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Home My WebLink AboutProperty #: P20-001 - 1/14/2020 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES 20200088366 01/31/2020 03:25 ELECTRONIC RECORDING WHEN RECORDED MAIL TO: 202063301-7-1-1-- amine SALT RIVER PROJECT Land Department/PAB l OW P.O.Box 52025 Phoenix,Arizona 85072-2025 EXEMPT PURSUANT TO A.R.S.§§ 11-1134(A)(2)and (A)(3) POWER DISTRIBUTION EASEMENT P20-001 Maricopa County Agt. CLB Parcel# 102-59-022B Job#LJ75017/T3134302 SE''A,SEC. 18,T02N,ROLE W_e18 c .TP R/W# CITY OF GLENDALE, a municipal corporation of the State of Arizona, hereinafter called Grantor,for and in consideration of the sum of Ten Dollars,and other valuable consideration, receipt and sufficiency 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, and its successors and assigns, hereinafter called Grantee, for use by Grantee and Grantee's employees, contractors, licensees, and invitees, a non-exclusive easement to construct, install, reconstruct, replace, remove, repair, operate and maintain underground electrical conduits and conductors, pipes, cables, switching equipment, transformers, pad-mounted equipment, enclosures, manholes, vaults, and all other appliances, appurtenances and fixtures (collectively,"Facilities")for the transmission and distribution of electricity,communication signals and data, and for all other purposes connected therewith at such locations and elevations, in,upon, over,under, across, through and along the Easement Parcel(defined below),as Grantee may now or hereafter deem convenient or necessary from time to time,together with the right of access to and from the Easement Parcel, over, across, through and along Grantor's Property (defined below) (collectively, the "Easement"). Grantee is hereby authorized to permit others to use the Easement for additional Facilities jointly with or separately from the Grantee for their purposes. The lands in,upon,over,under,across,through and along which the 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 18,Township 02 North,Range 01 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described in SPECIAL WARRANTY DEED Instrument 98-0197401 records of Maricopa County,Arizona. 20200088366 Easement Parcel: Said easement being a strip of land 8.00 feet in width,lying 4.00 feet on each side of the line described as "CENTERLINE OF 8' EASEMENT" delineated on Exhibit "A" (CAMELBACK RANCH PHASE 3, SRP Job No. T3134302), prepared by Salt River Project A.I. & Power District,dated 10/22/2019,said Exhibit"A"attached hereto and made a part hereof. Said easement ALSO to include the equipment pad area as described and/or depicted on said Exhibit"A". 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. The Easement is governed by the following terms and conditions: 1. Modification of Easement Parcel. Grantor acknowledges that field conditions may result in the Facilities being installed within Grantor's Property in a location that is not within the Easement Parcel. After the completion of any construction or installation outside of the Easement Parcel, Grantee shall obtain Grantor's agreement with and execution of an amendment to this Easement modifying the legal description of the Easement Parcel to reflect the actual location of the Facilities(the"Amendment"). Upon the recordation of the Amendment, such revised legal description shall have the same force and effect, and create the same priority of interest,as if recorded concurrently with this instrument. Grantor may consent to the execution and recordation of the Amendment through the exercise of its sole discretion. 