HomeMy WebLinkAboutProperty #: P20-012 - 2/25/2020 OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
NE 31 5N 2E ELECTRONIC RECORDING
20200172345,02/28/2020 10:49,
33.737509,-112.192343 P20012-10-1-1--,N
APN 201-07-003T
CCC-19-196
WA459282-NS
BDP,JGF
P20-012
CITY OF GLENDALE APS UNDERGROUND UTILITY EASEMENT
CITY OF GLENDALE, a 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 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. Grantee Facilities shall consist of
underground electric lines and appurtenant facilities. In no event may any overhead electric lines and
associated overhead equipment be installed unless installed temporarily in an emergency to restore power.
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 10
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 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.
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. Grantee shall not have
the right to transfer, convey or assign its interests in this easement to any 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 prior written consent of
Grantor.
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 provisions of this Utility Easement 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 Premises.
Page 2 of 10
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 3 of 10
IN WITNESS WHEREOF, CITY OF GLENDALE, a municipal corporation, has caused this
Utility�li^ Easement to be executed by its duly authorized representative, this 27 day of
i bruar y , 2020.
CITY OF GLENDALE,
a municipal corporation
By: Kevin R.Phil ps
Printed Name
Its: C.I Man CCe,r
Title ✓ J
Si ature
.
STATE OF 1 ? zona }
} ss. r
County of Aar cepd }
This instrument was acknowledged before me this 02:7 day of OL1ttrI ,
2020 by k- e'vin R. Phelps of CITY OF GLENDALE.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Seal: ��'I"' DEANNE T )RRES /
Notary Public-Slate of Ar¢otl�
0
: _, 1�ARIcoPAcouNnr
Not.'Tv bli• ignature
Commission>r 663255
rr� Expires May 31,2023
Page 4 of 10
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EXHIBIT "A"
(LEGAL DESCRIPTION OF GRANTOR'S PROPERTY)
AS RECORDED IN INSTRUMENT NUMBER 19840048806 M.C.R.
Situate in Maricopa County,Arizona:
THAT PORTION of the Northwest quarter of the Northeast quarter of Section Thity-one(31),
Township Five(5)North,Range Two(2)East,of the Gila and Salt River Base and Meridian lying
South of the Southerly right of way line of the Central Arizona Project Canal and being more
particularly described as follows:
BEGINNING at a point at the intersection of the North line of said Section 31 and said Southerly
right-of-way line,which the Northeast corner of said Section 31 bears North 88 degrees 33 minutes 38
seconds East 1.465.02 feet;
thence South 61 degrees 28 minutes 26 seconds East along said Southerly right-of-way line,232.45
feet;
thence, leaving said Southerly right-of-way line, South 01 degrees 04 minutes 09 seconds East. 1202.19
feet;
thence,South 88 degrees 38 minutes 00 seconds West, 1253.58 feet to a point to a point on the North-
South mid-section line of said Section 31;
thence,North 01 degrees 28 minutes 27 seconds West,along said North-South line, 1136.67 feet to the
North quarter corner of said Section 31;
thence,North 88 degrees 33 minutes 38 seconds East,along the North line of said Section 31,a
distance of 1,060.77 feet to the TRUE POINT OF BEGINNING.
Page 5 of 10
EXHIBIT "B" POINT OF COMMENCEMENT
NORTHEAST CORNER, SECTION 31
TOWNSHIP 5 NORTH, RANGE 2 EAST
APN
APN 201-07-002H 201-07-002E
S88°33'37"W_ 2525.79' _ _
1060.77' 1465.02'
1 APN <7
I 201-07-002N
201 0A7 007D I N W
NORTH 1/4 CORNER, SECTION 31
1TOWNSHIP 5 NORTH, RANGE 2 EAST c� 2
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1 o w CITY OF GLENDALE
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I DOC. NO. 1984-0048806 MCR N � a'
APN 201-07-003T 1 oi
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SEE DETAIL 'A' I
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\ _- 1170.79' __ __�
"71 \ \--TPOB S88°38'00"W 1253.58'
PYRAMID HEIGHTS PHASE 2
