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Home My WebLink AboutProperty #: C-8952 - 5/27/2014 CITY ',LERK C-8952 tRIGINAL 05/27/2014 NE 1/4-1-2N-1W 33.548383, -112.309535 501-99-004D CCW-14-03 WA173344 JNJ CITY OF GLENDALE-APS UTILITY EASEMENT THE 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"): PARCEL NO. F-1 The Southeast quarter of the Northeast quarter of Section 1, Township 2 North, Range 1 West of the Gila and Salt River Base and Meridian, Maricopa County,Arizona. PARCEL NO.F-2 Lot 1 of Section 1, Township 2 North, Range 1 West of the Gila and Salt River Base and Meridian, Maricopa County,Arizona. AS RECORDED IN INSTRUMENT NUMBER 91-475093 M.C.R. 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 "A" 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 Page 1 of 6 forth in Exhibit"B." 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. 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 and local 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, all as shown on Exhibit "B" attached hereto and made a part hereof. 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 Page 2 of 6 Easement Premises granted in this easement. The easement granted herein shall not be deemed abandoned except upon Grantee's execution and recording of a foimal instrument abandoning the easement. 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 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. [THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 3 of 6 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 day of , 20A. APPROVED AS TO FORM: CITY OF GLENDALE, a municipal corporation fora C Attorney By: A r. Title: prime--- ATT : S City Clerk STATE OF A al-/D rq A } ss. County of M A ci Cq f A } This instrument was acknowledged before me this day of Y I ,2014 by B(mut S, ch ex of C01/ IT)) ,on behalf of exlii of G 1Crtactle, . IN WITNESS WHEREOF I hereunto set my hand and official seal. ALICIA MULLER s+a Pits ICtk-StC otA TY AAARICOPA COUNTY Lattuf. Notary Seal ,Commission18f1, Expires Notary Public Page 4 of 6 EXHIBIT "A" (LEGAL DESCRIPTION AND/EXHIBIT OF EASEMENT PREMISES) A PORTION OF THE NORTHEAST QUARTER OF SECTION 1,TOWNSHIP 2 NORTH,RANGE 1 WEST, GILA AND SALT RIVER MERIDIAN,MARICOPA COUNTY,ARIZONA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUAR 1'ER OF SECTION 1 MARKED WITH A FOUND BRASS CAP IN HANDHOLE, FROM WHICH THE EAST QUARTER CORNER OF SAID NORTHEAST QUARTER OF SECTION 1 MARKED WITH A FOUND 1" IRON PIPE,BEARS SOUTH 00°10'04"WEST,A DISTANCE OF 2613.23 FEET; THENCE SOUTH 44°15'04"WEST A DISTANCE OF 1108.39 FEET FROM THE NORTHEAST CORNER OF SECTION 1,TO THE POINT OF BEGINNING OF SAID EASEMENT HEREIN DESCRIBED. THENCE SOUTH 00°00'00"EAST,A DISTANCE OF 20.33 FEET; THENCE NORTH 90°00'00" WEST,A DISTANCE OF 4.06 FEET; THENCE SOUTH 00°27'26"WEST,A DISTANCE OF 722.86 FEET; THENCE SOUTH 89°26'54"EAST,A DISTANCE OF 182.57 FEET; THENCE SOUTH 17°36'05"EAST,A DISTANCE OF 8.42 FEET; THENCE NORTH 89°26'54" WEST,A DISTANCE OF 193.18 FEET; THENCE NORTH 00°27'26"EAST,A DISTANCE OF 734.78 FEET; THENCE NORTH 90°00'00" WEST,A DISTANCE OF 4.48 FEET; THENCE NORTH 00°00'00"EAST,A DISTANCE OF 6.00 FEET; THENCE NORTH 90°00'00"EAST,A DISTANCE OF 4.00 FEET; THENCE NORTH 00°00'00"EAST,A DISTANCE OF 10.33 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 12.50 FEET TO THE POINT OF BEGINNING OF EASEMENT HEREIN DESCRIBED IN THIS DOCUMENT. Page 5 of 6 EXHIBIT "A" i SKETCH SHOWING LOCATION AND LIMITS OF UTILITY EASEMENT NE COR SEC 1 T 2 R 1W LINE TABLE FND BC IN HH SCALE 1"--,--120' 4I LINE BEARING DISTANCE ,;`dy.h k, L1 S00°00'00"E 20.33' SEE c�1�`�C� L2 N90°00'00"W 4 06' DETAIL c L3 S89°26'54"E 182 57' r L4 S17°36'05"E 8A2' I L5 N89o26W 193.18' L6 90 00'00'W 48' CO N co L7 N00°00'00"E 6 00' z N L8 N90°00'00"E 4.00' 2 I 0 L9 N00°00'00"E 10.33' i Z > Z i J7v Q L10 N90°00`00"E 12.50' ED Q �o w Eo m N- co w `— LL • N > ° r-- ~ 2 I U 0 501-99-004D L10 ,n Q MCR a,, w m CN ° L8 i` i I N -' N J Doo L6 A zcn E1/4COR SEC 1 L2 FND 1T2 IROPIPE N R 1W i L3 DETAIL EXISTING APS EASEMENT PER DOC 2000-0809698 PAGE 6 OF 6 t ; I L3 0 aps LEGEND L5 L4 JOB# WA173344 DATE: 01/15/14 4 EASEMENT AREA NE 1/4 SEC 1 T 2N R 1W — - — SECTION LINE SCALE: 1"= 120' CCW 14-03 SECTION COR AS NOTED R/W: JAYSON JOHNSON MCR MAR!COPA COUNTY RECORDER SURVEY: JOHNSON-TAFT I DRAWN BY: JAYSON JOHNSON OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL Recorded by. ELECTRONIC RECORDING City Clerk's Office 20140357718,06/02/2014 09:26, City of Glendale APSEASEMENT-7-1-1--,N 5850 West Glendale Avenue Glendale, Arizona 85301 CITY OF GLENDALE, ARIZONA DOCUMENT TO BE RECORDED: CITY OF GLENDALE - APS UTILITY EASEMENT (Agreement C-8952) (PLEASE DO NOT REMOVE - THIS IS PART OF THE OFFICIAL DOCUMENT)