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AGREEMENT
THIS AGREEMENT (“Agreement”) is made between the City of Chandler (“City”) and the Salt
River Project Agricultural Improvement and Power District (“SRP”) (City and SRP are
individually “Party” or collectively “Parties”) with an Effective Date of June 24, 2021.
RECITALS
A.
City is a duly formed municipal corporation of the State of Arizona.
B.
SRP is an agricultural improvement district, a political subdivision of the State of
Arizona. SRP provides electric service to a distribution service area in central Arizona,
which includes areas within City.
C.
On March 23, 2021, Intel announced a $20 billion expansion to its Ocotillo campus in the
Price Road Corridor. Intel’s planned expansion includes two new fabrication facilities
that are expected to create more than 3,000 high-tech, high-wage jobs, 3,000 construction
jobs, and 15,000 local long-term jobs. Intel’s announced expansion is reported to be the
largest single capital investment in Arizona history.
D.
SRP will need to add facilities to its 230kV transmission system by the third quarter of
2023 to serve the energy requirements of the Intel expansion. City and SRP agree that
the successful development of the Intel expansion and the required new transmission
facilities will be beneficial to City residents as well as for current and future economic
development in Chandler.
E.
SRP will seek a Certificate of Environmental Compatibility (“CEC”) to construct the
needed high voltage transmission lines in South Chandler, near the Intel Ocotillo
Campus. Exhibit 1, attached hereto, and incorporated herein by this reference, shows the
general location of the existing SRP Schrader and Henshaw substations. SRP will seek a
CEC to construct a double circuit 230kV line from the existing Henshaw substation to a
new substation, currently referred to as RS28, which will be located generally east of the
Old Price Road alignment on the Intel Ocotillo Campus near the intersection of Dobson
Road and Chaparral Way, as generally depicted in Exhibit 2 (referenced herein as the
“north/south portion”). SRP also plans to include in the CEC Application (hereinafter
defined) a double circuit 230kV line from the existing Schrader substation to the new
RS28 substation (referenced herein as the “east/west portion”) as generally depicted in
Exhibit 3.
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F.
The transmission lines to be constructed from the Henshaw substation to the RS28
substation and from the Schrader substation to the RS28 substation are collectively
referred to as the “Project”.
G.
City and SRP wish to minimize the impact of the Project on Chandler residents and
businesses and to minimize the potential negative impacts of the Project.
H.
City has proposed to SRP an alternative route for the east/west portion of the Project to
avoid adding new overhead lines in established residential communities and has proposed
terms and conditions through which City may reasonably contribute to reduce the cost
and burden associated with undergrounding portions of the transmission lines.
I.
SRP will conduct a public process to determine possible routing options for the double
circuit 230kV lines. Through the process, SRP will develop alternative alignments for
the overhead segments of the east/west portion of the Project in such a way as to
minimize impacts on existing residential neighborhoods.
J.
SRP’s standard for 230 kV transmission lines such as those proposed in this Project is by
overhead installation. City as well as residents and businesses in Chandler are likely
opposed to overhead installation for a portion of the Project. Accordingly, City has
requested, and SRP is willing, to negotiate an agreement to reduce the impacts of the
Project by undergrounding certain portions of the Project.
K.
Under some circumstances, SRP will underground facilities where other parties pay the
difference in cost between the overhead installation and the underground installation of
230 kV lines. Under this policy and to minimize the potential negative impacts to City’s
residents and businesses, City is willing to pay the reasonable difference between an
underground installation and the cost of an overhead installation for the Project segment
located from the Schrader to RS28 substations, as depicted in Exhibit 3. City is willing to
pay the difference through a combination of: (i) City’s grant of perpetual easements for
the Project; (ii) relocation of existing City-owned utilities; and (iii) City Aesthetic
Program funds.
L.
After examining various alternatives, City and SRP believe that the best route to
minimize potential negative impacts to nearby residences and businesses for the Project
segment between Schrader and RS28 substations, which incorporates an underground
segment, is a route that generally follows the railroad tracks east of Arizona Avenue from
the Schrader substation to Chandler Heights Boulevard, then west to Alma School Road,
then north to Lake Drive, then southwest on Chaparral Way to Dobson Road before
entering the Intel Campus, combining underground and overhead segments. This
alignment is generally depicted in Exhibit 3.
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M.
SRP and City recognize the significant uncertainty about future requirements for
additional electric transmission in South Chandler as industrial growth continues. For the
convenience of residents and to avoid additional disruption in residential areas, the
Project segments located on Lake Drive and Chaparral Way will include construction of a
second duct bank to accommodate future growth. SRP and City will work cooperatively
to address future transmission requirements in the area, including the potential
completion of the second circuit and duct bank along the Schrader-RS28 alignment
identified in Exhibit 3. The cost of future transmission infrastructure is not subject to nor
part of this Agreement.
N.
SRP will configure the overhead segments of the Project for up to two circuits, at its cost,
to enable future growth in the area.
O.
SRP will file an application with the Arizona Corporation Commission (the
“Commission”) to seek a CEC for the double circuit 230kV lines and the RS28 substation
(collectively the “CEC Application”). SRP intends to file the CEC Application on or
about September 27, 2021.
AGREEMENT
NOW THEREFORE, City and SRP agree that the preceding recitals are accurate and
incorporated herein by this reference and further agree:
1.0
Permitting and Construction of the Project.
1. As set forth in this Agreement, SRP will seek permits for and will construct, if
permitted, the Project in the alignments depicted in Exhibits 2 and 3. SRP will obtain
all necessary permits and approvals for the Project including, but not limited to, a
CEC through the Arizona Power Plant and Transmission Line Siting Committee (the
“Committee”) and the Commission.
2. Consistent with this Agreement, City will support SRP’s efforts to permit and
construct the Project as depicted in Exhibits 2 and 3, and will actively oppose
conditions inconsistent with the terms of this Agreement, including with respect to
interactions with the community, and by intervening and actively supporting SRP’s
efforts before the Committee and the Commission and other permitting authorities.
3. SRP will construct the east/west portion of the Project in the alignment depicted in
Exhibit 3 including undergrounding from approximately the railroad tracks east of
Arizona Avenue, west on Chandler Heights Boulevard to Alma School Road, north
on Alma School Road to Lake Drive, west on Lake Drive to Chaparral Way, west on
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Chaparral Way to Dobson Road, and on Dobson Road to the Intel Campus contingent
upon field verification by SRP of underground utilities as depicted on City plans
presented to SRP. In connection with the construction:
a. SRP will work cooperatively with City to identify the exact easement for the
overhead and underground portions of the 230 kV line prior to the completion of
engineering design of the 230 kV lines. SRP will locate the underground portion
of the Schrader-RS28 segment of the Project in the Chandler Heights, Alma
School, Lake Drive, Chaparral Way and Dobson rights-of-way. SRP will work
cooperatively with City to identify pole locations on the railroad segments to
minimize, as may be practicable, the proximity of the poles to existing residences
subject to approval by the Committee and the Commission.
b. SRP will obtain all easements at its expense that are not part of City right-of-way,
except as otherwise provided in Section 2.0.
c. To the extent reasonably feasible and unless alternative agreements are reached
during construction, the portions of the Project not directly related to the
construction of electric facilities will be designed and reviewed to meet City
requirements for Capital Improvement Projects. City agrees that City will review
SRP’s civil plans for design and right-of-way permits within 14 business days
after final and full submittal by SRP. SRP agrees to address City’s comments to
ensure compliance with City’s regulations and standards. The plans submitted by
SRP will include detailed traffic plans, construction processes, and plans to ensure
that emergency vehicles can access properties along the construction route
including:
i.
Access to all adjacent land uses, including businesses and offices, along the
corridor must be always maintained. If the land use has two or more
driveways, solely one driveway may be restricted or closed at a time; if a land
use solely has one driveway, solely one-half of the driveway may be closed
during business hours.
ii.
Any driveway closures will be limited to closure periods that do not exceed 72
hours, Monday thru Sunday inclusive.
iii.
Any restricted access to a driveway due to construction activity within 200
feet of the driveway must have a flagger provided by the contractor to assist
traffic using the driveway during construction work hours. Any work within
300 feet of a signalized intersection must have a uniformed police officer
present during construction work hours.
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iv.
