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Home My WebLink AboutRes 2008-02G RESOLUTION NO. 2008-02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ACCEPTING A PUBLIC UTILITIES AND FACILITIES EASEMENT FROM SUNRIDGE CANYON COMMUNITY ASSOCIATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That certain real property generally located along Palisades Boulevard, at Sunridge Drive, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, is hereby accepted by the Town of Fountain Hills (the "Town ") from SunRidge Canyon Community Association for use as a public utilities and facilities easement. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and to execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, February 21, 2Q08, FOR THE W. J. REVIEWED BY: FOUNTAIN HILLS: Kathle n M. Zanon, Interim Town Manager 795342.1 ATTESTED TO: APPROVED AS TO FORM: - 0, j A /L /%-� Andrew J. McGuire, own Attorney EXHIBIT A TO RESOLUTION NO. 2008 -02 [Legal Description] A Traffic Signal and Sidewalk Easement, located at the southeasterly corner, and at the easterly 8', of Tract A of the Hilltop at Sunridge Canyon subdivision (Book 496, Page 49, MCR 99- 0268880), lying in the SE 114 of Section 17, T3N, R6E, G &SRB &M. 795342.1 When Recorded Mail To: Town Clerk Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 PUBLIC UTILITIES AND FACILITIES EASEMENT GRANTOR: SunRidge Canyon Community Association GRANTEE: Town of Fountain Hills, an Arizona municipal corporation (the "Town ") THIS PUBLIC UTIL TIES AND FACILITIES EASEMENT AGREEMENT (this "Agreement") is entered int�, 200 by and between the Town and Grantor for the purposes set forth below. RECITALS A. The Grantor is the record owner of certain real property at the location described and depicted on Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Area "). B. The Town and Grantor desire to enter into this Agreement for Grantor to grant to the Town a continuous and perpetual public utilities and facilities easement (the "Easement") over the Easement Area, for purposes of installing, operating, inspecting, maintaining, repairing, replacing or removing public utilities and public facilities, including, but not limited to, irrigation, fire hydrants, street lights, street pavement, curbs, sidewalks, traffic control signs /signals and equipment and all appurtenances thereto (the "Facilities ") as more particularly described herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference and the mutual covenants set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Grant of Easement. The Grantor hereby grants and conveys the Easement to the Town for the installation, operation, inspection, maintenance, repair, replacement or removal of the Facilities within such Easement. 2. Maintenance of the Easement. The Grantor shall not maintain the Easement Area in a manner that impairs the ability or capacity of the Town to fully utilize the Easement. 774906.1 a. Grantor shall not install or construct, or authorize to be installed or constructed, any building, structure, utility or other facility, nor shall Grantor drill any well, plant any trees, store materials of any kind, or alter ground level by cut or fill, within the limits of the Easement Area, without the prior, written consent of the Town. b. The Town shall restore or cause to be restored the Easement Area to substantially the same condition as practical in the event the Facilities require maintenance, repair, replacement and /or removal for whatever reason. C. The Town represents and warrants that the SunRidge Monument, generally located at the corner of Palisades Drive and Sunridge Drive, shall not be damaged, removed or relocated in connection with the Town's use of the Easement Area. 3. Indemnification. a. Town shall indemnify and hold Grantor harmless from any and all damages, costs, expenses, attorney fees, claims or liabilities arising from or relating to the use of the Easement Area by Town, its successors in interest, assigns, agents, employees, visitors or invitees. b. Town represents and warrants that it will maintain the Easement Area free and clear from any liens or encumbrances of any nature whatsoever in connection with Town's construction of improvements on the Easement Area or the use by Town of the Easement Area. 4. Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the assigns and successors and tenants of the parties hereto. 5. Attorneys' Fees. Either party may enforce this instrument by appropriate legal action and the prevailing party in such litigation may recover as part of its costs in such action reasonable attorneys' fees and court costs. 6. Additional Easements. Nothing contained in this Agreement shall prohibit Grantor from conveying additional easements for access, utility or other purposes through, over, under, upon, in, across and along the Easement Area to the owners of properties which abut the Easement Area or to government or quasi - governmental agencies; provided however, that no such additional rights or easements shall impair the Town's use of the Easement herein granted. 7. Entire Agreement. This instrument contains the entire agreement between the parties relating to Town's use of the Easement Area for traffic signal purposes. Any oral representations or modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the parties. 8. Cancellation by Town. This Agreement may be cancelled by the Town pursuant to ARIz. REv. STAT. § 38 -511. 774906.1 2 G �J IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Grantor" SUNRIDGE CANYON COMMUNITY ASSOCIATION, an Arizona non - profit corporation is . M n Name: J • 0 MJ0 Title: �I p es 1 ax 01 i 774906.1 k ACCEPTED BY: "Town" TOWN OF FOUNTAINAI�LLS, an Arizona municipal corporation / / W. J. Nichol4, Mayor ATTEST: V, wouffil) (ACKNOWLEDGMENTS) STATE OF ARIZONA ) ss. COUNTY OF /t G t CP� This instrument was acknowledV4before me on 2001 by +1- G the iiJ d / ` of SUNRIDGE CANYON COMMUNITY ASSOCIATION, an Arizona non - profit corporation, on behalf of the corporation. My Commission Expires: /:9-gb9 in and for the State of Arizona OFFICIAL SEAL JANE E. ROBINSOI Notary Public - State of Arizona MARIOOPA COUNTY M4 o ®mm: ex0irea JOB: AD. 9009 STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on 7t � 2 200e by W. J. Nichols, the Mayor of the TOWN OF FOUNTAIN HILLS,lan Arizona municipal corporation, on behalf of the Town of Fountain Hills. L otary ublic in and for the State of Arizona My Commission Expires: ® 774906.1 M OFFICIAL SEAL ANE E. ROBINSON Notary Public -State ofAeare MARICOPA COUNTY Y 00RIM: sxpif�a daft: 00, pow EXHIBIT A [Legal description of Easement Area] See following pages. 774906.1 Legal Description A Traffic Signal and Sidewalk Easement, located at the southeasterly corner, and at the easterly 8', of Tract A of the Hilltop at Sunridge Canyon subdivision (Book 496, Page 49, MCR 99-- 0268880), lying in the SE 114 of Section 17, T3N, ME, G &SRB &M. NO TOWN OF FOUNTAIN HILLS NEW TRAFFIC SIGNAL & SIDEWALK EASEMENT ACQUISITION EXHIBIT "A" HILLTOP AT SUNRIDGE CANYON, TRACT A ' LOT 1 LOT 3 LOT Z , r �XG �P COMMON ACCESS EASEMENT—.,, AND UTILITY EASEMENT / PRIVATE SEWER / ,�' / 10' PRIVATE / EASEMENT ,� �,`� ,/ SIDEWALK EASEMENT ' N 521310 1N ' NEW TRAFFIC SIGNAL & SIDEWALK EASEMENT r J ANp SEWER Ile IN Q- ol V , of of o �� -1 /' Jam\ Q5 TRACT N N 4 �2 � 11,315-120.1 _ / U A= 87'41'13" Q R= 25.00' \- 38.26' 'V o� � F � S E ol 20' 40' SCALE: 1" = 40' DATE: 10 -24 -2007 F � Q ' RANDY L � RREL / e / /