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HomeMy WebLinkAboutEasements - 05/20/19 Town of Oro Valley, a political subdividion (Grantor) hereby grants to Tucson Electric Powe r. ANN KVLKIUULG, K.UUKU.A 1IN1111111111 llll1111111111HIIl�l11111 HMI!111111111 II Recorded By: VMV o�' DEPUTY RECORDER 744.10OD SEQUENCE: 20191690046 4998 NO. PAGES: 6 OTEPC t7u uhti ���� 06/18/2019 TUCSON ELECTRIC POWER meq, �' 8:45:43 PICKUP '�LV� RIGHT OF WAY EASEMENT TOWN OF ORO VALLEY,A POLITICAL SUBDIVISION (hereinafter referred to as"Grantor"),hereby grants to Tucson Electric Power Company,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,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(taken together,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 and communication structures 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 the initial construction of the Facilities,to use for the purposes incidental to said construction,a strip of land 10 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. p Easement,Page 1 of 2 W.O.tt t,lOD 3 g REVISED JAN 2016 Oro Valley Police Substation-500 W Magee Rd 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 _ day of '41A), ,2019. TOWN•F ORO VALLEY,a••litical subdivision � � I A Uosep C.Winfield,Mayor ATTEST APPROVED AS TO FORM MichStandish,To Clerk Tob S fifes, egal Servfc-s Director Easement,Page 2 of 2 W.O.#/P°.D 83 9-$ REVISED JAN 2016 Oro Valley Police Substation—500 W Magee Rd Exhibit"A"-Page 1 of 2 17 MERIDIAN SURVEYING&DEVELOPMENT Land Surveyors•Engineers LEGAL DESCRIPTION A ten foot wide easement for the installation and maintenance of electrical equipment and appurtenances within the Southwest Quarter of Section 25,Township 12 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona,and within a portion of Lot 3 of Magee Plaza Lots 1-5 as recorded in Book 17 at Page 60,Maps and Plats at the Pima County Recorders,Pima County,Arizona. The centerline of said ten foot wide easement is more particularly described as follows. Commencing at the South Quarter Corner of said Section 25. Thence along the South Section line of Section 25,South 89°29'51"West,a distance of 2,360.61 feet; Thence North 00°30'09"West,a distance of 75.00 feet to the North Right of Way of Magee Road,as it now exists,and the southwest corner of that parcel described in Sequence#20160250596. Thence continue North 00°22'02"West,along the west line of aforementioned parcel,a distance of 119.86 feet,to the"Point of Beginning"of this ten foot wide easement. Thence proceed to the right,along a five foot radius,concave to the southwest,whose radius point bears South 00°22'02"East,an arc distance of 7.85 feet; Thence South 00°22'02"West,parallel with the west line of the aforementioned parcel,a distance of 99.85 feet,to"Point A",and the"Point of Terminus"of this ten foot wide easement. Together with a fifteen by fifteen foot wide transformer easement,which is more particularly described as follows. Commencing at the aforementioned"Point A",said point being the"Point of Beginning"of this easement. Thence North 89'37'58"East,a distance of 9.76 feet; Thence South 00'22'02"East,a distance of 14.98 feet,to the North Right of Way of Magee Road; Thence South 89'29'51"West,along the North Right of Way of Magee Road,a distance of 15.00 feet; Thence North 00°22'02"West,a distance of 15.00 feet; Thence North 89'37'58"East,a distance of 5.24 feet,to the"Point of Beginning"of this easement. The total area of these easement is 1,323.50 feet,more or less. ia 1 ;1,14-,s-i'--t ,,.. ,,,,„w„, ' �(rilMICAEL` 1 • a DEMPLE 4Y % sr.nee - p• 4912oN ‘35's. 5 'Lo , 1684 S.Research Loop er522 Tucson,Anzona 85710 phone.520-325-6990 fat.520-325-7063 email mdemplefmcridian-surveying corn Exhibit"A"-Page 2 of 2 zu-; c ,: a Z _�0 Q owo n 1- li TZ D ^loco . m O Z~Q (27. 6.ur m `O V �0 m Z cc oN. 0 0 N z �-�16,-1E2 p) ��oX y'-'Oft o O U r-a U� m EL �� ° o — O W, 1— N ffibi .� s � ca�J U z NJ of_ta N=0 rrll __W 0- i-m L.,.....< � C���Z .L WCn � '• }a Q ----•.< N J Q Q WLU r,-3-z 4:2:1Oy cni50 4:2:1r NI pO W W- 0Jm M I < =� ow 6 2 Qzi D3nc, zy ,—� U < LL1 mri 1.000 N0o -W IM ER W<cc a_ • NOQ1Q.bd 7.21, • =t`nv 61 o U / \u1 n gid In V1 � • N40 311.161M • Z. s}y 137.7Y 420 151" W in,.-, w N00'21.27V Li • 70.3. 'o' n 161.29 íA� I. 12 Eff, zis .g1W il . .i D.1.10§ 7 3f1N3AV N?J3HIdON ......Z lO,MOON C 0 D RESOLUTION NO.(R)19-19 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZANA, GRANTING AN EASEMENT TO TUCSON F.LF.CTRIC POWER FOR ELECTRICAL LINES AT THE ORO VALLEY POLICE SUBSTATION LOCATED AT 500 W. MAGEE RD; 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 an easement to Tucson Electric Power, so that power may be provided to the Oro Valley Police Substation located at 500 W.Magee Rd. in Oro Valley, and WHEREAS,the Town owns the Oro Valley Poke Substation located at 500 W.Magee Rd.;and WHEREAS, in order to provide power to the Oro Valley Police Substation, Tucson Electric Power requires an easement which is described in Exhibit"A"attached hereto; and WHEREAS,it is in the best interest of the Town to grant an easement to Tucson Electric Power so that electrical lines can be laid to provide power to the Oro Valley Poke Substation located at 500 W.Magee Rd. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley as follows: SECTION 1. The easement attached hereto as Exhibit "A" is hereby approved and granted to Tucson Electric Power. SECTION 2.The Mayor is authorized to execute and the Town Clerk is authorized to attest to the attached Exhibit "A"for and on behalf of the Town. 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Armon, this 15th day of May,2019. OF(k) ORO V Y Jo--. C.Winfield, ayor ATTEST: APPROVED AS TO FORM: 417, 6 :fit Michael Standish, Town Clerk obin Sidles,Legal Services Director Date: 51.0 Date: /2-i f f