Any open and unprotected trench area must be limited to the active work area
by the contractor. An active work area is defined as the area where the
contractor is working or is scheduled to work during a given workday.
v.
Any open trench that is not in an active work area must be protected with
either steel plates or temporary chain link fence segments over the trench.
vi.
Except during active construction, any open trench without steel plates within
6 feet of traffic on a public street must have either concrete Jersey barriers or
water filled Jersey barriers between the open trench and the traffic. These
Jersey barriers must be connected to the adjacent barriers as recommended by
the barricade company.
vii.
SRP will coordinate its trenching and schedule the undergrounding of the
230kV lines adjacent to the Chandler Traditional Academy on Lake Drive to
minimize, to the extent reasonably possible, disruption to school operations.
viii.
SRP will construct the underground portion of the Project using open trench
methods except in locations where it is technically infeasible. SRP will bore
under Arizona Avenue for the location of the two duct banks crossing Arizona
Avenue.
ix.
SRP will, after a duct bank is completed and trench is backfilled with cement
slurry, perform a T-top pavement replacement followed by an arterial slurry-
seal over the entire half-width of the affected roadway. Where trenching
affects both directions of travel, SRP will slurry-seal each half-width of
roadway a minimum of 200 feet beyond the extent of trenching. City agrees
to allow pavement cuts for the Project in pavement that was installed less than
two years prior and will waive its right to collect pavement restoration fees for
such cuts as permitted under Chandler City Code Sections 46-2.7(C) and (D).
x.
Except as provided in this subparagraph, City agrees to exempt SRP from
seasonal lane closure restrictions to enable timely construction of the
underground duct bank. Seasonal lane closure restrictions will continue to
apply to active arterial street and roadway intersections.
4. The underground portion of the Project described in paragraph 3 consists of a single
duct bank containing eight (8) 8-inch, two (2) 3-inch, and two (2) 2-inch conduits
encased in thermal concrete backfill. SRP will install a 2-cable-per-phase 230 kV
conductor system with associated communication and sensing cables in the duct bank.
On Lake Drive and Chaparral Way, SRP will construct a second duct bank of the
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same configuration. The cables for the second duct bank will not be installed at this
time.
5. As part of this Agreement and the Project, SRP must not place any pole,
infrastructure, or other obstruction that in any way compromises, interferes with, or
damages the visibility or aesthetics of the City of Chandler monument and
landscaping located near Queen Creek Road and Old Price Road.
2.0
Financial Participation of Chandler
1. Consideration for Project. As consideration for the Project and the undergrounding of
230kV transmission lines for part of the Project, City will provide the following
consideration as further described in this Agreement: (i) City’s grant of certain
permanent easements for the Project; (ii) City’s relocation of existing City-owned
utilities; and (iii) City’s payment by use of certain SRP Municipal Aesthetic Program
Funds allocated to City.
2. Easements.
a. Permanent Easements. After completion of the joint technical study and
assessment as provided in subparagraph 2.2(d) and permitting of the Project, and
on or before the date SRP issues its notice to proceed to its contractor for the
construction of the Project, City will grant certain permanent easements to SRP
for: (i) the underground portion of the Project located in City right-of-way as
depicted in Exhibit 3 (the “Underground Easement”); (ii) the overhead portion of
the Project located in City right-of-way as depicted in Exhibit 4 (“Right-of-Way
Overhead Easement”); and (iii) the overhead portion of the Project located near
City-owned real property where City’s Water Reclamation Facilities (hereinafter
defined) are located (“Water Reclamation Facilities Overhead Easement”)
(Underground Easement, Right of Way Overhead Easement, and Water
Reclamation Facilities Overhead Easement are collectively “Permanent
Easements”). City and SRP agree City’s grant of the Permanent Easements
constitutes additional consideration for the Project and SRP’s undergrounding of a
portion of the Project and agree that the fair market value of the Permanent
Easements is Four Million Five Hundred Thousand Dollars ($4,500,000). The
documents granting the Permanent Easements will be essentially in the forms
attached as Exhibit 5 (Underground Easement), Exhibit 6 (Right of Way
Overhead Easement), and Exhibit 7 (Water Reclamation Facilities Overhead
Easement) respectively.
Page 7
b. Underground Easement. The Underground Easement will be 35 feet wide from
approximately the railroad tracks east of Arizona Avenue, west on Chandler
Heights Boulevard to Alma School Road, north on Alma School Road to Lake
Drive, west on Lake Drive to Chaparral Way, west on Chaparral Way to Dobson
Road, and on Dobson Road to the Intel Campus.
c. Right of Way Overhead Easement. The Right of Way Overhead Easement will be
80 feet wide and will be located in City right-of-way for most of the Project. The
Right-of-Way Overhead Easement does not apply to the portions of the Project
located underground or to an overhead easement described in subparagraph
2.2(d)(i) below located near, on, or that abuts City’s Ocotillo Water Reclamation
Facility and the Ocotillo Brine Reduction Facility (collectively “Water
Reclamation Facilities”).
d. Water Reclamation Facilities Overhead Easement. At, near, or abutting City’s
Water Reclamation Facilities, the Water Reclamation Facilities Overhead
Easement will follow one of two alternative alignments: (i) east of and generally
parallel to Old Price Road across City-owned real property where City’s Water
Reclamation Facilities are located (“East Alignment”); or (ii) at the western edge
of Old Price Road (“West Alignment”). Both East and West Alignments may
overlap the roadway. The Parties will work cooperatively to select the permanent
easement alignment for the portion of the Project abutting the Water Reclamation
Facilities after the Parties’ reasonable review and consideration of a joint
technical study prepared by the Parties at SRP’s sole cost.
i. If the Parties select the East Alignment for the Water Reclamation
Facilities Overhead Easement as provided in this subparagraph, SRP will
relocate at its sole cost all Water Reclamation Facilities infrastructure and
utilities necessary to complete the Project. The Parties will also work
cooperatively and agree to a form of overhead easement: (i) the main
purpose of which is an “aerial” easement and which includes “islands” to
permit poles and other related infrastructure to be physically located on
the ground; (ii) that minimizes the size and extent of any easement to limit
SRP’s intrusion into and conflicting use of City’s Water Reclamation
Facilities; (iii) that permits City the full and beneficial use of the easement
where City’s use does not unreasonably interfere or conflict with SRP’s
transmission lines; and (iv) this overhead easement (80 feet wide in total)
extends 50 feet west over Old Price Road right-of-way and a maximum of
30 feet east over the City-owned parcel for the Water Reclamation
Facilities. These easement limits are measured from the eastern right-of-
way boundary for Old Price Road. City will grant the Water Reclamation
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Facilities Overhead Easement in a form substantially similar to Exhibit 7
attached.
ii. If the Parties select the West Alignment, City will grant SRP a Right-of-
Way Overhead Easement in Old Price Road and a 30-foot wide (as
measured from the eastern right-of-way boundary for Old Price Road)
temporary construction easement in the form attached as Exhibit 9 on the
east side of Old Price Road for the duration of the Project. City and SRP
will work cooperatively to amend the form of easement attached to reflect
the temporary need.
3. Aesthetics Funds and Utility Relocations
a. Upon execution of this Agreement, City will contribute through commitment of
its SRP Municipal Aesthetics Program allocated funds, a total not-to-exceed
amount of Nineteen Million Five Hundred Thousand Dollars ($19,500,000) as
follows:
i.
Seven Million Two Hundred Fifty Thousand Dollars ($7,250,000) from
currently available aesthetics funds.
ii.
A not-to-exceed amount of Twelve Million Two Hundred Fifty Thousand
Dollars $12,250,00) in Aesthetics Advanced Funding from City’s future
aesthetics allocations. City’s future annual allocations will be applied as
payment towards the advanced funding amount until the advanced funding
balance is repaid in full. Based on City’s average annual Aesthetics Program
allocations, the Parties anticipate that City will be able to repay the Aesthetics
Advanced Funding balance within six (6) years of the Effective Date.
b. City's Nineteen Million Five Hundred Thousand Dollars ($19,500,000) of
Aesthetics Funds will be applied as follows:
i.
City will fund the cost difference between overhead and underground
construction of the transmission lines (without consideration of the cost for
moving utilities as discussed in subparagraph 2(b)(ii) below) through City’s
SRP Municipal Aesthetics Program allocated funds. SRP and City agree that
such cost difference (net of the fair market value of the permanent easements)
is Twelve Million Five Hundred Thousand Dollars ($12,500,000).
ii.
