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HomeMy WebLinkAboutRes 2009-41 Li RESOLUTION NO.2009-41 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. A power distribution easement is hereby granted to Salt River Project Agricultural Improvement and Power District through, over, under and across certain real property, generally located along Desert Vista Drive, south of Tioga Drive, 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, December 17, 2009. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ri--- . Schlum, Mayor Bevelyn J. Be er, wn Clerk REVIEWED BY: APPROVED AS TO FORM: gQ0444 OitijdAi Richard L. Davis,Town Manager Andrew J. McGuire, Town Attorney 1146687.1 EXHIBIT A TO RESOLUTION NO. 2009-41 [Power Distribution Easement Agreement] See following pages. 1146687.1 WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PAB350 P. O. Box 52025 Phoenix, Arizona 85072-2025 POWER DISTRIBUTION EASEMENT Maricopa County Agt. PKF Parcel# 176-08-449A Job# KEB-7347 �� NE4 of Sec.23,T3N,R6E W r C p TOWN OF FOUNTAIN HILLS, I, 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 of Block 1, FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 302, recorded in Book 156 of Maps,page 45, records of Maricopa County, Arizona. Easement Parcel: Said easement being 8.00 feet in width, lying 4.00 feet on each side of the centerline (CENTERLINE OF 8' EASEMENT), as delineated/depicted on the attached EXHIBIT"A," including equipment pad areas, as prepared by the Salt River Project Surveys Department, dated 10/28/09, and by reference made a part hereof. The sidelines of said easement to be prolonged or shortened so as to terminate on the Southerly line of said Grantor's property. Except for any part thereof not lying within above said Grantor's property. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical equipment. Cr 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. L IN WITNESS WHEREOF, THE TOWN OF FOUNTAIN HILLS, a municipal corporation of the State of Arizona, h caused its name to be executed by its duly authorized representative(s), this /7 day of , . THE TOWN OF FOUNTAIN HILLS, a municipal corporation of the State of Arizona, By •acAtx• Its 1iwk MitAka/ex- By Its All p/t-- STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this /7 day of , .2009 by ie/c10.nce L- Lotei S and cic1 T S ch/Gc m-. as 7 wi ma_iagei— and /2Zaya/e_._ , respectively, of THE TOWN OF FOUNTAIN HILLS,A municipal corporation of the State of Arizona, on behalf of such municipal corporation. My Commission Expires: am _ , Notary Public 9$"\- r. OFFICIAL SEAL . = BEVELYN J.BENDER F 8 Notary Public-Sum of Ar!Zo a MARICORA COUNTY r My oorom&vbs.Aue 27.2.11 j 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). Limag .7S17/FOUNTAINHILLS/PKFRAME/102909 EXHIBIT " A " LEGEND NOTE+SYMBOLS MAY NOT BE TO DRAWING SRP JOB # SCALE, SO AS TO BETTER ENHANCE GRAPHICAL REPRESENTATION KEB— 734 7 SECTION AND CENTERLINE NOTE PROPERTY LINE THIS EXHIBIT IS INTENDED TO ACCOMPANY AN EASEMENT, CENTERLINE OF 8' EASEMENT IT IS NOT A SURVEY AND SHOULD O EQUIPMENT PAD - NOT BE CONSTRUED AS SUCH. UNLESS OTHERWISE NOTED ARE PART OF THE EASEMENT EQUIPMENT PAWS) ARE A PART OF THE EASEMENT UNLESS SALT RIVER PROJECT A. I . OTHERWISE NOTED. & POWER DISTRICT CAUTION CRICKET COMM . CELL S I TE THE EASEMENT LOCATION AS HEREON DELINEATED MAY NE I/Q a SEC . 23, T 3N 9 R6 E CONTAIN HIGH VOLTAGE ELECTRICAL UNDERGROUND ELECTRIC EQUIPMENT, NOTICE IS HEREBY GIVEN POWER LINE RIGHT-OF-WAY THAT THE LOCATION OF UNDERGROUND MARICOPA COUNTY ELECTRICAL CONDUCTORS OR kw FACILITIES MUST BE VERIFIED DESIGNED D.M. AGENT FRAME AS REQUIRED BY ARIZONA REVISED DRAWN G.M.B. APPROVED: STATUES, SECTION 4 0-380.2/. DATE 10/28/09 APPROVED' 64 ET. SEQ. , ARIZONA BLUE STAKE NONE LAW, PRIOR TO ANY EXCAVATION. SCALE SHEET I OF 3 . . A H Ib -- --„, " " A " 1.- / I 7 C., N. co 200 400 \N\NN MEI N 30' / N WASH . . 1 // N'-..,..._ 00/1 I 4'1 / i ., 1 4 / i 7 Tf / BOOK 156 PC ., 45 / .. , / c) M . 0 t . R . 1 / BLOCK 9 / ..._____._® A. LOT I / --- 1 / . I N N I CO 1) _., CD D• 90°00' 00" -,.‹.... . Re 20.04' e.).. -- s, L • 3 I .42' . (Z) .1 O N31°20' 00"E . . / 5s4,14° 135.00' -. Nt. la ii le a 0-32°36' 52" ...., r Re 645.00' . 40 . / L•367. 15 SEE DETAIL .. / ® S83°23' 52"E PAGE 2 23.02' (5) S06° 360u' Q,8"W .5861. @ 0/9955150" SALT RIVER PROJECT A. I . Re 858.00' L •298.46' & POWER DISTRICT O N58°40' 00"W CRICKET COMM . CELL SITE :: s31. 2o' 00"w 99. 73' NEI/4 , SEC . 23, T3N, R6E N58°40' 00"W 696. 90' UNDERGROUND ELECTRIC @ N3 I°20' 00"E POWER LINE R I CHT-OF-W AY 4 72. 32' MAR I COPA COUNTY 0 De 07° 53' 00" (lor R• 1070' DES I GNED 0.M. AGENT FRAME L • 151 . 35' DRAWN G.M. B. APPROVED' ig N39° 13' 00"E 49. 24' DATE I 0/28/09 APPROVED' O6 SCALE _____I" .400' SHEET 2 _ OF 3 _ _ E.- X 1-1 I B I r " A L BOOK 156 PG . 45 Y///-s58.4ocoo-E M . C 0R . r,,1 26.46' .,. BLOCK 9 / N. ,./..„,..---SES METER LOT 1 / 4/s6.. .."--------N29°26 08"E I . 04' / ,,, . cb,, LI i 0) co 3 in '3- :441 / •00, CC • 6 • ti. zz,c0 Q. i Zr)lu ;V/ A PARCEL K'--,,, " F " •:.../i-,c5"''e- / 4) .:,-.0 c, -..,_ , A- --, Lin In . 4. 17' X6. 33' - 0 .... EPAD tn • z w oko CI - tr) C, , CrN 6 N - 6--z c)L'' in p .$.... ! 3 tn ko o , °co 'cZst fr kr) Z SALT RIVER PROJECT A. I . & POWER DISTRICT CRICKET COMM . CELL SITE NE1/4 , SEC 23, T3N, R6E z UNDERGROUND ELECTRIC Icc?r5 POWER LINE RIGHT-OF-WAY , Z MARICOPA COUNTY (b. N. r. s . DESIGNED D.M. AGENT FRAME DRAWN G.M.B. APPROVED' DATE 10/28/09 APPROVED' 65 SCALE N. T.S. SHEET 3 OF 3 ___ _ _