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ECEIVE ;
R SEP 1 2 2013
City of Phoenix
BY:
August 19, 2013
Board of Directors
Los Olivos Irrigation Delivery District No. 1
c/o Rita Maguire, -Esq.
2999 N. 44 Street, Suite 630
Phoenix, AZ 85018
Dear Board:
The City of Phoenix (CITY) owns real property upon which the Phoenix Art
Museum is located at 1625 N. Central Avenue in Phoenix, Arizona. (Lot 1,
PHOENIX ART MUSEUM, according to the plat of record in the office of the
County Recorder of Maricopa County, Arizona, in Book 717 of Maps, page
40.and parcel number 118-55-047.) it is our understanding that this property
currently has a right to receipt of irrigation water from the Los Olivos Irrigation
Water Delivery District No. 1 (DISTRICT). Further, it Is our understanding that
you represent the DISTRICT. Accordingly, we are forwarding this information to
you for transmittal to the DISTRICT.
CITY has determined that we no longer desire to receive irrigation water on the
property. As such, CITY hereby waives any and all rights that it may have to
receipt of irrigation water from the DISTRICT in perpetuity, and further, hereby
releases the DISTRICT from any liability associated with the delivery of irrigation
water to the property, now and forever. In addition, CITY agrees and authorizes
the DISTRICT to terminate the irrigation pipe at the property line of the property.
CITY understands that the DISTRICT will record this letter in the office of the
Marlcopa County Recorder in order to provide notice to future purchasers of the
property of the relinquishment of these irrigation delivery rights. Furthermore,
CITY specifically authorizes the DISTRICT to record this document in the office
of the Maricopa County Recorder.
August 19, 2013
Page 2
In accordance with Ordinance 5-39819, I represent that I am fully authorized by
CITY to seek removal of CITY's property at 1625 N. Central Avenue from the
DISTRICT and from receipt of any and all benefits associated with inclusion of
the property in the DISTRICT. CITY understands that removal from the
DISTRICT requires approval by the Board on behalf of the DISTRICT pursuant to
the requirements of A.R.S. §48-3427. We will await written notification from the
Board of the property's removal.
City of Phoenix, Arizona
a municipal corporation
By: David Cavazos, City Manager
By: )1,(A:e )1•1440"•'"'
Neil Mann
Its: Public Works Director
Receipt Acknowledged by:
Rita P. Maguire, Esq.
Attorney for Los OLIVOS IRRIGATION WATER DELIVERY DISTRICT NO. 1
ORDINANCE 6-32819
AN ORDINANCE AUTHORIZING ME CITY MANAGER TO
WAIVE THE RIGHT TO RECEI'VE IRRIGATION WATER
AND TO REMOVE THE PROPERTY LOCATED AT 1626
NORTH CENTRAL AVENUE FROM THE LOS OLIVOS
IRRIGATION DELIVERY DISTRICT TAX ROLL,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows:
SECTION 1. The City Manager, or his designee, is authorized to waive
the right to receive irrigation water and to remove the subject property located at 1625
North Central Avenue from the Los Olives Irrigation Delivery District No. 1 (District) tax
roll. The property I5 occupied by the Phoenix Art Museum and does not have water
Irrigation delivery to the site. The waiver of irrigation water rights and removal from the
District tax roll would eliminate the Districts tax assessment to the City for irrigation it
does not receive.
SECTION 2. The City Manager Is authorized to take all action necessary
or appropriate and to execute all agreements necessary for the relinquishment and
removal of the property from the District
PASSED by the Council of the Citypf PhoaRix this let day of May, 2013.
MAYOR
ATTEST:
V4i-4-kee"--- City Clerk
APP,ROVED AS TO FORM:
707Ing City Attorney
REVIEWED BY:
City Manager
2 Ordinance 5-30819
Unofficial
20 Document
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When recorded return to: Ho:
Jay I. Moyes, Esq.
Moyes Sellers & Hendricks
1850 N. Central Ave. #1100
Phoenix, AZ 85004
Resolution No. 2013-01
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of the
BOARD OF DIRECTORS
of
HAROUAHALA 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 11
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
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rates currently charged the District for District customers' use of such systems and
facilities are not determined on the basis of distances between the Unit II Lands and the
other lands in the District. It is noted however, that future charges may depend upon
the Unit II Lands' distance from major electrical facilities, and the Unit II Lands will be
subject thereto.
D. The Unit II Lands may be equitably included in the District if done so
expressly upon equitable terms and conditions applicable specifically to the Unit II
Lands, which terms and conditions are related to the peculiar distinguishing facts and
characteristics of the Unit II Lands vis a vie other lands in the District; e.g., the Unit II
Lands have not paid taxes or assessments since the formation of the District, and the
resource loads of such lands were not included in the historical electric load base upon
which was determined the District's proportionate allocation of Boulder Canyon Project
federal preference hydropower, with its various appurtenant and related rights and
contracts from and with the Arizona Power Authority and the Western Area Power
Administration, inter alia, (collectively, the "Preference Power Rights.") Such equitable
terms and conditions of admission are appropriate and necessary in order to insure that
inclusion of the Unit II Lands shall not jeopardize or impair the rights and privileges of
the other lands and landowners previously in the District.
NOW, THEREFOR, be it RESOLVED, and it is hereby ORDERED, that the
Unit II Lands, as particularly described tr;FL9tached Exhibit A, are collectively, and
each parcel thereof is individually, hereby included in the District, but only expressly
upon and subject to such equitable terms and conditions as the Board determines may
be necessary and appropriate to insure that such inclusion of, and District service to,
such lands shall not jeopardize or impair the rights and privileges enjoyed by the other
lands and landowners in the District by virtue of their prior inclusion in the District,
including without limitation the following specific conditions:
CONDITIONS OF INCLUSION:
1. The Unit II Lands shall not be liable for any District taxes or assessments
levied prior to this Order of Inclusion, but shall be fully liable in the same manner as all
other lands in the District for all taxes and assessments levied, and obligations incurred,
by or for the benefit of the District after the date hereof,
2. Lessees of State-owned lands shall be liable for timely payment of District
assessments in lieu of taxes in the same amounts and at the same times as if such
assessments were taxes levied against such lands, the District's receipt of each
installment of which shall be a perpetual condition precedent to any District obligation to
provide service to such lands.
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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 II
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 II 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 paymemvui.n.T.1-p-rformance within the District has been
established, all at the discretion of the Board.
6. The transfer of electrical accounts serving the Unit II 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 II Lands and Landowners; and the District may impose exclusively upon the
Unit II Lands and Landowners and 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 ll 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
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sole discretion, in the best interests of all of the District. The Unit II 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.
Unofficial Document
The Board of Directors of
Harquahala Valley Power District
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.
cIuthorized Offiu,.„
Dated /1(01k 2013
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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 Maricopa County, Arizona
401-56-036 Parcel 10, Record of Land Su..vifiTtPyr-icilite 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 Maticopa County, Arizona
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