For the portion of the Project to be undergrounded on Chandler Heights, Alma
School, Lake Drive, Chaparral Way and Dobson roads within the dedicated
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easement area, as depicted in Exhibit 3, City will, at City’s expense, relocate
or abandon existing City-owned underground utilities as may be necessary to
provide to SRP an easement of approximately 35 feet in width, which is clear
of City-owned underground utilities and obstructions. Where no feasible
alternative exists, utility lines will be permitted to cross over SRP’s 230kV
lines in City right-of-way. City may apply City’s committed Aesthetics
Program Funds allocation in an amount not-to-exceed Seven Million Dollars
($7,000,000) to reimburse City for City’s underground utility relocation costs
associated with the Project. City and SRP mutually agree to locate
underground utilities in City right-of-way to minimize the need to relocate
private facilities and obstructions. City will not be responsible to relocate
utilities not owned by City. All City-owned underground utilities and
obstructions will be cleared or abandoned in place no later than twelve (12)
months following final approval of the Project CEC. City is responsible for
City’s underground utility relocation costs greater than Seven Million Dollars
($7,000,000.00).
c. Reimbursement for underground utility relocations cost applies solely to like-for-
like relocations and excludes any form of betterment to City’s utilities.
d. SRP will issue a purchase order to City in the amount of Seven Million Dollars
($7,000,000) for future payment of City underground utility relocation costs.
Upon accumulation of City’s underground utility relocation costs up to the
amount described in subparagraph 2(b)(ii) above, City will submit a single
invoice to SRP for reimbursement. The invoice will include sufficient auditable
documentation of City’s costs to demonstrate the costs incurred are those
necessary to relocate City's underground utilities in support of this Project.
Documentation will include contractor and vendor invoices and payment(s) made
by City to such contractors and vendors. Vendor and contractor invoices will
reference scope documents sufficient to demonstrate the costs are associated with
City underground utility relocation costs. City proof of payment is required for
consideration of reimbursement from City’s Aesthetics Funds.
e. To make the Seven Million Two Hundred Fifty Thousand Dollars ($7,250,000) in
Aesthetic Funds available for the Project, City agrees City will not seek Aesthetic
Funds for current (as of July 1, 2021) or future projects that are eligible for
Aesthetic Funds until the Advanced Funding balance is repaid in full.
f. SRP will not require City to utilize City’s Aesthetics Funds to repay the Seven
Hundred Two Thousand One Hundred Sixty Dollars and Seventy-Eight Cents
($702,160.78) in previously incurred SRP design costs associated with the
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remaining canceled 12kV distribution projects that resulted from the Price Road
Corridor agreement as listed in Exhibit 8.
3.0
Henshaw to RS28 230kV Lines
SRP agrees that the double circuit 230kv line from the Henshaw substation to the Intel
property will be located on the Old Price Road alignment, subject to approval by the
Commission, if there are no obstructions that prevent standard overhead construction
techniques from being utilized at the time the line is to be built and the right of way is
available at a cost comparable to other installation alternatives. City agrees to support the
Old Price Road route with all community stakeholders and landowners along the route.
4.0
Agreement Term
This Agreement begins on the Effective Date and will have a term that ends on
completion of Project construction and payment by Chandler as set forth in this
Agreement.
5.0
Additional Provisions
1. With this Project, SRP is making a one-time exception to its Municipal Aesthetics
Fund policies to fund 230kV undergrounding costs and utility relocation costs
incurred by City. SRP makes this exception recognizing underground 230kV
installations have limited flexibility to avoid existing utilities. SRP and City recognize
the unique technical constraints applicable to this Project. The waiver of policies by
either party under this Agreement and Project solely applies to this Agreement and
Project and does not constitute a waiver of or change to either party's ongoing
policies.
2. This Agreement and the exception to SRP’s Municipal Aesthetics Fund policies are
subject to approval by its Board of Directors. This Agreement is subject to the
approval the Chandler City Council and conditioned on the approval of the Project
CEC by the Commission.
3. Notices under this Agreement may be sent by email, US Mail, or hand delivery to:
If to City:
City of Chandler, Attn: City Manager
Post Office Box 4008, MS 605
Chandler, AZ 85244-4008
Email: josh.wright@chandleraz.gov
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With a copy to:
Chandler City Attorney Office
Attn.: Chandler City Attorney
Post Office Box 4008, MS 602
Chandler, AZ 85244-4008
Email: legal.notices@chandleraz.gov
If to SRP:
Salt River Project Agricultural Improvement and Power District
Attn: Senior Director Power Delivery
1500 North Mill Avenue
P.O. Box 52025
Phoenix, Arizona 85072
Email: Chris.janick@srpnet.com
With a copy to:
Salt River Project Agricultural Improvement and Power District
Attn: Chief Legal Executive
1500 North Mill Avenue
P.O. Box 52025
Phoenix, Arizona 85072
Email: Michael.o’connor@srpnet.com
4. If any provision of this Agreement is declared void or unenforceable, such provision
will be deemed severed from this Agreement and this Agreement will otherwise
remain in full force and effect. Notwithstanding the foregoing sentence, however,
this Agreement will retroactively be deemed reformed to the extent reasonably
possible in such a manner so that the reformed Agreement provides essentially the
same rights and benefits (economic and otherwise) to City and SRP as if such
severance and reformation were not required. City and SRP further agree, in such
circumstances, to do all acts and to execute all amendments, instruments, and
consents necessary to accomplish and to give effect to the purposes of this
Agreement, as reformed. If the Agreement cannot be retroactively reformed in such a
way that it provides essentially the same rights and benefits to City and SRP then
either City or SRP may terminate the Agreement without further rights or liabilities to
the other than those that expressly survive termination.
5. In the event it becomes necessary for either City or SRP to employ legal counsel or to
bring an action at law or other proceedings for the other party’s material breach of the
terms, covenants, or conditions of this Agreement, the non-prevailing party will pay
the prevailing party's reasonable expenses, including, but not limited to, expert
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witness fees, court costs, litigation and appeal expenses, and reasonable attorney fees
incurred because of the material breach.
6. This Agreement and all exhibits thereto constitute the entire agreement between City
and SRP regarding its subject matter. All prior and contemporaneous agreements,
representations, and understandings of City and SRP, oral or written, are hereby
superseded and merged herein. In the event of a conflict between the text of this
Agreement and the attached or incorporated Exhibits, the text of this Agreement will
control. A conflict among the incorporated Exhibits will be resolved by the more
specific Exhibit over the more general Exhibit unless the context explicitly requires
otherwise.
Exhibit 1 – Schrader and Henshaw Substation Existing Location
Exhibit 2 – 230 kV transmission line alignment Henshaw to RS28 (north/south
portion)
Exhibit 3 – 230 kV transmission line alignment Schrader to RS28 (east/west portion)
Exhibit 4 – Depiction of Particular Permanent Easement
Exhibit 5 – Permanent Underground Easement form
Exhibit 6 – Permanent Right-of-Way Overhead Easement form
Exhibit 7 – Permanent Water Reclamation Facilities Overhead Easement form
Exhibit 8 -- Remaining Canceled 12kV Distribution Projects from the Price Road
Corridor Agreement.
Exhibit 9 – Temporary Construction Easement form (if necessary, to construct West
Alignment)
7. The descriptive headings of the paragraphs of this Agreement are inserted for
convenience only and shall not control or affect the meaning or construction of any of
the provisions hereof.
8. Arizona Revised Statutes sec. 38-511 applies to this Agreement.
Signed with an Effective Date of June 24, 2021.
