HomeMy WebLinkAboutOrd 2003-11 ORDINANCE NO. 03-11
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE DEDICATION OF AN
EASEMENT FOR ACCESS, CONSTRUCTION AND MAINTENANCE OF
PARKING FACILITIES USES TO THE BOYS & GIRLS CLUB OF
SCOTTSDALE, INC.
BE IT ORDAINED, BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the Mayor and Council of the Town of Fountain Hills (the "Town
Council") hereby approve the dedication of an easement for access, construction and
maintenance of parking facilities uses over certain real property of which it is the record owner,
generally known as "Town Parcel- Four Peaks Neighborhood Park", Maricopa County Tax
Parcel No. 176-04-354D, in accordance with the terms and conditions described in the easement,
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 execute all documents and take all steps
necessary to carry out the purpose of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
May 1, 2003.
FOR THE TOWN OF FO ► ' - HILLS: ATTESTED TO:
Il=r4-'& ..0on M. Beydler Mayor Bevelyn J. B der own Clerk
VI .1BBY-_-- 7->
APPROVED AS TO ORM:
Tim G. ickering,Town Manager Andrew J. Guire, Town Attorney
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When Recorded Mail To:
Town Clerk
Town of Fountain Hills
16836 E. Palisades Boulevard
Fountain Hills, Arizona 85323
EASEMENT FOR ACCESS, CONSTRUCTION AND MAINTENANCE OF
PARKING FACILITIES USES
GRANTOR: Town of Fountain Hills, an Arizona municipal corporation (the"Town")
GRANTEE: Boys &Girls Clubs of Scottsdale,Inc., an Arizona non-profit corporation.
THIS EASEMENT FOR ACCESS, CONSTRUCTION AND MAINTENANCE OF
PARKING FACILITIES USES (this "Agreement") is entered into icy / , 2003, by and
between the Town and the Grantee for the purposes set forth below.
RECITALS
A. The Town is the record owner of certain real property located near Calaveras
Avenue and Del Cambre Avenue, more particularly described as the "Town Parcel — Four Peaks
Neighborhood Park" according to the plat recorded in Book 141, page 18, in the records of
Maricopa County, Arizona.
B. The Town and Grantee desire to enter into this Agreement for the Town to grant to
Grantee a continuous and perpetual easement over the property (the "Easement") at the location
described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by this
reference (the "Easement Area") for construction and maintenance of a parking lot, as well as full
and free pedestrian and vehicular ingress and egress over, across and upon the described property.
AGREEMENT
NOW THEREFORE,the Town does hereby grant to the Grantee, its successors and assigns,
this Easement over the Easement Area on the following terms and conditions:
1. Grant of Easement. The Town hereby grants, sell and conveys to the Grantee, its
successors and assigns, forever, the continuous and perpetual easement through, over, upon, in,
across and along the Easement Area for the benefit of the Grantee, the Town and persons attending
or visiting the Four Peaks Elementary School, and their respective successors, assigns, heirs,
executors or personal representatives, tenants, lessees, guests, invitees, or the guests or invitees of
the tenants, for the purpose of full and free pedestrian and vehicular ingress and egress and for
construction and maintenance uses.
Lor• 2. Maintenance of the Easement. Grantee shall forever maintain the Easement Area.
Grantee shall not maintain the Easement Area in a manner that impairs the ability or capacity of the
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Town,pedestrians or vehicles to fully utilize the Easement.
2.1 Grantee shall not construct, install or place, or permit to be constructed,
installed or placed upon the property described herein any fence, wall, structure or other
improvement which shall interfere with or impede the public's right of full and free pedestrian and
vehicular ingress and egress over the Easement Area.
2.2 Grantee is obligated, at its expense, to pave, grade or otherwise improve the
surface of.the Easement Area for the construction of a parking lot, in order to facilitate the Town's,
Grantee's, and public's right of pedestrian and vehicular ingress and egress thereto.
2.3 Grantee shall be responsible for the cost of maintaining the Easement Area,
including, but not limited to, the decomposed granite, plant materials and irrigation and lighting
systems included within the Easement Area.
3. Termination. In the event that the Grantee fails to construct a parking lot within 5
years of the execution of this Agreement, the Grantee's rights hereunder shall cease and shall revert
to the Town. If Grantee records a document to formally abandon use of the easement granted
herein, all of the Grantee's rights hereunder shall cease and shall revert to the Town.
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, successors
and tenants of the parties hereto.
5. Attorney's 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 the Town
from conveying additional easements for access, utility or other purposes through, over, under, in,
across and along the Easement Area to 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 Grantee's use of the Easement herein granted.
