HomeMy WebLinkAboutProperty #: 10731 - 3/22/2016 C-10731
03/22/2016
ORIGUM
E 1/2 SEC 1 T-2N R-1W 43,
33.546290, -112.309077
501-99-004D, 501-54-016
CCW-15-02
WA181184
JNJ
CITY OF GLENDALE-APS
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 Maricopa County, Arizona
(hereinafter called "Grantor's Property"):
PARCEL NO. F-1
The Southeast quarter of the Northeast quarter of Section 1, Township 2 North, Range 1 West of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona.
PARCEL NO. F-2
Lot 1 of Section 1, Township 2 North, Range 1 West of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona.
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
AS RECORDED IN INSTRUMENT NUMBERS 91-475093 M.C.R. ,2011-0460886 M.C.R.
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 "B"ATTACHED TACHED HE'RE H O 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 and fixtures for use in connection therewith, for the
transmission and distribution of electricity to, through, across, and beyond Grantor's Property; and install,
Page 1 of 9
operate and maintain telecommunication wires, cables, conduits, fixtures 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 Facilities shall consist of underground
electric lines and appurtenant facilities including pad mounted equipment, the locations of which are set
forth in Exhibit"B." 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.
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. 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 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, all as shown on Exhibit "B" attached hereto and made a part hereof. 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 Y
or landscape irrigation sprinkler systems within said clear areas.
g P
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.
Page 2 o f 9
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.
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 agreements 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 Arizona, has
caused this Utility Easement to be executed by its duly authorized representative, this 24 day of Detre 4
20 .
APPROVED AS TO FORM: CITY OF GLENDALE,
a municipal corporation
Attorney
By:
Title: 4."104,„ r f /04-
"ft'ts,
T:
IV AsalW‘
City Clerk
STATE OF Z }
} ss.
County of r:c or }
This instrument was acknowledged before me this 'Y day of OA a.roil , 2016 by
711 e (%Y/ 144 v e i` of Tv v k , on behalf of
Le, Orr ti° G/0144i✓ .
IN WITNESS WHEREOF I hereunto set my hand and official seal.
etilm h, CHARLES GUILLERMO ZUNIGA VASQUEZ
' rP Notary Publ'iC-State of Adle
za
MARICOPA COUNTY
°,° My Commission Expires July 26,2019
Notary Seal J c%
Notary Public
Page 4 of 9
EXHIBIT "B"
(LEGAL DESCRIPTION AND/EXHIBIT OF EASEMENT PREMISES)
A PORTION OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 1
WEST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION
1 MARKED WITH A FOUND BRASS CAP IN HANDHOLE, FROM WHICH THE EAST QUARTER
CORNER OF SAID NORTHEAST QUARTER OF SECTION 1 MARKED WITH A FOUND 1" IRON
PIPE, BEARS SOUTH 00°10'04"WEST,A DISTANCE OF 2613.08 FEET;
THENCE SOUTH 00°10'04"EAST A DISTANCE OF 1543.96 FEET FROM THE NORTHEAST
CORNER OF SECTION 1,TO A POINT ON THE EAST SECTION LINE OF SECTION 1.
THENCE NORTH 89°49'56"WEST, A DISTANCE OF 517.12 FEET TO THE POINT BEGINNING OF
SAID EASEMENT HEREIN DESCRIBED.
THENCE SOUTH 49°48'45"WEST,A DISTANCE OF 204.05 FEET;
THENCE NORTH 89°59'51"WEST,A DISTANCE OF 13.22 FEET;
THENCE SOUTH 00°00'09"WEST,A DISTANCE OF 18.25 FEET;
THENCE NORTH 90°00'00"EAST, A DISTANCE OF 11.33 PEET;
THENCE NORTH 00°00'09" EAST, A DISTANCE OF 8.25 FEET;
THENCE SOUTH 89°59'51"EAST, A DISTANCE OF 4.00 FEET;
THENCE NORTH 00°00'09"EAST, A DISTANCE OF 1.31 FEET;
THENCE NORTH 49°48'45"EAST, A DISTANCE OF 208.04 FEET;
THENCE NORTH 40°11'15"WEST,A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING
OF EASEMENT HEREIN DESCRIBED IN THIS DOCUMENT.
