SRP EASEMENT FINAL VERSION 12-15-20.PDF
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WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PAB10W P. O. Box 52025 Phoenix, Arizona 85072-2025 EXEMPT PURSUANT TO A.R.S. §§ 11-1134(A)(2) and (A)(3) POWER DISTRIBUTION EASEMENT Maricopa County Agt. KB Parcel # 139-49-001X LJ79447/LR79242/T3232963 SE ¼, SEC. 34, T01N, R05E W: KB C: _________ JEP ______ R/W # MARICOPA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA, hereinafter called Grantor, for and in consideration of the sum of Ten Dollars, and other valuable consideration, receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey to SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, and its successors and assigns, hereinafter called Grantee, for use by Grantee and Grantee’s employees, contractors, licensees, and invitees, a non-exclusive easement to construct, install, reconstruct, replace, remove, repair, operate and maintain underground electrical conduits and conductors, pipes, cables, switching equipment, transformers, pad-mounted equipment, enclosures, manholes, vaults, and all other appliances, appurtenances and fixtures (collectively, “Facilities”) for the transmission and distribution of electricity, communication signals and data, and for all other purposes connected therewith at such locations and elevations, in, upon, over, under, across, through and along the Easement Parcel (defined below), as Grantee may now or hereafter deem convenient or necessary from time to time, together with the right of access to and from the Easement Parcel, over, across, through and along Grantor's Property (defined below) (collectively, the “Easement”). The lands in, upon, over, under, across, through and along which the Easement is granted are situated in the County of Maricopa, State of Arizona, and are more particularly described as: Grantor's Property: A portion of the SE quarter of Section 34, Township 01 North, Range 05 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described in WARRANTY DEED Docket 14935 Page 1023, official records of Maricopa County, Arizona. Easement Parcel: Said easement being described as “LIMIT OF EASEMENT” delineated on Exhibit “A” (MARICOPA COUNTY JUSTICE CENTER, SRP Job No. T3232963), prepared by Salt River Project A.I. & Power District, dated 11-16-2020, said Exhibit “A” attached hereto and made a part hereof. CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical equipment. Notice is hereby given that the location of underground electrical conductors or facilities must be verified as required by Arizona Revised Statutes, Section 40-360.21, et seq., Arizona Blue Stake Law, prior to any excavation. The Easement is governed by the following terms and conditions: 1. Modification of Easement Parcel. Grantor acknowledges that field conditions may result in the Facilities being installed within Grantor’s Property in a location that is not within the Easement Parcel. After the completion of any construction or installation outside of the Easement Parcel, Grantee shall obtain Grantor’s agreement with and execution of an amendment to this Easement modifying the legal description of the Easement Parcel to reflect the actual location of the Facilities (the “Amendment”). Upon the recordation of the Amendment, such revised legal description shall have the same force and effect, and create the same priority of interest, as if recorded concurrently with this instrument. Grantor may consent to the execution and recordation of the Amendment through the exercise of its sole discretion. 2. Prohibited Activities. Grantor shall not, whether directly or indirectly by granting permission, construct, install, or place any building or other structure, plant any trees, drill any wells, store materials of any kind, or alter the ground level, within the Easement Parcel. This paragraph 2 does not prohibit the use of the Easement Parcel for such purposes as landscaping (except trees), paved parking, sidewalks and/or driveways, provided that such use is otherwise in accordance with the terms of this Easement, and does not interfere with the efficient operation and maintenance of the Facilities, including access thereto. To obtain clarification as to whether or not a particular construction activity is prohibited by the first sentence of this paragraph 2, Grantor may request Grantee’s prior written approval to grade or install improvements (“Work”) within the Easement Parcel by submitting all construction, grading, or other development plans, as applicable, describing the proposed Work. Grantee may grant or deny such approval through the exercise of Grantee’s sole discretion, provided that Grantee’s review and right to approve shall be limited to whether the proposed Work conflicts with the existing Facilities, including access thereto. Any such approval is hereby subject to Grantor complying with all other provisions of this Easement. 