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Home My WebLink AboutProperty #: P22-009 - 4/12/2022 • SW52N2E 3 3.5 3 8717/-112.1845 6 0 147=26-114 • WA587137 22-009 RT/PB 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 _Mancopa County,.:Arizona (hereinafter called"Grantor's Property"):. BLOCK 14, AMENDED PLAT OF GLENDALE, RECORDED IN BOOK 10 OF MAPS, PAGE 10, RECORDS OF.MARICOPA COUNTY, ARIZONA. . 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 arid 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,f xtures 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 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. • 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: Page 1 of 9 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 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 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. 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 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 2 of 9 • 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 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 REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 3 of 9 IN WITNESS WHEREOF, CITY OF GLENDALE, a municipal corporation of the State of Arizo a, ha caused this Utility Easement to be executed by its duly authorized representative, this( day of 1 , 2022. CITY OF GLENDALE, APPROVED AS TO FORM: a muni ' al corp rati riot State of Arizona Name: E sue, ttorney Title: ATTEST: City Clerk STATE OF )467,6 VI t } p�� ss. County of Non t o pAA } This instrument was acknowledged before me this day of / p n r ,2022 by d Ffl?d(iJ'lL, , on behalf of The City of Glendale, a municipal corporation of the State of Arizona. IN WITNESS WHEREOF I hereunto set my hand and official seal. o'" DEANNE TORRES Notary Public-State of Arizona l- MARICOPA COUNTY �B '� �+ Commission#563255 Expires May 31,2023 Notary Seal Notary Public 2Page 4 of 9 Ss EXHIBIT "B" GLENN DRIVE S89°31'00"E 280.00' a do w 60370 0 cC A.L. SLATER x L5 \ 0 04/20/21 . :...........57 dieS%sned• Q,L10 L4 L6 'Yi ONA 0 S' L9 1 L7 L8 o o o o W a o M CO �� APN: 147-26-114 CO Z 1 w CITY OF GLENDALE r W J /1:5 BLOCK 14 In a o VI AMENDED PLAT OF GLENDALE o N IA BOOK 10, PAGE 10 N o IA o 00 z _ S W `A ri NI \?)t ro ® 66.27' =� I,_, 205.73' POINT OF -L14 N89°31'00' W 280.00' BEGINNING NO°06'51"E_ GLENDALE AVENUE 116.64' 55.00' I 2185.41' S89°31'00"E 2302.05' FOUND BRASS CAP IN HANDHOLE BASIS OF BEARING SOUTH 1/4 CORNER AT THE INTERSECTION OF SEC. 5 T2N,R2E 58TH DR. AND GLENDALE AVE FOUND BRASS CAP POINT OF COMMENCEMENT IN HANDHOLE APS - 278494 5850 W. GLENDALE AVENUE JOB# P5224 DWG: CITY OF GLENDALE DATE: 04/20/21 GLENDALE, ARIZONA 85301 SCALE: N.T.S. DRAWN: TS CHECK: ELS SHEET: 1 OF 4 Page 5 of 9 EXHIBIT "B" LINE TABLE LINE DIRECTION LENGTH L1 N00'06'51"E 14.22' L2 N22°23'09"W 104.52' L3 NO0°06'51"E 169.63' L4 S89°53'09"E 27.52' L5 SO0°06'51"W 7.25' L6 S89°53'09"E 0.72' L7 S00°06'51"W 7.30' L8 N89°53'09"W 9.14' L9 N0O°06'51"E 6.55' L10 N89°53'09' W 11.10' L11 S0O°06'51"W 160.04' L12 S22°23'09"E 104.52' L13 S00°06'51"W 15.87' • L14 N89'31'00' W 8.00' ti9 w 60370 O A.L. SLATER Do 0 04/20/21 . re8 '9ned••• P. APS - 278494 5850 W. GLENDALE AVENUE JOB# P5224 DWG: CITY OF GLENDALE DATE: 04/20/21 GLENDALE, ARIZONA 85301 SCALE: N.T.S. DRAWN: TS CHECK: ELS SHEET: 2 OF 4 Page 6 of 9 LEGAL DESCRIPTION ARIZONA PUBLIC SERVICE APS —278494—CITY OF GLENDALE Page 3 of 4 AN EASEMENT OVER A PORTION ASSESSORS PARCEL NUMBER 147-26-114,AS SHOWN IN THE AMENDED PLAT OF GLENDALE,AS RECORDED IN BOOK 10 OF MAPS, PAGE 10, MARICOPA COUNTY RECORDS, ARIZONA, SITUATED WITHIN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 2 EAST, 