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Home My WebLink AboutRes 2008-4219 RESOLUTION NO. 2008-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ACCEPTING A TRAFFIC SIGNAL EASEMENT FROM STONERIDGE PROPERTY OWNERS ASSOCIATION, INC. 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, is hereby accepted by the Town of Fountain Hills (the "Town ") from Stoneridge Property Owners Association, Inc. for use as a traffic signal easement, in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and to execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, November 6, 2008. FOR THE TOWN OF FOUNTAIN HILLS ay . Schlum, Mayor REVIEWED BY: Richard L. Davis, Town Manager 915275.1 ATTESTED TO: Joe Bevelyn J. Bc�fderffown AS TO FORM: Andrew J. McGuire, Vown Attorney EXHIBIT A TO RESOLUTION NO. 2008-42 [Traffic Signal Easement Agreement] See following pages. 915275.1 LWhen Recorded Mail To: Town Clerk Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 TRAFFIC SIGNAL EASEMENT GRANTOR: Stoneridge Property Owners Association, Inc. GRANTEE: Town of Fountain Hills, an Arizona municipal corporation (the "Town ") THIS � � TRAFFIC SIGNAL EASEMENT AGREEMENT (this "Agreement ") is entered ✓/ into � 6 , 2008, 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 easement (the "Easement") over the Easement Area, for purposes of installing, operating, inspecting, maintaining, repairing, replacing or removing traffic control signs /signals and all appurtenances thereto (the "Facilities ") as is 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 to the Town a traffic signal easement 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. 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 772009.1 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. 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. 772009.1 2 CJ IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Grantor" STONERIDGE PROPERTY OWNERS ASSOCIATION, INC., an Arizona non -profit corporation ACCEPTED BY: "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Name: e- 9 /L L it-7- g w c- z y K Title: /2i2PSi2ej --�7 772009.1 ATTEST: ,f, - 11 (ACKNOWLEDGMENTS) STATE OF ARIZONA } ) ss. COUNTY OF / } This instrument was acknowledged before me on /� - , 20085 by If L RdA l.�C Z , the of STONERIDGE PROPERTY OWNERS ASS CIATION, C., an Arizona non - profit corporation, on behalf of the corporation. My Commission Expires: 4,1.69 1 d i v STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) / r Notary Public in and for the State of Arizona OFFICIAL SEAL HARRIET KOSMITIS Notary Public - State of Arizona MARICOPA COUNTY w My comm. expires April 22, 2010 This instrument was acknowledged before me on No t 7 , 2008, by Jay T. Schlum, the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona My Commission Expires: Z /� 2Z /' � v It-')- - 772009.1 4 OFFICIAL SEAL DOMINICK LABATE Notary Public - State of Arizona MARICOPA COUNTY My eofnrti: ftplfeA den: 91, 00111 772009.1 EXHIBIT A [Legal description and map of Easement Area] See following pages. Legal Description A Traffic Signal Easement located at the westerly 3' of Tract A of Fountain Hills Plat 606 -A (Book 428, Page 50, MCR 96- 0827095), lying in the SE 1/4 of Section 17, T3N, R6E, G &SRB &M. TOWN OF FOUNTAIN HILLS NEW TRAFFIC SIGNAL EASEMENT ACQUISITION EXHIBIT "A" PLAT 606 AMENDED, LOT 66 & TRACT A TRACT /'PY A o, % a` 01 " w THE VILLAS AT COPPERWYND LOT 3 N W E S 0 40' 80' IMNEEPMOn SCALE: 1" = 80' DATE: 10 -24 -2007 w sr II ' I 3' LOT -66 1 NEW TRAFFIC SIGNAL EASEMENT TRACT —A H.P.E. & D.E. ..W 10/.U/ N5 9 4�. . lal 9 2 M rn O v M LOT -16 2 LOT -65 F- SIERRA NORTE LOT -6? 191.6a' PLAT 606A k"-- a.00 3-- Y'z When recorded, please return to: I I Town of Fountain Hills I 16705 E. Avenue of the Fountains I Fountain Hills, AZ 85268 I I Attn: Planning & Zoning Department I I CAPTION HEADING: OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2008- 0986036 11/17/08 04:28 PM 7 OF 9 rnwneon TOWN OF FOUNTAIN HILLS, ARIZONA ACCEPTING A TRAFFIC SIGNAL EASEMENT FROM STONERIDGE PROPERTY OWNERS ASSOCIATIONS, INC. This is part of the official document. Copies Routed To: ❑ Administration ❑ Public Works ❑ Planning and Zoning ❑ CAD ❑ File ❑ Other ��AlNkjl z/ n o that is NV`" ASSOCIATED MYLAR MCR # BOOK OF MAPS ON PAGE