EASEMENT MARICOPA COUNTY 500-02-050A - 01.23.23.PDF

Maricopa County — Formal (2023-02-08)

View PDF Item 73 Meeting page

Extracted text (via pymupdf) 10609 characters
Page 1 of 6 
 
 
SW SEC 2 1N 1W 
33.450039, -112.338741  
500-02-050A 
WE014836 
MJP/DMS 
 
RIGHT-OF-WAY 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, 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, install, reconstruct, replace, remove, repair, operate 
and maintain a line or lines of poles or towers, or other supporting structures and conductors or cables 
suspended thereon and supported thereby, and guys, anchorage, crossarms, braces, transformers, and 
underground conduits, conductors, pipes, cables, vaults, and manholes, and all other equipment, fixtures, 
and facilities, for the transmission and distribution of electricity and for all other purposes connected 
therewith, and for the transmission and distribution of telephone, audio and/or visual signal and other 
communication or data transmission purposes to, through, across, and beyond Grantor's Property  (said 
electrical and telecommunication lines, facilities and fixtures collectively herein called "Grantee Facilities"); 
including the right to install down guys/anchorage where necessary as determined by Grantee within 
Grantor’s Property which may not exceed the Easement Premises; together with the right of ingress and 
egress across the Grantor’s Property to, from and along the Easement Premises and with the right to use 
lands adjacent to said Easement Premises during temporary periods of construction.  Grantee is hereby 
authorized to permit others to use the Easement Premises for additional facilities jointly with or separately 
from the Grantee for their purposes. 
 
 
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

Page 2 of 6 
 
plant or permit to be planted any trees or alter ground level by cut or fill within the limits of the Easement 
Premises without the prior written consent of Grantee.  
 
 
Subject to all other provisions of this Easement, Grantor reserves the right to cultivate, graze, use 
and occupy the Easement Premises for any purpose consistent with the rights and privileges herein granted, 
and which do not interfere with or endanger any of the Grantee Facilities. 
 
 
Grantee shall have the right to construct, modify and maintain access openings at such locations and 
of such dimensions as solely determined by Grantee in walls or fences which exist within the Easement 
Premises on the date this Easement is conveyed.  Grantor shall, at its expense, provide Grantee openings at 
such locations and of such dimensions as solely determined by Grantee in future walls or fences within the 
Easement Premises.  Grantor shall have the right to install gates across said openings and Grantor and 
Grantee shall have the right to use said gates, provided that any locked gates be subject to joint access by 
Grantor and Grantee by provision of a multiple locking device. 
 
 
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. 
 
 
 
 
 
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

Page 3 of 6 
 
 
IN WITNESS WHEREOF, MARICOPA COUNTY, a political subdivision of the State of 
Arizona, caused this Right-of-Way Easement to be executed by its duly authorized representative, 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  } 
 
 
 
 
This instrument was acknowledged before me this ____ day of _________________, 2023 
 
 by Clint Hickman it’s Chairman of the Board of Supervisors of Maricopa County, a political subdivision 
of the State of Arizona. 
 
 
 
 
 
 
 
IN WITNESS WHEREOF I hereunto set my hand and official seal. 
 
 
 
 
 
Notary Seal: 
 
 
 
____________________________________________ 
 
 
 
 
 
 
 
 
 
       Notary Public

Page 4 of 6 
 
EXHIBIT “A” 
 
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY  
as recorded at Docket 2409, Page 462, Maricopa County Recorder’s Office, Maricopa, County, 
Arizona. 
 
 
A portion of the Southwest quarter of the Southwest quarter of Section 2, Township 1 North, Range 1 
West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly 
described as follows:  
 
COMMENCING at the Southeast corner of the Southwest quarter of the Southwest quarter of said 
Section 2;  
 
THENCE North along the East line of said Southwest quarter of the Southwest quarter, North 00 degrees 
26 minutes 38 seconds East, a distance of 55.00 feet;  
 
THENCE along the North right-of-way line of Van Buren Street, North 88 degrees 35 minutes 32 seconds 
West, a distance of 344.00 feet more or less, to the POINT OF BEGINNING;  
 
THENCE along said North right-of-way line, North 88 degrees 35 minutes 32 seconds West, a distance of 
485.84 feet;  
 
THENCE North 00 degrees 33 minutes 17 seconds East, a distance of 385.86 feet;  
 
THENCE North 89 degrees 27 minutes 27 seconds East, a distance of 485.84 feet;  
 
THENCE, South 00 degrees 32 minutes 33 seconds West, a distance of 362.17 feet, more or less to a 
point on the North right- of-way line of Van Buren Street and 55.00 feet North of the South line of said 
Section 2 to the POINT OF BEGINNING. 
 
