HomeMy WebLinkAboutRes 2012-24RESOLUTION NO. 2012 -24
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ACCEPTING A SIDEWALK EASEMENT
FROM MCO PROPERTIES INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE 'TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. A sidewalk easement in substantially the form attached hereto as Exhibit 1
and incorporated herein by reference, across certain real property, generally located along
Palisades Boulevard, at Eagle Ridge Drive, is hereby accepted by the Town of Fountain Hills
(the "Town ") from MCO Properties Inc.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps 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.
September &, 2012.
FOR THE TOWN OF FOUNTAIN HILLS:
REVIEWED BY:
4.CL60'
Kenneth W. Buchanan, "Town Manager
[ 7964 37.1
ATTESTED TO:
Bevelyn J. B nde To 4K Clerk
VED AS TO FORi1I:
wire, Town Attorney
EXHIBIT I
TO
RESOLUTION NO. 2012-24
[Sidewalk Easement Agreement]
See following pages.
1796437.1
When Recorded Mail To:
Town Clerk
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
SIDEWALK EASEMENT AGREEMENT
GRANTOR: MCO Properties Inc., a Delaware corporation
GRANTEE: Town of Fountain Hills, an Arizona municipal corporation (the "Town ")
THIS SIDEWALK EASEMENT AGREEMENT (this "Agreement ") is entered into
2012, by and between the Town and Grantor for the purposes set forth
elo .
RECITALS
A. Grantor is the record owner of certain real property at the location identified on
Exhibit A. attached hereto and incorporated herein by this reference (the "Easement Area ").
B. The Town and Grantor desire to enter into this Agreement for Grantor to grant to
the Town a non - exclusive, continuous and perpetual easement together with the necessary right
of access, ingress and egress through, over, under, upon, in, across and along the Easement Area
(the "Easement "), for purposes of constructing, installing, operating, inspecting, maintaining,
repairing, replacing or removing a public sidewalk(s) and all appurtenances thereto (the "Public
Improvements ").
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference and the mutual covenants set forth below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Accuracy of Recitals. The parties hereby acknowledge the accuracy of the
recitals set forth above.
2. Grant of Easement. The Grantor hereby grants and conveys to the Town the
Easement for the construction, installation, operation, inspection, maintenance, repair,
replacement or removal of the Public Improvements within the Easement Area together with
rights of ingress and egress whenever in the Town's judgment, in its sole and absolute discretion,
the same shall be necessary for the convenient and safe exercise of the rights herein granted.
3. Maintenance of the Easement. Grantor shall not install or construct, or authorize
to be installed or constructed, any building, structure, or other improvement or obstruction which
1504388.3
shall interfere with or impede the Town's access to the Easement Area or the Town's right to
maintain the Public Improvements in the Easement, nor shall Grantor drill any well, plant any
trees, store materials of any kind, or alter ground level by cut or fill, within the limits of the
Easement Area, without the prior, written consent of the Town.
4. Indemnification. The Town shall, to the extent permitted by law, indemnify and
hold Grantor harmless from any and all damages, costs, expenses, attorney fees, claims or
liabilities arising from or relating to the Town's negligence with respect to the use of the
Easement Area by the Town, Its successors in interest, assigns, agents, employees, visitors or
invitees.
5. Liens and Encumbrances. The Town represents and warrants that it will maintain
the Easement Area free and clear from any liens or encumbrances of any nature whatsoever in
connection with Town's construction of the Public Improvements on the Easement Area or the
use by Town of the Easement Area.
b. 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.
7. 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.
8. Additional Easements. Nothing contained in this Agreement shall prohibit
Grantor 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 government or quasi - governmental agencies; provided, however, that no
such additional rights or easement shall impair the Town's use of the Easement herein granted.
9. Entire Agf&ment. This instrument contains the entire agreement between the
parties relating to Town's use of the Easement for Public Improvements installation, operation
and maintenance. Any oral representations or modifications concerning this instrument shall be
of no force or effect, except a subsequent modification in writing, signed by the parties.
10. Cancellation by Town. This Agreement may be cancelled by the Town pursuant
to Attu. REV. STAT. § 38 -511 at which time, the Easement shall be extinguished.
[SIGNATURES ON FOLLOWING PAGES]
1304388.3
2
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
"Grantor"
MCO PROPERTIES INC., a Delaware
corporation
By:
Name:, r
Title: •'rj �~
(ACKNOWLEDGMENT)
STATE OF E,
ss.
COUNTY OF � )
This instrument was acknowledged before ine on )L" 2012,
by . r rte � A-.1 l , as rlel�' y e rnt of NACO PROPERTIES INC., a
Delaware CA4poration, on behalf of the corporation.
Notary Public in and for the State of /1 e'
My Commission Expires:
CASSUDRA B. HAHSEN
Notary Public - Arizona
Maricopa County
ter Comm. Expires Jan 20. 2013
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
15043883
3
ACCEPTED BY:
..Town"
TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation
By: 0 . i2m
Kenneth W. Buchanan, Town Manager
ATTEST:
(ACKNOWLEDGMENT)
STATE OF ARIZONA }
) Ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on I 16 , 2012,
by Kenneth W. Buchanan, Town Manager of the TOWN OV FOUNTAIN HILLS, an Arizona
municipal corporation, on behalf of the Town of Fountain Hills.
JANICE E. BAXTER
NOTARY PUBLIC - ARIZONA
IMRICOPA COUNTY
My Cemm. Exp D"Mbw 5, 2012
y ommission Expires:
t� G6
1504388.3
4
NoV Public in and for the State of Arizona
EXHIBIT A
TO
SIDBWALK BASEMENT AGREEMENT
[Easement Area]
See following page.
13043883
TOWN OF FOUNTAIN HILLS
GRANT OF EASEMENT MAP
EXHIBIT A
EAGLE RIDGE AT FOUNTAIN BILLS SUBDIVISION LOT 69
EAGLE RIDGE DRIVE MAP OF '
DEDICATION ' r
BK 465. PG 16. MCR I
r , /NORTH
SCALE: 1 " =100'
_ __7 � !i ■
� I
4c rCi�
ice!
25" CROSS— ACCESS — J i� ►• J
& EGRESS
INGRESS
NEW 20' TRAFFIC SIGNAL
EASEMENT .� �� r'}� ►► - __�
•
NEW 8'X90' SIDEWAL
EASEMENT
59
lj1J��
+111
EAGLE RIDGE AT FOUNTAIN HILLS 1 +I t
6K 569, PG 11, MCR i! f
I III I
I I�
I
l 11
I
+ I itl
TRACT "F"
#rte Q� TOWN LIMITS
�. pu r
r
i-
�/w PARCEL 604 —A
BK 165, PG 16, MCR
' r PALISADES BOULEVARD
► NEAP OF DEDICATION
�f BK 418, PG 36, MCR
96- 0446649
r �
SLOPE & DRAINAGE
EASEMENT AS Ju
RECORDED IN
PALISADES
I BOULEVARD MAP OF ��L \ LAS, s
5 y
DEDICATION BK 447, v tyF 4CApE i�`
PG 32, MCR ,v Gee 16545
RANDY L.
HARREL 1,
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$r9nad
i �Fslre� 3/30/ ,'�
SHEET 1 OF 1
1 DATE: 9 -10 -2012
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