HomeMy WebLinkAboutEasements - utility easement for the sole purpose of providing additional power to expanded Verizon telecommunicRESOLUTION NO. (R)24-04
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, GRANTING A UTILITY
EASEMENT TO TUCSON ELECTRIC POWER (TEP) FOR THE
COMMUNICATION FACLITY LOCATED AT 551 W. LAMBERT
LN. TO ALLOW TEP TO INSTALL AND MAINTAIN THE
INFRASTRUCTURE NECESSARY TO PROVIDE POWER TO
THIS SITE; AND DIRECTING THE TOWN MANAGER, TOWN
CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR
DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL
STEPS NECESSARY TO CARRY OUT THE PURPOSES AND
INTENT OF THIS RESOLUTION
WHEREAS, the Town desires to grant a utility easement to Tucson Electric Power, so
that power may be provided to the Communication Facility located at 551 W. Lambert
Ln.; and
WHEREAS, the Town owns the property that the Communication Facility is on and is
currently leasing it to Verizon Communications, Inc.; and
WHEREAS, in order to provide power to the Communication Facility, Tucson Electric
Power (TEP) requires a utility easement allowing them access to the property to install
and maintain the necessary infrastructure; and
WHEREAS, it is in the best interest of the Town to grant the Easement, attached here to
as Exhibit "A", to TEP so that they may access the property located at 551 W. Lambert
Ln. and install and maintain the necessary infrastructure to provide power for the
Communication Facility.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the
Town of Oro Valley, Arizona, that:
SECTION 1. The Town of Oro Valley hereby grants the Easement,
attached here to as Exhibit "A", to TEP so that they may access the
property located at 551 W. Lambert Ln. and install and maintain the
necessary infrastructure to provide power for the Communication Facility.
SECTION 2. That the Mayor of the Town of Oro Valley is hereby
authorized to execute the Easement, attached here to as Exhibit "A".
SECTION 3. The Town Manager, Town Clerk, Town Legal Services
Director, or their duly authorized officers and agents are hereby authorized
and directed to take all steps necessary to carry out the purposes and intent
of this resolution.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this Resolution or the Easement, attached hereto as Exhibit "A",
is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions thereof.
SECTION 5. All Oro Valley resolutions or motions and parts of
resolutions or motions of the Council in conflict with the provision of this
Resolution are hereby repealed.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 7th day of February, 2024.
ATTEST:
E-SIGNED by Michael Standish
on 2W2-14 15:39:36 GMT
Michael Standish, Town Clerk
TOWN OF ORO VALLEY
E-SIGNED by Joseph C. Winfield
on 2024 .Q2-12 22:03:05 GMT
Joseph C. Winfield, Mayor
E-SIGNED by Tobin Sidles
on 20- ,,. 2-14 15:20:51 GMT
Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT "A"
20240450208
Submitted for recording by 02/14/2024 10:09 AM Page 1 of 7
the Town of Oro ValleyeRECORDED IN OFFICIAL RECORDS OF PIMA COUNTY, Az
Gabriella Gazares-Kelly, Recorder
Government Entity
UTILITY EASEMENT
TOWN of ORO VALLEY, ARIZONA, A Political Subdivision of the State of Arizona
y grants to Tucson Electric Power Company, hereinafter referred to as "Grantor"), harsh an Arizona
corporation, its successors and assigns (hereinafter referred to as "Grantee"), for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, a perpetual non-exclusive
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, hndholes, 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 (the "Facilities"), in, over, under, across and along that certain real property
described as follows (the "Easement"):
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Grantor further conveys to Grantee, for purposes of ingress and egress to the Easement, a right of
access over, upon or along Grantor's property as is reasonably necessary to access the Easement. Grantee
shall repair any damage to Grantor's property that results from any such ingress or egress.
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
Easement that would impair the repair, maintenance or removal of any or all of the Facilities. All
Facilities, including electrical installed by Grantee in and upon the Easement, 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 the Facilities, and
shall have free access to the Facilities at all times for the purpose of exercising the rights herein granted.
Grantee shall have the right during initial construction of the Facilities, to use for the purposes
incidental to said construction, a strip of land 1 0 feet in width adjacent and contiguous to the Easement,
said strip to be in whole or in part on each side of the Easement, 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 boundaries of the
Easement 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 or alteration of the Facilities, the cost shall be borne by Grantor or subsequent owners.
