WA453828 2ND REVISED MARICOPA COUNTY UTILITY EASEMENT.PDF

SE 20 7N 4W
33.934194/-112.693116
503-05-015L
NWP-18-192
WA453828
RT/DMS/PJF
MARICOPA COUNTY-APS
UTILITY EASEMENT
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”):
GRANTOR’S PROPERTY AS RECORDED IN
INSTRUMENT NUMBER 2017-M.C.R.
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 Facilities shall consist of underground and existing
overhead electric lines and appurtenant facilities including pad mounted equipment, the locations of which
are within the Easement Premises depicted on Exhibit “B.” In no event may any new 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.
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 10

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.
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.
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.
Page 2 of 10

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.
Grantee’s use of the Easement Premises is solely for providing electrical and telecommunication
service to Grantor, and continuing to provide the existing electrical and/or telecommunication service to
the 37.62 acre property located adjacent to, and northwest of, Grantor’s property, which, at the time of the
granting of this easement, is known as Maricopa County Assessor Parcel Number 503-05-004. This
easement does not authorize or grant Grantee, or imply an authorization or grant of, the right to add
additional service lines for the property described directly above or install service that will serve other
properties. A separate easement will be required across Grantor’s property if additional service is proposed
to be granted to the property described directly above or other properties
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 10

IN WITNESS WHEREOF, MARICOPA COUNTY, a political subdivision of the State of
Arizona, has caused this Utility Easement to be executed by its duly authorized representative,
this____ day of___________________, 2019
APPROVED AS TO FORM: MARICOPA COUNTY BOARD OF SUPERVISORS,
MARICOPA COUNTY a political subdivision of the State of Arizona
________________________
Deputy County Attorney By: ___________________________________
Bill Gates
Its: Chairman of the Board of Supervisors
ATTEST:
_________________________
Clerk of the Board
STATE OF ___________ }
} ss.
County of ____________ }
This instrument was acknowledged before me this ___ day of ________________, 2019
by Bill Gates, as Chairman of the Maricopa County Board of Supervisors, on behalf of
Maricopa County, a political subdivision of the State of Arizona.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Seal ______________________________________
Notary Public
Page 4 of 10

EXHIBIT "B"
APN
503-05-015M
APN 503-05-004
SEE PAGES 2 - 5 U.S.
FOR EASEMENT DETAIL
W. 1/4 COR. CENTER 60 E. 1/4 COR.
SEC. 20 SEC. 20 SEC. 20
T.7N., R.4W. T.7N., R.4W. T.7N., R.4W.
L2
L1
1 2
(WICKENBURG-PHOENIX
503-05-012D BUILDING
APN 503-05-015L ENVELOPE
BOUNDARY
MARICOPA COUNTY
APN DOC. NO. 2017-0314385
2626.43' 2599.27' 2641.73'
HIGHWAY)
S00°13'39"W ATCHISON-TOPEKA-SANTA S00°01'34"E S00°12'36"E
RAILROAD
FE
APN 503-05-015N
SW. COR. S. 1/4 COR.
SE. COR.
SEC. 20 SEC. 20
SEC. 20
T.7N., R.4W. T.7N., R.4W.
T.7N., R.4W.
N89°53'53"W 2651.01' N88°32'42"W 2659.72'
LEGEND
EASEMENT AREA FOR EXISTING OVERHEAD
EASEMENT AREA FOR NEW UNDERGROUND
PROPERTY LINE
SECTION LINE
SECTION CORNER JOB # WA453828 DATE 07/31/19
T.7N., R.4W., SEC. 20, NE.,SW.,SE. 1/4
PROPERTY/BULDING ENVELOPE CORNER
SCALE 1" = 450' PAGE 1 OF 6
1 THE WESTERLY MOST NW.
PROPERTY COR. ELECTRIC EASEMENT
2 THE WESTERLY MOST NW. SURVEY: PENNINGTON
BUILDING ENVELOPE COR. DRAWN BY: J. KITCHEN
Page 5 of 10

