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AMENDMENT NUMBER ONE
TO
MARICOPA COUNTY AGREEMENT FOR RELOCATION OF MWD
FACILITIES AND PROPERTY INTERESTS
CAMELBACK ROAD & BEARDSLEY CANAL
THIS AMENDMENT NUMBER ONE is entered into this day of
20 , by and among MARICOPA COUNTY MUNICIPAL WATER CONSERVATION
DISTRICT NUMBER ONE, an irrigation and water conservation district, a municipal corporation
and a political subdivision of the State of Arizona ("MWD") and MARICOPA COUNTY, a political
subdivision of the State of Arizona ("Maricopa County").
1. RECITALS
1.1 On March 30, 2017, MWD and Maricopa County entered into a Maricopa County
Department of Transportation Agreement For Relocation Of MWD Facilities And Property
Interests Cameback Road & Beardsley Canal ("Agreement") to address the relocation of certain
MWD facilities and property interests for the purpose of accommodating Maricopa County's
Came!back Road & Beardsley Canal Improvement Project ("Road Project").
1.2 Maricopa County proposes to relocate certain MWD facilities and properties to
accommodate the Road Project. The MWD facilities that are impacted by the Road Project are
the Beardsley Canal Box Culvert, a portion of MWD Lateral 13 facilities; and the MVVD Well 13-
21 facilities ("New MWD Facilities").
1.3 MWD has informed Maricopa County that MWD shall perform the construction
work for the New MWD Facilities at Maricopa County's sole cost and expense as It is MVVD's
policy that MWD perform all construction that impacts the Beardsley Canal,
2. AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, it is hereby agreed by and between MWD and Maricopa County as follows:
2.1 Article 6.4 of the Agreement states that Maricopa County, at Maricopa County's
sole cost and expense, shall perform the construction work for the New MWD Facilities. This
Article shall be amended to state that MWD, at Maricopa County's sole cost and expense, shall
perform the construction work for the New MWD Facilities.
2.2 MWD requires a draw account upon the acceptance of this Amendment. Payment
in the amount of $1,503,840,00, based upon the most current construction and construction
observation cost estimates as described in the Exhibit "A" Summary of Costs attached hereto and
provided to the County, must be made no later than January 28 111, 2019, This payment shall serve
as a draw fund to reimburse MWD for those costs related to the construction and construction
observation of the New MWD Facilities, The County will be invoiced for the actual verified and
documented costs associated with this Amendment,
2.3 All other terms and conditions of the Agreement shall remain the same and in full
force and effect.
Page 'I of 3
IN WITNESS WHEREOF, MWD and Maricepa County have executed this Amendment
Number One as of the dote first written above,
APPROVED: ATTEST:
MARICOPA COUNTY MUNICIPAL WATER
CONSERVATION DISTRICT NUMBER
ONE, a political subdivision of the State of
Arizona
By:
Christine Cain Glen Vortherms
Its: Property & Contracts Manager Its: Assistant Secretary
STATE OF ARIZONA
) ss:
County of Maricopa
On this day of , before me the undersigned Notary
Public personally appeared Christine Cain and Glen Vortherms known to me to be the
Property and Contracts Manager and Assistant Secretary of IVIARICOPA COUNTY
MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, a political subdivision of the
State of Arizona, and they, being duly authorized so to do, executed the foregoing instrument for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal,
NOTARY PUBLIC
My Commission Expires:
Page 2 of 3
MARICOPA COUNTY, a political subdivision APPROVED AS TO FORM:
of the State of Arizona
By: By:
Its: Chairman of the Board of Supervisors Its: Deputy County Attorney
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this day of , before me the undersigned
Notary Public personally appeared known to me to be the
of MARICOPA CONTY, a political subdivision
of the State of Arizona, and he/she, being duly authorized so to do, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
Page 2 of 3
NMIAID
MARICOPA WATEn DISTRICT
Exhibit "A"
IVICDOT - Camelback Road At Beardsley Canal
MWD Beardsley Canal and 1111WD Lateral 13 Relocations
Construction and Construction Observation Cost Estimates
Summary of Costs
December 19, 2018
Construction Observation Services Cost Estimate
Item Description Cost
1 Constrution Costs by Rummel Construction 1,456,040
2 Construction Observation/Management by GCE 41,850
3 MWD Administrative Costs for Construction Observation 5,950
Sub-Total Construction 1,503,840
Total Cost Estimate 1,503,840
SPECIAL NOTES:
Please note that this estimate Is based on best available information, and assumptions documented
1 herein; costs may fluctuate to reflect any project changes, holds, or conflicts.
