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Home My WebLink AboutProperty #: P25-009 - 6/24/2025OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER JUSTIN HEAP 20250380986 07/01/2025 03:19 ELECTRONIC RECORDING WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/P AB 1 OW P. 0. Box 52025 Phoenix, Arizona 85072-2025 Maricopa County Parcel#: 102-60-010-S S ½, SEC 08, T02N, RO 1E 202571943-7-1-1-- HoyP EXEMPT PURSUANT TO A.R.S. §§ 11-1134(A)(2) and (A)(3) POWER DISTRIBUTION EASEMENT R/W#: Job #: LJ84627 W: 1-tAS City of Glendale, an Arizona municipal corporation Agt: Henry A Soliz T3577014 C: ASM LR#: LR87925 hereinafter called Grantor, for and in consideration of the sum of Ten Dollars, and other valuable consideration, receipt,and sufficiency of which are 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, and its successors and assigns, hereinafter called Grantee, for use by Grantee and Grantee's employees, contractors, licensees, and invitees, a non-exclusive easement to construct, install, reconstruct, replace, remove, repair, operate and maintain underground electrical conduits and conductors, pipes, cables, switching equipment, transformers, pad-mounted equipment, enclosures, manholes, vaults, and all other appliances, appurtenances and fixtures (collectively, "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 access to and from the Easement Parcel, over, across, through and along Grantor's Property (defined below) (collectively, the "Easement"). Grantee is hereby authorized to permit others to use the Easement for additional Facilities jointly with or separately from the Grantee for their purposes. 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: Grantor's Property: A portion of the South Half of Section 08, Township 02 North, Range O 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described in SPECIAL WARRANTY DEED Instrument 2021-0097566 records of Maricopa County, Arizona. 20250380986 Easement Parcel: See Exhibit "A" Attached Hereto and Made a Part Hereof 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 Arizona Revised Statutes, Section 40-360.21, et seq., Arizona Blue Stake Law, prior to any excavation. The Easement is governed by the following terms and conditions: 1. Modification of Easement Parcel. Grantor acknowledges that field conditions may result in the Facilities being installed within Grantor's Property in a location that is not within the Easement Parcel. Promptly after discovering the construction or installation of any Facilities outside of the Easement Parcel, Grantee shall obtain Grantor's agreement with and execution of an amendment to this Easement modifying the legal description of the Easement Parcel to reflect the actual location of the Facilities (the "Amendment"). Upon the recordation of the Amendment, such revised legal description shall have the same force and effect, and create the same priority of interest, as if recorded concurrently with this instrument. Grantor may consent to the execution and recordation of the Amendment through the exercise of its sole discretion. 