HomeMy WebLinkAboutProperty #: P18-039 - 8/21/2018 SW305N2E
33.741179, -112.187750
APN 204-19-002H
WA42R1999 LM P 18-039
BDP, CITY OF GLENDALE
APS
UTILITY EASEMENT
THE CITY OF GLENDALE, an Arizona municipal corporation, (hereinafter called
"Grantor"), is the owner of the following described real property located in Maricopa County, Arizona
(hereinafter called"Grantor's Property"):
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Grantor, for and in consideration of One Dollar ($1.00) and other valuable consideration, receipt of
which is hereby acknowledged, does hereby grant and convey to ARIZONA PUBLIC SERVICE
COMPANY, an Arizona corporation, (hereinafter called "Grantee"), and to its successors and assigns, a
non-exclusive right, privilege, and easement, 8 feet in width or as further described in attached exhibits at
locations and elevations, in,upon,over,under,through and across, a portion of Grantor's Property described
as follows (herein called the"Easement Premises"):
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
Grantee is hereby granted the right to: construct, reconstruct, replace, repair, operate and maintain
electrical lines, together with appurtenant facilities and fixtures for use in connection therewith, for the
transmission and.distribution of electricity to, through, across, and beyond Grantor's Property; and install,
operate and maintain telecommunication wires, cables, conduits, fixtures and facilities solely for Grantee's
own use incidental to supplying electricity (said electrical and telecommunication lines, facilities and
fixtures collectively herein called "Grantee Facilities"). Grantee Facilities shall consist of underground
electric lines and appurtenant facilities including pad mounted equipment, the locations of which are set
forth in Exhibit "C." In no event may any overhead electric lines and associated overhead equipment be
installed unless in an emergency to restore power. Grantee shall at all times have the right of full and free
ingress and egress to and along the Easement Premises for the purposes herein specified.
Grantee is hereby granted the right, but not the obligation, to trim,prune, cut, and clear away trees,
brush, shrubs, or other vegetation on, or adjacent to, the Easement Premises whenever in Grantee's
judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted.
Page 1 of 6
Grantor shall not locate, erect or construct, or permit to be located, erected or constructed, any
building or other structure or drill any well within the limits of the Easement Premises; nor shall Grantor
plant or permit to be planted any trees within the limits of the Easement Premises without the prior written
consent of Grantee. However, Grantor reserves all other rights, interests and uses of the Easement Premises
that are not inconsistent with Grantee's easement rights herein conveyed and which do not interfere with or
endanger any of the Grantee Facilities, including, without limitation, granting others the right to use all or
portions of the Easement Premises for utility or roadway purposes and constructing improvements within
the Easement Premises such as paving, sidewalks, landscaping, driveways, and curbing. Notwithstanding
the foregoing, Grantor shall not have the right to lower by more than one foot or raise by more than two feet
the surface grade of the Easement Premises without the prior written consent of Grantee, and in no event
shall a change in the grade compromise Grantee's minimum cover requirements or interfere with Grantee's
operation,maintenance or repair. -
Grantee shall not have the right to use the Easement Premises to store gasoline or petroleum
products, hazardous or toxic substances, or flammable materials; provided however, that this prohibition
shall not apply to any material, equipment or substance contained in, or a part of, the Grantee Facilities,
provided that Grantee must comply with all applicable federal, state andlocal laws and regulations in
connection therewith. Additionally,the Easement Premises may not be used for the storage of construction-
related materials or to park or store construction-related vehicles or equipment except on a temporary basis
to construct,reconstruct,replace,repair, operate, or maintain the Grantee Facilities.
Grantor shall maintain clear areas that extend: 1) 3 feet from and around all edges of all switching
cabinet pads and 2 feet from and around all edges of all transformer pads and other equipment pads, and 2)a
clear operational area that extends 10 feet immediately in front of all transformer, switching cabinet and
other equipment openings, and 3) a 6 feet by 6 feet hot-stick operating area off the front left corner of all
transformers.No obstructions,trees, shrubs, large landscape rocks, fences, fixtures, or permanent structures
shall be placed by Grantor within said clear areas; nor shall Grantor install landscape irrigation or sprinkler
systems within said clear areas. Landscape irrigation or sprinkler systems installed adjacent to the clear
areas shall be installed and maintained so that the transformers, switching cabinets or any other equipment
do not get wet by spray or irrigation.
Grantee shall exercise reasonable care to avoid damage to the Easement Premises and all
improvements thereon and agrees that following any installation, excavation, maintenance, repair, or other
work by Grantee within the Easement Premises, the affected area, including without limitation, all
pavement, landscaping, cement, and other improvements permitted within the Easement Premises pursuant
to this easement will be restored by Grantee to as close to original condition as is reasonably possible, at the,
expense of Grantee.
