AVONDALE NO BUILD EASEMENT FINAL.PDF
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1 NO-BUILD EASEMENT AGREEMENT GRANTOR: MARICOPA COUNTY, a political subdivision of the State of Arizona (the “County”) GRANTEE: CITY OF AVONDALE, an Arizona municipal corporation (the “City”) THIS NO-BUILD EASEMENT AGREEMENT (this “Agreement”) is entered into on , 2026, by and between the County and the City for the purposes set forth below. RECITALS A. The County is the record owner of certain real property at the location identified on Exhibit A, attached hereto and incorporated herein by this reference (the “Easement Area”). The Easement Area is a part of the County-owned parcel assigned Assessor’s Parcel Number 500-26-003B. B. The County and the City desire to enter into this Agreement for the County to grant to the City a non-exclusive, perpetual easement (the “No-Build Easement”) together with a covenant restricting construction within the Easement Area, and the necessary right of access, ingress and egress over the Easement Area, for purposes of installing, inspecting, accessing, maintaining, repairing, replacing, or removing a fence or wall, within the Easement Area. This easement is non-exclusive and Grantor retains all rights not expressly granted herein. C. The City owns the property contiguous to the Easement Area and assigned Assessor’s Parcel Number 500-26-003C (the “City Parcel”). The City is building housing on the City Parcel, and requires the No-Build Easement to complete its transitional housing project. [AGREEMENT BEGINS ON THE FOLLOWING PAGE] When Recorded Mail To: City Clerk City of Avondale 11465 West Civic Center Drive, Suite 200 Avondale, Arizona 85323 This Easement is exempt from recording fee and Affidavit of Property Value pursuant to A.R.S. §11-1134(A)(2) 2 AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference and the mutual covenants set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. The County hereby grants and conveys unto and for the benefit of the City the Easement Area for the following purposes: (i) installing, operating, inspecting, accessing, maintaining, repairing, replacing, or removing a fence, wall or barrier in the Easement Area; (ii) creating an open and unoccupied area in which no buildings or structures may be built; and (iii) complying with the separation and distance requirements of the City’s Zoning Code and Building Code. 2. Grantor’s Uses. The County shall not use the Easement Area in a manner that materially interferes with the rights granted to the City under this Agreement. The County shall not grant or convey any rights related to the Easement Area that conflict or interfere with the rights herein given to the City. 3. Notice Before Non-Emergency Work. Except in emergency situations, Grantee shall provide Grantor at least forty-eight (48) hours prior notice before commencing construction, excavation, or major maintenance activities within the Easement Area. 4. Improvements and Vegetation. Grantee shall have the right (but not the obligation) to trim, cut, and clear away trees, brush, or other vegetation on the Easement Area whenever reasonably necessary for its use, operation, maintenance of, and access to the Easement Area. Grantee shall promptly restore the Easement area disturbed by Grantee’s activities to a condition substantially similar to that existing before such disturbance. Grantee shall be solely responsible for maintenance, repair, replacement, and removal of all fences, walls, barriers and related improvements installed by Grantee. 5. Ownership and Authority to Execute. The County represents and warrants that the County is the owner of the Easement Area. The individual(s) executing this document represent and warrant that: (i) he or she is authorized to do so on behalf of Grantor; and (ii) 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. 6. Governing Law, Venue, Jurisdiction, Construction, and Severability. This instrument shall be construed in accordance with the laws of the State of Arizona. A party shall bring any action related to a dispute arising out of this Agreement in a court of appropriate venue and jurisdiction in Maricopa County, State of Arizona. If any provision of this Agreement is or becomes illegal, or is found to be null or void for any reason, or is held unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall remain in full force and effect. 