Grantor hereby agrees that these covenants are made for the herein -described real property which
is the subject of this Easement. 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 this Easement.
W. Q. # T33615 Easement, Page 1 of 2
VERIZON WIRELESS SITE UPGRADE 551 W LAMBERT LN, CE REVISED JAN 2016
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.
In witness hereof, the Grantor has executed these presents this 7th day of February, 2024.
Town of Oro Valley, Arizona, A Political Subdivision of the State of Arizona
E-SIGNED-by Joseph C. Winfield
on
.0 -2Q.02 2 -12 2 2:0 3:12 G M T
SIGNATURE
Joseph C. Winfield
PRINTED NAME
Mayor, Town of Oro Valley
TITLE
ATTEST:
E-SIGNED-,-by Michael Standish
on 2-14 15:39:41 GMT
SIGNATURE
Michael Standish
PRINTED NAME
Town Clerk, Town of Oro Valley
TITLE
Zteivi: I
E-SIGN " E -1 D by Tobin Sidles -
on 2Q242-14 15:20:57 GMT
SIGNATURE
Tnhin Sirllp-q
PRINTED NAME
Legal Services Director, Town of Oro Valley
TITLE
W. O. # T33615 Easement, Page 2 of 2
VERIZON WIRELESS SITE UPGRADE 551 W LAMBERT LN, CE REVISED JAN 2016
DESCRIPTION FOR AN EASEMENT FOR UNDERGROUND UTILITIES, BEING IN BLOCK 2 OF THE
SUBDIVISION VISTA DEL ORO I, IN SECTIONS 11, 127 AND 13, TOWNSHIP 12 SOUTH, RANGE 13
EAST OF PIMA COUNTY, STATE OF ARIZONA
A 10.00 FOOT WIDE STRIP OF LAND FOR UNDERGROUND UTILITIES, BEING IN THE
PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED AT SEQUENCE NO. 96159837
OF PIMA COUNTY RECORDS, STATE OF ARIZONA, RECORDED IN THE OFFICE OF THE CLERK
OF SAID COUNTY ON SEPTEMBER 19, 1996, SAID PROPERTY BEING A PORTION OF BLOCK 2
OF THE SUBDIVISION VISTA DEL ORO I AS RECORDED IN BOOK 35, PAGE 94 OF MAPS AND
PLATS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP FLUSH LOCATED AT THE INTERSECTION OF WEST LAMBERT
LANE AND NORTH HIGHLAND DRIVE, FROM WHICH A BRASS CAP FLUSH BEARS SOUTH
85006'01" WEST, A DISTANCE OF 426.35 (BASIS OF BEARING); THENCE ALONG THE
CENTERLINE OF SAID LAMBERT LANE SOUTH 85006'01" WEST, A DISTANCE OF 219.92 FEET;
THENCE DEPARTING SAID CENTERLINE SOUTH 00000'00" EAST, A DISTANCE OF 75.28 FEET
TO THE NORTHEAST CORNER OF SAID BLOCK; THENCE ALONG THE WEST LINE OF SAID
BLOCK SOUTH 31 °46'00" EAST, A DISTANCE OF 512.37 FEET; THENCE SOUTH 85049'47" WEST,
A DISTANCE OF 261.33 FEET TO A POINT ON THE WEST LINE OF THE UTILITY EASEMENT
DESCRIBED IN DOCKET 12119, PAGE 4554 OF PIMA COUNTY RECORDS, ALSO BEING THE
POINT OF BEGINNING;
THENCE ALONG SAID LINE SOUTH 01 005'41" WEST, A DISTANCE OF 17.80 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 09017'42" WEST, A DISTANCE OF 19.93 FEET;
THENCE DEPARTING SAID LINE NORTH 80042'18" WEST, A DISTANCE OF 10.00 FEET;
THENCE NORTH 09017'42" EAST, A DISTANCE OF 19.22 FEET;
THENCE NORTH 01 005'41" EAST, A DISTANCE OF 17.08 FEET;
THENCE SOUTH 88054'19" EAST, A DISTANCE OF 10.00 FEET
TO THE POINT OF BEGINNING.
CONTAINING 370 SQUARE FEET, MORE OR LESS.
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