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Home My WebLink AboutResolution 2024-012 Approving and Authorizing the Mayor to Execute a Right of Way Easement in favor or Tucson Electric Power Company MARANA RESOLUTION NO. 2024-012 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A RIGHT OF WAY EASEMENT IN FAVOR OF TUCSON ELECTRIC POWER COMPANY,TO PROVIDE POWER SERVICE TO SOUTHWEST GAS CORPORATION'S NEW NATURAL GAS TAP SITE,OVER ORA MAE HARN DISTRICT PARK PROPERTY WHEREAS the Town of Marana owns and maintains the real property acquired for Ora Mae Ham District Park, recorded on April 16, 1991, in Docket 9018, Page 810 in the Pima County Recorder's Office; and WHEREAS Southwest Gas Corporation ("SWG") has submitted a request for a Right of Way Easement in favor of Tucson Electric Power Company ("TEP") to provide power service to SWG's new natural gas tap site; and WHEREAS the Mayor and Council of the Town of Marana find that the public interests are served by approving this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The right of way easement in favor of TEP in substantially the form attached as Exhibit A and incorporated by this reference in this resolution, is hereby approved, and the Mayor is hereby authorized to sign the Right of Way Easement and any associated documents for and on behalf of the Town of Marana, SECTION 2. The Towri s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the right of way easement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of February 2024. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: J,,AJ David U*STown Clerk Jane irall, Town Attorney MARANA AZ ESTABLISHED 197 Resolution No.2024-012 -1 - Exhibit A to Marana Resolution No. 2024-012 RIGHT OF WAY EASEMENT 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"), 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 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. W. O. # T85272 Easement, Page 1 of 2 SW GAS LINE EXT 13250 N LON ADAMS RD.. SCADA REVISED JAN 2016 Exhibit A to Marana Resolution No. 2024-012 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 .2024. Town of Marana, an Arizona municipal corporation SIGNATURE PRINTED NAME TITLE STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of by as Town of Marana, an Arizona municipal corporation. Notary Public day of 2024, for W. O. # T85272 Easement, Page 2 of 2 SW GAS LINE EXT 13250 N LON ADAMS RD.. SCADA REVISED JAN 2016 Exhibit A, Page 1 of 6 Exhibit A to Marana Resolution No. 2024-012 ALTA A R I z 0 N A 2025 W. Ruthrauff Road, Suite 125 • Tucson, Arizona 85705 Office: 520.398-6651 PROJECT NO. 230228 DATE: November 14, 2023 APN 217-36-004D Electric Easement A 10.00 foot wide electric easement over a portion of that certain parcel recorded at Sequence Number 91041962, in the Office of the Recorder, Pima County, Arizona, located in the Southwest Quarter of the Northeast Quarter of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the southwest corner of the Northeast Quarter (Center 1/4) of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona monumented by a 3 inch brass capped survey monument stamped "Town Of Marana RLS 13187" from which the southeast corner of the Northeast Quarter (East 1/4) of said Section 27 monumented by a 3 inch brass capped survey monument stamped "Town Of Marana RLS 13187" bears North 89°18'47" East, 2645.98 feet distant (Basis of Bearings for this description); Thence North 89°18'47" East upon the south line of the of the Northeast Quarter of said Section 27, a distance of 411.82 feet; Thence North 00°41'13" West, a distance of 71.75 feet to the POINT OF BEGINNING; Thence continuing North 00°41'13" West, a distance of 3.25 feet to the southeast corner of that certain parcel recorded at Sequence Number 20223540490; Thence continuing North 00°41'13" West upon the east line of said parcel recorded at Sequence Number 20223540490, a distance of 6.75 feet to a line 81.75 feet north of and parallel with said south line; Thence North 89°18'47" East upon said parallel line, a distance of 40.91 feet to the west line of a Tucson Gas and Electric Company easement recorded in Book 2619 at Page 121 in the Office of the Recorder, Pima