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 INTERSECTION OF 58TH DRIVE AND GLENDALE AVENUE, FROM WHICH A BRASS CAP IN HANDHOLE MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 5, BEARS SOUTH 89 DEGREES 31 MINUTES 00 SECONDS EAST,A DISTANCE OF 2,302.05 FEET ; THENCE SOUTH 89 DEGREES 31 MINUTES 00 SECONDS EAST,ALONG THE CENTERLINE OF GLENDALE AVENUE, A DISTANCE OF 116.64 FEET; THENCE DEPARTING SAID CENTERLINE, NORTH 00 DEGREES 06 MINUTES 51 SECONDS EAST, A DISTANCE OF 55.00 FEET TO THE SOUTH LINE OF SAID PROPERTY AND THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 06 MINUTES 51 SECONDS EAST, A DISTANCE OF 14.22 FEET; THENCE NORTH 22 DEGREES 23 MINUTES 09 SECONDS WEST, A DISTANCE OF 104.52 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 51 SECONDS EAST, A DISTANCE OF 169.63 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 09 SECONDS EAST, A DISTANCE OF 27.52 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 51 SECONDS WEST, A DISTANCE OF 7.25 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 09 SECONDS EAST, A DISTANCE OF 0.72 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 51 SECONDS WEST, A DISTANCE OF 7.30 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE OF 9.14 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 51 SECONDS EAST, A DISTANCE OF 6.55 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE OF 11.10 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 51 SECONDS WEST, A DISTANCE OF 160.04 FEET; THENCE SOUTH 22 DEGREES 23 MINUTES 09 SECONDS EAST, A DISTANCE OF 104.52 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 51 SECONDS WEST, A DISTANCE OF 15.87 FEET TO THE SOUTH LINE OF SAID PROPERTY; Page 7 of 9 Page 4 of 4 THENCE NORTH 89 DEGREES 31 MINUTES 00 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2,524 SQUARE FEET OR 0.058 ACRES, MORE OR LESS. �U �ecxi'20NA °5• Page 8 of 9 Survey Innovation Group,Inc.♦22425 N. 16th St, Ste. 1♦Phoenix,Arizona* 85024.Phone 480-922-0780 C:IRICKIProjects\P SIG_HIP5224-APS TAKE CHARGEIDWGIMAPPING1278294_City of Glendale Office1278494 City of Glendale.docx 9 CLOSURE REPORT ARIZONA PUBLIC SERVICE APS-278494- CITY OF GLENDALE North: 923142.6134' East: 618509.0694' Segment#1 : Line Course: NO° 06' 51"E Length: 14.22' Segment#14 : Line North: 923156.8334' East: 618509.0977' Course: N89° 31' 00"W Length: 8.00' North: 923142.6049' East: 618509.0696' Segment#2 : Line Course: N22° 23' 09"W Length: 104.52' Perimeter: 646.38' Area: 2524 Sq. Ft. North: 923253.4768' East: 618469.2922' Error Closure: 0.0085 Course: S1° 00' 40"E Segment#3 : Line Error North: -0.00846 East: 0.00015 Course: NO° 06' 51"E Length: 169.63' Precision 1: 76044.71 North: 923423.1064' East: 618469.6302' Segment#4 : Line Course: S89° 53' 09"E Length: 27.52' North: 923423.0516' East: 618497.1501' �� A�. / `F - Segment#5 : Line 9 Course: SO° 06'51"W Length: 7.25' 60370 o North: 923415.8016' East: 618497.1357' cC A.L. SLATER 04/20/21 Segment#6 : Line ed o��0 s! Course: S89° 53' 09"E Length: 0.72' 9R�20NA vs� North: 923415.8002' East: 618497.8557' Segment#7 : Line Course: SO° 06' 51"W Length: 7.30' North: 923408.5002' East: 618497.8411' Segment#8 : Line Course: N89° 53' 09"W Length: 9.14' North: 923408.5184' East: 618488.7011' Segment#9 : Line Course: NO° 06' 51"E Length: 6.55' North: 923415.0684' East: 618488.7142' Segment#10 : Line Course: N89° 53' 09"W Length: 11.10' North: 923415.0905' East: 618477.6142' Segment#11 : Line Course: SO° 06' 51"W Length: 160.04' North: 923255.0508' East: 618477.2953' Segment#12 : Line Course: S22° 23' 09"E Length: 104.52' North: 923158.4074' East: 618517.1009' Segment#13 : Line Course: SO° 06' 51"W Length: 15.87' North: 923142.5375' East: 618517.0693' Page 9 of 9