WA341315 UTILITY EASEMENT COMPLETE (002).PDF
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SE 14 1N 2E 33.425608, -112.120606 APN 105-17-003V, 003X, 005, 008 CCC-18-15 WA341315 BDP, 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 (NOTE: The purpose of this Exhibit is to depict the dimensions and approximate location and alignment of the electric line easement area. The location and alignment of the electric line and facilities as actually constructed shall take precedence over the location and alignment shown on this Exhibit.) 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: _____________________________ Steve Chucri APPROVED AS TO FORM: Its: Chairman of the Board of Supervisors Title ATTEST: __________________________ _________________________________ Deputy County Attorney Signature Clerk of the Board STATE OF ________________ } } ss. County of _________________ } This instrument was acknowledged before me this ____ day of ___________________, 201__ by _____________________________ of Maricopa County. 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 AS RECORDED IN INSTRUMENT NUMBER 20061027022 M.C.R. Page 4 of 4 EXHIBIT "B" CENTER OF SEC. 14 E. 1/4 COR. SEC. 14 T.1N., R.2E. T.1N., R.2E. DURANGO STREET APN 105-17-005 PAGE 2 PAGE 3 PAGE 4 APN EASEMENT 105-17-009 AREA POINT "A" AVENUE 836.44' APN N90°00'00"E 105-17-003V 1031.55' 27TH APN 105-17-008 APN 105-17-003X R/W N00°00'19"W 60' LOWER BUCKEYE ROAD S. 1/4 COR. SEC. 14 SE. COR. SEC. 14 T.1N., R.2E. T.1N., R.2E. NOTE: SEE PAGE 5 FOR BASIS OF BEARING FOR THIS EXHIBIT JOB # WA341315 DATE 03/27/18 LEGEND T.1N., R.2E., SEC. 14, S.E.1/4 SCALE 1" = 500' PAGE 1 OF 7 PROPERTY LINE ELECTRIC EASEMENT PROPERTY CORNER SURVEY: JOHNSON-TAFT-ELLIS DRAWN BY: J. KITCHEN APN 105-17-005 L12 EXHIBIT "B" DOC. NO. MATCH LINE 2006-1027022 BELOW LEFT APN 105-17-009 3 LINE DKT. NO. 12789, PAGE 1161 L16 PAGE L46 SEE DETAIL A 8.00' MATCH 1269.57' ON PAGE 5 158.58' SEE N89°26'35"E 677.77' L11 L13 279.68' N00°11'23"W N00°08'25"E MATCH LINE ABOVE RIGHT L7 L45 POINT "A" N90°00'00"E 836.44' 8.00' 357.01' S48°17'05"W APN 105-17-008 DOC. NO. 2017-0503687 L6 3 LINE L2 L3 L4 L5 L52 PAGE L44 L42 L41 L40 MATCH 8.00' SEE L43 LEGEND JOB # WA341315 DATE 03/27/18 T.1N., R.2E., SEC. 14, S.E.1/4 EASEMENT AREA SCALE 1" = 100' PAGE 2 OF 7 PROPERTY LINE ELECTRIC EASEMENT PROPERTY CORNER SURVEY: JOHNSON-TAFT-ELLIS DRAWN BY: J. KITCHEN EXHIBIT "B" 2 APN 105-17-005 SEE DETAIL B DOC. NO. 2006-1027022 ON PAGE 5 PAGE L16 C2 SEE SEE L46 C5 MATCH PAGE L21 N89°26'35"E 677.77' 