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HomeMy WebLinkAboutRes 2005-08 RESOLUTION NO. 2005-08 kkay A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, GRANTING A PUBLIC UTILITY EASEMENT TO THE FOUNTAIN HILLS SANITARY DISTRICT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,as follows: SECTION 1. That a public utility easement is hereby granted to Fountain Hills Sanitary District through, over, under and across the real property generally located near the southwest corner of the Avenue of the Fountains and LaMontana Drive, as more particularly described and depicted in Exhibit A, attached hereto 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, Arizona, January 6, 2005. FOR THE TOW F FOUNTAIN HILLS: ATTESTED TO: kir . . Nic is, ay Bevelyn J. Bend , To n Clerk REVIEWED B . APPROVED AS TO FORM: • r Timothy G. Pickering,Town M r An J. McGuire, Town Attorney L Z:\Council Packets\R1-6-05\Grant of Easement-Community Center-Town Hall property.doc When Recorded Mail To: L Town Clerk Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 PUBLIC UTILITY EASEMENT GRANTOR: Town of Fountain Hills, an Arizona municipal corporation (the "Town") GRANTEE: Fountain Hills Sanitary District, an Arizona sanitary district THIS PUBLIC UTILITY EASEMENT AGREEMENT (this "Agreement") is entered into ,tiVA/,,� (� , 2005, by and between the Town and Grantee for the purposes set forth below. i RECITALS A. The Town is the record owner of certain real property located in Fountain Hills, Arizona as more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Area"). B. The Town intends to convey to Grantee a non-exclusive easement over, across and through the Easement Area, on the terms provided herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged,the parties agree as follows: 1. Easement. The Town hereby grants to Grantee and its employees, contractors, agents, successors and assigns, a non-exclusive easement, subject to all matters of record, upon, across, over and under the Easement Area, as hereinafter provided. The easement and rights and privileges hereby granted shall be used solely for purposes of installing, operating, inspecting, maintaining, repairing, replacing, or removing underground public utility facilities and specifically including installation and operation of a water well and necessary appurtenances (the "Facilities") within the Easement Area. The water well and necessary appurtenances permitted herein shall be installed (i) only in the location within the Easement Area designated as a water well on Exhibit A and (ii) in a subterranean vault. Grantee, its employees, contractors and agents, may enter upon the Easement Area at their own risk, after reasonable notice to the Town, in order to exercise the rights granted herein. 2. Conditions. The grant of easement is subject to the following conditions and limitations: a. Grantee and its employees, contractors and agents agree to be bound by all existing terms, provisions and conditions of any easements, restrictions, covenants, conditions, reservations or other encumbrances (excluding monetary liens) now in existence and affecting all or any part of the Easement Area and all laws and regulations governing the activities of Grantee and its Z:\Council Packets\R1-6-05\Grant of Easement-Community Center-Town Hall property.doc employees, contractors and agents. Grantee shall be responsible for obtaining all governmental permits and approvals which may be necessary in connection with the improvements to be constructed by Grantee. b. To the extent permitted by law, Grantee does hereby covenant and agree to indemnify, defend and hold harmless the Town, its elected officials, officers, employees and agents for, from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which are the result of any act or omission of Grantee, its elected officials, officers, employees, agents and anyone acting under its direction or control, whether intentional or negligent, in connection with or incident to the this Agreement. c. Grantee and its employees, contractors and agents, shall in all events cooperate as reasonably requested by Town so as to minimize any disruption or use of the Easement Area caused by the exercise or discharge of Grantee's rights and obligations herein. 3. 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 of the parties hereto. This Easement and the rights of the Grantee hereunder shall be subject to all matters presently of record against the property. 4. Termination of Easement. This Agreement and the Easement hereunder may be terminated by the agreement of the parties. Such termination shall take effect upon recordation of a written memorandum of such agreement, signed by all such persons, properly notarized and suitable for recordation (the "Memorandum"). Notwithstanding the foregoing, Grantee's obligations set forth in Section 2(b) above shall survive such termination. 5. Assignment. This Agreement and the Easement granted hereunder may be assigned by the Grantee to another entity solely for the purposes of construction and operation of the Facilities. Such assignment shall be subject to the prior, written approval of the Town; provided, however, that such prior approval by the Town shall not be unreasonably withheld or delayed. 6. Miscellaneous. a. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting subsequent modification in writing, signed by the party to be charged, or as otherwise provided herein. Z:\Council Packets\R1-6-05\Grant of Easement-Community Center-Town Hall property.doc b. 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. c. Severability. Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 7. Cancellation by Town. This Agreement may be cancelled by the Town pursuant to ARIz. REV. STAT. § 38-511. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. "Grantee" "Town" FOUNTAIN HILLS SANITARY TOWN OF FOUNT HILLS, an Arizona DISTRICT, an Arizona sanitary district municipal corporati -/tdi By: By: Ronald D. Huber, General Manager W. . ich s, Mayor ATTEST: '41l Bevelyn J. Beir, wn Clerk C:\Documents and Settings\RonHuber\Local Settings\Temporary Internet Files\OLKI AO\Grant of Easement-Community Center-Town Hall property.doc STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA) �o This instrument was acknowledged before me on '�' c�O �965- by Ronald D. Huber, as General Manager of the Fountain Hil s Sanitary District, an Arizona sanitary district, on behalf of the District. N ary Publ c in and r the Stat of Arizona My Commission Expires: > ��r OFFICIALSEAL 71 ''� KATHRYN LYNN DRENTLAW f �� " NOTARYPUBLIC-ARIZONA 1l ) -. 1 ' My Comm.Expires Oct.13,20071 STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on / //e , 2005, by W. J. Nichols, Mayor of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the Town. (Not ry Public in and for the State of Arizona My Commission Expires: fir• OFFICIAL SEAL 4 JANE E. ROBINSON ty. Notary Public-State of Arizona MARICOPA COUNTY ru MY com`expires Jan.28,2005 C:\Documents and Settings\RonHuber\Local Settings\Temporary Internet Files\OLK I AO\Grant of Easement-Community Center-Town Hall property.doc