HomeMy WebLinkAboutProperty #: P22-016 - 5/10/2022 OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
WHEN RECORDED MAIL TO: ST R
ELECTRRONICONIC RECORDING
20220431054,05/18/2022 02:18,
SALT RIVER PROJECT P22016-7-1-1--,N
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 TRANSMISSION EASEMENT P22-016
Maricopa County Agt: HAS
67th Avenue, Glendale Job: LJ87704/T3340430
NE '/4, SEC. 36,TO3N,ROlE W C JEP
R/W#
CITY OF GLENDALE, an Arizona municipal corporation,
hereinafter called Grantor,for and in consideration of the sum of Ten Dollars,and other valuable consideration,
the 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,hereinafter called Grantee,
and Grantee's employees, contractors,licensees, invitees, successors and assigns, a non-exclusive easement to
construct,install,reconstruct,replace,remove,repair, operate and maintain: a line or lines of poles,towers, or
other supporting structures; conductors, cables, wires, communication and signal lines; guys, anchorage,
crossarms, braces; switching equipment, transformers, vaults, manholes, and pad-mounted equipment;
underground conduits, conductors, pipes, cables, wires; fiber optic, microwave, and antennae for
communication or data transmission purposes; and all other appliances, appurtenances and fixtures
(collectively, the "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 vehicular and pedestrian access to, from,
over, across, through and along the Easement Parcel, including without limitation at any intersection of the
Easement Parcel and a public road or right of way(collectively,the Easement).
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:
Easement Parcel:
SEE EXHIBIT"A", attached hereto and incorporated herein with this reference.
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 the Arizona Blue Stake Law, Arizona Revised Statutes, Section 40-360.21-32, prior to
any excavation. Notice is also hereby given that any activity performed within the Easement Parcel shall
comply with the Arizona Overhead Powerline Safety Law,Arizona Revised Statutes 40-360.41-45.
The Easement is governed by the following terms and conditions:
1. Approval of Development Plans. Prior to the commencement of any construction or other development
activity on the Easement Parcel, Grantor shall provide Grantee with plans describing Grantor's proposed use.
Such plans shall include without limitation all construction and other development plans showing all
improvements and activities to be located within the Easement Parcel and any alterations thereto. Any and all
proposed or existing uses shall be subject to Grantee's written approval,with such approval in each instance to
be granted or denied through the exercise of Grantee's sole discretion. Any such approval is hereby subject to
all such uses complying with Grantee's clearance, access, and construction standards, as well as National
Electrical Safety Code (NESC), Arizona law, Federal law (including OSHA), and all other applicable rules,
codes or regulations.
2. Development Standards. Unless agreed to in writing in each instance, the entirety of the Easement
Parcel shall be drivable by Grantee's line maintenance vehicles. Any and all below-ground facilities located
within the Easement Parcel shall be designed to meet Grantee's then current minimum loading standards. As
of the recordation date, such below-ground facilities must be designed to withstand a minimum loading of 320
pounds per square inch(PSI) applied to the ground surface under a crane outrigger pad measuring 27 inches in
diameter. Notwithstanding anything herein to the contrary, under no circumstances may any use of the
Easement Parcel (by Grantor or any third party) interfere with Grantee's right and ability to construct, access,
maintain and use the Facilities, or endanger any of the Facilities or the use thereof. Any curbing installed
within or immediately adjacent to the Easement Parcel shall be "mountable" and shall not impede Grantee's
line maintenance vehicle's access to, from, or through the Easement Parcel.
3. Prohibited Activities. Without limiting Grantee's approval rights under paragraph 1 above: (i)Grantor
shall not construct, install or place, or permit to be constructed, installed or placed, any building or other
structure, plant any frees, drill any well, store materials of any kind, or alter the ground level, by cut or fill,
within the Easement Parcel, or its associated airspace; and(ii)no plants may be installed within the Easement
Parcel unless such plants are drive-over ground cover from Grantee's list of plants approved for use within
easements and installed at locations prior approved in writing by Grantee. Notwithstanding the provisions of
this paragraph 3, Grantor may obtain prior written approval from Grantee,in accordance with the requirements
of paragraph 1,to grade within the limits of the Easement Parcel. This paragraph 3 does not prohibit the use
of the Easement Parcel for such purposes as paved parking, sidewalks and/or driveways, provided that such
use is otherwise in accordance with the terms of this Easement (including without limitation the approval
requirements set forth in paragraph 1), does not interfere with the efficient operation and maintenance of the
Facilities, including access thereto, and does not endanger the Facilities.