Salt River Project Agricultural Improvement
and Power District
____________________________________
By _________________
Its _________________
Exhibit 1
Schrader and Henshaw Substation Existing Location
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^_
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§¨¦
10
Hunt Hwy
Dobson Rd
Chandler Heights Rd
Queen Creek Rd
Germann Rd
Ocotillo Rd
Alma School Rd
Riggs Rd
U
V
587
U
V
87
U
V
202
Gila River
Indian Community
Gila River
Memorial Airport
Chandler
Municipal
Airport
PINAL COUNTY
Arizona Ave
McQueen Rd
MARICOPA COUNTY
Riggs Rd
Price Rd
Queen Creek Rd
Dobson Rd
Alma School Rd
Arizona Ave
McQueen Rd
U
V
87
Old Price Rd
HENSHAW
SUBSTATION
SCHRADER
SUBSTATION
RS-28
Cooper Rd
CHANDLER
Legend
Author: sjw
Date: 6.11.21
Map Extent: Maricopa & Pinal County, AZ
HIGH-TECH
INTERCONNECTION PROJECT (HIP)
Exhibit 1 Schrader and Henshaw
Substation Existing Location
°
State Plane Coordinate System
NAD 83, Arizona Central
Linear Unit: Foot US
0
0.25
0.5
0.75
1
Miles
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Existing 69kV
Existing 230kV
Existing Substation
^_
RS-28 Site
Underground Route
Node (Origin or Terminus)
County Boundary
Interstate or State Highway
Railroad
Jurisdictional Land Ownership
Gila River Indian Community
Canal
Overhead Route Options
Overhead Alternative Route
Option
Exhibit 2
230 kV transmission line alignment Henshaw to RS28 (north/south portion)
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§¨¦
10
Chandler Heights Rd
Queen Creek Rd
Germann Rd
Ocotillo Rd
Gila River
Indian Community
Gila River
Memorial Airport
Price Rd
Queen Creek Rd
Dobson Rd
Alma School Rd
Old Price Rd
HENSHAW
SUBSTATION
RS-28
CHANDLER
Alma School Rd
Legend
Author: sjw
Date: 6.11.21
Map Extent: Maricopa & Pinal County, AZ
HIGH-TECH
INTERCONNECTION PROJECT (HIP)
Exhibit 2 230 kV Transmission Line
Alignment Henshaw to RS-28
(North/South Portion)
°
State Plane Coordinate System
NAD 83, Arizona Central
Linear Unit: Foot US
0
0.25
0.5
0.75
Miles
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Existing 69kV
Existing Substation
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RS-28 Site
Node (Origin or Terminus)
Interstate
Jurisdictional Land Ownership
Gila River Indian Community
Henshaw to RS-28 Overhead
Route
Exhibit 3
230 kV transmission line alignment Schrader to RS28 (east/west portion)
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Dobson Rd
Chandler Heights Rd
Queen Creek Rd
Ocotillo Rd
Riggs Rd
U
V
87
Gila River
Indian
Community
Gila River
Memorial Airport
Arizona Ave
McQueen Rd
Riggs Rd
Price Rd
Dobson Rd
Alma School Rd
Arizona Ave
McQueen Rd
Old Price Rd
SCHRADER
SUBSTATION
RS-28
Alma School Rd
Queen Creek Rd
CHANDLER
Legend
Author: sjw
Date: 6.11.21
Map Extent: Maricopa & Pinal County, AZ
HIGH-TECH
INTERCONNECTION PROJECT (HIP)
Exhibit 3 230 kV Transmission Line
Alignment Schrader to RS-28
(East/West Portion)
°
State Plane Coordinate System
NAD 83, Arizona Central
Linear Unit: Foot US
0
0.25
0.5
0.75
Miles
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Existing 69kV
Existing 230kV
Existing Substation
^_
RS-28 Site
Underground Route
Node (Origin or Terminus)
State Highway
Railroad
Jurisdictional Land Ownership
Gila River Indian Community
Canal
Schrader to RS-28 Overhead
Route
Overhead Alternative Route
Option
Exhibit 4
Depiction of Particular Permanent Easement
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Queen Creek Rd
Gila River
Indian Community
°
State Plane Coordinate System
NAD 83, Arizona Central
Linear Unit: Foot US
0
100
200
300
400
500
Feet
Gila River Indian Community
Legend
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Existing 69kV
Proposed 230kV - Approximate Alignment
Option 1
Easement locations are approximations intended to show the
general alignment relative to Old Price Rd. Actual alignment
will vary based on technical study.
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New Permanent 80-Ft Overhead 230kV Easement
(on east side of Old Price Road)
Author: sjw
Date: 6.12.21
Map Extent: Maricopa County, AZ
HIGH-TECH
INTERCONNECTION PROJECT (HIP)
Exhibit 4A Water Treatment Facility
Easement Option 1
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Queen Creek Rd
Gila River
Indian Community
Author: sjw
Date: 6.12.21
Map Extent: Maricopa County , AZ
HIGH-TECH
INTERCONNECTION PROJECT (HIP)
Exhibit 4B Water Treatment Facility
Easement Option 2
°
State Plane Coordinate Sy stem
NAD 83, Arizona Central
Linear U nit: Foot U S
0
100
200
300
400
500
Feet
Gila River Indian Communi
ty
Proposed 230k V – Replaces Exi
sti
ng 69k V
Alig nment
Option 2
Easement locations are approximati
ons i
ntended to show the
g eneral alig nment relative to Old Pri
ce Rd. Actual ali
g nment
w ill vary based on techni
cal study .
Temporary 30-Ft Overhead 69k V Easement
(on east side of Old Pri
ce Road)
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New Permanent 80-Ft Overhead 230k V Easement
(on w est side of Old Pri
ce Road)
Legend
Exhibit 5
Permanent Underground Easement Form
WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB400
P. O. Box 52025
Phoenix, Arizona 85072-2025
AFFIDAVIT EXEMPT PURSUANT TO
A.R.S. §§ 11-1134(A)(2) and (A)(3)
UNDERGROUND POWER EASEMENT
(XXXXXXXXXXXX)
Maricopa County
Agt: WMJ
Section 6, T2S, R5E
Job:
XXXXXXXXXX
City of Chandler,
an Arizona municipal corporation,
hereinafter called “Grantor”, for and in consideration of the sum of One Dollar, and other valuable
consideration, receipt 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 agents, employees,
contractors, co-owners, participants, and permittees, an easement in, upon, over, under, across, through
and along the lands hereinafter described (such lands hereinafter described being sometimes referred to
herein as the “Easement Parcel” defined below), to construct, install, reconstruct, replace, remove, repair,
operate and maintain underground conduits, conductors, pipes, cables, wires, fiber optic, concrete
encasement, vaults, pads, switching equipment, enclosures, manholes and transformers and all other
appliances, appurtenances and fixtures for the transmission and distribution of electricity,
communication signals and data, and for all other purposes connected therewith (collectively
“Facilities”) at such locations and elevations, in, upon, over, under, across and along the Easement
Parcel, as Grantee may now or hereafter deem convenient or necessary from time to time, together with
the right of ingress and egress to, from, across and along the Easement Parcel.
The lands in, upon, over, under, across, through and along which this easement is granted are
situated in the County of Maricopa, State of Arizona, and are more particularly described as:
Easement Parcel:
See 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.
Grantor and Grantee agree that this Underground Power Easement shall be governed by the
following terms and conditions:
1.
Grantor shall maintain a Grantee approval area that consists of the portion of the subsurface
of the Easement Parcel beginning at the bottom limit of the aggregate base course (ABC) for the road
pavement, not to exceed twenty inches (20") below ground level, and ending at two feet (2') below the
lowest point of the Facilities (the “Grantee Approval Area”). Grantor shall not, whether directly or
indirectly through the granting of permission, install improvements or perform any other construction
activities within the Grantee Approval Area without Grantee’s prior written consent, which will not be
unreasonably withheld, conditioned or delayed. Without limiting Grantee’s consent rights hereunder, it
shall be deemed reasonable for Grantee to withhold such consent if the proposed improvements or
construction activities (A) are within the two-foot area located above or below of the Facilities, (B) are not
installed perpendicular to the Facilities, or (C) are installed within sixty feet of the splice vaults. Grantor
shall provide, or require applicant to provide, Grantee with the following minimum information to allow
Grantee to review any proposed utility crossings within the Grantee Approval Area: (T) type of utility, (U)
size and planned minimum depth of the proposed utility, (V) pipe and conduit material, (W) whether the
proposed utility is a heat generating facility, (X) pressure of the proposed utility, (Y) the construction
methodology, and (Z) location of crossing. Notwithstanding the foregoing, Grantor may perform, or
authorize other public utilities to perform soft digging within the Grantee Approval Area for the purpose of
locating the Facilities, provided that a representative of Grantee is on-site for such soft digging.
2.
