2. AGR Grant of Easement to Install Electrical Facilities: East Mesa Community Park

NW-9-9S-22W
197-09-017
SW-25-76
WA720572
SK
CITY OF YUMA-APS
UTILITY EASEMENT
THE CITY OF YUMA, a municipal corporation of the State of Arizona, (hereinafter
called “Grantor”), is the owner of the following described real property located in Yuma 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 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.
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.
Page 1 of 6

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
to this easement will be restored by Grantee to as close to original condition as is reasonably possible, at the
expense of Grantee.
Page 2 of 6

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.]
Page 3 of 6

IN WITNESS WHEREOF, City of YUMA, a municipal corporation of the State of Arizona, has
caused this Utility Easement to be executed by its duly authorized representative, this __ day
of________, 2026_.
APPROVED AS TO FORM:
CITY OF YUMA,
John D. Simonton
________________________
City Attorney
By:
____________________________________
John D. Simonton, Acting City Administrator
ATTEST:
_________________________
City Clerk
STATE OF ___________ }
} ss.
County of ____________ }
This instrument was acknowledged before me this ___ day of ______________, 2026__
by ____________________________________ of ______________________________, on behalf
of ___________________________.
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 IN INSTRUMENT NUMBER 2018-25535 Y.C.R.
PARCEL B, ARIZONA DEPARTMENT OF VETERANS’ SERVICES LOT TIE/ LOT SPLIT,
According to Book 30 of Plats, Page 30, Records of Yuma County, Arizona.
Description Verified By:
City Engineering Department 1/26/2026
Page 5 of 6

January 9, 2026
EXHIBIT “B”
ARIZONA PUBLIC SERVICE JOB #WA720572
An utility easement over a portion of Parcel “B” as shown on the Lot Tie/Lot Split Map, recorded
in Book 30, Page 30, Yuma County Records, Arizona, being situated within the Northwest
Quarter of Section 09, Township 9 South, Range 22 West of the Gila and Salt River Meridian,
Yuma County, Arizona, being more particularly described as follows:
COMMENCING at the most Westerly, Southwest corner of said Parcel “B”, from which the most
Southerly, Southwest corner of said Parcel “B” bears South 45 degrees 09 minutes 12 seconds
East, a distance of 70.87 feet;
Thence North 00 degrees 17 minutes 10 seconds West, along the West line of said Parcel “B”,
a distance of 49.77 feet to the POINT OF BEGINNING;
Thence North 00 degrees 17 minutes 10 seconds West, continuing along said West line, a
distance of 8.09 feet;
Thence departing said West line, North 80 degrees 56 minutes 25 seconds East, a distance of
18.28 feet;
Thence North 45 degrees 14 minutes 07 seconds East, a distance of 6.00 feet;
Thence South 44 degrees 45 minutes 53 seconds East, a distance of 4.00 feet;
Thence North 45 degrees 14 minutes 07 seconds East, a distance of 8.25 feet;
Thence South 44 degrees 45 minutes 53 seconds East, a distance of 11.50 feet;
Thence South 45 degrees 14 minutes 07 seconds West, a distance of 18.25 feet;
Thence North 44 degrees 45 minutes 53 seconds West, a distance of 8.52 feet;
Thence South 80 degrees 56 minutes 25 seconds West, a distance of 20.34 feet to the POINT
OF BEGINNING.
Said Easement Contains 390 Square Feet or 0.009 Acres, more or less.
E D L A N D S
E R U R
T V
I S E
G 60370 Y
E O
R A.L. SLATER R
D a t . . . . .
A e S i g n e d . . . . A .
R I Z O N A U . S .
SHEET 1 OF 3

S45°11'15"E
34th STREET 35.39'
N89°52'22"E 426.93'
30' ROW
D L A N D
R E S U
610.00' E R
T V
I S E
G 60370 Y
E O
APN: 197-09-016 R A.L. SLATER R
D a . . . .
N00°17'10"W A t e S i g n e d . . . . . .
R I Z . S . A
O N A U
50' ROW
E
1312.37' 1184.79'
6E 6-1/2
N89°52'22"E 800.05'
AVENUE N00°17'10"W
AVENUE
154.51' S00°14'51"E
N00°17'10"W
S89°42'50"W
6.00'
CITY OF YUMA
DEED: 2015-14726, YCR
N00°17'10"W 290.00'
PARCEL B PER 30' ROW
BK. 30, PG. 30, YCR
S89°42'50"W APN: 197-09-017
5.00'
N00°17'10"W
110.00'
N45°09'12"W
70.87' N00°01'13"W S44°51'58"W
18.00' 50' ROW 35.29'
S89°58'47"W
S89°58'47"W 965.24'
200.00'
N89°58'47"E 1331.13'
SEE DETAIL "A"
SHEET 3 COUNTY 11-1/2 STREET (ALIGNMENT)
WEST 1/4 CORNER
SEC. 9, T9S, R22W
REFERENCE DOCUMENTS
LOT TIE / LOT SPLIT SURVEY PER BOOK 30, PAGE 30, YCR
LEGEND
EASEMENT AREA EXHIBIT "B"
MONUMENT LINE
JOB # WA720572 DATE: 01/09/2026
PROPERTY LINE
PROPERTY CORNER NW 1/4 SEC 9 T 09S R 22W
MONUMENT SCALE: 1"=200' INDEX: SW-25-76
YCR YUMA COUNTY RECORDS R/W: S. KERNS
APN ASSESSORS PARCEL NUMBER SURVEY: D. VILLANUEVA
ROW RIGHT OF WAY DRAWN BY: T. SLATER SHEET 2 OF 3

BEGINNING POINT
OF AVENUE 6E
N00°17'10"W
8.09'
49.78' 52.13'
POINT N80°56'25"E
COMMENCEMENT OF 20.34' S80°56'25"W
18.28' N45°14'07"E
6.00' DETAIL
S44°45'53"E
8.52' 4.00' N45°14'07"E
N44°45'53"W
8.25' "A"
S45°14'07"W
18.25'
11.50'
S44°45'53"E
R/W: NW JOB
DRAWN SURVEY: SCALE: 1/4 # BK. DEED:
S. APN: CITY
30, PARCEL
BY: D. KERNS 1"=10' SEC WA720572 PG. OF
T. 2015-14726,
9 197-09-017 30, B
PER YUMA
SLATER VILLANUEVA
T R E G I S YCR
09S A T E YCR
DATE: Z I R t a D A.L. R E
INDEX: R EXHIBIT O g i S e D L
SHEET A N e n 60370 A
22W 01/09/2026 U d . . . SLATER D N
. S . . . . . . S
3 SW-25-76 A . . R U
OF "B" R O Y E V
3