WA415135 UTILITY EASEMENT COMPLETE REV 2 .PDF

NW 8 1N 3E
33.445703/-112.076573
112-22-091A
CCC-09-111
WA415135
RT/PB
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”):
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, 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 and across 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 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 7

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.
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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.
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 7

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_________________, 2018.
MARICOPA COUNTY, a political subdivision of the State of Arizona
BY ___________________________________________________
Steve Chucri
Chairman of the Board of Supervisiors
APPROVED AS TO FORM: ATTEST:
_________________________ _________________________________
Attorney for County Clerk of the Board of Supervisors
STATE OF _______________ }
} ss.
County of ________________ }
This instrument was acknowledged before me this _____ day of _____________________, 2018
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
Page 4 of 7

EXHIBIT “A”
(LEGAL DESCRIPTION OF GRANTOR’S PROPERTY)
AS RECORDED IN BOOK 241, PAGE 24 M.C.R.
Lot 1 of "PRE-SENTENCED FACILITY" a Subdivision recorded in Book 241, Page 24 M.C.R.
EXCEPT that part lying within the FINAL PLAT FOR “SOUTH COURT TOWER” recorded in
BOOK 1274, PAGE 6 M.C.R.
Page 5 of 7

40' ROW MADISON STREET
N89° 54' 54"E S89° 56' 09"E 400.00'
379.08' 350.00' 50.00'
40.00' 11.10'
N89° 54' 54"E 327.14'
40' 8' PUE
ROW R=12.00' 8'
89°54'54" N89° 59' 52"W S00° 00' 08"W PUE
L=18.83' 38.90' 149.95'
SEE DETAIL "A"
379.47' 275.55' ON PAGE 7 OF 7 340.17' 380.18'
LOT 1
"SOUTH COURT TOWER"
AVENUE A PORTION OF LOT 1 BOOK 1274, PAGE 6 MCR AVENUE
"PRE-SENTENCED FACILITY"
00"E 00"E APN 112-22-973 23"E 23"E
BOOK 241, PAGE 24 MCR
00' 3RD 00' APN 112-22-091A S00° 00' 08"W 00' 1ST 00'
190.12'
N00° N00° S00° S00°
R=12.00'
89°59'38" N89° 59' 38"W 8' PUE
S00° 00' 08"W
40' L=18.85' 50.00'
40.00'
ROW 50'
N89° 59' 38"W 288.17' N89° 55' 20"W 350.05' ROW
340.17' 50.00'
N89° 59' 38"W N89° 55' 20"W 400.06'
40' ROW JACKSON STREET 40' ROW
LEGEND EXHIBIT "B"
EASEMENT AREA PROPERTY CORNER
EXISTING APS EASEMENT BRASS CAP JOB # WA415135 DATE: 8/22/2018
DOC. #2010-0071761 MCR REFERENCE POINT NW 1/4 SEC 8 T 1N R 3E
MONUMENT LINE MCR MARICOPA COUNTY RECORDER SCALE: 1' = 100'
PROPERTY LINE APN ASSESSORS PARCEL NUMBER R/W: B. PARR
PUE LINE PUE PUBLIC UTILITY EASEMENT SURVEY: E. COFFEY, R. JACKSON
TIE LINE ROW RIGHT OF WAY DRAWN BY: E. SERAFIN PAGE 6 OF 7

40.00'
N89° 54' 54"E 327.14'
149.95'
A PORTION OF LOT 1 LOT 1
"PRE-SENTENCED FACILITY" "SOUTH COURT TOWER"
08"W
BOOK 241, PAGE 24 MCR BOOK 1274, PAGE 6 MCR
APN 112-22-091A 00' APN 112-22-973
43"W S00°
S89° 59' 17"E
20.41' 00'
S00° 30.22'
N00° 00' 43"E
39.06'
L1
N49° 24' 19"E L2
15.81' L3
N89° 59' 52"W
N00° 00' 43"E 38.90'
24.96' L4
N64° 10' 58"W
17.56'
S00° 00' 08"W
190.12'
LINE TABLE LINE TABLE
LINE BEARING DISTANCE LINE BEARING DISTANCE
L1 N89°59'52"W 34.57' L3 S45°00'43"W 18.98'
L2 N89°59'52"W 3.19' L4 S00°00'43"W 38.31'
LEGEND
EASEMENT AREA
EXISTING APS EASEMENT
DOC. #2010-0071761 MCR
MONUMENT LINE DETAIL "A"
PROPERTY LINE
PUE LINE
TIE LINE EXHIBIT "B"
PROPERTY CORNER
BRASS CAP JOB # WA415135 DATE: 8/22/2018
REFERENCE POINT NW 1/4 SEC 8 T 1N R 3E
MCR MARICOPA COUNTY RECORDER SCALE: 1' = 40'
APN ASSESSORS PARCEL NUMBER R/W: B. PARR
PUE PUBLIC UTILITY EASEMENT SURVEY: E. COFFEY, R. JACKSON
ROW RIGHT OF WAY DRAWN BY: E. SERAFIN PAGE 7 OF 7