UTILITY EASEMENT City of Buckeye WA814240 APS PE.pdf

City of Buckeye — Regular Council Meeting (2025-12-02)

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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