HomeMy WebLinkAboutRes 2006-40 RESOLUTION NO. 2006-40
�r A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, GRANTING A PUBLIC UTILITY AND
POWER EASEMENT TO CHAPARRAL CITY WATER COMPANY AND
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 non-exclusive public utility and power easement is hereby granted
to Chaparral City Water Company and to Salt River Project Agricultural Improvement and Power
District through, over, under and across the real property as 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, June 15, 20 6.
FOR THE TO F FOUNTAIN HILLS: ATTESTED TO:
6,41dk_
. .Nic Is,Mayor Bevelyn J. Ben r, T n Clerk
REVJE ED AP OVED AS TO FORM:
Ti othy G. Pickeri , wn Manager Andrew J. McGuire, Town Attorney
648799.1
Low EXHIBIT A
TO
RESOLUTION NO. 2006-40
[Legal description of Utility Easement]
See following pages.
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648799.1
( 49 CV/11-64Vil j6977 -
WATER TANK ACCESS AND
PUBLIC UTILITY EASEMENT;
AND POWER EASEMENT TO SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT
All that portion of Section 6, Township 3 North, Range 6 East,
Gila and Salt River Base and Meridian, Maricopa County,
described as follows :
Commencing at the north quarter corner of said Section 6;
Thence South 89°53' 17" West along the north line of said Section
6, also being the north line of Parcel 6 as shown on the Final
Plat of Eagles Nest recorded in Book 580 of Maps at Page 25,
Maricopa County Records, a distance of 1325 . 65 feet;
Thence along the westerly line of said Parcel 6 the following
three (3) courses :
1) South 33°11' 35" East, 457 . 90 feet;
2) South 40°01' 13" West, 386. 14 feet;
3) South 43°31' 37" East, 38 . 61 feet to the true POINT OF
BEGINNING;
Thence continuing South 43°31' 37" East along said westerly line,
a distance of 73 . 74 feet;
Thence southerly along a non-tangent curve, the center of which
4161, bears South 66°38' 45" East 123 . 00 feet, through a central angle
of 5°43' 34" an arc distance of 12 .29 feet;
Thence South 17°37' 40" West, a distance of 113 . 09 feet;
Thence along a curve, concave to the northwest and having a
radius of 237 . 00 feet, through a central angle of 20°28' 11" an
arc distance of 84 . 67 feet;
Thence South 38°05' 51" West, a distance of 144 . 61 feet;
Thence along a curve, concave to the northwest and having a
radius of 237 . 00 feet, through a central angle of 22°43' 41" an
arc distance of 94 . 01 feet;
Thence along a reverse curve, concave to the southeast and
having a radius of 473 . 00 feet, through a central angle of
10°49' 49" an arc distance of 89. 41 feet;
Thence along a reverse curve, concave to the northwest and
having a radius of 327 . 00 feet, through a central angle of
45°41' 51" an arc distance of 260 . 81 feet;
kior Thence along a reverse curve, concave to the south and having a
radius of 473 . 00 feet, through a central angle of 10°52' 21" an
arc distance of 89. 76 feet;
Thence along a reverse curve, concave to the north and having a
radius of 67 . 00 feet, through a central angle of 23°52' 02" an
arc distance of 27 . 91 feet;
Thence South 21°05' 13" West, a distance of 8 . 69 feet;
Thence northwesterly along a non-tangent curve, the center of
which bears North 21°05' 13" East 280 . 00 feet, through a central
angle of 40°18' 52" an arc distance of 197 . 01 feet;
Thence North 61°24' 05" East radial to last said curve, a
distance of 150 . 00 feet;
Thence southeasterly along a non-tangent curve, the center of
which bears North 61°24' 05" East 130 . 00 feet, through a central
angle of 40°18' 52" an arc distance of 91 . 47 feet;
Thence South 21°05' 13" West radial to last said curve, a
distance of 69. 66 feet;
Thence easterly along a non-tangent curve, the center of which
bears South 04°41' 40" East 543 . 00 feet, through a central angle
of 10°23' 14" an arc distance of 98 . 44 feet;
Thence along a reverse curve, concave to the northwest and
having a radius of 257 . 00 feet, through a central angle of
45°41' 51" an arc distance of 204 . 98 feet;
Thence along a reverse curve, concave to the southeast and
having a radius of 543 . 00 feet, through a central angle of
10°49' 49" an arc distance of 102 . 64 feet;
Thence along a reverse curve, concave to the northwest and
having a radius of 167 . 00 feet, through a central angle of
22°43' 41" an arc distance of 66 .25 feet;
Thence North 38°05' 51" East, a distance of 72 .31 feet;
Thence North 51°54' 09" West, a distance of 15. 00 feet;
Thence North 38°05' 51" East, a distance of 72 . 31 feet;
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Thence along a curve, concave to the northwest and having a
radius of 152 . 00 feet, through a central angle of 20°28' 11" an
arc distance of 54 . 30 feet;
Thence South 72°22' 20" East, a distance of 15 . 00 feet;
Thence North 17°37' 40" East, a distance of 113 . 09 feet;
Thence along a curve, concave to the southeast and having a
radius of 193. 00 feet, through a central angle of 14°21' 14" an
arc distance of 48 . 35 feet to the point of beginning.
Containing 1 . 951 Acres, more or less .
