SRP REVISED EASEMENT 5-17-16.PDF
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WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PAB350 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. WLG Parcel # 102-55-017 Job # T2100757, LJ61036 SW %, SEC. 5, TIN, RIE WWLGC fé8 S-I7-Mb MARICOPA COUNTY, ARIZONA, 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, hereinafter called Grantee, and Grantee’s employees, contractors, licensees, invitees, successors and assigns, 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 necessary from time to time, to gether 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 Southwest quarter of Section 5, Township 1 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, as described in Instrument Number 2012- 057837, 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 describe as “Centerline of 8’ Easement” delineated on Exhibit “A” (MARICOPA COUNTY SW JUSTICE CENTER , SRP Job #T2100757, prepared by Salt River Project Agricultural Improvement & Power District, dated 04/26/16) said Exhibit “A” attached hereto and made apart hereof. Said easement ALSO to include the equipment pad area(s) 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. Grantee shall obtain Grantor’s written consent to any construction or installation of all or any portion of the Facilities outside of the Easement Parcel. After the completion of any construction or installation outside of the Easement Parcel and receipt of Grantor’s written consent, Grantor and Grantee shall execute, and cause the recordation of an amendment to this Easement, modifying the legal description of the Easement Parcel to reflect the actual location of the Facilities, and 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 agrees that its signature on the above-described amendment constitutes its written consent hereunder. 2. Prohibited Activities. Grantor shall not construct, install or place, or permit to be constructed, installed or placed, 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. Further, 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. Grantee shall further have the right to install, maintain and use gates in all fences or walls which now cross or hereafter cross the Easement Parcel. 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 acknowledged 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. 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. 9. Authority to Bind Grantor. Grantor represents and warrants that the individual executing this document (i) 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). REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, MARICOPA COUNTY, ARIZONA, a political subdivision of the State of Arizona, has caused its name to be executed by its duly authorized representative(s), this day of 3 MARICOPA COUNTY, ARIZONA, a political subdivision of the State of Arizona, By Clint Hickman Its Chairman of the Board of Supervisors ATTEST: Clerk of the Board APPROVED AS TO FORM: Deputy County Attorney STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by and , as and respectively, of MARICOPA , COUNTY, ARIZONA, a political subdivision of the State of Arizona, on behalf of such political subdivision. Notary Public My Commission Expires: Notary Stamp/Seal Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S, Sections 11- 1134(A)(2) and (A)(3). Legal Approved Form_7-1-2014_ mem EXHIBIT “A“ MCDOWELL RD AVE AVE LEGEND po Om nee SECTION AND CENTERLINE 1O7TH 99TH | PROPERTY LINE | | | wee me eee me CENTERLINE OF 8° EASEMENT | JOB SITE | | ee EXISTING EASEMENT -— ee ns VA NBER REN ST ) SECTION CORNER AS NOTED VICINITY MAP (N.T.S.