2. Prohibited Activities. Grantor shall not, whether directly or indirectly by granting permission, construct, install, or place any building or other structure, plant any trees, drill any wells, store materials of any kind, or alter the ground level, within the Easement Parcel. This paragraph 2 does not prohibit the use of the Easement Parcel for such purposes as landscaping ( except trees), paved parking, sidewalks and/or driveways, provided that such use is otherwise in accordance with the terms of this Easement, and does not interfere with the efficient operation and maintenance of the Facilities, including access thereto. To obtain clarification as to whether or not a particular construction activity is prohibited by the first sentence of this paragraph 2, Grantor may request Grantee's prior written approval to grade or install improvements ("Work") within the Easement Parcel by submitting all construction, grading, or other development plans, as applicable, describing the proposed Worlc Grantee may grant or deny such approval through the exercise of Grantee's sole discretion, provided that Grantee's review and right to approve shall be limited to whether the proposed Work conflicts with the existing Facilities, including access thereto. Any such approval is hereby subject to Grantor complying with all other provisions of this Easement. 3. 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 improvements, 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. 4. 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. Grantor agrees that any fences or walls which now cross or hereafter cross Grantor's Property will not prevent Grantee's access to the Easement Parcel or the Facilities. Grantor further agrees that Grantee can use gates on all such fences or walls for such access. 5. 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 Page 2 of 4 20250380986 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. 6. 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. 7. 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. 8. Private Use. The provisions of this instrument 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 Parcel. 9. Warranty of Title. Grantor represents and warrants that: (i) fee simple title to the Grantor's Property and 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 instrument. 10. Authority to Bind Grantor. The individual executing this instrument 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 (whether from any partner, owner, spouse, shareholder, director, member, manager, creditor, investor, developer, governmental authority,judicial or administrative body, association, or other person or entity). REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 of 4 20250380986 IN WITNESS WHEREOF, CITY OF GLENDALE, an Arizona municipal corporation, has caused its name to be executed by its duly authorized representative(s), this d,~day of ~ 2025. CITY OF GLENDALE, Its ------------- APPROVED AS TO FORM: ST A TE OF ftrT=ct) N,2......, --------- COUNTY OF Mk, C...Of CL,, ) ) ss ) ATTEST: ~ The foregoing instrument was acknowledged before me this c:J.cf day of~ , 2025, by ~-l{/JI'\ A. f5 as &~ ~ , of THE CITY OF GLENDALE, an Arizona municipal corporation; the State of Anzona. IRENE MARQUEZ Nolary Pllblic • Stale of Arizona MARICOPA COUNTY Commia1ion # 629518 Expires July 03, 2026 ~2~~~M Notaublic My Commission Expires Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.RS. Sections 11-l 134(A)(2) and (A)(3). Legal Approved Form_ 03-10-2023 _mcm Page 4 of 4 20250380986 EXHIBIT "A" SRP JOB NUMBER: T3577014 SRP JOB NAME: CITY OF GLENDALE LIFT STATION TTRRSS: 8N2E1 DATE: 01/21/2025 PAGE: 1 OF 3 AN EASEMENT WITHIN A PORTION OF LAND DESCRIBED WITHIN DOCUMENT 2021-0097566 MARICOPA COUNTY RECORDER (MCR) LOCATED IN THE SOUTH HALF OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER OF SECTION 8, BEING A FOUND PIPE, FROM WHICH THE SOUTH QUARTER CORNER OF SECTION 8, BEING A FOUND PIPE, BEARS SOUTH 00 DEGREES 33 MINUTES 15 SECONDS WEST, A DISTANCE