WA356960 TEMPORARY UTILITY EASEMENT REVISED.PDF

SE 14 1N 2E
33.425620, -112.124692
APN 105-17-003K
CCC-17-103
WA356960
BDP, RLM
TEMPORARY UTILITY EASEMENT
MARICOPA COUNTY, a political sub-division 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 temporary 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.)
The purpose of this easement is to grant a property right to Grantor for a limited time to allow
temporary electrical service to be provided until such time as a permanent service is available and a
permanent easement may be replacing the easement right granted herein.
Grantee is hereby granted the right within the Easement Premises to: construct, reconstruct, replace,
repair, operate and maintain temporary 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"); 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 6

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 possible, 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 6

IN WITNESS WHEREOF, MARICOPA COUNTY, a political sub-division 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 sub-division of the state of Arizona
By: _____________________________
Denny Barney
Its: Chairman, Board of Supervisors
Title
_________________________________
Signature
STATE OF ________________ }
} ss.
County of _________________ }
This instrument was acknowledged before me this ____ day of ___________________, 201__
by __________________________________________________________________________ (Grantor).
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Seal: _____________________________________
Notary Public Signature
Page 3 of 6

EXHIBIT “A”
(LEGAL DESCRIPTION OF GRANTOR’S PROPERTY)
AS RECORDED IN DOCKET 12789, PAGE 1161M.C.R.
Real property situate in the County of Maricopa, State of Arizona, being that portion of the Southeast
quarter of Section 14, Township 1 North, Range 2 East, Gila and Salt River, Base and Meridian as
said Southeast quarter is shown on that certain Record of Survey recorded in Book 193, page 50,
Records of said County, described as follows:
Beginning at the Northwest corner of said Southwest quarter;
Thence South 89° 41’ 45” East, along the North line of said Southeast quarter, 1000.00 feet;
Thence South 00° 08’ 10” East, parallel with the West line of said Southeast quarter, 1568.68 feet to a
line that is parallel with and distant 20.00 feet Northwesterly, measured at right angles, from the
Northerly boundary of the land (34 feet wide) of the Atchison, Topeka and Santa Fe Railroad
Company as described in deed recorded in Docket 3389, pages 437 to 439, Deed Records of said
County;
Thence South 59° 45’ 16” West, along last said parallel line, 1155.94 feet to said West line;
Thence North 00° 08’ 10” West, along said West line, 2156.34 feet to the Point of Beginning,
containing an area of 42.755 acres, more or less.
Page 4 of 6

DURANGO STREET
6 ƒ ( 2655.50'
EAST 1/4 CORNER
CENTER OF
SECTION 14, T1N, R2E
SECTION 14
T1N, R2E
FORMERLY
APN 105-17-003K APN 105-17-005
2622.55' R=200.00'
2627.00'
ƒ
6 ƒ (
L=121.71' AVENUE BEARING)
170.00'
: :
1 ƒ ( 677.77' OF
6 ƒ : 27TH
1 ƒ (
ƒ 133.20' 125.67' (BASIS
345.56' S ƒ
1 R=753.00' APN 105-17-003V
1 ƒ ( 836.44' ƒ 6
L=210.48'
1 ƒ (
279.69' 6 ƒ (
42.06'
831.23'
971.55' FORMERLY
APN 105-17-003Y FORMERLY
: APN 105-17-006 &
APN 105-17-003W
ƒ 1 ƒ :
60.00' 40.01'
1 ƒ : 1635.87' 6 1 ƒ : 969.69'
60.22'
1 ƒ : 2645.34'
SOUTH 1/4 CORNER LOWER BUCKEYE ROAD
SECTION 14, T1N, R2E SOUTHEAST CORNER
SECTION 14, T1N, R2E
LEGEND
EASEMENT AREA
EXISTING APS EASEMENT
DOC #2002-0503199 MCR EXHIBIT "B"
MONUMENT LINE SE 1/4 Sec 14 T 1N R 2E
PROPERTY LINE
MARICOPA COUNTY ITRF
TIE LINE
BRASS CAP IN HANDHOLE 2500 S 28TH DRIVE
REFERENCE POINT WO#: WA356960 DATE: 8/11/2017
MCR MARICOPA COUNTY RECORDER BY: E. SERAFIN SCALE: 1" = 400'
APN ASSESSORS PARCEL NUMBER 105-17-003K EXHIBIT PAGE 5 OF 6

6 ƒ (
8.00'
329.83' 329.84'
105-17-005
FORMERLY
( :
APN 105-17-003K
APN
SEE DETAIL ƒ ƒ
"A" BELOW 1 6
2622.55' 6 ƒ ( 611.53'
1 ƒ : 603.74'
1 ƒ ( 6 ƒ : 1 ƒ ( 677.77'
: 182.54' 174.69'
279.69'
6 ƒ ( 6 ƒ (
7.31' 5.02'
ƒ
6 ƒ :
1 1 ƒ ( (
16.50'
16.50'
1 ƒ :
1 ƒ ( 20.33'
ƒ
133.20'
1
345.56'
1 ƒ ( 836.44'
971.55' FORMERLY 6 ƒ (
APN 105-17-003Y 9.39' 6 ƒ (
9.86'
1 ƒ (
3.34' 6 ƒ :
13.41'
1 ƒ (
2.08' 1 ƒ :
27.25'
DETAIL "A"
SCALE : 1" = 30'
LEGEND
EASEMENT AREA
EXISTING APS EASEMENT
DOC #2002-0503199 MCR EXHIBIT "B"
MONUMENT LINE SE 1/4 Sec 14 T 1N R 2E
PROPERTY LINE
MARICOPA COUNTY ITRF
TIE LINE
BRASS CAP IN HANDHOLE 2500 S 28TH DRIVE
REFERENCE POINT WO#: WA356960 DATE: 8/11/2017
MCR MARICOPA COUNTY RECORDER BY: E. SERAFIN SCALE: 1" = 150'
APN ASSESSORS PARCEL NUMBER 105-17-003K EXHIBIT PAGE 6 OF 6