No preview available
HomeMy WebLinkAbout2001.0816.TCREM.Packet�'tAIN �l a 4 �• Esc i� -yam 4`a' that is A Councilman McNeill Vice Mayor Wyman Councilwoman Fraverd NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilwoman Hutcheson Councilman Kavanagh Councilwoman Ralphe WHEN: THURSDAY, AUGUST 16, 2001 TIME: 5:30 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION FROM 5:30 P.M. TO 6:30 P.M. THE REGULAR SESSION WILL BEGIN PROMPTLY AT 6:30 P.M.) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 It i e Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand, approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER — Mayor Morgan • ROLL CALL 1.) Pursuant to A.R.S. 38-431.03.A.1, AND A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting; (the Council will be discussing renewal and changes to the employment contract of Town Manager, Paul Nordin, who is currently on disability leave; the Council will also discuss compensation for the Acting Town Manager); AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase or lease of real property (specifically the property currently leased for the Town Hall offices); respectively. 2.) RETURN TO REGULAR SESSION Town of Fountain Hills Page 1 of 3 Last printed 08/10/01 9:49 AM • CALL TO ORDER — Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION — Vice Mayor John Wyman • ROLL CALL Mayor's Report: Mayor Sharon Morgan will give an update on the medical condition of Town Manager Paul Nordin. Consent Agenda: All items listed with an asterisk (') are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) Consideration of APPROVING THE MEETING MINUTES of August 2 and 9, 2001. *2.) Consideration of a LEASE/MANAGEMENT AGREEMENT with the Fountain Hills Lower Verde River Valley Museum & Historical Society for 5,000 square feet of the new library/museum facility referred to as the "museum site". *3.) Consideration of AWARDING THE BID to Pinnacle Roofing in the amount of $46,962.62 for the replacement and/or repair of Town Hall roofs, Buildings A, B and C, and the Town -owned Community Theater building. *4.) Consideration of ORDINANCE 01-14, levying upon the assessed valuation of the property within the Cottonwoods Maintenance District subject to taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for the fiscal year ending the 30t' day of June, 2002. *5.) Consideration of RENEWING the annual asphalt and concrete contracts with Markham Contracting. *6.) Consideration of RESOLUTION 2001-41, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located along the southerly property line of Lot 15, of Plat 603C, Block 2, (15933 E. Thistle Drive) as recorded in Book 161 of Maps, Page 43 records of Maricopa County, Arizona. (Brock Laffoon) EA01-21 *7.) Consideration of GRANTING FOUR UNDERGROUND POWER EASEMENTS at Fountain Park to SRP for the operation of the new Fountain Hills Sanitary District recharge well pumps. 8.) Consideration of ACCEPTING FINANCIAL RESPONSIBILITY from the Lakeside Village Association for the street lights around Fountain Park. 9.) Consideration of ORDINANCE O1-15, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, to provide funds for bond redemptions, for the purpose of paying interest upon bonded indebtedness; all for the fiscal year ending the 30th day of June, 2002. 10.) DISCUSSION AND POSSIBLE ACTION regarding the renewal and amendment to the employment contract of Town Manager Paul Nordin specifically concerning fringe benefits. Town of Fountain Hills Page 2 of 3 Last printed 08/10/01 9:25 AM Town Council Meeting Agenda Regular Session August 16, 2001 11.) CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda. 12.) ADJOURNMENT. DATED this loth day of August, 2001C�4` (z Cassie B. Hansen, Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 3 of 3 Last printed 08/10/01 9:25 AM E MEMORANDUM TO: Honorable Mayor Morgan and Town Council FROM: Bev Bender, Executive Assistant to the Town Clerk DATE: September 5, 2001 SUBJECT: Revised Minutes I have attached the revised pages 1 & 2 from the Town Council meeting minutes of August 16, 2001 for your review. The roll call and council vote on the consent agenda items had previously indicated that Councilmember Fraverd was present and she was not. The minutes are on the September 6ch agenda for your approval. 14 �%w MEMORANDUM TO: THE HONORABLE MAYOR MORGAN AND�� TOWN COUNCILMEMBERS FROM: WILLIAM E. FARRELL, ACTING TOWN MANAGER DATE: AUGUST 109 2001 RE: MANAGER'S REPORT FOR THE AUGUST 16th COUNCIL MEETING REMINDERS: An Executive Session is scheduled to immediately precede Thursday's regular meeting at 5:30 p.m. in the Jury Room. The Council meeting will follow at 6:30 p.m. in Council Chambers. CONSENT AGENDA: There are seven items on the consent agenda. Please review each item and contact me should you determine if any should be removed. NOTICE: Please note that no report has been provided for the remaining discussion items contained in the attached agenda. SPECIAL SESSION OF THE DISTRICT BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT: Immediately following the regular council session, a meeting of the Board of Directors for the Eagle Mountain Community Facilities District will convene. A public hearing is scheduled, followed by consideration and adoption of Resolution EMCFD-2002-01. An agenda for this special session is included at the end of your packet. Town Manager's Report August 16, 2001 Council Meeting Page 1 of 1 • Law Offices of William E. Farrell, P.L.L.C. Tel (480) 837-5750 William E. Farrell Fax (480) 837-5805 E-mail bill farrell()gwest.net STAFF REPORT TO: Mayor and Council Town Clerk FROM: William E. Farrel Town Attorney DATE: August 16, 2001 Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 RE: Lease Agreement Town of Fountain Hills Fountain Hills and Lower Verde River Valley Museum and Historical Society As you are all aware approximately 5,000 square feet of the library museum building has been set aside and specifically designed for use as a museum site. It has always been the intention of the Town to lease that portion of the building to the Fountain Hills and Lover Verde River Valley Museum and Historical Society for purposes of development of the museum and appropriate exhibits. A draft of the lease agreement was distributed last week to the Council and the only items necessary for attachment are the legal description and the diagram of the property. The lease calls for the payment of $1.00 per year and requires the museum to maintain general liability insurance and also specifically requires them to be responsible for exhibits and items entrusted to their care custody and control. The Town will pay all utilities except telephone and premium cable service. We will also be responsible for the repair and maintenance of all of the mechanical equipment. We will be meeting to discuss security and other issues and there may need an amendment to the agreement at some point in the future when the association desires to finalize security plans. An annual written report and an annual meeting is required under the lease and is scheduled for the Spring of each year so that if budget issues needed to be raised they could be addressed by the Town Council. Staff Report Re: Lease Agreement Town of Fountain Hills Fountain Hills and Lower Verde River Valley Museum and Historical Society August 16, 2001 Page 2 Staff recommends approval of the lease agreement and authorization to the Mayor, Manager, Town Attorney and Town Clerk to sign the agreement on behalf of the Town. As always we will attempt to answer any questions you may have. LEASE/MANAGEMENT AGREEMENT This Lease/Management Agreement is made as of the 16th day of August, 2001, between the Town of Fountain Hills, a Municipal Corporation (hereinafter referred to as "The Town") and FOUNTAIN HILLS LOWER VERDE RIVER VALLEY MUSEUM & HISTORICAL SOCIETY, INC., an Arizona non-profit Corporation (hereinafter referred to as "The Museum Association"). RECITALS A. The Town is the owner of that certain approximately 21,000 square foot building located within the Town of Fountain Hills, State of Arizona. (See Attachment "A") B. Construction of such building has been financed in substantial part by the proceeds of a property tax bond issue passed by the voters of the Town of Fountain Hills, for the purpose of building a public library and museum. C. Approximately 15,000 square feet of such building will be used by the Maricopa County Library District for the operation of a public museum in Fountain Hills. D. Approximately 1,000 square feet of such building has been designated for use as a common lobby and restroom area for the museum and library. E. The remaining area of approximately 5,000 square feet has been designated for use as a museum. Such area may hereinafter be referred to as the "Museum Site". F. In addition to the Museum Site, an additional outdoor area adjacent to the Museum Site has been set aside for a patio and outdoor display area. (See Attachment "B") Such area may hereinafter be referred to as the "Museum Patio". NOW, THEREFORE, the parties hereto agree as follows: 1. LEASE The Town hereby leases to The Museum Association and The Museum Association hereby leases from The Town, the Museum Site and the Museum Patio. Such areas, together with the right Page 1 of 8 to use the lobby area in common with the library and the right to use adjacent parking and open areas in common with other municipal uses, shall collectively be referred to herein as the "Leased Premises". 2. TERM The term of this Lease shall be 25 years, which term shall commence on August 16, 2001, and shall end on August 15, 2026. One year prior to the expiration of the 25 year term, the parties shall meet and during the 12 months immediately preceding the termination of the Lease shall negotiate and may enter into a renewal for an additional 25 year term provided that at the time of the renewal, neither party is in default of any of the terms and conditions of this Lease as it exists now or as it may be modified in the future. 3. RENT The rent that The Museum Association shall pay to The Town shall be the sum of twenty- five dollars. Said rent shall be due and payable annually in installments of one dollar. The first installment of one dollar shall be paid at the time of the execution of this Lease and one dollar shall be due on the anniversary date for each of the next 24 years. The Museum Association shall have ( the right to prepay such rent. 4. USE OF THE LEASED PREMISES (A) The Leased Premises shall be used for the maintenance and operation of a museum depicting the history of the Town of Fountain Hills, the Lower Verde River Valley, and other areas within the State of Arizona which, in the judgment of The Museum Association, shall be of general interest to the residents of and visitors to the Town of Fountain Hills. (B) The Museum Association shall not conduct or permit to be conducted any unlawful or hazardous activity upon the Leased Premises. The use of the Leased Premises by The Museum Association is and will continue to be subject to all applicable laws and regulations of the State of Arizona and the Town of Fountain Hills. 5. CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS (A) The Town shall construct and install within the Museum Site certain improvements for the initial operation of the Museum. (B) The Museum Association shall construct and install within the Museum Site such permanent or removable displays and exhibits as it deems appropriate for the museum. In addition, Page 2 of 8 The Museum Association may install such additional lighting and other improvements as are necessary. (C) The Town has agreed to provide to The Museum Association the sum of$210,000 to pay for a portion of the cost of the displays and exhibits, lighting, or other permanent improvements to be installed by The Museum Association. The Museum Association shall be responsible for any additional costs of such items over and above such amount of $210,000. The funding of such sum shall be made by The Town upon the written request of The Museum Association. 