EAGLES NEST
P.O.B. BK 580 PG 25
ti M.C.R.
WATER TANK ACCESS AND PUBUC UTIUTY / PARCEL 6
EASEMENT; AND POWER EASEMENT TO / /
SALT RIVER PROJECT AGRICULTURAL �/ /N
IMPROVEMENT AND POWER DISTRICT L8/ /
1.951 ACRES ��:r /
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SCALE: 1"= 150'
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M LINE TABLE CURVE TABLE
LINE BEARING LENGTH CURVE DELTA RADIUS LENGTH TANGENT
-1 L1 S43'31'37"E 73.74' C1 5'43'34" 123.00' 12.29' 6.15'
c L2 S17'37'40"W , 113.09' C2 20'28'11" 237.00' 84.67' 42.79'
N
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L3 S21'05'13"W 8.69' C3 22'43'41" 237.00' 94.01' 47.63'
L4 S21'05'13"W 69.66' C4 10'49'49" 473.00' 89.41' 44.84'
M
L L5 N38'05'51"E 72.31' C5 10'52'21" 473.00' 89.76' 45.01'
o L6 N51'54'09"W 15.00' C6 23'52'02" 67.00' 27.91' 14.16'
L7 N38'05'51"E 72.31' C7 40'18'52" 130.00' 91.47' 47.72'
'* L8 S7222'20"E 15.00' C8 10'23'14" 543.00' 98.44' 49.36'
m L9 N17'37'40"E 113.09' C9 10'49'49" 543.00' 102.64' 51.47'
x C10 22'43'41" 167.00' 66.25' 33.56'
} C11 20'28'11" 152.00' 54.30' 27.44'_
o C12 14'21'14" 193.00' 48.35' 24.30'
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SCALE: =1 FOR: EAGLES NEST SUBDIVISION EXHIBIT "A" 1" 1 OF150'
00 MORRISON DRANCe WT_BNDRY_EXH WATER TANK ACCESS AND P.U.E.;
CT 8340.006 AND POWER EASEMENT TO SALT
o MAIERLE,INc. DRAWN: spb RIVER PROJECT AGRICULTURAL
on an Arizona Corporation CHECKED:JGS IMPROVEMENT AND POWER DISTRICT
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When Recorded Mail To:
Town Clerk
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills,Arizona 85268
PUBLIC UTILITY AND POWER EASEMENT
GRANTOR: Town of Fountain Hills, an Arizona municipal corporation(the"Town")
GRANTEES: Chaparral City Water Company, an Arizona corporation, Salt River Project
Agricultural Improvement and Power District, an Arizona agricultural improvement
district
THIS PUBLIC UTI ,ITY A POWER EASEMENT AGREEMENT (this
"Agreement") is entered into , 2006, by and between the Town and Grantees for
the purposes set forth below.v"
RECITALS
A. The Town 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 Grantees desire to enter into this Agreement for the Town to grant
to the Grantees a non-exclusive, continuous and perpetual easement (the "Easement") upon,
over, across, in, through and under the Easement Area, for purposes of accessing, installing,
operating, inspecting, maintaining, repairing, replacing, or removing aboveground and
underground reservoirs, and public utility and power facilities (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, the Town does hereby grant to
Grantees, their successors and assigns, this Easement through, over, under, upon, in, across and
along the Easement Area on the following terms and conditions:
1. Grant of Easement. The Town hereby grants and conveys to Grantees a public
utility and power easement to construct, repair, reconstruct, operate, maintain and use the
Facilities within such Easement.
2. Purpose. The purpose of the Easement hereby conveyed is for the installation,
operation, inspection, maintenance, repair, replacement, or removal of the Facilities.
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648759.2
3. Maintenance of the Easement. The Town and the Grantees shall not maintain the
Easement Area in a manner that impairs the ability or capacity of a Grantee to fully utilize the
Easement.
a. Town and the Grantees 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.
b. The Town and the Grantees 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 Easement Area.
b. The Grantees shall have the right, but not the obligation, to trim, cut or
remove or cause to be trimmed, cut or removed any brush or other vegetation on the Easement
Area that obstructs or hinders access to the Easement Area, and whenever in the Town's
judgment the same shall be necessary for the convenient and safe exercise of the rights herein
granted.
c. The Grantees 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.
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. Any 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 Town
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 governmental or quasi-governmental agencies; provided however, that no
such additional rights or easements shall impair the Grantees' use of the Easement herein
granted.
7. Entire Agreement. This instrument contains the entire agreement between the
parties relating to Grantees' use of the Easement Area for public utility 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.
648759.2
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IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
Cor and year first set forth above.
"Town"
TOWN OF FOUNT:IN HILLS,
an Arizona munici . corporation
,��
By: 4 �_
* J. Ni hols, Ma,:r
ATTEST:
Its
Bevelyn J. nd , Town Clerk
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648759.2
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(ACKNOWLEDGMENTS)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on 6// (o , 2006,
by W. J. Nichols, the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal
corporation, on behalf of the Town of Fountain Hills.
, - /241/4-4-4v2-,1--N
otary blic in and for the State of Arizona
My Commission Expires:
4k/6 q OFFICIAL SEAL
W JANE E. ROBINSON'
Notary Public-State of Arizona
:� MARICOPA COUNTY
jr My eoitifii.@vire9 dah.28,2009
648759.2
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