WA521412 UTILITY EASEMENT COMPLETE REV 2.PDF
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SE 14 1N 2E 33.422966, -112.118658 APN 105-17-971 CCC-20-68 WA521412 BDP, RLM UTILITY EASEMENT MARICOPA COUNTY, a political subdivision 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 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 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 7 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 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. 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. Page 2 of 7 Page 3 of 7 IN WITNESS WHEREOF, MARICOPA COUNTY, a political subdivision of the State of Arizona, has caused this Utility Easement to be executed by its duly authorized representative, this _____ day of _______________, 2020. MARICOPA COUNTY, a political subdivision of the State of Arizona By: Clint Hickman Chairman of the Board of Supervisors ATTEST: ___________________________________________ Clerk of the Board Date APPROVED AS TO FORM: ___________________________________________ Deputy County Attorney STATE OF ________________ } } ss. County of _________________ } This instrument was acknowledged before me this ____ day of ___________________, 2020 by _____________________________ of MARICOPA COUNTY. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Seal: _____________________________________ Notary Public Signature EXHIBIT “A” LEGAL DESCRIPTION OF GRANTOR’S PROPERTY AS RECORDED IN INSTRUMENT NUMBER 19880399844 M.C.R. That portion of land situated in the County of Maricopa. State of Arizona, described as follows: The Southeast quarter of Section Fourteen (14) , Township One (1) North, Range Two (2) East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT the South 60.00 feet; and also EXCEPT from said South 60.00 feet the East 33.00 feet; and also EXCEPT that portion of said Southeast quarter being that certain parcel of land described in a Grant Deed to Maricopa County, recorded March 23, 1978, in Docket 12789 page 1161, as follows: BEGINNING at the Northwest corner of said Southeast quarter; thence South 89 degrees 41 minutes 45 seconds East along the North line of said Southeast quarter 1000.00 feet; thence South 00 degrees 20 minutes 12 seconds East (South 00 degrees 08 minutes 10 seconds East recorded) , parallel with the West line of said Southeast quarter 157.69 feet (1568.68 feet Recorded) to a line that is parallel with and distant 20.00 feet Northwesterly, measured at right angles, from the Northerly boundary of the land (34,00 feet wide) of the Atchison, Topeka and Santa Fe Railroad Company as described in Deed recorded in Docket 3389, pages 437 to 439, Deed Records of said County thence South 59 degrees 44 minutes 11 seconds West (South 59 degrees 45 minutes 16 seconds West recorded along last said parallel line 1153.78 feet (1155.94 feet recorded) to said West line; thence North 0 degrees 20 minutes 12 seconds West (North 0 degrees 08 minutes 10 seconds West recorded) , along said West line 2158.49 (2156.34 feet recorded) to the Point of Beginning; and also EXCEPT that portion of said Southeast quarter, described as follows: BEGINNING at the East quarter of said Section 14 which is marked by a brass cap in a hand hole; thence along the North line of said Southeast quarter, North 89 degrees 41 minutes 45 seconds 1664. 