County, Arizona; Page 1 of 2 Exhibit A to Marana�es��u�tion6No. 2024-012 ALTA A R I z 0 N A 2025 W. Ruthrauff Road, Suite 125 • Tucson, Arizona 85705 Office: 520.398-6651 Thence South 00°36'49" East upon said west line, a distance of 10.00 feet to a line 71.75 feet north of and parallel with said south line; Thence South 89°18'47" West upon said parallel line, a distance of 40.90 feet to the POINT OF BEGINNING. Said easement contains 409 square feet as described. PREPARED BY: Alta Arizona Gregory W. Bauer, RLS Page 2 of 2 Exhibit A to N kAPWFfMdtV No. 2024-012 moo—�--�--�— Ro oo (,) 777NCo= + r++ . r r�o rr r �Dr Exhibit A to NFr6PWW ldtV No. 2024-012 A LTA A R I NZ q 2025 W. Ruthrauff Road, Suite 125 • Tucson, Arizona 85705 Office: 520.398-6651 PROJECT NO. 230228 DATE: December 21, 2023 APN 217-36-004D Electric Easement A 5.00 foot wide electric easement over a portion of that certain parcel recorded at Sequence Number 91041962, in the Office of the Recorder, Pima County, Arizona, located in the Southwest Quarter of the Northeast Quarter of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the southwest corner of the Northeast Quarter (Center 1/4) of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona monumented by a 3 inch brass capped survey monument stamped "Town Of Marana RLS 13187" from which the southeast corner of the Northeast Quarter (East 1/4) of said Section 27 monumented by a 3 inch brass capped survey monument stamped "Town Of Marana RLS 13187" bears North 89°18'47" East, 2645.98 feet distant (Basis of Bearings for this description); Thence North 89°18'47" East upon the south line of the of the Northeast Quarter of said Section 27, a distance of 455.63 feet to the west line of an electric easement as described in Docket 5224 at page 915 in the office of the Recorder, Pima county, Arizona; Thence North 00°36'49" West, upon said west line, a distance of 25.00 feet to the POINT OF BEGINNING at POINT "A" on the south right of way of Barnett Road; Thence South 89°18'47" West, upon said south right of way, a distance of 5.00 feet; Thence North 00°36'49" West a distance of 46.75 feet; Thence North 89°18'47" Easta distance of 2.00 feet to the west line of an electric easement as described in Docket 2619 at Page 121 in the office of the Recorder, Pima County, Arizona; Thence South 00°36'49"East, upon said west line, a distance of 1.75 feet to the southwest corner of said easement; Thence North 89°18'47" East, upon the south line of said easement, a distance of 3.00 feet to the west line said electric easement as described in Docket 5224 at Page 915; Page 1 of 2 Exhibit A to WMA Uf& No. 2024-012 A LTA A R I NZ q 2025 W. Ruthrauff Road, Suite 125 • Tucson, Arizona 85705 I Office: 520.398-6651 Thence South 00°36'49" East, upon said west line, a distance of 45.00 feet to the POINT OF BEGINNING. Said easement contains 228.5 square feet as described. TOGETHER WITH A 5.00 foot wide electric easement over a portion of that certain parcel recorded at Sequence Number 91041962, in the Office of the Recorder, Pima County, Arizona, located in the Southwest Quarter of the Northeast Quarter of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMECING at POINT "A"; Thence North 89°18'47" East, upon the north right of way of Barnett Road, a distance of 10.00 feet to the POINT OF BEGINNING at the east line of and electric easement as described in Docket 5224 at Page 915 in the office of the Recorder in Pima County, Arizona; Thence North 00°36'49" West, upon the east line of said easement, a distance of 45.00 feet to the south line of an electric easement as described in Docket 2619 at Page 121 in the office of the Recorder Pima County; Thence North 89°18'47" East, upon the south line of said easement, a distance of 5.00 feet; Thence South 00°36'49" East a distance of 45.00 feet to the north line of said Barnett Road right of way; Thence South 89°18'47" West, upon said right of way, a distance of 5.00 feet to the POINT OF BEGINNING. Said easement contains 225.0 square feet as described. PREPARED BY: Alta Arizona Gregory W. Bauer, RLS Page 2 of 2 Exhibit A tSMMAr DWAfMon No. 2024-012 0oo �cNJn C ^NBZN=n 0 ' r r r r r rzC(JXO1 r r r r r