WHISPERING RANCH, EAGLE EYE.PDF

Maricopa County — Formal (2019-03-27)

View PDF Item 48 Meeting page

Extracted text (via pymupdf_layout) 44916 characters
Maricopa County Department of Transportation
AGENDA ITEM SUMMARY
Date: February 27, 2019
Contact: Kimberly Romero, Real Property Manager
Contact Phone No.: (602)506-8685
Name of Project: Renewal of ROW Grant with Bureau of Land Management (BLM)
Work Order: 170011
PROPOSED BOARD MEETING DATE: March 27, 2019
REQUESTED ACTION:
Approve the Right of Way Grant/Temporary Use Permits with the BLM as interim until
the formal Grant document is prepared and provided by BLM.
BOARD REQUIRED INFORMATION:
These are renewals of
Whispering Ranch Road ROW, serial number AZA-27761 for an additional 30
years terminating on December 31, 2048.
Eagle Eye Road ROW, serial number AZA-24094 for an additional 30 years
terminating on December 31, 2048.
ADDITIONAL INFORMATION:
The notification of renewal was presented to Jennifer Toth, Transportation Director for
review and approval to renew the BLM grant for Whispering Ranch Road ROW.
The renewal of BLM ROW grant serial number AZA-24094 for Eagle Eye Road ROW will be
part of a future MCDOT project where additional right of way will be necessary.
Supervisory District No(s), #4, #5
PERFORMANCE INFORMATION:
Program: Transportation System Program
Activity: Right of Way Acquisition
Performance Measure: Land Rights Acquired
Anticipated Results: Grant of Right of Way until 12/31/2048
FUNDING: No cost to the County

,1Mb
MS. flUFA IMPARTMENT 01 MAO OF EMPAGI MIT REETTIMI ME DI I
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Phoenix District
Hassayampa Field Office
21605 North 7 1h Avenue
Phoenix, Arizona 85027
www bl in, gov/ari zon a/
In Reply Refer To: I1 3 iof
2800 (P010)
AZA-27761
Maricopa County Department of Transportation
Attn: Kimberly Romero
2901 W. Durango St
Phoenix, AZ 85009
Enclosed are two copies of an unsigned right-of-way (ROW) grant (BLM Form 2800-14) for
Whispering Ranch Road ROW, serial number AZA-27761. Please review the document and if it
meets with your approval, sign and date both copies and return to the address shown above.
Upon our receipt of the signed documents and the fees discussed below, we will issue the ROW
grant, absent any other unresolved issues.
Per 43 CFR 2805.16 and 2805.17, holders must pay a fee to the BLM for the costs we will incur
in monitoring the operation of your authorized use. However, as this ROW is held by a local
government no monitoring fees are required per 43 CFR 2804.16 (a).
Rent for use of public lands must be paid in advance of such use and prior to issuance of the
ROW grant. However, as this ROW is held by a local government no rent is required per 43 CFR
2806.14 (a) (2).
Please return BOTH signed copies of the grant as discussed above by March 15, 2018. If this
requirement is not met, your application may be denied.
If you have any questions please contact Ryan Randell at 623-580-5533.
Sincerely,
Enclosures:
Two Unsigned Right-of-Way Grants AZA-27761

Form 2800-14 UNITED STATES Issuing Office
(August 1985) DEPARTMENT OF THE INTERIOR Hassayampa Field Office
BUREAU OF LAND MANAGEMENT
Serial Number
RIGHT-OF•WAY GRANT/TEMPORARY USE PERMIT
AZA-27761
1. A (right-of-way) (permit) is hereby granted pursuant to:
a, la Title V of the Federal Land Policy and Management Act of October 21, 1976(90 Stat. 2776;
43 U.S.C. 1761);
b. I=1 Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185);
c. El Other (describe)
2, Nature of Interest:
a. By this instrument, the holder Maricopa County Department of Transportation receives a
right to construct, operate, maintain, and terminate a road right-of-way as described below and shown in "Exhibit B"
on public lands (or Federal land for MLA Rights-of-Way) described as follows:
Gila and Salt River Meridian, Arizona,
T. 5 N., R. 6 W.,
Sec. 1, SY2SY2;
Sec. 12, NY2NYI,
The area described contains 13.8 acres.
b. The right-of-way or permit area granted herein is 110 feet wide, 5,500 feet long and contains 13.8 acres, more or
less. If a site type facility, the facility contains N/A acres.
c. This instrument shall terminate on December 31, 2048 , unless, prior thereto, it is relinquished, abandoned, terminated, or modified
pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation,
d. This instrument 1g may may not be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and
any other terms and conditions that the authorized officer deems necessary to protect the public interest.
e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandoment, or termination, the provisions of this instrument,
to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations
and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant.
(Continued on page 2)

