST BE VERIFIED DESIGNED D.M. AGENT FRAME
AS REQUIRED BY ARIZONA REVISED DRAWN G.M.B. APPROVED:
STATUES, SECTION 4 0-380.2/. DATE 10/28/09 APPROVED' 64
ET. SEQ. , ARIZONA BLUE STAKE NONE
LAW, PRIOR TO ANY EXCAVATION. SCALE SHEET I OF 3
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DRAWN G.M. B. APPROVED'
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SALT RIVER PROJECT A. I .
& POWER DISTRICT
CRICKET COMM . CELL SITE
NE1/4 , SEC 23, T3N, R6E
z UNDERGROUND ELECTRIC
Icc?r5 POWER LINE RIGHT-OF-WAY
, Z MARICOPA COUNTY
(b. N. r. s .
DESIGNED D.M. AGENT FRAME
DRAWN G.M.B. APPROVED'
DATE 10/28/09 APPROVED' 65
SCALE N. T.S. SHEET 3 OF 3
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