WA642906_REVISED_2-24-23_MARICOPA_COUNTY_089B.PDF
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NE-07-01N-03E
APN-112-05-089B
CCC-22-200
WA642906
JLG/JGF
MARICOPA COUNTY-APS
UTILITY EASEMENT
MARICOPA COUNTY, a political subdivision 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 Facilities shall consist of underground
electric lines and appurtenant facilities including pad mounted equipment. In no event may any overhead
electric lines and associated overhead equipment be installed unless in an emergency to restore power.
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.
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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.
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
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to this easement will be restored by Grantee to as close to original condition as is reasonably possible, at the
expense of Grantee.
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, MARICOPA COUNTY, a political subdivision of the State of
Arizona, has caused this Utility Easement to be executed by its duly authorized representative, this __ day
of________, 2023.
APPROVED AS TO FORM:
MARICOPA COUNTY, a political subdivision of
the State of Arizona,
________________________
Deputy County Attorney
By: ___________________________________
ATTEST:
________________________
Clerk of the Board
STATE OF ___________
}
} ss.
County of ____________
}
This instrument was acknowledged before me this ___ day of ______________, 2023 by
____________________________________ of ______________________________, on behalf of
MARICOPA COUNTY.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Seal
______________________________________
Notary Public
Clint Hickman
Chairman of the Board of Supervisors
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2/24/2023
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EXHIBIT “A”
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
AS RECORDED IN INSTRUMENT NUMBER 2022-0047851 M.C.R.
A parcel of land in the Northeast Quarter of Section 7, Township l North, Range 3 East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, and being more particularly described as
follows:
Beginning at the Southeast corner of Lot 10, Block 26 of Neahr's Addition to the City of Phoenix, as
shown on a plat recorded in Book 2 of Maps, Page 61, Maricopa County Records;
Thence west along the south line of said Lot 10, 100.00 feet to the southwest corner of Lot 9 of said
block 26;
Thence north along the west line of said Lot 9, 137.50 feet to the northwest corner of said Lot 9;
Thence east along the north line of said lot 9 and Lot 10, 100 feet to the northeast corner of said Lot
10;
Thence south along the east line of said Lot 10, 137.50 feet to the Point of Beginning.
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January 24, 2023 V2
SHEET 1 OF 2
51742
EDWARD M.
SERAFIN
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EXHIBIT “B”
ARIZONA PUBLIC SERVICE JOB #WA642906
A Utility Easement situated within the Northeast quarter of Section 7, Township 1 North, Range
3 East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly
described as follows:
The North 14.11 feet of the West 19.07 feet of Lot’s 9 & 10 “NEAHR’S ADDITION”, recorded in
Book 2, Page 61 records of Maricopa County, Arizona.
Contains an area of 269 square feet, more or less.
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DocuSign Envelope ID: 52F78949-E79C-4E54-A923-F3FF813BC5F3
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LEGEND
MARICOPA COUNTY
DOC. #2022-0047851 MCR
LOT'S 9 & 10
"NEAHR'S ADDITION"
BOOK 2, PAGE 61 MCR
APN 112-05-0898
WEST MADISON STREET
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EXHIBIT "B"
1222223 EASEMENT AREA
ROAD CENTERLINE
PROPERTY LINE
PROPERTY CORNER
Oaps
JOB # WA64290 6
DATE: 1/24/202 3 V2
•
MCR
APN
ROW
MARICOPA COUNTY RECORDER
ASSESSORS PARCEL NUMBER
RIGHT OF WAY
NE 1/4
SEC 7
T1 N
R3 E
SCALE: 1 " = 30'
INDEX: CCC-22-200
R/ W:B. PARR
SURV EY: E. COFFEY
DRAWN BY: E. SERAFIN
SHEET 2 OF 2
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