6. REPAIRS AND MAINTENANCE The Town shall be responsible for all janitorial service to the Leased Premises as well as all maintenance and repair of the Leased Premises, except any exhibits of mechanical equipment of The Museum Association, and all mechanical fixtures such as heating, air conditioning, plumbing, and the like. 7. UTILITIES The Town shall be responsible for and pay for all utilities related to the Leased Premises including, but not limited to, water, gas, electricity, sewer, trash removal, and basic cable television. f The Museum Association shall be responsible for installing and paying for its own telephone system, and any computer equipment, data lines, internet service, and/or premium cable service that The Museum Association should elect to install. 8. INSURANCE The Museum Association shall obtain and maintain coverage for comprehensive general liability in limits of at least $1,000,000.00 combined single limit covering liability, and property damage, autos owned and non -owned. A certificate shall be provided annually to The Town giving evidence of required coverages. The Museum Association, should it acquire employees, shall obtain Workers Compensation insurance in conformance with Arizona Statutes. Certificate of Coverage shall be provided to The Town. The Museum Association shall be responsible for purchase and maintenance of any insurance covering physical loss to displays, exhibits, and temporary enhancing lighting. Insurance companies used to meet these requirements must be licensed or approved by the State of Arizona. They must have a current A.M. Best Co. rating of at least B+. Page 3 of 8 In the event of a casualty that destroys or substantially impairs use of the Leased Premises, The Town and The Museum Association shall meet and determine the best course of action to perpetuate the mission and goals of both parties. 9. PERMITS AND LICENSES Nothing contained in this Lease shall exempt The Museum Association and/or any user of the Leased Premises from the requirement that they obtain any and all required state, county, or town permits or approvals. 10. INCOME AND FEES The Museum Association has the authority, with the approval of The Town, to establish reasonable admission fees to the Museum. The Museum Association shall use any admission fees it receives for the admission to the Museum, and any net income it may receive from the sale of books, maps, or other museum -related items for the maintenance and improvement of museum exhibits, educational programs and other museum -related activities. Museum tours sponsored by the Town of Fountain Hills or by the Fountain Hills Unified School District shall be exempt from such admission fees. 1", 11. WASTE The Museum Association shall not use nor permit uses within the Leased Premises which could constitute waste on the Leased Premises, a public or private nuisance or any act which is unlawful in any manner. 12. STATUS OF MUSEUM EMPLOYEES The Museum Association understands and agrees that none of the terms and conditions of this Lease contemplate or imply the creation of an employer/employee relationship and that all employees, agents, contractors, subcontractors and volunteers of The Museum Association are independent contractors in terms of their relationship to The Town. 13. ANNUAL REPORT No later than March 31" of each year beginning in 2002, The Museum Association shall prepare and deliver to The Town an annual report on attendance and activity. The Museum Association President and the Town Manager shall meet subsequent to the report delivery and discuss those issues in which The Museum Association and The Town can work together to assist in the continued development of the Museum. Page 4 of 8 14. DEFAULTS If either The Town or The Museum Association shall be in default in the performance of any of the obligations set forth herein, then the non -defaulting party may send notice to the defaulting party, in writing, setting forth the condition of default and demanding that the default be cured within 90 days. Should the default not be cured within the 90 day period, then the non -defaulting party may seek any remedy available in equity and/or law including but not limited to termination of this Lease. This default provision shall apply to the entire contract except the provisions regarding payment of insurance premiums and notice of cancellation. In the instance of all insurance required hereunder, the ability to cure shall be limited to 30 days, and if The Town is obligated to pay either a renewal or obtain additional insurance to replace cancelled insurance, the cost therein borne by The Town shall become an immediate obligation of The Museum Association and shall be due and payable in full within 10 days of a receipt by The Museum Association of notice of payment by The Town. 15. RIGHTS UPON TERMINATION The Town and The Museum Association agree and acknowledge that in the even that this f' Lease terminates at the end of its full term or any extension thereof, then title to all permanent improvements within the museum shall vest in The Town and The Museum Association will have no right to any compensation unless said compensation is specifically agreed to be due to The Museum Association at such termination. If the Agreement should terminate for any reason prior to the end of the full term or any extension thereof, then the parties shall meet and agree upon an amount of compensation, if any, due to The Museum Association or have its rights hereunder determined by a competent court of law. Should the Leased Premises of the contents thereof be partially or totally condemned for public purpose through the exercise of the power of eminent domain by anyone other than The Town, the parties agree that the proceeds of the condemnation shall be divided in an equitable manner to be determined by agreement of the parties. 16. TERMINATION OF THE MUSEUM ASSOCIATION In the event that the Museum Association shall cease to exist as an Arizona non-profit corporation, then, unless prior to such termination The Town shall have agreed upon the designation of a successor entity to the Museum Association, this Lease shall terminate and, subject to any third party rights, title to all museum exhibits and displays shall vest in the Town of Fountain Hills. Page 5 of 8 '^ 17. NON -WAIVER BY THE TOWN The failure of The Town to insist upon strict performance of the terms, conditions and covenants of this Lease shall not constitute or be construed as a waiver or relinquishment of the Town's rights to thereafter enforce any such terms, conditions or covenants and that the same shall continue in full force and effect. 18. ASSIGNMENT This Lease is not assignable by either party in whole or in part without the express written consent of the other party. 19. LIMITATIONS ON TOWN POWERS The Museum Association understands, agrees and acknowledges that the term of this Lease is for 25 years, but that The Town does not and cannot enter into an agreement that is constituted as debt for any period exceeding the current fiscal year of The Town. Any requirement by The Town that funds would be expended or obligations incurred in the nature of a debt must be approved in the annual operating budget of The Town as adopted by the Town Council according to law, and any action by The Museum Association in any court of competent jurisdiction to require specific performance to pay any sums shall be barred by this Lease unless the sum was specifically authorized in the annual municipal operating budget. 20. NOTICES Whenever this Lease requires that notice be given to a parry to the Agreement, such notice shall be in writing and shall be made by personal delivery to the other party or sent by U.S. mail, postage prepaid, addressed as follows: To The Town: TOWN OF FOUNTAIN HILLS P.O. Box 17958 Fountain Hills, Arizona 85269 Attention: Town Clerk To The Museum Association: FOUNTAIN HILLS & LOWER VERDE RIVER VALLEY MUSEUM & HISTORICAL SOCIETY INC P.O. Box 17445 Fountain Hills, Arizona 85269 Attention: President Page 6 of 8 el Either party may change its address for notices by advising the other party, in the manner Is set forth above. 20. LAWS This agreement is subject to the law of the State of Arizona and specifically the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the parties have executed this LeaseAl lanagement Agreement as of the 16" day of August, 2001. ATTEST: By: LASSIE I-IANSEN, Town Clerk TOWN OF FOUNTAIN HILLS, A Municipal Corporation SHARON it. MORGAN, Mayor FOUNTAIN HILLS & LOWER VERDE RIVER VALLEY MUSEUM AND HISTORICAL SOCIETY An Arizona Non -Profit Corporation By: L) Page 7 of 8 ALAN CRUIKSHANK, President STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) SUBSCRIBED AND SWORN TO before me by Alan Cruikshank, known to be the President of the FOUNTAIN HILLS & LOWER VERDE RIVER VALLEY MUSEUM & HISTORICAL SOCIETY. Notary Public My Commission Expires: Page 8 of 8 Y01 VA 'UW15' AT 1' B' N A HDA Architects & Planners !OWN °' FGEMADJ [MIA at A awe sic ,Sa„ C-^ ter. AS SUN � NEW TOWN CENTER COMPLEX (� D A ra: No M am niz was sa rise m 5 tea, SUMi.wu�nNu Harr ` y wsEan s�oos vuw IFOU)MAIN imts AzmaKA sim . umAQyyyat WVA MVNOLS SOW" germ vxrumwn xtmir seen wrw am wurve anvvxa w ON pm XS7dKOD UHJ.M O NMQL M3N � r %M �o I" •r�°°�'�••r rr ur t m rrmr WYAAM do was isleff"Id V 873�!q�li� VQH Log 0 MR 91 .01 - .l 1Y .UV%:j M told TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Council FROM: Donald F. Thumith, Facilities Operations Supervisor . THROUGH: Bill Farrell, Acting Town Mana� DATE: August 9, 2001 RE: Roof Repair and Replacement to Town Offices and Community Theater As addressed in the 2001/2002 budget was the need to replace and or repair the roofs to Town Hall and the Town owned Community Theater. The following is a summary of quotes for roof replacement and repair from three contractor bids. The total from each bidder consists of a similar scope of work bid for the repairs from each contractor. CONTRACTOR Bld. A Bld. B Bld. C THEATER TOTAL Fidelity Roof 928.00 + 31,933.00 17,164.00 5,375.00 55,400.00 Hagan Construction 3,736.25 30,854.85 12,276.25 6,657.75 53,525.10 Pinnacle Roofing 1,835.00 28,384.74 10,972.08 5,770.80 46,962.62 Considerations to Pinnacle Roofing, they are low bid, their scope of work gives us extras over the other bidders, the other two bidders warranted their roof work at Five Years, Pinnacle Roofing warrants for Ten Years. Pinnacle Roofing's references are excellent and this recommended bid figure puts us at $8,038.00 below budget. Staff recommends the project be awarded to Pinnacle Roofing. Cc: Cassie Hansen MEMORANDUM TO: Honorable Mayor and Town Council ` FROM: Julie Ghetti, Supervisor, Accounti RE: Ordinance No. 14 Cottonwoods Maintenance District DATE: August 16, 2001 The Cottonwoods Maintenance District was formed in June, 1999 for the purpose of maintaining the common pedestrian, parking and parkways property within the boundaries of the community. These costs are paid from ad valorem taxes collected from the 58 property owners within the community. The attached Ordinance No. 01-15 authorizes the County to levy a fixed amount of $57.15 annually on those