3. Clear Areas. Grantor shall maintain a clear area that extends 3.00 feet from and around all edges of all transformer pads and other equipment pads, and a clear area that extends 12.00 feet immediately in front of all transformer and other equipment openings (“Clear Areas”). No improvements, fixtures, trees, shrubs, or other obstructions shall be placed within the Clear Areas. Grantee shall have the right (but not the obligation) to remove any obstructions within the Clear Areas. 4. Additional Grantee Rights. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, or which encroaches into, the Easement Parcel or the Clear Areas, whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. Grantor agrees that any fences or walls which now cross or hereafter cross Grantor’s Property will not prevent Grantee’s access to the Easement Parcel or the Facilities. Grantor further agrees that Grantee can use gates on all such fences or walls for such access. 5. Perpetual Nature of Easement. The Easement, and Grantee’s rights hereunder, shall be perpetual, and shall not terminate until, and unless abandoned through the recordation of a document formally abandoning the Easement, which references this instrument and is executed and acknowledge by Grantee. Upon such recordation, all Grantee's rights hereunder shall cease, except the right to remove any and all property placed upon the Easement Parcel within a reasonable time subsequent to such abandonment. 6. Successors and Assigns. The benefits and burdens, and the covenants and agreements herein set forth shall run with and burden the land and shall extend and inure in favor and to the benefit of, and shall be binding on Grantor and Grantee and their successors and assigns. 7. Rights and Remedies Cumulative. The rights and remedies hereunder are cumulative, and the exercise of any one or more of such rights or remedies shall not preclude the exercise, at the same or different times, of any other right or remedy available. 8. Private Use. The provisions of this Easement Agreement are not intended to and do not constitute a public utility easement, or any other grant, dedication, or conveyance for public use of the Easement Parcel. 9. Warranty of Title. Grantor represents and warrants that: (i) fee simple title to the Grantor’s Property and Easement Parcel is vested in Grantor, and (ii) Grantor has full power and authority to grant the Easement and to perform its obligations under this document. 10. Authority to Bind Grantor. The individual executing this document represents and warrants: (i) that he or she is authorized to do so on behalf of Grantor, and (ii) that he or she has full legal power and authority to bind Grantor in accordance with the terms herein and, if necessary, has obtained all required consents or delegations of such power and authority (whether from any partner, owner, spouse, shareholder, director, member, manager, creditor, investor, developer, governmental authority, judicial or administrative body, association, or other person or entity). REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, MARICOPA COUNTY, a political subdivision of the State of Arizona, has caused its name to be executed by its duly authorized representative(s) this _________ day of ____________________, 20_______. ACCEPTED: MARICOPA COUNTY By: __________________________________ Chairman of the Board of Supervisors ATTEST: Date _____________________________ _________________________________ Clerk of the Board of Supervisors APPROVED AS TO FORM: _________________________________ Deputy County Attorney STATE OF ___________________ ) ) ss COUNTY OF _________________ ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 20______, by ____________________________________________ as Chairman of the Board of Supervisors of Maricopa County, a political subdivision of the State of Arizona, on behalf of such political subdivision. My Commission Expires: _________________________ __________________________________ Notary Public _________________________ Notary Stamp/Seal Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections 11- 1134(A)(2) and (A)(3). EXHIBIT “A” SRP JOB NUMBER: T3232963 DATE: 11-16-2020 SRP JOB NAME: MARICOPA COUNTY JUSTICE CENTER PAGE: 1 OF 4 TTRRSS: 1N5E34 AN EASEMENT WITHIN A PARCEL OF LAND AS DESCRIBED IN DOCKET 14935, PAGE 1023 MARICOPA COUNTY RECORDER (MCR) LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 5 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34, BEING