Consistent with Grantee’s approval rights set forth in the previous paragraph, Grantee
hereby approves the existing utilities listed on Exhibit B (attached hereto and made a part hereof), as
described and depicted in those certain City of Chandler XXXXX Road Utility Relocation Plans, City
Project No. XX-XXXXXX, Wilson Engineers Project No. XXXXXX, dated XXXXX 20XX (“Relocation
Plans”).
3.
Grantor acknowledges that Grantee intends to install the same type of Facilities approved
through City of Chandler Encroachment Permit No. XXXXXX, issued on XXXXX X, 20xx, SRP Job No.
XXXX ( ) within the Easement Area (the “Installation Work”). Based on Grantor’s knowledge of
the Installation Work and the location of the Easement Parcel, Grantor has determined that the Installation
Work will have minimal impact on the adjacent drainage area. Grantor, therefore, agrees that no drainage
report or mitigation work will be required for Grantor’s approval of and issuance of any permits for the
Installation Work.
4.
Except as expressly set forth herein, Grantor shall not construct, install or place, or permit
to be constructed, installed or placed any building or other structure, plant any additional trees, drill any
well, store materials of any kind, or alter ground level by cut or fill, to a depth not to exceed eight inches
above or below existing grade, within the area of the Easement Parcel. Any landscape restoration associated
with the Installation Work shall not include any trees or any other improvements which violate the
provisions of this paragraph.
5.
Subject to the provisions set forth herein, Grantor reserves the right to use and occupy the
Easement Parcel for any purpose consistent with the rights and privileges herein granted and which will not
interfere with or endanger any of the Facilities or the use thereof. Grantor and Grantee acknowledge that
the Facilities shall be installed within Grantor’s existing right-of-way and, in some instances, at the option
and discretion of Grantee, may cross over other existing utilities, including but not limited to existing utilities
of Grantor located within the Grantee Approval Area, as described and depicted in the Relocation Plans, or
as otherwise approved by Grantee in accordance with the requirements of paragraph 1 of this instrument
(“Authorized Utilities”). Notwithstanding Grantee’s rights within the Grantee Approval Area, Grantor may
perform, or may authorize a public utility to perform, construction and maintenance activities on the
Authorized Utilities within the Grantee Approval Area, provided that all such construction or maintenance
activities comply with all the requirements set forth in this paragraph. The following requirements shall
apply to construction and maintenance activities within the Grantee Approval Area: (a) no construction or
maintenance activities shall be performed within (i) the five-foot area horizontally adjacent to, (ii) the two-
foot area above, (iii) the two-foot area below, or (iv) the area between the concrete encasements in which
the duct banks are located, (b) any thermal backfill disturbed by construction or maintenance activities shall
be replaced with Grantee approved thermal rated backfill, and (c) Grantor shall provide prior notification
to, and coordination with Grantee before undertaking or authorizing, as applicable, any construction or
maintenance activities within the Grantee Approval Area. Prior to authorizing any third party to conduct
work within the Grantee Approval Area, Grantor shall obtain such party’s agreement to comply with the
above requirements. Grantor further agrees that Grantor shall not (y) install, or authorize the installation of,
any utilities within the Easement Area parallel to the Facilities, or (z) perform or authorize construction or
maintenance activities within the Easement Area that adversely impact the Facilities or Grantee’s access
thereto.
6.
Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush
or other vegetation on the Easement Parcel whenever in its judgment the same shall be necessary for the
convenient and safe exercise of the rights herein granted.
7.
Any and all Grantee construction activities within the XXXXX Road or XXXXX Road
rights-of-way will comply with City of Chandler ordinances, rules and regulations pertaining to the conduct
of construction activities within City right-of-way, to the extent applicable. After the construction and
installation of the Facilities within the Easement Parcel, the City of Chandler will issue a blanket annual
City Authorization for all Grantee maintenance activities within the Easement Parcel. If there is a conflict
between this Underground Power Easement (including, without limitation, the right to access the Facilities)
and any permit or other City Authorization issued after construction with respect to the Facilities or the
Easement Parcel, the terms and provisions of this Underground Power Easement will control, provided,
however, that Grantee shall not allow other parties to use the Easement Parcel for the installation of
additional Facilities for such other parties’ use, whether jointly or separately from Grantee, unless such other
parties comply with applicable City ordinances and permit and/or licensing requirements. “City
Authorization” means any instrument, whether denominated as a permit, a license, or otherwise, by which
the City authorizes a person or entity to use the City right-of-way.
8.
Grantee will be responsible (at Grantee’s sole cost and expense) for maintaining and
repairing the Facilities in a good, safe, clean, and commercially reasonable condition and in accordance with
all applicable laws. Grantee agrees not to unreasonably disturb Grantor’s use of the Easement Parcel during
any such maintenance or repairs. In connection with any work performed by or on behalf of Grantee under
this Easement, Grantee agrees (at Grantee’s sole cost and expense) (i) to repair or replace any damaged
Grantor improvements located within the Easement Parcel, including, without limitation, pavement,
sidewalks, and landscaping (softscape and hardscape) in a commercially reasonable manner, and (ii) to
perform all such work free and clear of any mechanics’ or materialmen’s liens.
9.
The easement and other rights granted to Grantee hereunder, shall be perpetual, and shall
not terminate until, and unless abandoned through the recordation of a document executed and
acknowledged by Grantee specifically terminating this instrument. 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 termination. To induce Grantee to accept this instrument
and the easement granted herein for the installation of the Facilities, Grantor warrants that this instrument
creates a permanent easement for the construction, installation, reconstruction, replacement, removal, repair,
operation, and maintenance of the Facilities. If Grantor requires Grantee to relocate or modify the Facilities,
Grantor will (i) pay and/or reimburse Grantee any and all costs incurred for such relocation or modification
and (ii) provide a reasonable new location for the Facilities, and easement rights therefor, that meets the
standards set forth in this instrument. Notwithstanding anything in this instrument, or laws, statutes,
ordinances, rules, or regulations to the contrary, the City of Chandler, or any successor in interest, including
without limitation any subsequent “Grantor” under this instrument, shall allow Grantee to abandon the
Facilities in place within the Easement Parcel, and not require their removal. Grantor acknowledges that
the Facilities are being located within public right-of-way at the request of Grantor, and that Grantee
materially relied on the provisions of this paragraph in agreeing to Grantor’s request. Grantee acknowledges
that Grantor relocated its facilities to pass underneath Grantee’s Facilities at the request and direction of
Grantee.
10.
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. Grantee shall have the right to assign the Easement, in whole
or in part, to one or more assignees and, upon the assignment, any such assignee hereby assumes the rights
and obligations of the Grantee hereunder with respect to the portion of the Easement assigned.
11.
The provisions of this Underground Power Easement are not intended to and do not
constitute a grant, dedication, or conveyance for public use of the Easement Parcel. The rights herein created
are private and for the benefit only of Grantor and Grantee and their successors and assigns.
12.
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.
13.
When this Easement will be used by Grantee in place of an existing overhead easement
located in Grantor’s right-of-way and which is used for the transmission and distribution of electricity
(“Existing Overhead Easement”), Grantee will convey to Grantor simultaneously with the grant of this
Easement Grantee’s interests and rights in the Existing Overhead Easement as additional consideration for
this Easement. In addition, except for any Facilities Grantor may permit to be abandoned in place, Grantee
agrees to remove any Facilities in the Existing Overhead Easement at Grantee’s sole cost.
[Signatures appear on following page]
Final Exhibit 5 Underground Power Easement Dated 6-23-2021 230 PM
IN WITNESS WHEREOF, the City of Chandler, an Arizona municipal corporation has
caused this instrument to be executed by its duly authorized representative(s), this ____ day of
_______________, 2021.
City of Chandler
an Arizona municipal corporation
ATTEST:
___________________________________
By_________________________________
Clerk
Kevin Hartke, Mayor
APPROVED AS TO FORM:
___________________________________
City Attorney
STATE OF ARIZONA
)
) ss
County of Maricopa
)
The foregoing instrument was acknowledged before me this ______ day of ______________, 2019,
by Kevin Hartke, Mayor of the City of Chandler, an Arizona municipal corporation, on behalf of such
corporation.
______________________________________
Notary Public
My commission expires:
___________________
Signature page to Agreement and Grant of Underground Power Easement, City of Chandler to SRP.
