2026-06-25_ - PC 2295 -CONTRACT-NO-26-LE-32-4460-MARICOPA-COUNTY.PDF
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Contract No. 26-LE-32-4460 Case No. 25-001 Exempt per A.R.S. § 11-1134 A.3. ORIGINAL UNITED ST A TES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION SALT RIVER PROJECT CONTRACT AND GRANT OF EASEMENT THIS CONTRACT AND GRANT OF EASEMENT, made this ___ day of _______________, pursuant to the Reclamation Act ofJune 17, 1902 (32 Stat. 388), the Reclamation Project Act of 1939 (53 Stat. 1187), and all acts amendatory thereofor supplementary thereto, between the UNITED STATES of AMERICA, hereinafter referred to as "United States," and Maricopa County, a political subdivision of the State of Arizona, hereinafter referred to as "Grantor." WITNESSETH: That the Salt River Project Agricultural Improvement and Power District (SRP), an agricultural improvement district organized and existing under the laws of the State of Arizona, intends to relocate a portion of a federal irrigation facility acquired for a project purpose to a piped irrigation facility at a new location; and, WHEREAS, the United States owns a real property interest along the existing irrigation facility, and Granter owns the fee title to the real property onto which the irrigation facility will be relocated; and, WHEREAS, Grantor intends to grant to the United States and its assigns that certain real property interest needed for the relocated facility, in exchange for the United States' release of that portion of its existing real property interest no longer needed for project purposes, and for the purpose ofbenefitting future development ofthe real property; and, WHEREAS, the United States will release its interest, ifany, in and to the real property interest no longer needed by Contract No. 26-LE-32-4462 to Maricopa County, a political subdivision ofthe State ofArizona, and by Contract No. 26-LE-32-4463 to the State ofArizona, by and through its Department ofTransportation, and by Contract No. 26-LE-32-4464 to the City of Glendale, an Arizona municipal corporation, and by Contract No. 26-LE-32-4465 to the Flood Control District ofMaricopa County, a municipal corporation and a political subdivision of the State ofArizona, and any and all other owners ofrecord ofthe underlying fee title. NOW THEREFORE, for valuable consideration, receipt ofwhich is hereby acknowledged, the parties agree to the following grant and mutual covenants: 1. Grantor does hereby grant, with general warranty of title, unto the United States ofAmerica and its assigns a perpetual easement to construct, reconstruct, operate and maintain certain water distribution system pipelines, as part of the Salt River Project water distribution system, and such structures, installations and facilities used in the construction, reconstruction, operation and maintenance of said water distribution system, across certain land situated in the County of Maricopa, State ofArizona, and more fully described in Exhibit "A" attached hereto and by this reference made part hereof. 2. The grant of easement herein contained shall include the perpetual right of ingress and egress over said premises to construct, reconstruct, operate, maintain, enlarge, improve, relocate, remove, repair and renew said water distribution system, together with the present and future right to clear said right-of-way to the extent deemed necessary by the United States to protect the rights and privileges herein granted. 3. The United States, its successors and assigns, may hold such easement forever for all purposes consistent with the water distribution feature ofSalt River Project, or any changes, or additions or modifications that may hereafter be made therein, and the United States, its successors and assigns, will have the perpetual right to take and use materials, as well as all of the rights incident to such water distribution feature, or any changes, additions, or modifications thereof over, upon or across said right-of-way described in Exhibit "A". 