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NE 26 3N 1W
33.574276/-112.327248
APN:501-45-944
WA513170
RT/PB
CITY OF EL MIRAGE-APS
UTILITY EASEMENT
THE CITY OF EL MIRAGE, a municipal corporation 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 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, across, and
beyond 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 Facilities shall consist of underground electric lines and appurtenant facilities including pad
mounted equipment. 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 new 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 4 of 7
IN WITNESS WHEREOF, CITY OF EL MIRAGE, a municipal corporation of the State of
Arizona, has caused this Utility Easement to be executed by its duly authorized representative,
this _____ day of _______________, 2020.
APPROVED AS TO FORM:
________________________
City Attorney
CITY OF EL MIRAGE, a municipal corporation
of the State of Arizona
By: _____________________________
Printed Name
Its: _____________________________
ATTEST:
Title
_________________________
_________________________________
City Clerk
Signature
STATE OF ________________
}
} ss.
County of _________________
}
This instrument was acknowledged before me this ____ day of ___________________, 2020
by _________________________________ of City of El Mirage, a municipal corporation of the State of
Arizona.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Seal:
_____________________________________
Notary Public Signature
Page 5 of 7
EXHIBIT “A”
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
AS RECORDED IN INSTRUMENT NUMBER 2013-0162126 M.C.R.
LOT 1, FINAL PLAT “GATEWAY CENTER”, as recorded in Book 1139 of Surveys, Page 26,
official records of Maricopa County Recorder.
45'
R/W R3
CITY OF EL MIRAGE
DOC. 2013-0162126, M.C.R.
LOT 1 OF FINAL PLAT
"GATEWAY CENTER"
BOOK 1139, PAGE 26, M.C.R.
APN 501-45-944
8' ELEC. ESM'T.
R2
8' ELEC. ESM'T.
R2
8' ELEC. ESM'T.
R2
8' ELEC. ESM'T.
R1
L1
L2
L3
L4
L5
L6
N89°58'36"E
77.79'
EASEMENT LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
LENGTH
8.14'
37.01'
7.83'
8.00'
7.08'
37.77'
DIRECTION
N89° 58' 36"E
S10° 41' 11"E
S0° 00' 01"E
S89° 59' 59"W
N0° 00' 01"W
N10° 41' 11"W
CLIENT/PROJECT
TITLE
CITY OF EL MIRAGE
10100 N. EL MIRAGE ROAD, EL MIRAGE, ARIZONA
PROPERTY LINE
RIGHT OF WAY LINE
CENTER LINE
PROPERTY CORNER
EASEMENT AREA
M.C.R.
MARICOPA COUNTY RECORDER
APN
ASSESSOR'S PARCEL NUMBER
R/W
RIGHT OF WAY
LEGEND
1 INCH = FT
0
25
50
50
SHEET 1 OF 1
EXHIBIT "B"
R1
DOC. 2009-0482695, M.C.R.
POINT OF
BEGINNING
POINT OF
COMMENCEMENT
SEE BELOW
R2
DOC. 2013-0723151, M.C.R.
R3
BOOK 1139, PAGE 26, M.C.R.
POINT OF
COMMENCEMENT
POINT OF BEGINNING
1 INCH = FT
0
75
150
150
Page 6 of 7
Exhibit B
Legal Description
Utility Easement Dedication
AN EASEMENT WITHIN THE FINAL PLAT FOR GATEWAY CENTER RECORDED IN BOOK
1139, PAGE 26, RECORDS OF MARICOPA COUNTY AND BEING A PORTION OF THE
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1 AS SHOWN ON SAID FINAL PLAT
FOR GATEWAY CENTER;
THENCE NORTH 89°58’36” EAST, 77.79 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89°58’36” EAST, 8.14 FEET;
THENCE SOUTH 10°41’11” EAST, 37.01 FEET;
THENCE SOUTH 00°00’01” EAST, 7.83 FEET;
THENCE SOUTH 89°59’59” WEST, 8.00 FEET;
THENCE NORTH 00°00’01” WEST, 7.08 FEET;
THENCE NORTH 10°41’11” WEST, 37.77 FEET TO THE POINT OF BEGINNING;
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