2. Prohibited Activities. Grantor shall not, whether directly or indirectly by granting permission, construct,install,or place any building or other structure,plant any trees,drill any wells,store materials of any kind,or alter the ground level,within the Easement Parcel. This paragraph 2 does not prohibit the use of the Easement Parcel for such purposes as landscaping(except trees),paved parking, sidewalks and/or driveways, provided that such use is otherwise in accordance with the terms of this Easement,and does not interfere with the efficient operation and maintenance of the Facilities,including access thereto. To obtain clarification as to whether or not a particular construction activity is prohibited by the first sentence of this paragraph 2,Grantor may request Grantee's prior written approval to grade or install improvements("Work")within the Easement Parcel by submitting all construction, grading, or other development plans, as applicable, describing the proposed Work. Grantee may grant or deny such approval through the exercise of Grantee's sole discretion, provided that Grantee's review and tight to approve shall be limited to whether the proposed Work conflicts with the existing Facilities,including access thereto. Any such approval is hereby subject to Grantor complying with all other provisions of this Easement. 3. Clear Areas. 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 area that extends 12.00 feet immediately in front of all transformer and other equipment openings("Clear Areas"). No improvements,fixtures,trees,shrubs,or other obstructions shall be placed within the Clear Areas. Grantee shall have the right (but not the obligation) to remove any obstructions within the Clear Areas. 20200088366 4. Additional Grantee Rights. Grantee shall have the right(but not the obligation)to trim, cut and clear away trees, brush or other vegetation on, or which encroaches into, the Easement Parcel or the Clear Areas, whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. Grantor agrees that any fences or walls which now cross or hereafter cross Grantor's Property will not prevent Grantee's access to the Easement Parcel or the Facilities. Grantor further agrees that Grantee can use gates on all such fences or walls for such access. 5. Perpetual Nature of Easement. The Easement,and Grantee's rights hereunder, shall be perpetual,and shall not terminate until, and unless abandoned through the recordation of a document formally abandoning the Easement, which references this instrument and is executed and acknowledge by Grantee. Upon such recordation, 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. 6. Successors and Assigns. The benefits and burdens,and the covenants and agreements herein set forth shall run with and burden the land and shall extend and inure in favor and to the benefit of,and shall be binding on Grantor and Grantee and their successors and assigns. 7. Rights and Remedies Cumulative. The rights and remedies hereunder are cumulative,and the exercise of any one or more of such rights or remedies shall not preclude the exercise,at the same or different times, of any other right or remedy available. 8. Private Use. The provisions of this Easement Agreement are not intended to and do not constitute a public utility easement,or any other grant,dedication, or conveyance for public use of the Easement Parcel. 9. Warranty of Title. Grantor represents and warrants that: (i) fee simple title to the Grantor's Property and Easement Parcel is vested in Grantor, and (ii) Grantor has full power and authority to grant the Easement and to perform its obligations under this document. 10. Authority to Bind Grantor. The individual executing this document represents and warrants:(i)that he or she is authorized to do so on behalf of Grantor, and(ii)that he or she has full legal power and authority to bind Grantor in accordance with the terms herein and, if necessary, has obtained all required consents or delegations of such power and authority (whether from any partner, owner, spouse, shareholder, director, member, manager, creditor, investor, developer, governmental authority, judicial or administrative body, association,or other person or entity). REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 20200088366 IN WITNESS