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ORDINANCE NO. 5022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, GRANTING A TEMPORARY CONSTRUCTION EASEMENT TO SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, AT NO COST, TO TEMPORARILY RELOCATE A 69KV POWER LINE TO THE EAST SIDE OF THE OLD PRICE ROAD ALIGNMENT SOUTH OF QUEEN CREEK ROAD. WHEREAS, Intel Corporation is expanding their facilities and requires additional electrical services; and WHEREAS, to accommodate the installation of the additional electrical services to the Intel, Salt River Project (SRP) must temporarily relocate a 69kV power line to the east side of the Old Price Road alignment south of Queen Creek Road; and WHEREAS, in order relocate the line SRP has requested that the City grant SRP a temporary construction easement; and WHEREAS, once SRP has completed the installation of new 230kV power lines along the west side of the Old Price Road alignment, SRP will return the 69kV lines to the west side of Old Price Road and abandon the temporary construction easement; and WHEREAS, the City of Chandler is willing to grant the temporary construction easement to SRP, at no cost, to accommodate this project. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona, as follows: Section 1. That the City Council of the City of Chandler, Arizona, authorizes and approves the granting of a temporary construction easement to Salt River Project Agricultural Improvement and Power District, at no cost, through, under and across that certain property legally described and depicted in the attached Exhibit “AP Section 2. That the granting of said temporary construction shall be in substantially the form approved by the City Attorney and attached as Exhibit “B”. Section 3. That the Mayor of the City of Chandler, Arizona, is hereby authorized to execute the temporary construction easement and this Ordinance on behalf of the City. Ordinance No. 5022 Page 2 INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler, Arizona, this day of 2022. ATTEST: CITY CLERK MAYOR PASSED AND ADOPTED by the Mayor and City Council of the City of Chandler, Arizona, this day of , 2022. ATTEST: CITY CLERK MAYOR CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 5022 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the day of , 2022, and that the vote was ayes, and nays. CITY CLERK APPROVED AS TO FORM CITY ATTORNEY U Published in the Arizona Republic on: EXHIBIT “A” (Legal Description and Drawing) EXHIBIT “A” SRP JOB NUMBER: 73316789 DATE: 06-01-2022 SRP JOB NAME: HIGH-TECH INTERCONNECT PROJECT PAGE 10F3 SECTION 18, TOWNSHIP 2S, RANGE 5E AN EASEMENT LOCATED IN THE WEST HALF OF SECTION 18, TOWNSHIP 2 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 18, BEING A BRASS CAP IN HAND HOLE, FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 18, BEING A BRASS CAP IN HAND HOLE, BEARS NORTH 88 DEGREES 56 MINUTES 33 SECONDS EAST, A DISTANCE OF 2649.78 FEET (BASIS OF BEARINGS); THENCE ALONG THE WEST LINE OF SAID SECTION 18, SOUTH 00 DEGREES 17 MINUTES 33 SECONDS EAST, A DISTANCE OF 65.01 FEET; THENCE DEPARTING SAID SECTION LINE, NORTH 88 DEGREES 56 MINUTES 33 SECONDS EAST, A DISTANCE OF 80.01 TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 56 MINUTES 33 SECONDS EAST, A DISTANCE