8.00' 4 LINE L17 L21 LINE Δ=34°52'12" L47 R=200.00' L=121.72' L32 MATCH L48 S55°41'25"E L36 170.02' 125.76' S34°18'35"W 8.00' ' 190.37 APN 105-17-008 L49 06" APN DOC. NO. 2017-0503687 L37 L= ' °29' 105-17-003V 53.00 DOC. NO. Δ=14 2006-1027022 R=7 C1 S62°33'52"E 2 L1 439.66' PAGE L50 N62°33'52"W L51 L52 L38 SEE 831.23' 394.65' L39 8.00' APN 105-17-003X LINE L40 DOC. NO. 2006-1027022 APN 105-17-006A MATCH S00°31'26"W LEGEND JOB # WA341315 DATE 03/27/18 T.1N., R.2E., SEC. 14, S.E.1/4 EASEMENT AREA SCALE 1" = 100' PAGE 3 OF 7 PROPERTY LINE ELECTRIC EASEMENT PROPERTY CORNER SURVEY: JOHNSON-TAFT-ELLIS DRAWN BY: J. KITCHEN EXHIBIT "B" APN 105-17-005 DOC. NO. R=5 Δ=9 2006-1027022 00.0 0°0 0' 0'01 S00°27'04"W L21 L =78 " 37.50' L32 5.4 0' 20 MATCH C3 S89°32'56"E SEE L33 87.11' LINE LEFT PAGE LINE C4 L22 L34 L35 3 L31 L28 L36 Δ=94°02'17" L30 MATCH BELOW L29 R=35.00' L=57.44' Δ=27°59'30" APN S89°32'56"E APN R=537.50' L=262.59' 105-17-003V 87.11' 195.75' S00°27'04"W 105-17-003X 5.76' DOC. NO. DOC. NO. °18'35"W 2006-1027022 2006-1027022 52.42' RIGHT LINE S89°32'56"E 374.93' L22 L23 ABOVE MATCH L28 L24 L27 L25 L26 646.25' AVENUE APN 105-17-003X DOC. NO. 2006-1027022 S00°13'02"W 27TH 33' R/W LEGEND JOB # WA341315 DATE 03/27/18 T.1N., R.2E., SEC. 14, S.E.1/4 EASEMENT AREA SCALE 1" = 100' PAGE 4 OF 7 PROPERTY LINE ELECTRIC EASEMENT PROPERTY CORNER SURVEY: JOHNSON-TAFT-ELLIS DRAWN BY: J. KITCHEN EXHIBIT "B" L14 L20 L10 L19 L15 L18 L9 L33 L46 L47 L8 L34 L7 L45 L48 L35 L36 DETAIL A DETAIL B BASIS OF BEARING THE BASIS OF BEARING FOR THIS EXHIBIT IS N00°00'19"W ALONG THE MIDSECTION LINE OF SECTION 14 ALSO BEING THE WEST PROPERTY LINE OF APN 105-17-008 AS SHOWN ON EXHIBIT "A", PAGE 3 IN DOC. NO. 2017-0503687. THE REMAINING PARCELS REFERENCED IN THIS EXHIBIT FROM DOC. NO. 2006-1027022 WERE ROTATED TO MATCH THIS BASIS OF BEARING FOR THE PURPOSES OF THIS EXHIBIT. LEGEND JOB # WA341315 DATE 03/27/18 T.1N., R.2E., SEC. 14, S.E.1/4 EASEMENT AREA SCALE 1" = 50' PAGE 5 OF 7 PROPERTY LINE ELECTRIC EASEMENT PROPERTY CORNER SURVEY: JOHNSON-TAFT-ELLIS DRAWN BY: J. KITCHEN EXHIBIT "B" LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH JOB # WA341315 DATE 03/27/18 T.1N., R.2E., SEC. 14, S.E.1/4 SCALE N/A PAGE 6 OF 7 ELECTRIC EASEMENT SURVEY: JOHNSON-TAFT-ELLIS DRAWN BY: J. KITCHEN EXHIBIT "B" LINE TABLE NO. BEARING LENGTH CURVE TABLE NO. LENGTH RADIUS DELTA TANGENT CHORD CHORD-BEARING JOB # WA341315 DATE 03/27/18 T.1N., R.2E., SEC. 14, S.E.1/4 SCALE N/A PAGE 7 OF 7 ELECTRIC EASEMENT SURVEY: JOHNSON-TAFT-ELLIS DRAWN BY: J. KITCHEN