EA-EXH_T3454147_LR85019_2023-10-09_APN_302-09-489.PDF
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WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB10W
P. O. Box 52025
Phoenix, Arizona 85072-2025
EXEMPT PURSUANT TO
A.R.S. §§ 11-1134(A)(2) and (A)(3)
Maricopa County
Agt. KB
Parcel # 302-09-489
LJ89879/LR85019/T3454147
NW ¼, SEC. 03, T01S, R05E
W: KB C ______
R/W #
MARICOPA COUNTY,
a political subdivision of the State of Arizona,
hereinafter called Grantor, for and in consideration of the sum of Ten Dollars, and other valuable consideration,
receipt and sufficiency 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 employees, contractors, licensees, and
invitees, a non-exclusive easement to construct, install, reconstruct, replace, remove, repair, operate and
maintain underground electrical conduits and conductors, pipes, cables, switching equipment, transformers,
pad-mounted equipment, enclosures, manholes, vaults, and all 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 hereafter deem convenient or
necessary from time to time, together with the right of access to and from the Easement Parcel, over, across,
through and along Grantor's Property (defined below) (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 described as:
Grantor's Property:
A portion of the NW quarter of Section 03, Township 01 South, Range 05 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described in
SPECIAL WARRANTY DEED Instrument No. 2021-0601674, official records of Maricopa
County, Arizona.
POWER DISTRIBUTION EASEMENT
JEP
DocuSign Envelope ID: 5693C5E0-48DF-46E6-84A3-AE399B64B022
Easement Parcel:
Said easement being a strip of land 8.00 feet in width, lying 4.00 feet on each side of the
line described as “CENTERLINE OF 8’ EASEMENT” delineated on Exhibit “A”
(MARICOPA COUNTY EMF, SRP Job No. T3454147), prepared by Salt
River Project A.I. & Power District, dated 09-27-2023, said Exhibit “A” attached
hereto and made a part hereof. Said easement ALSO to include the equipment
pad areas as described and/or depicted on said Exhibit “A”.
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.
The Easement is governed by the following terms and conditions:
1.
Modification of Easement Parcel. Grantor acknowledges that field conditions may result in the
Facilities being installed within Grantor’s Property in a location that is not within the Easement Parcel. After
the completion of any construction or installation outside of the Easement Parcel, Grantee shall obtain
Grantor’s agreement with and execution of an amendment to this Easement modifying the legal description of
the Easement Parcel to reflect the actual location of the Facilities (the “Amendment”). Upon the recordation
of the Amendment, such revised legal description shall have the same force and effect, and create the same
priority of interest, as if recorded concurrently with this instrument. Grantor may consent to the execution and
recordation of the Amendment through the exercise of its sole discretion.
2.
Prohibited Activities. Grantor shall not, whether directly or indirectly by granting permission,
construct, install, or place any building or other structure, plant any trees, drill any wells, store materials of any
kind, or alter the ground level, within the Easement Parcel. This paragraph 2 does not prohibit the use of the
Easement Parcel for such purposes as landscaping (except trees), paved parking, sidewalks and/or driveways,
provided that such use is otherwise in accordance with the terms of this Easement, and does not interfere with
the efficient operation and maintenance of the Facilities, including access thereto. To obtain clarification as to
whether or not a particular construction activity is prohibited by the first sentence of this paragraph 2, Grantor
may request Grantee’s prior written approval to grade or install improvements (“Work”) within the Easement
Parcel by submitting all construction, grading, or other development plans, as applicable, describing the
proposed Work. Grantee may grant or deny such approval through the exercise of Grantee’s sole discretion,
provided that Grantee’s review and right to approve shall be limited to whether the proposed Work conflicts
with the existing Facilities, including access thereto. Any such approval is hereby subject to Grantor complying
with all other provisions of this Easement.
3.
