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Home My WebLink AboutRes 2018-33RESOLUTION NO. 2018-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, GRANTING A POWER DISTRIBUTION EASEMENT TO SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. A power distribution easement, in the form attached hereto as Exhibit A and incorporated herein by reference, is hereby granted to Salt River Project Agricultural Improvement and Power District through, over, under and across and along property depicted and described in Exhibit A. SECTION 2. 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, Maricopa County, Arizona, this 1 st day of May, 2018. FOR THE TOWN OF FOUNTAIN HILLS: "X�t nda M. I vanagh, ayor REVIEWED BY: Oa,,,A, <,, 11--� Grady E.' er, Town Manager PHOENIX 77018-1 4541230 ATTESTED TO: i •�.1t1j.1 ��iA APPROVED AS TO FORM: M' s tel, Itf own Attorney Dison Wright PLLC Page 1 of 2 EXHIBIT A TO RESOLUTION NO. 2018-33 [POWER DISTRIBUTION EASEMENT] See following pages. Page 2 of 2 PHOENIX 77018-14541230 WHEN RECORDED IMAIL TO. SALT RIVER PROJECT Land Department/PAB350 P. O. Box 52025 Phoenix, Arizona 85072-2025 EXEMPT PURSUANT TO A.R.S. §§ 11-1.134(A)(2) and (A)(3) POWER DISTRIBUTION EASEMENT Maricopa County Agt. HAS Parcel # 176-13-617W Job # LJ64660 / T2172873 SE Y., SEC. 21, T03N, R06E WAS_ C -�3/19/18 The Town of Fountain Hills, an Arizona municipal corporation, hereinafter called Grantor, for and in consideration of the sum of Ten Dollars, and other valuable consideration, receipt and sufficiency 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, and its successors and assigns, hereinafter called Grantee, for use by Grantee and Grantee's employees, contractors, licensees, and invitees, a non-exclusive easement to construct, install, reconstruct, replace, remove, repair, operate and maintain underground electrical conduits and conductors, pipes, cables, switching equipment, transformers, pad -mounted equipment, enclosures, manholes, vaults, and all other appliances, appurtenances and fixtures (collectively, "Facilities") for the transmission and distribution of electricity, communication signals and data, and for all other purposes connected therewith at such locations and elevations, in, upon, over, under, across, through and along the Easement Parcel (defined belpw), as Grantee. may now or hereafter deem convenient or necessary from time to time, together with the right of access to and from the Easement Parcel, over, across, through and along Grantor's Property (defined below) (collectively, the "Easement"). Grantee is hereby authorized to permit others to use the Easement for additional Facilities jointly with or separately from the Grantee for their purposes. The lands in, upon, over, under, across, through and along which the 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 the Southeast quarter of Section 21, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described in SPECIAL WARRANTY DEED Instrument 2015-0186349 records of Maricopa County, Arizona. Easement Parcel: Said easement being a strip of land 8.00 feet in width, lying 4.00 feet on each side of the line described as "CENTERLINE OF 8' EASEMENT" delineated on Exhibit "A" (TOFH FS ##2 P111 PRIMARY RELOC, SRP Job No. T2172873), prepared by Salt River Project A.I. & Power District, dated 03-12-15, said Exhibit "A" attached hereto and made a part hereof. Said easement ALSO to include the equipment pad area as described and/or