02 feet to a point South 89 degrees 41 minutes 45 seconds East 1000.00 feet from the Northwest corner of said Southeast quarter and being on the East boundary line of that certain parcel of land described in a Grant Deed to Maricopa County, recorded March 23, 1978 in Docket 12789, page 1161; said point being the True Point of Beginning; thence along said East boundary line and its Southerly projection, South 00 degrees 20 minutes 12 seconds East (South 00 degrees 08 minutes 10 seconds East Recorded) 1674.88 feet; thence parallel to the North line of said Southeast quarter, South 89 degrees 41 minutes 45 seconds East 650.04 feet; thence parallel to the West line of said Southeast quarter, North 00 degrees 20 minutes 12 seconds West 1674.88 feet to the north line of said Southeast quarter; thence along said line North 89 degrees 41 minutes 45 seconds West, 650.04 feet to the True Point of Beginning. EXCEPT that portion of land conveyed to City of Phoenix in instrument 20190068935, recorded in the office of Maricopa County, Arizona. Page 4 of 7 SHEET 1 OF 3 EXHIBIT “B” ARIZONA PUBLIC SERVICE JOB #WA521412 A Utility Easement situated within the Southeast quarter of Section 14, Township 1 North, Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the Southeast corner of said Section 14, from which the South quarter corner of said Section 14 bears North 89 degrees 35 minutes 54 seconds West, a distance of 2612.74 feet; THENCE North 89 degrees 35 minutes 54 seconds West, along the South line of the Southeast quarter of said Section 14, a distance of 40.00 feet; THENCE departing the South line of the Southeast quarter of said Section 14 North 00 degrees 04 minutes 48 seconds East, a distance of 60.00 feet to the Southeast corner of that parcel of land conveyed in Document #2019-0068935 records of Maricopa County; THENCE North 89 degrees 35 minutes 54 seconds West, a distance of 40.00 feet to the most southerly Southeast corner of that parcel of land described in Exhibit “A”, attached hereto and made a part hereof; THENCE North 89 degrees 35 minutes 54 seconds West, along the Northerly 60-foot right-of- way line of Lower Buckeye Road, a distance of 301.61 feet to the POINT OF BEGINNING the easement area herein described; THENCE continuing North 89 degrees 35 minutes 54 seconds West, along the Northerly 60-foot right-of-way line of Lower Buckeye Road, a distance of 8.56 feet; THENCE departing the Northerly 60-foot right-of-way line of Lower Buckeye Road North 20 degrees 27 minutes 03 seconds West, a distance of 155.11 feet; THENCE North 90 degrees 00 minutes 00 seconds West, a distance of 8.82 feet; THENCE North 00 degrees 00 minutes 00 seconds East, a distance of 18.25 feet; THENCE North 90 degrees 00 minutes 00 seconds East, a distance of 15.33 feet; THENCE South 00 degrees 00 minutes 00 seconds East, a distance of 12.83 feet; THENCE South 20 degrees 27 minutes 03 seconds East, a distance of 160.96 feet to the POINT OF BEGINNING. Page 5 of 7 N89°35'54"W 660.05' N00°04'48"E 696.36' S89°38'33"E 413.98' L4 301.61' 349.88' L6 L7 L8 L9 L10 L11 L12 N89°35'54"W 2612.74' S00°05'01"W 2626.74' L2 L1 C1 S00°05'01"W 577.48' L3 L5 MARICOPA COUNTY APN 105-17-971 S 1/4 COR SEC 14 T.1N., R.2E. E 1/4 SEC 14 T.1N., R.2E. LOWER BUCKEYE ROAD EASEMENT AREA LEGEND PROPERTY LINE PROPERTY CORNER MARICOPA COUNTY RECORDER MCR SECTION CORNER DRAWN BY: SURVEY: R/W: SCALE: DATE: 1/4 SEC T R JOB # INDEX: EXHIBIT "B" WA521412 6/3/2020 SE 14 1N 2E 1"= 150' CCC-20-68 PARR FLORES J SCOTT SE COR SEC 14 T.1N., R.2E. 27TH AVENUE 60' R/W 20' APN 105-17-003X APN 105-17-003V APN 105-17-006A DOC #2006-1027022 WAS USED AS REFERENCE TO CREATE THIS DOCUMENT, SO AS TO SHOW THE LOT CONFIGURATION AS SHOWN BY THE MARICOPA COUNTY ASSESSOR PARCEL VIEWER AT THE TIME THIS DOCUMENT WAS PREPARED 33' R/W 50' R/W DOC #2019-0068935 SHEET 2 OF 3 Page 6 of 7 CURVE TABLE NO. LENGTH RADIUS DELTA TANGENT CHORD CHORD-BEARING LINE TABLE NO. BEARING LENGTH LINE TABLE NO. BEARING LENGTH DRAWN BY: SURVEY: R/W: SCALE: DATE: 1/4 SEC T R JOB # INDEX: EXHIBIT "B" WA521412 6/3/2020 SE 14 1N 2E NA CCC-20-68 PARR FLORES J SCOTT SHEET 3 OF 3 Page 7 of 7