SRP_EASEMENT_-_MARICOPA_COUNTY_EV_ANIMAL_CARE_AND_CONTROL_-_FINAL.PDF
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WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB10W
P. O. Box 52025
Phoenix, Arizona 85072-2025
EXEMPT PURSUANT TO
A.R.S. §§ 11-1134(A)(2) and (A)(3)
Maricopa County
Agt. KB
Parcel # 139-49-020
LJ86127/LR82457/T3334818
SE ¼, SEC. 34, T01N, R05E
W: KB C ______
R/W #
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”).
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:
Lot 6, Baseline Commerce Center Amended, according to Book 254 of Maps, Page 37, records of
Maricopa County, Arizona, more particularly described in SPECIAL WARRANTY DEED
Instrument No. 2007-1274772, official records of Maricopa County, Arizona.
POWER DISTRIBUTION EASEMENT
JEP
DocuSign Envelope ID: 74C6BC4D-3824-4893-AD18-571E6490B48B
Easement Parcel:
Said easement being described as “EASEMENT AREA” delineated on Exhibit “A”
(MARICOPA COUNTY EV ANIMAL CARE, SRP Job No. T3334818), prepared by
Salt River Project A.I. & Power District, dated 05/11/2022, 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:
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. 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: 74C6BC4D-3824-4893-AD18-571E6490B48B
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: 74C6BC4D-3824-4893-AD18-571E6490B48B
IN WITNESS WHEREOF, MARICOPA COUNTY, a political subdivision of the State of Arizona,
has caused its name to be executed by its duly authorized representative(s), this ______ day of
_________________, ______.
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By ___________________________________________
Bill Gates
Date
Chairman of the Board of Supervisors
ATTEST:
______________________________________________
Clerk of the Board
Date
APPROVED AS TO FORM:
______________________________________________
Deputy County Attorney
Date
STATE OF ___________________ )
) ss
COUNTY OF _________________)
The foregoing instrument was acknowledged before me this ____ day of ___________________,
___________ by ______________________________ and ___________________________________,
as _____________________________ and ____________________________________, respectively, of
MARICOPA COUNTY, a political subdivision of the State of Arizona, on behalf of such political
subdivision.
__________________________________
Notary Public
My Commission Expires:
____________________
____________________
Notary Stamp/Seal
Legal Approved Form_04-20-2017_mcm
DocuSign Envelope ID: 74C6BC4D-3824-4893-AD18-571E6490B48B
6/2/2022
EXHIBIT “A”
SRP JOB NUMBER: T3334818 DATE: 05/11/2022
SRP JOB NAME: MARICOPA COUNTY EV ANIMAL CARE PAGE: 1 OF 5
TTRRSS: 1N5E34
AN EASEMENT WITHIN A PARCEL OF LAND AS DESCRIBED IN DOCUMENT 2007-1274772 MARICOPA
COUNTY RECORDER (MCR) LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1
NORTH, RANGE 5 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34, BEING A BRASS CAP IN HAND
HOLE, FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 34, BEING AN ALUMINUM CAP FLUSH,
BEARS NORTH 89 DEGREES 23 MINUTES 26 SECONDS EAST, A DISTANCE OF 2629.08 FEET (BASIS OF
