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Home My WebLink AboutProperty #: P17-026 - 11/28/2017WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PAB350 P. O. Box 52025 Phoenix, Arizona 85072-2025 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES 20170915091 12/11/2017 ELECTRONIC RECORDIN 201759519-9-1-1-- knucklesa EXEMPT PURSUANT TO A.R.S: §§ I1 -1134(A)(2) and (A)(3) POWER DISTRIBUTION EASEMENT 17-1 O Maricopa County Parcel # 148-27-002K NE'/, SEC. 20, T03N, R02E CITY OF GLENDALE, a Municipal corporation, Agt. JMM� ..- Job # T2071808 / LJ63100 W_ C :ms q,6 47 hereinafter called Grantor, for and in consideration of the sum of One Dollar, 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 Patcel, over, across, through and along Grantor's Property (defined below) (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: Grantor's Property: A parcel of land situated in part of the South half of the Northeast quarter of Section 20, Township 3 North, Range 2 East of the Gila and Salt River Base and Meridian Maricopa County, Arizona, as described in Warranty Deed instrument # 1977-0115689 Maricopa County, Arizona. . 02:05 20170915091 Easement Parcel: Said easement being a strip of land delineated on Exhibit "A" (CACTUS & 53RD AVE, SRP AMP #T2071808, prepared by Salt River Project A.I. & Power District, dated 3/30/2017), said Exhibit "A" attached hereto and made a part hereof. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 20170915091 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. After the completion of any construction or installation 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 and dry 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. 5. Pei petual 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. 20170915091 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. Restoration. If Grantee performs excavation activities on the Easement Parcel and Grantee. damages any improvements of Grantor that are in compliance with Grantor's requirements hereunder, including without limitation the requirements set forth in paragraphs 2 and 3 above, Grantee will promptly repair such damage as is reasonably possible at the expense of Grantee. 9. Private Use. The provisions of this Easement Agreement are not intended to and do not constitute a grant, dedication, or conveyance for public use of the Easement Parcel. The rights herein created are private and for the benefit only of Grantor and Grantee and their successors and assigns. 10. 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 document. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 20170915091 IN WITNESS WHEREOF, CITY OF GLENDALE, a Municipal corporation has caused its name to be executed by its duly authorized representative(s), this ? day of i 1ov ennln ar , 2a q. CITY OF GLENDALE, By Its L C APPROVED AS TO FORM: City A ey �fore-Citvof Glendale STATE OF C ) ss COUNTY OF ss cir 1� ATTEST: City Clerk The foregoing ins ment was acknowledged before me this,day of�/'2Vy�� by �` as of the CITY OF GLENDALE, a Municipal corporation, on behal o u\ s�h ilk My Commission Expires: RMBARA f V tNotary Public ` �e o ,` Stamp/Seal Legal Approved Form 02-08-2017 mcm 20170915091 EXHIBIT "'A'I CACTUS ROAD LEGEND r-------- i-------� --------- SECTION AND CENTERLINE N I I10B SITE I W PROPERTY LINE ' i ❑ I W LIMITS OF 8' EASEMENT — EXISTING EASEMENT �I N x I I "' SECTION CORNER AS NOTED Ln I j ' I PEORIA AVENUE VICINITY MAP (NOT TO SCALE) T3N R2E G&SRM ABBREVIATION TABLE APN ASSESSOR'S PARCEL NUMBER BC BRASS CAP (C) CALCULATED �`" 42945 FND FOUND CHAD LVI LATEST VISUAL INSPECTION a WOOL GAR M.C.R. MARICOPA COUNTY RECORDER • v X00 •' (M) MEASURED of 3 �'��?a ••• �• (R) RECORDED •s Nu A. P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT REGISTRATION EXPIRES: 06-30-2017 OVERHEAD/UNDERGROUND ELECTRIC POWER LINE RIGHT-OF-WAY MARICOPA COUNTY, ARIZONA 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 UNLESS OTHERWISE NOTED. BOUNDARIES SHOWN. THIS IS NOT AN ARIZONA BOUNDARY SURVEY. SALT RIVER PROJECT cs&°paw SURVEY DIVISION AGRICULTURAL IMPROVEMENT & POWER DISTRICT E)DM' LAND DEPARTMENT SRP