UTILITY EASEMENT City of Buckeye WA814240 APS PE.pdf
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NE01 01S04W 33.372156,-112.608485 401-87-NA WA814240 RT/MJB UTILITY EASEMENT CITY OF BUCKEYE, an Arizona municipal corporation (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 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 within the Easement Premises 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; install, operate and maintain telecommunication wires, cables, conduits, fixtures and facilities incidental to supplying electricity or for Grantee's own use (said electrical and telecommunication lines, facilities and fixtures collectively herein called "Grantee Facilities"); utilize the Easement Premises for all other purposes connected therewith; and permit the installation of the wires, fixtures, conduits, or cables of any other company. 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. 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. Page 1 of 6 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 comer 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. 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 the right to use the Easement Premises for purposes 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, 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, 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. 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. The easement granted herein shall not be deemed abandoned except upon Grantee’s execution and recording of a formal instrument abandoning the easement. 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. Page 2 of 6 IN WITNESS WHEREOF, CITY OF BUCKEYE, an Arizona municipal corporation, has caused this Utility Easement to be executed by its duly authorized representative, this day of, 2025. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk CITY OF BUCKEYE, an Arizona municipal corporation By: Name: Title: STATE OF ARIZONA County of Maricopa } ss. This instrument was acknowledged before me this day of, 2025 by on behalf of the City of Buckeye, an Arizona municipal corporation. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Seal Notary Public Page 3 of 6 IN WITNESS WHEREOF, MARINA SMITH, Right of Way Supervisor, Arizona Public Service Company, an Arizona corporation, has caused this Utility Easement to be executed this 3rd day of November , 2025. Marina Smith STATE OF Arizona } } ss. County of Maricopa } This instrument was acknowledged before me this 3rd day of November■ 2025 by Marina Smith, Right of Way Supervisor, Arizona Public Service Company, an Arizona corporation. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Seal: RAYMOND TYLER Notary Public - Arizona Gila County Commission # 666433 My Comm. Expires May 1, 2028 Page 4 of 6 EXHIBIT “A” LEGAL DESCRIPTION OF GRANTOR’S PROPERTY AS RECORDED IN INSTRUMENT NUMBER 2009-0885947 M.C.R. That part of the South half of the Northeast quarter lying South of the Buckeye Irrigation Company Canal, in Section 1, Township 1 South, Range 4 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. EXCEPT: That part conveyed to the City of Buckeye for Public Right of Way by Special Waranty Deed recorded in Document 2015-0766079 and corrected in Affidavit of Correction recorded in Document 2024-0628254, records of Maricopa County, Arizona. Page 5 of 6 O 33.00' 95.01 COUNTY ROUTE 85 SHEET 1 OF 1 55.00’ R/W MCR APN PUE LU m AFFIDAVIT OF CORRECTION DOC. NO. 2024-0628254 MCR NORTHEAST CORNER SECTION 1, T1S, R4W 0 O o o 0 0 SPECIAL WARRANTY DEED CITY OF BUCKEYE DOC. NO. 2015-0766079 MCR EAST QUARTER CORNER SECTION 1, T1S, R4W S44° 52' 06"W 57.0T 8.00' PUE DOC. NO. 2015-0570361 MCR R=1045.00' A=7°51'31" L=143.33' . 0? REFERENCE DOCUMENTS RECORD OF SURVEY PER BOOK 904, PAGE 20 MCR _ R/W WIDTH VARIES AREA: 3,490 SO. FT. OR 0.080 ACRES MORE OR LESS LEGEND EASEMENT AREA MONUMENT LINE PROPERTY LINE PUE LINE TIE LINE PROPERTY CORNER MONUMENT MARICOPA COUNTY RECORDS ASSESSORS PARCEL NUMBER PUBLIC UTILITY EASEMENT ,, poAN LI L2 0 TOTAL EASEMENT LINE TABLE LINE BEARING DISTANCE L1 S07°32'58"E 18.3T L2 S72°14'45"W 8.13' L3 S07°32'58"E 42.24' L4 S82°27'02"W 61.87' L5 N00°20'15"W 54.21' L6 N75°02'13"E 63.60' DRAWN BY: M. CHEE R/W RIGHT OF WAY Gaps EXHIBIT "B" JOB # WA814240 DATE: 3/6/2025 NE 1/4 SEC 1 T1S R4W SCALE: 1"= 100' | INDEX: NONE R/W: R. TYLER SURVEY: Page 6 of 6