EASEMENT_WA529764_4TH_STREET_JAIL.PDF

Maricopa County — Formal (2023-03-01)

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NW 8 1N 3E 
33.445332, -112.078789 
112-19-125
WA529764
JC/MJB
 UTILITY EASEMENT INCLUDING VAULTS 
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 and 
sufficiency of which are 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, 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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Portions of the Easement Premises lie within and/or beneath planned buildings, parking garages, 
structures, and other improvements (the “Improvements” as more fully described on Exhibit “C” attached 
hereto). Grantee shall at all times have the right of full and free ingress and egress to and along the 
Easement Premises located within or lying outside of the exterior walls of the Improvements for the 
purposes herein specified. Grantee agrees to make reasonable efforts to coordinate access with Grantor. If 
Grantee requires access to Grantee Facilities located within the Improvements and/or electrical vaults 
provided by Grantor pursuant to this easement or determines that the conditions specified herein are not met 
by Grantor, then Grantor, at its sole cost and expense, shall provide to Grantee reasonable and timely access 
to such Grantee Facilities and/or correct all non-compliant conditions. If Grantee requires access to Grantee 
Facilities located beneath the Improvements and Grantee has exhausted all other commercially reasonable 
means of access, Grantor at its sole cost and expense, shall provide to Grantee reasonable and timely access 
to such Grantee Facilities. 
Grantor shall not locate, erect or construct, or permit to be located, erected or constructed, any 
additional buildings or other structures or drill any wells within the limits of the Easement Premises that 
restrict or block access to the Easement Premises including vault entrances and access points.  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. 
Grantor shall provide a permanent flat, structurally sound, and unobstructed access way of sufficient 
size and surface acceptable to Grantee to all lift slabs located at or above finished grade which provide 
access to Grantee’s subsurface vaults and which are capable of supporting Grantee’s vehicles and 
equipment. 
Grantor or 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, or access thereto, may not be 
used for the storage of materials, trash or debris 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 not enter Grantee’s vault rooms and shall, for the benefit of Grantee, maintain clear 
and unobstructed access to Grantee’s vault entrances and access points at all times. Grantor has the 
responsibility to maintain structural integrity of any buildings, parking garage, structures, doorways, lift 
slabs, and other improvements. 
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Grantor shall be responsible for maintaining a maximum room temperature of 85 degrees Fahrenheit 
for proper cooling of Grantee Facilities located in vault rooms.   
Grantor shall maintain a clear area that extends 3 feet from and around all edges of all transformer 
pads and other equipment pads, and a clear operational area that extends 10 feet immediately in front of all 
pad-mounted transformers and other equipment openings.  No obstructions, trees, shrubs, fixtures, or 
permanent structures shall be placed or permitted by Grantor within said areas.  Grantee is hereby granted 
the right to trim, prune, cut, and clear away trees, brush, shrubs, or other obstructions within said areas. 
Grantee shall exercise reasonable care to avoid damage to the Easement Premises and all 
improvements thereon. Subject to all other provisions of this easement, Grantee 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 to this easement 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 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 agreements 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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DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-8B7B2B02A87B

DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-8B7B2B02A87B
7/5/2023

EXHIBIT “A” 
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY 
AS RECORDED IN INSTRUMENT NUMBER 2001-120781 MARICOPA COUNTY 
RECORDER’S OFFICE. 
Lot 1, Final Plat of 4th Avenue Jail, Book 578, Page 44 of Maps, Maricopa County Recorder’s Office, 
Arizona. 
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EXHIBIT “B” 
 
A Utility Easement situated within the Northeast quarter of Section 8, Township 1 North, Range 
3 East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly 
described as follows: 
VAULT EASEMENT AREA: 
COMMENCING at the Southwest corner of Lot 1, A FINAL PLAT OF “4TH AVENUE JAIL”, 
according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, 
recorded in Book 578 of Maps, Page 44, MCR, from which the Northwest corner of said Lot 1 
bears North 00 degrees 00 minutes 04 seconds East, a distance of 299.34 feet (Basis of 
Bearings); 
THENCE North 00 degrees 00 minutes 00 seconds East, along the West boundary line of said 
Lot 1, a distance of 68.00 feet to the POINT OF BEGINNING; 
THENCE continuing North 00 degrees 00 minutes 04 seconds East, a distance of 63.00 feet; 
THENCE departing said West boundary line, South 89 degrees 59 minutes 56 seconds East, a 
distance of 15.00 feet; 
THENCE South 00 degrees 00 minutes 04 seconds West, a distance of 63.00 feet; 
THENCE North 89 degrees 59 minutes 56 seconds West, a distance of 15.00 feet to the POINT 
OF BEGINNING. 
Containing an area of 945.00 square feet or 0.02 acres, more or less. 
59117
RYAN M.
RICHARDS
3.23.23
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S00° 27' 26"E
299.39'
N89° 59' 36"W
299.90'
N00° 00' 04"E
299.34'
S89° 59' 58"E
297.50'
63.00'
L1
L2
L3
68.00'
168.34'
LINE TABLE
LINE
L1
L2
L3
BEARING
S89°59'56"E
S00°00'04"W
N89°59'56"W
DISTANCE
15.00'
63.00'
15.00'
PROPERTY LINE
MONUMENT LINE
MONUMENT
EASEMENT AREA
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59117
RICHARDS
RYAN M.
LEGEND
PROPERTY CORNER
SHEET                
OF
BY:
SURVEY:
R/W:
SCALE:
DATE:
 1/4        SEC               
T                         R      
JOB#
INDEX:
EXHIBIT "B"
WA529764
03.23.2023
NW
08
  01 N
  03 E
1"=60'
JAMES CARTER
RICHARDS
  7        
8
3.23.23
4TH  AVENUE
MADISON  STREET
3RD  AVENUE
JACKSON  STREET
40'
R/W
40'
R/W
40'
R/W
40'
R/W
COUNTY OF MARICOPA
2001-1120781, MCR
LOT 1, FINAL PLAT OF "4TH AVENUE JAIL"
BOOK 578, PAGE 44, MCR
APN: 112-19-125
DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-8B7B2B02A87B

EXHIBIT “C” 
DESCRIPTION OF GRANTOR IMPROVEMENTS 
Building, sidewalks. 
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DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-8B7B2B02A87B