3. Rental:
For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized
officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever
necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable
and feasible, in accordance with comparable commercial practices,
4. Terms and Conditions:
a, This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations parts 2800 and 2880,
b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 180 days, or otherwise
disposed of as provided in paragraph (4)(d) or as directed by the authorized officer.
c. Each grant issued pursuant In the authority of paragraph (1)(a) for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at
the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be
reviewed at any time deemed necessary by the authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exhibit(s) A (Stipulations) B (Man) , dated 02/11/2019
attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof.
f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public.
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit,
(Signature of Holder) (Signature of Authorized Officer)
Field Manager Hassayainna Field Office
(Title) (Title)
(Date) (Effective Dale of Grant)
(Form 2800-14, page 2)

BLM ROW Grant Renewal
Serial No.:AZA-227761
Whispering Ranch Road
Agent (KR)
RECOMMENDED FOR APPROVAL:
Right-of-Way Agent
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
Deputy County Attorney Date
Page 1 of 1

US. tupsr, atpnelmilw 01 c47. Or -,-Wf 4.mita
Exhibit A
Stipulations AZA-27761
A. The holder shall comply with all applicable State and Federal laws arid
regulations applicable to the authorized use and such additional State and Federal
laws, along with the impeding regulations, existing or hereafter enacted or
promulgated, during the term of the grant. In any event, the holder(s) shall
comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C.
2601, et seq.) with regard to any toxic substances that are used, generated by, or
stored on the right-of-way (ROW), or on facilities authorized under this ROW
grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated
biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic substances
(leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part
117 shall be reported as required by the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, Section 102b. A copy of any report
required or requested by any Federal agency or State government as a result of a
reportable release or spill of any toxic substances shall be furnished to the
authorized officer (AO) concurrent with the filing of the reports to the involved
Federal agency or State government;
B. The ROW herein granted shall be subject to the express covenant that it will be
modified, adapted, or discontinued if found by the Secretary to be necessary,
without liability or expense to the United States (U.S.), so as not to conflict with
the use and occupancy of the land for any authorized works which may be
hereafter constructed thereon under the authority of the US;
C. Any cultural and/or paleontological resource (historic or prehistoric site or object)
discovered by the holder, Or any person working on his behalf, on public or
Federal land shall be immediately reported to the AO. Holder shall suspend all
operations in the immediate area of such discovery until written authorization to
proceed is issued by the AO. An evaluation of the discovery will be made by the
AO to determine appropriate actions to prevent the loss of significant cultural or
scientific values. The holder will be responsible for the cost of evaluation and
any decision as to proper mitigation measures will be made by the AO after
consulting with the holder;
D. The holder of this ROW grant or the holder's successor in interest shall comply
with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and the
regulations of the Secretary of the Interior issued pursuant thereto;
E. The holder shall conduct all activities associated with the maintenance, operation,
and termination of the ROW within the authorized limits of the ROW;
PAGE 1
February 11,2019

..'=.11711117".7171477
U.S. 01.i,A.RUMUP ot Or 7:£1,,,011.41,11 TUE 0,..0 tut)
Exhibit A
F. All design, material, and construction, operation, maintenance, and termination
practices shall be in accordance with safe and proven engineering practices;
G. The holder of ROW No. AZA-27761 agrees to indemnify the U.S. against any
liability arising from the release of any hazardous substance or hazardous waste
(as these terms are defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. or the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. 6901 a seq.) on the ROW
(unless the release or threatened release is wholly unrelated to the ROW holder's
activity on the ROW. This agreement applies without regard to whether a release
is caused by the holder, its agent, or unrelated third parties;
H. This ROW reserves to the Secretary of the Interior, or his lawful delegate, the
right to grant additional ROWs or permits for compatible uses over, under or
adjacent to the land involved in this grant;
At least 180 days prior to termination of the ROW, the holder shall contact the
AO to arrange a joint inspection/pre-termination conference of the ROW. This
inspection will be held to agree to an acceptable termination (and rehabilitation)
plan. This plan shall include, but is not limited to, removal of facilities, drainage
structures, or surface material, re-contouring, top soiling, or seeding. The AO
must approve the plan in writing prior to the holder's commencement of any
termination activities. The holder agrees to incur all costs associated with
achieving an acceptable rehabilitation standard.
PAGE 2
February 11, 2019

