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HomeMy WebLinkAboutProperty #: P25-010 - 6/24/2025OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER JUSTIN HEAP 20250380985 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#: 143-12-007-M NE ¼, SEC 30, T03N, R02E 202571942-8-1-1-- garciac EXEMPT PURSUANT TO A.R.S. §§ 11-1134(A)(2) and (A)(3) POWER DISTRIBUTION EASEMENT R/W#: Job#: LJ91347 W: City of Glendale, an Arizona municipal corporation Agt: Henry A Soliz T3442923 &T3442932 C: JEP LR#: LR87908 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 Northeast quarter of Section 30, Township 03 North, Range 02 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described in WARRANTY DEED Docket 12003 Page 189, records of Maricopa County, Arizona. 20250380985 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 aclmowledges 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 Work. 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 20250380985 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 20250380985 IN WITNESS WHEREOF, CITY OF GLENDALE, an Arizona municipal corporation, has caused its name to be executed by its duly authorized representative(s), this C1~ day of ~ 20-25_. CITY OF GLENDALE, Its ------------- APPROVED AS TO FORM: STATE OF --------- COUNTY OF fvw-1lb~ ) ) ss ) ATTEST: The foregoing instrument was acknowledged before me thisd Lf'1'--day of ~ , 20 .15._, by k.tvll) ~. fM{)5 as &f!j hM-ti~ , of THE CITY OF GLENDALE, an Arizona municipal corporation of the State of Arizona. IRENE MARQUEZ Nolllry PtJblic • Slale ot Mona Notary Public 1 MARICOPA COUNTY ) Commiuioo # 629518 L Expir&s July 03, 2026 -------------- Notary Stamp/Seal My Commission Expires: Note: This instrument is exempt from the real estate transfer fee and affidavit oflegal value required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections ll-1134(A)(2) and (A)(3). Cimage 20250380985 EXHIBIT "A" SRP JOB NUMBER: T3442923 & T3442932 SRP JOB NAME: SAHUARO RANCH PARK CRI EAST & WEST TTRRSS: 03N 02E 30 DATE: 04-24-2025 PAGE: 1 OF 4 TWO EASEMENTS WITHIN A PARCEL OF LAND AS DESCRIBED IN DOCKET 12003 PAGE 189 MARICOPA COUNTY RECORDER (MCR) LOCATED IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT NO.l COMMENCING AT THE CENTER CORNER OF SAID SECTION 30, BEING A PK NAIL, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 30, BEING A BRASS CAP IN HAND HOLE, BEARS NORTH 88 DEGREES 48 MINUTES 39 SECONDS EAST, A DISTANCE OF 2638.18 FEET (BASIS OF BEARINGS}; THENCE NORTH 48 DEGREES 34 MINUTES 32 SECONDS EAST, A DISTANCE OF 504.59 FEET TO THE POINT OF BEGINNING OF EASEMENT NO.1; THENCE NORTH 01 DEGREES 15 MINUTES 12 SECONDS WEST, A DISTANCE OF 17.00 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 48 SECONDS EAST, A DISTANCE OF 11.41 FEET TO THE NORTHERLY PROLONGATION OF THE WEST LINE OF A SALT RIVER PROJECT (SRP) EASEMENT BEING 10.00 FEET IN WIDTH AS DESCRIBED IN DOCUMENT 1991-0196538 MCR; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID SRP EASEMENT, SOUTH 03 DEGREES 15 MINUTES 10 SECONDS EAST, A DISTANCE OF 17.01 FEET; THENCE DEPARTING THE WEST LINE OF SAID SRP EASEMENT, SOUTH 88 DEGREES 44 MINUTES 48 SECONDS WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING OF EASEMENT NO.1. SAID EASEMENT NO.l CONTAINS AN AREA OF 199 SQUARE FEET. TOGETHER WITH; EASEMENT NO.2 COMMENCING AT THE CENTER CORNER OF SAID SECTION 30, BEING A PK NAIL, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 30, BEING A BRASS CAP IN HAND HOLE, BEARS NORTH 88 DEGREES 48 MINUTES 39 SECONDS EAST, A DISTANCE OF 2638.18 FEET (BASIS OF BEARINGS); THENCE NORTH 78 DEGREES 32 MINUTES 36 SECONDS EAST, A DISTANCE OF 1698.76 FEET TO THE POINT OF BEGINNING OF EASEMENT NO.2; THENCE NORTH 01 DEGREES 24 MINUTES 49 SECONDS WEST, A DISTANCE OF 12.00 FEET TO THE SOUTH LINE OF A SALT RIVER PROJECT (SRP) EASEMENT BEING 10.00 FEET IN WIDTH