homeowners. If you have any questions please feel free to see me. SWR:gmh 369259 11/21/00 ORDINANCE NO.01-14 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ASSESSING UPON THE INDIVIDUAL LOTS AND PARCELS WITHIN THE COTTONWOODS MAINTENANCE DISTRICT A CERTAIN SUM UPON EACH PARCEL IN THE DISTRICT SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2002. WHEREAS, the provisions of Arizona Revised Statutes Sections 48-574 and 48-575 allow for the assessment of maintenance charges upon the lots and parcels within an improvement district and such assessments to be collected in the manner and by the officers provided by law for the collection and enforcement of general taxes; and WHEREAS, Maricopa County is the assessing and collecting authority for the Town of Fountain Hills, the Clerk is hereby directed to transmit a certified copy of this ordinance to the County Assessor and the Board of Supervisors of Maricopa County, Arizona; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: SECTION 1. There is hereby levied on each lot and tax parcel listed in the attached Exhibit A within the corporate limits of the Town of Fountain Hills Cottonwoods Maintenance District the amount listed on such Exhibit A for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year ending June 30, 2002. SECTION 2. Failure by the county officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax or foreclosure deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them, shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or of the judgement of sale by which the collection of the same may be enforced, shall not affect the lien of the Town of Fountain Hills upon such property for the delinquent assessment unpaid thereon, and no overcharge as to part of the assessment or of costs shall invalidate any proceedings for the collection of assessments or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona, this L-k-- day of µ , 2001. A ATTEST: Cassie B. Hansen, Director of Administration/Town Clerk REVIEWED BY/APPROVED AS TO FORM: William E. Farrell, Acting Town Manager/Town Attorney SWR:gmh 369259 11/21/00 P"tGa'--- Sharon Morgan, PASS/FAIL N J, e SECOND COUNT CO—� Annual Asphalt and Concrete Contract Renewal.doc Chron 175 a off. a 4 s �that is • TO: Honorable Mayor & Council FROM: Tom Ward, Assistant Public THROUGH: Randy L. Harrel, Town E in William Farrell, Acting ow DATE: August 7, 2001 Town of FOUNTAIN HILLS Engineering Department MEMORANDUM W s i etv, / V er Manage RE: Annual Asphalt and Concrete Contracts Renewal The Town has existing asphalt and concrete annual contracts with Markham Contracting. This contract is for a one-year period with an option to renew for up to two additional one-year periods, with prices adjusted for inflation each year. The first year was completed in August 2001 and the second year is now up for renewal. Staff has been satisfied with the contractor's performance and is in favor of renewing the contract for a second year. The contractor has agreed to a 4.3% increase in his overall rate schedule. With the present state of the economy, we do not believe we would obtain better prices or better schedule performance by re -bidding this work. Staff recommends renewal of the asphalt and concrete annual contracts with Markham Contracting. M Chron 171 '0 a _ � �oat is As►v'' Town of FOUNTAIN HILLS Engineering Department MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Civil Engineer e� REVIEWED: Randy Harrel, Town Engineei;_ THROUGH: William E. Farrell, Acting Town Manager DATE: August 1, 2001 RE: Easement Abandonment 01-21; Resolution 2001-41 15933 E. Thistle Drive Plat 603C, Block 2, Lot 15 Brock Laffoon This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southerly property line of Lot 15, Block 2, Plat 603C, (15933 E. Thistle Drive) as shown in Exhibit "A". The property owner of Lot 15 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site 'to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 15 is required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-41. jb att. Cc: Brock Laffoon Mr. Walters Mr. Hanson EA01-21; Plat 603C, Blk 2, Lot 15 (15933 E. Thistle Dr.) Laffoon 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 When recorded, return to: zngineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2001-41 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 15, BLOCK 2, OF PLAT 603C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and 1HEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the southerly property lot line of Plat 603C, Block 2, Lot 15, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 161 of maps, page 43 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 15 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 2001-41 Page 1 of 2 PASSjFAIL ON.Lv. SECOND COUNT PASSED AND ADOPTED this 16"' day of August 2001. ATTEST FOR TF�E TOWN OF, FOUNTAIN HILLS Cassie B. Hansen, Town Clerk Sharon Morgan, REVIEWED BY AND APPROVED AS TO FORM: X-1/ J" V';e4w� Wiliam E. Farrell, Acting Town Manager/Town Attorney Resolution 2001-41 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 603C BLOCK 2 LOT 15 PLAT 603C BOOK 161 PAGE 43 0o THISTLE �R�VE �w 0o �- 4.22' 00', R=1030.00 L=78.50' C LOT 16 BLOCK 2 0 LOT 14 0 o LOT 15 Z ABANDON 10' P.U.E. & D.E. 0 N 80*55100" E 89.31, FICA SQL 4 16545 IRONWOOD WASH � WMY L. PARCEL "A" o Fl�RfzL�:. „ P.U.E. & D.E. of°S�a�ed. SCALE: 1 =40 DATE: 8-1-01 V" I SRP Grants of Easement.doc Pagel of 2 Chron 177 o��TAIN w o � � 4 1 511 1 9 TO: Honorable Mayor and Council FROM: Randy L. Harrel I THROUGH: Bill Farrell Town of FOUNTAIN HILLS Engineering Department MEMORANDUM DATE: August 9, 2001 RE: Grant of Underground Power Easements to SRP at Fountain Park (for Fountain Hills Sanitary District Recharge Well Pumps) SRP No. KEB-428 through KEB-431 By previous agreement, the Fountain Hills Sanitary District has constructed a number of groundwater recharge wells within Fountain Park, which require electrical power to operate. SRP is constructing underground electrical conduits and aboveground electrical cabinets to service these Sanitary District facilities. SRP has requested four easements (their numbers KEB428 through KEB431) to contain their underground conduits and aboveground boxes. The Town, as the property owner, needs to be the grantor of these easements. Staff has attached Black & Veatch's map of Fountain Park showing the facilities being served, the SRP easement documents/maps, and our summary table showing each easement, easement location, SRP facility, and Fountain Hills Sanitary District facility supported. The SRP facilities do not visually appear to conflict with Town improvements in the Park. Our normal procedure for grants of easement has been Engineering Department and Town Attorney review, Town Manager signature, and notification to the Town Council. The Engineering Department will complete its review of the technical details of the easements' legal descriptions prior to the Council meeting; no issues are anticipated. Because of the Sanitary District involvement, aboveground electrical cabinets, and SRP's request, staff is submitting this grant of easement for Town Council action. Staff recommends approval of the four power easement grants. O Att. SRP Grants of Easement.doc Page 2 of 2 Chron 177 New SRP Easements/Facilities in Fountain Park — Summary Number Town's Property Easement Location FHSD Facility KEB-428 Plaza Fountainside, East side of Saguaro Blvd; 100' ± ASR Well #1 Parcel A (functionally a south of Avenue of the Fountains art of Fountain Park) KEB-429 Fountain Park Southwest side of Panorama Drive; ASR Well #2 600' ± north of El Lago, Blvd. KEB-430 Fountain Park Southwest side of Panorama Drive; ASR Well #4 170' and 310' east of Saguaro Blvd. KEB-431 Fountain Park North side of El Lago Blvd; 900' Booster Pump station; east of Saguaro Blvd. Lake Pump House CM r AS WELL ' '0 NO.4 A N EL LA0.0 B-w i •VT, V'LAKE•PUMP HOUSE ey: KIWANIS DR. 1SR WELL 10.2 V Go BLVD 0. BLACK & VEATCH C a p 6 r 2ll 80 HOLD FOR PICK UP: SALT RIVER PROJECT Land Department/PAB400 P. O. Box 52025 Phoenix, Arizona 85072-2025 POWER DISTRIBUTION EASEMENT Maricopa County R/W # 2463 Agt. JYM MCR 564-01 Job # KEB-428 W C TOWN OF FOUNTAIN HILLS, 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, an 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 Property"), 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, 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 Property 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 Easement Property. Grantee is hereby authorized to permit others to use the Easement Property 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: Parcel "A" as dedicated on the final plat of THE PLAZA FOUNTAINSIDE, as recorded in Book 564 of Maps, page 01, records of Maricopa County, Arizona. Easement Parcel: Said easement being 8.00 feet in width, lying 4.00 feet on each side of the following described centerline: COMMENCING at the Northwest corner of the above described property; thence South 20 degrees 38 minutes 08 seconds West (assumed bearing) along the West line of said Grantor's Property a distance of 237.74 feet to the POINT OF BEGINNING of the herein described easement; thence North 69 degrees 25 minutes 07 seconds West a distance of 4.73 feet to a point within an 7.50 foot by 5.50 foot equipment pad, said area being a part of this easement; thence South 21 degrees 06 minutes 14 seconds West a distance of 8.89 feet to a point of termination. CAUTION: Facilities placed within the Easement Property 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 Property. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, the Easement Property 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 Property 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. IN WITNESS WHEREOF, TOWN OF FOUNTAIN HILLS, has caused its name to be executed by its duly authorized representative(s), this day of , boo TOWN OF FOUNTAIN HILLS Its r-L- Y Its �.c_—) •rh I w v-- c�— STATE OF ) ss COUNTY OF ) by and town. The foregoing instrument was acknowledged before me this day of , and My Commission Expires: Notary Stamp/Seal , as respectively, of TOWN OF FOUNTAIN HILLS, on behalf of such Notary Public PLEASE NOTE The County Recorder WILL NOT RECORD Note: This instrument is exempt from tI any document that has any portion of print, required under A.R.S. Sections 11-1131 a signatures, notary stamps or initials in the 1/2 A.R.S. Sections 11-1134(A)(2) and (A)(3). inch margins on the sides, or bottom of a page. Saros/JMM.fumldocs. KEB-428/bf b Therefore, please be very careful not to let your signature, initials or notary stamp go into . - -+ of +}knQa nrPnc nr it will result in the ,.._.1 r--- - - - --- -- - document being rejected. 4 h � GA \ R � I � � / ♦ .s�.ig � i ! c � ui g b9Sg �0 I I /// 2 �I�lYYY49a� p0. I / I / / I / 8� /g ��YIgG ��0.