Project Map
Exhibit B
AZA-27761
Bureau of Land Management
cameasso Whispering Ranch Right-of-Way
Map Prepared by
Author: rrandell
Date: 2/11/2018
W
SCALE 1:22,000
0 0.2 0.4 0.8
Miles
Coordinate System: NAD 1983 CJTM Zone 12N
Projection: Transverse Mercator
Datum: North American 1983
No warranty is made by the Bureau of Land Management
as to the accuracy, reliability, or completeness of these
data for individual use or aggregate use with other data.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
PHOENIX DISTRICT OFFICE
No warraniy is made by ate Bureau of Land Management as to he accuracy, reliability, or completeness of lhese dais for individual use or aggregate use with other data. Source; BLM 615, DOT, U505, 130C

Form 2800-14 UNITED STATES Issuing Office
(August 1985) DEPARTMENT OF THE INTERIOR Hassayampa Field Office
BUREAU OF LAND MANAGEMENT
Serial Number
RIGHT-OF•WAY GRANT/TEMPORARY USE PERMIT
AZA-27761
1. A (right-of-way) (permit) is hereby granted pursuant to:
a. is Title V of the Federal Land Policy and Management Act of October 21, 1976(90 Stat. 2776;
43 U.S.C. 1761);
h. 1:1 Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185);
c. Other (describe)
2. Nature of interest:
a. By this instrument, the holder Nlaricopa County Department of Transportation receives a
right to construct, operate, maintain, and terminate a road right-of-way as described below and shown in "Exhibit B"
on public lands (or Federal land for MLA Rights-of-Way) described as follows:
Gila and Salt River Meridian, Arizona,
T. 5 N., R. 6 W.,
Sec. 1, S'ASY2;
Sec. 12, MAMA.
The area described contains 13.8 acres.
b. The right-of-way or permit area granted herein is 110 feet wide, 5,500 feet long and contains 13.8 acres, more or
less. If a site type facility, the facility contains N/A acres.
c. This instrument shall terminate on December 31, 2048 , unless, prior thereto, it is relinquished, abandoned, terminated, or modified
pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation.
d. This instrument jmay L jmay not be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and
any other terms and conditions that the authorized officer deems necessary to protect the public interest.
0. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandoment, or termination, the provisions of this instrument,
to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations
and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant.
(Continued on page 2)

3. Rental:
For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized
officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever
necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable
and feasible, in accordance with comparable commercial practices.
4. Terms and Conditions:
a, This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations parts 2800 and 2880,
b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 180 days, or otherwise
disposed of as provided in paragraph (4)(d) or as directed by the authorized officer.
c. Each grant issued pursuant to the authority of paragraph (1)(a) for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at
the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be
reviewed at any time deemed necessary by the authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exhibit(s) A (Stipulations) B (Map) dated 02/11/2019
attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety,
e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof.
f The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public.
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit.
(Signature of Holder) (Signature of Authorized Officer)
Field Manager Hassayampa Field Office
(Title) (Title)
(Date) (Effective Date of Grant)
(Form 2800-14, page 2)

BLM ROW Grant Renewal
Serial No.:AZA-227761
Whispering Ranch Road
Agent (KR)
RECOMMENDED FOR APPROVAL:
Right-of-Way Agent
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
Deputy County Attorney Date
Page 1 of