AS DESCRIBED IN DOCUMENT 1991-0196538 MCR; 20250380985 EXHIBIT "A" SRP JOB NUMBER: T3442923 & T3442932 SRP JOB NAME: SAHUARO RANCH PARK CRI EAST & WEST TTRRSS: 03N 02E 30 DATE: 04-24-2025 PAGE: 2 OF 4 THENCE ALONG THE SOUTH LINE OF SAID SRP EASEMENT, NORTH 88 DEGREES 35 MINUTES 11 SECONDS EAST, A DISTANCE OF 16.00 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES 49 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 11 SECONDS WEST, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING OF EASEMENT NO.2. SAID EASEMENT NO.2 CONTAINS AN AREA OF 192 SQUARE FEET. END OF DESCRIPTION PEORIA AVENUE ,-----,------1 I I I I I I I I I l.J...JI I SITE I w =:J □ =:J ~: k I~ ;i----? ----7; ~I I~ c.oj I JLO I · I I I I I I I I l ______ I _____ _J OLIVE AVENUE VICINITY MAP (NTSl T3N, R2E G&SRM 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. EXHIBIT // A // ABBREVIATION TABLE APN ASSESSOR'S PARCEL NUMBER BCHH BRASS CAP IN HAND HOLE LVI LAST VISUAL INSPECTION (Ml MEASURED MCR MARICOPA COUNTY RECORDER NTS NOT TO SCALE PK PARKER KAHLON POB POINT OF BEGINNING POC POINT OF COMMENCEMENT SRP SALT RIVER PROJECT NOTE: LEGEND SECTION AND CENTERLINE PROPERTY LINE C = = = :J EASEMENT AREA EXISTING EASEMENT AS NOTED TIE LINE ♦ SECTION CORNER AS NOTED ~ ~tO\LAND S. ,...~·~="""-.v,s, ,._, ~~\f\CAT£ ,16 ~ ~ c.,<,) • ~ ~ 50640 ~ II CLAYTON II HOWARD . ~ 04/ ll/L.OJ::J.: ~°"----~ 4',s,~,-· /~ONA. U• ,;,• BASIS OF BEARINGS: BASED ON THE MARICOPA COUNTY LOW DISTORTION PROJECTION COORDINATE SYSTEM. SEO., ARIZONA BLUE STAKE LAW, PRIOR TO ANY EXCAVATION. ALL ELECTRIC LINES SHOWN ARE MEASURED TO THE WINDOW OF THE EQUIPMENT PAD UNLESS OTHERWISE NOTED. 1.0. NUMBERS: T3442923 AND T3442932 NOTES THIS EXHIBIT IS INTENDED TO ACCOMPANY AN EASEMENT. ALL PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND NO ATTEMPT HAS BEEN MADE TO VERIFY THE LOCATION OF ANY BOUNDARIES SHOWN. THIS IS NOT AN ARIZONA BOUNDARY SURVEY. SALT RIVER PROJECT C:5~"~~ SURVEY DIVIS I ON AGRICULTURAL IMPROVEMENT & POWER DISTRICT E)[JJ[F LAND DEPARTMENT SRP LDWR NUMBER: NA SCALE: NTS r.o. NUMBER: SEE NOTE !SHEET: 3 OF 4 SAHUARO RANCH PARK CR! EAST & WEST AGENT: SOLIZ !SHEET SIZE: 8.5"x11" NE 1/4, SECTION 30 REVISION: 1 T 3 N R 2 E CREW CH I EF: GENTNER • • ' • • JEPIFIELDDATE: 08-03-2023 13.6 NORTH -6.6 EAST DRAWN: RAUSER CHECKED BY: HOWARD DATE: 04-24-2025 I\) 0 I\) 01 0 w (X) 0 \0 (X) 01 DETAIL "A" L2 r7u L 17 f ~ t ....J \ '-\,;, 4 \ \ \..'\ / / P0B \ \ / EASEMENT N0.1 I I LINE L1 L2 L3 L4 EX H I B I T 11 A 11 I I ---I r ---== I APN 143-12-oolM I, o' sRP EASEMENT 1 DOCKET 12003 PAGE 189 MCR l 1/EASEMENT NO. 4 1991-0196538 MCR l LINE TABLE I I Ill LINE BEARING DISTANCE ,' L5 N01°24'49"W 12.00' I I/ L6 N88°35'11"E 16.00' I II L7 S01°24'49"E 12.00' 11.&.1 LS S88°35'11"W 16.00' I~ II I~ ,--== II DETAIL "B" I~ I a-, ll -----7 ,= so3°15'1o"E S88°44'48"W 12. 00' LINE TABLE BEARING DISTANCE No1°15'12"w 17.00' N88°44'48"E 11.41' 17. 01' \I SEE DETAIL 6 I SEE DETAIL "A" "B" ~ ---_l I ~ 1 o' SRP EASEMENT \~ = ___ =o L5J 7J-u / ,,\, / EASEMENT NO. 3 i---·nE) t-~")\'-<v;/ ---\\-1991-0196538 MCR __________ --~-----LS : o"),\../ l --,~-i;\() PQB ~"l>-~1>-~:,/ ---,i"{-~ss.ll:i EASEMENT N0.2 : ~'0/ ______ \{l\)0 :i2) / ----+ / --- / ---✓-----N88°48'39"E 2638.18'(Ml (BASIS OF BEARING) EAST 1/4 CORNER CENTER 1/4 CORNER SECTION 30 FOUND PK NAIL LVI: 08-03-2023 POC ~ NORTH MOUNTAIN VIEW ROAD SECTION 30 FOUND BCHH L VI: 06-28-2011 SALT RIVER PROJECT e:g~v~LJ SURVEY DIVIS I ON AGRICULTURAL IMPROVEMENT & POWER DISTRICT E)[JJ[F LAND DEPARTMENT SRP LDWR NUMBER: NA SCALE: NTS Ir. o. NUMBER: T3442932 SHEET: 4 OF 4 SAHUARO RANCH PARK CR I EAST & WEST !AGENT: SOLIZ SHEET SIZE: 8.5"x11" NE 1/4, SECTION 30 DRAWN: RAUSER REVISION: 1 T 3 N R CHECKED BY: HOWARD CREW CH I EF: GENTNER • • ' • 2 E • DATE: 04-24-2025 JEP FIELD DATE: 08-03-2023 13.6 NORTH -6.6 EAST I\) 0 I\) 01 0 w (X) 0 \0 (X) 01