OF 30,00 FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 33 SECONDS EAST, A DISTANCE OF 2580.98 FEET; THENCE SOUTH OO DEGREES 13 MINUTES 26 SECONDS EAST, A DISTANCE OF 1174.62 FEET; THENCE SOUTH 49 DEGREES 41 MINUTES 56 SECONDS EAST, A DISTANCE OF 225.06 FEET; THENCE SOUTH 8&9 DEGREES 00 MINUTES 18 SECONDS WEST, A DISTANCE OF 201.09 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 26 SECONDS WEST, A DISTANCE OF 1323.54 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 33 SECONDS WEST, A DISTANCE OF 2580.58 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS AN AREA OF 129,830 SQUARE FEET, OR 2.980 ACRE(S), MORE OR LESS. DISTANCES CONTAINED IN THIS DESCRIPTION ARE GROUND DISTANCES. GRID DISTANCES WERE SCALED BY A COMBINED SCALE FACTOR OF 1.00015221977783 TO OBTAIN GROUND DISTANCES. END OF DESCRIPTION g WOOLGAR . , OL/OZ/ZOLE EXHIBIT QUEEN CREEK ROAD -—- PLO PRICE ROAD | rae are DOBSON ROAD OCOTILLO ROAD VICINITY NAP NTS) 125, RSE GASRH ABBREVIATION TABLE APN ASSESSOR’S PARCEL NUMBER ACF ALUMINUM CAP FLUSH FND FOUND BLM BUREAU OF LAND MANAGEMENT NCR MARICOPA COUNTY RECORDER Lvl LAST VISUAL INSPECTION NTS NOT TO SCALE Poc POINT OF COMMENCEMENT POB POINT OF BEGINNING it ‘ft A SECTION AND CENTERLINE PROPERTY LINE Z2Z777777A LIMITS OF EASEMENT TIE LINE SECTION CORNER AS NOTED BASIS OF BEARINGS: THE ARIZONA STATE PLANE COORDINATE SYSTEM: CENTRAL ZONE. NAD 83 DATUM WOOL GAR OLOZIZOZE J % CAUTION THE EASEMENT LOCATION AS HEREON DELINEATED 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 40-380.21. ET. SEQ.i ARIZONA BLUE STAKE LAW, PRIOR TG ANY EXCAVATION NOTES DISTANCES CONTAINED IN THIS DESCRIPTION ARE GROUND DISTANCES. GRID DISTANCES WERE SCALED BY A COMBINED SCALE FACTOR OF 1.00015221977783 TO OBTAIN GROUND DISTANCES THIS EXHIBIT 1S INTENDED TQ ACCOMPANY AN EASEMENT. ALL PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND NO ATTEMPT HAS BEEN MADE TO VERIFY THE LOCATION OF ANY BOUNDARIES SHOWN. THIS IS NOT AN ARIZONA BOUNDARY SURVEY. ALL ELECTRIC LINES SHOWN ARE MEASURED TO THE WINDOW OF THE EQUIPMENT PAD UNLESS OTHERWISE NOTED. CS82FQ SURVEY DIVISION © LAND DEPARTMENT SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT SRP JOB NUMBER: 13316789 SCALE: NTS ‘T.Q. NUMBER: NZA SHEET: 2 OF 3 ‘AGENT: ENGLISH SHEET SIZE: 8.5°x11” DRAWN: LEGNARD | WREVISION: 1 CHECKED BY: WOOLGAR CREW CHIEF :MORZELLA DATE: 06-01-2022 JEPIFIELD DATE: 08-12-2021 HIGH-TECH INTERCONNECT PROJECT W 1/2, SECTION 18 T.2S: RSE EXHIBIT i 4 A "NORTHWEST CORNER ie poc (BASIS. OF BEARINGS] Naa 56'33"E 2649.78 4 SECTION 18 Vf Pop TOUEEN CREEK ROAD FOUND BC IN HH - LVI 04-15-2016 L2—f X13 NORTH 1/4 CORNER (TIE) + _| SECTION 18 |W. 30.00" ; FOUND BC IN HH iat LYE 11-07-2016 st ff, 80-00" . i APN: 303-37~-959 bo 20131069085 (MCR) = OWNER: C.O.€ oe lof, aw I my ' | E | b | 3 i NORTH i APN: 303-37-001H i 1984-0151826 (WCRI | OWNER:C.0.C i LINE TABLE LINE [ BEARING DISTANCE _ Li | $00°17733"€ | 65.01 WEST 1/4 CORNER 1 L2 [-Ne8°56'33"E | 80.01" SECTION 18 i} L3_ [-N88°56733"E | 30.00" FOUND BLM BC L4__ | soo°17'33"E | 2580.98" LVI 03-26-2043 L5 | $00°13'26"E | 1174.62’ we ; Le | $49°41'56"E | 225.06! tlh, 30:00 L7_ | $89°00'18"W 201.09’ BP oy og L8_| Nooe13'26"w | 1323.54" Sl Lo | Nooe17'33"W | 2580.58" cot Spf apn: 303-37-o01 = Yj 2006-0585055 (MCR) & OWNER:C.0.C a | | SOUTRWEST CORNER i Px SECTION 18 = FOUND BLM BC 4 LVI 10-08-2015 ; SALT RIVER PROJECT CSNBEQ SURVEY DIVISION AGRICULTURAL IMPROVEMENT & POWER DISTRICT SYMP LAND DEPARTMENT SRP_JOB NUMBER: 13316789 SCALE: NTS 1.0. NUMBER: N/A SHEET: 3 OF 3 HIGH-TECH INTERCONNECT AGENT: ENGLISH SHEET SIZE: 8.5”xi1" PROJECT ORAWN: LEONARD -JREVISION: 1 W 1/2, SECTION 18 CHECKED BY: WOQLGAR CREW CHIEF :MORZELLA T.25, RSE DATE: 06-01-2022 JEP|FIELD DATE: 08-12-2021 _ _ EXHIBIT “B” (Temporary Construction Easement) WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PABIOW PO Box 52025 Phoenix, Arizona 85072-2025 AFFIDAVIT EXEMPT PURSUANT TO ARS. §§ 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 # 303-37-959, 303-37-001H, 303-37-001) SRP Job# LJ85907 W_SBS_C_JEP | 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: a Legal Description: SHE EXHIBIT."A", attached hereto and incorporated herein with this reference 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: IL. 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 therequirements 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 ali 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. 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 apublic 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 BLANIC Final Exhibit 9 Temporary Construction 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 , 2022. Grantor: City of Chandler an Arizona municipal corporation ATTEST: By. Clerk Kevin Hartke, Mayor APPROVED AS TO FORM: City Attorney qo STATE OF ARIZONA ) ) ss County of Maricopa ) The foregoing instrument was acknowledged before me this day of ee __, 2022, by Kevin Hartke, Mayor of the City of Chandler, an Arizona municipal corporation, on behalf of such corporation. Notary Public My commission expires: Nate: This instrument is exempt from the real estate transfer fee and affidavit of legal value requiredunder 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” SRP JOB NUMBER: 13316789 DATE: 06-01-2022 SRP JOB NAME: HIGH-TECH INTERCONNECT PROJECT PAGE 10F3 SECTION 18, TOWNSHIP 2S, RANGE 5E AN EASEMENT LOCATED IN THE WEST HALF OF SECTION 18, TOWNSHIP 2 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 18, BEING A BRASS CAP IN HAND HOLE, FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 18, BEING A BRASS CAP IN HAND HOLE, BEARS NORTH 88 DEGREES 56 MINUTES 33 SECONDS EAST, A DISTANCE OF 2649.78 FEET (BASIS OF BEARINGS); THENCE ALONG THE WEST LINE OF SAID SECTION 18, SOUTH 00 DEGREES 17 MINUTES 33 SECONDS EAST, A DISTANCE OF 65.01 FEET; THENCE DEPARTING SAID SECTION LINE, NORTH 88 DEGREES 56 MINUTES 33 SECONDS EAST, A DISTANCE OF 80.01 TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 56 MINUTES 33 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 33 SECONDS EAST, A DISTANCE OF 2580.98 FEET; THENCE SOUTH OO DEGREES 13 MINUTES 26 SECONDS EAST, A DISTANCE OF 1174.62 FEET; THENCE SOUTH 49 DEGREES 41 MINUTES 56 SECONDS EAST, A DISTANCE OF 225.06 FEET; THENCE SOUTH 89 DEGREES 00 MINUTES 18 SECONDS WEST, A DISTANCE OF 201.09 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 26 SECONDS WEST, A DISTANCE OF 1323.54 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 33 SECONDS WEST, A DISTANCE OF 2580.58 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS AN AREA OF 129,830 SQUARE FEET, OR 2.980 ACRE(S], MORE OR LESS. DISTANCES CONTAINED IN THIS DESCRIPTION ARE GROUND DISTANCES. GRID DISTANCES WERE SCALED BY A COMBINED SCALE FACTOR OF 1.00015221977783 TO OBTAIN GROUND DISTANCES. END OF DESCRIPTION “EXHIBIT “A” QUEEN CREEK ROAD -—- DED PRICE ROAD. | f 1 DOBSON ROAD OCOTILLO ROAD VICINITY MAP (NTS} 728. RSE G&SRM ABBREVIATION TABLE APN ASSESSOR'S PARCEL NUMBER ACE ALUMINUM CAP FLUSH FND FOUND BLN BUREAU OF LAND MANAGEMENT NCR MARICOPA COUNTY RECORDER LVI LAST VISUAL INSPECTION NTS NOT TO SCALE POC POINT OF COMMENCEMENT POB POINT OF BEGINNING LEGEND SECTION AND CENTERL INE PROPERTY LINE LIMITS OF EASEMENT TIE LINE SECTION CORNER AS NOTED BASIS OF BEARINGS: THE ARIZONA STATE PLANE COORDINATE SYSTEM. CENTRAL ZONE. NAD 83 DATUM. CAUTION THE EASEMENT LOCATION AS HEREON DELINEATED MAY CONTAIN HIGH VOLTAGE ELECTRICAL EQUIPMENT, NOTICE IS HEREBY GIVEN THAT THE LOCATION OF UNDERGROUND ELECTRICAL CONDUCTORS OR FACILITIES MIST BE VERIFIED AS REQUIRED BY ARIZONA REVISED STATUTES. SECTION 40-380.21. ET. SEQ.s ARIZONA BLUE STAKE LAW, PRIOR TQ ANY EXCAVATION. NOTES DISTANCES CONTAINED IN THIS DESCRIPTION ARE GROUND DISTANCES. GRID DISTANCES WERE SCALED BY A COMBINED SCALE FACTOR OF 1.00015221977783 TO OBYAIN GROUND DISTANCES THIS EXHIBIT [S INTENDED TO ACCOMPANY AN EASEMENT. PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND NO ATTEMPT HAS BEEN MADE TQ VERIFY THE LOCATION QF ANY THIS IS NOT AN ARIZONA BOUNDARY SURVEY. BOUNDARIES SHOWN. ALL TALL ELECTRIC LINES SHOWN ARE MEASURED TO THE WINDOW OF THE EQUIPMENT PAD UNLESS GTHERWISE NOTED. SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT CA82FQ SURVEY DIVISION LAND DEPARTMENT SRP_JOB NUMBER: 13316789 [SCALE: NS 1.0, NUMBER? N/A SHEET: 2 OF 3 HIGH-TECH INTERCONNECT AGENT: ENGLISH SHEET SIZE: @.5"x11" PROJECT DRAWN: LEONARD REVISION: 1 _ W 1/2, SECTION 18 CHECKED BY: WOOLGAR CREW CHIEF :MORZELLA T.285, RSE DATE: 06-01-2022 JEP|FIELD DATE: 08-12-2021 EXHIBIT ‘tl ‘ft A “NORTHWEST CORNER die) POC (BASIS OF BEARINGS) N88°56'33"— 2649.78) 4 ro ON ie ef pog TT QUEEN CREEK ROAD LVI 01-15-2016 L2 -f L—13 a NORTH 1/4 CORNER (TIE) + S SECTION 18 | Ji. 30.00° = FOUND BC IN RR i gs LVI 11-07-2016 wt fh 80-00" & | i APN: 303~37-959 Ro 20131069085 (MCR) S| OWNER: C.0.€ & I oe | ln us La fa I m 1 | E | & an NORTH i APN: 303-37-001H ' 1984-0151826 (HCR) | OWNER: ¢.0.€ i LINE TABLE LINE | BEARING DISTANCE L1_[| $00°17'33"E 65.01° WEST 1/4 CORNER ‘ L2_| N@8°56'33°E 80.01° SECTION 18 | L3_| Ne8°56'33°E 30.00" FOUND BLM BC a L4_| soo-t7'33"e | 2580.98" LV] 03-26-2019 5 | so0°13'26"— | 1174.62" wf Le | $49°41°56"E | 225.06" Styl, 36-06 L7_| sageoo'ia"w | 201.097 BT 99-00! L8_| Noo?13’26"W | 1323.54" So Lo | Nooe17’33’w | 2580.58" poy cot hs | APN: 303-37-0014 2 2006-0585055 (MCR) a | OWNER:C.0.€ a | | SOUTHWEST CORNER Ps SECTION 18 4 FOUND BLM BC 4 LVI 10-08-2015 ; SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT C38BEQ SURVEY DIVISION i, LAND DEPARTMENT SRP JOB NUMBER: 173316789 SCALE: NTS 1.0. NUMBER: N/A SHEET: 3 OF 3 AGENT: ENGLISH SHEET SIZE: 8.5"xi1” DRAWN: LEONARD REVISTON: 1 CHECKED BY: WOOLGAR CREW CHIEF :MORZELLA DATE: 06-01-2022 JEP FIELD OATE: 08-42-2021 HIGH-TECH INTERCONNECT PROJECT W 1/2, SECTION 18 T.28, R.5S E