US V.16.11. 00•10rIMZI1T O SUt 1,11,104
Exhibit A
Stipulations AZA-27761
A. The holder shall comply with all applicable State and Federal laws and
regulations applicable to the authorized use and such additional State and Federal
laws, along with the impeding regulations, existing or hereafter enacted or
promulgated, during the term of the grant. In any event, the holder(s) shall
comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C.
2601, et seq.) with regard to any toxic substances that are used, generated by, or
stored on the right-of-way (ROW), or on facilities authorized under this ROW
grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated
biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic substances
(leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part
117 shall be reported as required by the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, Section 102b. A copy of any report
required or requested by any Federal agency or State government as a result of a
reportable release or spill of any toxic substances shall be furnished to the
authorized officer (AO) concurrent with the filing of the reports to the involved
Federal agency or State government;
B. The ROW herein granted shall be subject to the express covenant that it will be
modified, adapted, or discontinued if found by the Secretary to be necessary,
without liability or expense to the United States (U.S.), so as not to conflict with
the use and occupancy of the land for any authorized works which may be
hereafter constructed thereon under the authority of the U.S;
C. Any cultural and/or paleontological resource (historic or prehistoric site or object)
discovered by the holder, or any person working on his behalf, on public or
Federal land shall be immediately reported to the AO. Holder shall suspend all
operations in the immediate area of such discovery until written authorization to
proceed is issued by the AO. An evaluation Of the discovery will be made by the
AO to determine appropriate actions to prevent the loss of significant cultural or
scientific values. The holder will be responsible for the cost of evaluation and
any decision as to proper mitigation measures will be made by the AO after
consulting with the holder;
D. The holder of this ROW grant or the holder's successor in interest shall comply
with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and the
regulations of the Secretary of the Interior issued pursuant thereto;
E. The holder shall conduct all activities associated with the maintenance, operation,
and termination of the ROW within the authorized limits of the ROW;
PAGE 1
February 11, 2019

wv.r. Off...7MINt d1 0.0 elf HA TNT 7.[Scl Ital 114 RH0 ul
Exhibit A
F. All design, material, and construction, operation, maintenance, and termination
practices shall be in accordance with safe and proven engineering practices;
G. The holder of ROW No. AZA-27761 agrees to indemnify the U.S. against any
liability arising from the release of any hazardous substance or hazardous waste
(as these terms are defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. or the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seg.) on the ROW
(unless the release or threatened release is wholly unrelated to the ROW holder's
activity on the ROW. This agreement applies without regard to whether a release
is caused by the holder, its agent, or unrelated third parties;
H. This ROW reserves to the Secretary of the Interior, or his lawful delegate, the
right to grant additional ROWs or permits for compatible uses over, under or
adjacent to the land involved in this grant;
At least 180 days prior to termination of the ROW, the holder shall contact the
AO to arrange a joint inspection/pre-termination conference of the ROW. This
inspection will be held to agree to an acceptable termination (and rehabilitation)
plan. This plan shall include, but is not limited to, removal of facilities, drainage
structures, or surface material, re-contouring, top soiling, Of seeding. The AO
must approve the plan in writing prior to the holder's commencement of any
termination activities. The holder agrees to incur all costs associated with
achieving an acceptable rehabilitation standard.
PAGE 2
February 11,2019

Project Map
Exhibit B
AZA-27761
Bureau of Land Management
allississzoWhispering Ranch Right-of-Way
Map Prepared by
Author: rrandell
Date: 2/11/2018
SCALE 1:22,000
0 0.2 0.4 0.8
Miles
Coordinate System: NAD 1983 UTM Zone 12N
Projection: Transverse Mercator
Datum: North American 1983
No warranty Is made by the Bureau of Land Management
as to the accuracy, reliability, or completeness of these
data for individual use or aggregate use with other data.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
PHOENIX DISTRICT OFFICE
No warranty is made by he Beau of Land Management as to the occoraq, reliability, of completeness of these data Co( individual use or aggie9ate use with other dale. Source; BLM GIS, ADOT, USGS, BOC

FOFM 2800-14 UNITED STATES Issuing Office
(August 1985) DEPARTMENT OF THE INTERIOR Hassayampa Field Office
BUREAU OF LAND MANAGEMENT
Serial Number
RIGHT-OF•WAY GRANT/TEMPORARY USE PERMIT
AZA-24094
I. A (right-of-way) (permit) is hereby granted pursuant to:
a. I ri Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776;
43 U.S.C. 1761);
b. El Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185);
Other (describe)
2. Nature of Interest:
a . By this instrument, the holder Marieopa County Department of Transportation receives a
right to construct, operate, maintain, and terminate a road right-of-way as described in "Exhibit A" and shown in "Exhibit B"
on public lands (or Federal land for MLA Rights-of-Way) described as follows:
See "Exhibit A".
b. The right-of-way or permit area granted herein is 110 feet wide, 29 miles long and contains 386.667 acres, more or
less. If a site type facility, the facility contains N/A acres.
c. This instrument shall terminate on December 31, 2048 unless, prior thereto, it is relinquished, abandoned, terminated, or modified
pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation.
d. This instrument 15I may may not be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and
any other terms and conditions that the authorized officer deems necessary to protect the public interest.
e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandoment, or termination, the provisions of this instrument,
to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations
and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant.
(Continued on page 2)

