B_APN502-35-002F_APS_Easement_WA882024.pdf

City of Buckeye — Regular Council Meeting (2026-05-05)

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SW-06-1N-2W 
APN 502-35-002F 
BC-26-08 
WA882024 
TKH/BDP 
 
 
 
 
 
        
CITY OF BUCKEYE-APS 
UTILITY EASEMENT 
 
 
 
THE CITY OF BUCKEYE, a municipal corporation of the State of Arizona, (hereinafter called 
“Grantor”), is the owner of the following described real property located in Maricopa County, Arizona 
(hereinafter called “Grantor’s Property”): 
 
 
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF 
 
 
 
Grantor, for and in consideration of One Dollar ($1.00) and other valuable consideration, receipt of 
which is hereby acknowledged, does hereby grant and convey to ARIZONA PUBLIC SERVICE 
COMPANY, an Arizona corporation, (hereinafter called “Grantee”), and to its successors and assigns, a 
non-exclusive right, privilege, and easement, 8 feet in width or as further described in attached exhibits at 
locations and elevations, in, upon, over, under, through and across, a portion of Grantor’s Property described 
as follows (herein called the “Easement Premises”): 
 
 
SEE EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF 
 
 
 
Grantee is hereby granted the right to:  construct, reconstruct, replace, repair, operate and maintain 
electrical lines, together with appurtenant facilities and fixtures for use in connection therewith, for the 
transmission and distribution of electricity to, through, across, and beyond Grantor's Property; and install, 
operate and maintain telecommunication wires, cables, conduits, fixtures and facilities solely for Grantee’s 
own use incidental to supplying electricity (said electrical and telecommunication lines, facilities and 
fixtures collectively herein called "Grantee Facilities"). 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. 
 
 
Grantee is hereby granted the right, but not the obligation, to trim, prune, cut, and clear away trees, 
brush, shrubs, or other vegetation on, or adjacent to, the Easement Premises whenever in Grantee’s 
judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted.

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Grantor shall not locate, erect or construct, or permit to be located, erected or constructed, any 
building or other structure or drill any well within the limits of the Easement Premises; nor shall Grantor 
plant or permit to be planted any trees within the limits of the Easement Premises without the prior written 
consent of Grantee.  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, including, without limitation, granting others the right to use all or 
portions of the Easement Premises for utility or roadway purposes and constructing improvements within 
the Easement Premises such as paving, sidewalks, landscaping, driveways, and curbing.  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 the Easement Premises without the prior written consent of Grantee, and in no event 
shall a change in the grade compromise Grantee's minimum cover requirements or interfere with Grantee's 
operation, maintenance or repair. 
 
 
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. 
 
 
Grantor shall maintain clear areas that extend:  1) 3 feet from and around all edges of all switching 
cabinet pads and 2 feet from and around all edges of all transformer pads and other equipment pads, and 2) a 
clear operational area that extends 10 feet immediately in front of all transformer, switching cabinet and 
other equipment openings, and 3) a 6 feet by 6 feet hot-stick operating area off the front left corner of all 
transformers. No obstructions, trees, shrubs, large landscape rocks, fences, fixtures, or permanent structures 
shall be placed by Grantor within said clear areas; nor shall Grantor install landscape irrigation or sprinkler 
systems within said clear areas.  Landscape irrigation or sprinkler systems installed adjacent to the clear 
areas shall be installed and maintained so that the transformers, switching cabinets or any other equipment 
do not get wet by spray or irrigation.  
 
 
By accepting and utilizing this easement, Grantee agrees that following any installation, excavation, 
maintenance, repair, or other work by Grantee within the Easement Premises, the affected area will be 
restored by Grantee to as close to original condition as is reasonably practicable, at the expense of Grantee; 
and that Grantee shall indemnify Grantor, to the extent required by law, for any loss, cost or damage 
incurred by Grantor as a result of any negligent installation, excavation, maintenance, repair or other work 
performed by Grantee within the Easement Premises. 
 
 
Grantee shall exercise reasonable care to avoid damage to the Easement Premises and all 
improvements thereon and agrees that following any installation, excavation, maintenance, repair, or other 
work by Grantee within the Easement Premises, the affected area, including without limitation, all 
pavement, landscaping, cement, 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.

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Grantor reserves the right to require the relocation of Grantee Facilities to a new location within 
Grantor’s Property; provided however, that:  (1) Grantor pays the entire cost of redesigning and relocating 
Grantee Facilities; and (2) Grantor provides Grantee with a new easement in a form and location acceptable 
to Grantee and at no cost to Grantee.  Upon the acceptance by Grantee of a new easement and after the 
relocation of Grantee Facilities to the new easement area, Grantee shall abandon its rights to use the 
Easement Premises granted in this easement.  The easement granted herein shall not be deemed abandoned 
except upon Grantee’s execution and recording of a formal instrument abandoning the easement. 
 