BEARINGS);
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, NORTH 89
DEGREES 23 MINUTES 26 SECONDS EAST, A DISTANCE OF 962.46 FEET;
THENCE NORTH 00 DEGREES 36 MINUTES 13 SECONDS WEST, A DISTANCE OF 280.50 FEET;
THENCE SOUTH 89 DEGREES 43 MINUTES 44 SECONDS WEST, A DISTANCE OF 38.00 FEET TO THE
WESTERLY LIMITS OF AN 8’ PUBLIC UTILITY EASEMENT AS SHOWN ON BOOK 254 OF MAPS, PAGE 37
MCR AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 43 MINUTES 44 SECONDS WEST, A DISTANCE OF 114.99 FEET;
THENCE SOUTH 44 DEGREES 43 MINUTES 44 SECONDS WEST, A DISTANCE OF 14.76 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 8.28 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 4.91 FEET;
THENCE SOUTH 00 DEGREES 36 MINUTES 34 SECONDS EAST, A DISTANCE OF 37.80 FEET TO THE SOUTH
BOUNDARY OF SAID PARCEL;
THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL, SOUTH 89 DEGREES 23 MINUTES 26 SECONDS
WEST, A DISTANCE OF 8.00 FEET;
THENCE NORTH 00 DEGREES 36 MINUTES 34 SECONDS WEST, A DISTANCE OF 37.88 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 3.09 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 16.00 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 12.39 FEET;
THENCE NORTH 44 DEGREES 43 MINUTES 44 SECONDS EAST, A DISTANCE OF 15.13 FEET;
THENCE NORTH 89 DEGREES 43 MINUTES 44 SECONDS EAST, A DISTANCE OF 118.25 FEET TO SAID
PUBLIC UTILITY EASEMENT;
DocuSign Envelope ID: 74C6BC4D-3824-4893-AD18-571E6490B48B
EXHIBIT “A”
SRP JOB NUMBER: T3334818 DATE: 05/11/2022
SRP JOB NAME: MARICOPA COUNTY EV ANIMAL CARE PAGE: 2 OF 5
TTRRSS: 1N5E34
THENCE ALONG SAID PUBLIC UTILITY EASEMENT, SOUTH 00 DEGREES 36 MINUTES 13 SECONDS EAST, A
DISTANCE OF 8.00 FEET TO SAID POINT OF BEGINNING.
SAID EASEMENT CONTAINS AN AREA OF 1,597 SQUARE FEET OR 0.037 ACRES, MORE OR LESS.
END OF DESCRIPTION
05/15/2022
DocuSign Envelope ID: 74C6BC4D-3824-4893-AD18-571E6490B48B
LEGEND
EXHIBIT "A"
CAUTION
NOTES
SHEET SIZE: 8.5"x11"
LAND DEPARTMENT
SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
SALT RIVER PROJECT
SCALE: NTS
BASELINE ROAD
COORDINATE SYSTEM.
LOW DISTORTION PROJECTION
BASED ON THE MARICOPA COUNTY
BASIS OF BEARINGS:
ABBREVIATION TABLE
UNLESS OTHERWISE NOTED.
TO THE WINDOW OF THE EQUIPMENT PAD
ALL ELECTRIC LINES SHOWN ARE MEASURED
SITE
CHECKED BY: HOWARD
LAW, PRIOR TO ANY EXCAVATION.
SEQ., ARIZONA BLUE STAKE
STATUTES, SECTION 40-380.21, ET.
REQUIRED BY ARIZONA REVISED
FACILITIES MUST BE VERIFIED AS
ELECTRICAL CONDUCTORS OR
LOCATION OF UNDERGROUND
NOTICE IS HEREBY GIVEN THAT THE
VOLTAGE ELECTRICAL EQUIPMENT,
DELINEATED MAY CONTAIN HIGH
THE EASEMENT LOCATION AS HEREON
AN ARIZONA BOUNDARY SURVEY.
BOUNDARIES SHOWN. THIS IS NOT
VERIFY THE LOCATION OF ANY
NO ATTEMPT HAS BEEN MADE TO
FROM RECORD INFORMATION, AND
PARCELS SHOWN WERE PLOTTED
ACCOMPANY AN EASEMENT. ALL
THIS EXHIBIT IS INTENDED TO
DRAWN: RUSSO
SECTION CORNER AS NOTED
TIE LINE
EXISTING EASEMENT AS NOTED
EASEMENT AREA
PROPERTY LINE
SECTION AND CENTERLINE
DATE: 05/11/2022
FIELD DATE: 05/10/2022
CREW CHIEF: LACEY
REVISION: 0
SHEET: 3 OF 5
SRP LDWR NUMBER: N/A
I.O. NUMBER: T3334818
AGENT: BOCKMANN
0.06 NORTH - 27.6 EAST
T.1 N.,R.5 E.