Grantor reserves the right to require the relocation of Grantee Facilities to a new location within
Grantor's Property; provided however, that: (1) Grantor pays the entire cost of redesigning and relocating
Grantee Facilities; and(2) Grantor provides Grantee with a new easement in a form and location acceptable
to Grantee and at no cost to Grantee. Upon the acceptance by Grantee of a new easement and after the
relocation of Grantee Facilities to the new easement area, Grantee shall abandon its rights to use the
Easement Premises granted in this easement. The easement granted herein shall not be deemed abandoned
except upon Grantee's execution and recording of a formal instrument abandoning the easement.
Page 2 of 6
If any of Grantee's electric facilities in this easement are not being used or are determined not to be
useful, Grantor may request that the facilities that are no longer needed be removed and that portion of the
easement be abandoned. Grantee will execute and record a formal instrument abandoning the easement, or a
portion thereof. Any facilities that are determined to still be needed for Grantee's electrical system can be
relocated pursuant to the above relocation requirements.
Grantee shall not have the right to transfer, convey or assign its interests in this easement to any
individual, corporation, or other entity (other than to an affiliated entity of Grantee or an entity that acquires
from Grantee substantially all of Grantee's electric distribution facilities within the area of Grantor's
Property) without the prior written consent of Grantor, which consent shall not be unreasonably withheld.
Grantee shall notify Grantor of the transfer,conveyance or assignment of any rights granted herein.
The covenants and provisions herein set forth shall extend and inure in favor and to the benefit of,
and shall be binding on the heirs, administrators, executors, successors in ownership and estate, assigns and
lessees of Grantor and Grantee.
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Page 3 of 6
IN WITNESS WHEREOF, City of Glendale, an Arizona municipal corporation, has caused
this Utility Easement to be executed by its duly authorized representative, this 2J ay ofaMIA*, 201$.
APPROVED AS TO FORM: CITY OF GLENDALE,
an Arizona municipal corporation
Atto z.
By: y2e•t- ,-A,ZX
Its:
ATTEST:
Ph 4114j .
01 City Clerk
STATE OF Ariz/Ono. }
} ss.
County of }
This instrument was acknowledged before me this 2( day of AU 116-r ,20/by
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ft/K� /hL4 . Pk3 ,€� Cs /l 1VIJ+1 vr , on behalf of
AN o-F 0(epdale..
IN WITNESS WHEREOF I hereunto set my hand and official seal.
""''� DEANNE BURT
"`"" Notary Public-State of Arizona
I. � MARICOPACOUNT?
,,,o • My Commission Expires May 31,2019
111 1
Of-cH
Notary Seal ' / i
Notary Public
Page 4 of 6
EXHIBIT "A"
(LEGAL DESCRIPTION OF GRANTOR'S PROPERTY)
AS RECORDED IN INSTRUMENT NUMBER 19970431185 M.C.R.
Escrow#: 9620018672
That portion of the South half of the Southeast quarter of Section Thirty(30),Township Five(5)
North,Range Two(2)East of the Gila and Salt River Base and Meridian,Maricopa County,Arizona,
more particularly described as follows:
BEGINNING at the South quarter corner of said Section 30,said point being identical to the North
quarter corner of Section 31,as shown on RESULTS OF SURVEY,recorded in Book 252 of Maps,
page 33,Records of Maricopa County,Arizona;
Thence North 88 degrees 33 minutes 338 seconds East,along the South line of the Southeast quarter
of said Section 30,a distance of 666.14 feet;
Thence North 01 degrees 26 minutes 22 seconds West,a distance of 459.91 feet,to a point on the
Southwesterly right of way line of the Central Arizona Project,as described in Docket 11511,page
1290,Records of Maricopa County,Arizona;
Thence North 39 degrees 43 minutes 56 seconds West,along said Southwesterly line,a distance of
1024.36 feet,to a point on the West line of the Southeast quarter of said Section 30;
Thence South 00 degrees 01 minutes 06 seconds East,along the West line of the Southeast quarter of
said Section 30,a distance of 1264.27 feet,to the Point of Beginning.
Page 5 of 6
EXHIBIT "B"
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ARIZONA PUBLIC SER VICE COMPANY
SKETCH SHOWING THE LOCA TION AND
LIMITS OF UTILITY EASEMENT
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EASEMENT FROM CITY TO ARIZONA PUBLIC SERVICE COMPANY Ira
PYRAMID PEAK WATER TREATMENT PLANT
EAST OF PYRAMID PEAK PARKWAY AND SOUTH OF CAP GLEND. 1LE
OFFICIAL RECORDS OF
Recorded by: MARICOPA COUNTY RECORDER
City Clerk's Office ADRIAN FONTES
ELECTRONIC RECORDING
City of Glendale 20180634126,08/22/2018 09:28,
5850 West Glendale Avenue PI8039-8-1-1--,N
Glendale, Arizona 85301
CITY OF GLENDALE, ARIZONA
DOCUMENT TO BE RECORDED:
Utility Easement
(Agreement P18-039)
(PLEASE DO NOT REMOVE — THIS IS PART OF THE OFFICIAL DOCUMENT)