Res 2638 SPR Power Distribution Easement near 91st Ave. and Buckeye Rd. - SRP Job LJ93020-T3536406 04 28 26

City of Tolleson — City Council (2026-04-28)

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WHEN RECORDED, RETURN TO: 
 
City of Tolleson 
City Clerk  
9055 West Van Buren Street  
Tolleson, Arizona 85353 
 
 
RESOLUTION NO. 2638 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, APPROVING A POWER DISTRIBUTION EASEMENT TO THE SALT RIVER 
PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT FOR THE 
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION 
SIGNALS, AND DATA ALONG AN EASEMENT PARCEL LOCATED NEAR 91ST 
AVENUE AND BUCKEYE ROAD, AND AUTHORIZING THE EXECUTION OF THE 
EASEMENT. 
 
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON, ARIZONA, as 
follows:  
 
Section 1.  The Mayor and Council hereby approve the Power Distribution Easement to 
be granted by the City of Tolleson to the Salt River Project Agricultural Improvement and Power 
District for the transmission and distribution of electricity, communication signals, and data along 
the easement parcel located near 91st Avenue and Buckeye Road, identified as SRP Job No. 
LJ93020/T3536406, substantially in the form attached hereto as Exhibit A and incorporated 
herein by this reference. 
 
Section 2.  The Mayor, City Manager, City Clerk, and City Attorney are hereby authorized 
and directed to take all steps necessary to carry out the purpose and intent of this Resolution, 
including execution and delivery of the Power Distribution Easement. 
 
Section 3.  This Resolution shall take effect immediately upon its passage and adoption. 
 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this 
28th day of April, 2026. 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
 
Justin Pierce, City Attorney

EXHIBIT A 
TO 
RESOLUTION NO. 2638 
 
[Power Distribution Easement] 
 
See following pages.

WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB 10W 
P. O. Box 52025  
Phoenix, Arizona 85072-2025 
EXEMPT PURSUANT TO
A.R.S. §§ 11-1134(A)(2) and (A)(3) 
Maricopa County
R/W#:
____________
Agt: Henry A Soliz
Parcel #: 101-13-001-B
Job #:
LJ93020
T3536406
NE ¼, SEC 16, T01N, R01E
W:
____________ 
C:   ______________
  LR #: LR89152 
CITY OF TOLLESON,  
an Arizona municipal corporation 
hereinafter called Grantor, for and in consideration of the sum of Ten Dollars, and other valuable 
consideration, receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey to 
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an 
agricultural improvement district organized and existing under the laws of the State of Arizona, and its 
successors and assigns, hereinafter called Grantee, for use by Grantee and Grantee’s employees, contractors, 
licensees, and invitees, a non-exclusive easement to construct, install, reconstruct, replace, remove, repair, 
operate and maintain underground electrical conduits and conductors, pipes, cables, switching equipment, 
transformers, pad-mounted equipment, enclosures, manholes, vaults, and all other appliances, 
appurtenances and fixtures (collectively, “Facilities”) for the transmission and distribution of electricity, 
communication signals and data, and for all other purposes connected therewith at such locations and 
elevations, in, upon, over, under, across, through and along the Easement Parcel (defined below), as Grantee 
may now or hereafter deem convenient or necessary from time to time, together with the right of access to 
and from the Easement Parcel, over, across, through and along Grantor's Property (defined below) 
(collectively, the “Easement”).  Grantee is hereby authorized to permit others to use the Easement for 
additional Facilities jointly with or separately from the Grantee for their purposes. 
The lands in, upon, over, under, across, through and along which the Easement is granted are situated 
in the County of Maricopa, State of Arizona, and are more particularly described as: 
Grantor's Property: 
A portion of the Northeast quarter of Section 16, Township 01 North, Range 01 East of the Gila and 
Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described in QUIT 
CLAIM DEED Instrument 2004-1193948 records of Maricopa County, Arizona. 
POWER DISTRIBUTION EASEMENT 
ASM

Page 2 of 4 
 
Easement Parcel:
See Exhibit “A” Attached Hereto and Made a Part Hereof
 
CAUTION:  Facilities placed within the Easement Parcel may contain high voltage electrical 
equipment.  Notice is hereby given that the location of underground electrical conductors or facilities 
must be verified as required by Arizona Revised Statutes, Section 40-360.21, et seq., Arizona Blue Stake 
Law, prior to any excavation. 
 
