LIBERTY UTILITIES-ARTISAN COMMUNITIES FRANCHISE APPLICATION.PDF

Maricopa County — Formal (2021-10-06)

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BEFORE THE BOARD OF SUPERVISORS
OF
MARICOPA COUNTY, STATE OF ARIZONA
In the matter of the Application
of
)
APPLICATION FOR A
PUBLIC SERVICE
Liberty Utilities (Litchfield Park
)
FRANCHISE
Water & Sewer) Corp.
TO THE HONORABLE BOARD OF SUPERVISORS:
The undersigned, a citizen or citizens, and a resident of, or a company doing
business in Maricopa County, State of Arizona, hereby petitions your body for a Public
Service Franchise to construct, maintain and operate:
A domestic water distribution system, consisting of pipe lines, meters,
connections and all necessary equipment,
An irrigation water distribution system, consisting of pipe lines, ditches,
gates and all necessary equipment,
A sewage system, consisting of lines, connections, manholes and all
necessary equipment,
Other
— Cable TV, Gas, Telephone, etc. (Describe fully below)

To serve the residents of (legal description or vicinity of):
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY
OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
That portion of the Northeast quarter of Section 10, Township 2 North, Range 1
West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona,
described as follows:
BEGINNING at the Northeast corner of said Section 10;
THENCE North 89 degrees 11 minutes 30 seconds West along the North line of
Section 10 a distance of 1178.82 feet; THENCE South parallel to the midsection
line of said Section 10, a distance of 1150 feet;
THENCE South 89 degrees 10 minutes 45 seconds East 217.96 feet;
THENCE North 0 degrees
1 minutes 45 seconds East a distance of 441.93
feet;
THENCE South 89 degrees 10 minutes 45 seconds East a distance of 895.16
feet;
THENCE South 0 degrees 1 minutes 45 seconds West (Parallel to the East line
of said Section 10) a distance of 14.98 feet;
THENCE North 78 degrees 48 minutes 30 seconds East a distance of 66. 71
feet;
THENCE North 0 degrees
1 minutes 45 seconds East (along the East line of
said Section 10) a distance of 708 feet to the Northeast corner of said Section
10 and THE POINT OF BEGINNING;
EXCEPT the North 40 feet and the East 40 feet; and
EXCEPT a parcel conveyed by Deed recorded October 11, 1978 in Docket
13207, Page 918 and described as follows:

A portion of land lying in the Northeast quarter of the Northeast quarter of the
Northeast quarter of Section 10, Township 2 North, Range
1 West of the Gila
and Salt River Base and Meridian, more particularly described as follows:
COMMENCING at the Northeast corner of Section
10, Township 2 North,
Range 1 West, of the Gila and Salt River Base and Meridian;
THENCE South along the East section line and monument line of Dysart Road
a distance of 40.00 feet;
THENCE North 89 degrees 11 minutes 25 seconds West a distance of 40.00
feet to a point of intersection of the Southerly right-of-way of Glendale Avenue
and the Westerly right-of-way line of Dysart Road;
THENCE North 89 degrees 11 minutes 25 seconds West along said Southerly
right-of-way line a distance of 150.00 feet;
THENCE South a distance of 200.00 feet;
THENCE South 89 degrees 11 minutes 25 seconds East a distance of 150.00
feet to the Westerly right-of-way line of Dysart Road;
THENCE North along said right-of-way line a distance of 200.00 feet to the
TRUE POINT OF BEGINNING;
and
EXCEPT the following described property:
A portion of the Northeast quarter of Section 10, Township 2 North, Range
1
West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona,
more particularly described as follows:
BEGINNING at the Northeast corner of said Section 10;
THENCE North 89 degrees 1 0 minutes 45 seconds West along the North line
of Section 1 0 a distance of 190.00 feet;

THENCE South 0 degrees 00 minutes 23 seconds West and parallel to the last
line of said Section 10, a distance of 55.00 feet to the TRUE POINT OF
BEGINNING of the herein described parcel;
THENCE continuing South 0 degrees 00 minutes 23 seconds West and parallel
to the East line of said Section 10, a distance of 185.00 feet;
THENCE South 89 degrees 10 minutes 45 seconds East and parallel to the
North line of said Section 10, a distance of 135.00 feet;
THENCE South 0 degrees 00 minutes 23 seconds West parallel to and 55.00
feet West of the East line of said Section 10, a distance of 275.00 feet;
THENCE North 89 degrees
1 0 minutes 45 seconds West and parallel to the
North line of Section 10 a distance of 335.00 feet;
THENCE North 0 degrees 00 minutes 23 seconds East and parallel to the East
line of said Section 10, a distance of 460.00 feet;
THENCE South 89 degrees 10 minutes 45 seconds East parallel to and 55.00
feet South of the North line of said Section 10, a distance of 200.00 feet to the
TRUE POINT OF BEGINNING; and
EXCEPT a parcel of land conveyed in Warranty Deed recorded February 26,
201 0 in Recording No. 2010-0163819, described as follows:
Those portions of that certain property as described in MCR Recording No.
2007-0292894, lying within the South 1 0 feet of the North 65 feet and the West
15 feet of the East 70 feet of the Northeast quarter of the Northeast quarter of
Section 10, Township 2 North, Range 1 West, of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona.
Attachments include:
1)
Artisan Communities Legal Description.
2)
Artisan Communities CC&N Approval

I.
Your petitioner has made application to the Arizona Corporation Commission for a
Certificate of Public Convenience and Necessity to exercise the functions of a public utility
to service to furnish the service described above to persons living within the area
described above, subject to the laws of the State of Arizona.
If granted franchise, the
petitioner proposes to engage in and carry on in the business as described above and all
other things necessary for performing this service to the public in the area.
OR
Your petitioner holds a license issued, and is regulated, by the Federal Communications
Commission to furnish the service described above to persons living within the area
described above. The petitioner proposes to engage in and carry on in the business as
described above and all other things necessary for performing this service to the public in
the area.
II.
That your petitioner is financially able to undertake installation and performance of this
service within the area for which this franchise is requested.
III.
That by reason of the facts already stated herein, and because this service is not now
available to persons now living, or who may live, within the said area hereinbefore
described, and because of the further fact that services promptly supplied to waiting
customers and prospective applicants will do much to develop and improve the area

described, your petitioner respectfully petitions your Honorable Board of Supervisors to
grant this application for a right and franchise from the County of Maricopa, State of
Arizona.
Petitioner will construct, maintain and operate the aforementioned utility for a
period to be determined at the hearing on this application, or for a period of one (1) year
after the franchised area or a portion thereof is annexed by a municipality, whichever is
shorter, along upon, under and across public highways, roads, alleys, and thoroughfares
(excepting State highways) within that portion of Maricopa County hereinbefore described.
Also not within the confines of any incorporated city or town and under such restrictions
and limitations and under such terms as this Board may provide, not inconsistent with law
and order and the rules of the Arizona Corporation Commission and that this Board take
such proceedings herein as provided by the laws of the State of Arizona.
DATED at Phoenix, Arizona, this
day of\u€
, 2021.
lgnature of of cer o
orized representative
Name:
David Heighway
Address:
Liberty Utilities
14920 W.Camelback Ad,
Litchfield Park, AZ 85340