Ordinance No. 5034

City of Chandler — Regular Meeting (2022-12-08)

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ORDINANCE NO. 5034

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, GRANTING A POWER DISTRIBUTION EASEMENT TO SALT
RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER
DISTRICT FOR ELECTRICAL FACILITIES TO BE RELOCATED WEST OF
THE NORTHWEST CORNER OF ELLIOT ROAD AND SAN MARCOS
PLACE IN EXCHANGE FOR PAYMENT OF NINE THOUSAND FIVE
HUNDRED NINETY-EIGHT DOLLARS ($9,598.00).

WHEREAS, Salt River Project Agricultural Improvement and Power District (“SRP”) is
improving their facilities that are located west of the northwest corner of Elliot Road and San
Marcos Place (the “Project’’); and

WHEREAS, in order to accommodate the Project, SRP’s electrical facilities located west of the
northwest corner of Elliot Road and San Marcos Place will be upgraded and relocated; and

WHEREAS, SRP requires a new power distribution easement for the relocated facilities (the
“Easement”); and

WHEREAS, SRP will pay the City of Chandler $9,598.00 for the easement; and

WHEREAS, the City of Chandler is willing to grant the Easement to SRP in consideration for
the payment of $9,598.00.

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 the Easement to SRP, through, under and across that certain
property legally described and depicted in Exhibit “A” attached hereto and made a
part hereof by this reference, in consideration for the payment of $9,598.00 from
SRP to the City.

Section 2. That the granting of said Easement shall be in a form approved by the City
Attorney attached hereto as Exhibit “B.”

Section 3. That the Mayor of the City of Chandler, Arizona, is hereby authorized to execute
the Easement and this Ordinance on behalf of the City.

INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of
Chandler, Arizona, this day of 2022.

ATTEST:

CITY CLERK MAYOR

Ordinance No. 5034
Page 2

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. 5034 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

EXHIBIT “A”
(Legal Description and Drawing)

Exhibit “A”

SRP JOB NUMBER: T2124828
SRP JOB NAME: ELLIOT & SAN MARCOS
TTRRSS:1SSE9

AN EASEMENT WITHIN A PARCEL OF LAND AS DESCRIBED AS TRACT “A” ON
RECORDED PLAT IN BOOK 216 OF MAPS, PAGE 01 MARICOPA COUNTY RECORDER
(MCR) LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 1
SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA AS DESCRIBED AS;

COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEING A BCHH
LVI 05-08-2005 (BASIS OF BEARINGS: THE ARIZONA STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD 83 DATUM);

THENCE NORTH 89 DEGREES, 55 MINUTES, 56 SECONDS WEST, A DISTANCE OF
955.28 FEET,

THENCE NORTH 00 DEGREES, 04 MINUTES, 04 SECONDS EAST A DISTANCE OF
50.00 FEET FOR A TIE TO THE POINT OF BEGINNING;

THENCE NORTH 89 DEGREES 55 MINUTES 56 SECONDS WEST, A DISTANCE OF
35.85 FEET;

THENCE NORTH 00 DEGREES, 04 MINUTES, 04 SECONDS EAST A DISTANCE OF
22.00 FEET;

THENCE SOUTH 89 DEGREES, 55 MINUTES, 56 SECONDS EAST A DISTANCE OF 27.75
FEET;

THENCE NORTH 00 DEGREES, | MINUTES, 53 SECONDS WEST, A DISTANCE OF
68.00 FEET;

THENCE SOUTH 89 DEGREES 55 MINUTES, 56 SECONDS EAST, A DISTANCE OF 8.00
FEET;

THENCE SOUTH 00 DEGREES, | 1 MINUTES, 53 SECONDS EAST A DISTANCE OF
90.00 FEET TO A POINT AND THEREON TERMINATING.

SAID EASEMENT CONTAINS AN AREA OF 1,332.70 SQUARE FEET, MORE OR LESS.

