ASSIGNMENT AND ASSUMPTION OF GRANT OF EASEMENT 5-10-21.PDF

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WHEN RECORDED RETURN TO: TRIBAL X
Salt River Pima-Maricopa Indian Community INDIVIDUALLY OWNED
Engineering & Construction Services Department GOVERNMENT OWNED
Rights of Way Section
TAAMS NO.: 4200174377
JOB NO.: N/A
NAME: Shea Boulevard Easement
___________________________________________________________________________
ASSIGNMENT AND ASSUMPTION OF GRANT OF EASEMENT
THIS ASSIGNMENT AND ASSUMPTION OF THE GRANT OF EASEMENT
(this "Assignment") is entered into as of this ______ day of _______________, 20_____, by
and between Maricopa County, a political subdivision of the State of Arizona ("Assignor" or
“Grantee”), and the Arizona Department of Transportation ("Assignee").
RECITALS:
A. Maricopa County, a political subdivision of the State of Arizona, (“Grantor”) and
Assignor previously executed and delivered that certain Grant of Right of Way by Resolution
No. SR-415-65 for the construction, operation, and maintenance of a public road, Shea
Boulevard (“Easement”), which was consented by the Salt River Pima-Maricopa Indian
Community on September 15, 1964 and granted by the Bureau of Indian Affairs on
August 26, 1965 a copy of which is attached hereto as Exhibit A, with respect to certain
premises more particularly described in the aforementioned exhibit (the “Easement
Premises”) and located within the political boundaries of the Salt River Pima Maricopa
Indian Community (the “SRPMIC”).
B. Pursuant to the Grant of Right of Way, Assignor is authorized to assign and
transfer Assignor’s right, title, and interest, in the Easement.
C. Pursuant to this Assignment, Assignor wishes to assign all of its right, title and
interest in and to that portion of the Easement Premises described and depicted on Exhibit B,
attached hereto and made a part hereof, to Assignee and Assignee wishes to assume all of
Assignor’s right, title, and interest under the Easement with respect to the area described and
depicted in said exhibit.
AGREEMENTS:
NOW, THEREFORE, in consideration of the foregoing recitals, and for other
good and valuable considerations, the receipt, sufficiency and validity of which are
hereby acknowledged, Assignor and Assignee agree as follows:
1. Assignor hereby assigns, transfers and conveys to Assignee all of Assignor's right,
title and interest, in, to and under the Easement on the lands described and
depicted on Exhibit B.
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2. Assignee hereby accepts the foregoing assignment of the Easement and hereby
assumes, agrees to be bound by and perform all of the provisions and covenants of the
Easement to be performed on the part of Assignor as Grantee under the terms and conditions
of the Easement.
3. Assignee hereby agrees to indemnify, protect, defend, and hold harmless Assignor
for, from and against any and all liabilities, obligations, actions, suits, proceedings, demands
or claims and all costs and expenses (including, without limitation, reasonable attorneys'
fees) incurred in connection with the Easement, based upon or arising out of any breach of
the Easement by Assignee occurring subsequent to the date of this Assignment.
4. This Assignment shall inure to the benefit of and shall be binding upon the parties
hereto and their respective successors and assigns.
5. The parties agree to execute and deliver any further documents and to perform
any further actions reasonably requested by any other party hereto in order to fulfill the
intention hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment and
Assumption of the Grant of Easement as of the date and year first above written.
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ASSIGNOR: Maricopa County, a political subdivision of the State of Arizona
RECOMMENDED FOR APPROVAL:
______________________________ ______________________________
Senior Right of Way Agent Real Property Manager
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By________________________________
Chairman of the Board
ATTEST:
____________________________________ Date___________________________
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority of the Board of Supervisors
5/25/2021
Deputy County Attorney Date
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ASSIGNEE:
By:
Name: Paula Gibson
Title: Right of Way Administrator
STATE OF ARIZONA)
) ss.
County of MARICOPA)
On ______________________, before me, ______________________________, a Notary
Public in and for said state, personally appeared Paula Gibson, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signature on the instrument, the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
My Commission Expires:
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IN WITNESS WHEREOF, this Assignment and Assumption of Easement is hereby
approved this ____ day of __________________, 20_______.
UNITED STATES OF AMERICA
By_______________________________________
SUPERINTENDENT
UNITED STATES DEPARTMENT OF THE INTERIOR
SALT RIVER AGENCY, SCOTTSDALE, ARIZONA 85256
ACKNOWLEDGMENT
STATE OF ARIZONA )
) ss.
County of Maricopa )
Before me, a notary public, in and for said County and State, on this ________ day of
______________ , 20______, personally appeared__________________________, whose
name is subscribed to the foregoing Assignment and Assumption as Superintendent, Salt
River Agency Bureau of Indian Affairs, and who acknowledged that he is and was at the time
of signing the same, Superintendent, Salt River Agency, Bureau of Indian Affairs; and he
personally acknowledged to me that he executed the said Assignment and Assumption in his
official capacity and pursuant to authority delegated to him for the uses and purposes set
forth therein.
____________________________
Notary Public
______________________
My Commission Expires
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Exhibit “A”
Resolution
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Exhibit “B”
Assigned Portion of the Easement Premises
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