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ORDINANCE NO. O26-13
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE,
MARICOPA
COUNTY,
ARIZONA,
AUTHORIZING
THE
EXECUTION
OF
A
UTILITY
EASEMENT IN FAVOR OF ARIZONA PUBLIC SERVICE
COMPANY
(APS)
AT
THE
GLENDALE
MUNICIPAL
AIRPORT AND DIRECTING THE CITY CLERK TO RECORD
A CERTIFIED COPY OF THIS ORDINANCE.
WHEREAS, the City of Glendale (City) owns the Glendale Municipal Airport; and
WHEREAS, Arizona Public Service Company (APS) is requesting a Utility Easement at
the Glendale Municipal Airport; and
WHEREAS, APS is adding a transformer to supply electricity to a storage hanger and is
requesting an easement as legally described in Exhibit A; and
WHEREAS, the City is willing to provide APS with the Utility Easement, as attached
hereto as Attachment 1, to protect its facilities.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That the City Council hereby approves granting the Utility Easement to
APS and authorizes and directs the City Manager to execute said easement, attached hereto as
Attachment 1, on behalf of the City.
SECTION 2. That the City Clerk is instructed and authorized to forward a certified copy
of this Ordinance and Utility Easement for recording to the Maricopa County Recorder’s Office.
SECTION 3. That the provisions of this ordinance shall become effective thirty (30) days
after passage of this ordinance by the Glendale City Council.
(Signatures on following page)
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale,
Maricopa County, Arizona, this 24th day of February, 2026.
Mayor Jerry P. Weiers
ATTEST:
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City Attorney
REVIEWED BY:
Patrick S. Banger, City Manager
Page 1 of 4
NE 7 2N 1E
33.531376, -112.294257
APN 102-59-001W
CCW-25-245
WA850563
SER BDP
UTILITY EASEMENT
THE CITY OF GLENDALE, an Arizona municipal corporation, (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 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; install, operate and maintain telecommunication wires, cables, conduits,
fixtures and facilities incidental to supplying electricity or for Grantee's own use (said electrical and
telecommunication lines, facilities and fixtures collectively herein called "Grantee Facilities"); utilize the
Easement Premises for all other purposes connected therewith. Grantee Facilities shall consist of
underground electric lines and appurtenant facilities. In no event may any overhead electric lines and
associated overhead equipment be installed unless installed temporarily in an emergency to restore
power.
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.
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.
Page 1 of 9
Page 2 of 4
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.
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 the right to use the Easement Premises for purposes 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, taxiway, apron or roadway purposes and constructing
improvements within the Easement Premises such as paving, sidewalks, landscaping, 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, 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.
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.
The easement granted herein shall not be deemed abandoned except upon Grantee’s execution
and recording of a formal instrument abandoning the easement. Grantee shall not have the right to
transfer, convey or assign its interests in this easement to any 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 prior written consent of Grantor.
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 provisions of this Utility Easement 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 Premises.
Page 2 of 9
Page 3 of 4
IN WITNESS WHEREOF, THE CITY OF GLENDALE, an Arizona municipal corporation, has
caused this Utility Easement to be executed by its duly authorized representative, this _____ day of
_______________, 202__.
____________________________________
Patrick 6Banger
City Manager
ATTEST:
_____________________________
Julie K. Bower, City Clerk (Seal)
APPROVED AS TO FORM:
______________________________
Michael D. Bailey, City Attorney
STATE OF ARIZONA
)
) ss.
County of Maricopa
)
This instrument was acknowledged before me this_____ day of __________, 202_ by Patrick6 Banger,
City Manager for the City of Glendale, who acknowledged that he executed this instrument for the
purposes contained therein.
______________________________________
Notary Public
My commission expires: __________________
Page 3 of 9
Page 4 of 4
EXHIBIT “A”
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
A PARCEL OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #1983-0522847,
OFFICIAL RECORDS OF THE COUNTY RECORDER, MARICOPA COUNTY, ARIZONA.