 
If any of Grantee’s electric facilities in this easement are not being used or are determined not to be 
useful, Grantor may request that the facilities that are no longer needed be removed and that portion of the 
easement be abandoned. Grantee will execute and record a formal instrument abandoning the easement, or a 
portion thereof. Any facilities that are determined to still be needed for Grantee’s electrical system can be 
relocated pursuant to the above relocation requirements.  
 
 
Grantee shall not have the right to transfer, convey or assign its interests in this easement to any 
individual, corporation, or other entity (other than to an affiliated entity of Grantee or an entity that acquires 
from Grantee substantially all of Grantee’s electric distribution facilities within the area of Grantor’s 
Property) without the prior written consent of Grantor, which consent shall not be unreasonably withheld.  
Grantee shall notify Grantor of the transfer, conveyance or assignment of any rights granted herein. 
 
 
The covenants and provisions herein set forth shall extend and inure in favor and to the benefit of, 
and shall be binding on the heirs, administrators, executors, successors in ownership and estate, assigns and 
lessees of Grantor and Grantee. 
 
 
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]

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IN WITNESS WHEREOF, THE CITY OF BUCKEYE, a municipal corporation of the State of 
Arizona, has caused this Utility Easement to be executed by its duly authorized representative, this __ day 
of________, 2026. 
APPROVED AS TO FORM: 
CITY OF CITY OF BUCKEYE, a   
a municipal corporation of the State of Arizona 
________________________ 
Tosca Henry, City Attorney 
By:               
___________________________________ 
Doug Sandstrom, City Manager
ATTEST: 
_________________________ 
Lucinda Aja, City Clerk 
STATE OF ___________ 
} 
} ss. 
County of ____________ 
} 
This instrument was acknowledged before me this ___ day of ______________, 2026 by 
____________________________________ of ______________________________, on behalf of  
___________________________. 
IN WITNESS WHEREOF I hereunto set my hand and official seal. 
Notary Seal  
  ______________________________________ 
       Notary Public

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EXHIBIT “A” 
(LEGAL DESCRIPTION OF GRANTOR’S PROPERTY)  
AS RECORDED IN INSTRUMENT NUMBER 20100225166 M.C.R. 
A PARCEL OF LAND SITUATE IN A PORTION OF THE SOUTH HALF OF SECTION 6, 
TOWNSHIP 1 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER BASE AND 
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS 
FOLLOWS: 
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6, MONUMENTED BY A 
STONE, FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 6, 
MONUMENTED BY A STONE, BEARS AS A BASIS OF BEARINGS NORTH 00°26'05" EAST, A 
DISTANCE OF 2644.89 FEET; 
THENCE NORTH 00°26'05" EAST ALONG THE WESTERLY LINE OF THE SOUTH HALF OF 
SAID SECTION 6, A DISTANCE OF 76.00 FEET TO A POINT ON A LINE PARALLEL WITH 
AND 76.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF THE SOUTH HALF OF SAID 
SECTION 6; 
THENCE SOUTH 89°28'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 150.00 
FEET TO THE TRUE POINT OF BEGINNING AND TO A POINT ON A LINE PARALLEL 
WITH AND 150.00 FEET EASTERLY OF THE WESTERLY LINE OF THE SOUTH HALF OF 
SAID SECTION 6; 
THENCE NORTH 00°26'05" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 200.00 
FEET TO A POINT ON A LINE PARALLEL WITH AND 276.00 FEET NORTHERLY OF THE 
SOUTHERLY LINE OF THE SOUTH HALF OF SAID SECTION 6; 
THENCE SOUTH 89°28'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 200.00 
FEET TO A POINT ON A LINE PARALLEL WITH AND 350.00 FEET EASTERLY OF THE 
WESTERLY LINE OF THE SOUTH HALF OF SAID SECTION 6; 
THENCE SOUTH 00°26'05" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 200.00 
FEET TO A POINT ON A LINE PARALLEL WITH AND 76.00 FEET NORTHERLY OF THE 
SOUTHERLY LINE OF THE SOUTH HALF OF SAID SECTION 6; 
THENCE NORTH 89°28'21" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 200.00 
FEET TO THE TRUE POINT OF BEGINNING.

