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HomeMy WebLinkAboutEasements - 09/04/2014, Resolution 14-48 Approving an Easement Agreement between TOV and TEP for construction of ''ESSLUTION NO. ( )14-48 A RESOLUTION OF T .E MAYOR AND COUNCIL OF THE TIWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN EASEMENT AGREEMENT BET♦.EEN THE TOWN OF ORO VALLEY AND TUCSON ELECTRIC PtWER COMPANY FOR THE CONSTRUCTION OF THE ELECTRIC PRIMARY FEE-PERS USED TO POWER NARANJA PARK WHEREAS, Pursuant to A.R.S. §9-402, the Town has the authority to convey property, and the entering into an Easement Agreement with Tucson Electric Power is in the best interest of the Town; and WHEREAS, improvements to provide electrical power to Naranja Park are necessary for the public health, safety, and welfare of the residents of the Town; and WHEREAS, entering into an easement agreement with Tucson Electric Power willallow the ability to construct, maintain, and operate the underground primary power line feeder utilized to power. Naranja Park. THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. The Easement Agreement attached hereto as Exhibit "A" is hereby authorizedand approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 3rd day of September, 2014. :moe Dr. Satish I. Hiremath, ayor ATTEST: APPROVED AS TO FORM: ----- , 1(. 13e6r, r, :Ifr;k Tobin Sidles, Legal Services D:re/c/tor CI 75//Yi i gig/1/Y Date Date REIGHT O F # .1.4\ EASEGENT THE TOWN OF ORO VALLEY, ARIZONA, an Arizona municipal corporaiton (hereinafter referred to as "Grantor"), hereby grants to Tucson Electric Power Company, an Arizona corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time electric lines and appurtenant facilities for the transmission and distribution of electricity, consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers, concrete pads, risers, poles, anchors, guy wires and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for communication facilities of other entities, in, over, under, across and along that certain real property described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, landscaping, earth fill, walls or fences upon the above-described easement which would impair the repair, maintenance or removal of any or al! of the facilities. All systems, including electrical and communication installed by Grantee in and upon the above-described easement and right of way, shall remain the personal property of the Grantee and shall not be deemed a part of the realty. Grantee and its contractors, agents and employees shall have the right to trim or top such trees and to cut such roots and remove such obstacles that could endanger or interfere with said systems, and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted. Grantee shall have the right during construction of the initial facilities, to use for the purposes incidental to said construction, a strip of land 10 feet in width adjacent and contiguous to the herein- granted easement and right of way, said strip to be in whole or in part on each side of said easement and right of way, said right to use said strip of land ceasing and being terminated at such time as said initial construction is completed. Grantor shall not increase or decrease the ground surface elevation within the boundary of the above-described easement and right of way after approved final grade is established and meets Grantee's construction standards. Subsequent to the construction, the ground surface shall not be penetrated to a depth in excess of 12 inches by any tool or implement, without having the underground facilities located and taking all necessary precautions to protect them. If subsequent to construction, Grantor changes the grade in such a way as to require relocation of the facilities, the cost shall be borne by Grantor or subsequent owners. Grantor hereby agrees that these covenants are made for the above-described real property which is the subject of this easement and right of way. Grantor hereby warrants and represents, and acknowledges Grantee's reliance upon said warranty and representation, that Grantor has good and sufficient title to the real property in order to grant said easement and right of way, subject to all matters apparent or of record. 2014-1-064 W.R.