Page 4 of 9
EXHIBIT "B"
Page 5 of 9
Page 6 of 9
N31°51'48"E 998.83'
N01°00'03"E 743.76'
L1
S26°13'56"W 2667.45'
S87°39'23"W 1870.34'
L2
N26°13'56"E 1755.60'
L4
L3
L5
L6
L7
L8
S01°30'16"W 890.84'
1151.28'
L9
1488.70'
S89°16'04"E 2639.98'
APN 102-59-001X
SHEET OF
DRAWN BY:
SURVEY:
R/W:
SCALE:
DATE:
1/4 SEC T R
JOB #
INDEX:
EXHIBIT "B"
WA850563
8/28/2025
NE
7
2N
1E
1" = 500'
CCW-25-245
S. REVORD
O. FLORES
N. STEELS
3
5
SEE DETAIL "A"
ON SHEET 4
N1/4 CORNER
SECTION 7
POINT OF
COMMENCEMENT
NE CORNER
SECTION 7
APN 102-59-241C
APN 102-59-001U
APN 102-59-008Y
APN 102-59-241D
APN 102-60-019F
R/W
APN
MCR
MONUMENT LINE
PROPERTY LINE
TIE LINE
PROPERTY CORNER
MONUMENT
MARICOPA COUNTY RECORDS
ASSESSORS PARCEL NUMBER
RIGHT OF WAY
EASEMENT AREA
LEGEND
APN 102-59-001Z
CITY OF GLENDALE
DOC. NO. 1983-0522847, MCR
APN 102-59-001W
GLENDALE AVENUE
Page 7 of 9
505.55'
1250.05'
L10
L20
L21
L22
N23°15'11"E 103.85'
L23
L24
L11
L12
L13
S25°44'46"W 68.93'
S64°14'30"E 271.41'
N64°14'30"W 269.57'
L19
L14
L15
L16
S63°45'05"E 83.05'
L17
N63°45'05"W 95.58'
L18
SHEET OF
DRAWN BY:
SURVEY:
R/W:
SCALE:
DATE:
1/4 SEC T R
JOB #
INDEX:
EXHIBIT "B"
WA850563
8/28/2025
NE
7
2N
1E
1" = 40'
CCW-25-245
S. REVORD
O. FLORES
N. STEELS
4
5
DETAIL "A"
S26°13'56"W 1755.60'
APN 102-59-241C
APN
MCR
PROPERTY LINE
TIE LINE
PROPERTY CORNER
MARICOPA COUNTY RECORDS
ASSESSORS PARCEL NUMBER
EASEMENT AREA
LEGEND
CITY OF GLENDALE
DOC. NO. 1983-0522847, MCR
APN 102-59-001W
POINT OF
BEGINNING
Page 8 of 9
LINE TABLE
NO.
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
BEARING
S01°30'16"W
S63°46'04"E
N00°43'56"E
S89°16'04"E
S00°43'56"W
S63°46'04"E
N26°13'56"E
S89°16'04"E
S00°43'56"W
N90°00'00"E
S65°10'56"E
S24°49'04"W
LENGTH
33.00'
292.58'
341.36'
300.00'
341.36'
539.21'
635.40'
428.02'
33.00'
198.10'
12.33'
13.67'
LINE TABLE
NO.
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
BEARING
S20°38'31"E
S25°45'30"W
S64°14'30"E
S25°45'30"W
S25°45'30"W
N25°45'30"E
S23°15'11"W
S64°48'09"E
S25°11'51"W
N64°48'09"W
N65°10'56"W
N24°49'04"E
LENGTH
13.37'
19.11'
4.01'
4.17'
8.00'
23.17'
14.85'
11.93'
15.33'
19.42'
3.92'
26.17'
SHEET OF
DRAWN BY:
SURVEY:
R/W:
SCALE:
DATE:
1/4 SEC T R
JOB #
INDEX:
EXHIBIT "B"
WA850563
8/28/2025
NE
7
2N
1E
NONE
CCW-25-245
S. REVORD
O. FLORES
N. STEELS
5
5
Page 9 of 9