B1. POWER DISTRIBUTION EASMENT_APN30016014H.PDF
Extracted text (via ocr_local)
14336 characters
DocuSign Envelope ID: 5153B358-9A70-4BDA-A614-9A42FEDA00C8 WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PAB10W P. O. Box 52025 Phoenix, Arizona 85072-2025 FCD Resolution 2018R006 EXEMPT PURSUANT TO IGA FCD 2018A011 ARS. §§ 11-1134(A)(2) and (A)(3) POWER DISTRIBUTION EASEMENT Maricopa County Agt. JAM Parcel # 300-16-014H Job # LJ81673 / T3384960 NW 4%, SEC. 12, TOS, RO2ZE W gem C_JEP R/W # THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, 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, and its successors and assigns, hereinafter called Grantee, for use by Grantee and Grantee’s employees, contractors, licensees, and invitees, 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”), Grantee is hereby authorized to permit others to use the Easement for additional Facilities jointly with or separately from the Grantee for their purposes. 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 Northwest quarter of Section 12, Township 01 South, Range 02 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described in WARRANTY DEED Instrument 2021-0767736 records of Maricopa County, Arizona. DocuSign Envelope ID: 5153B358-9A70-4BDA-A614-9A42FEDA00C8 Easement Parcel: Said easement being described as “EASEMENT AREA” delineated on Exhibit “A” (HECTOR RESIDENCE, SRP Job No. T3384960), prepared by Salt River Project A.I. & Power District, dated 03-18-2022, said Exhibit “A” attached hereto and made a part hereof. 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: LF 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. After the completion of any construction or installation outside of the Easement Parcel, Grantee shall obtain Grantor’s agreement with and execution of an amendment to this Easement modifying the legal description of the Easement Parcel to reflect the actual location of the Facilities (the “Amendment”), Upon the recordation of the Amendment, 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 may consent to the execution and recordation of the Amendment through the exercise of its sole discretion. 2. Prohibited Activities. Grantor shall not, whether directly or indirectly by granting permission, construct, install, or place 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. To obtain clarification as to whether or not a particular construction activity is prohibited by the first sentence of this paragraph 2, 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. DocuSign Envelope ID: 5153B358-9A70-4BDA-A614-9A42FEDA00C8 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. Grantor agrees that any fences or walls which now cross or hereafter cross Grantor’s Property will not prevent Grantee’s access to the Easement Parcel or the Facilities, Grantor further agrees that Grantee can use gates on all such fences or walls for such access. 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. 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. Private Use. The provisions of this Easement Agreement are not intended to and do not constitute a public utility easement, or any other grant, dedication, or conveyance for public use of the Easement Parcel. 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. 10. Authority to Bind Grantor, The individual executing this document represents and warrants: (i) that he or she 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 DocuSign Envelope ID: 5153B358-9A70-4BDA-A614-9A42FEDA00C8 GRANTOR: RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DocuSigned by: Midrarl Fulton 8/1/2022 Michael A. Fulton Date Chairman of the Board Director ATTEST: Clerk of the Board Date STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) Before me, , Notary Public in and for said County, State of Arizona, on this day personally appeared , known to me to be the Chairman of the Board of Directors of the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of 20. 