SRP EASEMENT_BADEN HOMES RE T1870662 HOUSING AUTHORITY OF MARICOPA COUNTY.DOCX

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. JMM
Parcel # 102-51-002D AMP # T1870662
SE1/4 Sec. 4, T1N, R1E W_________ C _______
HOUSING AUTHORITY OF MARICOPA COUNTY,
hereinafter called Grantor, for and in consideration of the sum of One 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 convenient or necessary from time to time, together 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:
The North 369 feet of the South 1,069.8 feet of the East 295.16 feet of the Northwest quarter of
the Southeast quarter of Section 4, Township 1 North, Range 1 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona as recorded in Quit Claim Deed Instrument #
2008-0013890 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
described as “CENTERLINE OF 8’ EASEMENT” delineated on Exhibit “A” (BOC w. Garfield
St. & N. 93rd Av., SRP AMP number T1870662 prepared by Salt River A.I. & Power District
dated 07-290-2015), said Exhibit “A” attached hereto and made a part hereof. Said Easement
ALSO to include the equipment pad area as described and/or depicted on said Exhibit “A”.
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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 and dry 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.
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 acknowledge 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.
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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. Restoration. If Grantee performs excavation activities on the Easement Parcel and Grantee
damages any improvements of Grantor that are in compliance with Grantor’s requirements hereunder,
including without limitation the requirements set forth in paragraphs 2 and 3 above, Grantee will
promptly restore such improvements to as close to their condition prior to such damage as is
reasonably possible at the expense of Grantee.
9. 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.
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IN WITNESS WHEREOF, HOUSING AUTHORITY OF MARICOPA COUNTY, has caused its
name to be executed by its duly authorized representative(s), this ______ day of ________________,
______.
HOUSING AUTHORITY OF MARICOPA COUNTY,
By ___________________________________
Its ___________________________________
By ___________________________________
Its ___________________________________
STATE OF ___________________)
) ss
COUNTY OF _________________)
The foregoing instrument was acknowledged before me this ____ day of ____________,
_______ by _______________________________ and __________________________________, as
_______________________ and ________________________, respectively, of HOUSING
AUTHORITY OF MARICOPA COUNTY, on behalf of such entity.
My Commission Expires: __________________________________
Notary Public
_______________________
____________________________
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).
Approved MCM 08-05-14