4. The Grantor hereby ratifies and affirms the right of the United States, its permittees, successors or assigns, to construct, reconstruct, operate, maintain, enlarge, improve, relocate, remove, repair and renew, together with the right ofaccess thereto for such purposes, at any time and from time to time, a water conduit and related facilities, consisting ofone or more canals, pipelines, laterals, markers, air valves, manholes, valves, meters, surge control devices, buried communication conduits, and all other fixtures, devices and appurtenances related thereto, and to conduct all related activities in, on, under, and across the land described in Exhibit "A" under the following conditions: (a) The United States shall have the right to use the subject land for ingress and egress at any time without prior notice, together with the right to use existing or future roadways, lanes and rights-of-way on Grantor's property adjacent thereto, as may be convenient and necessary for the purposes of exercising the rights herein granted. The United States may, at any time, install and/or use gates in any fences which are now or may hereafter be constructed and to trim, cut and clear away trees or brush whenever, in its judgment, the same shall be necessary for the convenient and safe exercise ofthe rights hereby granted, on said lands described in Exhibit "A", or on such adjoining lands for the purpose ofexercising the rights herein granted. (b) The rights granted to, and exercised by, the United States shall be subject to all existing structures, fencing, canals, ditches, pipelines, roadways, and rights-of-way, and all future uses thereof, including but not limited to the right ofthe Grantor to use the lands within said parcel for agricultural and other purposes that do not directly or indirectly interfere with or endanger the exercise of the rights ofthe United States; PROVIDED, HOWEVER, that the Grantor shall clear and keep clear the lands described in Exhibit "A", from explosives, buildings and structures ofall kinds or facilities of a permanent nature which directly or indirectly interfere or could interfere with the rights of the United States, and shall not drill any well, install swimming pools, or alter ground level by cut or fill, within the limits ofsaid rights-of-way and the United States shall have the permanent right of exclusive use and possession within the easement. 5. The grant ofeasement herein contained is subject to easements and rights-of-way existing or ofrecord in favor of the public or third parties, and subject to any outstanding interest in any and all organic or inorganic substances in or under said land. 6. Granter warrants that no person or agency has been employed or retained to solicit or secure this grant upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the Granter for the purpose ofsecuring business. 7. No Member ofor Delegate to Congress or Resident Commissioner shall be admitted to any share or part ofthis grant or to any benefit that may arise here from, but this restriction shall not be construed to extend to this grant if made with a corporation or company for its general benefit. 8. The provisions ofthis grant shall obligate and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns ofthe parties to this grant. ------------- ---- IN WITNESS WHEREOF, the parties hereto have signed their names the day and year first above written. Maricopa County, a political subdivision of the State ofArizona By:------------ Title: UNITED STATES of AMERICA By: ---~ ---- Alexander B. Smith Area Manager Phoenix Area Office Bureau of Reclamation Contract No. 26-LE-32-4460 Case No. 25-001 ACKNOWLEDGMENT State of Arizona ) ) ss. County of Maricopa) On this __ day of____________. ______,. before me, _____________, a Notary Public