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HomeMy WebLinkAboutRes 2007-40 RESOLUTION NO. 2007-40 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. That a non-exclusive power distribution easement is hereby granted to Salt River Project Agricultural Improvement and Power District through, over, under and across + 0.16 acres of real property, being the westerly 10' of Lot 9, Block 1, of Plat 302 (also known as Desert Vista Park, and lying adjacent to the Tower Drive right-of-way), in the form 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 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, August 16, 2007. FOR THE TOW/ OF FOUNTAIN HILLS: ATTESTED TO: W. J.Nic s ls, Bevelyn J. nd , Town Clerk RE it D Y: APP OVED AS TO FORM: jutiO Timothy G. Pickering, Town M. ager Andrew J. McGuire, Town Attorney L 755259.1 EXHIBIT A TO RESOLUTION NO. 2007-40 [Power Distribution Easement] See following pages. L 755259.1 WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PAB400 P. O. Box 52025 Phoenix, Arizona 85072-2025 POWER DISTRIBUTION EASEMENT Maricopa County R/W # 1199B Agt. WLG Parcel# 176-08-449 Job # KEB-6849 NE 'A, SEC. 23 T3N, R6E W W L f C TOWN OF FOUNTAIN HILLS, a municipal corporation of the State of Arizona, 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: Lot 9,Block 1, FOUNTAIN HILLS, ARIZONA FINAL PLAT NO. 302, according to Book 156 of Maps,Page 45, records of Maricopa County, Arizona. Easement Parcel: Said easement being the Westerly 10.00 feet of the above described Grantor's Property. L • L • 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 wan-anties contained in this document. L IN WITNESS WHEREOF, TOWN OF FOUNTAIN HILLS, a municipal corporation of the State of Arizona, has caused its name to be executed by its duly authorized representative(s), this /(v, day of . c r,t4)- ,,74107 . TOWN OF FOUNT a municipal oration of the State of rizona, • By Its Br Alii -its A'1 STATE OF �L,,,.,1�'_ > ) l N ) ss COUNTY OF ,..4 , ,.` ,, ) The foregoing instrumen was acknowledged before me this /7 day of 4IIIII ', JO''Tj by T•c.4si and I. , as ''" ;/, -- and , respectively, of TOWN OF FOUNTAIN LL`41. municipal corporation of the State of Arizona, on behalf of such entity. My Commi ion E pires: t 028 0 ? AL''''Ci te4**444t7&-- ! otary1 blic 5 z r .r. r OFFICIAL SEAL 1 JANE E. ROBINSON' 'ld j,; Notary Public-State of Arizona ' % MApICOPA COUNTY �, Notary Stamp/Seal a My oomm.axpiroa Jan,an,200e ' ' 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). L Cimage/KEB-6849/Town of Fountain Hills PDE/kmf7080707 1,- b z IIt•1 a I..s 0 r7 I. a N Jl a Imo i L Ion 4 )MN ® e 1-4P1,5 0 E X r No ill 44fr4 A. / �` n At of C d �y Q rill _ owIlli • ,, / NISI j / -- I I111111 ("NIfq ! • i 6a a ' / ® °� ! �, � . I Jar - F. ! ry j ` ® r �a �Ce J� 1 q C I SEA iN320 I / all •• I /lid .. . I j I / L lbw" ,,, i �. ir i i ,./. ,i i i'l :". .„ 4: 4'. ----N uo N . ., 6 CV %/ 0 NI- '- �> W R N� o m J sQ U� r, / �, el 'i / i 13: NI- to ff i>� � /� .-'y , . I ti _ ISZy /§D \. ta' .� wOe Nil aag0 il /yt /INS v \ Ai �ti i 61/.?..„..,:. ,� 6 ./ � �DOyu /4. �'N. •'./. // 49 e3, N. L N // > OlY •, m 2Si / 4 ; I;IBla1;1 D"" / �� eg o� / i §I� y / it L From: riobuttel@aol.com [mailto:riobuttel@aol.com] Sent: Tuesday, July 17, 2007 9:25 AM To: tward@fh.az.gov Cc: wnichols@fh.az.gov Subject: Hello Mr Ward, I have reviewed the Town Agenda Action Form for consent of abandoning the Town's interest in the existent Public Utility Easement. It mentioned also abandonment of Drainage. I do not believe that I will be needing a drainage abandonment. Second my lot doesn't not lie adjacent to Hesperus Wash, there is a strip of city land about 40 feet between me and the wash which is owned by the Town. It is not my role to determine flood Delineation. This was done long before I purchased this property as it was an approved housing development and the flood zone was established by the county or state and lies outside of my property. I have verified this with the state flood people. They have told me the a pool would be allowed in a flood zone area. If there is a concern of a flood and its effects on the embankment it is the Towns concern not mine. It is Town property that will be effected not mind. Also it would be discriminating of the Town to insist that I should have to complete the Flood study to get a permit for my pool and fence when both my neighbors to each side of me have had recent abandonment of their Utility Easement for a pool and additions made to their property. They were not subjected to this outlandish mquest and I feel I have been singled out by Mr. Farrel. If their was a flood big enough to get to my property any others along this wash would be effected including many homes below in Fountain HIlls. This is not fair to ask me to pay for something that is not my responsibility, but is the towns. Mr Farrel is not being reasonable in his demands and I do not approve and will be addressing this ridicules request with the Town Council and do believe that you both should be there for questions. I will also not give up anything for this request as indicated by Mr Harrel's demands of a 10 by 10 foot easement in the front of the property. There is already an easement provide for utilities where Mr. Harrel's requests. This has nothing to do with my fence in the back or the pool. I believe this is a regulatory taking and extortion of my rights as a resident of Fountain Hills and a citizen of the United States. I would like to appear before the Town Council to express my complaints with your departments decisions. Please give me the details as to any forms I must fill out before the Town Meeting? Please email me aresponse to the concerns above. I insist that I get my easment abandoment with out any further demands. I beleive the the Town Council will not go along with your departments demands...and if so I will then consider a law suit againt the town. Sincerely Scott Boyd. i 1--. 1° '" .,,,„, , I, if • idi _ , • ,. 1 Y ';4°''' '' 4'ir'-I*' '* .. • ; 34 1 . . j , N g ✓,/jir -4r . r7 `' 4. • R. i . w, / > b ftjy 1 iy ; hit i). ' 4' . ' tl 4. #.,.,/1:,;.ke, '''' ... 414,,,,'.0:1,4,':).'.':,,::,: ..' sw du .. _ kr t m O 00 rn O n Z p r CO D (n p 0 O p 0 0 0 Z CZ 0 O ' "� 113 D tA DD D 7 :( G aNg �� )�� p DO+NZZZZ p N � , -I z fi-1-Im—<171 O I 0 y 10, g I I I p N zrC y'I II N I I o w: '*wow 8 1 x N 0 7o I I I N> m10 a I I ��3 - I i C f a. 7. f` �e , P 4„ / r y. I wp / . ,,„ r , rn 0 ` `- x t 4 ,, . . . ,. ,,,, 1„,, ..... ,...,:-...... � Air � ���. . ,!..:„. e "14+44..NillioN.. , „„,1, . . .,. ,.„..:.,,,.:''','''''''',' tr,..,,.. ..,,, ,, . „. ,. , , 1,. . 8 .., . • ; °+y - i f r . 5. 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