Clear Areas. Grantor shall maintain a clear area that extends 3.00 feet from and around all edges of all
transformer pads and other equipment pads, and a clear area that extends 12.00 feet immediately in front of all
transformer and other equipment openings (“Clear Areas”). No improvements, fixtures, trees, shrubs, or other
obstructions shall be placed within the Clear Areas. Grantee shall have the right (but not the obligation) to
remove any obstructions within the Clear Areas.
DocuSign Envelope ID: 5693C5E0-48DF-46E6-84A3-AE399B64B022
4.
Additional Grantee Rights. 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 or the Clear Areas,
whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein
granted. Grantor agrees that any fences or walls which now cross or hereafter cross Grantor’s Property will
not prevent Grantee’s access to the Easement Parcel or the Facilities. Grantor further agrees that Grantee can
use gates on all such fences or walls for such access.
5.
Perpetual Nature of Easement. The 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.
6.
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.
7.
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.
8.
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.
9.
Warranty of Title. Grantor represents and warrants that: (i) fee simple title to the Grantor’s Property
and Easement Parcel is vested in Grantor, and (ii) Grantor has full power and authority to grant the Easement
and to perform its obligations under this document.
10.
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, and (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 (whether from any partner, owner, spouse, shareholder, director,
member, manager, creditor, investor, developer, governmental authority, judicial or administrative body,
association, or other person or entity).
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: 5693C5E0-48DF-46E6-84A3-AE399B64B022
IN WITNESS WHEREOF, MARICOPA COUNTY, a political subdivision of the State of Arizona
has caused its name to be executed by its duly authorized representative(s), this _______ day of
______________________, ___________.
MARICOPA COUNTY, a political subdivision of the State of Arizona
By: Clint Hickman
Chairman of the Board
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy County Attorney
STATE OF ARIZONA
)
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this
day of
20___,
by __________________________________________, Chairman of the Maricopa County Board of
Supervisors.
My Commission Expires
_________________________
Notary Public (signature/stamp)
DocuSign Envelope ID: 5693C5E0-48DF-46E6-84A3-AE399B64B022
10/11/2023
SRP JOB NUMBER: T3454147
TTRRSS:1S5E03
SRP JOB NAME: MARICOPA COUNTY EMF
DATE: 09-27-2023
PAGE 1 OF 4
AN EASEMENT WITHIN A PARCEL OF LAND AS DESCRIBED PER DOCUMENT 2021-0601674 MARICOPA
COUNTY RECORDER (MCR) LOCATED IN THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 1 SOUTH,
RANGE 5 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, BEING A BRASS CAP IN HAND HOLE,
FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 3, BEING A BRASS CAP IN HAND HOLE,
BEARS SOUTH 01 DEGREES 57 MINUTES 36 SECONDS EAST, A DISTANCE OF 2646.49 FEET (BASIS OF