Page 5 of 9
EXHIBIT "B"
(LEGAL DESCRIPTION AND/EXHIBIT OF EASEMENT PREMISES)
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 1
WEST,GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1 MARKED WITH A FOUND
BRASS CAP IN HANDHOLE, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 1
MARKED WITH A FOUND ALUM. CAP, BEARS NORTH 00°11'16"EAST,A DISTANCE OF
2613.91 FEET;
THENCE NORTH 00°11'16"EAST A DISTANCE OF 293.13 FEET FROM THE SOUTHEAST
CORNER OF SECTION 1, TO A POINT ON THE EAST SECTION LINE OF SECTION 1.
THENCE NORTH 89°48'44"WEST,A DISTANCE OF 63.75 FEET TO THE POINT BEGINNING OF
SAID EASEMENT HEREIN DESCRIBED.
THENCE NORTH 89°48'44"WEST, A DISTANCE OF 5.67 FEET;
THENCE NORTH 000001XY"WEST,A DISTANCE OF 20.32 FEET;
THENCE NORTH 90°00'00"WEST,A DISTANCE OF 0.67 FEET;
THENCE NORTH 00°00'32"EAST, A DISTANCE OF 143.30 FEET;
THENCE SOUTH 88°11'10"EAST, A DISTANCE OF 10.37 FEET;
THENCE SOUTH 00°01'57"EAST, A DISTANCE OF 9.35 FEET;
THENCE NORTH 88°33'17"EAST, A DISTANCE OF 38.72 FEET;
THENCE NORTH 00°02'49"WEST, A DISTANCE OF 488.11 FEET;
THENCE NORTH 42°52'26"WEST,A DISTANCE OF 15.17 FEET;
THENCE NORTH 00°09'15"EAST,A DISTANCE OF 1106.36 FEET;
THENCE NORTH 11°33'16"WEST,A DISTANCE OF 296.50 FEET;
THENCE NORTH 00°51'26"WEST,A DISTANCE OF 258.41 FEET;
THENCE NORTH 04°51'43"WEST, A DISTANCE OF 11.60 FEET;
THENCE NORTH 85°08'17"EAST, A DISTANCE OF 8.00 FEET;
Page 6 of 9
THENCE SOUTH 04°51'43"EAST, A DISTANCE OF 11.88 FEET;
THENCE SOUTH 00°51'26"EAST,A DISTANCE OF 257.94 FEET;
THENCE SOUTH 11°33'16"EAST, A DISTANCE OF 296.57 FEET;
THENCE SOUTH 00°09'15"WEST, A DISTANCE OF 1104.03 FEET;
THENCE SOUTH 42°52'26"EAST,A DISTANCE OF 15.91 FEET;
THENCE SOUTH 00°11'16"WEST, A DISTANCE OF 498.54 FEET;
THENCE SOUTH 88°33'17"WEST, A DISTANCE OF 45.20 FEET;
THENCE SOUTH 00°01'57"EAST, A DISTANCE OF 9.69 FEET;
THENCE NORTH 88°11'10"WEST, A DISTANCE OF 3.11 FEET;
THENCE SOUTH 00°23'51"WEST, A DISTANCE OF 136.38 FEET TO THE POINT BEGINNING OF
SAID EASEMENT HEREIN DESCRIBED.
