B. ASSIGNMENT OF EASEMENTS AND LICENSE.PDF
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When recorded, return to:
Maricopa County
Real Estate Department [PM]
EXEMPT ARS 11-1134, A3
ASSIGNMENT OF EASEMENTS AND LICENSE
Project: 565.04.33 Durango Regional Conveyance
Channel (75th Avenue to 107th Avenue)
Items Numbers: F00094, F00096, and F00106-DE
KNOW ALL MEN BY THESE PRESENTS:
That for and in the consideration of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY (DISTRICT), a political subdivision of the State of Arizona (““ASSIGNOR”),
does hereby assign to the CITY OF PHOENIX, a municipal corporation of the State of Arizona, it’s
successors and assigns (“ASSIGNEE”), all those certain easement and license rights in, on, over, under,
through and across real property situated in Township One (1) North, Range One (1) West, Sections 20,
21, 22 and 23 of the Gila and Salt River Base and Meridian, in the County of Maricopa, State of Arizona,
together with any other rights granted in said easements and license described in each of the following
instruments filed of record in the office of the Maricopa County Recorder (collectively Easements):
Project Item Number Vesting Document Vesting Document No. | Date Filed of Record
F00094 Drainage Easement 2011-0746363, MCR | September 8, 2011
F00096 Drainage Easement 2011-0617376, MCR {| July 26, 2011
F00106-DE Drainage Easement 2011-0725399, MCR | August 31, 2011
NA Right of Way License | 2013-0145263, MCR | February 14, 2013
SUBJECT TO: any lien for taxes that is or shall become due, zoning and other governmental restrictions,
and all covenants, conditions, restrictions, easements, rights-of-way, liens, and other matters of record, or
matters that could be disclosed by a visual inspection or accurate survey of the real property.
Project: 565.04.33 Durango Regional Conveyance
Channel (75th Avenue to 107th Avenue)
Items Numbers: F00094, F00096 and
F00106-DE, NA
TO HAVE AND TO HOLD unto ASSIGNEE the Easements and License herein described for the use and
purposes set forth in each easement.
The ASSIGNOR hereby conveys unto ASSIGNEE all warranties of title of any nature whatsoever which
ASSIGNOR and its successors possess, however, ASSIGNOR warrants title as against all of its acts and
no other acts.
ASSIGNOR hereby assigns, and ASSIGNEE hereby assumes, all of ASSIGNOR’S rights, interests and
obligations under the Easements and License and ASSIGNOR retains no rights, interests or obligations
under the Easements and License.
The land and improvements within the areas described in the Easements and License shall at all times be
maintained and repaired at the sole cost and expense of the ASSIGNEE, its contractors, agents, successors
or assigns.
To the extent authorized by law, ASSIGNOR covenants and agrees to indemnify, defend, and hold
harmless ASSIGNEE from and against any actions, suits, proceedings, or claims, and all costs and expenses
(including without limitation, reasonable attorney’s fees and costs) incurred in connections therewith, based
or arising out of any breach or alleged breach of the Basements and License, or arising in connection
upon
with the Easement and License occurring or alleged to have occurred before the date of the assignment.
To the extent authorized by law, ASSIGNEE covenants and agrees to indemnify, defend, and hold harmless
ASSIGNOR from and against any actions, suits, proceedings, or claims, and all costs and expenses
(including without limitation, reasonable attorney’s fees and costs) incurred in connections therewith, based
or arising out of any breach or alleged breach of the Easements and License, or arising in connection
upon
with the Easements and License, occurring or alleged to have occurred from and after the date of this
assignment.
Page 2 of 5
Project: 565.04.33 Durango Regional Conveyance
Channel (75th Avenue to 107th Avenue)
Items Numbers: F00094, F00096 and
F00106-DE, NA
The Easements and License shall inure to the benefit and be binding upon the ASSIGNEE and its
respective successors and assigns.
In witness whereof, ASSIGNOR and ASSIGNEE have executed this assignment as of the dates
set forth herein.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGES FOLLOW.
Page 3 of 5
DocuSign Envelope ID: C5300D90-39C2-4126-A7DD-25409A915500
Project: 565,04.33 Durango Regional Conveyance
Channel (75th Avenue to 107th Avenue)
Items Numbers: F00094, F00096 and
F00106-DE, NA
ASSIGNOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision
of the State of Arizona
RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DocuSigned by:
Midal Fulfon 5/17/2021
Michael A. Fulton Date Chairman of the Board
Director
Flood Control District of Maricopa County
SIGHED |N COUNTERPART
ATTEST:
Willtiam_D. Wiley, P.E. __ Date.
Real Estate Chief Officer
Maricopa County Real Estate Department
Clerk of the Board
Date:
Before me, , Notary Public in and for said County, State of
Arizona, on this day personally appeared , known
to me to be the person whose name is subscribed to the foregoing instrument as the Chairman of the
Board of the Political Subdivision described in the foregoing instrument, and as such he acknowledged to
me that he executed the same for said Board, for the purpose and consideration therein expressed, as its
free act and deed and by each of them voluntary executed.
Given under my hand and seal of the office this day of ,20__
My Commission Expires.
