HARQUAHALA VALLEY POWER DISTRICT.PDF

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20130300323,04/03/2013 09:36
When recorded return to: ELECTRONIC RECORDING
Jay I. Moyes, Esq. 20130403HPRES-5-1-1--,N
Moyes Sellers & Hendricks
1850 N. Central Ave. #1100 sarabiam
Phoenix, AZ 85004
Resolution No, 2013-01
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of the
BOARD OF DIRECTORS
of
HARQUAHALA VALLEY POWER DISTRICT
MARICOPA COUNTY, ARIZONA
for the
"UNIT II" LANDS
WHEREAS the following FINDINGS have been duly made by the Board of
Directors (the "Board") of Harquahala Valley Power District of Maricopa County (the
"District"):
A. A Petition has been timely and properly filed with the District in sufficient form
and substance pursuant to A.R.S. § 48-1517 by the owner(s) of certain lands, the legal
description of which lands is set forth on the attached Exhibit A hereto, incorporated
herein by this reference, The Petition requests inclusion of said lands in the District.
The Petition has been accepted by the District, and copies thereof are on file with the
District. (Said lands are collectively referred to herein as the "Unit II Lands"; and the
owner(s) of parcels of said lands are collectively referred to herein as the "Unit II
Landowners.")
B. Upon proper and timely notice duly published, a public hearing was held by
the Board on January 22, 2013, to receive objections, if any, to the Petition, all in
accordance with A.R.S. §§ 48-1518 and 1519, at which hearing no objections were
made to the Petition. No objections to the Petition have been registered with the Board
in writing or otherwise.
C. The parcels of Unit II Lands covered by the Petition are in a reasonably
compact body and regular form, and not so far removed as to materially increase the
cost of service in the District, inasmuch as District service is rendered by means of
electrical transmission and distribution systems and facilities owned, maintained and
operated by third party utilities and not by the District, and the contractually established
1

3. All costs incurred by the District, whether before or after the date hereof,
related to the Petition and any District activities in response thereto, or the consideration
or implementation of the inclusion of the Unit II Lands, or the transfer and administration
of electrical accounts pursuant to such inclusion, shall be promptly paid by the Unit 11
Landowner(s) upon invoice from the District.
4. Inclusion of the Unit II Lands shall not affect in any manner the water or water
rights appurtenant to or in any way associated with any of the Unit II Lands or any other
lands within or without the boundaries of the District.
5. The Unit ll Lands' priority of access to District power resources shall be
expressly secondary and subordinate to the priority of all other lands that were in the
District prior to the date hereof. Unit il Lands may be charged for District services under
"Block II" rates and terms, which may be more expensive than or otherwise less
advantageous than the rates and terms applicable to service to other lands previously in
the District, as determined from time to time by the Board at its sole discretion as
deemed necessary or appropriate to insure that the immediate and long-term costs and
quality of service to the lands previously in the District are not adversely affected by
inclusion of and service to the Unit II Lands. Such terms may include, but are not
limited to, higher deposit requirements and restrictions or limitations on participation in
certain District programs benefiting District lands, if any, for reasonable periods of time
until sufficient history of reliable payment and performance within the District has been
established, all at the discretion of the Board.
6. The transfer of electrical accounts serving the Unit 11 Lands may, under
applicable laws or agreements, give rise to certain stranded generation cost obligations
payable to Arizona Public Service Company ("APS") as the utility previously serving
such accounts, The discharge of all such obligations shall be the sole responsibility of
the Unit fl Lands and Landowners; and the District may impose exclusively upon the
Unit II Lands and Landowners arid related accounts various substantial fees or
surcharges, and may modify its normal resource purchasing and scheduling practices in
ways that could increase the costs of service to the Unit II Lands, as deemed
reasonably necessary by the Board to effectively discharge such obligations in a
manner not adverse to the other lands and customers in the District.
7. All responsibilities, relationships and liabilities related to the installation,
condition, maintenance, operation, control, replacement, regulatory compliance or other
aspects of the lines, transformers, motors, pumps, other physical facilities, equipment,
operational controls and activities of APS, the account customer or their respective
agents or representatives, related to the Unit II Lands and the accounts and customers
thereon, shall remain solely with the owners and operators of the Unit II Lands,
respectively, The District shall have no liability for or duty to participate in such
relationships or activities, except as the Board may expressly elect to undertake, at its
3

sole discretion, in the best interests of all of the District. The Unit If Landowners shall
be solely responsible for, but shall coordinate with the District administrator, all on-site
activities necessary to physically connect and maintain service to their accounts through
APS facilities in accordance with the District's Rules and Regulations, the customer's
Agreement for Electrical Service, and the District's various contracts with APS.
8. Service to Unit II Lands will be provided only pursuant to a fully executed
Agreement for Electric Service between the District, the Landowner and any other
lessee, operator or other party participating as a customer of the District, in form
acceptable to the Board and the District's legal counsel, and upon satisfaction of all
applicable deposit requirements as established by the Board for Unit II accounts.
IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and
Order be filed with the Arizona Department of Revenue, the Maricopa County Board of
Supervisors, and recorded with the official Recorder of Maricopa County; and that the
District's officers, administrator, engineers and legal counsel take such other actions as
may be necessary, reasonable and prudent to effect the purposes and intent, and
enforce the terms and conditions of, this Findings, Resolution and Order,
ADOPTED AND ENTERED effective the 22nd day of January, 2013.
The Board of Directors of
Harquahala Valley Power District
Y'7
Wade F rguso , President
The undersigned hereby certifies that the above is a true and correct copy of the
Findings, Resolution and Order of the Board of Directors of Harquahala Valley Power
District adopted and entered effective January 22, 2013.
1/4,.._.,,--Authorized Off
Dated Mr.o/k. ?cf ,2013
4

EXHIBIT A
to
FINDINGS, RESOLUTION AND ORDER OF INCLUSION No. 2013-1
Dated January 22, 2013
for the
UNIT II LANDS
Petitioner/Owner :
Australian Outback Plantation, LLC
Maricopa County Assessors' Parcel No/Legal Description
401-56-033 Parcel 7, Record of Land Survey, White Owl Ranch, according to Book 482 of
Maps, Page 7, Records of Maricopa County, Arizona
401-56-035 Parcel 9, Record of Land Survey, White Owl Ranch, according to Book 482 of
Maps, Page 7, Records of Marieopa County, Arizona
401-56-036 Parcel 10, Record of Land Survey, White Owl Ranch, according to Book 482 of
Maps, Page 7, Records of Maricopa County, Arizona
401-56-039 Parcel 13, Record of Land Survey, White Owl Ranch, according to Book 482 of
Maps, Page 7, Records of Maricopa County, Arizona
401-56-041 Parcel 15, Record of Land Survey, White Owl Ranch, according to Book 482 of
Maps, Page 7, Records of Maricopa County, Arizona
401-56-042 Parcel 16, Record of Land Survey, White Owl Ranch, according to Book 482 of
Maps, Page 7, Records of Maricopa County, Arizona
5