3, Rental:
For and in consideration of the rights granted, the holder agrees to pay the Bureau a ('Land Management fair market value rental as determined by the authorized
officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever
necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable
and feasible, in accordance with comparable commercial practices.
4. Terms and Conditions:
a. Tit is grantor permit is issued subject to the holder's compliance with aft applicable regulations contained in Title 43 Code of Federal Regulations parts 2800 and 2880.
b, Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 180 days, or otherwise
disposed of as provided in paragraph (4)(d) or as directed by the authorized officer.
c. Each grant issued pursuant to the authority of paragraph (I )(a) for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at
the end of the 20Ih year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-d-way or permit granted herein may be
reviewed at any time deemed necessary by the authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exh ibit(s) _A (Legal), B (Man). C (Sans) , dated 02/11/2019
attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof.
F. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public.
IN WITNESS WHEREOP, The undersigned agrees to the terms and conditions adds right-of-way grant or permit.
See attached sig nature page
(Signature o Holder) (Signature of Authorized Officer)
Field Manager Hassavamna Field Office
(Title) (Title)
(Date) (Effective Date of Grant)
(Form 2800-14, page 2,)

BLM ROW Grant Renewal
Serial No.: AZA-24094
Eagle Eye Road
Agent (MC)
RECOMMENDED FOR APPROVAL:
Right-of-Way Agent
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
Deputy County Attorney Date

U.S. ri.prekli E1¢.21-MI4T Co I... OF Numa....3i, lkE 111.11111
Exhibit A
Legal Land Description AZA-24094
Gila and Salt River Meridian, Arizona,
T. 6 N.,R.9 W.,
sec. 3, Lots 2 and 5, SWANE 1/4, W1/2SE1/4;
sec. 10, W1/2NE1/4, SOANE1/4, E1/2SE1/4;
sec. 15, E1/20/2;
sec. 22, N1/2NE1/4, SWANE1/4, W1/2SE1/4;
sec. 27, W1/2E1/2;
sec. 34, W1/2NE1/4, SE1/4.
T. 5 N., R. 9 W.,
sec. 3, Lot 2, SW1/4NE1/4, SOANW1/4, E1/2SW1/4, SW/1SW%, NWASE1/4;
sec. 8, SOASE1/4;
sec. 9, NE1/4, SOANW1/4, SW1/4, NW/6E1/4;
sec. 10, NWANWA;
sec. 17, N1/2NE1/4, SWANE1/4, SE1/4NW'A, N1/2SW1/4, SW/4SW%;
sec. 18, SOASE1/4;
sec. 19, Lot 3, NE1/4, SE1/4, NW1/4, NOASW1/4, NWASE1/4;
T. 5 N.,R. 10 W.,
sec. 24, S1/2NE1/4, E1/2SW1/4, SW4SW1/4, N1/2SE1/4, SWASE1/4;
sec. 25, NWANW1/4;
sec. 26, N1/2NE1/4, SWANO/4, E1/2 NW 1/4, SWANW1/4, NWASW1/4;
sec. 27, E1/2SE1/4;
sec. 34, N1/2NE1/4, SW1/4NE1/4, SE1/4NW1/4, E1/2SW1/4, SWASW1/4.
T. 4 N.,R. 10 W.,
sec. 4, Lot 3, S1/2NW1/4, W1/2SW1/4;
sec. 5, SE1/4, SE1/4;
sec. 8, 0/2E1/2;
sec. 9, W1/2W1/2;
sec, 16, W1/2W1/2;
sec. 17, 0/2E1/2;
sec. 20, E1/20/2;
sec, 21, W1/2W1/2;
sec. 28, W1/2W1/2;
sec. 29, E1/20/2;
sec. 32, E1/2E1/2;
sec. 33, W1/2W1/2.
T. 3 N.,R, 10 W.,
sec. 4, W1/2SW1/4NW1/4, W1/2W1/2SW1/4;
sec. 8, E1/20/2.
The area described aggregates 386.667 acres.
PAGE 1
February 11,2019

