FINAL WATERLINE EASEMENT - SITE 7ABC MARICOPA COUNTY.PDF
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WHEN RECORDED MAIL TO: City of Mesa Real Estate Services PO Box 1466 Mesa, Arizona 85211-1466 WATER LINE EASEMENT Maricopa County, Arizona W tds C_______ SE ¼, Sec. 34, T1N, R5E Parcel # 139-49-001T MARICOPA COUNTY, a political subdivision of the State of Arizona, (the “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, (the “Grantee”), a permanent and exclusive waterline easement over, across, under, and upon the lands described below (the “Easement Property”) to construct, install, access, maintain, repair, reconstruct, replace, remove and operate a waterline, meter, and all appurtenances thereto, 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 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 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 PROPERTY, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF FOR THE LEGAL DESCRIPTION. 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. 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 said waterline 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: (i) that he or she is authorized to do so on behalf of Grantor; and (ii) that 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 that 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 parties hereto, 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 TO APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, MARICOPA COUNTY, has caused its name to be executed by its duly authorized representative(s) this ______ day of __________________, 20___. MARICOPA COUNTY, a political subdivision of the State of Arizona By: 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 Waterline Easement was acknowledged before me this _____ day of _____________, 20___, by , acting as Chairman of the Board of Supervisors, for, MARICOPA COUNTY, who executed the foregoing instrument for the purposes therein contained. ____________________________________ Notary Public ________________________ (Notary Stamp/Seal) Note: 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. Sections 11-1134(A)(2) and/or (A)(3). 06/08/2020 METER SITE NO. 7A MARICOPA COUNTY JUVENILE COURT ENGINEERING WATER LINE EASEMENT 1810 SOUTH LEWIS 2045 SOUTH VINEYARD, SUITE 101 MESA, ARIZONA 85210 APN 139-49-001T TEL 480.768.8600 www.sunrise-eng.com 06/08/2020 METER SITE NO. 7A MARICOPA COUNTY JUVENILE COURT ENGINEERING WATER LINE EASEMENT 1810 SOUTH LEWIS 2045 SOUTH VINEYARD, SUITE 101 MESA, ARIZONA 85210 APN 139-49-001T TEL 480.768.8600 www.sunrise-eng.com LEWIS SOUTH 06/08/2020 METER SITE NO. 7A MARICOPA COUNTY JUVENILE COURT ENGINEERING WATER LINE EASEMENT 1810 SOUTH LEWIS 2045 SOUTH VINEYARD, SUITE 101 MESA, ARIZONA 85210 APN 139-49-001T TEL 480.768.8600 www.sunrise-eng.com 06/08/2020 METER SITE NO. 7A MARICOPA COUNTY JUVENILE COURT ENGINEERING WATER LINE EASEMENT 1810 SOUTH LEWIS 2045 SOUTH VINEYARD, SUITE 101 MESA, ARIZONA 85210 APN 139-49-001T TEL 480.768.8600 www.sunrise-eng.com 06/08/2020 ” METER SITE NO. 7B MARICOPA COUNTY JUVENILE COURT WATER LINE EASEMENT ENGINEERING 1810 SOUTH LEWIS 2045 SOUTH VINEYARD, SUITE 101 APN 139-49-001T MESA, TEL 480.768.8600 ARIZONA 85210 www.sunrise-eng.com 06/08/2020 E. BASELINE RD. METER SITE NO. 7B MARICOPA COUNTY JUVENILE COURT WATER LINE EASEMENT ENGINEERING 1810 SOUTH LEWIS 2045 SOUTH VINEYARD, SUITE 101 APN 139-49-001T MESA, TEL 480.768.8600 ARIZONA 85210 www.sunrise-eng.com 06/08/2020 LINE TABLE NO. BEARING LENGTH METER SITE NO. 7B MARICOPA COUNTY JUVENILE COURT WATER LINE EASEMENT ENGINEERING 1810 SOUTH LEWIS 2045 SOUTH VINEYARD, SUITE 101 APN 139-49-001T MESA, TEL 480.768.8600 ARIZONA 85210 www.sunrise-eng.com 06/08/2020 ” METER SITE NO. 7C MARICOPA COUNTY JUVENILE COURT ENGINEERING WATER LINE EASEMENT 1810 SOUTH LEWIS 2045 SOUTH VINEYARD, SUITE 101 MESA, ARIZONA 85210 APN 139-49-001X TEL 480.768.8600 www.sunrise-eng.com 06/08/2020 E. BASELINE RD. METER SITE NO. 7C MARICOPA COUNTY JUVENILE COURT WATER LINE EASEMENT ENGINEERING 1810 SOUTH LEWIS 2045 SOUTH VINEYARD, SUITE 101 APN 139-49-001X MESA, TEL 480.768.8600 ARIZONA 85210 www.sunrise-eng.com