#277361 Town of Oro Valley Naranja Park 600 W Naranja Easement Page 1 of 2 In consideration of the mutual terms, covenants and conditions herein contained, this easement shall be binding upon and inure to benefit of any heirs, executors, administrators, permittees, licensees, agents, or assigns of Grantor and any successors and assigns of Grantee. /7fri In witness hereof, the Grantor has executed these presents this day of 5F;tore_fvvi3 e , 2 014. The Town of Oro Valley, Ariiona, an Arizona municipal corporaiton ,/ /4. /„..,, A, i.,,., ) „ /,--,1---,77---,24A.,..., SI44ATUEE Dr. Staish I Hiremath PRINTED NAME Mayor TITLE STATE OF / 2-Vj ) ) § COUNTY OF Pr--INAL ) The foregoing instrument was acknowledged before me this 4" day of 3,fr E , 2014, byhsr, SWrISH , H efl'`�-` f# as It'jII yO'R�. for the The Town of Oro Valley, Arizona, an Arizona municipal corporaiton. 7 --M----,_,,-• ----` (9-'---4,- . . '1 ., Notary Public 414,•4 "OFFIC-1AL SEAL' Julie K.Bower _ ►- i Notary Public Arizona l', ti � "1' Pima Count ''1 M Commission Ex i fires 1/19/2015 2014-1-064 W.R.#277361 Town of Oro Valley Naranja Park 600 W Naranja Easement, Page 2 of 2 EXHIBIT "A" Page 1 of 2 LEGAL DESCRIPTION UNDERGROUND UTILITY EASEMENT An easement, 10 feet in width and a transformer easement 15 feet square, for the installation and maintenance of electrical facilities over a portion of Section 2,Township 12 South,Range 13 East of the Gila and Salt River Meridian, Pima County Arizona, the centerline of which is more particularly described as follows: Commencing at a brass capped survey monument at the northeast corner of said Section 2; Thence South 00 . 06' 35" East along the east line of said Section 2 a distance of 2790.00 feet; Thence North 89 ° 53' 25" East a distance of 14.00 feet to an existing electrical transformer and the Point of Beginning; Thence South 89 ° 53' 25" West a distance of 19.00 feet; Thence South 00 ° 06' 35" East parallel with the east line of said Section 2,and 5.00 feet westerly, therefrom a distance of 743.00 feet; Thence North 86 ° 37'00" West a distance of 600.00 feet to the center of a transformer easement 15.00 feet square, the sidelines of which are parallel with and perpendicular to the last described line. The Basis of Bearing for this description is a brass capped survey monument at the northeast corner of Section 2 and a brass capped survey monument at the Southeast corner of Section 2, said bearing being South 00 ° 06' 35" -.. . . 11114I Illpirr,h7,,,,: -.•o / — 447-- -- — ' tow 13187 IlALAN W. "' STEPHENS i r a•s'' • 4.'40411 Z ill ' Expires 6/30/2016 1 page 2 of 2 NUMBER DIRECTION DISTANCE -' - - ►% fANariNE pc,Ap NORTHEAST CORNER SECTION 2, L1 S 00'06'35" E 2790.00' TOWNSHIP 12 S., RANGE 13 EAST. L2 N 89'53'25" E 14.00' L3 N 89'53'25" E 5.00' L3 L4 S 00'06'35" E 743.00' :.'../ lir I 'i 8 EXISTING `O �' Iiro �,g v� URANSFORTMER NH56 cv v) A 1 0i I 10'--®. $ .�. I tz,..s. I i)w . © COMMUNICATIONS I 5.,_. MANHOLE 1 PI 1 1 r j'' 1 N- 100" g t''::; I I CTION LIN , I Pi 1 I 1 10' UNDERGROUNDI r1 ELECTRIC EASEMENT-\1 5'---4-i -a- l o 10' i g 15 10' rL— �` `L. SECTION LINE \-- • 1 �� �� ^.�� N 86'37'00" W 6-00-700-71--.- 5 > 1oililtfThic L ___ _ i- - - - - ,...... __ _ _ ‘6' ‘ I 13187 '� NEW TRANSFORMER tr LSTEPHENS) ALAN W. SECTION LINE ,400w..... —..7=7::::::_ ____ ___11._83,___Loa„...csaifientr_ - - ) inks ( ---'" S .'' /I, ..4motel pp:7 0401i IYX Expires 6/30/2016 I - -- ------ - SOUTHEAST CORNER SECTION 2 NIARANJA MK TOWNSHIP 12 S., RANGE 13 EAST DRAWN BY: T.M.S. EASEMENT EXHIBIT I SHT. NO. DATE: 07/18/2014 AN EASEMENT OVER A PORTION OF SECTION 2, TOWNSHIP 12 SOUTH, DWG. NO.: 14130 RANGE 13 EAST OF THE GILA AND SALT RIVER MERIDIAN, PIMA 1 OF 1 COUNTY ARIZONA. APPROVED BY: A.W.S. Ili ! ` TEO Tucson Electric Power P.O. Box 711, Mail Stop HQW603 Tucson,AZ 85702 Telephone: 520-917-8747 Fax: 520-545-1437 WR#277361 August 1, 2014 Mr. Mike Sellers Town of Oro Valley 2845 E. Ganley Rd. Tucson, AZ 85706 Dear Mr. Sellers: SUBJECT: Right-of-Way Easement Town of Oro Valley Naranja Park 600 W Naranja In preparation to provide electric service to 600 W Naranja, Tucson Electric Power Company (TEP) requires a right-of-way easement to install electrical facilities within a portion of this property. The legal description on the enclosed easement and sketch defines the area required. Please have the easement signed by an authorized principal for The Town of Oro Valley, Arizona, in the presence of a notary public. Return the signed original to TEP for recordation in the enclosed envelope and retain the copy for your records. If you have any questions or need further information, I can be reached at(520) 917-8747. Sincerely, Ll'A 9 -‘ 1 l-, ?-4-:i- ""it'' atricia Ann Smith Right of Way Agent II Land Resources pas cc: JEckenrod, TEP Enclosures