EXHIBIT A
Legal Description of Easement Parcel
[consisting of ____ pages]
EXHIBIT B
Existing Utilities with the Grantee Approval Area
1.
2.
3.
4.
5.
6.
Exhibit 6
Permanent Right-of-Way Overhead Easement Form
WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB350
PO Box 52025
Phoenix, Arizona 85072-2025
AFFIDAVIT EXEMPT PURSUANT TO
A.R.S. §§ 11-1134(A)(2) and (A)(3)
HIGH VOLTAGE EASEMENT (Chandler Right of Way Overhead Easement)
Maricopa County
R/W #:
Agt: WMJ
Parcel # Price Road R/W
Job # xxxx Corridor
NW4 Sec. 6, T2S, R5E
W_________ C __________
City of Chandler,
an Arizona municipal corporation,
hereinafter called Grantor, for and in consideration of the sum of Ten Dollars and other valuable
consideration, the receipt and sufficiency of which are 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, hereinafter called Grantee, and Grantee’s employees, contractors, co-owners, participants,
licensees, invitees, successors and assignees, a non-exclusive easement to construct, install,
reconstruct, replace, remove, repair, operate and maintain: a line or lines of poles, towers, or other
supporting structures; conductors, cables, wires, communication and signal lines; guys, anchorage,
crossarms, braces, transformers, vaults, manholes, and pad-mounted equipment; underground
conduits, conductors, pipes, cables, wires; fiber optic, microwave, and antennae for communication
or data transmission purposes; and 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 in the future
deem convenient or necessary from time to time, together with the right of vehicular and pedestrian
access to, from, over, across, and along the Easement Parcel, including at any intersection of the
Easement Parcel and a public road or right of way (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 depicted and described as:
Grantor’s Property:
SEE
EXHIBIT
“A”,
attached
hereto,
and
incorporated herein with this reference.
2
Easement Parcel:
The vertical space (air space) above Grantor’s
Property beginning at an elevation of fifteen (15) feet
(“Aerial Easement”) and the ground area located
within the full easement width on Grantor’s Property
(“Ground Easement”), and which are in Grantor’s
right-of-way for a total width of eighty (80) feet
(collectively the “Easement Parcel”)
CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical
equipment. Notice is given that the location of underground electrical conductors and other
facilities must be verified as required by the Arizona Blue Stake Law, A.R.S. Sections 40-360.21-
32, prior to any excavation. Notice is also given that any activity performed within the
Easement Parcel shall comply with the Arizona Overhead Powerline Safety Law, A.R.S.
Sections 40-360.41-45.
The Easement is governed by the following terms and conditions:
1.
Use by Grantor or Third Parties. Grantor reserves the right to use and occupy the Easement
Parcel for any purposes which will not interfere with the rights and privileges granted to Grantee
hereunder or endanger the Facilities, in compliance with the requirements and obligations set forth in
this instrument. Such right to use and occupy the Easement Parcel includes the right to dedicate any
portion of the Easement Parcel for perpendicular crossing(s) of public rights-of-way, subject to
Grantor’s compliance with the requirements of this instrument. Grantee shall not allow other parties
to use the Easement Parcel for the installation of additional Facilities for such other parties’ use,
whether jointly or separately from Grantee, unless such other parties comply with applicable City
ordinances and permit and/or licensing requirements.
2.
Use Approval Procedures. Grantor may, with the prior written consent, which may be granted
or denied through the exercise of Grantee’s reasonable discretion, use (or permit third party use of)
the Easement Parcel for specific purposes, provided that it shall be deemed reasonable for Grantee to
deny or condition such use to (i) prevent or minimize any actual or potential conflict with the Facilities
or access thereto, or (ii) comply with all other terms and conditions of this instrument. Prior to the
commencement of any construction or development activity on, or any other use of the Easement
Parcel, Grantor or Grantor’s permittee or licensee, as applicable, shall provide Grantee with plans
describing the proposed use. Such plans shall include without limitation all construction and other
development plans showing all proposed improvements to be located within, and activities to be
conducted on the Easement Parcel, or any proposed alterations thereto. Any Grantee consent to the
use of the Easement Parcel shall be documented in writing and is hereby subject to all such uses
complying with Grantee’s clearance, access, and construction standards, as well as National Electrical
Safety Code (NESC), Arizona law, Federal law (including OSHA), and all other applicable rules,
codes or regulations.
3.
Development Standards. Unless agreed to in writing in each instance, the entirety of the
Easement Parcel shall be drivable by Grantee’s line maintenance vehicles. Any and all below-ground
3
facilities located within the Easement Parcel shall be designed to meet Grantee’s then current
minimum loading standards. As of the recordation date, such below-ground facilities must be
designed to withstand a minimum loading of 320 pounds per square inch (PSI) applied to the ground
surface under a crane outrigger pad measuring 27 inches in diameter. Notwithstanding anything
herein to the contrary, under no circumstances may any use of the Easement Parcel (by Grantor or
any third party) interfere with Grantee’s right and ability to construct, access, maintain and use the
Facilities, or endanger any of the Facilities or the use thereof.
4.
Prohibited Activities. Without limiting Grantee’s approval rights under paragraph 2 above:
(i) Grantor shall not construct, install or place, or permit to be constructed, installed or placed, any
building or other structure, plant any trees, drill any well, store materials of any kind, alter the ground
level, or allow the installation of utilities or private or public roadways within the Easement Parcel,
or its associated airspace; and (ii) no plants may be installed within the Easement Parcel unless such
plants are on Grantee’s list of plants approved for use within easements. Notwithstanding the
provisions of this paragraph 4, Grantor may obtain prior written approval from Grantee, in accordance
with the requirements of paragraph 2, to grade within the limits of the Easement Parcel.
5.
Fences. Grantee, at its expense, may construct, modify, and maintain access openings and
gates at such locations and of such dimensions as determined by Grantee in consultation with
Grantor,, in all existing fences and walls across or within the Easement Parcel. If Grantor constructs
fences or walls across the Easement Parcel, Grantor shall, at its expense, provide Grantee with
openings at locations and of such dimensions as determined by Grantee in consultation with Grantor.
Grantor, at its expense, may install gates across such openings and, if such gates are locked, shall
install a multiple locking device, accessible by both Grantor and Grantee. Nothing set forth in this
paragraph 5 restricts or otherwise modifies Grantee’s approval rights under paragraph 2, and Grantor
shall obtain prior written approval for any proposed fences and walls within the Easement Parcel.
6.
Vegetation. 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, whenever in its
judgment the same shall be necessary for Grantee’s use, operation or maintenance of, or access to the
Facilities, or for safety or system reliability reasons.
7.
Relocation of Grantee’s Facilities. If Grantor requires Grantee to relocate or modify the
Facilities, Grantor will (i) pay and/or reimburse Grantee any and all costs incurred for such relocation
or modification and (ii) provide a reasonable new location for the Facilities, and easement rights
therefor, that meets the standards set forth in this instrument
8.
Perpetual Nature of Easement. This 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.
9.
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. Grantee shall have the
right to assign the Easement, in whole or in part, to one or more assignees and, upon the assignment,
4
any such assignee hereby assumes the rights and obligations of the Grantee hereunder with respect to
the portion of the Easement assigned.
10.
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.
11.
Additional Consideration for Easement. When this Easement will be used by Grantee in place
of an existing overhead easement located in Grantor’s right-of-way and which is used for the
transmission and distribution of electricity (“Existing Overhead Easement”), Grantee will convey to
Grantor simultaneously with the grant of this Easement Grantee’s interests and rights in the Existing
Overhead Easement as additional consideration for this Easement. In addition, except for any
Facilities Grantor may permit to be abandoned in place, Grantee agrees to remove any Facilities in
the Existing Overhead Easement at Grantee’s sole cost.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY.
Final Exhibit 6 High Voltage Right-of-Way Overhead Easement Dated 6-23-2021 2PM
5
IN WITNESS WHEREOF, the City of Chandler, an Arizona municipal corporation has
caused this instrument to be executed by its duly authorized representative(s), this ____ day of
_______________, 2019.
City of Chandler
an Arizona municipal corporation
Attest:
______________________________
By_________________________________
City Clerk
Kevin Hartke, Mayor
Approved as to form:
______________________________
City Attorney
STATE OF ARIZONA
)
) ss
County of Maricopa
)
The foregoing instrument was acknowledged before me this ______ day of ______________,
2019, by Kevin Hartke, Mayor of the City of Chandler, an Arizona municipal corporation, on behalf
of such corporation.