EXCEPT all oil, gas, asphaltum and other hydrocarbons and all other minerals, whether similar to those 
herein specified or not, within or underlying or that may be produced from the above described lands, 
including such rights of access to and the use of such parts of the surface of the above described lands as 
may be necessary for mining and saving said minerals as reserved in Deed recorded in Docket 2409, page 
462, records of Maricopa County, Arizona. 
 
 
Parcel Number: 500-02-050A

EXHIBIT "B" 
LEGAL DESCRIPTION FOR 
ARIZONA PUBLIC SERVICE 
RIGHT OF WAY EASEMENT 
That part of the Southwest Quarter of Section 2, Township 1 North, Range 1 West, of the Gila 
and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: 
Commencing at the City of Avondale Brass Cap in Handhole marking the Southwest Corner of 
said Section 2, from which the City of Avondale Brass Cap marking the West Quarter Corner of 
said Section 2 bears North 00°46'45" East (Basis of Bearing), a distance of 2620.83 feet; 
Thence South 88°22'02" East, along the South line of the Southwest Quarter of said Section 2, a 
distance of 971. 66 feet; 
Thence North 00°46'03" East, departing said South line, a distance of 55.01 feet to the Southeast 
corner of that certain parcel of land as described in Docket 2409, Page 462, Maricopa County 
Records and the True Point of Beginning; 
Thence North 88°22'02" West, along the Southerly line of said parcel also being the Northerly 
Right-of-Way line of Van Buren Street, a distance of 485.84 feet to the Southwest corner of said 
parcel; 
Thence North 00°46'34" East, departing said Southerly line, along the Westerly line of said 
parcel, a distance of 51.88 feet; 
Thence South 88°36'20" East, departing said Westerly line, a distance of 485.81 feet to a point 
on the Easterly line of said parcel; 
Thence South 00°46'03" West, along said Easterly line, a distance of 53.91 feet to the True Point 
of Beginning. 
Containing 25,695 Square Feet or 0.590 Acres, more or less. 
       Page 5 of 6

S88°22'02"E  971.66'
S00°46'03"W  393.27'
N00°46'34"E  385.90'
N88°22'02"W  485.84'
S88°36'20"E  485.81'
51.88'
53.91'
DRAWN BY:
SURVEY:
R/W:
SCALE:
DATE:
1/4     SEC          T           R      
JOB #
EXHIBIT "B"
N:\01\0264901\Cadd\WE014836 - THREE RIVERS\VX.EXHIBIT 500-02-050A.dwg   JeffreyK   December 13, 2022
INDEX:
N00°46'42"E  2620.83'
DYSART  ROAD
SW. COR.
SEC. 2
T.1N., R.1W.
W. 1/4 COR.
SEC. 2
T.1N., R.1W.
VAN  BUREN  STREET
APN 500-02-050A
MARICOPA COUNTY
DOCKET 2409, PAGE 462 MCR
LEGEND
PROPERTY LINE
SECTION LINE
EASEMENT AREA
SECTION CORNER
MARICOPA COUNTY
RECORDER
MCR
PROPERTY CORNER
55'
R/W
TOTAL EASEMENT AREA:
25,695 S.F.  (0.590 AC.)
APN 500-02-073
J. KITCHEN
RINDA-HUTTON
WE014836
12/13/22
 6
SHEET 6  OF
 
 1
D. SCHLIEF
N.T.S.
SW
2
1N
1W
TRUE POINT OF
BEGINNING
COMMENCEMENT
POINT OF
APN 500-02-091
N00°46'03"E
55.01'
12/13/22
POLE LOCATION
-ALL BEARINGS ARE NAD 1983, STATE PLANE GRID,
ARIZONA CENTRAL ZONE (0202)
- ALL DISTANCES ARE GROUND DISTANCES