A BRASS CAP IN HAND HOLE, FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 34, BEING AN ALUMINUM CAP FLUSH, BEARS NORTH 89 DEGREES 23 MINUTES 26 SECONDS EAST, A DISTANCE OF 2629.13 FEET (BASIS OF BEARINGS); THENCE NORTH 41 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 1480.29 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL DESCRIBED IN DOCKET 14935, PAGE 1023 MCR AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 47 MINUTES 08 SECONDS EAST, A DISTANCE OF 11.18 FEET; THENCE SOUTH 35 DEGREES 55 MINUTES 34 SECONDS EAST, A DISTANCE OF 93.22 FEET; THENCE NORTH 89 DEGREES 30 MINUTES 15 SECONDS EAST, A DISTANCE OF 153.44 FEET; THENCE SOUTH 00 DEGREES 27 MINUTES 10 SECONDS EAST, A DISTANCE OF 64.46 FEET; THENCE NORTH 89 DEGREES 20 MINUTES 39 SECONDS EAST, A DISTANCE OF 3.93 FEET; THENCE SOUTH 00 DEGREES 39 MINUTES 21 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 89 DEGREES 20 MINUTES 39 SECONDS WEST, A DISTANCE OF 11.97 FEET; THENCE NORTH 00 DEGREES 27 MINUTES 10 SECONDS WEST, A DISTANCE OF 68.48 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 15 SECONDS WEST, A DISTANCE OF 149.56 FEET; THENCE NORTH 35 DEGREES 55 MINUTES 34 SECONDS WEST, A DISTANCE OF 93.25 FEET; THENCE SOUTH 89 DEGREES 47 MINUTES 08 SECONDS WEST, A DISTANCE OF 7.02 FEET; THENCE NORTH 00 DEGREES 36 MINUTES 33 SECONDS WEST, A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS AN AREA OF 2658 SQUARE FEET MORE OR LESS. END OF DESCRIPTION 11/16/2020 EXHIBIT "A" SOUTHERN AVENUE LEGEND DRIVE SECTION AND CENTERLINE DRIVE PROPERTY LINE CLUB 34 LIMITS OF EASEMENT MESA COUNTRY SITE EXISTING EASEMENT PER 2000-0170561 MCR TIE LINE SECTION CORNER AS NOTED BASELINE ROAD VICINITY MAP (NTS) T1N, R5E G&SRM CAUTION THE EASEMENT LOCATION AS HEREON DELINEATED MAY CONTAIN HIGH VOLTAGE ELECTRICAL EQUIPMENT, ABBREVIATION TABLE NOTICE IS HEREBY GIVEN THAT THE APN ASSESSOR'S PARCEL NUMBER 11/16/2020 LOCATION OF UNDERGROUND BCHH BRASS CAP IN HAND HOLE ELECTRICAL CONDUCTORS OR AC ALUMINUM CAP FACILITIES MUST BE VERIFIED AS FND FOUND REQUIRED BY ARIZONA REVISED MCR MARICOPA COUNTY RECORDER STATUTES, SECTION 40-380.21, ET. (M) MEASURED BASIS OF BEARINGS: SEQ., ARIZONA BLUE STAKE LVI LAST VISUAL INSPECTION BASED ON THE MARICOPA COUNTY LAW, PRIOR TO ANY EXCAVATION. NTS NOT TO SCALE LOW DISTORTION PROJECTION COORDINATE SYSTEM. NOTES THIS EXHIBIT IS INTENDED TO ACCOMPANY AN EASEMENT. ALL PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND SALT RIVER PROJECT SURVEY DIVISION NO ATTEMPT HAS BEEN MADE TO AGRICULTURAL IMPROVEMENT & POWER DISTRICT LAND DEPARTMENT VERIFY THE LOCATION OF ANY SRP LDWR NUMBER: 20-1159-NS SCALE: NTS BOUNDARIES SHOWN. THIS IS NOT I.O. NUMBER: T3232963 SHEET: 2 OF 4 MARICOPA COUNTY AN ARIZONA BOUNDARY SURVEY. JUSTICE CENTER AGENT: BOCKMANN SHEET SIZE: 8.5"x11" ALL ELECTRIC LINES SHOWN DRAWN: SMITH REVISION: 0 SE 1/4, SECTION 34 ARE MEASURED TO THE WINDOW OF THE EQUIPMENT PAD CHECKED BY: HOWARD CREW CHIEF: PETERSON T.1 N., R.5 E. UNLESS OTHERWISE NOTED. DATE: 11-16-2020 JEP FIELD DATE: 10-29-2020 0.1 N - 27.8 E EXHIBIT "A" COURY AVENUE N 642.23' SEE DETAIL A POINT OF SHEET 3 BEGINNING APN 139-49-001X NORTH DOCKET 14935, PAGE 1023 MCR LEWIS LEWIS N41°29'11"E S00°36'33"E DRIVE 1480.29'(TIE) S00°36'34"E 945.49'(TIE) MESA 1202.64' 1426.49' N89°23'26"E 2629.13'(M) SOUTHEAST CORNER SOUTH 1/4 CORNER BASIS OF BEARING SECTION 34 SECTION 34 BASELINE ROAD FND AC FLUSH FND BCHH LVI 11-21-2018 LVI 11-21-2018 POINT OF SALT RIVER PROJECT SURVEY DIVISION COMMENCEMENT AGRICULTURAL IMPROVEMENT & POWER DISTRICT LAND DEPARTMENT SRP LDWR NUMBER: 20-1159-NS SCALE: NTS I.O. NUMBER: T3232963 SHEET: 3 OF 4 MARICOPA COUNTY AGENT: BOCKMANN SHEET SIZE: 8.5"x11" JUSTICE CENTER DRAWN: SMITH REVISION: 0 SE 1/4, SECTION 34 CHECKED BY: HOWARD CREW CHIEF: PETERSON T.1 N., R.5 E. DATE: 11-16-2020 JEP FIELD DATE: 10-29-2020 0.1 N - 27.8 E EXHIBIT "A" 642.23' 172.99' LEWIS N DETAIL A NTS POINT OF BEGINNING L1 L6 NORTH L5 S35°55'34"E 93.22' N41°29'11"E N41°29'11"E N89°30'15"E 1480.29'(TIE) 1480.29'(TIE) N35°55'34"W 461.24' 93.25' 153.44' N00°36'33"W S89°30'15"W S00°27'10"E 64.46' 149.56' 68.48' N00°27'10"W LINE TABLE L2 LINE BEARING DISTANCE L3 L1 N89°47'08"E 11.18' L2 N89°20'39"E 3.93' L4 L3 S00°39'21"E 12.00' S00°36'34"E 945.49'(TIE) L4 S89°20'39"W 11.97' L5 S89°47'08"W 7.02' L6 N00°36'33"W 8.00' SALT RIVER PROJECT SURVEY DIVISION AGRICULTURAL IMPROVEMENT & POWER DISTRICT LAND DEPARTMENT SRP LDWR NUMBER: 20-1159-NS SCALE: NTS I.O. NUMBER: T3232963 SHEET: 4 OF 4 MARICOPA COUNTY AGENT: BOCKMANN SHEET SIZE: 8.5"x11" JUSTICE CENTER DRAWN: SMITH REVISION: 0 SE 1/4, SECTION 34 CHECKED BY: HOWARD CREW CHIEF: PETERSON T.1 N., R.5 E. DATE: 11-16-2020 JEP FIELD DATE: 10-29-2020 0.1 N - 27.8 E