LJ73882 EASEMENT FOR OWNERS SIGNATURE3.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. JAM
Parcel # 217-45-005D Job # LJ73883 / T3103998
SE ¼, SEC. 23, T04N, R06E W jam C ______
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 Southeast quarter of Section 23, Township 04 North, Range 06 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described in PATENT
(DEED) Instrument 1971-0144262 records of Maricopa County, Arizona.
Easement Parcel:

Said easement being a strip of land 8.00 feet in width, lying 4.00 feet on each side of the
line described as “CENTERLINE OF 8’ EASEMENT” described and delineated on
Exhibit “A” (McDowell Mountain Park, SRP Job No. T3103998), prepared by Salt
River Project A.I. & Power District, dated 2-15-2019, said Exhibit “A” attached hereto
and made a part hereof. Said easement ALSO to include the equipment pad area as
described and/or depicted on said Exhibit “A”.
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
grant, dedication, or conveyance for public use of the Easement Parcel. The rights herein created are private
and for the benefit only of Grantor and Grantee and their successors and assigns.
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).
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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 ________________,
______.
Maricopa County
a political subdivision of the State of Arizona
APPROVED AS TO FORM:
By: _________________________________
BILL GATES
Its: Chairman of the Board of Supervisors
______________________________
Deputy County Attorney
Attest: __________________________________
Its: Clerk of the Board Date: __________
STATE OF ___________________ )
) ss
COUNTY OF _________________)
The foregoing instrument was acknowledged before me this ____ day of ________________, by
Bill Gates as Chairman of the Maricopa County Board of Supervisors
__________________________________
Notary Public
My Commission Expires:
____________________
__________________
Notary Stamp/Seal
Legal Approved Form_04-20-2017_mcm