JOB NUMBER: 12140 SCALE: NOT TO SCALE CACTUS & 53RD AVE NE 1/4, SECTION 20 T. 3N., R. 2E. 14.75 SOUTH - 7.75 EAST AMP W/O NUMBER:T2071808 SHEET: 1 OF12 AGENT: J.MESSINA .7;P-.sy.6.17 SHEET SIZE: 8.5"x11" DRAWN:R.ROSSELLI REVISION: CHECKED BY: CREW CHIEF: D.McCAFFERY DATE: 03/30/2017 FIELD DATE: 03/22/2017 20170915091 ff- I W to CENTER 1/4 CORNER AICD EAST 1/4 CORNER SEC 20, T.3N., R.2 SEC 20, T.3N., R.2E. clo FND BRASS CAP �,iz FND BRASS CAP FLUSH FLUSH LVI(12/05/2007) LVI(06/17/2016) I P.O.C. A -_-_ _ 1305.71' _ _1331.19'7'1� CHER STREET N89047'22"W 2636.90'(M) BASIS OF BEARINGS � L4 EXHIBIT "A" 7' SRP EASEMENT L5 L1 DOCKET 15543, L3 7' SRP EASEMENT II PAGE 715 M.C.R. 1 DOCKET 15543, L2 PAGE 715 M.C.R. NCITY OF GLENDALE I 1 FIELD.DATE: 03/22/2017 APN 148-27-002K I I 1977-0115689 M.C.R. a 0 I � I Ln 7' SRP EASEMENT I� DOCKET 15543, SEE I DETAIL PAGE 715 M.C.R.DETAIL N Ll! Z — —� -- ff- I W to CENTER 1/4 CORNER AICD EAST 1/4 CORNER SEC 20, T.3N., R.2 SEC 20, T.3N., R.2E. clo FND BRASS CAP �,iz FND BRASS CAP FLUSH FLUSH LVI(12/05/2007) LVI(06/17/2016) I P.O.C. A -_-_ _ 1305.71' _ _1331.19'7'1� CHER STREET N89047'22"W 2636.90'(M) BASIS OF BEARINGS � L4 I I 7' SRP EASEMENT L5 L1 DOCKET 15543, L3 AGENT: J.MESSINA rns q.l,.17 PAGE 715 M.C.R. 1 DRAWN: R.ROSSELLI L2 CHECKED BY: 11 I P.O.B. 1 FIELD.DATE: 03/22/2017 Ln NI o, Ln �I m N p' zl DETAIL �I SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT SRP JOB NUMBER: 12140 SCALE: NOT TO SCALE AMP W/O NUMBER:T2071808 SHEET: 2 OF 2 AGENT: J.MESSINA rns q.l,.17 SHEET SIZE: 8.5"x11" DRAWN: R.ROSSELLI REVISION: CHECKED BY: CREW CHIEF: D.MCCAFFEI DATE: 03/30/2017 1 FIELD.DATE: 03/22/2017 L1 N89°19'40"W 30.00'(C) L2 S44040'51"W 5.01'(C) L3 N00°06'53"W 11.35'(C) L4 N44040'51"E 5:24'(C) L5 SOO°40'20"W 11.51'(C) op°°ate SURVEY DIVISION a� LAND DEPARTMENT CACTUS & 53RD AVE NE 1/4, SECTION 20 T. 3N., R. 2E. 14.75 SOUTH - 7.75 EAST 20170915091 DATE: 3/30/2017 TTRRSS: 3N2E, 20 LDWR NO: 12140/T2071808 JOB NAME: CACTUS & 53RD AVE TECH NAME: R.ROSSELLI Page 1 of 2 AN EASEMENT LOCATED IN THE NORTHEAST QUARTER.OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE'GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING 8.00 FEET IN WIDTH, THE LIMITS OF WHICH DESCRIBED AS FOLLOWS; COMMENCING ATTHE EAST QUARTER CORNER OF SAID SECTION 20, BEING A CITY OF GLENDALE BRASS CAP FLUSH, FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION 20, BEING A CITY OF GLENDALE BRASS CAP FLUSH, BEARS NORTH 89 DEGREES 47 MINUTES 22 SECONDS WEST, A DISTANCE OF 2636.90 FEET (BASIS OF BEARING); THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, .NORTH 89 DEGREES 47 MINUTES 22 SECONDS WEST, A DISTANCE OF 1331.19 FEET TO A CITY OF GLENDALE BRASS CAP FLUSH, MARKING THE CENTERLINE OF CHOLLA STREET AND 53RD AVENUE; THENCE LEAVING SAID SOUTH LINE, NORTH 00 DEGREES 40 MINUTES 20 SECONDS EAST, ALONG THE CENTERLINE OF 53RD AVENUE, A DISTANCE OF 293.55 FEET; THENCE LEAVING SAID CENTERLINE OF 53RD AVENUE, NORTH 89 DEGREES 19 MINUTES 40 SECONDS WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST PROPERTY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DOCUMENT 1977-0115689 AS RECORDED IN MARICOPA COUNTY RECORDERS OFFICE, BEING THE POINT OF BEGINNING; THENCE SOUTH 44'40'51" WEST, A DISTANCE OF 5.01' FEET TO A POINT ON THE EAST LINE OF THAT CERTAIN 7' SRP EASEMENT DESCRIBED IN DOCKET 15543 PAGE 715 AS RECORDED IN MARICOPA COUNTY RECORDERS OFFICE; THENCE NORTHERLY ALONG THE EAST LINE OF SAID 7' SRP EASEMENT, NORTH 00°06'53" WEST, A DISTANCE OF 11.35; THENCE DEPARTING THE EAST LINE OF SAID 7' SRP EASEMENT, NORTH 44°40'51" EAST, A DISTANCE OF 5.24 FEET, TO A POINT ON THE EAST PROPERTY LINE OF SAID PARCEL OF LAND DESCRIBED IN DOCUMENT 1977-0115689 AS RECORDED IN MARICOPA COUNTY RECORDERS OFFICE; 20170915091 DATE: 3/30/2017 TTRRSS: 3N2E, 20 LDWR NO: 12140/T2071808 JOB NAME: CACTUS & 53RD AVE TECH NAME: R.ROSSELLI Page 2 of 2 THENCE SOUTHERLY ALONG SAID EAST PROPERTY LINE, SOUTH 00°40'20" WEST, A DISTANCE OF 11.51 FEET TO SAID POINT OF BEGINNING. SAID EASEMENT CONTAINS AN AREA OF 41 SQUARE FEET, MORE OR LESS. END OF DESCRIPTION REGISTRATION EXPIRES: 06-30-17 CFedS #1139