Project Map 2
Exhibit B
AZA-24094
Bureau of Land Management
Eagle Eye Right-of-Way
Map Prepared by
Author: rrandell
Date: 2/11/2018
SCALE 1:135,000
0 1.25 2.5 5
Miles
Coordinate System: NAD 1983 UTM Zone 12N
Projection: Transverse Mercator
Datum: North American 1983
No warranty is made by the Bureau of Land Management
as to the accuracy, reliability, or completeness of these
data for individual use or aggregate use with other data.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
PHOENIX DISTRICT OFFICE
ho warranty is made by the Bureau of Land Management as to the accuracy, reliability, Or completeness of these data for individual use or aggregate use with other data. Source; ELM GIS, ADOT, USGS, BOG

u3. .0011 VW...W.14t 01 44011M04401101.1I OF 71,It 1040100
Exhibit C
Stipulations AZA-24094
A. The holder shall comply with all applicable State and Federal laws and
regulations applicable to the authorized use and such additional State and Federal
laws, along with the impeding regulations, existing or hereafter enacted or
promulgated, during the term of the grant. In any event, the holder(s) shall
comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C.
2601, et seq.) with regard to any toxic substances that are used, generated by, or
stored on the right-of-way (ROW), or on facilities authorized under this ROW
grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated
biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic substances
(leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part
117 shall be reported as required by the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, Section 102b. A copy of any report
required or requested by any Federal agency Or State government as a result of a
reportable release or spill of any toxic substances shall be furnished to the
authorized officer (AO) concurrent with the filing of the reports to the involved
Federal agency or State government;
B. The ROW herein granted shall be subject to the express covenant that it will be
modified, adapted, or discontinued if found by the Secretary to be necessary,
without liability or expense to the United States (U.S.), so as not to conflict with
the use and occupancy of the land for any authorized works which may be
hereafter constructed thereon under the authority of the U.S;
C. Any cultural and/or paleontological resource (historic or prehistoric site or object)
discovered by the holder, or any person working on his behalf, on public or
Federal land shall be immediately reported to the AO. Holder shall suspend all
operations in the immediate area of such discovery until written authorization to
proceed is issued by the AO. An evaluation of the discovery will be made by the
AO to determine appropriate actions to prevent the loss of significant cultural or
scientific values. The holder will be responsible for the cost of evaluation and
any decision as to proper mitigation measures will be made by the AO after
consulting with the holder;
D. The holder of this ROW grant or the holder's successor in interest shall comply
with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and the
regulations of the Secretary of the Interior issued pursuant thereto;
E. The holder shall conduct all activities associated with the maintenance, operation,
and termination of the ROW within the authorized limits of the ROW;
PAGE 1
February 1112019

Foliownsiyupo Immo'
DEVARligla .04 ilJeJ OC nit ftareifl.
0‹:
Exhibit C
F. All design, material, and construction, operation, maintenance, and termination
practices shall be in accordance with safe and proven engineering practices;
G. The holder of ROW No. AZA-24094 agrees to indemnify the U.S. against any
liability arising from the release of any hazardous substance or hazardous waste
(as these terms are defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. or the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.) on the ROW
(unless the release or threatened release is wholly unrelated to the ROW holder's
activity on the ROW. This agreement applies without regard to whether a release
is caused by the holder, its agent, or unrelated third parties;
H. This ROW reserves to the Secretary of the Interior, or his lawful delegate, the
right to grant additional ROWs or permits for compatible uses over, under or
adjacent to the land involved in this grant;
At least 180 days prior to termination of the ROW, the holder shall contact the
AO to arrange a joint inspection/pre-termination conference of the ROW. This
inspection will be held to agree to an acceptable termination (and rehabilitation)
plan. This plan shall include, but is not limited to, removal of facilities, drainage
structures, or surface material, re-contouring, top soiling, or seeding. The AO
must approve the plan in writing prior to the holder's commencement of any
termination activities. The holder agrees to incur all costs associated with
achieving an acceptable rehabilitation standard.
PAGE 2
February 11, 2019

Fonn 2800-14 UNITED STATES Issuing Office
(August 1985) DEPARTMENT OF THE INTERIOR Hassayampa Field Office
BUREAU OF LAND MANAGEMENT
Serial Number
RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT
AZA-24094
1. A (right-of-way) (permit) is hereby granted pursuant to:
a. In Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776;
43 U.S.C. 1761);
b. Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185);
c. D Other (describe)
2. Nature of Interest:
a. By this instrument, the holder Maricopa County Department of Transportation receives a
right to construct, operate, maintain, and terminate a road right-of-way as described in "Exhibit A" and shown in "Exhibit B"
on public lands (or Federal land for MLA Rights-of-Way) described as follows:
See "Exhibit A".
b. The right-of-way or permit area granted herein is 110 feet wide, 29 miles long and contain q 386.667 acres, more or
less. If a site type facility, the facility contains N/A acres.
c. This instrument shall terminate on December 31, 2048 , unless, prior thereto, it is relinquished, abandoned, terminated, or modified
pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation,
d. This instrument 1%1 may Dmay not be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and
any other terms and conditions that the authorized officer deems necessary to protect the public interest.
e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandoment, or termination, the provisions of this instrument,
to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations
and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant.
(Continued on page 22

