Title
(CONTINUED FROM AUG. 30, 2017) - Grant of Public Utility Easement Along 19th Avenue from Dunlap Avenue to Bethany Home Road to Accommodate Relocated Utilities Within Joint Trench for Light Rail Northwest Extension Project (Ordinance S-43823)
Description
Request the City Council to grant a public utility easement, for consideration of one dollar and other valuable consideration, to provide utilities to the public and to light rail facilities, as part of Phase I of the Northwest Extension, and future phases of the Northwest Extension of Light Rail, and further order the Ordinance recorded.
Report
Summary
For one dollar and other valuable consideration the City of Phoenix ("Grantor") grants a public utility easement for electric and other public utility purposes within that certain real property more particularly described in Exhibit "A" attached ("Easement Premises"), without any warranty or representation of any kind, including warranties or representations regarding the condition or extent of the Grantor's title or the sufficiency or suitability of the Easement Premises for the purposes described herein, and subject to: (A) reservations or exceptions contained in the patent from the United States of America or in the act or acts authorizing the issuance thereof, unpatented mining claims, water rights, and claims or title to water; (B) all easements, rights of way, encumbrances, liens, covenants, conditions and restrictions as may appear of record; and (C) any state of facts which an accurate survey of said property would show.
This public utility easement will be for the area described in the legal description to be sent directly to the Law Department ("Easement Premises") and will be granted to all public service corporation, agricultural improvement districts, and telecommunication service corporations providing utilities or other services (collectively "Grantee"), in perpetuity so long as Grantee uses the Easement Premises for the purposes herein specified, subject to the following terms and conditions:
A. Grantee is hereby granted the right to construct, reconstruct, replace, repair, operate and maintain electric and other utility facilities together with appurtenant fixtures for use in connection therewith (collectively "Grantee Facilities") across, on, above, or below the Easement Premises subject to Grantor's express approval, which approval Grantor shall not unreasonably withhold. Grantee shall at all times have the right of full and free ingress and egress to and along the Easement Premises for the purposes herein specified.
B. Grantor shall not, without the prior written consent of each Grantee then using the Easement Premises, locate, erect or construct, or permit to be located or erected or constructed any building or structure other than street improvements, pavement, sidewalks, curbs, gutters, and trails, or drill any well within the limits of the Easement Premises. However, Grantor reserves all other rights, interests, and uses of the Easement Premises that are not inconsistent with Grantee's easement rights herein conveyed and which do not interfere with or endanger any of the Grantee Facilities. Notwithstanding the foregoing, Grantor shall not have the right to lower by more than one foot or raise by more than two feet the surface grade of Easement Premises without the prior written consent of Grantee.
C. Grantee shall not have the right to use the Easement Premises to store gasoline or petroleum products, hazardous or toxic substances, or flammable materials; provided however, that this prohibition shall not apply to any material, equipment or substance contained in, or a part of, the Grantee Facilities, provided that Grantee must comply with all applicable federal, state and local laws and regulations in connection therewith. Additionally, the Easement Premises may not be used for the storage of construction-related materials or to park or store construction-related vehicles or equipment except on a temporary basis to construct, reconstruct, replace, repair, operate, or maintain the Grantee Facilities.
D. Grantor shall maintain an appropriate three foot clear area around all edges of all equipment pads for Grantee Facilities and, where possible, a clear operational area that extends 12 feet immediately in front of all transformer and other equipment openings; provided, however, that such clear areas shall be confined to within the Easement Premises. No obstructions, trees, shrubs, fixtures, or permanent structures shall be placed or permitted by Grantor within said areas. Grantee is hereby granted the right to trim, prune, cut, and clear away trees, brush, shrubs, or other obstructions within said areas.
E. Grantee shall exercise reasonable care to avoid damage to the Easement Premises and all improvements thereon and agrees that following any work our use by Grantee within the Easement Premises, the affected area, including without limitation, all pavement, landscaping, concrete and other improvements permitted within the Easement Premises pursuant to this easement will be restored by Grantee to as close to original condition as is reasonably possible, at the expense of Grantee.
F. Grantor reserves the right to require the relocation of Grantee Facilities provided however, that: (1) Grantor pays the entire cost of redesigning and relocating Grantee Facilities; and (2) if Grantee's Facilities are relocated outside the Easement Premises, Grantor will provide Grantee with a new public utility easement in the same form as this easement at no cost to Grantee. After relocation of Grantee Facilities to the new easement area, Grantee shall abandon its rights to use the Easement Premises granted in this easement.
G. Grantee agrees to coordinate and work with Grantor, other grantees and with the holders of existing and prior rights, titles and interests in and to the Easement Premises in the use of the Easement Premises. In the event that a third party or other Grantee requests the relocation of existing Grantee Facilities to a new location, the requesting party shall pay the entire cost of redesigning and relocating the existing Grantee Facilities, consistent with the provisions of Section 2(F). Pursuant to Section 2(A) Grantee must obtain Grantor's permissions before locating facilities across, on, above, or below the Easement Premises, which permission may not unreasonably be withheld; Grantor agrees to review all such requests within a four week time period. Grantor's refusal of permission will be deemed reasonable if the proposed placement of Grantee Facilities would interfere with Grantor's existing or planned use of the Easement Premises (as determined by, at a minimum, the Grantor documented GEO drawing showing the proposed scope of improvements) or would require relocation or redesign of Grantor's existing or planned improvements or facilities, and Grantor may reasonably condition its approval upon Grantee's payment of relocation costs. If Grantee installs new Grantee Facilities without Grantor's prior written permission and such Grantee Facilities would interfere with Grantor's existing or planned use of the Easement Premises (as determined by, at a minimum, the Grantor documented GEO drawing showing the proposed scope of improvements), then unless otherwise agreed to by Grantor and Grantee, any conflict created by Grantee in violation of the prior sentence shall be remedied at Grantee's cost. For purposes of this provision a GEO drawing is a plan view drawing (no elevation research is done above or below ground) prepared by Grantor's staff to show the proposed scope of a project to determine costs for budgeting purposes and any potential conflicts, and to create a scope of work to bid out a design contract for the project.
H. Grantee shall not have the right to transfer, convey or assign its interests in this easement to any individual, corporation, or other entity without the prior written consent of Grantor, which consent shall not be unreasonably withheld. Grantee shall notify Grantor of any proposed transfer, conveyance or assignment of any rights granted herein at the following address: City of Phoenix Street Transportation Department, 200 W. Washington St., 5th Floor, Phoenix, AZ 85003, Attention: Director.
I. CAUTION: Facilities placed within the Easement Premises 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, sections 40-360.21, et seq., Arizona Blue Stake Law, prior to any excavation.
Location
The easements are located from 19th Avenue from Bethany Home Road to Dunlap Avenue, and 19th Avenue just north and west of Dunlap Avenue.
Council Districts: 3, 5
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit and Finance departments.