} ‘ O EQUIPMENT PAD - 10.00’ x 10.00 TIN RIE UNLESS OTHERWISE NOTED G&SRM ARE PART OF THE EASEMENT ABBREVIATION TABLE APN ASSESSOR PARCEL NUMBER ACHH ALUMINUM CAP IN HAND HOLE BCHH BRASS CAP IN HAND HOLE EPAD EQUIPMENT PAD FD FOUND LV] LAST VISUAL INSPECTION MCR MARICOPA COUNTY RECORDER (M) MEASURED NTS NOT TO SCALE UNDERGROUND ELECTRIC POWER LINE RIGHT-OF-WAY MARICOPA COUNTY, ARIZONA CAUTION THE EASEMENT LOCATION AS HEREON DELINEATED 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 40-380.21, ET. SEQ.. ARIZONA BLUE STAKE LAW, PRIOR TO ANY EXCAVATION. NOTES THIS EXHIBIT IS INTENDED 1D ACCOMPANY AN EASEMENT. ALL MIN PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND an We WOE ae OU TPM MT PAD HE WINDOW OF TH EN NO ATTEMPT HAS BEEN MADE TO VERIFY THE LOCATION OF ANY BOUNDARIES SHOWN. 1S NOT AN ARIZONA BOUNDARY SURVEY. UNLESS OTHERWISE NOTED. THIS SALT RIVER PROJECT CSIMBZED SURVEY DIVISION AGRICULTURAL IMPROVEMENT & POWER DISTRICT EIA LAND DEPARTMENT SRP JOB NUMBER: 11583 SCALE: NTS CCE —MARICOPA COUNTY AMP W/O NUMBER: 12100757 SHEET: 1 OF 2 SW JUSTICE CENTER AGENT: GOLLIHARE 7@S 4/.27-7¢ }SHEET SIZE: 8.5"x11" SW ) DRAWN: TODARO REVISION: #1 er N SECT TON. ° .’ ° CHECKED BY: Agptoiaan CREW CHIEF: SELVEY 1.2 EAST - 5.2 NORTH DATE: 4/26/16 FIELD DATE: 4/14/16 ‘ft /f EXHIBIT A ee ene eee 7 PR | —— SL | ! APN-102-55-017 i 2012-0578737 MCR | | —efio -«—B8' PUBLIC | ° | UTILITY i |S | EASEMENT i | ia|s 899/13 MCR ! | SL, OFm | = Lah) i =i SEE | i 5 1 30 1 13 2 450 1003 12 67 72.011856 | 5 1 30 1 13 3 529 1023 127 35 82.101830 DETAIL 5 1 30 1 13 4 1683 1012 24 91 31.135250 | 5 1 30 1 13 5 2268 1055 5 51 53.389587 | 4 1 30 1 14 0 342 1069 2003 103 -1 5 1 30 1 14 1 342 1069 753 91 23.974943 rr 5 1 30 1 14 2 1683 1078 26 91 72.088562 1 5 1 30 1 14 3 2268 1090 77 82 13.533945 i: 4 1 30 1 15 0 379 1164 1964 117 -1 5 1 30 1 15 1 379 1234 4 28 39.739388 H 5 1 30 1 15 2 438 1164 35 117 65.718826 i 5 1 30 1 15 3 802 1254 11 14 23.256168 o 5 1 30 1 15 4 873 1248 6 14 28.499199 ' 5 1 30 1 15 5 939 1248 14 14 58.853302 u 5 1 30 1 15 6 1143 1249 8 14 32.121429 t 5 1 30 1 15 7 1700 1210 9 50 70.528984 [ 5 1 30 1 15 8 2294 1224 49 45 12.952166 YT 4 1 30 1 16 0 379 1249 1964 78 -1 5 1 30 1 16 1 379 1267 74 52 67.101723 || 5 1 30 1 16 2 631 1257 34 33 78.256081 L1 5 1 30 1 16 3 693 1233 20 73 76.341980 | 5 1 30 1 16 4 735 1253 242 34 0.000000 Noovo1'21w| 85.41 = | |= ; L2 | N89°58'39"E | 40.00! = | o! | bi 8 1s: ze| L3 | N89°58'39"E | 8.00’ S iL. — 2) es ai La | $89°58"39"W | 8.00" | | 5! 5 L5 | No9°07'10"E | 25.18" iL i 2! S| L6 | NoO°O1'21"W | 56.29" iP | ! = | L7 | N89°04'51"E | 461.79’ | | I ls L8_| N83°32'58"E | 10.28’ = Ih | | iw[S [eg | Noo°o1'21"w | 134.91" SL 3 i ! i || L101 N44°50'43"w | 5.67’ 5 DETAIL | i= ne he “ls | i Hl 8° puBLic oS | >| UTILITY | i |) EASEMENT i io 899/13 MCR (TIED | || ys We oe _ | VAN BUREN ST 1322.18 4 9 132221851" we nn a N89°03° 04°E BASIS OF BEARINGS 26 44.36‘ (M) $174 COR Sw COR sc SEC 5 TIN» RIE FD ACHH FD BCHH LVI. 2/5/10 LVI 1/17/15 SALT RIVER PROJECT Cse@e SURVEY DIVISION AGRICULTURAL IMPROVEMENT & POWER DISTRICT LAND DEPARTMENT SRP_JOB NUMBER: 11583 SCALE: NTS CCE -MARICOPA COUNTY AMP W/O NUMBER: 12100757 SHEET: 2 OF 2 SW JUSTICE CENTER AGENT: _GOLLIHARE 772$ 27-4) SHEET SIZE: 8.5"x11" SW 174. SECTION 5 DRAWN: _ TODARO REVISION: #1 Te1 New Re1 E CHECKED BY: CREW CHIEF: SELVEY DATE: 4/26/16 FIELD DATE: 4/14/16 1.2 EAST - 5.2 NORTH