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Home My WebLink AboutProperty #: P18-045 - 11/13/2018 SW264N1E 33.655987, -112.234309 APN 200-30-983L CCW-18-43 WA413261 SER RLM UTILITY EASEMENT P 18-045 CITY OF GLENDALE, a municipal corporation of the State of Arizona, (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 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 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. Page 1 of 4 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. 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 EaOt ent 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. By accepting and utilizing this easement, Grantee agrees that following any installation, excavation, maintenance, repair, or other work by Grantee within the Easement Premises, the affected area will be restored by Grantee to as close to original condition as is reasonably practicable, 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 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. Page 2 of 4 IN WITNESS WHEREOF, CITY OF GLENDALE, a municipal corporation of the State of Arizona, has caused this Utility Easement to be executed by its duly authorized representative, this Zo day of NoJcw\ger ,2016 . CITY OF GLENDALE, a municipal corporation of the State of Arizona By: KevinR.Phelps Printed Name Its: Cil'M11 11 n/1 t0�na jer Title 1 J Si atu ,,Z/ STATE OF nntona } Mari /� ss. County of copa. } y� p This instrument was acknowledged before me this 20 day of IVD V-cm her ,201 & by l i i1 R. itli d of CITY OF GLENDALE- IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Seal: ,, 'Puilic Signatu - e�.• • D�EANNE BURT Miz icceoh eo MaY • Myeamm"sdm E�kesMry 31,2019 Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR'S PROPERTY A PARCEL OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT#1990-477021, OFFICIAL RECORDS OF THE COUNTY RECORDER, MARICOPA COUNTY, ARIZONA. Page 4 of 4 • S89° 58' 56"W — 676.58' 382.76' / \ 285.82' N08° 33'44"E — ( f 0.24' 1 I 1 co — �' I n N ...... .. — . toi I /' I• ' 3I / I I / S89° 58'56"W 676.58' 01 • 382.76' 8.00'•— 285.82' I 0 / N00° 19'49"E 0 800° 19'49"W % \ O co, I 14.44' 14.44' • o IX S89°58'56"W / 589° 58'56"W I I Si w 1 I 1.12' j 9.13' • 1� Q T 1 S00° 01' 04"E N00° 01'04"W 1 z 15.33' 15.33' / I c9 N89°58'56"E I o m • 18.25' / o U) ao \ / o 0 0 In - DETAIL SCALE: / 1 z re 1'=40' i' ,. N1 I o>I CITY OF GLENDALE 0 DOC. #1990-477021 MCR w I APN 200-30-983L 1 1 w I re N89° 41'09"E 741.21' 1H1S89 p I- S00° 02'00"E 1 I 0 m v N 169.85'1 1 , z YSOUTHWEST CORNER SECTION 26, T4N, R1E NOS°21 93"E 169.36'1614.86' (M) 1010.74'(R) — S89° 58'00"W(R) 2625.60' (M) (BASIS OF BEARING) LEGEND UNION HILLS DRIVE r • EASEMENT AREA —-— MONUMENT LINE • — — PROPERTY LINE . TIE LINE 0 aps EXHIBIT "B" • PROPERTY CORNER ® MONUMENT JOB# WA413261 DATE: 5/17/2018 A REFERENCE POINT SW 1/4 SEC 26 T4N R1E MCR MARICOPA COUNTY RECORDER SCALE: 1"= 200' APN ASSESSORS PARCEL NUMBER m R/W: S. REVORD (R) RECORD 'z SURVEY: E. COFFEY, R.JACKSON (M) MEASURED Z DRAWN BY: E. SERAFIN PAGE 1 OF 1 i y �.. , ' 4`•:“}f' ' r T 1" :r i at,�v t i.. • e Ns �' 'i � J�;d��l `�yi Etta 'I.:. °C.b+"�&e�1` f, �. �;rt Y� - ,� SAY � I rY.• •atii sal °-A y� .;,,,,,,,:.•.! ,:t 7),. t a. ,1-_'! L ' t,.�• ,`l .,V :E 4� ' 7F 't :"gam s. r s + ; , '$ r , f i L. C xcx • ` _ 4 w II twit "rf ,,ri,-.�+ jx -ss� M1 t r� 1yti' i ,c . /i.t ‘,111 t 4 a rc w,t t • 1��lra'+ 6.sc�. J. il .!Arrow0-- s , l` � '� • n` f s� •Sirtt fi,-.--•-•••"'L ,r.-+ FWi� p �r ' r - 1 g..l�r ,:. -"I -�. yk� treat " ' ' a �4 ; swt4 --; first! iirt , � W , , ( tiex 3 9 =a..< `�` ,1 �4) r�t. 'Ali:". Vet EASEMENT TO ARIZONA PUBLIC SERVICEclisqlitig;PC''''''sibr„...1 At Arrowhead Water Treatment Plant West of Loop 101 and North of Deer Valley Drive GLEND4L E