depicted on said Exhibit "A". CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical equipment. Notice is hereby given that the location of underground electrical conductors or facilities must be verified as required by Arizona Revised Statutes, Section 40-360.21, et seq., Arizona .Blue Stake Law,rior to any y excavation. The Easement is governed by the following terms and conditions: 1. Modification of Easement Parcel. Grantor acknowledges that field conditions may result in the Facilities being installed within Grantor's Property in a location that is not within the Easement Parcel. After the completion of any construction or installation outside of the Easement Parcel, Grantee shall obtain Grantor's agreement with and execution of an amendment to this Easement modifying the legal description of the Easement Parcel to reflect the actual location of the Facilities (the "Amendment"). Upon the recordation of the Amendment, such revised legal description shall have the same force and effect, and create the same priority of interest, as if recorded concurrently with this instrument. Grantor may consent to the execution and recordation of the Amendment through the exercise of its sole discretion. 2. Prohibited Activities. Grantor shall not, whether directly or indirectly by granting permission, construct, install, or place any building or other structure, plant any trees, drill any wells, store materials of any kind, or alter the ground level, within the Easement Parcel. This paragraph 2 does not prohibit the use of the Easement Parcel for such purposes as landscaping (except trees), paved parking, sidewalks and/or driveways, provided that such use is otherwise in accordance with the terms of this Easement, and does not interfere with the efficient operation and maintenance of the Facilities, including access thereto. To obtain clarification as to whether or not a particular construction activity is prohibited by the first sentence of this paragraph 2, Grantor may request Grantee's prior written approval to grade or install improvements ("work") within the Easement Parcel by submitting all construction, grading, or other development plans, as applicable, describing the proposed work. Grantee may grant or deny such approval through the exercise of Grantee's sole discretion, provided that Grantee's review and right to approve shall be limited to whether the proposed Work conflicts with the existing Facilities, including access thereto. Any such approval is hereby subject to Grantor complying with all other provisions of this Easement. 3. Clear Areas. 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 area that extends 12.00 feet immediately in front of all transformer and other equipment openings ("Clear Areas"). No improvements, fixtures, trees, shrubs, or other obstructions shall be placed within the Clear Areas. Grantee shall have the right (but not the obligation) to remove any obstructions within the Clear Areas. 4. Additional GranteeRi hits,. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, or which encroaches into, the Easement Parcel or the Clear Areas, whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. Grantor agrees that any fences or walls which now cross or hereafter cross Grantor's Property will not prevent Grantee's access to the Easement Parcel or the Facilities. Grantor further agrees that Grantee can use gates on all such fences or walls for such access. 