4. 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 permanent structures, 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.
5. Fences. Grantee may construct, modify, and maintain access openings, at such locations and of such
dimensions as solely determined by Grantee, in all fences and walls across or within the Easement Parcel.
Grantee shall further have the right to install,maintain and use gates in all fences or walls which now cross or
hereafter cross the Easement Parcel. If Grantor constructs fences or walls across the Easement Parcel,Grantor
shall, at its expense,provide Grantee with openings at locations and of such dimensions as solely determined
by Grantee. Grantor, at its expense,may install gates across such openings and, if such gates are locked, shall
install a multiple locking device, accessible by both Grantor and Grantee.Nothing set forth in this paragraph 5
restricts or otherwise modifies Grantee's approval rights under paragraph 1.
6. 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.
7. Reservation of Rights. Grantor reserves the right to use and occupy the Easement Parcel for any
purposes which will not interfere with the rights and privileges granted to Grantee hereunder or endanger the
Facilities, provided that Grantor complies with the requirements and obligations of Grantor hereunder,
including without limitation,the approval requirements set forth in paragraph 1. Such right to use and occupy
the Easement Parcel includes the right to dedicate any portion of the Easement Parcel for perpendicular
crossing(s)of public rights-of-way,subject to Grantor obtaining Grantee's prior written approval in accordance
with the requirements of paragraph 1. Any such dedication is expressly subject to all terms and conditions set
forth herein.
8. 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.
9. 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. Grantee shall have the right to assign the Easement,
in whole or in part,to one or more assignees and, upon the assignment, any such assignee hereby assumes the
rights and obligations of the Grantee hereunder with respect to the portion of the Easement assigned.
10. 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.
11. Warranty of Title. Grantor represents and warrants that: (i) fee simple title to the 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.
12. 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.
IN WITNESS WHEREOF, CITY OF GLENDALE, an Arizona municipal corporation, has caused its
name to be executed by its duly authorized representative(s),this f 11' day of /y(Qt , 20Oa
CITY OF GLE .IY E,
By
-
Its
APPROVED AS TO FORM: ATTEST:
City ey C Clerk 1-0
STATE OF Arizona. )
ss
COUNTY OF Cri top( )
The foregoing ins gent was acknowledged,be ore e this, 2. day of MO( , 20.2 -by
u CjL, Fri % ns& as of HE CITY OF
GLENDALE, an Arizona municipal corporation of the State of Arizon .
My Commission Expires:
31 6123
Notary Pub
DEANNE TORRES
Notary Public-State of Arizona
MARICOPA COUNTY
i�J Commission# 255
•tj Expires May 37,2023
Notary Stamp/Seal
Legal Approved Form_2-10-2015 mcm
EXHIBIT "A"
SRP JOB NUMBER:T3340430 DATE:02-02-2022
SRP JOB NAME:CIAC:AGUA FRIA-HARMON 69KV PAGE:1 OF 3
TTRRSS:03N01E36
AN EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 3 NORTH, RANGE 1
EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 36, BEING A REBAR WITH CAP, FROM
WHICH THE NORTHEAST CORNER OF SAID SECTION 36, BEING A BRASS IN HAND HOLE, BEARS NORTH 00
DEGREES 12 MINUTES 30 SECONDS EAST,A DISTANCE OF 2617.20 FEET(BASIS OF BEARING);
THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, NORTH 00 DEGREES 12 MINUTES 30
SECONDS EAST,A DISTANCE OF 900.51 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 89 DEGREES 47 MINUTES 30 SECONDS WEST,A DISTANCE OF
38.50 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST,A DISTANCE OF 6.50 FEET,TO THE WEST
RIGHT-OF-WAY LINE OF 67TH AVENUE;
THENCE ALONG SAID WEST RIGHT-OF-WAY, NORTH 00 DEGREES 12 MINUTES 30 SECONDS EAST,A
DISTANCE OF 79.77 FEET;
THENCE SOUTH 88 DEGREES 58 MINUTES 54 SECONDS WEST,A DISTANCE OF 10.00 FEET;
THENCE NORTH 00 DEGREES 12 MINUTES 30 SECONDS EAST,A DISTANCE OF 341.61 FEET;
THENCE LEAVING SAID WEST RIGHT-OF-WAY, NORTH 89 DEGREES 56 MINUTES 00 SECONDS EAST,A
DISTANCE OF 15.58 FEET TO THE WEST LINE OF THE SRP EASEMENT DESCRIBED IN DOCKET 10787, PAGE
39, MARICOPA COUNTY RECORDS(MCR), BEING 7.00 FEET WIDE,
THENCE ALONG SAID WEST LINE,SOUTH 00 DEGREES 03 MINUTES 51 SECONDS EAST,A DISTANCE OF
193.98 FEET;
THENCE LEAVING SAID WEST LINE,SOUTH 00 DEGREES 12 MINUTES 30 SECONDS WEST,A DISTANCE OF
227.25 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS.AN AREA OF 6,064 SQUARE FEET OR 0.139 ACRE(S), M;E OR LESS.
