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NW 13 3N 1W
33.606630/-112.324324
501-36-283E
WA642696
RT/RW
THE 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 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. In no event may any overhead
electric lines and associated overhead equipment be installed unless in an emergency to restore power.
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 8
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 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.
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.
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.
Page 2 of 8
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.
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 3 of 8
Page 4 of 8
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________________, 2022.
APPROVED AS TO FORM:
CITY OF EL MIRAGE,
a municipal corporation of the State of Arizona
________________________
City Attorney
By: ___________________________________
Signature
Its: ___________________________________
ATTEST: Title
_________________________
City Clerk
STATE OF Arizona
}
} ss.
County of Maricopa
}
This instrument was acknowledged before me this ___ day of ______________, 2022
by ____________________________________ of the 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
EXHIBIT “A”
(LEGAL DESCRIPTION OF GRANTOR’S PROPERTY)
AS RECORDED IN INSTRUMENT NUMBER 2011-0666403 M.C.R.
Parcel 1:
That portion of Tract "M" of the Capistrano Estates, a subdivision recorded in Book 291, page 23 of
Maricopa County Recorder’s Office, a vacated and abandoned 1985 subdivision per Maricopa County
Recorders instrument 1992-240793, being located in Section 13, Township 3 North, Range 1 West, of the
Gila and Salt River Meridian, City of El Mirage, County of Maricopa, Arizona, said portion lying west of
the west line of that parcel described in Instrument 1992-240795, Maricopa County Recorders Office
records, said above portion also being a part of the parcel described in Warranty Deed Instrument 1995-
0547772 and above said portion is more specifically described as follows:
(A "Results of Survey" concerning this described parcel is recorded in Instrument 1998-0045958, Maricopa
County Recorder’s Office records and indicates survey monuments set at the time of that survey)
Commencing at a Maricopa County Highway Department brass cap in a handhole marking the northwest
corner of said Section 13, per above said Results of Survey, from which, for a bearing reference, a 1/2 inch
rebar marking the north quarter of said Section 13, per above said Results of Survey, bears South 89° 43'
13" East, 2646.86 feet;
Thence along the north line of said Section 13, South 89° 43' 13" East, 406.20 (406.19 feet record said
Instrument l995-0547772);
Thence leaving said north line, along above said west line of the parcel described in Instrument 1992-
240795, South 00° 20' 49" East (South 00° 21' 17'' East record said Instrument 1995-0547772), 652.48 feet
to the POINT OF BEGINNING;
Thence continuing along said west line of the parcel described in Instrument 1992-240795, South 00° 20'
49" East (South 00° 21' 17" East record said Instrument 1995-0547772), 207.50 feet, to the south line of
said Tract "M", also being the north line of the Montana Blanca Estates, a 2002 subdivision recorded in
Book 606, Page 41 of said Maricopa County Recorder Office records, said position also being or having
been marked by an untagged rebar per above said Results of Survey;
Thence leaving said west line, along said south Tract "M" parcel line, North 89° 43' 20" West, 351.20 feet
(351.26 feet record said Instrument 1995-0547772), to the east line of the west 55.00 feet of said Section 13,
and the southwest corner of said Tract "M" parcel, said position being or having been marked by a 1/2 inch
rebar with tag RLS 5068 per above said Results of Survey or being or having been marked by a "set bar" per
said 2000, Montana Blanca Estates plat;
Thence leaving said south line, along the said east line of the west 55.00 feet of Section 13, also being the
west line of said Tract "M", North 00° 20' 49" West, 207.51 feet;
Thence leaving said west line of Tract "M", parallel with the north line of said Section 13, South 89° 43' 13"
East, 351.20 feet to the POINT OF BEGINNING.
Page 5 of 8
CLIENT/PROJECT
TITLE
PROPERTY LINE
RIGHT OF WAY 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
50
100
100
SHEET 1 OF 2
EXHIBIT "B"
M
MEASURED DISTANCE
POINT OF
BEGINNING
WEST 1/4 CORNER,
SECTION 13, T.3N., R.1W.
FOUND BRASS CAP IN HAND HOLE
CITY OF EL MIRAGE
13513 N EL MIRAGE RD, EL MIRAGE, AZ 85335
CENTER LINE
R1
DOC. 2011-0666403, M.C.R.
EASEMENT
SEE SHEET 2
CITY OF EL MIRAGE
APN 501-36-283E
PORTION OF TRACT M,
CAPISTRANO ESTATES
BOOK 291, PAGE 23, M.C.R.
DOC. 2011-0666403, M.C.R.
EXISTING EASEMENT
NORTHWEST CORNER,
SECTION 13, T.3N., R.1W.
FOUND BRASS CAP IN HAND HOLE
POINT OF COMMENCEMENT
R2
BOOK 291 PAGE 23, M.C.R.
PUE
PUBLIC UTILITY EASEMENT
Page 6 of 8
N2°58'10"W 177.14'
N0°20'49"W 15.33'
N89°39'11"E 19.27'
S0°20'49"E 19.01'
S89°39'11"W 7.09'
S2°58'10"E 155.55'
S89°43'20"E 94.38'
S0°16'40"W
18.00'
N89°43'20"W 105.38'
S89°43'20"E 19.43'
S89°43'20"E 55.00'
N0°20'49"W 2643.42' (M)
859.99'
1783.43'
8'
PUE R2
55'
R/W R2
CLIENT/PROJECT
TITLE
SHEET 2 OF 2
EXHIBIT "B"
1 INCH = FT
0
20
40
40
CITY OF EL MIRAGE
13513 N EL MIRAGE RD, EL MIRAGE, AZ 85335
WEST 1/4 CORNER,
SECTION 13, T.3N., R.1W.
FOUND BRASS CAP IN HAND HOLE
NORTHWEST CORNER,
SECTION 13, T.3N., R.1W.
FOUND BRASS CAP IN HAND HOLE
POINT OF COMMENCEMENT
EL MIRAGE ROAD
POINT OF
BEGINNING
Page 7 of 8
Exhibit B
Legal Description
Utility Easement Dedication
AN EASEMENT WITHIN A PORTION OF THE NORTHWEST QUARTER OF SECTION 13,
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 SAID SECTION 13 MARKED BY A BRASS
CAP IN A HAND HOLE, THENCE SOUTH 00°20’49” EAST ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, 859.99 FEET TO A POINT FROM WHICH THE WEST QUARTER
CORNER OF SAID SECTION 13 BEARS SOUTH 00°20’49” EAST, 1783.43 FEET;
THENCE DEPARTING WEST LINE OF NORTHWEST QUARTER OF SAID SECTION 13 SOUTH
89°43’20” EAST, 55.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF EL
MIRAGE ROAD;
THENCE CONTINUING SOUTH 89°43’20” EAST, 19.43 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 02°58’10” WEST, 177.14 FEET;
THENCE NORTH 00°20’49” WEST, 15.33 FEET;
THENCE NORTH 89°39’11” EAST, 19.27 FEET;
THENCE SOUTH 00°20’49” EAST, 19.01 FEET;
THENCE SOUTH 89°39’11” WEST, 7.09 FEET;
THENCE SOUTH 02°58’10” EAST, 155.55 FEET;
THENCE SOUTH 89°43’20” EAST, 94.38 FEET;
THENCE SOUTH 00°16’40” WEST, 18.00 FEET;
THENCE NORTH 89°43’20” WEST, 105.38 FEET TO THE POINT OF BEGINNING;
Page 8 of 8