Loading...
HomeMy WebLinkAboutProperty #: P21-009 - 4/27/2021 SE12N1W 33.537243/-112.308712 501-54-016 WA501406 RT/PB UTILITY EASEMENT P21 -009 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"): The East half of the Southeast quarter of Section 1, Township 2 North, Range 1 West, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; Except the South 65 feet thereof for road. 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 "A" 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 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 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 9 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, thisC, day of / CO , 2021. APPROVED AS TO FORM: CITY OF GLENDALE, a municipal corporation K i i\t- �- Eity Attorn y By: Title: ATTEST: ac -orlu e, City Clerk STATE OF ArIzoVia } Nit ss. County of M it r to pa } This instrument was acknowledged before me this . day of /Y1ii y , 2021 by U 1 ._r,K rr-b .e.d I • , , on behalf of City of Glendale, a municipal corporation of ! n p m the State of Arizona. IN WITNESS WHEREOF I hereunto set my hand and official seal. DEANNE TORRES Notary Public-State of Arizortta _ MARICOPA COUNTY Commission#563255 Expires May 31,2023 Notary Seal L Notary Public Page 3 of 9 EXHIBIT "A" APN: 501-54-016 OWNER: CITY OF GLENDALE /_ tio DEED #1999-0382433, M.C.R. w 60370 O cC A.L. SLATER D3 0 01/04/21,. 9,0 %fled.•''• P. L10 L11 SEE DETAIL "A" i12 ir SHEET 2 ��� �Y L2 / \ L8 llll / L14 L18 POINT OF BEGINNING w `n o in 00 N O O N Z l 65' GLENDALE AVENUE R/W 2021.83' 561.82' . • N89'34'45"W 2583.65' BASIS OF BEARING SOUTH QUARTER CORNER SOUTHEAST CORNER SEC. 1, T2N, R1W SEC. 1, T2N, R1 W FOUND BRASS CAP FLUSH FOUND BRASS CAP IN HANDHOLE POINT OF COMMENCEMENT APS - 231875 11550 W. GLENDALE AVE JOB# P5224 DWG: 231875 GLENDALE DATE: 01/04/21 GLENDALE, ARIZONA 85307 SCALE: 1"=100' DRAWN: TS CHECK: JAS SHEET: 1 OF 4 Page 4 of 9 EXHIBIT "A" LINE TABLE LINE TABLE LINE DIRECTION LENGTH LINE DIRECTION LENGTH L1 N00°03'11"E 26.00' L10 S89'56'49"E 14.41' L2 S89°56'49"E 120.20' L11 S00°03'11"W 8.00' L3 S00°03'11"W 2.69' L12 N89°56'49"W 6.41' L4 S89°56'49"E 68.48' L13 SOO°03'11"W 95.80' L5 N00'03'11"E 5.22' L14 N89°56'49"W 167.43' L6 S89°58'53"E 25.32' L15 NOO°03'11"E 2.78' L7 S00°03'11"W 8.01' L16 N89°56'49"W 72.49' L8 S89°56'49"E 138.11' L17 S00°03'11"W 15.31' L9 N00°03'11"E 95.80' L18 N89°56'49"W 120.20' DETAIL "A" - - - i L6 / Q.�iF�` "2 —ii, L3 L4 J 1N \ (7 — W 60370 O cc A.L. SLATER Do 1 r--- ---- ---- --__ I a 01/04/21.. \ L16 L15 —— —--J reSigned..•' P. \ I.— -I Signed.***U \ I J // .. \APS - 231875 - - - - - - - - - - - - - - - ' 11550 W. GLENDALE AVE JOB# P5224 DWG: 231875 GLENDALE DATE: 01/04/21 GLENDALE, ARIZONA 85307 SCALE: 1"=20' DRAWN: TS CHECK: JAS SHEET: 2 OF 4 Page 5 of 9 EXHIBIT "A" LEGAL DESCRIPTION ARIZONA PUBLIC SERVICE APS—231875 - GLENDALE Page 3 of 4 AN EASEMENT OVER A PORTION OF THE PROPERTY AS RECORDED IN DOCUMENT NUMBER 1999-0382433, RECORDS OF MARICOPA COUNTY, ARIZONA, SITUATED WITHIN THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 1 WEST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE MARKING THE SOUTHEAST CORNER OF SAID SECTION, FROM WHICH A BRASS CAP FLUSH, MARKING THE SOUTH QUARTER CORNER OF SAID SECTION, BEARS NORTH 89 DEGREES 34 MINUTES 45 SECONDS WEST, A DISTANCE OF 2583.65 FEET; THENCE NORTH 89 DEGREES 34 MINUTES 45 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 561.82 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 25 MINUTES 15 SECONDS EAST, A DISTANCE OF 264.80 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 03 MINUTES 11 SECONDS