•4 tf \ / 3 r• \ ;�6 0 / \ YOHit s OV W ♦ ff \ AOj �� R i R 1902 e 3 b ,; �•'°",�. ors. ,.., 1 I r\e. r h tf aY d'417 oy ' II 0 r HOLD FOR PICK UP: SALT RIVER PROJECT Land Department/PAB400 P. O. Box 52025 Phoenix, Arizona 85072-2025 POWER DISTRIBUTION EASEMENT Maricopa County R/W # 2463 Agt. JYM MCR 564-01 Job # KEB-428 WC TOWN OF FOUNTAIN HILLS, 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, an 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 Property"), 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, 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 Property 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 Easement Property. Grantee is hereby authorized to permit others to use the Easement Property 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: Parcel "A" as dedicated on the final plat of THE PLAZA FOUNTAINSIDE, as recorded in Book 564 of Maps, page 01, records of Maricopa County, Arizona. Easement Parcel: Said easement being 8.00 feet in width, lying 4.00 feet on each side of the following described centerline: COMMENCING at the Northwest corner of the above described property; thence South 20 degrees 38 minutes 08 seconds West (assumed bearing) along the West line of said Grantor's Property a distance of 237.74 feet to the POINT OF BEGINNING of the herein described easement; thence North 69 degrees 25 minutes 07 seconds West a distance of 4.73 feet to a point within an 7.50 foot by 5.50 foot equipment pad, said area being a part of this easement; thence South 21 degrees 06 minutes 14 seconds West a distance of 8.89 feet to a point of termination. CAUTION: Facilities placed within the Easement Property 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 Property. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, the Easement Property 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 Property 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. i IN WITNESS WHEREOF, TOWN OF FOUNTAIN HILLS, has caused its name to be executed by its duly authorized representative(s), this day of , moo I TOWN OF FOUNTAIN HILLS Its ft. By eLd4�2 Its Y\1 ,N Flours t'�- ZY STATE OF _ ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of by .Ylv, ro n and 601, //lam -�r f e // as IIA -yo•e— and &A117q 7000h /hygucr , respectively, of TOWN OF FOUNTAIN HILLS, on behalf of such town. My Commission Expires: Notary Public WOFFICIAL SEAL EVELYN J. BENDE PLEASE NOTE otary Public - state of Arizona N ��M�lexpires Aug. 28, 200The County Recorder WILL NOT RECORD Note: This instrument is exempt from tl any document that has any portion of print, required under A.R.S. Sections 11-1131 � signatures, notary stamps or initials in the 1/2 A.R.S. Sections 11-1134(A)(2) and (A)(3). inch margins on the sides, or bottom of a page. Saros/JMM.fiw&ocs:KEB-428/bA Therefore, please be very careful not to let your signature, initials or notary stamp go into any part of these areas, or it will result in the document being rejected. •M CO 34 CIA ii-i'M 0 b \ 01 \ Ord R � I i / 1 I li I / W U U / / yip W W bB9sg`O OO I / / I / I / ,Po •fi eft \\ / 'Bf•4' r� \ \ ail /Y O e102 0 Q f�N.04, HOLD FOR PICK UP: SALT RIVER PROJECT Land Department/PAB400 P. O. Box 52025 Phoenix, Arizona 85072-2025 UNDERGROUND POWER EASEMENT Maricopa County R/W # 2463 Agt. JMM Parcel # 176-06-316G Job # KEB-429 W 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, an 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 Property"), 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, 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 Property 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 Easement Property. Grantee is hereby authorized to permit others to use the Easement Property 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 portion of Section 14, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County Arizona, more particularly described as follows: COMMENCING at the centerline of intersection of the Avenue of the Fountains and Saguaro Boulevard as shown on 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, thence South 69 degrees 21 minutes 52 seconds East a distance of 55.00 feet to the POINT OF BEGINNING, said point being on the Easterly right of way line of Saguaro Boulevard; thence North 20 degrees 38 minutes 08 seconds East along said right of way, a distance of 942.72 feet to the beginning of a tangent curve concave Westerly and having a radius of 1255.00 feet; thence along the arc of said curve through a central angle of 13 degrees 15 minutes 08 seconds an arc length of 290.28 feet to the beginning of a reverse curve concave Southerly and having a radius of 20.00 feet, a radial line passing through said point bears North 82 degrees 37 minutes 00 seconds West; thence departing Saguaro Boulevard Northeasterly along the arc of said curve through a central angle of 103 degrees 15 minutes 08 seconds an arc length of 36.04 feet to the Southerly right of way of Panorama Drive; thence South 69 degrees 21 minutes 52 seconds East along said right of way a distance of 40.73 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 308.00 feet; thence along the arc of said curve through a central angle of 40 degrees 16 minutes 52 seconds an arc length of 216.54 feet; thence South 29 degrees 05 minutes 00 seconds East a distance of 281.77 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 392.00 feet; thence along the arc of said curve through a central angle of 20 degrees 05 minutes 00 seconds an arc length of 137.40 feet; thence South 49 degrees 10 minutes 00 seconds East a distance of 597.70 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 392.00 feet; thence along the arc of said curve through a central angle of 25 degrees 10 minutes 18 seconds an arc length of 172.22 feet; thence South 74 degrees 20 minutes 18 seconds East a distance of 136.69 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 458.00 feet; thence along the arc of said curve through a central angle of 67 degrees 50 minutes 18 seconds an arc length of 542.27 feet; thence South 06 degrees 30 minutes 00 seconds East a distance of 404.84 feet to the beginning of a tangent curve concave Westerly and having a radius of 358.00 feet; thence along the arc of said curve through a central angle of 20 degrees 44 minutes 45 seconds an arc length of 129.63 feet to a point of compound curve, said curve being concave Northwesterly and having a radius of 20.00 feet, a radial line passing through said point bears South 75 degrees 45 minutes 15 seconds East; thence departing Panorama Drive along the arc of said curve through a central angle of 97 degrees 50 minutes 37 seconds an arc length of 34.15 feet to a point of reverse curve, said point being on the Northerly right of way line of El Largo Boulevard, and said curve Being concave Southerly and having a radius of 302.00 feet, a radial line passing through said point bears North 22 degrees 05 minutes 22 seconds East; thence along the arc of said curve through a central angle of 68 degrees 15 minutes 22 seconds an arc length of 359.77 feet; thence South 43 degrees 50 minutes 00 seconds West a distance of 340.76 feet to the beginning of a tangent curve concave Northerly and having a radius of 220.00 feet; thence along the arc of said curve through a central angle of 80 degrees 25 minutes 00 seconds an arc length of 308.78 feet; thence North 55 degrees 45 minutes 00 seconds West a distance of 137.00 feet to the beginning of a tangent curve concave Southerly and having a radius of 330.00 feet; thence along the arc of said curve through a central angle of 22 degrees 35 minutes 00 seconds an arc length of 130.07 feet; thence North 78 degrees 20 minutes 00 seconds West a distance of 303.80 feet to the beginning of a tangent curve concave Southerly and having a radius of 380.00 feet; thence along the arc of said curve through a central angle of 26 degrees 50 minutes 00 seconds West a distance of 177.96 feet; thence South 74 degrees 50 minutes 00 seconds West a distance of 243.15 feet; thence departing El Largo Boulevard North 15 degrees 30 minutes 00 seconds West a distance of 15.00 feet to the Southeast corner of Parcel No.2, Maricopa County Recorders Number 86-385919; thence continuing, North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 2, a distance of 143.00 feet to the Southeast corner of Parcel No. 4B, of said Recorders Number; thence continuing North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 4B, a distance of 182.00 feet to the Southeast corner of Parcel No. 5, of said Recorders Number; thence continuing North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 5, a distance of 74.63 feet to the beginning of a tangent curve concave Easterly and having a radius of 640.00 feet; thence along the arc of said curve through a central angle of 05 degrees 56 minutes 56 seconds an arc length of 66.45 feet; thence departing said Parcel No. 5, and continuing along the arc of said curve through an central angle of 04 degrees 23 minutes 05 seconds an arc length of 48.98 feet; thence North 05 degrees 09 minutes 59 seconds West a distance of 108.06 feet; thence North 09 degrees 23 minutes 30 seconds East a distance of 105.00 feet; thence North 15 degrees 52 minutes 00 seconds East a distance of 249.00 feet; thence North 69 degrees 21 minutes 52 seconds West a distance of 86.05 feet to the POINT OF BEGINNING. Easement Parcel: Said easement being 8.00 feet in width lying 4.00 feet on each side of the following described centerline: COMMENCING at the South quarter corner of said Section 14; thence North 04 degrees 28 minutes 59 seconds East (assumed bearing) a distance of 2099.61 feet to a point on a tangent curve concave to the Southwest having a radius of 458.00 feet and a central angle of 16 degrees 54 minutes 47 seconds; thence Southeasterly along said curve to the right an arc distance of 135.20 feet; thence South 66 degrees 35 minutes 05 seconds West a distance of 1.67 feet to the POINT OF BEGINNING of the herein described easement; thence South 64 degrees 57 minutes 55 seconds West a distance of 6.07 to a point on the Easterly edge of a 5.17 foot by 6.33 foot equipment pad area, said area being a part of this easement; thence continuing South 46 degrees 57 minutes 55 seconds West a distance of 1.46 feet; thence North 23 degrees 30 minutes 00 seconds West a distance of 8.09 feet to the Southerly edge of a 6.33 foot by 4.17 foot equipment pad area said area being a part of this easement; thence South 67 degrees 20 minutes 23 seconds West a distance of 15.00 feet to a point of termination. CAUTION: Facilities placed within the Easement Property 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 Property. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, the Easement Property 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 Property 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. 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 f Le day Of THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation r] Its m ri i By —)WL\C] Itsc�— STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this /may of L, by �� ro h /%� D /'�l%h and a , as and 1 rt, e , respectively, of THE TOWN OF FOUNTAIN HIL S, an Arizona municipal c rporation, on be alf of such municipal corporation. My Commission Expires: F. /.,I s: &,QOFFICIAL SEAL .rN!l VELYNJ. BENDEary Public -State of ArtzoNexpires Aug. 28, 200 1 Notary Public Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1131 and 11-1132 pursuant to the exemptions set forth in A.R.S. Sections 11-1134(A)(2) and (A)(3). Sa ros/JMM: fina(docs: KEB-4291bJb PLEASE NOTE The County Recorder WILL NOT RECORD any document that has any portion of print, signatures, notary stamps or initials in the 1/2 inch margins on the sides, or bottom of a page. Therefore, please be very careful not to let your signature, initials or notary stamp go into any part of these areas, or it will result in the document being rejected. / / / •p9 Rl � o=. r a I I m / �• n� i �N, pf SZ �2�_n I n� MI Ft rZN tl Am°BRp� �i42 \ 3a / so iiir N�Y�YNY& &&BRS�dN��S� N2SN&:$uixYa..... &N.... ..... •' 1_a�ouS�M:Nv��aa'•.�a�: �� kN38Yu:oE `x�xPx x±xx�u Pvu............ .. °o. a ...... &�Yr vBt g s s yatgrdaa`eyggg �o e.a �y-s_ a spa 1:t Yas YYo�a�.,YS o vY 4 t.Hit Yi .;� uY�v.