Sec. Twn. Rng.
Lat/Long
Safety number
Initials
EASEMENT ENCROACHMENT PERMIT
AND INDEMNIFICATION AGREEMENT
This Easement Encroachment Permit and Indemnification Agreement (this "Agreement") is entered into this
____ day of ________________, 2024, by and between ________, an ___________ (“XYZ”) and Arizona
Public Service Company, an Arizona corporation ("APS").
RECITALS
A. APS retains a RIGHT OF WAY EASEMENT recorded as Document No. __________ for the
construction, operation and maintenance of electric transmission lines and related facilities (the
“Easement”) across a certain parcel(s) of land, situated in the ____________Quarter of Section ________,
Township _________ ____, Range _________ ____, of the Gila and Salt River Base and Meridian,
________________________ County, Arizona, hereinafter referred to as the "Easement Area."
B. APS presently has [insert general description of facilities, such as an overhead 500,000 volt transmission
line along with appurtenant facilities] within the Easement Area (the “Line”).
C. XYZ wishes to encroach upon the Easement Area by constructing and maintaining [insert general
description of requested improvements, such as a curb, pavement or underground utilities] (the
“Improvements”) as more specifically described and detailed on those plans and profiles identified as
[Project name, Engineering Co, Drawing No., date, etc.] (the “Plans”) in the location as shown on
EXHIBIT “A” [XYZ to provide] attached hereto and by this reference made a part hereof. [Unrecorded
Plans to be scanned and linked as related document]
D. APS is willing to allow said encroachment upon the terms and conditions contained herein.
PROMISES AND COVENANTS
NOW, THEREFORE, in consideration of the foregoing recitals and in further consideration of the following
covenants, promises, and provisions, the parties hereby agree as follows:
1. APS hereby authorizes XYZ and its contractors at XYZ’s sole cost and expense, to construct, operate, use
and maintain the Improvements within the Easement Area in the locations and heights as shown on, and
in conformance with, the Plans and Exhibit “A.”
2. XYZ shall comply with all applicable federal, state, and local laws, regulations, and ordinances including,
but not limited to, OSHA, National Electrical Safety Code (“NESC”), National Electrical Code (“NEC”),
and Arizona Revised Statutes (“ARS”). Further, XYZ shall maintain at all times all applicable minimum
clearances between the Lines and any persons, equipment, vehicles, improvements, or materials used
during the construction, operation, maintenance, and/or repair of the Improvements.
3. This Agreement does not convey any third party rights to XYZ for the use of the Easement Area without
the consent of the underlying landowner.
4. Encroachments other than the Improvements above referenced, are not permitted within the Easement
Area without further written consent of APS.
5. XYZ shall indemnify, hold harmless and waive all claims against APS, its employees, agents, and
representatives, for any and all alleged or actual claims, demands, suits, losses, costs, and damages of
every kind and description, including any attorney’s fees or litigation expenses, on account of loss of or
damage to any property, or for injury to or death of any person caused by, arising out of, or contributed
to, in whole or in part, by reason of the location, construction, operation, use, or maintenance, of the
Improvements within the Easement Area; provided, however, that this indemnification, waiver, and
release shall not extend to sole negligence of APS.
6. XYZ further hereby indemnifies APS against loss of revenue if XYZ, its employees, agents, or
representatives, during the construction, operation, and maintenance of the Improvements on the
Easement Area in any way damages the Line, appurtenant facilities, or equipment located within the
Easement Area.
7. XYZ agrees to compensate or reimburse APS for any and all costs, expenses, fees or charges (“Costs”)
that may be incurred by APS associated with XYZ’s crossing of the Easement Area and/or XYZ’s use of
this Agreement. These Costs include, but are not limited to, costs associated with improvements to APS
facilities to accommodate XYZ’s use, such as engineering or other labor related charges, clearances,
access, updating Lidar, construction costs, etc., that may be required by APS or local, state or federal
regulatory agencies.
8. This Agreement shall in no way limit or restrict APS' rights granted under the Easement, including the
right to add to or remove electric facilities on the Easement Area. XYZ shall not interfere with APS' use
of the Easement Area or APS' business conducted thereon.
9. In the event the Improvements placed within the Easement Area are deemed by APS in conflict with the
existing operation, maintenance, construction or reconstruction of the Lines or any additional lines or
facilities installed within the Easement Area, the conflicting Improvements shall be removed or relocated
by XYZ at its sole cost and expense, upon sixty (60) days written notice by APS.
10. XYZ shall maintain at all times, and without limiting XYZ’s indemnification obligations under items 5
and 6 above, Commercial General Liability or Umbrella Liability insurance with a combined single limit
of at least one million dollars ($1,000,000) each occurrence for bodily injury and property damage. The
policy shall cover bodily injury, property damage, and contractual liability. The policy shall name APS
as an additional insured and stipulate that the insurance shall be primary insurance and that any insurance
carried by APS shall not be contributory insurance. XYZ and its insurers providing the required coverage
shall waive all rights of recovery against APS and its affiliates, directors, officers, employees, and agents.
Upon APS' request, XYZ shall provide documentary evidence in a form and content acceptable to APS,
whose acceptance shall not be unreasonably withheld, confirming to its satisfaction that the required
insurance coverage has been obtained and will remain in effect as required by this Agreement.
11. 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 APS and XYZ.
12. XYZ and its contractors agree to contact APS at (602) 371-7171 or by email at PublicSafety@aps.com, prior
to construction to arrange a meeting to discuss the project and ensure that all applicable safety requirements
including, but not limited to, OSHA, NESC, NEC, ARS, and APS safety requirements will be maintained
at all times.
13. For Methods-Excavation Clearances from Poles and Down Guy Rods, refer to the attached APS
Specification Drawing 1290. Variances can be granted with written engineering approval provided by
__________________________________, an authorized representative of APS.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.
_____________________,
an _____________________
By: ________________________________
Title: _______________________________
STATE OF _________________
COUNTY OF _______________
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The foregoing instrument was acknowledged before me this ______ day of _______________, 20__, by
______________________________________ of the ____________ that executed the within instrument.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Seal
______________________________________
Notary Public
Arizona Public Service Company,
an Arizona corporation
By:
Title:
STATE OF ARIZONA
COUNTY OF MARICOPA
Supervisor, Land Services
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The foregoing instrument was acknowledged before me this _______day of _____________________,
20__, by ____________________________, Supervisor, Land Services, of Arizona Public Service Company, the
corporation that executed the within instrument.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Seal
________________________________________
Notary Public
EXHIBIT “A”
(Drawing showing Section/Property ties to encroachment area)