EAST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 49 SECONDS EAST, A DISTANCE OF 120.20 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 11 SECONDS WEST, A DISTANCE OF 2.69 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 49 SECONDS EAST, A DISTANCE OF 68.48 FEET; THENCE NORTH 00 DEGREES 03 MINUTES 11 SECONDS EAST, A DISTANCE OF 5.22 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 53 SECONDS EAST, A DISTANCE OF 25.32 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 11 SECONDS WEST, A DISTANCE OF 8.01 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 49 SECONDS EAST, A DISTANCE OF 138.11 FEET; THENCE NORTH 00 DEGREES 03 MINUTES 11 SECONDS EAST, A DISTANCE OF 95.80 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 49 SECONDS EAST, A DISTANCE OF 14.41 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 11 SECONDS WEST, A DISTANCE OF 8.00 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 49 SECONDS WEST, A DISTANCE OF 6.41 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 11 SECONDS WEST, A DISTANCE OF 95.80 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 49 SECONDS WEST, A DISTANCE OF 167.43 FEET; THENCE NORTH 00 DEGREES 03 MINUTES 11 SECONDS EAST, A DISTANCE OF 2.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 49 SECONDS WEST, A DISTANCE OF 72.49 FEET; Page 6 of 9 THENCE SOUTH 00 DEGREES 03 MINUTES 11 SECONDS WEST, A DISTANCE OF 15.31 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 49 SECONDS WEST, A DISTANCE OF 120.20 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 6,054 SQUARE FEET OR 0.139 ACRES, MORE OR LESS. A/U� ( LE: x Ns Page 7 of 9 CLOSURE REPORT ARIZONA PUBLIC SERVICE APS—231875 - GLENDALE North: 922511.3485' East: 580608.1580' Segment#1 : Line Course: NO° 03' 11"E Length: 26.00' North: 922537.3485' East: 580608.1821' Segment#2 : Line Course: S89° 56'49"E Length: 120.20' North: 922537.2372' East: 580728.3820' Segment#3 : Line Course: SO° 03' 11"W Length: 2.69' North: 922534.5472' East: 580728.3795' Segment#4 : Line Course: S89° 56'49"E Length: 68.48' North: 922534.4838' East: 580796.8595' Segment#5 : Line Course: NO° 03' 11"E Length: 5.22' North: 922539.7038' East: 580796.8643' Segment#6 : Line Course: S89° 58' 53"E Length: 25.32' North: 922539.6955' East: 580822.1843' Segment#7 : Line Course: SO° 03' 11"W Length: 8.01' North: 922531.6855' East: 580822.1769' Segment#8 : Line Course: S89° 56'49"E Length: 138.11' North: 922531.5576' East: 580960.2869' Segment#9 : Line Course: NO° 03' 11"E Length: 95.80' North: 922627.3576' East: 580960.3756' Segment#10 : Line Course: S89° 56'49"E Length: 14.41' North: 922627.3443' East: 580974.7856' Segment#11 : Line Course: SO° 03' 11"W Length: 8.00' North: 922619.3443' East: 580974.7782' Segment#12 : Line Course: N89° 56'49"W Length: 6.41' North: 922619.3502' East: 580968.3682' Segment#13 : Line Course: SO° 03' 11"W Length: 95.80' North: 922523.5502' East: 580968.2795' Page 8 of 9 rage z Segment#14 : Line Course: N89° 56'49"W Length: 167.43' North: 922523.7053' East: 580800.8495' Segment#15 : Line Course: NO° 03' 11"E Length: 2.78' North: 922526.4853' East: 580800.8521' Segment#16 : Line Course: N89° 56'49"W Length: 72.49' North: 922526.5524' East: 580728.3621' Segment#17 : Line Course: SO° 03' 11"W Length: 15.31' North: 922511.2424' East: 580728.3480' Segment#18 : Line Course: N89° 56'49"W Length: 120.20' North: 922511.3537' East: 580608.1480' Perimeter: 992.67' Area: 6054 Sq. Ft. Error Closure: 0.0113 Course: N62° 23' 09"W Error North: 0.00523 East: -0.01000 Precision 1: 87846.02 w 60370 �O cc A.L. SLATER xi ://z001N/0A4:1 .,9 . Page 9 of 9