UTILITY EASEMENT WA587121 FINAL.PDF
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NW 8 1N 3E 33.446659/-112.081860 112-19-127 WA587121 RT/PB EXEMPT PER A.R.S. § 11-1134 A3 When recorded, mail to: Raymond Tyler Right of Way Representative P.O. Box 53933 Phoenix, AZ 85072 Mail Station 3286 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”): LOT 1, FINAL PLAT FOR “MARICOPA COUNTY DOWNTOWN JUSTICE CENTER” recorded in Book 774, page 43, records of Maricopa County, Arizona. 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 “A” 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; and permit the installation of the wires, fixtures, conduits, or cables of any other company, together with the right of full and free ingress and egress to and along the Easement Premises for the purposes herein specified. Page 1 of 7 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. 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, the pad is where the switching cabinet sits on and approx. more than a foot larger circumference than the actual cabinet in reference to clearance. and other equipment openings, and 3) 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 Premise s; nor shall Gra nto r 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, excavatio n, 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 or upon Grantor’s and Grantee’s mutual agreement. 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 IN WITNESS WHEREOF, MARICOPA COUNTY, a political subdivision of the State of Ariz ona , has caused this Utility Easement to be executed by its duly authorized representative, this _____ day of _____ , 2021. Maricopa County, a political subdivision of the State of Arizona. By: Jack Sellers Its: Chairman of the Board ____________________________ Signature Approved As to Form: ____________________________ Deputy County Attorney Date Approved As to Form: _____________________________ Clerk of the Board Date STATE OF __________________} } ss. County of ___________________} This instrument was acknowledged before me this __ day of _ , 2021 by ___ __________________________ of Maricopa County, a political subdivision of the State of Arizona. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Seal: _____ Notary Public Signature Page 3 of 7 EXHIBIT "A" JEFFERSON STREET JACKSON STREET LEGEND APS - 251957 602 W MADISON STREET PHOENIX, AZ 85003 Page 4 of 7 7TH AVENUE 5TH AVENUE EXHIBIT "A" APS - 251957 602 W MADISON STREET PHOENIX, AZ 85003 Page 5 of 7 LEGAL DESCRIPTION ARIZONA PUBLIC SERVICE APS – 251957 MARICOPA COUNTY Page 3 of 3 AN EASEMENT WITHIN A PORTION OF LOT 1 OF FINAL PLAT FOR MARICOPA COUNTY DOWNTOWN JUSTICE CENTER, AS RECORDED IN BOOK 774, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA, SITUATED WITHIN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 8, REFERENCE FROM FOUND “X” IN HANDHOLE BEARS SOUTH 00 DEGREES 25 MINUTES 49 SECONDS, A DISTANCE OF 15.00 FEET, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 8, A FOUND STONE IN HANDHOLE AT THE INTERSECTION OF VAN BUREN STREET AND 7TH AVENUE, BEARS NORTH 00 DEGREES 23 MINUTES 46 SECONDS EAST, A DISTANCE OF 2657.52 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 46 SECONDS EAST, ALONG THE WEST LINE OF SAID SECTION 8, A DISTANCE OF 932.65 FEET; THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 28 MINUTES 06 SECONDS EAST, A DISTANCE OF 187.99 FEETTO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 28 MINUTES 06 SECONDS EAST, A DISTANCE OF 41.53 FEET; THENCE SOUTH 29 DEGREES 28 MINUTES 52 SECONDS WEST, A DISTANCE OF 23.71 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 06 SECONDS WEST, A DISTANCE OF 9.37 FEET; THENCE SOUTH 00 DEGREES 31 MINUTES 54 SECONDS EAST, A DISTANCE OF 4.32 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 06 SECONDS WEST, A DISTANCE OF 7.08 FEET; THENCE SOUTH 00 DEGREES 31 MINUTES 54 SECONDS EAST, A DISTANCE OF 7.52 FEET; THENCE SOUTH 88 DEGREES 08 MINUTES 39 SECONDS EAST, A DISTANCE OF 4.42 FEET; THENCE SOUTH 01 DEGREE 51 MINUTES 21 SECONDS WEST, A DISTANCE OF 8.00 FEET; THENCE NORTH 88 DEGREES 08 MINUTES 39 SECONDS WEST, A DISTANCE OF 12.10 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 54 SECONDS WEST, A DISTANCE OF 15.19 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 06 SECONDS WEST, A DISTANCE OF 7.08 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 54 SECONDS WEST, A DISTANCE OF 4.33 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 06 SECONDS WEST, A DISTANCE OF 9.94 FEET; THENCE NORTH 29 DEGREES 22 MINUTES 40 SECONDS EAST, A DISTANCE OF 23.67 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 1,105 SQUARE FEET OR 0.025 ACRES, MORE OR LESS. Page 6 of 7 08/25/21 08/25/21 LEGAL DESCRIPTION ARIZONA PUBLIC SERVICE APS – 251957 MARICOPA COUNTY North: 890237.1489' East: 646959.9283' Segment #11 : Line Segment #1 : Line Course: N0° 31' 54"W Length: 4.32' Course: S29° 22' 40"W Length: 23.67' North: 890216.8138' East: 646980.4218' North: 890216.5228' East: 646948.3166' Segment #12 : Line Segment #2 : Line Course: N89° 28' 06"E Length: 9.37' Course: N89° 28' 06"E Length: 9.94' North: 890216.9008' East: 646989.7914' North: 890216.6150' East: 646958.2561' Segment #13 : Line Segment #3 : Line Course: N29° 28' 52"E Length: 23.71' Course: S0° 31' 54"E Length: 4.33' North: 890237.5408' East: 647001.4600' North: 890212.2852' East: 646958.2963' Segment #14 : Line Segment #4 : Line Course: S89° 28' 06"W Length: 41.53' Course: N89° 28' 06"E Length: 7.08' North: 890237.1554' East: 646959.9318' North: 890212.3509' East: 646965.3760' Segment #5 : Line Course: S0° 31' 54"E Length: 15.19' North: 890197.1616' East: 646965.5170' Segment #6 : Line Course: S88° 08' 39"E Length: 12.10' North: 890196.7697' East: 646977.6106' Segment #7 : Line Course: N1° 51' 21"E Length: 8.00' North: 890204.7655' East: 646977.8697' Segment #8 : Line Course: N88° 08' 39"W Length: 4.42' North: 890204.9087' East: 646973.4520' Segment #9 : Line Course: N0° 31' 54"W Length: 7.52' North: 890212.4283' East: 646973.3822' Segment #10 : Line Course: N89° 28' 06"E Length: 7.08' North: 890212.4940' East: 646980.4619' Perimeter: 178.26' Area: 1105 Sq. Ft. Error Closure: 0.0074 Course: N28° 34' 37"E Error North: 0.00647 East: 0.00353 Precision 1: 24089.19 Page 7 of 7