Notary Public (signature)
Approved as to form and within the powers
and authority of the Board of Directors
SIGNED JN COUNTERPART
General Counsel Date
Page 4 of 5
DocuSign Envelope 1D; C5300D90-39C2-4426-A7DD-25409A915500
DocuSign Envelope ID: 8A27E96D-C684-4E06-A0C5-A37 ABGABB62C
Project: 565,04.33 Durango Regional Conveyance
Channel (75th Avenue to 107th Avenue)
Items Numbers: F00094, F00096 and
F00106-DE, NA
ASSIGNOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision
of the State of Arizona
RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
SIGNED 1N EBUNTERPART
Michael Fulton, P.E. Date Chairman of the Board
Chief Engineer and General Manager
DocuSigned by:
C= Wiley 5/17/2021
= )4917590D876405 ATTEST:
William D. Wiley, P.E. Date
Real Estate Chief Officer
Maricopa County Real Estate Department
Clerk of the Board
Date:
Before me, , Notary Public in and for said County, State of
Arizona, on this day personally appeared , known
to me to be the person whose name is subscribed to the foregoing instrument as the Chairman of the
Board of the Political Subdivision described in the foregoing instrument, and as such he acknowledged to
me that he executed the same for said Board, for the purpose and consideration therein expressed, as its
free act and deed and by each of them voluntary executed.
Given under my hand and seal of the office this day of »20_
My Commission Expires
Notary Public (signature)
Approved as to form and within the powers
and authority of the Board of Directors
DocuSigned by:
ce Puck. - 5/5/2021
B2E0BDt0D852401... 2Et
General Counsel Date
Page 4 of 5
Project: 565.04.33 Durango Regional Conveyance
Channel (75th Avenue to 107th Avenue)
Items Numbers: F00094, F00096 and
F00106-DE, NA
ACCEPTED:
ASSIGNEE: The City of Phoenix, a municipal corporation of the State of Arizona
IN WITNESS WHEREOF, CITY OF Phénix a municipal corporation, has caused its name to be
,
executed by its duly authorized representatives, this 77 _ day of hy: { ,20 21 .
CITY OF PHOENIX, a municipal corporation,
CITY MANAGER
_
: SS
ATTEST:
Real Le
CITY CLERK
KENNETH LEMOINE
NOTARY PUBLIC - ARIZONA
STATE OF ARIZONA )
MARICOPA COUNTY
yy ~COMMISSION # 572529
)ss MY COMMISSION EXPIRES
OCTOBER 25, 2023
COUNTY OF MARICOPA )
”
This instrument was acknowledged me this os day of . April 2021 by
before
Clerisresnertivety; of the CITY OF PHOENIX, a municipal corporation, they being thereunto duly
authorized.
My Commission Expires_Ottoluer 25, 2023 wd
otary Public (signature)
Page 5 of 5
EXHIBIT A
FO0094 - 2011-0746363
Drainage Easement and Agreement recorded September 8, 2011
Parcel No. 101-25-851
Project No. 565.04.33
DURANGO REGIONAL CONVEYANCE
CHANNEL™ ™
ELWOOD ST(75 AVE-107 AVE)
Item No. FO0094
EXHIBIT “A”
LEGAL DESCRIPTION
A parcel lying within Tract “R”, of Lions Gate, according to Book 823 of Maps,
Page 15, Recorder’s Office, Maricopa County, Arizona, a R1-10 Planned
Residential Development, located in a portion of the Southwest quarter of
Section 20, Township 1 North, Range 1 East, of the Gila & Salt River Meridian,
Maricopa County, Arizona said parcel being more particularly described as:
COMMENCING at the West Quarter Corner of said Section 20, thence along the
East-West Mid-Section line and along the North line of said Tract “R” North
89°49'22” East (N 89°37'02” E, Record) a distance of 539.33 feet to the
POINT OF BEGINNING, thence continuing along said mid-section line,
common to the North line of said Tract “R”, North 89°49’22” East a distance of
30.00 feet, thence leaving said mid-section line, South 00°10’38” East a distance
of 38.48 feet to a point on a curve having a radial bearing of South 03°07’59”
West, and a radius of 887,50 feet, said point also being a point on the South line
of said Tract “R”, thence Westerly along said curve, common to said South line,
through a central angle of 01°56’18” a distance of 30.03 feet; thence leaving
said South line North 00°10’38” West a distance of 37.25 feet to the POINT OF
BEGINNING.
The above described parcel contains 1,133 square feet or 0.0260 Acres more or
less.