Page 7 of 9
EXHIBIT "B"
SKETCH SHOWING LOCATION AND LIMITS OF
(') UTILITY EASEMENT
! NE COR SEC 1 LINE TABLE
T 2N R 1E FND BC IN HHLINE BEARING DISTANCE
SCALE 1"=200'
C°
L1 S49°48'45"W 204.05'
(TIE LINE) r L2 N89°59'51"W 13.22'
N89°49' 56"W ) L3 SO0°00'09"W 18.25'
L9 517.12' I•
I
v� L4 N90°00'00"E 11.33'
v�
L5 N00°00'09"E 8.25'
SEE DETAIL APN: L6 S89°59'51"E 4.00'
"A" 501-99-004D
L7 N00°00'09"E 1.31'
L8 N49°48'45"E 208.04'
(DETAIL NOT TO SCALE)
DETAIL ,‘ - L9 N40°11'15"W 8.00'
"An r
I'� o I L10 N00°11'16"E- 293.13'
L2
drL11 N89°48'44"W 63.75'
L12 N89°48'44"W 5.67'
0
--I L7 b L13 N00°00'00"W 20.32'
L6 °
0 o L14 N90°00'00"W 0.67'
a z cy;
J r
G L15 N00°00'32"E 143.30'
L4 SEC 1
L16 S88°11'10"E 10.37'
��E� i o AND SG I o L17 S00°01'57"E 9.35'
�� ;\\F CATF4 .pb ,
` �,� L18 N88°33'17"E 38.72'
c 30366 o (TIE LINE) 00
RICHARD E. VL36 L19 N00°02'49"W 488.11'
TAFT _
1/ ti3' L25.2Z. \ , ! L20 N42°52'26"W 15.17'
l'aNA t3. . E 1/4 COR SEC 1
/1 ' i / 67/
L24 1 L26 T 2N R 1E FND ALUM CAP FLUSH
L23 PAGE 8 OF 9
EXPIRES 9-30-2017 (japs
LEGEND
////////////. EASEMENT AREA JOB# WA181184 DATE: 03/20/15
EXISTING EASEMENTE 1/2 SEC 1 T 2N R 1E
— - — SECTION LINE SCALE: 1"= 200' CCW 15-02
APN ASSESSOR PARCEL NUMBER I R/W: JAYSON JOHNSON
N
SURVEY: JOHNSON-TAFT
MATCH LINE N I DRAWN BY: JAYSON JOHNSON
MATCH LINE
EXHIBIT "B"
E1/4COR SEC 1
SKETCH SHOWING LOCATION AND LIMITS OF .7----.-.T 2N R 1E FND ALUM CAP FLUSH
UTILITY EASEMENT Z
rn
4.p LAND s ri
�\���.•\ ICA IF+0 ,,, N
• .c
,k 30366 0
RICHARD E. 6 x W
TAFT \ r ZO
4:1,1).... N r
T
iSi
USP o LINE TABLE
o
L16
,&:4/4,16- 0,2
LINE BEARING DISTANCE
J
EXPIRES 9-30-2017
h-
L21 N00°09'15"E 1106.36'
i L22 N11°33'16"W 296.50'
L18
L23 N00°51'26"W 258.41'
,n L24 N04°51'43"W 11.60'
J
L32 L25 N85°08'17"E 8.00'
M L26 SO4°51'43"E 11.88'
jse/
L30
L27 S00°51'26"E 257.94'
(DETAIL NOT TO SCALE)
DETAIL L20 L28 S11°33'16"E 296.57'
L34
L29 S00°09'15"W 1104.03'
—11(9)
M L30 S42°52'26"E 15.91'
L14 APN: = } L31 L31 S00°11'16"W 498.54'
501-54-016
L32 S88°33'17"W 45.20'
c.)
J L33 S00°01'57"E 9.69'
L34 N88°11'10"W 3.11'
i L35 S00°23'51"W 136.38'
L12 Oita SEE DETAIL
irdr► "B" L36 S89°20'31"W 92.62'
I
SCALE 1"=200' 11
L11
(TIE LINE)
S 1/4 COR SEC 1 0
T 2N R 1E FND BC J SE COR SEC 1
T 2N R 1 E FND BC IN HH
GLENDALE AVE 1 PAGE 9 OF 9
(BASIS OF BEARING)
S89° 34' 38"E 2583.76'