5 Notary Public (signature) AdsSHATE DEPARTMENT APPROVAL: 8/1/2022 FOST2BORSESDCE. Alex Smith Date Real Estate Director APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of rigaana,ang: Maricopa County. Wayne Pel 8/1/2022 porepp+epesa4p- District General Counsel Date Legal Approved Form_04-20-2017_mcm DocuSign Envelope ID: 5153B358-9A70-4BDA-A614-9A42FEDA00C8 EXHIBIT “A” SRP JOB NUMBER: 73384960 DATE: 03-18-2022 SRP JOB NAME: HECTOR RESIDENCE PAGE: 1 OF 3 TTRRSS: T1S R2E SEC 12 AN EASEMENT WITHIN A PARCEL OF LAND AS DESCRIBED IN DOCUMENT 2021-0767736 MARICOPA COUNTY RECORDER (MCR) LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 2 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 12, BEING A BRASS CAP IN HAND HOLE, FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION 12, BEING A BRASS CAP FLUSH, BEARS NORTH 89 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 2628.08 FEET (BASIS OF BEARINGS); THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 21, NORTH 89 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 696.80 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND; THENCE ALONG THE WEST LINE OF SAID PARCEL OF LAND, NORTH 00 DEGREES 10 MINUTES 02 SECONDS WEST, A DISTANCE OF 33.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND; THENCE ALONG THE NORTH LINE OF SAID PARCEL OF LAND, NORTH 89 DEGREES 45 MINUTES 17 SECONDS EAST, A DISTANCE OF 103.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 89 DEGREES 45 MINUTES 17 SECONDS EAST, A DISTANCE OF 8.00 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 14 MINUTES 43 SECONDS EAST, A DISTANCE OF 27.60 FEET TO THE NORTH LINE OF A SALT RIVER PROJECT EASEMENT BEING 8.00 FEET IN WIDTH AS DESCRIBED IN 2020-1111852 (MCR); THENCE ALONG THE NORTH LINE OF SAID SALT RIVER PROJECT EASEMENT, SOUTH 89 DEGREES 45 MINUTES 04 SECONDS WEST, A DISTANCE OF 8.00 FEET; THENCE DEPARTING SAID NORTH LINE, NORTH 00 DEGREES 14 MINUTES 43 SECONDS WEST, A DISTANCE OF 27.60 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS AN AREA OF 221.0 SQUARE FEET OR 0.005 ACRES, MORE OR LESS. END OF DESCRIPTION DocuSign Envelope ID: 5153B358-9A70-4BDA-A614-9A42F EDA00C8 Baier & // ut A ABBREVIATION TABLE DOBBINS ROAD ‘ence ais | | | | | | gis | ig S| Ci. ee ‘ie Sal ry a wl IF | | | | | etre rele Se ai a 24h el) ELLIOT | ROAD VICINITY MAP (NTS) T1S. R2E BCFL BCHH TM CAUTION MER THE EASEMENT LOCATION AS HEREON NTS DELINEATED MAY CONTAIN HIGH SRP VOLTAGE ELECTRICAL EQUIPMENT. NOTICE IS HEREBY GIVEN THAT THE LOCATION OF UNDERGROUND ELECTRICAL CONDUCTORS OR FACILITIES MUST BE VERIFIED AS ASSESSOR'S PARCEL NUMBER BRASS CAP FLUSH BRASS CAP IN HAND HOLE LAST VISUAL INSPECTION MEASURED MARICOPA COUNTY RECORDER NOT TO SCALE SALT RIVER PROJECT REQUIRED BY ARIZONA REVISED STATUTES, SECTION 40-380.21, ET. SEQ., ARIZONA BLUE STAKE LAW. PRIOR TO ANY EXCAVATION. ALL ELECTRIC LINES SHOWN ARE MEASURED TO THE WINDOW OF THE EQUIPMENT PAD UNLESS OTHERWISE NOTED. LEGEND -—-—-— SECTION AND CENTERLINE PROPERTY LINE (ZZZ7777) EASEMENT AREA ——-— EXISTING EASEMENT AS NOTED SECTION CORNER AS NOTED BASIS OF BEARINGS: BASED ON THE MARICOPA COUNTY LOW DISTORTION PROJECTION COORDINATE SYSTEM. NOTES SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT THIS EXHIBIT IS INTENDED TO ACCOMPANY AN EASEMENT. ALL CSs2F5 SURVEY DIVISION AIP LAND DEPARTMENT PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION. AND NO ATTEMPT HAS BEEN MADE TO VERIFY THE LOCATION OF ANY SRP_LDWR NUMBER: NA SCALE: NTS 1.0. NUMBER: 13384960 SHEET: 2 OF 3 AGENT: MILES SHEET SIZE: 8.5°x11” DRAWN: RAUSER REVISION: 0 BOUNDARIES SHOWN. THIS IS NOT CHECKED BY:DICKEY CREW CHIEF: NA AN ARIZONA BOUNDARY SURVEY. DATE: 03-18-2022 JEP|FIELD DATE: NA HECTOR RESIDENCE NW 1/4, SECTION 12 Te Sse Ete 1.5 SOUTH - 11.1 EAST DocuSign Envelope ID: 5153B358-9A70-4BDA-A614-9A42FEDA00C8 EXHIBIT LINE TABLE LINE BEARING DISTANCE Li | N89°45'17"E 8.00’ L2__| s00°14' 43" 27.60' 8.00’ L4_| NOO?14'43"W 27.60' N89°45'17"E 180.00’ // Mf A Noo? 10'02“W- 33.00' 103.17’ 2021-0767736 MCR 180.00’ pop—/ FL! LAVA L2 68.83' ies 8’ SRP EASEMENT et te 2020-1111852 MCR + S00°10'02"E 33.00’ | 1751.28" A-+ WEST 1/4 CORNER SECTION 12 FOUND BCHH LVI: 06-05-2018 POC NORTH N89°45'04"E_ 2628.08’ (M) (BASIS OF BEARING) ONLEY AVENUE CENTER 1/4 CORNER SECTION 12 FOUND BCFL LVI: 07-18-2018 SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT SNBEN SURVEY DIVISION COLA LAND DEPARTMENT SRP_LDWR NUMBER: NA SCALE: NTS 1.0. NUMBER: 13384960 SHEET: 3 OF 3 AGENT: MILES SHEET SIZE: 8.5°x11” DRAWN: RAUSER REVISION: 0 CHECKED BY:DICKEY CREW CHIEF: NA DATE: 03-18-2022 JEP|FIELD DATE: NA HECTOR RESIDENCE NW 174, SECTION 12 T.1 S.sR.2 E. 1.5 SOUTH - 11.1 EAST