-p ' BOOK 558 OF MAPS, PAGE 39 MCR
LEGEND
A SECTION CORNER • PROPERTY CORNER
rA EASEMENT AREA MCR MARICOPA COUNTY RECORDER
,i‘gced S \--- PROPERTY LINE TPOB TRUE POINT OF BEGINNING
3851 1
1-11
JOB # WA459282 DATE 12/20/19
RIC3w�D G. T.5N., R.2E., SEC. 31, NE.1/4
ALCOCER N SCALE 1" = 300' SHEET 1 OF 3
le"' //
/` r s,, 1 ,i,, UTILITY EASEMENT
��"� �� A\
� A SURVEY: COFFEY/JACKSON
�I
DRAWN BY: J. SCOTT
Page 6 of 10
EXHIBIT "B"
DETAIL 'A'
L8 L9 L10
L11
L7ca /) L12
L5 / L13
.//\1%/3L14
Ito I \:\ L16
IM
g)I0)1�
I N
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z co co
I -j CITY OF GLENDALE
DOC. NO. 1984-0048806 MCR
I I APN 201-07-0031
I �+
I I TPOB
\ '— - L2 -- S88°38100"W 1253.58'
LEGEND
rim EASEMENT AREA
---- PROPERTY LINE
• PROPERTY CORNER
•i edland � MCR MARICOPA COUNTY RECORDER
/sa, 5't\F ICAT 4.0`••°-
/
/ 33851
RICHARD G. JOB# WA459282 DATE 12/20/19
ALCOCER �9 T.5N., R.2E., SEC. 31, NE.1/4
SCALE 1" = 150' SHEET 2 OF 3
UTILITY EASEMENT
SURVEY: COFFEY/JACKSON
DRAWN BY: J. SCOTT
Page 7 of 10
EXHIBIT "B"
LINE TABLE LINE TABLE
NO. BEARING LENGTH NO. BEARING LENGTH
L1 S61'28'26"E 232.45' L11 S00'00100"E 6.00'
L2 S88'38'00'W 8.00' L12 N90'00'00'W 4.00'
L3 N01'28'27'W 422.26' L13 S00'00'00"E 8.25'
L4 N67'37'18"E 68.35' L14 N90'00'00'W 7.32'
L5 S89'57'48"E 592.27' L15 S42'55'30'W 94.92'
L6 N42'55'30"E 94.14' L16 N89'57'481'W 594.17'
L7 N00'00'00"E 10.82' L17 S67'37'18'W 61.26'
L8 N90'00100"E 11.33' L18 S01'28'27"E 416.77'
L9 S00'00'00"E 4.00'
L10 N90'00'00"E 4.00'
sLo\eF ed LandSurfr
gec.?0,:1\FICATF4 yo,
33851 \
RICHARD G. JOB # WA459282 DATE 12/20/19
ALCOCERo\9
/ T.5N., R.2E., SEC. 31, NE.1/4
,,a S; ,i= y /% / - SCALE NA SHEET 3 OF 3
,
UTILITY EASEMENT
SURVEY: COFFEY/JACKSON
DRAWN BY: J. SCOTT
Page 8 of 10
December 20,2019
LEGAL DESCRIPTION FOR
ARIZONA PUBLIC SERVICE (APS)
CITY OF GLENDALE(WA459282)
That part of the Northeast Quarter of Section 31, Township 5 North, Range 2 East, of the Gila
and Salt River Meridian, Maricopa County,Arizona, more particularly described as follows:
Commencing at the Maricopa County Aluminum Cap, marking the Northeast corner of said
Section 31, from which the Brass Cap flush marking the North Quarter Corner of said Section
31, bears South 88°33'37"West,a distance of 2,525.79 feet;
Thence South 88°33'37" West, along the North line of Said Section 31, a distance of 1,465.02
feet to a point on the most Northernmost,Northeasterly corner of a parcel conveyed in Document
Number 1984-0048806 of the Maricopa County Recorder's office;
Thence South 61°28'26" East, along the Northeasterly line of said parcel, a distance of 232.45
feet to the East line of said parcel;
Thence South 01°04'09" East, along said East line, a distance of 1,202.19 feet to the Southeast
corner of said parcel;
Thence South 88°38'00" West, along said South parcel line, a distance of 1,170.79 to the True
Point of Beginning;
Thence continuing, South 88°38'00" West, along said South line,a distance of 8.00 feet;
Thence North 01°28'27" West,departing the said South line, a distance of 422.26 feet;
Thence North 67°3T18" East, a distance of 68.35 feet;
Thence South 89°57'48" East, a distance of 592.27 feet;
Thence North 42°55'30" East, a distance of 94.14 feet;
Thence North 00°00'00" East,a distance of 10.82 feet;
Thence North 90°00'00" East, a distance of 11.33 feet;
Thence South 00°00'00" East,a distance of 4.00 feet;
Thence North 90°00'00" East,a distance of 4.00 feet;
Thence South 00°00'00" East, a distance of 6.00 feet;
Thence North 90°00'00" West, a distance of 4.00 feet;
Thence South 00°00'00" East,a distance of 8.25 feet;
Thence North 90°00'00" West,a distance of 7.32 feet;
Thence South 42°55'30" West, a distance of 94.92 feet;
Thence North 89°5748" West,a distance of 594.17 feet;
Thence South 67°3718" West,a distance of 61.26 feet;
Page 9 of 10
Thence South O1°28'27" East, a distance of 416.77 feet to the True Point of Beginning.
Containing 0.220 Acres, more or less.
Pio LAND ,r`.
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33851 O �<
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Page 10 of 10