_________________________________
Notary Public
My commission expires:
___________________
Note: This instrument is exempt from the real estate transfer fee and affidavit of legal
value required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set
forth in A.R.S. Sections 11-1134(A)(2) and (A)(3).
Legal Approved Form_10-22-2014_mcm
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
Exhibit 7
Permanent Water Reclamation Facilities Overhead Easement Form
WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB350
PO Box 52025
Phoenix, Arizona 85072-2025
AFFIDAVIT EXEMPT PURSUANT TO
A.R.S. §§ 11-1134(A)(2) and (A)(3)
HIGH VOLTAGE EASEMENT (City of Chandler Water Reclamation Facilities)
Maricopa County
R/W #:
Agt:
Parcel #
Job #
[SE4] Sec. , T , R
W_________ C __________
CITY OF CHANDLER, ARIZONA, an Arizona municipal corporation, hereinafter called
Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration, the
receipt and sufficiency of which are 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, its
successors and assigns, hereinafter called Grantee, for use by Grantee and Grantee’s employees,
contractors, co-owners, participants, licensees, and invitees, a non-exclusive easement to construct,
install, access, reconstruct, replace, remove, repair, operate and maintain: poles, towers, or other
supporting structures (collectively “Poles”); and conductors, cables, wires, communication and
signal lines; and other appliances, appurtenances, and fixtures (collectively “Aerial Facilities”)
(Poles and Aerial Facilities are 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, across, through and along the Easement Parcel (defined below), as
Grantee may now or in the future deem convenient or necessary from time to time, together with the
right of vehicular and pedestrian access to, from, over, across, and along Grantor’s Property for the
purpose of trimming, cutting, or clearing trees, brush or other vegetation, or remove any other
obstacles encroaching within the Easement Parcel as provided herein (collectively, the Easement).
The lands in, upon, over, across, through and along which the Easement is granted are situated in
the County of Maricopa, State of Arizona, and are more particularly depicted and described as:
Grantor’s Property:
SEE
EXHIBIT
“A”,
attached
hereto,
and
incorporated herein with this reference.
Easement Parcel:
The vertical space (air space) above Grantor’s
Property beginning at an elevation of fifteen (15) feet
(“Aerial Easement”) and the ground area located
within the full easement width and fifty (50) feet
2
north/south of a Pole on Grantor’s Property
(“Ground Easement”), and which are located fifty
(50) feet west of the eastern boundary of Old Price
Road right-of-way to thirty (30) feet east of the
eastern boundary of Old Price Road right-of-way for
a total width of eighty (80) feet (collectively the
“Easement Parcel”)
CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical
equipment or water reclamation facilities and infrastructure. Notice is given that the location
of underground electrical conductors and other facilities must be verified as required by the
Arizona Blue Stake Law, A.R.S. Sections 40-360.21-32, prior to any excavation. Notice is also
given that any activity performed within the Easement Parcel shall comply with the Arizona
Overhead Powerline Safety Law, A.R.S. Sections 40-360.41-45.
The Easement is governed by the following terms and conditions:
1.
Additional Consideration for Easement. When this Easement will be used by Grantee in place
of an existing overhead easement located in Grantor’s right-of-way and which is used for the
transmission and distribution of electricity (“Existing Overhead Easement”), Grantee will convey to
Grantor simultaneously with the grant of this Easement Grantee’s interests and rights in the Existing
Overhead Easement as additional consideration for this Easement. In addition, except for any
Facilities Grantor may permit to be abandoned in place, Grantee agrees to remove any Facilities in
the Existing Overhead Easement at Grantee’s sole cost.
2.
Use by Grantor or Third Parties. Grantor and any third parties reserve the right to use and
occupy the Easement Parcel for any purposes, which will not interfere with the rights and privileges
granted to Grantee hereunder or endanger the Facilities, in compliance with the requirements and
obligations set forth in this instrument. Such right to use and occupy the Easement Parcel includes
the right to use and dedicate any portion of the Easement Parcel for perpendicular crossing(s) of public
rights-of-way, subject to Grantor’s compliance with the requirements of this instrument. Grantee
shall not allow other parties to use the Easement Parcel for the installation of additional Facilities for
such other parties’ use, whether jointly or separately from Grantee, unless such other parties comply
with applicable City ordinances and permit and/or licensing requirements.
3.
Use Procedures. Grantor may use (or permit third party use of) the Easement Parcel for
specific purposes if Grantor and Grantee mutually consent to Grantor’s or a third party’s use, which
consent must not be unreasonably withheld by Grantee. Such use should: (i) prevent or minimize any
actual or potential conflict with the Facilities or access thereto, and (ii) comply with all other terms
and conditions of this instrument. Prior to the commencement of any construction or development
activity on, or any other use of the Easement Parcel, Grantor or third party, as applicable, shall provide
Grantor and Grantee with plans describing the proposed use. Such plans shall include without
limitation all construction and other development plans showing all proposed improvements to be
located within, and activities to be conducted on the Easement Parcel, or any proposed alterations
thereto. Grantor’s and Grantee’s consent to the use of the Easement Parcel shall be documented in
writing and is subject to all such uses complying with Grantor’s and Grantee’s clearance, access, and
construction standards, as well as National Electrical Safety Code (NESC), Arizona law, Federal law
3
(including OSHA), and all other applicable rules, codes, or regulations. To minimize interference
with and disruption of Grantor’s and Grantee’s use of the Easement Parcel, Grantor and Grantee will
provide the other party with the name and contact information of a representative who is available
twenty-four (24) hours a day seven (7) days a week.
4.
Development Standards. For the portions of the Easement Parcel located within the Ground
Easement, all below-ground facilities must be designed to meet Grantee’s then current minimum
loading standards. As of the recordation date, such below-ground facilities must be designed to
withstand a minimum loading of 320 pounds per square inch (PSI) applied to the ground surface
under a crane outrigger pad measuring 27 inches in diameter. This design standard does not apply to
Aerial Facilities or the Aerial Easement. Notwithstanding anything herein to the contrary, under no
circumstances may any use of the Easement Parcel (by Grantor or any third party) interfere with
Grantee’s right and ability to construct, access, maintain, and use the Facilities, or endanger any of
the Facilities or the use thereof.
5.
Clearance of Vegetation. Grantee possesses the right (but not the obligation) to trim, cut, and
clear away trees, brush, or other vegetation within, or which does or may encroach, the Ground
Easement or Aerial Easement, whenever in Grantee’s judgment the same shall be necessary for
Grantee’s use, operation, or maintenance of, or access to the Facilities, or for safety or system
reliability reasons.
6.
Relocation of Grantee’s Facilities. After the initial installation or relocation of Facilities
within the Easement Parcel, if Grantor requires Grantee to relocate or modify the Facilities within the
Ground Easement or Aerial Easement, Grantor will: (i) pay and/or reimburse Grantee all costs
incurred for such relocation or modification; and (ii) provide a reasonable new location for the
Facilities, and easement rights therefor, that meets the standards set forth in this instrument.
7.
Perpetual Nature of Easement. This 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
acknowledged 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.
8.
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. Grantee shall have the
right to assign the Easement, in whole or in part, to one or more assignees and, upon the assignment,
any such assignee hereby assumes the rights and obligations of the Grantee hereunder with respect to
the portion of the Easement assigned.
9.
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.
10.
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.
4
11.
Warranty of Title. Grantor represents and warrants that Grantor has full power and authority
to grant the Easement and to perform its obligations under this document.
12.
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; (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.
13.
Fences. Grantee, at its expense, may construct, modify, and maintain access openings and
gates at such locations and of such dimensions as determined by Grantee in consultation with Grantor,
in all existing fences and walls across or within the Easement Parcel. If Grantor constructs fences or
walls across the Easement Parcel, Grantor shall, at its expense, provide Grantee with openings at
locations and of such dimensions as determined by Grantee in consultation with Grantor. Grantor, at
its expense, may install gates across such openings and, if such gates are locked, shall install a multiple
locking device, accessible by both Grantor and Grantee. Nothing set forth in this paragraph 13
restricts or otherwise modifies Grantee’s approval rights under paragraph 3, and Grantor shall obtain
prior written approval for any proposed fences and walls within the Easement Parcel.