OF 2633.48 FEET (BASIS OF BEARING); THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, NORTH 89 DEGREES 55 MINUTES 45 SECONDS WEST, A DISTANCE OF 1.36 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 70 DEGREES 04 MINUTES 59 SECONDS WEST, A DISTANCE OF 88.88 FEET; THENCE NORTH 19 DEGREES 55 MINUTES 01 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 70 DEGREES 04 MINUTES 59 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 19 DEGREES 55 MINUTES 01 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 70 DEGREES 04 MINUTES 59 SECONDS EAST, A DISTANCE OF 56.88 FEET TO SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE, SOUTH 89 DEGREES 55 MINUTES 45 SECONDS EAST, A DISTANCE OF 23.40 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS AN AREA OF 743 SQUARE FEET OR 0.017 ACRES, MORE OR LESS. END OF DESCRIPTION \0 (X) OI 0 (X) (Y') 0 I!) C\I 0 C\I GLENDALE AVENUE I ' ' ' I I I ' ' ' ~I I I~ :Z' ' ':Z ~I I I~ <( I l l <J: :-------[ip-------~ ::r:: I SI TE· I ::r:: ~. I .~ 01 ' '°' ~, I I , , I , [ _________ ' _______ _J BETHANY HOME ROAD VICINITY MAP (NTSJ T2N, R1E G&SRM CAUTION EX I B I T THE EASEMENT LOCATION AS HEREON DELINEATED MAY CONTAIN HIGH ABBREVIATION TABLE VOLTAGE ELECTRICAL EQUIPMENT, ~~~ NOTICE IS HEREBY GIVEN THAT THE RLS LOCATION OF UNDERGROUND (Ml ELECTRICAL CONDUCTORS OR LVI FACILITIES MUST BE VERIFIED AS NTS REQUIRED BY ARIZONA REVISED POB STATUTES, SECTION 40-380.21, ET. POC SEQ., ARIZONA BLUE STAKE LAW, PRIOR TO ANY EXCAVATION. ASSESSOR'S PARCEL NUMBER MARICOPA COUNTY RECORDER REGISTERED LAND SURVEYOR MEASURED LAST VISUAL INSPECTION NOT TO SCALE POINT OF BEGINNING POINT OF COMMENCEMENT NOTES BASIS OF BEARINGS: 1 BASED ON THE MARICOPA COUNTY THIS EXHIBIT IS INTENDED TO LOW DISTORTION PROJECTION ACCOMPANY AN EASEMENT. ALL COORDINATE SYSTEM. // A // LEGEND SECTION AND CENTERLINE PROPERTY LI NE f 2 2 2 2 2 2 J EASEMENT AREA ♦ SECTION CORNER AS NOTED SEE DETAIL ON SHEET 3 APN 102-60-010S 2021-0097566 MCR PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND SALT RI VER PROJECT I C':§ff}V~~ S LJ RV E Y D I V I S I ON NO ATTEMPT HAS BEEN MADE TO AGRICULTURAL IMPROVEMENT & POWER DISTRICT u[FJ[F LAND DEPARTMENT VERIFY THE LOCATION OF ANY SRP LDWR NUMBER: NIA SCALE: NTS BOUNDARIES SHOWN. THIS IS NOT I.O. NUMBER: T3577014 SHEET: 2 OF 3 • AN ARIZONA BOUNDARY SURVEY. AGENT: SOLIZ SHEET SIZE: 8.5ux11 u COG LIFT STATION 1/2 SECTION 8 s ALL ELECTRIC LINES SHOWN ARE MEASURED TO THE WINDOW DRAWN: RUSSO REVISION: 0 T. 2 N., R. 1 E. OF THE EQUIPMENT PAD UNLESS OTHERWISE NOTED, CHECKED BY: BARNES CREW CHIEF: LACEY 1 Q. 5 DATE: 01-21-2025 ASM FIELD DATE: 01-16-2025 NORTH -2.0 EAST \0 (X) OI 0 (X) (Y') 0 I!) C\I 0 C\I N70° 04 '59 "E 1 o. oo' I C)'\111c, '\l.•C)Cll APN 102-60-010S 2021-0097566 MCR EXHIBIT 11 A 11 CENTER OF QI JI"\ \ .::}0 1 '?,'o • 'ou c..' IA,:J ,, 'oc~,° s·J '\:\\\.. \ SECTION 8 FOUND PIPE LVI 02-10-2011 POC ,-,::::;;; 1---,=o J""::= 'IV) a: I JV")<C <.O LL.l ,C'-Jc::o js:'-'- .::::: CJ ,~(./) l •";.r,~ IV)<C ,om ,g- ,V) "<--'- \""-SOUTH 1 / 4 CORNER , SECT! ON 8 SAID EASEMENT CONTAINS AN AREA OF 743 SQUARE ♦ FOUND PIPE FEET OR 0.017 ACRES, MORE OR LESS. LVI 04-10-2019 NORTH SALT RIVER PROJECT C:3@-v~~ SURVEY DIVIS I ON AGRICULTURAL IMPROVEMENT & POWER DISTRICT E)[JJ[F LAND DEPARTMENT SRP LDWR NUMBER: NIA SCALE: NTS J.O. NUMBER: T3577014 SHEET: 3 OF 3 COG LIFT STATION AGENT: SOLIZ SHEET SIZE: 8. 51'x11" S 1 /2 SECT I ON 8 DRAWN: RUSSO REVISION: 0 T. 2 N. . R. 1 E . 1CHECKED BY: BARNES CREW CHIEF: LACEY 1 o. 5 NORTH -2. 0 EAST DATE: 01-21-2025 ASM FI ELD DATE: 01-16-2025