3. Rental:
For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized
officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever
necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable
and feasible, in accordance with comparable commercial practices.
4. Terms and Conditions:
a. This grant or permit is issued subject to the holder's compliance with Mt applicable regulations contained in Title 43 Code o f Federal Regulations parts 2800 and 2880.
b. Upon grant termination by the authorized officer, all huprovements shall be removed from the public lands within 180 days, or otherwise
disposed of as provided in paragraph (4)(d) or as directed by the authorized officer.
c. Each grant issued pursuant to the authority of paragraph ( I )(a) for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at
the end of the 2011 year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be
reviewed at any time deemed necessary by the authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exhibit(s) A (Legal), B (Man). C (8 tins) , dated 02/11/2019
attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof.
f The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public,
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit.
See_attached signature page
(Signature of Holder) (Signature of Authorized Officer)
Field Manager Hassavam pa Field Office
(Title) (Title)
(Date) (Effective Date of Grant)
(Farm 2800-14, page 2)

BLM ROW Grant Renewal
Serial No.: AZA-24094
Eagle Eye Road
Agent (MC)
RECOMMENDED FOR APPROVAL:
Right-of-Way Agent
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
Deputy County Attorney Date

Af 0:v0.7141117 et .01 1,,,, mr.n.14-i.41.11 ZH fl ac)I
Exhibit A
Legal Land Description AZA-24094
Gila and Salt River Meridian, Arizona,
T.6N.,R.9 W.,
sec. 3, Lots 2 and 5, SW1/4NE1/4, W1/2SE1/4;
sec. 10, W1/2NE1/4, SE1/4NE1/4, E1/2SE1/4;
sec. 15, E1/2E1/2;
sec. 22, N1/2NE1/4, SWIANE1/4, W1/2SE1/4;
sec. 27, W1/2E1/2;
sec. 34, W1/2NE1/4, SE1/4.
T.5N.,R.9 W.,
sec. 3, Lot 2, SW1/4NE 1/4, SOANW1/4, E1/2SW 1/4, SW1/4SW1/4, NW 1/60/4;
sec. 8, SE1/4SE1/4;
sec. 9, NE1/4, SE1/4NW 1/4, SW1/4, NW1/4S0/1;
sec. 10, NW1/4NW1/4;
sec. 17, N1/2NE1/4, SWANE1/4, SE1/4NW1/4, N1/2SW1/4, SWASW1/4;
sec. 18, SE1/4SE1/4;
sec. 19, Lot 3, NE1/4, SE1/4, NW1/4, NE1/4SW1/4, NWVISE1/4;
T. 5 N., R. 10 W.,
sec. 24, S1/2NE1/4, 0/2SW 1/4, SWASW1/4, N1/2SE1/4, SW1/4SE1/4;
sec. 25, NWIANW1/4;
sec. 26, N1/2NE1/4, SW1/4NE1/4, 0/2 NW VI, SW1/4NW1/4, NVV1/4SW1/4;
sec. 27, 0/2SE1/4;
sec. 34, N1/2NE1/4, SW1/4NE1/4, SE1/4NW1/4, 0/2SW1/4, SW1/4SW1/4.
T.4 N.,R. 10 W.,
sec. 4, Lot 3, S1/2NW1/4, W1/2SW1/4;
sec. 5, SE1/4, SE1/4;
sec. 8, E1/20/2;
sec. 9, W1/2W/2;
sec, 16, W1/2W1/2;
sec. 17, E1/20/2;
sec. 20, 0/2E1/2;
see, 21, W1/2W1/2;
sec. 28, W1/2W1/2;
sec. 29, E1/2E1/2;
sec. 32, E1/2E1/2;
sec. 33, W1/2W1/2.
T. 3 N., R. 10 W.,
sec. 4, W1/2SWANW1/4, W1/2W1/2SW1/4;
sec. 8, E1/20/2.
The area described aggregates 386.667 acres.
PAGE 1
February 11, 2019