in and for said County and State, personally appeared _____________________, on behalf of Maricopa County, a political subdivision of the State of Arizona, known to me to be the person described in the foregoing instrument, and acknowledged to me that he/she executed the same in the capacity therein stated and for the purpose therein contained. Notary Public in and for said County and State , ~ "" • Contract No. 26-LE-32-4460 Case No. 25-001 ACKNOWLEDGMENT State of Arizona ) ) ss. County of Maricopa ) --~----~-• _- _____, $ OJ.?:, , before me, personally appeared atual/dt.L' B-.Saz,/-1'-- , Area Manager, Phoenix Area Office, Bureau of Reclamation, Department of the Interior, UNITED ST A TES of AMERICA, known to me to be the person described in the foregoing instrument, and acknowledged to me thaiQhe executed the same on behalf of the United States in the capacity therein stated and for the purpose therein contained. NICOLE QUAMEN• TINOCO Notary Public • Arizona Maricopa County Commission# 653614 My Comm. Expires Aug 13, 202 7 ~~-Z:~eo -irotaryPublic in and for said County and State Wood, Patel & Associates, Inc. 602.335.8500 www.woodpatel.com Revised January 22, 2025 WP# 215248.80 Page 1 of 2 EXHIBIT "A" DESCRIPTION OF REAL ESTATE IN MARICOPA COUNTY, STATE OF ARIZONA A PARCEL OF LAND LYING WITHIN THE NORTHEAST QUARTER (NE 1/4) OF SECTION FIVE (5), TOWNSHIP TWO (2) NORTH, RANGE ONE (1) EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT NORTHEAST CORNER OF SAID SECTION 5, A 3-INCH BRASS CAP IN HANDHOLE, FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION, A 3-INCH BRASS CAP IN HANDHOLE, BEARS SOUTH 88 DEGREES 54 MINUTES 48 SECONDS WEST (BASIS OF BEARING), A DISTANCE OF 2625.89 FEET; THENCE ALONG THE NORTH LINE OF SAID SECTION, SOUTH 88 DEGREES 54 MINUTES 48 SECONDS WEST, A DISTANCE OF 57.38 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 01 DEGREES 05 MINUTES 12 SECONDS EAST, A DISTANCE OF 118.86 FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03 MINUTES 16 SECONDS WEST, A DISTANCE OF 20.06 FEET; THENCE SOUTH 85 DEGREES 43 MINUTES 46 SECONDS WEST, A DISTANCE OF 20.46 FEET; THENCE SOUTH 01 DEGREES 19 MINUTES 46 SECONDS EAST, A DISTANCE OF 9.31 FEET; THENCE SOUTH 40 DEGREES 15 MINUTES 22 SECONDS EAST, A DISTANCE OF 31.19 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 16 SECONDS WEST, A DISTANCE OF 30.92 FEET; THENCE NORTH 40 DEGREES 15 MINUTES 22 SECONDS WEST, A DISTANCE OF 74.60 FEET; THENCE NORTH 31 DEGREES 43 MINUTES 34 SECONDS EAST, A DISTANCE OF 23.56 FEET; EXHIBIT 11A" Revised January 22, 2025 PROPOSED USA EASEMENT WP# 215248.80 Page 2 of 2 THENCE NORTH 46 DEGREES 42 MINUTES 55 SECONDS EAST, A DISTANCE OF 9.44 FEET; THENCE NORTH 85 DEGREES 43 MINUTES 46 SECONDS EAST, A DISTANCE OF 29.10 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.05 ACRE(S), MORE OR LESS. EXPIRES 12·31-26 - - - EXHIBIT NORTHERN A VENUE (BASIS OF BEARING} ~ S88°54'48"W 2625.89' L1 1 - NORTH LINE OF SECTION 5 I NORTHEAST CORNER L NORTH 1/4 CORNER SECTION 5, T2N, R1 E, G&SRM PROPOSED USA EASEMENT 3" BCH (0.05 ACRES) L9 L10 N 0 100 200 EXPIRES 12-31-26 ~--• I Horz. 1in. = 100 ft. SECTION 5, T2N, R1E, G&SRM 3"BCH POC NORTHERN AVENUE SITE / w w ::::, ::::, ~<z ,____SECTION5, ~ ::i: T2N,RIE-- < ~ G&SRM ::i: ~ ~ ..... GLENDALE AVENUE VICINITY MAP 2" =1MILE MARICOPA COUNTY PROPOSED USA EASEMENT REVISED 01/22/2025 WP# 215248.80 PAGE 1 OF2 SCALE: 1" =100' Z:\2021 \215248\Survey\Legal\5248-L88R07.dwg EXHIBIT LINE TABLE LINE BEARING DISTANCE L1 saa0 54'48"W 57.38' L2 S01°05'12"E 118.86' L3 s00°03'16"W 20.06' L4 S85°43'46"W 20.46' L5 S01°19'46"E 9.31' L6 S40°15'22"E 31.19' LINE TABLE LINE BEARING DISTANCE L7 s00°03'16"W 30.92' LB N40°15'22"W 74.60' L9 N31°43'34"E 23.56' L10 N46°42'55"E 9.44' L11 N85°43'46"E 29.10' MARICOPA COUNTY PROPOSED USA EASEMENT REVISED 01/22/2025 WP# 215248.80 PAGE2 OF 2 EXPIRES 12·31·26 Z:\2021 \215248\Survey\Legal\5248-LBBR07.dwg