7. Indemnification. Each party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other party (as “Indemnitee”) from and against any and all third-party Claims 3 arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims arise out of or are related to the use of the Easement Area and are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, or employees. The indemnity, duty to defend, and hold harmless requirements stated in this No- Build Easement shall include, but are not limited to, any and all claims for injury to persons, loss of life, or damage to property. For the purpose of this No-Build Easement, the term “Claims” means, collectively, all claims, demands, fines, penalties, costs, expenses, damages, losses, obligations, judgments, liabilities, and suits (including attorneys’ fees, experts’ fees and court costs associated with all such matters). Nothing herein shall be construed as a waiver of any defense, immunity, or limitation of liability available under Arizona law. 8. Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the assigns and successors of the parties hereto. 9. Amendments. This Agreement may be amended only by recording, in the office of the Recorder of Maricopa County, Arizona, an instrument in writing reciting such amendment, bearing the acknowledged signatures of both Grantor and Grantee, or their successors and assigns. 10. Counterparts. This Agreement may be executed in counterparts, all of which are identical, each of which shall be deemed an original, and all of which counterparts, when executed, taken together shall constitute one and the same instrument. 11. Cancellation by City. This Agreement may be cancelled by the City or the Grantor pursuant to A.R.S. § 38-511 at which time, Grantor and Grantee will execute and record an easement release or termination instrument and the Easement shall revert back to the Grantor. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. GRANTOR: MARICOPA COUNTY, a political subdivision of the State of Arizona By: ________________________________ Its: Chair, Board of Supervisors Date ATTEST: ________________________________ Clerk of the Board Date Approved as to form: ________________________________ Deputy County Attorney Date (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2026, by , of Maricopa County, a subdivision of the State of Arizona, on behalf of the Maricopa County. Notary Public in and for the State of Arizona (affix notary seal here) 5 ACCEPTED: GRANTEE: CITY OF AVONDALE, an Arizona municipal corporation Ron Corbin, City Manager (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2026, by Ron Corbin, the City Manager of the CITY OF AVONDALE, an Arizona municipal corporation, on behalf of the City of Avondale. Notary Public in and for the State of Arizona (affix notary seal here) 6 EXHIBIT A TO NO-BUILD EASEMENT BETWEEN THE CITY OF AVONDALE AND MARICOPA COUNTY [Legal Description and map] See following pages PAGE 1 OF 1 Bowman • 1600 N Desert Drive, Suite 210 • Tempe, Arizona 85288 • P: 480.629.8830 June 24, 2026 Project # 052383-01-001 LEGAL DESCRIPTION NO-BUILD EASEMENT A PARCEL OF LAND IN THE SOUTHWEST QUARTER (SW 1/4) OF SECTION ELEVEN (11), TOWNSHIP ONE (1) NORTH, RANGE ONE (1) WEST, OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND CITY OF AVONDALE BRASS CAP IN HAND HOLE AT THE INTERSECTION OF WESTERN AVENUE AND DYSART ROAD, BEING THE SOUTHWEST CORNER (SW) OF SECTION 11 FROM WHICH A FOUND CITY OF AVONDALE BRASS CAP IN A HAND HOLE AT THE WEST QUARTER CORNER OF SAID SECTION 11, BEARS NORTH 00 DEGREES 01 MINUTES 11 SECONDS EAST, A DISTANCE OF 2,644.68 FEET; THENCE ALONG SAID LINE NORTH 01 DEGREES 00 MINUTES 11 SECONDS EAST, A DISTANCE OF 1322.27 FEET TO THE INTERSECTION OF DYSART ROAD AND RILEY DRIVE; THENCE ALONG SAID CENTERLINE OF RILEY DRIVE SOUTH 89 DEGREES 48 MINUTES 20 SECONDS EAST, A DISTANCE OF 1535.81 FEET; THENCE DEPARTING SAID LINE SOUTH 00 DEGREES 11 MINUTES 40 SECONDS WEST A DISTANCE OF 302.19 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 05 SECONDS EAST A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 59 MINUTES 05 SECONDS EAST A DISTANCE OF 6.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 55 SECONDS WEST A DISTANCE OF 450.00 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 05 SECONDS WEST A DISTANCE OF 6.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 55 SECONDS EAST A DISTANCE OF 450.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,700 SQ.FT. OR 0.0620 ACRES, MORE OR LESS.