SRP POWER DISTRIBUTION EASEMENT.PDF

Maricopa County — Informal (2023-03-13)

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WHEN RECORDED MAIL TO:

SALT RIVER PROJECT
Land Department/PAB10W
P.O. Box 52025

Phoenix, Arizona 85072-2025

EXEMPT PURSUANT TO
ARS. §§ 11-1134(A)(2) and (A)G3)

POWER DISTRIBUTION EASEMENT

Maricopa County Agt. KB
Parcel # 139-49-026 LJ92524/LR83757/T3296368
SE %, SEC. 34, TOIN, ROSE W: KB C_JEP
R/W #
MARICOPA COUNTY,

a political subdivision of the State of Arizona,

hereinafter called Grantor, for and in consideration of the sum of Ten Dollars, and other valuable consideration,
receipt and sufficiency of which is 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’”).

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 SE quarter of Section 34, Township 01 North, Range 05 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described in
SPECIAL WARRANTY DEED Instrument No. 2007-1274772, official records of Maricopa
County, Arizona.

Easement Parcel:

Said easement being described as “LIMITS OF EASEMENT” delineated on Exhibit
“A” (MARICOPA COUNTY JUSTICE CENTER, SRP Job No. 13296368), prepared
by Salt River Project A.I. & Power District, dated 1-20-2023, said 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:

L 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. After
the completion of any construction or installation 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 instrament. 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 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 Easement Agreement 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 document.

10. Authority to Bind Grantor. The individual executing this document 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

IN WITNESS WHEREOF, MARICOPA COUNTY, a political subdivision of the State of
Arizona, has caused its name to be executed by its duly authorized representative(s), this
day of , 2023.

MARICOPA COUNTY, a political subdivision of the State of Arizona

By: Clint Hickman
Chairman of the Board of Supervisors

ATTEST:

Clerk of the Board Date

APPROVED AS TO FORM:

Deputy County Attorney

STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this day of
20__, by Clint Hickman as respectively, of MARICOPA COUNTY, a
political subdivision of the State of Arizona, on behalf of such political subdivision.

My Commission Expires

Notary Public

Notary Stamp / Seal

EXHIBIT “A”
SRP JOB NUMBER: T3296368 DATE: 01-20-2023
SRP JOB NAME: MARICOPA COUNTY JUSTICE CENTER PAGE: 1 OF 3
TTRRSS: OLNO5E34
AN EASEMENT WITHIN LOT 12 AS SHOWN ON THE FINAL PLAT OF “BASELINE COMMERCE CENTER
AMENDED” PER BOOK 254 OF MAPS, PAGE 37, MARICOPA COUNTY RECORDER (MCR), LYING WITHIN
THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 5 EAST OF THE GILA AND SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34, BEING A BRASS CAP IN HAND
HOLE, FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 34, BEING AN ALUMINUM CAP FLUSH,
BEARS NORTH 89 DEGREES 23 MINUTES 26 SECONDS EAST, A DISTANCE OF 2629.08 FEET (BASIS OF
BEARINGS);

THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST, NORTH 89 DEGREES 23 MINUTES 26 SECONDS
EAST, A DISTANCE OF 1481.43 FEET;

THENCE NORTH 00 DEGREES 36 MINUTES 34 SECONDS WEST, A DISTANCE OF 55.00 FEET TO THE SOUTH
LINE OF SAID LOT 12;

THENCE DEPARTING SAID SOUTH LINE AND CONTINUING NORTH 00 DEGREES 36 MINUTES 34 SECONDS
WEST, A DISTANCE OF 359.71 FEET TO THE POINT OF BEGINNING;

THENCE NORTH 45 DEGREES 59 MINUTES 59 SECONDS WEST, A DISTANCE OF 119.37 FEET;
THENCE SOUTH 89 DEGREES 22 MINUTES 31 SECONDS WEST, A DISTANCE OF 8.06 FEET;
THENCE NORTH 00 DEGREES 37 MINUTES 29 SECONDS WEST, A DISTANCE OF 13.50 FEET;
THENCE NORTH 89 DEGREES 22 MINUTES 31 SECONDS EAST, A DISTANCE OF 11.50 FEET;
THENCE SOUTH 00 DEGREES 37 MINUTES 29 SECONDS EAST, A DISTANCE OF 5.65 FEET;
THENCE SOUTH 45 DEGREES 59 MINUTES 59 SECONDS EAST, A DISTANCE OF 122.43 FEET;

THENCE SOUTH 44 DEGREES 00 MINUTES 01 SECONDS WEST, A DISTANCE OF 8.00 FEET TO THE POINT
OF BEGINNING.