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EXHIBIT “B” 
LEGAL DESCRIPTION  
UTILITY EASEMENT FOR 
CITY OF BUCKEYE 
That part of the Southwest Quarter of Section 6, Township 1 North, Range 2 West of the Gila 
and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: 
BEGINNING at the Southwest Corner of the Well Site No. 3 “Exception”, as shown on the Minor 
Subdivision for Landing Points, recorded in Book 1907, Page 6, Maricopa County Records, 
Arizona;  
Thence North 00 degrees 26 minutes 05 seconds East, along the West line of said Well Site, a 
distance of 4.26 feet; 
Thence departing said West line, South 89 degrees 26 minutes 25 seconds East, a distance of 
10.32 feet; 
Thence North 00 degrees 33 minutes 35 seconds East, a distance of 8.63 feet; 
Thence South 89 degrees 26 minutes 25 seconds East, a distance of 4.00 feet; 
Thence North 00 degrees 33 minutes 35 seconds East, a distance of 8.25 feet; 
Thence South 89 degrees 26 minutes 25 seconds East, a distance of 11.50 feet; 
Thence South 00 degrees 33 minutes 35 seconds West, a distance of 21.14 feet to the South 
line of said Well Site; 
Thence North 89 degrees 26 minutes 25 seconds West, along said South line, a distance of 
25.81 feet to the POINT OF BEGINNING. 
Said Easement Contains 339 Square Feet or 0.008 Acres, more or less. 
A.L. SLATER
60370
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CITY OF BUCKEYE
DEED: 2010-0225166, MCR
WELL SITE NO. 3
"EXCEPTION"
BK. 1907, PG. 6, MCR
APN: 502-35-002F
8' PUE
BK. 1907, PG. 6
MCR
BUCKEYE UNION
HIGH SCHOOL DISTRICT 201
DEED: DKT. 7430, PG. 935, MCR
LOT 4
BK. 1907, PG. 6, MCR
APN: 502-35-855
VERRADO WAY
80' ROW
SOUTHWEST CORNER
SEC. 6, T1N, R2W
76'
150'
POINT OF
BEGINNING
174.19'
195.74'
VAN BUREN STREET
N00°26'05"E    200.00'
S89°26'25"E    200.00'
S00°26'05"W    200.00'
N89°26'25"W    200.00'
S89°26'25"E    2490.95'
N00°26'05"E    2645.02'
SHEET      OF
DRAWN BY:
SURVEY:
R/W:
SCALE:
DATE:
1/4     SEC          T           R      
JOB #
INDEX:
EXHIBIT "B"
WA882024
03/30/2026     V2
SW
06
01N
02W
1" = 60'
BC-26-08
T. HATFIELD
O. FLORES
T. SLATER
2
3
SEE DETAIL "A"
SHEET 3
REFERENCE DOCUMENTS
ALTA/NSPS LAND TITLE SURVEY PER BOOK 1864, PAGE 16, MCR
PUE
ROW
APN
MCR
MONUMENT LINE
PROPERTY LINE
PUE LINE
TIE LINE
PROPERTY CORNER
MONUMENT
MARICOPA COUNTY RECORDS
ASSESSORS PARCEL NUMBER
PUBLIC UTILITY EASEMENT
RIGHT OF WAY
EASEMENT AREA
LEGEND
E
C
A.L. SLATER
60370
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CITY OF BUCKEYE
DEED: 2010-0225166, MCR
WELL SITE NO. 3
"EXCEPTION"
BK. 1907, PG. 6, MCR
APN: 502-35-002F
BUCKEYE UNION
HIGH SCHOOL DISTRICT 201
DEED: DKT. 7430, PG. 935, MCR
LOT 4
BK. 1907, PG. 6, MCR
APN: 502-35-855
L2
L3
L4
L5
L6
L7
L8
L1
LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
L8
BEARING
N00°26'05"E
S89°26'25"E
N00°33'35"E
S89°26'25"E
N00°33'35"E
S89°26'25"E
S00°33'35"W
N89°26'25"W
DISTANCE
4.26'
10.32'
8.63'
4.00'
8.25'
11.50'
21.14'
25.81'
POINT OF
BEGINNING
174.19'
195.74'
VAN BUREN STREET
DETAIL "A"
SHEET      OF
DRAWN BY:
SURVEY:
R/W:
SCALE:
DATE:
1/4     SEC          T           R      
JOB #
INDEX:
EXHIBIT "B"
WA882024
03/30/2026     V2
SW
06
01N
02W
1" = 20'
BC-26-08
T. HATFIELD
O. FLORES
T. SLATER
3
3
E
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A.L. SLATER
60370
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