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HomeMy WebLinkAboutProperty #: P20-011 - 2/25/2020 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER NE/SE 7 2N 1E ADRIAN FONTES 33.528787,-112.297840 ELECTRONIC RECORDING APN 102-59-001W,OO1X 20200171945,02/28/202010:23, P20011-9-1-1--,N CCW-20-8 WA471008 SER RLM UTILITY EASEMENT P 20-011 THE CITY OF GLENDALE, an Arizona 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 9 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, taxiway, apron 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 9 IN WITNESS WHEREOF, THE CITY OF GLENDALE, an Arizona municipal co oration, has cau 4 this Utility Easement to be executed by its duly authorized representative, this L7 day of rqkv' ,202 . THE CITY OF GLENDALE, an Arizona municipal corporation By: Kevin 'R.P het pr- Printed Printed Name Its: C i Ali mana.Oer Title .,%,e,,e," Signa re r STATE OF PiZ4t2C. } � /� } ss. / l County of ! ar�t i CCD , } This instrument was acknowledged before me thisil day of Fet iVCUh1 ,202_ by )41, 14 'jR . P14 elpS of THE CITY OF GLENDALE. IN WITNESS WHEREOF I hereunto set my hand and official seal. 4'z"� DEANNE TORRES 0 Notary Seal: • Nolary Public-State of Arizpp 'i i MARICOPA COUNTY �� Commission#3 563253 No:ti"' , I is Signature �� Expires May 31,2023 Page 3 of 9 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR'S PROPERTY A PARCEL OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT#1983-0522847, OFFICIAL RECORDS OF THE COUNTY RECORDER,MARICOPA COUNTY,ARIZONA. -ALSO- A PARCEL OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT#2002-0283372, OFFICIAL RECORDS OF THE COUNTY RECORDER,MARICOPA COUNTY,ARIZONA. Page 4 of 9 NORTH 1/4 CORNER EXHIBIT "B" NORTH EAST CORNER SECTION 7 SECTION 7 TOWNSHIP 2 NORTH TOWNSHIP 2 NORTH RANGE 1 EAST RANGE 1 EAST POINT OF COMMENCEMENT GLENDALE AVENUE _ S89°16'04"E 2639.98' 1151.28' rL25 to 1488.70' 29 yik. J ry�i i> L2 �, l �� I N O �\� � p0 00 <0 , APN 102-60-003T v 0 o� v. Q? eo� CITY OF sof oma, GLENDALE ,/ �t cryo DOC. NO. /, r 1983-0522847 MCR rn tiAPN 102-59-001W ;� o o 1.*\_ R. cp ti,3 � o^. Q P.U.E. ti� o Q- J I / DOC. NO. , i 2012-0097945 MCR /6 a h Q f/0"D ° ,0 0 531°51'48"W ,/ / o� 998.83'�r? SEE SHEET 3 Q? leted Lands, S87°39'23"W 1870.34' ZO`e‘\FICATFN-1-o 0 APN 102-59-008Y 33851 RICHARD G. ALCOCER o�0 ,..14), ned:.•• ,i../ LEGEND 9110r 41 A SECTION CORNER �'////f� EASEMENT AREA i JOB # WA471008 DATE 1/27/2020 —--— PROPERTY LINE N T. 2N., R. 1E., SEC. 7, NE 1/4 • PROPERTY CORNER SCALE N/A SHEET 1 OF 3 P.U.E. PUBLIC UTILITY EASEMENT UTILITY EASEMENT MCR MARICOPA COUNTY RECORDER SURVEY: ELLIS DRAWN BY: L.JOHN N:\01\0264901\Cadd\WA471008\VX.WA471008.EXHIBIT.dwg LynJ January 27, 2020 Page 5 of 9 ) EXHIBIT "B" / N 63`4 czp I/ 6' 94. 84„14/ oycv h , i)/ , eco op 6 A,/ h CITY OF GLENDALE K.�"'� _`� �' DOC. NO. 1983-0522847 MCR /' APN 102-59-001W LEASE AREA 4/630 cio 6 • M �ry APN 102-59-001X �704'q f, co ,moo. DOC. NO. •66, �., c ' ' 2002-0283372 MCR SSB,, TRUE POINT ',./ 8' P.U.E. OB, OF BEGINING 7 72, ,, DOC. NO. 2598' 2007-1096433 MCR C\, L24 ^o•.03 (o L23 ,' �(\, L22 ' -' L21 i L5 L20 L19 $ S63 46 44, ^�j co 04.E v/ or tiered Landsti oror �%°06\FI CATfNoyo, LEGEND ilii S• 33851 J SECTION CORNER or RICHARD ER _„� �'/////,I EASEMENT AREA ti� i — PROPERTY LINE qtfes;. _�•',.�'P �� • PROPERTY CORNER R 00 /Z�' f//// a i co P.U.E. PUBLIC UTILITY EASEMENT ht '% ? MCR MARICOPA COUNTY RECORDER L15 i L14 i JOB# WA471008 DATE 1/27/2020 L13 �r T. 2N., R. 1E., SEC. 7, NE 1/4 L12 /4",% 0 SCALE 1"= 60' SHEET 2 OF 3 .