5. Perpetual Nature of Easement. The Easement, and Grantee's rights hereunder, shall be perpetual., and shall not terminate until, and unless abandoned through the recordation of a document formally abandoning the Easement, which references this instrument and is executed and acknowledge by Grantee. Upon such recordation, all Grantee's rights hereunder shall cease, except the right to remove any and all property placed upon the Easement Parcel within a reasonable time subsequent to such abandonment. 6. Successors and Assigns. The benefits and burdens, and the covenants and agreements herein set forth shall run with and burden the land and shall extend and inure in favor and to the benefit of, and shall be binding on Grantor and Grantee and their successors and assigns. 7. ghts and Remedies Cumulative. The rights and remedies hereunder are cumulative, and the exercise of any one or more of such rights or remedies shall not preclude the exercise, at the same or different times, of any other right or remedy available. 8. Private Use. The provisions of this Easement Agreement are not intended to and do not constitute a grant, dedication, or conveyance for public use of the Easement Parcel. The rights herein created are private and for the benefit only of Grantor and Grantee and their successors and assigns. 9. Warranty of Title. Grantor represents and warrants that: (i) fee simple title to the Grantor's Property and Easement Parcel is vested in Grantor, and (ii) Grantor has full power and authority to grant the Easement and to perform its obligations under this document. 10. Authority to Bind Grantor. The individual executing this document represents and warrants: (i) that he or she is authorized to do so on behalf of Grantor, and (ii) that he or she has full legal power and authority to bind Grantor in accordance with the terms herein and, if necessary, has obtained all required consents or delegations of such power and authority (whether from any partner, owner, spouse, shareholder, director, member, manager, creditor, investor, developer, governmental authority, judicial or administrative body, Y association, or other person or entity). REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, The Town of Fountain Hills, an Arizona municipal corporation, has caused its name to be execuAed by its duly authorized representative(s), this day of The Town of Fountain Hills, an Arizona municipal corporation By Its By 4. Its j r - STATE OF CWnCq-, ) ) ss COUNTY OF VVV-U j C_e-)pc� The foregoing instrument was acknowledged before me this ,t day of DO , �I ' by LancQcc M,�,�VC� h ��h _and 4 f1. m , ��Q� , as tiY\ (L. A o & , and u,i-iiCc q 6' , respectively, of The Town of Fountain Hills, an Arizona municipal corporation, on behalf of such corporation. -% N ary Public My Commission Expires: 5 JENNIFER LYONS l„ Notary Public, State of Arizona Maricopa County My Commission Expires April 09, 2019 Notary Stamp/Seal Legal Approved Form_04-20-2017_mcm EXHIBIT /'A/' SEE DETAIL SHEET 3 SEE DETAIL SHEET 4 176-13-617W 2015-0186349, M.C.R. 1041.49' _ _ ------------------ -------- S89°54'40"W-- (BASIS OF BEARINGS) SOUTH OUARTER CORNER SECTION 21 T3N HE FOUND GLO MONUMENT LVI: 1/16/18 SHE A SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT SRP LDWR NUMBER: 16-0591 -NC SCALE: N.T.S. AMP/ I.O. NUMBER:T2172873 SHEET: 2 OF 4 AGENT: SOLIZ 3/19/18 SHEET SIZE: 8.5"x11" DRAWN: BH REVISION: 0 CHECKED BY: CREW CHIEF: DOWNIE DATE: 3/12/18 FIELD DATE: 2/23/18 N NORTH I Z I R=800.00' L