END OF DESCRIPTION C r
. NN
A:Q.0 LAND $49
.)
CC 50640 m
CHOWLAYARDTON
03/O,242O,ZZ'
s,
XHI3IT " A "
OLIVE AVENUE
r--------1---------I LEGEND
I
I SITEI ---- SECTION AND CENTERLINE
Z i I D l z PROPERTY LINE
>I 1> — — — — — LIMITS OF EASEMENT
I= - - - - -
— EXISTING EASEMENT
tii i�
I I TIE LINE
I I 4 SECTION CORNER AS NOTED
NORTHERN AVENUE
VICINITY MAP (NTS)
T3N, R1E
G&SRM &31g
ABBREVIATION TABLE
APN ASSESSOR'S PARCEL NUMBER y1��'�Q icA E L AND Sv9`
BCHH BRASS CAP IN HAND HOLE .` c �I
FND FOUND 4* 50640 �/'
MCR MARICOPA COUNTY RECORDER CLAYTON
RLS REGISTERED LAND SURVEYOR 0 HOWARD .
W/ WITH M) MEASURED m o3/oz/zozz•
s,. ..
LVI LAST VISUAL INSPECTION q9 �'8O •''' p'
NTS NOT TO SCALE i oNA, t3'S'
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 ro°pan SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT CJ�� LAND DEPARTMENT SRP LDWR NUMBER: N/A SCALE: NTS C I A C : A G U A F R I A -
-
1.0. NUMBER: T3340430 SHEET: 2 OF 3 H A R M O N 6 9 K V
AGENT: SOLIZ SHEET SIZE: 8.5 x11
DRAWN: STOWERS REVISION: 0 NE 1 /4 , SECTION 36
CHECKED BY: HOWARD CREW CHIEF: AERNI T . 3 N . , R . 1 E .
DATE: 02-02-2022 J E P FIELD DATE: 12-27-2021 12 . 7 NORTH - 5 . 9 EAST
EX - I3IT " A "
$'-NORTHEAST CORNER
APN 143-20-010C I �: � SECTION 36
2019-0675199 MCR N89°56'00"E j FND BCHH
15.58' �I LVI :10-31-2008
F- I 7' OVERHEAD & UNDERGROUND
EASEMENT DOCKET 10787 PAGE 39 MCR
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APN 143-20-009L o I I
2021-0417184 MCR
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APN 143-20-053 N on1984-0102866 MCR N00°12'30"E j -
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79.77' I z
N90°00 00 W i
6.50' `
POINT OF BEGINNING J �I
of
N89°438.50' �i EAST 1/4 CORNER
38.50' SECTION 36
(TIE ) FND REBAR W/CAP
LVI :1-25-2017
POINT OF COMMENCEMENT
SALT RIVER PROJECT gip°°an SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT i)uuu- LAND DEPARTMENT
SRP LDWR NUMBER: N/A SCALE: NTS C I A C : A G U A F R I A -
1.0. NUMBER: T3340430 SHEET: 3 OF 3 H A R M O N 6 9 K V
AGENT: SOLIZ SHEET SIZE: 8.5 x11
DRAWN: STOWERS REVISION: 0 NE 1 /4 , SECTION 36
CHECKED BY: HOWARD CREW CHIEF: AERNI T . 3 N . , R . 1 E .
DATE: 02-02-2022 JEP FIELD DATE: 12-27-2021 12 . 7 NORTH - 5 . 9 EAST