END OF DESCRIPTION

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EXHIBIT “B”
(SRP Easement)

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)

POWER DISTRIBUTION EASEMENT

Maricopa County Agt. JMM
Parcel # 302-88-970 Job # LJ63416 / T2124828
SE %4, SEC. 09, TOLS, ROSE W. C_JEP
R/W#
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, its agents, employees, contractors and permittees
and its and their respective successors and assigns, hereinafter called the Grantee, a non-exclusive 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") to construct, install, reconstruct, replace, remove,
repair, operate and maintain underground electrical conductors, conduits, pipes, cables, vaults, pads, switching
equipment, enclosures, manholes and transformers and all other appliances, appurtenances and fixtures
(collectively "Facilities") for the transmission and distribution of electricity and for all other purposes
connected therewith at such locations and elevations, in, upon, over, under, across, through 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 Grantor's Property.

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:

Grantor's Property:

A portion of the Southeast quarter of Section 09, Township 01 South, Range 05 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, as depicted as Tract A in Book 216 of Maps, page
Olin the Office of the County Recorder of Maricopa County, AZ.

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 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 operational area that extends 12.00 feet immediately in front of all

- transformer and other equipment openings. No obstruction, trees, shrubs, fixtures or permanent structures shall
be placed within said areas.

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, or alter ground level by cut or fill,
within the area of the Easement Parcel.

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.

In the event Grantee records a document to formally abandon the easement granted herein, 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.

The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and

shall be binding on the heirs, administrators, executors, personal representatives, legal representatives,
successors (including successors in ownership and estate), assigns and lessees of the Grantor and Grantee.

THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK

IN WITNESS WHEREOF, CITY OF CHANDLER, an Arizona municipal corporation, has caused its
name to be executed by its duly authorized representative(s), this day of »20_.

CITY OF CHANDLER,
an Arizona municipal corporation

By:

Mayor
Attest:

Clerk

APPROVED AS TO FORM:

City Attorney for the
City of Chandler Wy

STATE OF )
COUNTY OF )

On this day of » 20 , before me, the undersigned, personally appeared

and >

the Mayor and Clerk of the CITY OF CHANDLER, an Arizona municipal corporation, and such authorized

representative acknowledged that this document was executed on behalf of the corporation for the purposes
therein contained.

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)@).

Approved Greg Moore, SRP, 3/05-jem—Note: Changes made ancl approved by EMN 7/15/05
SLandforn/Negotiated EasementsiCity of Chandler
Cimaye

Exhibit “A”

SRP JOB NUMBER: T2124828
SRP JOB NAME: ELLIOT & SAN MARCOS
TTRRSS:1S5E9

AN EASEMENT WITHIN A PARCEL OF LAND AS DESCRIBED AS TRACT “A” ON
RECORDED PLAT IN BOOK 216 OF MAPS, PAGE 01 MARICOPA COUNTY RECORDER
(MCR) LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 1
SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA AS DESCRIBED AS;

COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEING A BCHH
LVI 05-08-2005 (BASIS OF BEARINGS: THE ARIZONA STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD 83 DATUM);

THENCE NORTH 89 DEGREES, 55 MINUTES, 56 SECONDS WEST, A DISTANCE OF
955.28 FEET,

THENCE NORTH 00 DEGREES, 04 MINUTES, 04 SECONDS EAST A DISTANCE OF
50.00 FEET FOR A TIE TO THE POINT OF BEGINNING;

THENCE NORTH 89 DEGREES 55 MINUTES 56 SECONDS WEST, A DISTANCE OF
35.85 FEET;

THENCE NORTH 00 DEGREES, 04 MINUTES, 04 SECONDS EAST A DISTANCE OF
22.00 FEET;

THENCE SOUTH 89 DEGREES, 55 MINUTES, 56 SECONDS EAST A DISTANCE OF 27.75
FEET;

THENCE NORTH 00 DEGREES, 11 MINUTES, 53 SECONDS WEST, A DISTANCE OF
68.00 FEET;

THENCE SOUTH 89 DEGREES 55 MINUTES, 56 SECONDS EAST, A DISTANCE OF 8.00
FEET;

THENCE SOUTH 00 DEGREES, | 1 MINUTES, 53 SECONDS EAST A DISTANCE OF
90.00 FEET TO A POINT AND THEREON TERMINATING.

SAID EASEMENT CONTAINS AN AREA OF 1,332.70 SQUARE FEET, MORE OR LESS.

END OF DESCRIPTION

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