PUE FINAL.PDF

When recorded, Return to:
City of Avondale
Engineering Department
EXEMPT ARS 11-1134, A3
C-
PUBLIC UTILITY EASEMENT
Project No.: MC10134
Project Name: Agua Fria Food and Clothing Bank – City of Avondale Street Light Project
Assessor's Parcel No.: 500-51-003A
Item No.: N/A
This easement for streetlight purposes is entered as of the last date executed below by and
between the following parties.
GRANTOR: MARICOPA COUNTY, a political subdivision of the State of Arizona
GRANTEE: CITY OF AVONDALE, a municipal corporation of the State of Arizona
FOR AND IN CONSIDERATION of the sum of Ten and no/100 Dollars ($10.00), and other
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
GRANTOR does hereby grant and convey to GRANTEE, a non-exclusive Public Utility
Easement ("Easement") on, over, under, across, and through the real property described in
Exhibit “A”, and depicted on Exhibit “B”, which are both attached hereto and made a part hereof
(collectively, “Easement Area”), for the purpose of construction, operation, repair, and
maintenance of streetlights, and all associated appurtenances (collectively “Facility”), together
with: (1) the right of ingress and egress across GRANTOR’S property to access the Easement
Area to permit the economical operation and maintenance of Facility; (2) the right, but not the
obligation, to cut back and trim such portions of trees and vegetation that obstructs or interferes
with the efficient maintenance and operation of the Facility; and (3) the right to maintain the
Facility, including all incidental purposes consistent therewith.
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RESERVING however to GRANTOR such rights and privileges as may be used and
enjoyed the Easement Area by GRANTOR without interfering with or abridging the rights
herein granted to GRANTEE, provided however, GRANTOR shall not construct, or permit the
construction of, any permanent structures in the Easement Area. Any and all uses of the
Easement Area by the GRANTEE shall be subject to all federal, state and local laws and
ordinances with respect to environmental issues and land use.
If any GRANTOR facility, or GRANTOR-authorized facility, causes interference with
GRANTEE’S Facility, then the GRANTOR and/or the facility owner shall, at its sole cost and
expense, take all necessary action to eliminate such interference.
The GRANTEE shall, at its sole cost and expense, maintain the Facility and Easement
Area in a state of good repair and in a safe condition. GRANTEE shall also be required to
operate and maintain the Facility in a manner which will not unreasonably interfere with the
GRANTOR’S rights reserved within this Easement.
In the event GRANTEE removes the Facility, or in the event the Easement Area ceases
to be used for the purposes it was granted, or in the event of any other event giving evidence to
GRANTOR that the GRANTEE has abandoned the use of this Easement Area, then and in such
event, GRANTOR shall notify GRANTEE, in writing, that GRANTOR considers that the
Easement Area is no longer being used for the purpose it was granted or has been abandoned. In
such event, GRANTEE shall respond to GRANTOR as to whether the Easement Area is still
being used for streetlight purposes or has been abandoned. If the Easement is no longer needed
by GRANTEE, GRANTOR and GRANTEE shall execute an abandonment of this Easement
which GRANTOR shall record in the public records of Maricopa County. Unless and until such
abandonment is recorded, this Easement shall remain in full force and effect.
GRANTOR and GRANTEE, individually as "lndemnitor," shall indemnify, defend and
hold harmless the other party to this Easement ("lndemnitee") including agents, officers,
directors and employees thereof, from and against all losses, expenses, or damages of any nature
whatsoever that arise out of any negligent act or omission of either lndemnitor pursuant to this
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Easement, including but not limited to reasonable attorney's fees, court costs, and other expenses
relating to the defense against claims or litigation incurred by lndemnitee. Notwithstanding the
above, this Indemnification shall not apply to any damage or loss incurred by anyone as a result
of the Grantee fulfilling its statutory obligations according to law. lndemnitee shall be liable for
its own negligence or wrongful acts as provided by law. In no event shall the lndemnitor owe or
be obligated to pay any amounts which the lndemnitee has not actually paid or has no actual
obligation to pay.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURES PAGE(S) FOLLOW
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GRANTOR:
MARICOPA COUNTY, a political subdivision of the State of Arizona
By_________________________________
Jack Sellers
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board
Approved as to Form:
By_________________________________
Deputy County Attorney Date
STATE OF ARIZONA )
)
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this ___ day of
__________________, 2021, by Jack Sellers, the Chairman of the Board of Supervisors, on
behalf of Maricopa County, Arizona.
(SEAL and Expiration Date)
____________________________________
Notary Public
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GRANTEE ACCEPTANCE:
CITY OF AVONDALE, an Arizona municipal corporation
By_________________________________
Charles A. Montoya,
Avondale City Manager
Approved as to Form:
By___________________________________
City Attorney Date
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