� UTILITY EASEMENT L11 L9 SURVEY: ELLIS L10 DRAWN BY: L.JOHN N:\01\0264901\Cadd\WA471008\VX.WA471008.EXHIBIT.dwg LynJ January 27,2020 Page 6 of 9 EXHIBIT "B" LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH L1 N00'43'56"E 33.00' L16 N26'17'09"E 186.75' L2 S00'43'56"W 341.36' L17 N09'06'30'W 19.86' L3 N63'46'04'W 292.58' L18 N25'48'15"E 73.41' L4 S01'00'03'W 743.76' L19 N64'58'33'W 1.64' L5 S65'08'24"E 12.06' L20 N25'34'24"E 4.00' L6 S26'13'56'W 88.76' L21 N64'25'36'W 6.00' L7 S09'06'30"E 20.45' L22 N25'34'24"E 6.00' L8 S26'17'09'W 200.35' L23 S64'25'36"E 4.00' L9 N63'45'59'W 15.70' L24 N25'34'24"E 8.15' L10 S26'24'23"W 1.95' L25 S89'16'04"E 300.00' L11 N63'35'37'W 9.90' L26 S00'43'56"W 341.36' L12 N26'24'23"E 17.00' L27 S63'46104"E 539.21 ' L13 S63'35'37"E 7.90' L28 N26'13'56"E 635.40' L14 S26'24'23'W 4.00' L29 S89'16'04"E 428.02' L15 S63'45'59'E 9.68' tie<ed Landsa �,,0 co\F ICAre4,hyo 33851 RICHARD G. JOB # WA471008 DATE 1/27/2020 ALCOCER # T. 2N., R. 1E., SEC. 7, NE 1/4 ti q fcs''Ded . ./ SCALE N/A SHEET 3 OF 3 4)/ 0/1A, ✓ // UTILITY EASEMENT Fe SURVEY: ELLIS DRAWN BY: L.JOHN N:\01\0264901\Cadd\WA471008\VX.WA471008.EXHIBIT.dwg LynJ January 27, 2020 Page 7 of 9 January 27, 2020 LEGAL DESCRIPTION FOR CITY OF GLENDALE ARIZONA PUBLIC SERVICE UTILITY EASEMENT That part of Section 7, Township 2 North, Range 1 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the Brass Cap Monument marking the North Quarter Corner of said Section 7, from which the Brass Cap Monument marking the Northeast Corner of said Section 7, bears South 89°16'04" East, a distance of 2639.98 feet; Thence South 89°16'04" East, along said monument line, a distance of 1151.28 feet; Thence South 00°43'56" West, a distance of 33.00 feet,to the most Northwesterly corner of a City of Glendale Parcel Recorded in Document No.1983-0522847 Maricopa County Records, Thence along the Westerly boundary line of said City of Glendale Parcel the following five (5) courses: Thence South 00°43'56" West, a distance of 341.36 feet; Thence South 26°13'56" West, a distance of 1755.60 feet; Thence North 63°46'04" West, a distance of 292.58 feet; Thence South 01°00'03" West, a distance of 743.76 feet; Thence South 31°51'48" West, a distance of 190.25 feet; Thence South 58°08'12" East, departing said West line, a distance of 251.98 feet to the True Point of Beginning; Thence South 65°08'24" East, a distance of 12.06 feet; Thence South 26°13'56" West, a distance of 88.76 feet; Thence South 09°06'30" East,a distance of 20.45 feet; Thence South 26°17'09" West, a distance of 200.35 feet; Thence North 63°45'59" West, a distance of 15.70 feet; Thence South 26°24'23" West, a distance of 1.95 feet; Thence North 63°35'37" West, a distance of 9.90 feet; Thence North 26°24'23" East, a distance of 17.00 feet; Thence South 63°35'37" East, a distance of 7.90 feet; Thence South 26°24'23" West, a distance of 4.00 feet; Thence South 63°45'59" East, a distance of 9.68 feet; Thence North 26°17'09" East, a distance of 186.75 feet; Thence North 09°06'30" West, a distance of 19.86 feet; Thence North 25°48'15" East, a distance of 73.41 feet; Page 8 of 9 Thence North 64°58'33" West, a distance of 1.64 feet; Thence North 25°3424" East, a distance of 4.00 feet; Thence North 64°25'36" West, a distance of 6.00 feet; Thence North 25°34'24" East, a distance of 6.00 feet; Thence South 64°25'36" East, a distance of 4.00 feet; Thence North 25°3424" East, a distance of 8.15 feet to the True Point of Beginning. Containing 0.064 Acres, more or less. CO LAN P CA SG c, 33851 q -c w RICHARD G. ALCOCER p �D S�gned.I. q• .l ,=.pi, Page 9 of 9