HomeMy WebLinkAboutResolution 2015-044 Authorizing Right of Way EasementMARANA RESOLUTION NO, 2015-044
RELATING TO REAL ESTATE AUTHORIZING THE TOWN ENGINEER TO EXECUTE A
NON-EXCLUSIVE ELECTRICAL RIGHT OF WAY EASEMENT IN FAVOR OF TUCSON
ELECTRIC POWER COMPANY ACROSS THE PUBLIC DRAINAGEWAY SOUTH OF
MARANA CENTER PARCEL 4
WHEREAS the Town of Marana received a fee title dedication of a public draina
b the recordin of the Marana Center Final Block Parcels 1-5, recorded in the Pima Count
Recorder's office on Au 22, 2014, at Se 20142340180 and
WHEREAS Tucson Electric Power Compan re the execution of a non-exclusive
electrical ri of wa easement across the public draina south of Marana Center Parcel 4
as a condition of providin electrical service to Marana Center.
NOW,, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town En is hereb authorized to execute the electrical "Ri of
Wa Easement" in favor of Tucson Electric Power Compan in substantiall the form attached as
Exhibit A to and incorporated b this reference in this resolution.
SECTION 2. The Town's Mana and staff are hereb directed and authorized to
undertake all other and further tasks re or beneficial to carr out this resolution.
PASSED AND ADOPTED BY THE MAYOR ANT) COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this .19th day of May, 2015.
� N
/Nv
t)k MARANA17
ATTEST:
Izo,
cel Bronson, Town Clerk
V
Ma Ed onea
{ 000417 7 1. DOC /)
Marana Resolution No. 2015-044 5/5/2015 8:39 AM FJC
RIGHT OF WAY EASEMENT
THE TOWN of MARANA, an Arizona municipal 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 "), a 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 necessary or useful for distributing electrical energy 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 all of the
facilities. Grantee acknowledges and understands that the above - described easement and right of way is
through a Grantor -owned and maintained reinforced concrete drainage channel, which shall remain in
place notwithstanding this easement. 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.
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.
2008 -1-203
W.R. #267597
Premium Outlets
4976 Premium Outlets
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.
In witness hereof, the Grantor has executed these presents this _ 2,0 ., day of
fAA � � , 2015.
The Town of Marana, a municipal corporation
SI ATURE
1<e, 14 1& - xo 7 e i
PRINTED NAME
: ro &,^ od , net''
TITLE
STATE OF )
COUNTY OF
The foregoing instrument was acknowledged before me this ,�-l day of , 2015,
by � as �8'Lt�.�.- for
the The Town of Marana, a municipal corporation.
Notary ublic
0 011 g l ) Suzanne Sutherland
Notary Public
Pima County, Arizona
My Comm. Expires 09 -11 -18
2008-1-203
W. R. #287597
Premium Outlets
4976 Premium Outlets
Easement, Page 2 of 2
Wood, Patel &Associates, Inc.
(602) 335 -8500
www.lvoodpatel. com
PARCEL DESCRIPTION
Tucson Electric Power Company
Electric Line Easement
May 1, 2015
AT # 134026.81
Page 1 of 3
See Exhibit "A"
A portion of the Public Drainageway of Marana Center Final Block Plat, recorded in Sequence Number
20142340180, Pima County Records (P.C.R.), lying within the northeast quarter of Section 22, Township
12 South, Range 12 East, of the Gila and Salt River Meridian, Pima County, Arizona, more particularly
described as follows.
COMMENCING at the east quarter corner of said Section 22, a 2 -inch open iron pipe with tag 4253,
from which the northeast corner of said section, a MAG nail, bears North 00 1 30'54" West (basis of
bearing), a distance of 2633.58 feet;
THENCE along the east -west mid - section line of said Section 22, South 89 °34'53" west, a distance of
1232.62 feet, to a point on the southerly line of said Public Drainageway, the northerly line of that certain
Right-of-Way Easement described in Book 1766, page 116, P.C.R. , and the POINT OF BEGINNING;
THE NCE continuing along said east -west mid - section line, along said southerly line and said northerly
line, South 59 0 34'53" west, a distance of 1 0.86 feet;
THENCE leaving said east-west mid - section line, said southerly line and said northerly line, North
22'30'09" East, a distance of 8.31 feet;
THENCE North 10 °01'41." East, a distance of 6S.S0 feet;
THENCE North 09 East, a distance of 15.19 feet, to the northerly line of said Public
Drainageway, also being the southerly line of Parcel 4 of said Marana Center Final Block Plat;
THENCE along said northerly line and said southerly line, North 5934'53" East, a distance of 1 0.14
feet;
THENCE leaving said northerly line and said southerly line, South 09'00'12" west, a distance of 16.94
feet;
THENCE South 10 °01'41" west, a distance of 69.68 feet;
Parcel Description
Tucson Electric Power Company
Electric Line Easement
May 1, 2015
WP # 134026-81
Page 2 of 3
See Exhibit "A."
THENCE South 22 °30'09" West, a distance of 5.17 feet to the POINT OF BEG G.
Containing 919 square feet or 0.0211 acres, more or less.
Subject to existing rights -of -way and easements.
This parcel description is based on Marana Center Final Block Plat, recorded in Sequence Number
20142340180, Pima County Records and other client provided information.. This parcel description is
located within an area surveyed by Wood, Patel and Associates, Inc. during the month of December,
2013. Any monumentation noted in this parcel description is within acceptable tolerance (as defined in
Arizona Boundary Survey Minimum. Standards dated 0211412402) of said positions based on said survey.
YAWP\Parcel Descriptaansl2013 Parcel Descriptionsli34025.81 Tucson Electric Power Company Electric Line Easement L19 05- 01- 15.doc � L n
46118 Z_
KATHY M.
SVEC HOVS K -
0
�,.
f e - ..
EXPIRES 03- 31 -16
LINE TABLE
LINE
BEARING
DISTANCE
L1
-589 °34'53 "W
10.86'
L2
N 22 °30'09 "E
8.31'
L3
L4
N10 °01'41 "E
N 09 0 00'12 E
68.50'
15.19'
L5
N89 0 34'53 "E
1 0.14'
L6
S09 °00'12 "W
16.94'
L7
L8
510 °01'41 "W
S22 09 tr W
69.68'
5.17'
NE. COR. SEC. 22
T.125. R.12E,
MAC NAIL
MARANA CENTER
PARCEL 4
SEQU N O.
20142340180, P.C.R.
I�
I"
to
I
0
z
i
I L - \ - , - , .
CENTER OF
SECTION 22,
7.12S., R.12E.
CALCULATED POSITION
L1
POINT OF -
BEGINNING
18 11 1232.62'
S89 °34'53 "'W 2625.21'
E. 1/4 COR.
SEC. 22, T.1 2S., R.12E.
2" OPEN IRON PIPE
WITH TAG 4253
POINT OF COMMENCEMENT
N
� LANO
►car� s G
co G 46118
KATHY M. n'
W 0 SVECHOVSIC�v �
OD/PATEL � °dr > >::�
MISSION: CLIENT SERVICE" q
(602) 335 -8500
W W W.WOODPA'I'ET...COM
PHOENIX -MESA - TUCSON
EXP ES 03 -31 -16
EXHIBIT "A"
TUCSON ELECTRIC POWER COMPANY
ELECTRIC LINE EASEMENT
05I01I2015
WP #134026.81
PAGE 3 OF 3
NOT TO SCALE
N:12013\134026 Mara nal5urveylLegaIWQ26L.19.dwg