WHEREOF, CITY OF GLENDALE, a municipal corporation of the State of Arizona, has caused its name to be executed by its duly authorized representative(s),this 22- day of d mluary ,O- CITY OF GLENDALE, a municipal corporation of the State of Arizona By ., /eiWe—i`— Its C 1'L man or J elbB AimileiL Its c tifiZ) �li�%j/ ' - INVC It) •Clerk __ STATE OF 11-4r 1 411 R ) lM ) ss COUNTY OF C'!ar I c ) The foregoir}g jnstrttmentt was acknowledged before me this 22 day of Ni apiaa r/(� , ,f9),D by l fAf 1l and as and , respectively, of CITY OF GLENDALE,a municipal corporation of the State of Arizona,on behalf of such corporation. ae, No Mill c .11 My Commission Expires: M6w31, ao)3 k_l_ DEANNETORRESNotary PubIiC-St,te of Arsons,[ MARICOPACOUuW Commis on#58325$ Expuas May 31,2023 Notary Stamp/Seal Legal Approved Form_04-20-2017_mcm 20200088366 XHI3IT " A " BETHANY HOME ROAD ALIGNMENT Zi LEGEND JI I I --------- SECTION AND CENTERLINE of I Iz PROPERTY LINE tjiIIF- --- - – CENTERLINE OF 8' EASEMENT ml SITE Ic..72 -------- —– EXISTING EASEMENT AS NOTED ttjal I I SECTION CORNER AS NOTED CAMELBACK ROAD VICINITY MAP (N.T.S. ) T2N. R1E GERM ABBREVIATION TABLE APN ASSESSOR'S PARCEL NUMBER BCHH BRASS CAP IN HAND HOLE SRP SALT RIVER PROJECT FND FOUND UG UNDERGROUND MCR MARICOPA COUNTY RECORDER ROW RIGHT OF WAY N.T.S. NOT TO SCALE BASIS OF BEARINGS: THE ARIZONA STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. NAD 83 DATUM. CAUTION THE EASEMENT LOCATION AS HEREON DELINEATED 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 40-380.21 . ET. SEQ. , ARIZONA BLUE STAKE LAW, PRIOR TO ANY EXCAVATION. NOTES THIS EXHIBIT IS INTENDED TO ACCOMPANY AN EASEMENT. ALL ALL ELECTRIC LINES SHOWN ARE MEASURED PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND TO THE WINDOW OF THE EQUIPMENT PAD NO ATTEMPT HAS BEEN MADE TO VERIFY THE LOCATION OF ANY BOUNDARIES SHOWN. THIS IS NOT AN ARIZONA BOUNDARY SURVEY. UNLESS OTHERWISE NOTED. SALT RIVER PROJECT (�Y77Th SURVEY DIVISION AGRICULTURAL IMPROVEMENT & POWER DISTRICT E-A-JUL ' LAND DEPARTMENT SRP LDWR NUMBER: 19-0868-NR SCALE: N.T.S. 1.0. NUMBER: T3134302 SHEET: 1 OF 3 CAMELBACK RANCH AGENT: BALTRUS SHEET SIZE: 8.5"x11" PHASE 3 DRAWN: MIHELICH REVISION: 0 SE 1 /4 SECTION 18 T2N R1 E CHECKED BY: 14/104,W CREW CHIEF: AERNI 9 . 8 NORTH - O . 8 EAST DATE: 10-22-19 PoUUo- FIELD DATE: 6-18-19 20200088366 EXHI3IT " A " E 1/4 CORNER SECTION 18 FND BRASS CAP FLUSH OBSERVED: 6-18-2019 1 `DI of „ rnL, �I z I a CO t W 0 FINAL PLAT - LOT 7 I �, GLENDALE SPRING TRAINING COMPLEX ,;, Z BOOK 1020 PAGE 39 MCR m W OWNER: CITY OF GLENDALE � I -� Q 98- 0197401 MCR APN 102-59-0228 M SEE DETAIL j N SHEET 3 O Iw I M up IN I o N I _ I 2018-0188224 MCR OWNER: CITY OF GLENDALE N.T.S. APN 102-59-022A I SE CORNER SECTION 18 FND BCHH OBSERVED: 4-4-2019 SALT RIVER PROJECT SURVEY DIVISION AGRICULTURAL IMPROVEMENT & POWER DISTRICT l- )- LAND DEPARTMENT SRP LDWR NUMBER: 19-0668-NR SCALE: N.T.S. I.0. NUMBER:T3134302 SHEET: 2 OF 3 C A M E L B A C K RANCH AGENT: BALTRUS SHEET SIZE: 8.5"x11" PHASE 3 DRAWN: MIHELICH REVISION: 0 SE 1 /4 SECTION 18 T2N R1E CHECKED BY: 4i0.,>0 CREW CHIEF: AERNI 9 . 8 NORTH - 0 . 8 EAST DATE: 10-22-19 Polalo- FIELD DATE: 6-18-19 20200088366 EXHIBIT " A " li I [ c:,1, C o1 .:2I N.T.S. I I IN S89°17'25"W - 128.00' _N89°471241,1-: ----- 33.01'(TIE) in 12.04' 115.96' USA ROW EASEMENT m 08-0601072 MCR IL-c) W Lt ------ I^ Z IQ W \ I- > \ \ o j� Q \ \ - o \ O IM = rCOI N 8' SRP UG � Ngo ELECTRIC EASEMENT wi-m F.11.`3F.11.`3..z-f...) 2011-0473784 MCR a a^ Ia W O I �Qo I-LO I I V)z� "CO SALT RIVER PROJECT C�0°�� SURVEY DIVISION AGRICULTURAL IMPROVEMENT & POWER DISTRICT i )LK II' LAND DEPARTMENT SRP LDWR NUMBER: 19-0868-NR SCALE: N.T.S. 1.0. NUMBER:T3134302 SHEET: 3 OF 3 CAMEL B A C K RANCH AGENT: BALTRUS SHEET SIZE: 8.5"x11" PHASE 3 DRAWN: MIHELICH REVISION: 0 SE 1 /4 SECTION 18 T2N R1E CHECKED BY: ,44/621.)0 CREW CHIEF: AERNI 9 . 8 NORTH - 0 . 8 EAS T DATE: 10-22-19 PoLUo- FIELD DATE: 6-18-19