EXHIBIT "B"
APN U.S.
503-05-015M L20
60
SEE PAGES 3 - 5
462.77'
S32°27'31"E
741.99'
(WICKENBURG-PHOENIX
CENTER E. 1/4 COR.
SEC. 20 SEC. 20
N00°09'49"E
T.7N., R.4W. T.7N., R.4W.
1 2 APN 503-05-004
S89°15'04"E S89°27'27"E 2650.47
L2 629.41'
N17°02'56"E 255.04' APN 503-05-015L S32°27'18"E HIGHWAY)
MARICOPA COUNTY 308.65'
DOC. NO. 2017-0314385
S28°01'57"W N85°23'56"W 670.14'
L19
231.28'
L18 BUILDING
ENVELOPE
BOUNDARY
S42°08'07"E
N49°09'53"W 372.04'
685.93'
310.15'
LEGEND S65°28'25"W
EASEMENT AREA FOR
EXISTING OVERHEAD
EASEMENT AREA FOR
NEW UNDERGROUND
PROPERTY LINE
SECTION LINE
SECTION CORNER JOB # WA453828 DATE 07/31/19
PROPERTY/BULDING ENVELOPE CORNER T.7N., R.4W., SEC. 20, NE.,SW.,SE. 1/4
SCALE 1" = 250' PAGE 2 OF 6
1 THE WESTERLY MOST NW.
PROPERTY COR. ELECTRIC EASEMENT
2 THE WESTERLY MOST NW. SURVEY: PENNINGTON
BUILDING ENVELOPE COR. DRAWN BY: J. KITCHEN
Page 6 of 10

EXHIBIT "B"
MATCH
LINE
PAGE
4
462.77' 259.89'
50"E
N00°09'49"E
25'
E. 1/4 COR.
N24°
SEC. 20
CENTER 390.90' T.7N., R.4W.
SEC. 20 S89°27'27"E 2650.47'
T.7N., R.4W. 56.46'
S24°25'50"W
APN 503-05-015L
MARICOPA COUNTY
S00°01'34"E 2599.27' DOC. NO. 2017-0314385
L8
L7
552.10'
L6
N85°44'36"E 225.41' L9
L5
L12
50"E S85°44'36"W 226.89' L11
25' L13 L10
N24°
389.98'
BUILDING
ENVELOPE
BOUNDARY
S24°25'50"W 670.14'
LEGEND N85°23'56"W
EASEMENT AREA FOR
MATCH EXISTING OVERHEAD
LINE EASEMENT AREA FOR
PAGE NEW UNDERGROUND JOB # WA453828 DATE 07/31/19
5 PROPERTY LINE T.7N., R.4W., SEC. 20, NE.,SW.,SE. 1/4
SCALE 1" = 50' PAGE 3 OF 6
SECTION LINE
ELECTRIC EASEMENT
SECTION CORNER
BULDING ENVELOPE SURVEY: PENNINGTON
CORNER DRAWN BY: J. KITCHEN
Page 7 of 10

EXHIBIT "B"
APN 503-05-015L
MARICOPA COUNTY
L3 DOC. NO. 2017-0314385
S82°25'58"E S32°27'31"E
171.30'
462.77' N82°25'58"W
164.64' S75°45'19"E
222.57' 741.99'
N75°45'19"W
N00°09'49"E 227.48' L4
259.89'
390.90'
N24°25'50"E
S24°25'50"W
MATCH
LINE
PAGE
3
JOB # WA453828 DATE 07/31/19
LEGEND T.7N., R.4W., SEC. 20, NE.,SW.,SE. 1/4
SCALE 1" = 50' PAGE 4 OF 6
EASEMENT AREA FOR
EXISTING OVERHEAD ELECTRIC EASEMENT
PROPERTY LINE SURVEY: PENNINGTON
DRAWN BY: J. KITCHEN
Page 8 of 10

EXHIBIT "B"
MATCH S
LINE
PAGE
3
L15
S28°01'57"W
231.28' 552.10' 231.28' 132.77'
APN 503-05-015L S28°01'57"W 131.89'
MARICOPA COUNTY 389.98'
DOC. NO. 2017-0314385 N43°18'10"E
50"E S43°18'10"W
25'
S24°25'50"W
N24°
160.01' S00°01'34"E 2599.27'
181.87'
N30°47'04"E
S30°47'04"W
L14
BUILDING
L17 ENVELOPE
BOUNDARY
L16
S42°08'07"E
372.04'
LEGEND JOB # WA453828 DATE 07/31/19
T.7N., R.4W., SEC. 20, NE.,SW.,SE. 1/4
EASEMENT AREA FOR
EXISTING OVERHEAD SCALE 1" = 50' PAGE 5 OF 6
ELECTRIC EASEMENT
SECTION LINE
SURVEY: PENNINGTON
BULDING ENVELOPE CORNER DRAWN BY: J. KITCHEN
Page 9 of 10

EXHIBIT "B"
LINE TABLE LINE TABLE
NO. BEARING LENGTH NO. BEARING LENGTH
JOB # WA453828 DATE 07/31/19
T.7N., R.4W., SEC. 20, NE.,SW.,SE. 1/4
SCALE NONE PAGE 6 OF 6
ELECTRIC EASEMENT
SURVEY: PENNINGTON
DRAWN BY: J. KITCHEN
Page 10 of 10