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HomeMy WebLinkAboutRes 2005-47When recorded, please return to: I I Town of Fountain Hills I P. O. Box 17958 I Fountain Hills, AZ 85269 I I Attn: Planning & Zoning I I CAPTION HEADING: i it OFFICIAL RECORrs OF MARICOPA COUNTY RECORDER HELEN PURCELL 2005-1418141 09/26/05 11:22 1 OF 5 PALUMBOR Resolution No. 2005-47 Granting a Power Distribution Easement to Salt River Project Agricultural Improvement and Power District. This is part of the official document. w 0 a �3� o 4 Fsc 19S9 that is A Copies Routed To: ❑ Administration ❑ Engineering ❑ Planning and Zoning ❑ Parks & Recreation ❑ Magistrate Court 0 Marshals Department RESOLUTION NO. 2005-47 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, ARIZONA, as follows: SECTION 1. That a power distribution easement is hereby granted to Salt River Project Agricultural Improvement and Power District through, over, under and across the real property generally located near the southwest corner of the Avenue of the Fountains and LaMontana Drive, in the form attached hereto as 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, August 18, 2005. FOR THE TOWN O/F OUNTAIN HILLS: ATTESTED TO: J. Nich s, May Bevelyn J. nc, Town Clerk REVIEWED BY: APPROVED AS TO FORM: OIM"7/7 Timoi-hy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney /J L 9196.001\2005-47 SRP.ESMT.res.doc 8.11.2005-1 EXHIBIT A TO RESOLUTION 2005-47 [SRP Power Distribution Easement] See following pages. L L 9196.001\2005-47 SRP.ESMT.res.doc 8.11.2005-1 EXHIBIT A WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PAB350 P. O.Box 52025 Phoenix, Arizona 85072-2025 POWER DISTRIBUTION EASEMENT Maricopa County R/W#2441 Agt.WBB Parcel# 176-05-045A Job#KEB-6171 1 W CU Z C THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, hereinafter called Grantor, for and in consideration of the sum of One Dollar, and other valuable consideration, receipt 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, its agents, employees, contractors and permittees and its and their respective successors and assigns, hereinafter called the Grantee, a non-exclusive easement in, upon, over, under, across, through and along the lands hereinafter described (such lands hereinafter described being sometimes referred to herein as the "Easement Parcel") to construct, install, reconstruct, replace, remove, repair, operate and maintain underground electrical conductors, conduits, pipes, cables, vaults, pads, switching equipment, enclosures, manholes and transformers and all other appliances, appurtenances and fixtures (collectively "Facilities") for the transmission and distribution of electricity and for all other purposes connected therewith at such locations and elevations, in, upon, over, under, across, through and along the Easement Parcel as Grantee may now or hereafter deem convenient or necessary from time to time, together with the right of ingress and egress to, from, across and along the Grantor's Property. Grantee is hereby authorized to permit others to use the Easement Parcel for additional Facilities jointly with or separately from the Grantee for their purposes. The lands in, upon, over, under, across, through and along which this easement is granted are situated in the County of Maricopa, State of Arizona, and are more particularly described as: Grantor's Property: A parcel of land being a portion of FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 208 as recorded on November 30, 1971 in Book 144 of Maps, Page 4 of the records of Maricopa County, Arizona and as shown in the Affidavits of Correction recorded October 19, 1972 in Docket 9768, Page 659 and recorded May 30, 1974 in Docket 10676, Page 710, and situated in Section 15, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described in Instrument Number 97-0300068, official records of Maricopa County, Arizona. Easement Parcel: Said easement being in common with and identical in areas and locations to the public utility easement (PUE) recorded in Instrument Number 2005-0060435, attached hereto and made a part hereof,records of Maricopa County, Arizona. 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,prior to any excavation. 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 operational area that extends 12.00 feet immediately in front of all transformer and other equipment openings. No obstruction, trees, shrubs, fixtures or permanent structures shall be placed within said areas. Grantor shall not construct, install or place, or permit to be constructed, installed or placed any building or other structure, plant any trees, drill any well, store materials of any kind, or alter ground level by cut or fill, within the area of the Easement Parcel. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, the Easement Parcel whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. In the event Grantee records a document to formally abandon the easement granted herein, 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. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and shall be binding on the heirs, administrators, executors, personal representatives, legal representatives, successors(including successors in ownership and estate), assigns and lessees of the Grantor and Grantee. The individual executing this document represents and warrants: (i) that he or she is authorized to do so on behalf of Grantor; (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, association, or other person or entity); and (iii) that the execution, delivery, and performance by Grantor of this document and all others relating to the easement will not constitute a default under any agreement to which Grantor is a party. The individual executing this document shall indemnify, defend and hold harmless Grantee for, from and against any and all losses, costs, expenses, liabilities, claims, demands, and actions of any kind or nature, including court costs and attorneys' fees, arising or accruing as a result of the falsity of any of his or her representations and warranties contained in this document. IN WITNESS WHEREOF, THE TOWN OF FOUNTAIN HILLS, An Arizona municipal corpor tion, has caused its name to be executed by its duly authorized representative(s) this /V day of , 20OS THE TOWN OF FOUNTAIN H S, An Arizona municipal corpora By: Mayor Attest: Clerk AP OVED AS TO FORM: City Attorney for the TOWN OF FOUNTAIN HILLS L STATE OF . 12_0-1".-44„__, ) ) ss. COUNTY OF ) On this a 6- day of 1-1A--ya `JJ , 20 00 S—, before me, the undersigned, personally appear y YA)a /l /`J I c/w L/ S and iU1if/(/('(fU /3 eh a - ` , the Mayor and Clerk of the TOWN OF FOUNTAIN HIT,LS, a municipal corporation, and such authorized representative acknowledged that this document was executed on behalf of the corporation for the purposes therein contained. My Commission Expires: „lc P.04.4.4t4.,y‘ /aelo y 1 otary ' blic - - - -_ *,;,�,r OFFICIAL SEAL --r, JANE E. ROBINSON kw Notary Stamp/Se ,+ f,` Notary Public-State of Arizona 4 MARICOPA COUNTY r My comm.expires Jan.28,2009 .AliM __1u_ Ps 1.., - — - Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections 11-1134(A)(2)and(A)(3). 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A•3og.3.RA je k 141 \ j ,'\ \\\ ; -mffl 1 aS2:BSAO22333:AASO37333 j \\ I ; ! i i liniffininffinlitin \ 2 - Bi \ \\ i � g t \ \\ e \\\\� aA AA3.^.AAA xA R3 AA AA4:SSS I \ ` 6 a i \ / oc, , g it 610\\- R0 ���PPP''' --AEI Ll U aL^J LI E 11111111111,111 When recorded, please return to: I I OFFICIAL RECORrS OF Town of Fountain Hills I MARICOPA COUNTY RE CORDE R HELEN PURCELL P. O. Box 17958 I Fountain Hills, AZ 85269 I 2005-1418141 09/26/05 11 : 22 5 I PRLUISOR Attn: Planning & Zoning I I CAPTION HEADING: Resolution No. 2005-47 Granting a Power Distribution Easement to Salt River Project Agricultural Improvement and Power District. This is part of the official document. L a 3 g. 4' EsT.nis91(1 that is H." Copies Routed To: ❑ Administration ❑ Engineering ❑ Planning and Zoning ❑ Parks &Recreation O Magistrate Court O Marshals Department L IIIIII11111 illll IIIII IIIII III1I IIIII II111 iiiii iiii ili Unofficial Documents When recorded,please return to: I Public Works Department I Town of Fountain Hills I P. O. Box 17958 I UUVU437 UI/ 14/U) Fountain Hills,AZ 85269 I I HOW CAPTION HEADING: Public Utility Easement Agreement Resolution 2005-08 SW corner of Avenue of the Fountains and La Montana Drive This is part of the official document. Copies Routed To: ❑ Administration ❑ Engineering ❑ Community Development ❑ Parks&Recreation ❑ Magistrate Court ❑ Marshals Department L 20050060435 When Recorded Mail To: 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 97.rxitsticgi_a , 2005,by and between the Town and Grantee for the purposes set forth below. RECITALS Unofficial Document 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 PacketAR 1-6-05\Grant of Easement-Community Center-Town Hall property.doc 20050060435 • 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 rig...°=7:.,�iuntee 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 1,2/30/2004 13:36 4808370819 2 0 0 5 0 0 6 0 4 3 5; SANITARY PAGE 02/03 • • 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 it; 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 ne;;otiatc 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 partir xecuted this instrument on the day and year first above written. "Grantee" "Town" FOUNTAIN HILLS SANITARY TOWN OF FOUNTAIN ..LS,an Arizona DISTRICT,an Arizona sanitary district municipal co ation By: By: Ronald D. Huber, General Manager W.J is ols, ayor ATTEST: / Bevelyn J. Ben r, T n C erk L • C\Documents and Settings\RonHubar\Local SettingskTemporary Internet Files\OLK I AO\Grant of Easement-Common ty Center-Town Hell property.doe .12/30/2004 13:36 4808370819 2 0 0 5 0 0 6 0 4 3 5 ; SANITARY PAGE 03/03 STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA) c710o1 This instrument was acknowledged before me on 4nt/ D , -2 395 by Ronald D. Huber, as General Manager of the Fountain Hil s Sanitary District, an Arizona sanitary district,on behalf of the District. N ry Publ in and r the Star of Arizona My Commission Expires: .,, OFFICIALS L — ; �' KATHRYN LYNN ORENTLAW v1 :7 y NOTARYPUBUC-ARIZONA l r, M omm. --.... E s Oct.13, ��ti'�'LZ�1��`�_.�` 2007 Unofficial Document STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on '' L ICJ. , 2005, by W. J. Nichols, Mayor of the Town of Fountain Hills, an Ariz na municcipar corporation, on behalf of the Town. i`f 4�C 24.4A")(1,-\ N 0 blic in and for the State of Arizona My Commission Expires: f in'Ais' . OFFICIAL SEAL (���JANE E. ROBINSON Notary Public-Shh of Arizona 'r MNI CODA COUN1 Y •+-a L�` My corn.expires Jan.25.2005 • . C;\Documcnts and Settings\RonHuber\Local Settings\Tcmporary Internet Files\OLK I AO\Grant of Easement-Cnmmuniry Center-Town Heil property.doc 20050060435 - RESOLUTION NO. 2005-08 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. Unofficial Document PASSED A ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, January 6, 2005. FOR T TO F FOUNTAIN H LS: ATTESTED TO: • W. J.Nicho , yor Bevelyn J. Ben r,T n Clerk REVIEWED APPROVED AS TO FORM: / l gity Timothy . Picken g,Town er Andrew J. McGuire,Town Attorney • Z:\Council Packets\R1-6-05\Grant of Easement-Community Center-Town Hall property.doc