SAID EASEMENT CONTAINS AN AREA OF 1,109 SQUARE FEET, MORE OR LESS.

END OF DESCRIPTION

CLAYTON
HOWARD

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BASELINE ROAD

VICINITY MAP (NTS)
TIN, RSE
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CAUTION

THE EASEMENT LOCATION AS HEREON
DELINEATED 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 40-380.21, ET.
SEQ.» ARIZONA BLUE STAKE
LAW. PRIOR TO ANY EXCAVATION.

NOTES

THIS EXHIBIT IS INTENDED TO
ACCOMPANY AN EASEMENT. ALL
PARCELS SHOWN WERE PLOTTED
FROM RECORD INFORMATION. AND
NO ATTEMPT HAS BEEN MADE TO
VERIFY THE LOCATION OF ANY
BOUNDARIES SHOWN. THIS IS NOT
AN ARIZONA BOUNDARY SURVEY.

ABBR

APN
BCHH
ALUM
FND
SRP
MCR
(M)
LVI
NTS

EXHIBIT “A”
LEGEND

EVIATION TABLE

ASSESSOR'S PARCEL NUMBER
BRASS CAP IN HAND HOLE
ALUMINUM

FOUND

SALT RIVER PROJECT
MARICOPA COUNTY RECORDER
MEASURED

LAST VISUAL INSPECTION
NOT TO SCALE

SECTION AND CENTERLINE
PROPERTY LINE
LIMITS OF EASEMENT

7’ SRP ELECTRIC EASEMENT
1990-0116519 MCR

TIE LINE
SECTION CORNER AS NOTED

CLAYTON
HOWARD.

 O1/Z5/LOLEY
Sy

‘BO

BASIS OF BEARINGS:
BASED ON THE MARICOPA COUNTY
LOW DISTORTION PROJECTION
COGRDINATE SYSTEM.

SALT RIVER PROJECT CS82PN SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT COYAUP LAND DEPARTMENT

SRP LDWR NUMBER: ----------- SCALE: NTS
T.0. NUMBER: 13296368 SHEET: 2 OF 3 MARICOPA COUNTY
AGENT: BOCKMANN SHEET SIZE: 8.5°x11" JUSTICE CENTER
DRAWN: MIHELICH REVISION: 0 SE 1/4 SECTION 34 TIN RSE
CHECKED BY: HOWARD CREW CHIEF: LACEY 0.3 NORTH - 27.8 EAST
DATE: 1-20-2023 JEP|FIELD DATE: 1-19-2023

POINT OF

COMMENCEMENT
(oo
{

SOUTH QUARTER CORNER
SECTION 34

FND BCHH

LVI: 11-21-2018

LEWIS STREET

fe ey

EXHIBIT “A”

BASEL INE ROAD

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yoo? 36'34"W } NPA 38 4a? LVI: 11-24-2018
55.00" (TIE}— ; \
4491.43) a 1447.65 4
wore mag ME ~ 2629.08 (M) (BA BEARINGS J

SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT & POWER DISTRICT

CSSBED SURVEY DIVISION
POUL LAND DEPARTMENT

MARICOPA COUNTY

JUSTICE CENTER

SRP _LDWR NUMBER: -~--------- SCALE: NTS

1.0. NUMBER: 13296368 SHEET: 3 OF 3

AGENT: BOCKMANN SHEET SIZE: 8.5“x11"
DRAWN: MIHEL ICH REVISION: 0

CHECKED BY: HOWARD

CREW CHIEF: LACEY

SE 1/4 SECTION 34 TiN RSE
0.3 NORTH - 27.8 EAST

DATE: 1-20-2023

JEP

FIELD DATE: 1-19-2023