EXHIBIT “A” Expires 12-31-2011
QS 5-3
EXHIBIT A
FO00096 ~- 2011-0617376
Assignment of Drainage Easement recorded February 14, 2013
Parcel No. 101-30-876
Project No. 565.04.33
DURANGO REGIONAL CONVEYANCE CHANNEL
ELWOOD ST (75"" AVE-107"™ AVE)
Item No. F00096
EXHIBIT “A”
LEGAL DESCRIPTION
A portion of Tract “X” of Hurley Ranch Parcel 4, according to Book 765 of Maps
page 12, Recorder's Office, Maricopa County, Arizona, located within a portion of
the Northwest quarter of Section 22, Township 1 North, Range 1 East, of the Gila
& Salt River Meridian, Maricopa County, Arizona, said portion is more particularly
described as follows:
COMMENCING at the West Quarter Corner of said Section 22; thence along the
West line of said Northwest Quarter, North 01°34’01” West a distance of 90.17
feet to the Southwest corner of said Hurley Ranch Parcel 4; thence along the
South line of said Hurley Ranch Parcel 4, North 82°10'46” East a distance of
141.84 feet to the Southwest corner of said Tract “X”, said point also being the
POINT OF BEGINNING; thence along the West line of said Tract “X”, North
01°34’01” West a distance of 199.44 feet; thence leaving said East line, North
88°25'59” East a distance of 20.00 feet to a point on the East line of said Tract
“X”; thence along said East line, South 01°34’01” East a distance of 197.25 feet
to the Southeast corner of said Tract “XxX”, thence along the South line of said
Tract “X”, South 82°10’46” West a distance of 20,12 feet to the POINT OF
BEGINNING.
|
The above described parcel contains 3,967 square feet or 0.0911 Acres more or
less. =
Expires 12/31/2011
EXHIBIT “A”
QS6-7
EXHIBIT A
FO00106 - 2011-0725399
Drainage Easement and Agreement recorded August 31, 2011
Parcel No. 104-53-771
Project No. 565.04.33
DURANGO REGIONAL CONVEYANCE CHANNEL
ELWOOD ST (75" AVE-107™ AVE)
Item No. F00106
EXHIBIT “A”
LEGAL DESCRIPTION
A portion of Lot 1, Tuscano Elementary School, according to Book 752 of Maps,
Page 80, Recorder's Office, Maricopa County Arizona, located within a portion of
the West half of Section 23, Township 1 North, Range 1 East, of the Gila & Salt
River Meridian, Maricopa County, Arizona, said portion is more particularly
described as follows:
COMMENCING at the Northwest Corner of said Section 23; thence along the
West line of said Section 23, South 01°59’00” East (South 02°04’03" East,
Record) a distance of 2495.41 feet, thence leaving said West line South
89°54’39" East a distance of 1509.09 feet, thence South 00°05’21"” West a
distance of 30.00 feet to the Northwest corner of Lot 1 of said Tuscano
Elementary School; thence along the West line of said Lot 1, South 00°05’21”
West a distance of 201.05 feet to a point on a non-tangent curve concave
Southerly, having a radius of 599.06 feet which bears South 02°44’07” West,
said point also being the POINT OF BEGINNING; thence leaving said West line
and along said curve through a central angle of 19°26'41” a distance of 203.31
feet to a point on a tangent curve concave Northerly, having a radius of 700.00
feet, thence along said curve through a central angle of 40°13’09” a distance of
491.37 feet, thence North 71°59’09” East a distance of 52.95 feet to a point on
the East line of said Lot 1, said point also being a point on a non-tangent, curve
Northeasterly having a radius of 530.00 feet which bears North
concave
46°02'54” East, thence along said curve through a central angle of 01°49’03” a
distance of 16.81 feet; thence leaving said East line South 71°59’09" West a
distance of 60.53 feet to a point
Page 1 of 2
EXHIBIT A
FQ0106 - 2011-0725399
Drainage Easement and Agreement recorded August 31, 2011
Parcel No. 104-53-771
Project No. 565.04.33
DURANGO REGIONAL CONVEYANCE CHANNEL
ELWOOD ST (75"" AVE-107™ AVE)
Item No. F00106
FO0106 (Cont.)
on a non-tangent curve concave Northerly having a radius of 715.00 feet which
bears North 18°02’21” West; thence Westerly along said curve through a central
angle of 40°13’09” a distance of 501.90 feet to a point on a tangent curve
concave Southerly having a radius of 584.06 feet, thence along said curve
through a central angle of 19°22'36” a distance of 197.52 feet to a point on the
West line of said Lot i, thence along said West line North 00°05’21” East a
distance of 15.02 feet to the POINT OF BEGINNING.
The above described parcel contains 11,306 square feet or 0.2596 acres more or
less.
Page 2 of 2
guepinky baforfee?y
EXHIBIT “A”
QS 6-9
EXHIBIT A
2013-0145263
Right of Way License recorded February 14, 2013
EXHIBIT “A”
LEGAL DESCRIPTION
A portion of that certain parcel as described in Book 300 of Deeds Page 196 and
Book 147 of Deeds, Page 295 Maricopa County Recorder’s Office lying in the
Northeast quarter of the Southwest quarter of Section 22, Township i North,
Range 1 East, of the Gila & Salt River Meridian, Maricopa County, Arizona.
Said portion being that part of that parcel lying North of the following described
line:
COMMENCING at the Center of said Section 22; thence along the North-South
Mid-section line South 01°46'13” East a distance of 224.29 feet to the POINT
OF BEGINNING; thence North 82°25'03” West a distance of 20.27 feet to the
POINT OF TERMINUS.
EXHIBIT “A”
QS 5-8