jam---- D=21' 16'00" L=296.94' O\J \ 2 55'\a o - 1595 —-86 --- -' - V 2637.35' BOULEVARD SOUTHEAST CORNER SECTION 21 T3N R6E FOUND GLO MONUMENT LVI: 1/16/18 SURVEY DIVISION LAND DEPARTMENT TOFH FS #2 PH 1 PRIMARY RELOC SE 1 /4 SEC 21v T3N-R6E 32.7E-14.1 N EXHIBIT 176-13-617C 176-13-617J „ A „ N NORTH DETAIL {V. T. S. 3.00' X 4.00' PULLBOX S86° 34' 45 "E , 304.1q S860 3' 45 "E 254.38' mom4.78 `------r--" n 24 9 . GO' T "�° SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT SRP L DWR NUMBER: 16 -0591 -NC SCALE: N # T . S . AMP/ I.O. NUMBER:T2172873 SHEET: 3 OF 4 AGENT: SOL I Z 3/19/18 SHEET SIZE: 8.5 "x 11 " DRAWN: BH REVISION: 0 CHECKED BY:OV ,� --17CREW CHIEF: DOWN I E DATE: 3/12/18 FIELD DATE: 2/23/18 S03 ° 54' 21 "W 3.10` 5.50' X 7.50' EPAD P--1503 176-13-617W 2015-0186349 M.C.R. 60m SURVEY DIVISION I F -)DM' LAND DEPARTMENT TOFH FS #2 PH 1 PRIMARY RELOC SE1/4 SEC,219 T3N-R6E 32.7E -14.1N NL "VL-3L'6ZC 3921-N£1 'LZ 03S V/L3S 0013H AdVVUdd L Hd Z# SJ HJ01 1N3W18Vd3a aNdl I) Q NOISIAIa 1.3Ai1f1S aaCEsZ7 RVU/Z :31VO 01313 SVZ6/� :3lVa 3 I NM00 : 33 l HO M383 :A9 03N33HO 0 : NO I S I AR H9 : NMV80 r, � � uS'8 :3ZIS 133HS 9U6I.1£ . -~` ZIIOS :1N30V b 30 b :133HS f RL 21: d39N1N *001 /dNd ' S' I ' N : 31VOS 3N-- t 650-9 L : d 39NnN d�101 ddS 10181SI0 83MOd Y 1N3N3AO8dnl 1vdn11n0Im 103 Odd HAId 11VS ,6Z'L9Z „ Ib, bS 0L � ,Oo' SS8 , L L' 9 „OS , U 000 ,00' SS9 Zo 106' IE „91,90020 ,00ISS9 to HION31 41130 Snian 3n8no _ 319V1 Rwo `M1 V nOaLiQ r ip „G b , k6 oW) LO 0 -C� ,Z6'b 0 az_ , I LO `n �� N 3„ L0, H o68S .6% ~� I CD `0S 30bd _ = `M1 V nOaLiQ I Z Mid ,5S t1 f~ - r— 1bIQbN cn 3„ LS, b I a18S (IVIGV8) ( 311) ,00 •s5 co 31r Sb,b�098S C) r- r ri C „ d„ 1I8IHX3 .d.3.N 16VE99 Lo -S IOZ MLO-EL-WI ,W 3„ bZ , 6b 068N LOSb-od 0U3 ,H09 X ,LL'b ,!Z'8 3„ELJ L 000S LOSt--Od �o OVd3 ,N*9 X ,B'b Co tV Ln 1 MOW m m ,bI'boc 31, Sb, K 0983 L4 -too go1=1 ,rC1,Vbo0=0 00 ' SS8=d EXHIBIT � r , I I ! I I21 I �\vvs I ' t I SITE �-- I SHE A BOULEVARD ARO--� VICINITY MAP {N. T. S. I t T3N R6E G&SRM ABBREVIATION TABLE EPAD ELECTRICAL EQUIPMENT PAD M.C.R. MARICOPA COUNTY RECORDER LVI LAST VISUAL INSPECTION N.T.S. NOT TO SCALE R/W R[GHT OF WAY NOTE: THIS JOB WORKS WITH SRP LDWR #17 -0406 -NCI AMP JOB ND. T22030420 LEGEND --------- SECTION AND CENTERLINE PROPERTY LINE W - —° — - � CENTERLINE OF 8` EASEMENT -- EXISTING EASEMENT SECTION CORNER AS NOTED EQUIPMENT PAD UNLESS 0 OTHERWISE NOTED ARE PART OF THE EASEMENT BASIS OF BEARINGS: THE ARIZONA STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83 DATUM. UNDERGROUND ELECTRIC POWER LINE RIGHT-OF-WAY, MARICOPA COUNTY ARIZONA CAUTION THE EASEMENT LOCATION AS HEREON DELINEATED 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 40-380.24, ET. SEQ., ARIZONA BLUE STAKE LAW, PRIOR TO ANY EXCAVATION* NOTES THIS EXHIBIT 1S INTENDED TO ACCOMPANY AN EASEMENT, ALL ALL ELECTRIC LINES SHOWN ARE MEASURED PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND TO THE WINDOW OF THE EQUIPMENT PAD NO ATTEMPT HAS BEEN MADE TO VERIFY THE LOCATION OF ANY BOUNDARIES SHOWN. THIS IS NOT AN ARIZONA BOUNDARY SURVEY. UNLESS OTHERWISE NOTED. SALT RIVER PROJECT SURVEY DIVISION AGRICULTURAL IMPROVEMENT x POWER DISTRICT ��I�' LAND DEPARTMENT SRP LDWR Nt1MBER:16-0591-NCSCALE: N.T.S. AMP/ I.O. NUMBER:T2172873 SHEET: 1 OF 4 TOFH FS #2 PH 1 AGENT: SQLIZ �z.. 3119118 SHEET SIZE: 8.5"x11" PRIMARY RELOC DRAWN: BH REVISION: 0 SE1/4 S 219 T CHECKED BY: (,(��c�L - CREW CHIEF: DQWN]E 32.7E-14olN DATE: 3/12/18 FIELD DATE: 2/23/18