BEARING);
THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, SOUTH 01 DEGREES 57 MINUTES 36
SECONDS EAST A DISTANCE OF 1689.37 FEET;
THENCE NORTH 88 DEGREES 02 MINUTES 24 SECONDS EAST, A DISTANCE OF 1871.00 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 56 DEGREES 53 MINUTES 09 SECONDS EAST, A DISTANCE OF 13.03 FEET TO A POINT
HEREINAFTER KNOWN AS POINT “A”;
THENCE CONTINUE, NORTH 56 DEGREES 53 MINUTES 09 SECONDS EAST, A DISTANCE OF 121.84 FEET;
THENCE SOUTH 83 DEGREES 23 MINUTES 21 SECONDS EAST, A DISTANCE OF 9.68 FEET TO A POINT IN
AN EQUIPMENT PAD BEING 6.33 FEET BY 4.17 FEET AND BEING A PART OF THIS EASEMENT, SAID POINT
HEREINAFTER KNOWN AS POINT “B”;
THENCE NORTH 88 DEGREES 03 MINUTES 38 SECONDS EAST, A DISTANCE OF 90.18 FEET TO A POINT IN
AN EQUIPMENT PAD BEING 6.33 FEET BY 4.17 FEET AND BEING A PART OF THIS EASEMENT, SAID POINT
HEREINAFTER KNOWN AS POINT “C”;
THENCE SOUTH 09 DEGREES 34 MINUTES 22 SECONDS EAST, A DISTANCE OF 24.73 FEET TO A POINT IN
AN EQUIPMENT PAD BEING 10.00 FEET BY 10.00 FEET AND BEING A PART OF THIS EASEMENT AND THE
POINT OF TERMINUS;
TOGETHER WITH AN EASEMENT BEING 8.00 FEET IN WIDTH, LYING 4.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT THE AFOREMENTIONED POINT “A”
THENCE NORTH 78 DEGREES 15 MINUTES 25 SECONDS WEST, A DISTANCE OF 8.50 FEET;
PAGE 2 OF 4
DocuSign Envelope ID: 5693C5E0-48DF-46E6-84A3-AE399B64B022
THENCE SOUTH 56 DEGREES 54 MINUTES 00 SECONDS WEST, A DISTANCE OF 7.00 FEET TO THE POINT
OF TERMINUS;
TOGETHER WITH AN EASEMENT BEING 8.00 FEET IN WIDTH, LYING 4.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT THE AFOREMENTIONED POINT “B”
THENCE NORTH 01 DEGREES 38 MINUTES 30 SECONDS WEST, A DISTANCE OF 13.43 FEET TO AN
ELECTRONIC MARKER BEING A PART OF THIS EASEMENT AND THE POINT OF TERMINUS;
TOGETHER WITH AN EASEMENT BEING 8.00 FEET IN WIDTH, LYING 4.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT THE AFOREMENTIONED POINT “B”
THENCE SOUTH 09 DEGREES 34 MINUTES 44 SECONDS EAST, A DISTANCE OF 24.72 FEET TO A POINT IN
AN EQUIPMENT PAD BEING 10.00 FEET BY 10.00 FEET AND BEING A PART OF THIS EASEMENT AND THE
POINT OF TERMINUS;
TOGETHER WITH AN EASEMENT BEING 8.00 FEET IN WIDTH, LYING 4.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT THE AFOREMENTIONED POINT “C”
THENCE NORTH 01 DEGREES 34 MINUTES 26 SECONDS WEST, A DISTANCE OF 13.46 FEET TO AN
ELECTRONIC MARKER BEING A PART OF THIS EASEMENT AND THE POINT OF TERMINUS.
THIS DOCUMENT DESCRIBES MULTIPLE EASEMENTS EACH INTERDEPENDENT ON THE OTHER AND
SHOULD BE REPRODUCED IN ITS ENTIRETY.
END OF DESCRIPTION
09/27/2023
DocuSign Envelope ID: 5693C5E0-48DF-46E6-84A3-AE399B64B022
EXHIBIT "A"
SITE
NOTES
CAUTION
LAW, PRIOR TO ANY EXCAVATION.
SEQ., ARIZONA BLUE STAKE
STATUTES, SECTION 40-380.21, ET.
REQUIRED BY ARIZONA REVISED
FACILITIES MUST BE VERIFIED AS
ELECTRICAL CONDUCTORS OR
LOCATION OF UNDERGROUND
NOTICE IS HEREBY GIVEN THAT THE
VOLTAGE ELECTRICAL EQUIPMENT,
DELINEATED MAY CONTAIN HIGH
THE EASEMENT LOCATION AS HEREON
AN ARIZONA BOUNDARY SURVEY.
BOUNDARIES SHOWN. THIS IS NOT
VERIFY THE LOCATION OF ANY
NO ATTEMPT HAS BEEN MADE TO
FROM RECORD INFORMATION, AND
PARCELS SHOWN WERE PLOTTED
ACCOMPANY AN EASEMENT. ALL
THIS EXHIBIT IS INTENDED TO
UNLESS OTHERWISE NOTED.