14.
Public Emergency. Grantor and Grantee acknowledge the Easement Parcel contains critical
infrastructure to both parties. Accordingly, both Grantor and Grantee shall have the right (but not the
obligation), because of a public emergency, to dig-up or otherwise damage Facilities without prior
notice to the other party, if the action is deemed reasonably necessary by Grantee, or Grantor’s City
Manager, Fire Chief, Police Chief, City Street Transportation Director, Public Works Director, or
Water Services Director. A public emergency may be any condition which, in the opinion of Grantee
or any of the officials named, poses an immediate threat to the lives or property of the residents of the
City of Chandler or others caused by any natural or man-made disaster including, but not limited to,
storms, floods, fire, accidents, explosions, major water main breaks, or hazardous material spills.
Grantor or Grantee, as appropriate, will notify the other party as soon as reasonably possible of the
public emergency and the action taken.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY.
Final Exhibit 7 Water Reclamation Facilities Overhead Easement Dated 6-23-2021 1PM
5
IN WITNESS WHEREOF, the City of Chandler, an Arizona municipal corporation, has
caused this instrument to be executed by its duly authorized representative(s), this ____ day of
_______________, 202__.
City of Chandler
an Arizona municipal corporation
Attest:
______________________________
By_________________________________
City Clerk
Mayor
Approved as to form:
______________________________
City Attorney
STATE OF ARIZONA
)
) ss
County of Maricopa
)
The foregoing instrument was acknowledged before me this ______ day of ______________,
202___, by _____________, Mayor of the City of Chandler, an Arizona municipal corporation, on
behalf of such corporation.
_________________________________
Notary Public
My commission expires:
___________________
IN WITNESS WHEREOF, _________________, a ___________________, has caused its name
to be executed by its duly authorized representative(s), this ____ day of _______________, ________.
_______________________________, a _________________
By ___________________________________
By: ___________________________________
State of Arizona
)
) ss
County of Maricopa
)
The foregoing instrument was acknowledged before me this ______ day of ______________,
________, by ___________________, _____________________ of
___________________________________, a _____________, on behalf of such company.
My Commission Expires:
_____________________________________
Notary Public
_____________________
_____________________
(Notary Stamp/Seal)
Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required
under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections
11-1134(A)(2) and (A)(3).
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
Exhibit 8
Remaining Canceled 12kV Distribution Projects
CANCELLED AESTHETICS 12KV PROJECTS WITH SRP INCURRED COSTS
SRP JOB #
SRP COSTS
T2089484
$146,132.88
T2089480
$24,528.37
T2092863
$66,628.28
T2092861
$6,631.23
T2092941
$39,223.26
T2092936
$18,237.97
T2093024
$122,958.07
T2092998
$26,741.59
T2101544
$92,090.89
T2101549
$21,951.09
T2099303
$92,424.63
T2099298
$26,521.50
T2105041
$6,691.94
T2105134
$6,341.65
T3003639
$5,157.43
TOTAL COSTS INCURRED BY SRP
$702,160.78
Exhibit 9
Temporary Construction Easement Form
WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB350
PO Box 52025
Phoenix, Arizona 85072-2025
AFFIDAVIT EXEMPT PURSUANT TO
A.R.S. §§ 11-1134(A)(2) and (A)(3)
TEMPORARY CONSTRUCTION EASEMENT
(Old Price Road at City of Chandler Water Reclamation Facilities)
Maricopa County
R/W #:
Agt:
Parcel #
Job #
[SE4] Sec. , T , R
W_________ C __________
CITY OF CHANDLER, ARIZONA, an Arizona municipal corporation, hereinafter called Grantor, for
and in consideration of the sum of Ten Dollars and other valuable consideration, the receipt and sufficiency
of which are 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, its successors and assigns, hereinafter called
Grantee, a temporary construction easement in connection with the construction of 230kV facilities used
for the transmission and distribution of electricity, communication signals and data, and for other related
purposes connected therewith as part of the expansion of the Intel Ocotillo campus (collectively the
“Project”). The purpose of this temporary construction easement is to allow the use of the Easement Parcel
(defined below) by Grantee and Grantee’s employees, contractors, co-owners, participants, licensees, and
invitees, an easement to construct, install, and access the Easement Parcel at such locations and elevations
in, across, through and along the Easement Parcel (defined below) as Grantee may now or in the future
deem convenient or necessary together with the unrestricted right of vehicular and pedestrian access to,
from, over, across, and within the Easement Parcel for purposes of the Project (collectively, the
“Easement”). The lands in, upon, over, across, through and along which the Easement is granted are situated
in the County of Maricopa, State of Arizona, and are more particularly depicted and described in Exhibit
“A” attached hereto and made a part hereof by this reference:
Easement Legal Description:
SEE EXHIBIT “A”, attached hereto and incorporated
herein with this reference
2
Easement Parcel:
The portion of Grantor’s property located thirty (30) feet
east of the eastern boundary of Old Price Road right-of-
way.
CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical
equipment or large water reclamation infrastructure. Notice is given that the location of
underground electrical conductors and other facilities must be verified as required by the Arizona
Blue Stake Law, A.R.S. Sections 40-360.21-32, prior to any excavation. Notice is also given that any
activity performed within the Easement Parcel shall comply with the Arizona Overhead Powerline
Safety Law, A.R.S. Sections 40-360.41-45.
This temporary construction easement is governed by the following terms and conditions:
1.
Temporary Construction Easement Term. The term of this easement begins on the easement
recordation date and ends on the first to occur: (i) two years from the recordation date; or (ii) substantial
completion of the Project.
2.
Grantee’s Use of Easement. Grantee shall repair and restore the Easement Property to a like or
equivalent condition as existed prior to the construction activity and shall be responsible for any damages,
claims or losses occurring on the Easement Property during the term of this easement caused by Grantee’s
negligent use of the Easement Property or by the negligent acts, errors, or omissions, or willful conduct, of
Grantee’s employees, agents, contractors or assigns.
3.
Use by Grantor or Third Parties. Grantor reserves the right to use and occupy the Easement Parcel
for any purposes which will not interfere with the rights and privileges granted to Grantee hereunder or
endanger the Facilities, in compliance with the requirements and obligations set forth in this instrument.
Such right to use and occupy the Easement Parcel includes the right to use and dedicate any portion of the
Easement Parcel for perpendicular crossing(s) of public rights-of-way, subject to Grantor’s compliance with
the requirements of this instrument. Grantee shall not allow other parties to use the Easement Parcel for the
installation of additional Facilities for such other parties’ use, whether jointly or separately from Grantee,
unless such other parties comply with applicable City ordinances and permit and/or licensing requirements.
To minimize interference with and disruption of Grantor’s and Grantee’s use of the Easement Parcel,
Grantor and Grantee will provide the other party with the name and contact information of a representative
who is available twenty-four (24) hours a day seven (7) days a week during Project construction.
4.
Relocation of Grantor’s Facilities During Construction. During construction of the Project and as
provided in the certain agreement dated June 24, 2021 between Grantor and Grantee (the “Agreement”), if
Grantor requires Grantee to relocate or modify Grantor’s facilities as part of the Project, Grantee will (i) pay
and/or reimburse Grantor any and all costs incurred for such relocation or modification and (ii) provide a
reasonable new location for the facilities, and easement rights therefor, that meets the standards set forth in
this instrument and the Agreement.
.
3
5.
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.
6.
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.
7.
Warranty of Title. Grantor represents and warrants that Grantor has full power and authority to
grant the Easement and to perform its obligations under this document.
8.
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; (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.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Final Exhibit 9 Temporary Construction Easement Dated 6-23-2021 230 PM
4
IN WITNESS WHEREOF, _________________, a ___________________, has caused its name
to be executed by its duly authorized representative(s), this ____ day of _______________, ________.
_______________________________, a _________________
By ___________________________________
By: ___________________________________
State of Arizona
)
) ss
County of Maricopa
)
The foregoing instrument was acknowledged before me this ______ day of ______________,
________, by ___________________, _____________________ of
___________________________________, a _____________, on behalf of such company.
My Commission Expires:
_____________________________________
Notary Public
_____________________
_____________________
(Notary Stamp/Seal)
Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required
under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections
11-1134(A)(2) and (A)(3).
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY