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