 
The Easement is governed by the following terms and conditions: 
 
1. 
Modification of Easement Parcel.  Grantor acknowledges that field conditions may result in the 
Facilities being installed within Grantor’s Property in a location that is not within the Easement Parcel.  
Promptly after discovering the construction or installation of any Facilities outside of the Easement Parcel, 
Grantee shall obtain Grantor’s agreement with and execution of an amendment to this Easement modifying 
the legal description of the Easement Parcel to reflect the actual location of the Facilities (the 
“Amendment”).  Upon the recordation of the Amendment, such revised legal description shall have the 
same force and effect, and create the same priority of interest, as if recorded concurrently with this 
instrument.  Grantor may consent to the execution and recordation of the Amendment through the exercise 
of its sole discretion. 
 
2. 
Prohibited Activities.  Grantor shall not, whether directly or indirectly by granting permission, 
construct, install, or place any building or other structure, plant any trees, drill any wells, store materials of 
any kind, or alter the ground level, within the Easement Parcel.   This paragraph 2 does not prohibit the use 
of the Easement Parcel for such purposes as landscaping (except trees), paved parking, sidewalks and/or 
driveways, provided that such use is otherwise in accordance with the terms of this Easement, and does not 
interfere with the efficient operation and maintenance of the Facilities, including access thereto.  To obtain 
clarification as to whether or not a particular construction activity is prohibited by the first sentence of this 
paragraph 2, Grantor may request Grantee’s prior written approval to grade or install improvements 
(“Work”) within the Easement Parcel by submitting all construction, grading, or other development plans, 
as applicable, describing the proposed Work.  Grantee may grant or deny such approval through the exercise 
of Grantee’s sole discretion, provided that Grantee’s review and right to approve shall be limited to whether 
the proposed Work conflicts with the existing Facilities, including access thereto.  Any such approval is 
hereby subject to Grantor complying with all other provisions of this Easement.         
 
3. 
Clear Areas.  Grantor shall maintain a clear area that extends 3.00 feet from and around all edges of 
all transformer pads and other equipment pads, and a clear area that extends 12.00 feet immediately in front 
of all transformer and other equipment openings (“Clear Areas”).  No improvements, fixtures, trees, shrubs, 
or other obstructions shall be placed within the Clear Areas.  Grantee shall have the right (but not the 
obligation) to remove any obstructions within the Clear Areas.  
 
4. 
Additional Grantee Rights.  Grantee shall have the right (but not the obligation) to trim, cut and clear 
away trees, brush or other vegetation on, or which encroaches into, the Easement Parcel or the Clear Areas, 
whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights 
herein granted.  Grantor agrees that any fences or walls which now cross or hereafter cross Grantor’s 
Property will not prevent Grantee’s access to the Easement Parcel or the Facilities.  Grantor further agrees 
that Grantee can use gates on all such fences or walls for such access. 
 
5. 
Perpetual Nature of Easement.  The Easement, and Grantee’s rights hereunder, shall be perpetual, 
and shall not terminate until, and unless abandoned through the recordation of a document formally

Page 3 of 4 
 
abandoning the Easement, which references this instrument and is executed and acknowledge by Grantee.  
Upon such recordation, all Grantee's rights hereunder shall cease, except the right to remove any and all 
property placed upon the Easement Parcel within a reasonable time subsequent to such abandonment.
6. 
 Successors and Assigns.  The benefits and burdens, and the covenants and agreements herein set 
forth shall run with and burden the land and shall extend and inure in favor and to the benefit of, and shall 
be binding on Grantor and Grantee and their successors and assigns.  
 
7. 
Rights and Remedies Cumulative.  The rights and remedies hereunder are cumulative, and the 
exercise of any one or more of such rights or remedies shall not preclude the exercise, at the same or different 
times, of any other right or remedy available.    
 
8. 
Private Use.  The provisions of this instrument are not intended to and do not constitute a public 
utility easement or any other grant, dedication, or conveyance for public use of the Easement Parcel.  
 
9. 
Warranty of Title. Grantor represents and warrants that:  (i) fee simple title to the Grantor’s Property 
and Easement Parcel is vested in Grantor, and (ii) Grantor has full power and authority to grant the Easement 
and to perform its obligations under this instrument.  
 
10. 
Authority to Bind Grantor.  The individual executing this instrument represents and warrants: (i) 
that he or she is authorized to do so on behalf of Grantor, and (ii) that he or she has full legal power and 
authority to bind Grantor in accordance with the terms herein and, if necessary, has obtained all required 
consents or delegations of such power and authority (whether from any partner, owner, spouse, shareholder, 
director, member, manager, creditor, investor, developer, governmental authority, judicial or administrative 
body, association, or other person or entity).   
 
 
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Page 4 of 4 
 
IN WITNESS WHEREOF, CITY OF TOLLESON, an Arizona municipal corporation, has caused its 
name to be executed by its duly authorized representative(s), this ______ day of ________________, 2026.
 
 
CITY OF TOLLESON,    
 
 
 
By____________________________
 
Its ____________________________ 
 
 
APPROVED AS TO FORM:
 
 
 
ATTEST:
 
 
 
____________________________ 
 
______________________________
 
City Attorney  
 
 
City Clerk
 
 
 
STATE OF ___________________
)
  
        
) ss
COUNTY OF _________________
)
  
  
The foregoing instrument was acknowledged before me this ____ day of ___________, 2026, by 
 
 ________________________________ as  _________________________________, of THE CITY OF 
TOLLESON, an Arizona municipal corporation of the State of Arizona.
__________________________________ 
Notary Public 
 
 
 
 
 
 
 
 
 
 
____________________ 
 
 
 
 
 
 
 
My Commission Expires 
 
 
 
 
 
Legal Approved Form_03-10-2023_mcm

SRP JOB NUMBER: T3536406                                                                                                      DATE: 03-24-2026                        
SRP JOB NAME: PARK - STLT                                                                                                                PAGE: 1 OF 3 
TTRRSS: 01N01E16 
 
      
 
AN EASEMENT WITHIN A PARCEL OF LAND AS DESCRIBED PER DOCUMENT 2004-1193948 MARICOPA 
COUNTY RECORDER (MCR) LOCATED IN THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 16, 
TOWNSHIP 1 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, 
ARIZONA, BEING 8.00 FEET IN WIDTH, LYING 4.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED 
CENTERLINE; 
 
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, BEING A BRASS CAP FLUSH, FROM 
WHICH THE NORTHEAST CORNER OF SAID SECTION 16, BEING A BRASS CAP IN HANDHOLE, BEARS 
NORTH 01 DEGREES 37 MINUTES 00 SECONDS EAST, A DISTANCE OF 2663.83 FEET (BASIS OF 
BEARINGS); 
THENCE NORTH 03 DEGREES 23 MINUTES 00 SECONDS WEST, A DISTANCE OF 932.82 FEET TO A POINT 
ON A SOUTHERLY BOUNDARY OF SAID PARCEL AND THE POINT OF BEGINNING; 
THENCE NORTH 00 DEGREES 51 MINUTES 50 SECONDS EAST, A DISTANCE OF 100.02 FEET TO POINT ON 
A NORTHERLY BOUNDARY OF SAID PARCEL AND THE POINT OF TERMINUS. 
SIDELINES BEING LENGTHENED OR SHORTENED TO FORM VERTICES AT ALL ANGLE POINTS AND TO 
TERMINATE AT ALL REFERENCED PARCEL LINES WHICH PASS THROUGH A POINT OF TERMINUS. 
SAID EASEMENT CONTAINS AN AREA OF 800 SQUARE FEET OR 0.018 ACRES, MORE OR LESS.                                                    
END OF DESCRIPTION

ASM

ASM