SE 1/4, SECTION 34
MARICOPA COUNTY EV ANIMAL CARE
34
G&SRM
T1N, R5E
VICINITY MAP (NTS)
SOUTHERN AVENUE
MESA DRIVE
COUNTRY CLUB DRIVE
PUE PUBLIC UTILITY EASEMENT
NTS NOT TO SCALE
MCR MARICOPA COUNTY RECORDER
(M) MEASURED
LVI LAST VISUAL INSPECTION
BCHH BRASS CAP IN HAND HOLE
ACFL ALUMINUM CAP FLUSH
APN ASSESSOR'S PARCEL NUMBER
JEP
05/15/2022
DocuSign Envelope ID: 74C6BC4D-3824-4893-AD18-571E6490B48B
EXHIBIT "A"
NORTH
962.46'
1666.62'
N00°36'13"W
N89°23'26"E 2629.08'(M) (BASIS OF BEARING)
280.50'(TIE)
SHEET SIZE: 8.5"x11"
LAND DEPARTMENT
SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
SALT RIVER PROJECT
SCALE: NTS
CHECKED BY: HOWARD
DRAWN: RUSSO
DATE: 05/11/2022
FIELD DATE: 05/10/2022
CREW CHIEF: LACEY
REVISION: 0
SHEET: 4 OF 5
SRP LDWR NUMBER: N/A
I.O. NUMBER: T3334818
AGENT: BOCKMANN
0.06 NORTH - 27.6 EAST
T.1 N.,R.5 E.
SE 1/4, SECTION 34
MARICOPA COUNTY EV ANIMAL CARE
BASELINE ROAD
LEWIS
2007-1274772 MCR
APN 139-49-020
S89°43'44"W
38.00'(TIE)
DETAIL "A"
BOOK 254 OF MAPS, PAGE 37, MCR
8' PUE
LVI: 11/21/18
FOUND BCHH
SECTION 34
SOUTH QUARTER CORNER
POINT OF COMMENCEMENT
LVI: 11/21/18
FOUND ACFL
SECTION 34
SOUTHEAST CORNER
JEP
DocuSign Envelope ID: 74C6BC4D-3824-4893-AD18-571E6490B48B
NORTH
LAND DEPARTMENT
SURVEY DIVISION
0.06 NORTH - 27.6 EAST
T.1 N.,R.5 E.
SE 1/4, SECTION 34
MARICOPA COUNTY EV ANIMAL CARE
8.5"x11"
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
SALT RIVER PROJECT
FIELD DATE: 05/10/2022
SHEET SIZE:
SCALE: NTS
CHECKED BY: HOWARD
DRAWN: RUSSO
DATE: 05/11/2022
CREW CHIEF: LACEY
REVISION: 0
SHEET: 5 OF 5
SRP LDWR NUMBER: N/A
I.O. NUMBER: T3334818
AGENT: BOCKMANN
S89°43'44"W
38.00'(TIE)
BOOK 254 OF MAPS, PAGE 37, MCR
8' PUE
2007-1274772 MCR
APN 139-49-020
S00°36'13"E
8.00'
N90°00'00"W
3.09'
N00°36'34"W
37.88'
S00°36'34"E
37.80'
N90°00'00"W
4.91'
S89°23'26"W
8.00'
S89°43'44"W 114.99'
N89°43'44"E 118.25'
S44°43'44"W 14.76'
S00°00'00"E 8.28'
N90°00'00"E 12.39'
N44°43'44"E 15.13'
N00°00'00"E 16.00'
POINT OF BEGINNING
DETAIL "A"
JEP
DocuSign Envelope ID: 74C6BC4D-3824-4893-AD18-571E6490B48B