OF THE EQUIPMENT PAD
ARE MEASURED TO THE WINDOW
ALL ELECTRIC LINES SHOWN
AGENT: BOCKMAN
DRAWN: TODARO
SCALE:
SHEET: 3 OF 4
SHEET SIZE: 8.5"x11"
LAND DEPARTMENT
SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
SALT RIVER PROJECT
COORDINATE SYSTEM.
LOW DISTORTION PROJECTION
BASED ON THE MARICOPA COUNTY
BASIS OF BEARINGS:
ABBREVIATION TABLE
LEGEND
NTS
BASELINE ROAD
MCQUEEN ROAD
GUADALUPE ROAD
ARE PART OF THIS EASEMENT
EQUIPMENT PAD(S) - SIZE AS NOTED
SECTION CORNER AS NOTED
TIE LINE
EXISTING EASEMENT
CENTERLINE OF 8' EASEMENT
PROPERTY LINE
SECTION AND CENTERLINE
3
G&SRM
T1S, R5E
VICINITY MAP (NTS)
COUNTRY CLUB DRIVE
SRP LDWR NUMBER: N/A
I.O. NUMBER: T3454147
CHECKED BY: HOWARD
DATE: 09-27-2023
CREW CHIEF: LACEY
FIELD DATE: 08-16-2023
0.3 SOUTH - 27.4 EAST
T.1 S., R.5 E
NW 1/4, SECTION 3
EMF
MARICOPA COUNTY
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
NTS NOT TO SCALE
LVI LAST VISUAL INSPECTION
(M) MEASURED
MCR MARICOPA COUNTY RECORDER
FND FOUND
EPAD ELECTRICAL EQUIPMENT PAD
BCHH BRASS CAP IN HAND HOLE
APN ASSESSOR'S PARCEL NUMBER
REVISION: 1
09/27/2023
JEP
DocuSign Envelope ID: 5693C5E0-48DF-46E6-84A3-AE399B64B022
EXHIBIT "A"
N
NORTH
957.12'
1689.37'
S01°57'36"E
N88°02'24"E
2646.49'(M)
1871.00'(TIE)
LINE TABLE
LINE
BEARING
DISTANCE
L1
121.84'
121.84'
13.03'
L1
N78°15'25"W
8.50'
L2
L2
L3
L4
L5
S56°54'00"W
7.00'
DETAIL
SEE
L3
S83°23'21"E
9.68'
EM
L4
N01°38'30"W
13.43'
S09°34'44"E
24.72'
L5
L6
L7
L8
L6
N56°53'09"E
134.87'
N88°03'38"E
90.18'
6.33'
4.17'X
PD-0606
EPAD
10.0
10.0'X
P-0612
EPAD
L7
EM
N01°34'26"W
13.46'
L8
S09°34'22"E
24.73'
6.33'
4.17'X
PD-0625
EPAD
10.0
10.0'X
P-0626
EPAD
PAGE 40 MCR
BOOK 256
8' PUE
NTS
DETAIL
BASIS OF BEARINGS
LVI 04-12-2012
FND BCHH
SECTION 3
NORTHWEST CORNER
LVI 06-08-2010
FND BCHH
SECTION 3
WEST 1/4 CORNER
(TIE)
2021-0601674 MCR
APN 302-09-489
FIESTA BOULEVARD
TECH BOULEVARD
134.87'
6.00'
AGENT: BOCKMAN
DRAWN: TODARO
SCALE:
SHEET: 4 OF 4
SHEET SIZE: 8.5"x11"
LAND DEPARTMENT
SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
SALT RIVER PROJECT
NTS
SRP LDWR NUMBER: N/A
I.O. NUMBER: T3454147
CHECKED BY: HOWARD
DATE: 09-27-2023
CREW CHIEF: LACEY
FIELD DATE: 08-16-2023
0.3 SOUTH - 27.4 EAST
T.1 S., R.5 E
NW 1/4, SECTION 3
EMF
MARICOPA COUNTY
POB
POINT"A"
POINT"B"
POINT"C"
POC
REVISION: 1
JEP
DocuSign Envelope ID: 5693C5E0-48DF-46E6-84A3-AE399B64B022