� �:kaS.R-MU"oau3.YY.o"ZR�,NaR$e:f�S9aoMN-'z'"NY33:I as •• LL++ �� hnU o000 HOLD FOR PICK UP: SALT RIVER PROJECT Land Department/PAB400 P. O. Box 52025 Phoenix, Arizona 85072-2025 UNDERGROUND POWER EASEMENT Maricopa County R/W #2463 Agt. JMM Parcel # 176-06-316G Job # KEB-430 WC 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, an 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 Property"), 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, 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 Property 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 Easement Property. Grantee is hereby authorized to permit others to use the Easement Property 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 portion of Section 14, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County Arizona, more particularly described as follows: COMMENCING at the centerline of intersection of the Avenue of the Fountains and Saguaro Boulevard as shown on 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, thence South 69 degrees 21 minutes 52 seconds East a distance of 55.00 feet to the POINT OF BEGINNING, said point being on the Easterly right of way line of Saguaro Boulevard; thence North 20 degrees 38 minutes 08 seconds East along said right of way, a distance of 942.72 feet to the beginning of a tangent curve concave Westerly and having a radius of 1255.00 feet; thence along the arc of said curve through a central angle of 13 degrees 15 minutes 08 seconds an arc length of 290.28 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 20.00 feet, a radial line passing through said point bears North 82 degrees 37 minutes 00 seconds West; thence departing Saguaro Boulevard Northeasterly along the arc of said curve through a central angle of 103 degrees 15 minutes 08 seconds an arc length of 36.04 feet to the Southerly right of way of Panorama Drive; thence South 69 degrees 21 minutes 52 seconds East along said right of way a distance of 40.73 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 308.00 feet; thence along the arc of said curve through a central angle of 40 degrees 16 minutes 52 seconds an are length of 216.54 feet; thence South 29 degrees 05 minutes 00 seconds East a distance of 281.77 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 392.00 feet; thence along the arc of said curve through a central angle of 20 degrees 05 minutes 00 seconds an arc length of 137.40 feet; thence South 49 degrees 10 minutes 00 seconds East a distance of 597.70 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 392.00 feet; thence along the arc of said curve through a central angle of 25 degrees 10 minutes 18 seconds an arc length of 172.22 feet; thence South 74 degrees 20 minutes 18 seconds East a distance of 136.69 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 458.00 feet; thence along the arc of said curve through a central angle of 67 degrees 50 minutes 18 seconds an arc length of 542.27 feet; thence South 06 degrees 30 minutes 00 seconds East a distance of 404.84 feet to the beginning of a tangent curve concave Westerly and having a radius of 358.00 feet; thence along the arc of said curve through a central angle of 20 degrees 44 minutes 45 seconds an arc length of 129.63 feet to a point of compound curve, said curve being concave Northwesterly and having a radius of 20.00 feet, a radial line passing through said point bears South 75 degrees 45 minutes 15 seconds East; thence departing Panorama Drive along the arc of said curve through a central angle of 97 degrees 50 minutes 37 seconds an arc length of 34.15 feet to a point of reverse curve, said point being on the Northerly right of way line of El Largo Boulevard, and said curve being concave Southerly and having a radius of 302.00 feet, a radial line passing through said point bears North 22 degrees 05 minutes 22 seconds East; thence along the arc of said curve through a central angle of 68 degrees 15 minutes 22 seconds an arc length of 359.77 feet; thence South 43 degrees 50 minutes 00 seconds West a distance of 340.76 feet to the beginning of a tangent curve concave Northerly and having a radius of 220.00 feet; thence along the arc of said curve through a central angle of 80 degrees 25 minutes 00 seconds an arc length of 308.78 feet; thence North 55 degrees 45 minutes 00 seconds West a distance of 137.00 feet to the beginning of a tangent curve concave Southerly and having a radius of 330.00 feet; thence along the arc of said curve through a central angle of 22 degrees 35 minutes 00 seconds an arc length of 130.07 feet; thence North 78 degrees 20 minutes 00 seconds West a distance of 303.80 feet to the beginning of a tangent curve concave Southerly and having a radius of 380.00 feet; thence along the arc of said curve through a central angle of 26 degrees 50 minutes 00 seconds West a distance of 177.96 feet; thence South 74 degrees 50 minutes 00 seconds West a distance of 243.15 feet; thence departing El Largo Boulevard North 15 degrees 30 minutes 00 seconds West a distance of 15.00 feet to the Southeast corner of Parcel No.2, Maricopa County Recorders Number 86-385919; thence continuing, North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 2, a distance of 143.00 feet to the Southeast corner of Parcel No. 4B, of said Recorders Number; thence continuing North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 4B, a distance of 182.00 feet to the Southeast corner of Parcel No. 5, of said Recorders Number; thence continuing North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 5, a distance of 74.63 feet to the beginning of a tangent curve concave Easterly and having a radius of 640.00 feet; thence along the arc of said curve through a central angle of 05 degrees 56 minutes 56 seconds an arc length of 66.45 feet; thence departing said Parcel No. 5, and continuing along the arc of said curve through an central angle of 04 degrees 23 minutes 05 seconds an arc length of 48.98 feet; thence North 05 degrees 09 minutes 59 seconds West a distance of 108.06 feet; thence North 09 degrees 23 minutes 30 seconds East a distance of 105.00 feet; thence North 15 degrees 52 minutes 00 seconds East a distance of 249.00 feet; thence North 69 degrees 21 minutes 52 seconds West a distance of 86.05 feet to the POINT OF BEGINNING. Easement Parcel: Said easement being 8.00 feet in width lying 4.00 feet on each side of the following described centerline: COMMENCING at the Northwest corner of said Section 14; thence South 39 degrees 58 minutes 47 seconds East (assumed bearing) a distance of 2338.91 feet; thence South 41 degrees 16 minutes 49 seconds West a distance of 84.00 feet to a point on the North line of the above described Grantor's Property, said point being on a tangent curve concave to the Southwest having a radius of 308.00 feet, a central angle of 03 degrees 37 minutes 54 seconds; thence Southeasterly along said curve to the right an arc distance of 19.52 feet; thence South 44 degrees 54 minutes 43 seconds West a distance of 4.48 feet to the POINT OF BEGINNING of the herein described easement; thence South 45 degrees 11 minutes 20 seconds East a distance of 14.98; thence South 46 degrees 59 minutes 48 seconds West a distance of 5.03 feet to the Northerly edge of a 4.17 foot by 6.33 foot equipment pad area, said area being a part of this easement; thence continuing South 46 degrees 59 minutes 48 seconds West a distance of 1.52 feet; thence South 41 degrees 30 minutes 12 seconds East a distance of 8.06 feet to a point on the Westerly edge of a 5.50 foot by 7.50 foot equipment pad area, said area being a part of this easement; thence continuing South 41 degrees 30 minutes 12 seconds East a distance of 18.84 to a point of termination. CAUTION: Facilities placed within the Easement Property 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 Property. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, the Easement Property 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 Property 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. 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 l_ day Of '0 �" 1 THE TOWN OF FOUNTAIN HILLS, an ArgonArgon4 municipal gorporation By 0 Its By Its �.-�,� r n r a STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this /,6-1-1&y /., by J-) M,,4 n and e'` rr / , as and espectively, of THE TOWN OF FOUNTAIN HIL S, an Arizona muncipal co oration, on behalf of such municipal corporation. My Commission Expires: OFFICIAL S]ArIzona ftNotary EVELYN J. BPublic • StateNO1�1n. expires Au Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1131 and 11-1132 pursuant to the exemptions set forth in A.R.S. Sections 11-1134(A)(2) and (A)(3). PLEASE NOTE The County Recorder WILL NOT RECORD any document that has any portion of print, signatures, notary stamps or initials in the 1/2 inch margins on the sides, or bottom of a page. Therefore, please be very careful not to let your signature, initials or notary stamp go into any part of these areas, or it will result in the Sa-1JMM:fin &ms:KEB-430/bfb document being rejected. .y:�N,oet�.u:Lti;ok::kkY�NW{5k:9xkti....�_.________..�.N.�,• NN=3PRa� eao�&'p�YY�_oou 4.`�&:o N N�kNN4quNUN k �n����rzrnnnnnn�- " ���nRRPP yenmmm a mm mmmm xximxx l I i / / / 6 ew,� MgasN�u�rws ....a a"aNSaaaw napce °:Y,' o�oouR-�".�"n.'YN"Naa'e•'nY�:'e:Rao6 $o�w�pwxv�k�,u��apN�§R1rY`�` �a�gdgm�mmmN'e^a`�aymm aa�n $� HUM" aaaasaiYN$ >o cxxx k' HOLD FOR PICK UP: SALT RIVER PROJECT Land Department/PAB400 P. O. Box 52025 Phoenix, Arizona 85072-2025 UNDERGROUND POWER EASEMENT Maricopa County R/W # 2463 Agt. JMM Parcel # 176-06-316G Job # B-431 W C. �.✓'I 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, an 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 Property"), 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, 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 Property 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 Easement Property. Grantee is hereby authorized to permit others to use the Easement Property 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 portion of Section 14, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County Arizona, more particularly described as follows: COMMENCING at the centerline of intersection of the Avenue of the Fountains and Saguaro Boulevard as shown on 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, thence South 69 degrees 21 minutes 52 seconds East a distance of 55.00 feet to the POINT OF BEGINNING, said point being on the Easterly right of way line of Saguaro Boulevard; thence North 20 degrees 38 minutes 08 seconds East along said right of way, a distance of 942.72 feet to the beginning of a tangent curve concave Westerly and having a radius of 1255.00 feet; thence along the arc of said curve through a central angle of 13 degrees 15 minutes 08 seconds an arc length of 290.28 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 20.00 feet, a radial line passing through said point bears North 82 degrees 37 minutes 00 seconds West; thence departing Saguaro Boulevard Northeasterly along the arc of said curve through a central angle of 103 degrees 15 minutes 08 seconds an arc length of 36.04 feet to the Southerly right of way of Panorama Drive; thence South 69 degrees 21 minutes 52 seconds East along said right of way a distance of 40.73 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 308.00 feet; thence along the arc of said curve through a central angle of 40 degrees 16 minutes 52 seconds an arc length of 216.54 feet; thence South 29 degrees 05 minutes 00 seconds East a distance of 281.77 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 392.00 feet; thence along the arc of said curve through a central angle of 20 degrees 05 minutes 00 seconds an arc length of 137.40 feet; thence South 49 degrees 10 minutes 00 seconds East a distance of 597.70 feet to the beginning of a tangent curve. concave Northeasterly and having a radius of 392.00 feet; thence along the arc of said curve through a central angle of 25 degrees 10 minutes 18 seconds an arc length of 172.22 feet; thence South 74 degrees 20 minutes 18 seconds East a distance of 136.69 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 458.00 feet; thence along the arc of said curve through a central angle of 67 degrees 50 minutes 18 seconds an arc length of 542.27 feet; thence South 06 degrees 30 minutes 00 seconds East a distance of 404.84 feet to the beginning of a tangent curve concave Westerly and having a radius of 358.00 feet; thence along the arc of said curve through a central angle of 20 degrees 44 minutes 45 seconds an arc length of 129.63 feet to a point of compound curve, said curve being concave Northwesterly and having a radius of 20.00 feet, a radial line passing through said point bears South 75 degrees 45 minutes 15 seconds East; thence departing Panorama Drive along the arc of said curve through a central angle of 97 degrees 50 minutes 37 seconds an arc length of 34.15 feet to a point of reverse curve, said point being on the Northerly right of way line of El Largo Boulevard, and said curve being concave Southerly and having a radius of 302.00 feet, a radial line passing through said point bears North 22 degrees 05 minutes 22 seconds East; thence along the arc of said curve through a central angle of 68 degrees 15 minutes 22 seconds an arc length of 359.77 feet; thence South 43 degrees 50 minutes 00 seconds West a distance of 340.76 feet to the beginning of a tangent curve concave Northerly and having a radius of 220.00 feet; thence along the arc of said curve through a central angle of 80 degrees 25 minutes 00 seconds an arc length of 308.78 feet; thence North 55 degrees 45 minutes 00 seconds West a distance of 137.00 feet to the beginning of a tangent curve concave Southerly and having a radius of 330.00 feet; thence along the arc of said curve through a central angle of 22 degrees 35 minutes 00 seconds an arc length of 130.07 feet; thence North 78 degrees 20 minutes 00 seconds West a distance of 303.80 feet to the beginning of a tangent curve concave Southerly and having a radius of 380.00 feet; thence along the arc of said curve through a central angle of 26 degrees 50 minutes 00 seconds West a distance of 177.96 feet; thence South 74 degrees 50 minutes 00 seconds West a distance of 243.15 feet; thence departing El Largo Boulevard North 15 degrees 30 minutes 00 seconds West a distance of 15.00 feet to the Southeast corner of Parcel No.2, Maricopa County Recorders Number 86-385919; thence continuing, North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 2, a distance of 143.00 feet to the Southeast corner of Parcel No. 4B, of said Recorders Number; thence continuing North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 4B, a distance of 182.00 feet to the Southeast corner of Parcel No. 5, of said Recorders Number; thence continuing North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 5, a distance of 74.63 feet to the beginning of a tangent curve concave Easterly and having a radius of 640.00 feet; thence along the arc of said curve through a central angle of 05 degrees 56 minutes 56 seconds an arc length of 66.45 feet; thence departing said Parcel No. 5, and continuing along the arc of said curve through an central angle of 04 degrees 23 minutes 05 seconds an arc length of 48.98 feet; thence North 05 degrees 09 minutes 59 seconds West a distance of 108.06 feet; thence North 09 degrees 23 minutes 30 seconds East a distance of 105.00 feet; thence North 15 degrees 52 minutes 00 seconds East a distance of 249.00 feet; thence North 69 degrees 21 minutes 52 seconds West a distance of 86.05 feet to the POINT OF BEGINNING. Easement Parcel: Said easement being 8.00 feet in width lying 4.00 feet on each side of the following described centerline: COMMENCING at the South quarter corner of said Section 14; thence North 35 degrees 05 minutes 22 seconds West (assumed bearing) a distance of 1589.81 feet; thence North 78 degrees 20 minutes 00 seconds West a distance of 131.84 feet; thence North 15 degrees 23 minutes 24 seconds East a distance of 35.59 feet to the Southerly edge of a 3.00 foot by 5.00 foot equipment pad area, said area being a part of this easement and being the POINT OF BEGINNING of the herein described easement; thence continuing North 15 degrees 23 minutes 24 seconds East a distance of 2.04 feet to a point within said pad area; thence North 64 degrees 20 minutes 30 seconds West a distance of 91.89 feet to a point on the Easterly edge of a 3.50 foot by 3.50 foot equipment pad area, said area being a part of this easement; thence continuing North 64 degrees 20 minutes 30 seconds West a distance of 1.77 feet; thence North 17 degrees 47 minutes 34 seconds East a distance of 4.54 feet; thence North 33 degrees 32 minutes 49 seconds East a distance of 42.38 feet to the Southerly edge of a 7.50 foot by 5.50 foot equipment pad area said area being a part of this easement and therein terminating. CAUTION: Facilities placed within the Easement Property 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 Property. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, the Easement Property 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 Property 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. 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 day of � u 1 THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Its r-h v Y' U By Its STATE OF Z&Z1 A) ss COUNTY OF The foregoing instrument was acknowledged before me this 2�&' of �- , 1'/ , by p and as andAjbna respectively, of THE TOWN OF FOUNTAIN HIL S, an Arizona municipal c rporation, on be if of such corporation. My Commission Expires: Notary Public OFFICIAL SEAL EVELYN J. 6ENDE Notary Public -State of Arizona Nota /Sa m. expires Aug. 28, 2003 Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1131 and 11-1132 pursuant to the exemptions set forth in A.R.S. Sections 11-1134(A)(2) and (A)(3). PLEASE NOTE The County Recorder WILL NOT RECORD any document that has any portion of print, signatures, notary stamps or initials in the 1/2 inch margins on the sides, or bottom of a page. Therefore, please be very careful not to let your signature, initials or notary stamp go into any part of these areas, or it will result in the document being rejected. Saros1JMM..:fl=Wocs:KEB-431 /bJb I. Q� pr. 3.a T� /I \ 'e / I \ / / \ � O \ O 2W O \\ V7 4Ch M \ \F\•Or y / Y FY �l l 9R tNh jpry�2 C4 Qp v� ttt N 8Qe �o W j8 � WW :tea i J �gd �W Nth �SpqO \\ � r� r•� - F / F , i O 1 o l Chron �... 4 , a a that is A TO: Honorable Mayor and Council FROM: Randy L. Harrel, Town Engineer I THROUGH: Bill Farrell, Acting Town Manager DATE: August 9, 2001 Town of FOUNTAIN HILLS Engineering Department MEMORANDUM RE: Lakeside Village Street Lights Request for transfer of responsibility to Town The Lakeside Village Association, by letter of May 22, 2001, has requested that the Town of Fountain Hills consider taking over and assuming the financial responsibility for the street lighting on both sides of the street right-of-way around Fountain Park and on Panorama Drive. A copy of their request letter is attached. Councilman Wyman has requested via e-mail (attached) that this item be considered at this time by the Council. The Association had previously made a similar request on October 22, 1996. The Council considered that request on September 4, 1997; it died for lack of a motion. (Note: At that same time, the Council had agreed to assume responsibility for the median maintenance on Panorama Drive and El Lago Boulevard.) To date, the Council has maintained a "dark skies policy", and the Town itself does not have any general area streetlights. The Town does have a number of luminaires on traffic signal poles for intersection safety, ball field and general lighting at several parks, and has several lighted parking lots. Staff is not aware of any changes (other than an increase in the monthly bill to $577.42 per month) since our memo of August 29, 1997, and have attached that memo with its attachments. If the Council wishes to proceed with assuming responsibility for these street lights at this time, you may wish to first direct staff to proceed with a technical evaluation of the current lighting adequacy, condition, need, and Salt River Project contract for these lights. bb att. 5-22-01 letter from Lakeside Village Association 7-14-01 E-mail from Councilman Wyman 8-29-97 Staff Memo to Council with attachments cc: Scott Brendemuhl/Lakeside Village Property Manager Tom Ward Bryan Hughes Lakeside Village Street Lights.doc Page I of I LAKESIDE VILLAGE ASSOCIATION, INC. May 22, 2001 TO: Mayor, Council Members and Town Manager Town of Fountain Hills 16836 East Palisades Blvd. Fountain Hills AZ 85268 FROM: Lakeside Village Association RE: Lighting Maintenance Lakeside Village Association, Inc. As you may or may not know the Lakeside Village Association is the Master Association for several projects near and around Fountain Park. We, the below signed Presidents of the Master Association and of each sub -association Board represent approximately 772 unit members at build -out. The Master Association's primary function is to maintain street lighting, common areas and water features around the park. The reason we are writing is to respectfully request that the Town of Fountain Hills consider taking over and assuming the responsibility and costs of one of the areas. The street lighting around the park and down Panorama Drive to Morningside. These are leased from Salt River Project who maintains them. The current cost of the lighting is five hundred seventy seven dollars and forty-two cents ($577.42) per month to the Association. The Association would continue the maintenance of the water features and other landscaped common areas. The principal reason and rationale for this is that the lighting is in the right of way and is a direct benefit to the entire town. On behalf of all the residents within Lakeside Village, we ask that your strongly consider this request at your earliest convenience. If you have any questions, etc. please feel free to correspond through our Property Manager, Scott Brendemuhl at Fountain View Realty, Inc. Scott Brendemuhl Fountain View Realty, Inc. PO Box 18450 Fountain Hills AZ 85269 (480) 837-3156 Sincerely, William Wadsworth President, Lakeside Village A 3azi � V - -e, >J �� Charles ubbard— resident Charles Frink — President Dan 1 Lakeside Resort Castias Lakeside Patio Homes Bella Al eonception — President Arc/i�a}Del Lago l Mirage Heights Robert Israel — Isresident Rancho Montana Dan Evander — rrmdent Puerto Del Lago Mike Wessle - President Di to Del Lago Brannon, Betty Irom: Brannon, Betty Sent: Wednesday, July 18, 2001 2:41 PM To: Harrel, Randy; Ward, Tom Subject: FW: Lakeside Village Association/Lighting Maintenance Have either of you seen this a -mail from John Wyman? Betty -----Original Message ----- From: Wyman, John Sent: Saturday, July 14, 2001 12:41 PM To: Wyman, John Subject: Lakeside Village Association/Lighting Maintenance Dear Colleagues, I've received a couple of personal letters, and a few direct questions, regarding our thoughts on the subject issue (described in Scott Brendemuhl's May 22, 2001 letter addressed to the Council and the Town Manager). I have a py of Mr. Brendemuhl's letter, but haven't seen a reply, although there may have been one. Just prior to my joining the Council on June 1, 1998, Warren Navis & Bill Wadsworth, the two non-MCO members of the Master Association, spoke with me about having the Town assume responsibility for the lighting. The issue has some history. Here's info from my files: 0 At the time Navis & Wadswoth spoke to me, they were the only resident members of a 5-person board of diectors. The other 3 were MCO personnel. As of 12/31/99, however, the MCO guys withdrew; the board is now entirely composed of Lakeside Village residents. 0 October 22, 1996: Mr. Brendemuhl's letter (countersigned by all eight sub -association presidents) on behalf of the Master Association, requested the Town assume responsibility for the lighting and maintenance of the median landscaping, all of which had been handled by the Lakeside Village Association up to that time. Since that time, the eight sub -associations have been joined by Bella Lago and Diamante Del Lago, for a new total of 10-sub-associations. Paul Nordin's March 5, 1997 letter to Brendemuhl denied the Association's request, citing the Town's concern about establishing an inappropriate precedent. O At its May 1, 1997 meeting, the Town Council did agree to assume responsibility for the El Logo & Panorama lanscaping & irrigation systems, ut denied the lighting question. Reference FH Times article dated May 7, 1997 & Randy Harrel's May 21, 1997 letter to Brendemuhl. O June 23, 1997: Brendemuhl wrote again to the Council & Town Manager, requesting that they assume lighting responsibility. O Randy Harrel's August 1, 1997 memo to the Town Council noted the Town's long standing "Dark Skies" policy, and suggested the lights around the park might be turned off at some point, to determine whther or not Town security would or would not be compromised (a point made by the Lakeside Village Association as to their importance). I am unaware of any conclusions drawn in this regard. O During the summer of 1998 I spoke with Robin Goodman (then Parks & Recreation Director) on the possibility of assuming responsibilty once Fountain Park renovations were completed. -The point: Thinking the Town might have some leverage with SRP once the Phase I changes were in place, etc. Robin thought it possible, but thought it best to await Fountain Park development. I believe the time has come for the Town to take over these particular lights. I have no interest in assuming responsibilty for a neighborhood sociation's perk's and/or obligations; but this situation is different. Is the security of the Fountain Park recreational area enhanced by the existence of this lighting? I believe it is! Also, considering the universal concern regarding energy conservation currently sweeping the western section of the country, we might even find that SRP would be pleased to relax their present policy of requiring all 27 lighting fixtures to function (a requirement of their present agreement with the Lakeside Association e a cost of about $7,000 per year). The Association would like to make a presentation to the Council regarding the issue. I'd be glad to sponsor an appropriate agenda item, but will leave a decision to Mayor Morgan as to whether or when. It might also be appropriate for acting Town Manager Farrell to have engineering look into the matter, as well as obtaining an opinion from law enforcement on the security question. Sincerely...............John Wyman CC: Mayor & Town Council Bill Farrell:Acting Town Manager S.Gendler: Public Safety Director R. Harrel: Town Engineer E TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Co I FROM: Randy L. Harrel, Town Enginee DATE: August 1, 1997 Revised August 29, 1997 RE: Lakeside Village Street Lights Request for Transfer of Responsibility to Town At the August 7, 1997 Council meeting, this item was continued to determine whether transfer of the lights to the Town would obligate the Town to keep the lights on in perpetuity due to deed obligations. Bill Farrell has opined in the attached letter that it will not. The Town would, however, be obligated to pay the amounts shown in the SRP agreements if the lights were discontinued prior to the end of the 20-year lease (Year 2009). Please recall that at the May 1, 1997 Council meeting, the Council voted to assume operation and maintenance responsibility for the El Lago and Panorama medians from the Lakeside Village Association. The Council took no action then regarding the Association's request to transfer responsibility for the street lights to the Town. The Association has provided additional information regarding the street lights (attached). They have also offered to have the lights turned off for a period some night for comparison. We will advise you as to when and if this will occur. There are 26 street lights, located as follows: • On Panorama (on Fountain Park frontage): • On Panorama (across from Fountain Park): • On El Lago (across from Fountain Park): • On Panorama (south of El Lago): Total 5 6 9 7 27 (per maps, SRP lease indicates 26) The leases are somewhat unclear, but Jeanette Uriarte from SRP has verified that SRP maintains the electrical wiring and poles, and charges a flat monthly rate of $577.59 ($6,931 per year). There would be no change in the lease structure or rate if transferred to the Town. To date the Council has maintained a "dark skies policies". The Town currently does not have any general area street lights. The Town does, however. have street light luminaires above each of its traffic signal poles for intersection safety. The Town also operates ballfield lights at Golden Eagle Park and Four Peaks Park. and parking lot lights at several Town parking lots. We are aware of private street lights in the following in -Town locations (though there may be some others): Owner Number • Lakeside Village Association 26 • Fontanas ? • Courtside Villas 22 • Glenbrook 12 • La Vida Buena 10 This is truly a Council policy decision. Staff takes no position regarding the assumption of responsibility for the Lakeside Village street lights. cc: Scott Brendemuhl via Fax att. EALAKE V ILLALH AU9 29 97 01:53P William E. Farrell lbui�l bbl-/4:34 P.e WILLMM E. FARRELL To6phone (6m) 661.6o44 F"-16 (602) 661-7454 WIUIam E. F&MU Andes J. Mcch in MEMORANDUM TO: Mayor and Council Town Manager Town Clerk Town Engineer FROM: William E. Farm Town Attorney DATE: August 29, 1997 RE: Street lighting Costs - Lakeside Village Association Bvit. 220 10135 Eaet VIA Lnaa 6rottoL1k, AA.. 852585312 This office has been presented with copies of three agreements between Salt River Project and the Lakeside Village Association as well as a copy of the conditions, covenants and restrictions for Lakeside Village. Council requested an opinion as to whether or not the Town would be obligated by either the agreements or the conditions to continue to pay for street lighting services if the Council assumed the obligation presently held by the Association. The answer to the question is that the Council would not be able to terminate the agreement with Salt River Project without the payment of a fee representing the number of months left on the original agreement as determined by Salt River Project. All three of the agreements provided to me were for twenty (20) years in duration and were all executed in 1989. Since the lights are installed in the public right of way it would be our opinion that the conditions, covenants and restrictions of the Association are not applicable to this agreement and that the sole terms and conditions of the agreement are those printed by Salt River Project. The cancellation provision is clearly contained in the printed provisions of the agreements. Respectfully submitted, William E. Farrell Town Attorney 7-1WPDATATHU-A MIDE.MEM _ Fountain View Realty ***MEMORANDUM*** June 23, 1997 TO: TOWN OF FOUNTAIN HILLS * MAYOR * COUNCIL MEMBERS * PAUL NORDIN * RANDY HARREL FROM: SCOTT BRENDEMUHL FOUNTAIN VIEW REALTY RE: STREET LIGHTING LAKESIDE VILLAGE ASSOCIATION ,,. The Lakeside Village Association Board of Directors has asked that I write a formal request to ask that you again consider the Town taking over the lighting around Fountain Park and from El Lago Blvd. along Panorama to Morningside. It was discussed briefly at the 5/01/97 Council meeting and I believe the Mayor indicated that he wanted to have a chance to look at the lighting at night, etc. and then bring it before the Council at a later time These lights, unlike other subdivision lights, illuminate not only major public streets but also the Community park and provides all residents and visitors safety and access at night. The lights and poles are leased from Salt River Project so that there is only a flat monthly fee for both electricity and maintenance. I have enclosed a copy of the lease for reference. If you would like I can try and arrange for SRP to leave the lights off for one night to see what the difference is. On behalf of the Lakeside Village Association I respectfully ask that this request be placed on the agenda at the next convenient Council meeting for vote. If you have any questions please feel free to contact me at 837-3156. Thank you. cc: Board of Directors TC'.i'l CF F^_'-',TAIN HILLS J U N 2 7 1997 ENGINEERING DEPARTMENT 34E i� J72C SEC 14 SW T. 3N R. 6E CONTRACT CLASSIFICATION L STREET LIGHT-SRP 0 DUSK/DAWN LIGHT-SRP • OUSK/DAWN LIGHT -CUSTOMER -LAMP S POWER ONLY ❑ MUNICIPAL LIGHT -POWER ONLY 0 MUNICIPAL LIGHT -REFERENCE ONLY ■ MUNICIPAL LIGHT -LAMP 6 POWER ONLY ;N SCALE: 1" -400' 0 200 400 SALT RIVER PROJECT AUTOMATED MAPPING / FACILITIES MANAGEMENT WATER ANO POWER PHOENIX, ARIZONA LIGHTING EXHIBIT MAP NO. 34E - 15N MAP CODE CF-14-SW REVISION DATE 02-15-95 34F SEC 14 NW T. 3N R. GE CONTRACT CLASSIFICATION STREET LIGHT-SRP 0 DUSK/DAWN LIGHT-SRP • OUSK/OAWN LIGHT -CUSTOMER -LAMP 6 POWER ONLY ❑ MUNICIPAL LIGHT -POWER ONLY 0 MUNICIPAL LIGHT -REFERENCE ONLY MUNICIPAL LIGHT -LAMP S POWER ONLY 16N 52 N 342E SCALE: I" •400' 0 200 400 SALT RIVER PROJECT AUTOMATED MAPPING / FACILITIES MANAGEMENT WATER AND POWER PHOENIX, ARIZONA LIGHTING EXHIBIT I MAP NO. 3 4 E — 15 1/2N MAP CODE CF-14-NW REVISION DATE 05-04-94 Alrrc MuA' S tl A 5' f]0 it i b+ rnaA 152N z O o � 1 w o H 1 W a O o I a a I z 0� C P�0 'Boo 1 � o bq5 O O� I 1 (:77, �94 O / 04))!95 \/ / I 1` O F OQ414 1 9� � Rips f o c° oR 1 1 5 N 342E°'35E SEC 14 SE T. 3N R. 6E SCALE: 1" •400' 0 200 •00 CONTRACT CLASSIFICATION 0 STREET LIGHT-SRP O DUSK/DAWN LIGHT-SRP DUSK/DAWN LIGHT -CUSTOMER -LAMP & POWER ONLY ❑ MUNICIPAL LIGHT -POWER ONLY ® MUNICIPAL LIGHT -REFERENCE ONLY ■ MUNICIPAL LIGHT -LAMP & POWER ONLY r , 8l•t�393 REV. 7187 PRIVATE AND SECURITY LIGHTING AGnFEMENT CUSTOMER NAME ACCOUNT NUMBER r' /I S S a Ld- , - O' INSTALLATION ADDRESS pwuic )TIA C !— I 2Y ETER NUMBER I I I I COORDINATE LOCATION CITY ZIP CODE I REMARXS: CARE OF NAMEID B A 5O MAILING DRESS I I RATE CITY STATE ZIP CODE TERMS OF AGREEMENT %G I Col ❑ 3 YEARS ❑ 4 YEARS 20 YEARS PROJECT LIGHTING STYLE OWN STYLE LUMEN LITES SIZE POLES EXT. SIZE I ARMS COMP. UNIT PRICE AMOUNT CODE ,� �± C !a2 _'5- /J r ds �• Y9 7 7- yY PRICE 1 -. CODE PRICE CODE 3 L I T I PRICE This agreement authorizes Salt River Project to install, maintain, render billing, and remove unmetered righting service as BASIC MONTH CHARGE licated herein, in accordance with the terms and conditions set forth with the Rate Schedule `G7 PLUS TAX ANO FUEL drithar this agreement not the service supplied thereunder, shall be ttanslerable by Customer without written consent o/ ESCALATION c)179 a� USTO R SIGNATURE DATE I PRINT NAME & TITLE CUSTOMER PHONE NO. 3 /l CUSTOMER REQUIREMENTS: SRP REPRESENTATIVE DATE V_ CONTRACT DATE RELATED JOB ORDER NO. 40 ACRE MAP NO. TAX CODE NO. 1. STAKING RESPONSIBILITIES ❑ 5. REPLACING LANDSCAPE SPRINKLERS C7 2. LOCATING CUSTOMER FACILITIES ❑ AND OTHER OBSTRUCTIONS. 