HomeMy WebLinkAboutEasements - 10/30/1990, ROW Electrical Easement, PHS Mortgage, Inc. (Grantor), Resolution 90-57 granting TEP an RECEIVED
p y NOV 1 3 1990
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TOWN of ORO.YALU%
RIGHT OF WAY EASEMENT Book Page
Date
PHS MORTGAGE, INC., an Arizona corporation
(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, va ts, m5n1oles, handholes, and including above-ground
enclosures,markers,concrete pads,Timms-,des,a s and other appurten: res n�i pment
necessaryor useful for distributingelectrical energyand communication facilities,in,{_'� ,un er,�1e s along
that certain real property described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Approval By: The Valley National Bank of Arizona, as Trustee under Trust Agreement dated
Dec-t6 1, 1989
By: r IUU i6° As: Corporate Officer
Approval By: The To of Oro Valley, as Lessee under Lease-Purchase Agreement dated
Decemb r 1, 1989, and recorded in Pima County in Book 8684 at Page 1615
By: ` As: Mayor
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 herein described
easement, which would impair the repair, maintenance or removal of any or all 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.,o e fj-
Grantee and its contractors,agents and employees shall have the 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 either 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 existing at the date of the execution of this instrument. 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,the grade is changed 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,and Grantor holds Grantee harmless from claims for trespass which may be made
by parties having an interest in the above described real property that have not entered into this agreement.
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 the successors and assigns of the Grantee.
In witness hereof,the Grantor has executed these presents this 30 day of QCTa-12,6 ,19 90
PHS MORTGAGE, INC., an Arizona corporation
BY: _ �. _ _.._ AS:
A. 'NI cam-l'r'esi dent
V
STATE OF A 12- N )
) ss.
County of --Pi m A )
This instrument was acknowledged before me,the undersigned notary public,by
Livy v e+'-
as for PHS Mortgage, Inc., an Arizona corporation
this day of ,19
My CommissioOFFICIAL SEAL
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1117113LIC
ENGINEE,11ING, INC. : Revised October 3 , 1990
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Revised25 , 1990
Aug. 30 , 1990
4
JOHN B.TRIMBLE,RE.,R.L.S. , .
Civil Engineer i
'1
THOMAS H.TRIMBLE,RE.,R.L.S. i
Civil Engineer LEGAL DESCRIPTIONS
ELECTRICAL EASEMENTS
1 c;•,,, EASEMENT #1
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A 15 foot wide electrical easement being 7 . 50 foot wide
on each side of the following described centerline of
0
. Engineerung '.-1' which is described as follows :
li
• Planning , ,
COMMENCING at the Southwest corner of the Northwest
,
• Hydrology
Quarter of Section 11 , Township 12 South, Range 13 East ,
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Gila and Salt River Base and Meridian, Pima County,
,
• Site Development ' ' ?„ Arizona;o
,
• Landscape Design ,:k, THENCE North 00 degrees 01 minutes 41 seconds West along
the West line of said Northwest Quarter, a distance of
. i
' Surveying 5 .. s1 1 ,7 3 9 . 7 0 feet to a point;
•
• CADD , 4
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',- , :t THENCE North 89 degrees 58 minutes 19 seconds East , a
• distance of 75 feet to a point;
, . _ , ,
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, *, THENCE North 00 degrees 01 minutes 41 seconds West , a
' '''' '''''' distance of 30 . 25 feet to a point;
THENCE North 89 degrees 58 minutes 19 seconds East , a
distance o
f 7 . 50 feet to the TRUE POINT OF BEGINNING of
-- - - -,,,,,,,,.., #,4, said easement;
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THENCE South 00 degrees 01 minutes 41 seconds East , a.
distance of 15 .00 feet to the point of terminus of this
' ' . • ' ' - - - , -',: -J-'1 easement .
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"CRIE13LE
EASEMENT #3
ENGINEERING, INC.
A 15 foot wide electrical easement being 7.50 foot wide
JOHN B.TRIMBLE,RE.,R.L.S. on each side of the following described centerline of
Civil Engineer which is described as follows:
THOMAS H.TRIMBLE,P.E.,R.L.S.
Civil Engineer
COMMENCING at the Southwest corner of the Northwest
Quarter of Section 11, Township 12 South, Range 13 East,
Gila and Salt River Base and Meridian, Pima County,
Arizona, run North 00 degrees 01 minutes 41 seconds West
along the West line of said Northwest Quarter, a
distance of 1739.70 feet to a point;
• Engineering
THENCE North 89 degrees 58 minutes 19 seconds East, a
• Planning distance of 75.00 feet to a point;
• Hydrology THENCE North 00 degrees 01 minutes 41 seconds West, a
distance of 10.25 feet to a point;
• Site Development
• Landscape Design THENCE South 89 degrees 56 minutes 10 seconds East, a
distance of 252.53 feet to a point of curvature;
• Surveying
THENCE Northeasterly along a circular arc concave to the
• CADD North whose central angle is 45 degrees and radius is
12.50 feet, a distance of 9.82 feet to a point of
tangency;
THENCE North 44 degrees 56 minutes 10 seconds East, a
distance of 94.24 feet to TRUE POINT OF BEGINNING of
said easement.
THENCE North 44 degrees 56 minutes 10 seconds East, a
distance of 15.00 feet to the point of terminus of said
easement.
Page 3 Of 3
1656 North Fifteenth Avenue
Tucson,Arizona 85705
Ref: TEI #1002-90
(602)623-8891
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TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: 10-17-90
TO: HONORABLE MAYOR AND COUNCIL
FROM: Jon L. Devner, Town Manager
SUBJECT: Resolution Approving a Right of Way Easement for Tucson
Electric Power Company (TEP)
SUMMARY:
Bob Maassen indicates that we need to grant TEP an easement in order for
TEP to provide power to our new Town Hall.
ATTACHMENTS:
1. Resolution No. ( R)90-57
2 . Right of Way Easement
RECOMMENDATION:
Approval
FISCAL IMPACTS
N/A
SUGGESTED MOTIONS
I move that Resolution No. ( R)90-57 be approved.
/.IGNATUR j OFD ' .RTMENT HEAD
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TOWN MANAGER'S REVIEW
21 ILoir
ris ,
FOOTHILLS BUSINESS PARK 10900 NORTH STALLARD PLACE-SUITE 100
0 ORO VALLEY,ARIZONA 85737 (602)297-2591
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November 1, 1990
Marilyn Hart
Tucson Electric Power
P. O. Box 711
Tucson, AZ 85702
RE: Right-of-way easement to Tucson Electric Power to allow for
electrical power at the E. S. "Steve" Engle Town Hall
Dear Ms. Hart:
Enclosed is 1 original and 1 duplicate original of the above
referenced easements.
Once this easement has been recorded, would you send a recorded
copy to my attention for our records.
Thank you for your assistance.
Sincerely,
"1/44":71-1,),L/ d(-(4.-(.4(c_:,
Kathryn Cuvelier, CMC
Town Clerk
•
E 'STEVE`ENGLE.Mayor CATHY MUFAULT,Vtce Mayor CHERYL SKAISKY.Counolmember
STEPHEN E.RENNECKAR,Counctlmember WILLIAM M SCROGGINS,III,Councilmember ION L DEVNER.Town Manager