REV3 EASEMENT.PDF

SW 33 1N 1W
33.382846, -112.372866
APN 500-79-008
CCW-18-49
WA437551
SER RLM
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”):
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 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 within the Easement Premises 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, and across Grantor's
Property; install, operate and maintain telecommunication wires, cables, conduits, fixtures and facilities
incidental to supplying electricity or for Grantee's own use (said electrical and telecommunication lines,
facilities and fixtures collectively herein called "Grantee Facilities"); and utilize the Easement Premises for
all other purposes connected therewith.
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.
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.
Page 1 of 4

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.
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 the right to use the Easement Premises for purposes 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, 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, 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.
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.
The easement granted herein shall not be deemed abandoned except upon Grantee’s execution and
recording of a formal instrument abandoning the easement.
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.
Page 2 of 4

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
_______________, 201__.
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By: _____________________________
Bill Gates
Its: Chairman of the Board of Supervisors
Title
ATTEST:
APPROVED AS TO FORM:
_________________________________
Signature Clerk of the Board
______________________________
Deputy County Attorney
STATE OF ________________ }
} ss.
County of _________________ }
This instrument was acknowledged before me this ____ day of ___________________, 201__
by _____________________________ as Chairman of the Maricopa County Board of Supervisors.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Seal: _____________________________________
Notary Public Signature
Page 3 of 4

EXHIBIT “A”
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
LOTS 3, 4, 9 AND 10, OR THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 1 NORTH,
RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA.
Page 4 of 4

EXHIBIT "B"
ARIZONA PUBLIC SERVICE COMPANY
SKETCH SHOWING THE LOCA770N AND
W 1/4 LIMITS OF UTILITY EASEMENT
SEC. 33
TO1N RO1W
0 50 100
LINE TABLE
Li BEARING DISTANCE
Li 56528'06E 15.33'
L2 S2451 154"W 18.25'
L3 N6528'06W 4.58'
L4 51451'30"W 374.45'
L5 58359'06E 51.27'
L6 N8272 144"E 6.25'
L7 NO0'00 100"W 4.13'
L8 N9000'00E 20.00'
L9 500'00'00E 12.00'
L10 N90'00'00"W 18.51'
L11 S8272 144"W 7.63'
L12 N8359'06W 61.58'
L13 N1451'30"E 385.16'
L14 N6528'06W 2.63'
L15 N2451 154"E 18.25'
SW COR.
SEC. 33
TO1N RO1W
LEGEND
® SECTION CORNER
SECTION LINE
=70:021 PROPOSED EASEMENT AREA
\ EASEMENT PER DKT.15972 PG.1052
\ \ EASEMENT PER 1992-0411037
\ - • - • - • - • - MATHEMATICAL TIE
\ \
EASEMENT AREA \
4,059.27 SQ. FT
0.093 ACRES
aps
SW 1/4 SEC. 33 T 01N R 01W
SURVEY FERGUSON LAND SERVICES
DRAWN: JWS VERSION:1
DATE: 05-22-18 JOB NO. WA 437551
SCALE:1"=50' SHEET: 1 OF 1