3. TRENCHING 236.2815 ❑ 6. COLOR BLACK BROWN ❑ A. PRE -CONSTRUCTION MEETING GRAY OTHER B. TRENCH INSPECTION 7. PROJECT PHASE DATES AND PLANS ❑ 4. DIMENSIONED SITE PLAN ATTACHED ❑ B. CALL 236.8731 FOR SCHEDULING ❑ BILLING CODE LIGHT NO. A' O 30 3 BILLING CODE LIGHT NO. BILLING CODE LIGHT NO. JOB ORDER NO. COMPLETION DATE Z CODE ATTACHED FOREMAN CONDITIONS - - A. Customer shall pay for such lighting service pursuant -to the terms and conditions set forth in the Electric Rate Schedule, E-52, this Agreement and the District Rules and Regulations which are by reference incorporated herein. Copies of the Electric Rate Schedule and Salt River Project Rules and Regulations are available for inspection in the offices of District. Excerpts from the E-52 Electric Rate Schedule are listed below for the customer's convenience and as such are not given greater or lesser weight than the complete schedule or the Salt River Project Rules and Regulations. B. Monthly bills will not be reduced because of lamp outages or temporary turnoff requested by the customer. The customer must notify the District when lamp outages occur. C. A customer may cancel a lighting service agreement by payment of the monthly bill including the ap- plicable tax adjustment, multiplied by the number of remaining months of the initial agreement, or the "up and down" costs for the installation, whicheveris lower. . D. A guarantee deposit may be required prior to installation.of the light(s). E. The point of delivery shall be at the base of the pole for underground installations and at the overhead attachment point when lines are run overhead. F. A customer may not make connections, attachments, or alterations to the electric lighting circuits or to the lighting equipment without the District's consent. G. A customer must pay for the cost of relocating a District -owned security lighting installation unless such relocation is made for the convenience of the District. H. Items for which no basic charge has been included in this schedule will be billed at a charge deter- mined by District management, subject to ratification or retroactive adjustment by the District Board of Directors within one year from the date of initiation of the charge.. I. Additions to or conditions relating to security lighting other than those contained herein will be by supplementary agreement between the customer and the District. J. A customer shall pay for the cost of additions to the security lighting system by a non-refundable contribution in aid of construction. K. Where any installation of underground service must be made in difficult areas such as under paving, in rocky terrain, etc., the District may require the customer to bear any additional costs of construc= tion as determined by District field survey. L. In the event it becomes necessary for either party to employ an attorney to enforce compliance with the terms of this Agreement, said party, if successful in enforcing its rights, shall be entitled to reim- bursement from the other party for reasonable attorney's fees, as determined by the court, and costs and expenses incurred in such enforcement. RE-1395 ` PRIVATE AND SECURITY LIGHTING ACREE�ENY CUSTOMER NAME AiQ ACCOUNT NUMBER 41_4�z. 1 C I " — IINSTALLATION ADDRESS I F z7a ATER NUMBER COORDINATE LOCATION CITY ZIP CODE I I REMARKS: �0 L /&/y, CARE Of NAME;U B A C' v0 MAILING SS o Q RATE s--c� CITY STATE ZIP CODE TERMS OF AGREEMENT: I IoZ�i ❑ 3 YEARS ❑ 4 YEARS 0 YEARS PROJECT LIGHTING STYLE NO. POLE Na ARM NO. UNIT OWN STYLE LUMEN LITES SIZE POLES EXT_ SIZE ARMS COMP. UNIT PRICE ApMOUNT CODE G19 D 15 - 4/ !. ) PRICE CODE PRICE CODE PRICE is agreement authorizes Salt River Project to install, maintain, render billing, and remove unmetered lighting service as BASIC MONTH CHARGE .Aicated herein, in accordance with the terms and conditions set forth with the Rate Schedule 5-0 PLUS TAX AND FUEL Neither this agreemenr nor the service supplied thereunder, shad be translerable by Customer without written consent of n;.r.,.• Th;. .n.­;. ­ k;; ♦..A. . ;. 16. ...I:..AI..... ..F.A.J. .. A'... ESCALATION $ — -_ CUSTOMER SIGNATURE OATE l�arizs It<r�S. PRINT NAME & TITLE t CUSTOMER PHONE NO.� CUSTOMER REQUIREMENTS: lam./ SRP REPRESENTATIVE DATE CONTRACT DATE RELATED JOB ORDER Na 40 ACRE MAP NO. TAX CODE NO. 1. STAKING RESPONSIBILITIES ❑ 5. REPLACING LANDSCAPE SPRINKLERS El 2. LOCATING CUSTOMER FACILITIES ❑ AND OTHER OBSTRUCTIONS. 3. TRENCHING 236.2815 ❑ 6. COLOR BLACK BROWN ❑ A. PRE —CONSTRUCTION MEETING GRAY OTHER B. TRENCH INSPECTION 7. PROJECT PHASE DATES AND PLANS ❑ 4. DIMENSIONED SITE PLAN ATTACHED ❑ B. CALL 236.8731 FOR SCHEDULING ❑ BILLING CODE LIGHT NO. BILLING CODE LIGHT NO. BILLING CODE LIGHT NO. JOB ORDER NO. COMPLETION DATE Z CODE ATTACHED FOREMAN - - et forth in the which are by `'roject Rules and E-52 Electric. Rate 1 greater or lesser uested by the 1 including the ap- agreement, or the nd at the ghting circuits or Istallation unless a charge deter- -ie District Board rein will be' by on -refundable as under paving, sts of construo- compliance with entitled to reim- court, and costs KM 9 9 83-1396 REV .6/89 _ .UVEr PkFiKff F.N SECOVY LIGHTING • LFASIKA CONTRACT CUSTOMER NAME ACCOUNT NUM8E7; "1 1 So — _ INSTALLATION ADDRESS ETER NUMBER COORDINATE LOCATION CTTY ZIP WOE REMARKS: CARE OF N EID B A RATE ❑ DUSK/E-52 PRIVATE/E-50 o e P MAILING ADDRESS LINE EXT. (CONDUCTOR) (L�j�) O CITY STATE 7JP CODE TERMS OF AGREEMENT: G % ❑ 3 YEARS ❑ 4 YEARS 20 YEARS rROJtGr LIGHTING STYLE LTTE OTY. POLE SIZE POLE M. LINE ARM ARM 3 r UNrT OWNER STYLE LUMENS EXT. SIZE M. -5 m PRICE AMOUNT CODE L� 3o 3� g 4 6'iS9/ Cl U� �o • S.9 /y3.19 si �/ PRICE S 9/ CODE PRICE CODE 3 DE BASIC MONTH CHARGE PLUS TAX AND FUEL ESCALATION ('II�T�IMF R RESPONSIBILITIES• 1. LIGHT STAKING RESPONSIBILITIES ❑ ❑ 2. LOCATING CUSTOMER OWNED FACILITIES ❑ ❑ 3. PROVIDE DIMENSIONED SITE PLAN . ❑ ❑ 4. REPLACE LANDSCAPING, SPRINKLERS ❑ ❑ & OTHER OBSTRUCTIONS 5. SCHEDULE THE FOLLOWING BY CALLING 236-2815. W A) PR5-CONSTRUCTION MEETING PRIOR TO Z TRENCHING ❑ ❑ B) TRENCH FINAL INSPECTION ❑ ❑ 6. WAIT DAYS BEFORE CALLNG ❑ ❑ 236-8731 FOR A TENTATIVE LIGHT INSTALLATION DOE: 7. Monies paid to SRP for county recording CUSTOMER INITIALS This agreement authorizes Salt River Project to install, maintain, render billing, and remove unmetered lighting services as indicated herein, in accordance with the terms and conditions set forth with the Rate Schedule Sio . Neither this agree- ment nor the service supplied thereunder, shall be transferable by Customer without written consent of District. This agreement is subject to chpne in the applicable rate schedule and/or standard ad' stments. / RESPONSIBLE PARTY (DATE SAP REPRESENTATIVE DATE Charles K. Clark. Pre ident $ PRINT NAME d TfTLE..-.. I . - -. . - _-� c, r RELATED JOB ORDER NO. ...- ;_. -- fi37-9660 1 a c! —fit /71 / G- �L /J'] _ '_ _.. _ C__......_ 40 ACRE MAP NO. ... �►19�i9 10MER PHONE NQ - - - �-- ! / ri �% -'TAX CODE NO. l = RECORDING N0. - Whits rnnv to Linhtina Div. CrolAanrnA to liahtinn Ree Pink to Gisrnmar A- his contract 3greemscit between the Salt FN4P'rojec.. A0cJKure & Powe: lrop.Nvement District, h6fsinafter referred to as SRP,..and,the custorKdf is a .leaso-agreement. The customer is entitled to all the rights and privileges of the lease as stated 'h6`eii_ B. C`�astomer shall pay for such lighting service pursuant to the terms and conditions set forth in the _ Electric Rate Schedule, E-50/E-52 ana any successor rate, this contract and the District Rules Regulations which are by reference incorporated herein. Copies of the Electric Rate Schedule and Salt River Project Rules and Regulations are available for inspection at the Business -Office. Excerpts from_, the E-50/E-52 and any sucessor rate Electric Rate Schedule are listed below for the customer's . convenience and as such are not given greater or lesser weight than the complete schedule or the Salt River Project Rules and Regulations. C. SRP will not do temporary light turn offs at customer request nor will monthly bills be reduced because of lamp outages. The customer must notify SRP when lamp outages occur by calling 236-8888. D. A customer may cancel a lighting service agreement by payment of the monthly bill including the applicable tax adjustment, multiplied by the number of remaining months of the initial contract, or the "up and down" costs for the installation, whichever is lower. E. A guarantee deposit may be required for the installation of the light(s). F. The point of delivery shall be at a_junction box point or handhole of the pole for underground installations and at the overhead attachment point when lines are run overhead. G. A customer.may not make connections, attachments, or alterations to the electric lighting circuits or to the lighting equipment without SRP's written consent. H. A customer must pay for the cost of relocating a SRP owned security lighting installation unless such relocation is made for the convenience of SRP. I. Items for which no basic charge has been included in this schedule will be billed at a charge determined by SRP management, subject to ratification or retroactive adjustment by the SRP Board of Directors within one year from initiation of the charges. J. Additions to or conditions relating to security lighting other than those contained herein will be by supplementary agreement between the customer and SRP K. A customer shall pay for the cost of additions to the security lighting system by a non-refundable contribution in aid of construction. L. Where any installation of underground service must be made in difficult areas such as under paving, in rocky terrain, etc., SRP may require the customer to bear any additional costs of construction'as determined by SRP field survey. - M. In the event it becomes necessary for either party to employ an attorney to enforce compliance with the terms of this contract, said party, if successful in enforcing its rights, shall be entitled to reimbursement from the other party for reasonable attorney's fees, as determined by the court, and costs and expenses incurred in such enforcement. Legal description: _ - tom, ., t..._: .• - _ ;� \` MEMORANDUM TO: Honorable Mayor and Town Council FROM: Julie Ghetti, Supervisor, Accounting THROUGH: William E. Farrell, Town Attorney/Acft Town Manager RE: Ordinance No. 01-15 Tax Levy DATE: August 16, 2001 As part of the 2001-2002 budget process, the Council approved the Debt Retirement section in the amount of $2,826,750. This amount allows for the payment of principal and interest on all outstanding Town bond issues. Of that amount, $1,379,000 is for the voter -approved General Obligation Bonds for the street paving project, the Lakeside open space, the Library/Museum and an allowance for the anticipated open space preserve bonds. �,.. The approval of Ordinance 01-15 is the final step in the budget process and authorizes the Maricopa County Finance Department to levy the appropriate property tax necessary to make the debt service payment for fiscal year 2001-2002. There is a difference between the amount adopted with the budget and the actual tax levy of $1,338,094 that will be approved in Ordinance 01-15. This is due to adjustments for prior year carry -forward, interest earnings, a delinquency factor and credit for SRP in -lieu taxes. Staff recommends approval of Ordinance 01-15. Note: Based on the final assessed property valuation of $238,714,537 the approximate tax rate per $100 of assessed value will be $0.5605 or $56.05 per $100,000 residential home. n