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HomeMy WebLinkAboutProperty #: C-8766 - 1/14/2014 i T y C-8766 oRIGINAL 01/14/2014 SEl/a SEC 12N 1W LAT/LONG: 33.547057,-112.310979 APN 501-99-004D WA148273 MC UTILITY EASEMENT CITY OF GLENDALE, (hereinafter called"Grantor"), is the owner of the following described real property located in Maricopa County,Arizona(hereinafter called"Grantor's Property"): The Southeast quarter of Northeast quarter of Section 1,Township 2 North,Range 1 West,of the Gila and Salt River Base and Meridian,Maricopa County,Arizona. And,Lot 1 of Section 1,Township 2 North,Range 1 West,of the Gila and Salt River Base and Meridian,Maricopa County,Arizona. 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 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"): Basis of Bearings for this legal description;from the Northeast Corner of Section 1,Township 2 North, Range 1 West,monumented by a Brass Cap,to the East Quarter corner of said Section 1,monumented by an Aluminum Cap,South 00 degrees 09 minutes 55 seconds West. BEGINNING at the East quarter corner of section 1,Township 2N,Range 1W of the Gila and Salt River Base and Meridian; thence North 89 degrees 20 minutes 32 seconds West a distance of 1284.97 feet; to The True Point of Beginning; thence North 00 degrees 13 minutes 11 seconds West 2568.79 feet; thence North 89 degrees 06 minutes 00 seconds West 25.00 feet; thence South 00 degrees 13 minutes 11 seconds East 2568.89 feet; thence South 89 degrees 20 minutes 32 seconds East 25.00 feet to The True Point of Beginning. The above described Easement Premises contains;64,221.05 Square Feet or 1.474 Acres. SEE EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF Page 1 of 3 Grantee is hereby granted the right within the Easement Premises 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; install, operate and maintain telecommunication wires, cables, conduits, fixtures and facilities incidental to supplying electricity or for Grantee's own use (said electrical and telecommunication lines,facilities and fixtures collectively herein called "Grantee Facilities"); utilize the Easement Premises for all other purposes connected therewith; and permit the installation of the wires, fixtures, conduits,or cables of any other company. 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. 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. 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 the right to use the Easement Premises for purposes 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, 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, 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 agrees that following any installation, excavation, maintenance, repair, or other work performed by Grantee within the Easement Premises,the affected area will be restored by Grantee to as close to original condition as is reasonably possible, at the expense of Grantee; and that Grantee shall indemnify Grantor, to the extent required by law, for any loss, cost or damage incurred by Grantor as a result of any negligent installation, excavation, maintenance, repair or other work performed by Grantee within the Easement Premises. The easement granted herein shall not be deemed abandoned except upon Grantee's execution and recording of a formal instrument abandoning the easement. 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, successors in ownership and estate, assigns and lessees of Grantor and Grantee. Page 2 of 3 IN WITNESS WHEREOF, CITY OF GLENDALE has caused this Utility Easement to be executed by its duly authorized representative,this ILI day of 1-(1,11,01, , 2014. CITY F GLENDALE D By: ??w h Printed Name Its: Tit1 ;0 Signature STATE OF Al /ona �n ss. County of 1 ' O. 1 Cp y O- } This instrument was acknowledged before me this n day of J U C-'L) ,2014 by f-e o s ° 5CY eri UL curia-9-ei'K (Grantor). IN WITNESS WHEREOF I hereunto set my hand and official seal. ALICIA MULLER I l/1...-fk ►a; Nasty Public-Stale of Ancona+ Notary Seal: aAafifeoPnfourfn =�+ aay Commisaton Exp+res Notary Public Signature November 14,2016 AT ST; \ n mt.rt .4 /19.., City Clerk Approved ti4 tOffil Page 3 of 3 EXHIBIT "B" SKETCH SHOWING LOCATION AND LIMITS OF . UTILITY EASEMENT NE COR., SECTION 1 FND. B.C. HH NORTHERNPARKWAY S89°06'00"E 1327.63' S89°E 06'007_E 1327.63' L2 – – (BASIS OF BEARINGS) Li j 1589°06'00"E 1302.29' Ii N 1/4 COR., SECTION 1 g FND. B.C. FLUSH ' I 25' I 11480 W. GLENDALEAVE., GLENDALE,AZ 85307 APM 501-99-004D LINE TABLE °" °' 1 cc.' I0 2I(0 LINE BEARING DISTANCE N /, N N r I Ll 500°13'11"E 50.01' w 1 o - L2 589°06'00"E 25.00' r.. r -6 E0 N10 T % T 0 L3 N89°20'32"W 25.00' ° %% ° 1 g 0 Z : 0 cn r 1 1 I APS EASEMENT AREA 64,221.05 SF. OR 1.474 ACRES1 25' 1 1 . CENTER OF SECTION 1 CALC.POSITIONE 1/4 COR., SECTION 1 i-- FND. ALUM.CAP. ij– N89°20'32"W 1309.97' _ _ N89°20'32"W J 1284.97' – • L3 LEGEND JOB# WA148273 DATE: 11/06/2013 NE 1/4 SEC 1 T 2N R 1W ///�A EASEMENT AREA • PROPERTY CORNER SCALE 1"=400' R/W: MICHAEL CAGLIO 1 —-— SECTION LINE o MONUMENT SURVEY: RINDA-JACKSON – - - – PROPERTY LINE DRAWN BY: J.RINDA PG. 1 OF 1