7. Entire Agreement. This instrument contains the entire agreement between the
parties relating to the Grantee's use of the Easement Area for access, construction and maintenance
of parking facilities uses. 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 the Town. This Agreement may be cancelled by the Town pursuant
to ARIz. REV. STAT. § 38-511.
[SIGNATURES ON THE FOLLOWING PAGE]
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(bilw IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
GRANTOR: ACCEPTANCE BY GRANTEE:
THE TOWN OF FOUNTAIN HILLS, BOYS & GIRLS CLUB OF SCOTTSDALE,
an Arizona municipal corporation INC, an Arizona non-profit corporation
By: f%!It I. II By:
Jo. . Beyd -r,May.
Name:
A 1'1'hS :
4 �n �,�e Title:,,,,,,,;,
Bevelyn J.Bef'der, own Clerk
L
Law
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(iiir ACKNOWLEDGMENTS
STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on /1GC- om S , 2003,
by Jon M. Beydler, the Mayor of the Town of Fountain Hills, an Arizdiia municipal corporation, on
behalf of the Town of Fountain Hills.
Ak- '(-/'.((..;?.,7_,/ cy,0 -./.,,._(...2_ ,,.. _.,)
�_ -- Notary Public/in and for the State of Arizona
My C. • ,n Er
< IAL SEAL
1. .i ;
EYN J. BENDE'•,
��•q-?r Notary Public-State of Arizona
±\`�J.) MARICOPA COUNTY �
t `� V y Comm. - • e Aug.28,2003
STATE OF )
) ss
COUNTY OF )
le The foregoing instrument was acknowledged before me this day of ,
Ihisw 2003,by , Boys & Girls Club of
Scottsdale,Inc., an Arizona non-profit corporation, on behalf of such corporation.
Notary Public
My Commission Expires:
Notary Stamp/Seal
L
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Exhibit A
PARKING AND ACCESS EASEMENT
TOWN PARCEL - FOUR PEAKS NEIGHBORHOOD PARK
That portion of Lot 1, Block 18, Fountain Hills, Arizona Final Plat No. 107, as recorded in Book
141, Page 18 of the official records of Maricopa County, Arizona, and Town parcel also being
described in Deed #01-0592059, recorded July 2, 2001 and known as the 9.898 acre Town parcel,
more particularly described as follows:
Beginning at the southeast corner of said Town parcel;
Thence north 88 degrees 40 minutes 00 seconds west along the northerly right-of-way line of
Calaveras Avenue a distance of 222.45 feet;
Thence departing said right-of-way line north 01 degrees 20 minutes 00 seconds east said parcel
boundary a distance of 106.14 feet;
Thence departing said parcel boundary south 60 degrees 18 minutes 55 seconds east a distance
of 65.28 feet;
Thence south 88 degrees 40 minutes 00 seconds east a distance of 165.00 feet to a point on the
boundary of said parcel;
Thence following said parcel boundary south 01 degrees 20 minutes 00 seconds west a distance of
75.14 feet to the point of beginning;
Containing 17,605.37 sf, more or less, subject to all existing easements.
•
Four Peaks Neighborhood Park Parcel-Parking-Access Easement.doc Page 1 of 1
EXHIBIT B
TOWN OF FOUNTAIN HILLS
(111w GRANT OF PARKING AND ACCESS EASEMENT
A PORTION OF PLAT 107, BLOCK 18, LOT 1
PORTION OF LOT 1, BLOCK 18
TOWN PARCEL - FOUR PEAKS NEIGHBORHOOD PARK
DEED# 2001-0592059
APN NO. 176-04-354D
7
023 Z$w'4,, 46
5
S7712'33'4 57712 9E
9.04' 61.2
3' N78•5957"W , 1 FOUR PEAKS
51.33 ELEMENTARY
,D, SCHOOL
F.H. BOYS AND > DEED# 09778-0287
GIRLS CLUB iO'°'• o APN NO. 176-04-354E
(F.H.U.S.D.) 0
0-
DEED# 09778-0287 N69.70
�°.,14, sso 7 25"EAPN NO. 176-04-354F ss,a �ASs
_ _• os F! W - `. -,S88°40'00"E-16500I.
r _t. O
PROPOSED :�::'.
2'... N� -POINT OF
PARKING .-.,*.; -: �:�:�:�:�:��:�:�:�:�:.�.: ::..:::: .....� !
. ::. :.t.{..;.•r±.;.5,•.• -. o , BEGINNING
— _;- - N�8_40'00"W-222.45' — , - -
— — — — _ _ N)
- _ _ _ _ _ _ _ - _ CALAVERAS AVENUE to
20 19 18
17 16 15 14 13
PLAT 101 , BL CK 5
t ,
NEW PARKING AND ACCESS EASEMENT
SCALE: 1"=100' DATE: 4-22-2003