EASEMENT_WA529764_4TH_STREET_JAIL.PDF
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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. Page 1 of 8 DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-8B7B2B02A87B 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. Page 2 of 8 DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-8B7B2B02A87B 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.] Page 3 of 8 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. Page 5 of 8 DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-8B7B2B02A87B 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 Page 6 of 8 DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-8B7B2B02A87B 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 R E G I S T E R E D L A N D S U R V E Y O R C E R T I F I C A T E N O . D A T E S I G N E D . . . . A R I Z O N A , U . S . A . 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. Page 8 of 8 DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-8B7B2B02A87B