t0r-2cJ 23 27, ,
31 71\J 1 81/Vik. Project Map 2
ir..op.o.$,ed g il# Re newa
t i Exhibit B
?
05 04 03 AZA-24094
03 02 01 06
07 08 06 11 12
Bureau of Land Management
Eagle Eye Right-of-Way
35
05
B
7
18 17 16 15
Map Prepared by
H51\1L1OVV —
Author: rrandell
20 21
Date: 2/11/2018
SCALE 1:135,000
0 1.25 2.5 5
Miles
Coordinate System: NAD 1983 UTM Zone 12N
Projection: Transverse Mercator
Datum: North American 1983
No warranty is made by the Bureau of Land Management
as to the accuracy, reliability, or completeness of those
data for individual use or aggregate use with other data.
01
UNITED STATES DEPARTMENT OF THE INTERIOR
18- BUREAU OF LAND MANAGEMENT
PHOENIX DISTRICT OFFICE
No warranty is made by the Bureau at Land Management as to the accuracy, reliability, or completeness of these data for individual use or aggregate ace with other data. Source; BLM GIS, ADOT, USGS, BOC

Munk; iTMlOV lAMfl.,tv4 reu 1-N11500- kI
Exhibit C
Stipulations AZA-24094
A. The holder shall comply with all applicable State and Federal laws and
regulations applicable to the authorized use and such additional State and Federal
laws, along with the impeding regulations, existing or hereafter enacted or
promulgated, during the term of the grant. In any event, the holder(s) shall
comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C.
2601, et seg.) with regard to any toxic substances that are used, generated by, or
stored on the right-of-way (ROW), or on facilities authorized under this ROW
grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated
biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic substances
(leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part
117 shall be reported as required by the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, Section 10213. A copy of any report
required or requested by any Federal agency or State government as a result of a
reportable release or spill of any toxic substances shall be furnished to the
authorized officer (AO) concurrent with the filing of the reports to the involved
Federal agency or State government;
B. The ROW herein granted shall be subject to the express covenant that it will be
modified, adapted, or discontinued if found by the Secretary to be necessary,
without liability or expense to the United States (U.S.), so as not to conflict with
the use and occupancy of the land for any authorized works which may be
hereafter constructed thereon under the authority of the U.S;
C. Any cultural and/or paleontological resource (historic or prehistoric site or object)
discovered by the holder, or any person working on his behalf, on public or
Federal land shall be immediately reported to the AO. Holder shall suspend all
operations in the immediate area of such discovery until written authorization to
proceed is issued by the AO, An evaluation of the discovery will be made by the
AO to determine appropriate actions to prevent the loss of significant cultural or
scientific values. The holder will be responsible for the cost of evaluation and
any decision as to proper mitigation measures will be made by the AO after
consulting with the holder;
D. The holder of this ROW grant or the holder's successor in interest shall comply
with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and the
regulations of the Secretary of the Interior issued pursuant thereto;
E. The holder shall conduct all activities associated with the maintenance, operation,
and termination of the ROW within the authorized limits of the ROW;
PAGE 1
February 11, 2019

ammitossmimatari
ts..e., rA.VMINI. 0, kArrke OF I=.u.4 1,g x.e...mm *111410
Exhibit C
F. All design, material, and construction, operation, maintenance, and termination
practices shall be in accordance with safe and proven engineering practices;
G. The holder of ROW No. AZA-24094 agrees to indemnify the U.S. against any
liability arising from the release of any hazardous substance or hazardous waste
(as these terms are defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. or the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.) on the ROW
(unless the release or threatened release is wholly unrelated to the ROW holder's
activity on the ROW. This agreement applies without regard to whether a release
is caused by the holder, its agent, or unrelated third parties;
H. This ROW reserves to the Secretary of the Interior, or his lawful delegate, the
right to grant additional ROWs or permits for compatible uses over, under Or
adjacent to the land involved in this grant;
At least 180 days prior to termination of the ROW, the holder shall contact the
AO to arrange a joint inspection/pre-termination conference of the ROW. This
inspection will be held to agree to an acceptable termination (and rehabilitation)
plan. This plan shall include, but is not limited to, removal of facilities, drainage
structures, or surface material, re-contouring, top soiling, or seeding. The AO
must approve the plan in writing prior to the holder's commencement of any
termination activities. The holder agrees to incur all costs associated with
achieving an acceptable rehabilitation standard.
PAGE 2
February 11,2019