WATER_ LINE _EASEMENT_ SIGNED BY MCAO.PDF

WHEN RECORDED MAIL TO:  
 
City of Mesa 
Real Estate Services 
PO Box 1466 
Mesa, Arizona 85211-1466 
 
 
WATER LINE EASEMENT 
Maricopa County, Arizona 
 
 
 
              
APN:  134-24-008F 
SE ¼, Sec. 33, T1N, R5E 
/ji 
 
 
 
 
 
 
Maricopa County, a political subdivision of the State of Arizona, , ( “Grantor”), for and in 
consideration of the sum of One Dollar ($1.00) and other valuable consideration, the sufficiency and 
receipt of which are hereby acknowledged, does hereby grant and convey to the CITY OF MESA, an 
Arizona municipal corporation (“Grantee”), for use as such, a permanent and exclusive water line 
easement over, across, under, and upon the lands described below (the “Easement Property”).  The 
dedication of the Easement Property as a water line easement includes the following uses: to construct, 
install, access, maintain, repair, reconstruct, replace, remove and operate a water line, and all 
appurtenances thereto (collectively, the “Facilities”), at such locations and elevations over, across, under, 
and upon the Easement Property as Grantee may now or in the future deem convenient or necessary, 
together with the right to alter ground level by cut or fill and the unrestricted right of vehicular and 
pedestrian ingress and egress to, from and across the Easement Property.   
 
 
 
The lands over, across, under, and upon which this water line easement (“Easement”) is granted are 
situated in the County of Maricopa, State of Arizona, and are more particularly described as: 
 
 
Easement Property: 
SEE ATTACHED EXHIBIT A WHICH LEGALLY DESCRIBES 
THE EASEMENT PROPERTY, ATTACHED HERETO AND BY THIS REFERENCE 
MADE A PART HEREOF. 
 
 
 
1. 
Grantor’s Uses.  Grantor shall not, and shall not permit others to, construct, install or place 
any building or structure or improvement, drill any well, store materials of any kind, or alter ground level 
by cut or fill within the Easement Property without the prior written approval of the Grantee.  Additionally, 
Grantor’s use of the Easement Property shall be in compliance with all applicable City of Mesa codes and 
ordinances as may be amended from time to time; such ordinance requirements include, but are not limited 
to, having to obtain right-of-way and/or encroachments permits, as may be applicable.  Grantor shall not 
grant or convey any rights related to the Easement Property that conflicts or interferes with the rights herein 
given to Grantee.   
 
 
 
 
 
DocuSign Envelope ID: C61F0E06-D392-420F-82D8-120F4EA6BB40

2. 
Improvements and Vegetation.  Grantee shall have the right to remove structures and 
improvements on the Easement Property whenever necessary to install, repair, replace or maintain the 
Facilities or use the Easement Property as permitted herein, and further shall have the right (but not the 
obligation) to trim, cut, and clear away trees, brush, or other vegetation on the Easement Property whenever 
reasonably necessary for its use, operation, maintenance of, and access to the Facilities or for safety or 
reliability reasons.  
 
 
3. 
Ownership and Authority to Execute.  Grantor represents and warrants that Grantor is the 
owner of the Easement Property.  The individual(s) executing this document represents and warrants 
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. 
 
 
4. 
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 Easement in a court of appropriate venue and jurisdiction in 
Maricopa County, State of Arizona.  The rule of strict construction shall not apply to this instrument.  
This instrument shall be given a reasonable construction so the intention of the parties is implemented.  
If any provision of this Easement 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 the Easement shall 
remain in full force and effect. 
 
 
5. 
Amendments.  This Easement 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. 
 
 
6. 
Running of Benefits and Burdens.  The benefits and burdens, and the covenants and 
agreements in this Easement shall run with and burden the land and shall extend and inure in favor and to 
the benefit of, and shall be binding on, Grantee and Grantor and their respective successors and assigns.  
 
 
 
 
 
 
[SIGNATURES APPEAR ON THE FOLLOWING PAGE] 
 
 
 
 
 
DocuSign Envelope ID: C61F0E06-D392-420F-82D8-120F4EA6BB40

IN WITNESS WHEREOF Maricopa County, a political subdivision of the State of Arizona has 
caused its name to be executed by its duly authorized representative(s) this ____   day of ______, 
 
GRANTOR: 
 
MARICOPA COUNTY, a political subdivision of the State of Arizona 
 
 
 
 
 
 
 
 
 
By: Clint Hickman 
Chairman of the Board of Supervisors 
 
ATTEST: 
 
 
 
 
 
 
 
 
 
Clerk of the Board 
 
 
Date 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
Deputy County Attorney 
 
 
STATE OF ARIZONA 
) 
 
 
 
 
) SS. 
COUNTY OF MARICOPA  ) 
 
The foregoing Water Line Easement t was acknowledged before me this   
 day of  
 
 
 
 20___, by Clint Hickman, Chairman of the Maricopa County Board of 
Supervisors. 
 
 
My Commission Expires  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Notary Public  
 
 
 
_______________________________ 
(Notary Stamp/Seal) 
 
This instrument is exempt from the real estate transfer fee and affidavit of legal value 
required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth 
in A.R.S. Section 11-1134(A)(2) and/or (A)(3). 
DocuSign Envelope ID: C61F0E06-D392-420F-82D8-120F4EA6BB40

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MESA, ARIZONA 85210
2045 SOUTH VINEYARD, SUITE 101
TEL 480.768.8600
ENGINEERING
 
DocuSign Envelope ID: C61F0E06-D392-420F-82D8-120F4EA6BB40

COUNTRY CLUB DRIVE
BASELINE ROAD
www.sunrise-eng.com
MESA, ARIZONA 85210
2045 SOUTH VINEYARD, SUITE 101
TEL 480.768.8600
ENGINEERING
DocuSign Envelope ID: C61F0E06-D392-420F-82D8-120F4EA6BB40