2 This estimate is valid for 90 days from the date listed above.
DATE: December 20, 2018 TRANSMITTAL BY E-MAIL ONLY
TO: Kelly Roy
MC DOT
Email; Kelly.Royamail.maricoca.00v
Jessy Emert
MCDOT
Email; Jassy, Ernertemail.maricopa.gov
FROM: Debbie Trasancos
Marlowe Water District
Email: debbietmwdaz.com
CC: Glen Vortherms, Chris Cain, Elizabeth Martinez, Maricopa Water District
RE: MCDOT CAMELBACK ROAD & BEARDSLEY CANAL (TT0520)
MWD BEARDSLEY CANAL AND LATERAL 13 PIPELINE RELOCATIONS
GEORGE CAIRO ENGINEERING / RUMMEL CONSTRUCTION — COST ESTIMATES
CONSTRUCTION OBSERVATION SERVICES & CONSTRUCTION COSTS
Maricopa Water District ("MWD") has reviewed and approved the attached Construction Management Cost
Estimate ("Construction Observation Estimate") of $41,850.00 provided by George Cairo Engineering
("GCE") dated December 18, 2018, for the construction observation of the MWD Beardsley Canal and
Lateral 13 Relocations (I'MWD Facilities") to accommodate MCDOT Camelback Road & Beardsley Canal
Project. MWD has also reviewed and approved the attached Schedule Of Values ("Construction Costs") in
the amount of $1,456,040.23 pertaining to the construction costs of the IVIWD Facilities for the project
provided by Rummel Construction, Inc.
Additionally, MVVID has prepared the attached Summary of Costs dated December 19, 2018 based on the
above referenced Construction Observation Estimate and the Construction Costs for the purposes of
estimating the MWD Administrative Fees for the Construction Observation costs for this project. The Cost
Estimates are being provided for reference and estimation purposes only and should not be used as a final
cost determination,
Pursuant to the Construction Observation Estimate and the Construction Costs prior to the
commencement of the construction for the aforementioned itiliND Facilities, 1111CDOT . must submit
payment in the amount of $1,503,840.00 as listed on the Summary of Costs. The payment must be
made payable to "Marlowe Water District", and shall be used as a draw. MVVD shall deduct monthly
expenses for the construction and construction observation phase of the relocations from the draw funds
and provide a monthly statement to MCD01' showing said deductions, as well as the remaining balance of
the draw. Upon completion of the construction and construction observation, MWD shall refund any
balance remaining in the draw to MCDOT, or invoice MCDOT for any amount due, as applicable.
Thank you for your attention to this matter. If you require any further Information, please contact Debbie
Trasancos at (623) 546-8266 or email at debblet@mwdaz.corn,
Attachments (3)
MARICOPA WATER DISTRICT
P.O. Box 900, Waddell, AZ 85355-0900 • (623) 546-8266 • FAX (623) 584-2536
MWD-47
BEARDSLEY CANAL AND LATERAL 13 RELOCATIONS AT
CAMELBACK ROAD (110520) (PHASE I AND PHASE II)
CONSTRUCTION MANAGEMENT COST ESTIMATE
Tuesday, December 18, 2018
CONSTRUCTION
MANAGEMENT
COST
ESTIMATE: CONSTRUCTION MANAGEMENT COST ESTIMATE: $ 41,850,00
SPECIAL NOTES: 1, Please note that the Construction Management Cost Estimate Is based on best
available information and assumptions documented heroin; costs are determined
from the RUMCO supplied construction schedule dated 11/15/18 with a an
anticipated completion date of April, 1 2019. This estimate Is based on the Phase I
construction by RUMCO only. Phase II construction will be performed by MCDOT at
a later date, and Is riot part of this estimate. Costs may fluctuate to reflect any project
changes, holds, or conflicts.
2. Please contact Tomas Roses our Field Services Project Engineer prior to
construction.
Tomas Roses
Field Services Project Engineer
GEORGE CAIRO ENGINEERING, INC.
Stapiey Center
1630 S, Stapley Dr., Suite 117
Mesa, AZ 85204
(480) 921-4080
(602) 740-9636 cell
(480) 921-4087 fax
In signing below, MIND Is approving and Instructing GCE to begin work on the above named project.
Glen Vortherms, General Manager Date
Page 1 of 1
BEARDSLEY CANAL AND LATERAL 13 RELOCATIONS
SCHEDULE OF VALUES
1 MOBILIZATION EA $75,000.00 575,000.0
2 PROJECT MANAGEMENT 16 WK $3,045.00 5413,720.00
3 SWPPP PLAN I 13114P LS $8,000.00 $8,000.00
4 GRAVEL ENTRANCE EA $1,30000 $1,300.00
5 DUST PERMIT LI $1,060.00 51,060.00
6 WATER PURCHASE $2 715.00 $2,715,00
7 QUALITY CONTROL . AL $20,000.00 $20,000.00
8 SURVEY & AS-BUILTS $20,000.00 $20,000.00
9 SECURITY (SURVEILLANCE. CAMERAS) MO 52,205,00 $8,800.00
10 POTHOLING $24,000.00 $24,000.00
11 TEMPORARY FENCING 4 MO 5650.00 $2,600.00
12 SWEEPING 80 EPS $80.00 $6,400.00
3 TRAFFIC CONTROL AL $1,500.00 $1,500.00
14 PROPERTY RENTAL 4 MO $500.00 $2,000.05
15 MISC CLEANUP GRADING AL 54,000.00 $4,000.00
General Conditions Subtotal $226,095,00
-
16 DEMOLISH & REMOVE EMS EA _ $1,042.00 52,084.00
17 DEMOLISH & REMOVE PCS EA 52,084.00 $2,084.00
18 DEMOLISH & REMOVE TURNOUT STRUCTURE 1 EA $1,042,00 $1,042.00
19 DEMOLISH & REMOVE CHECK STRUCTURE 1 EA $1,042.00 $1,042,00
20 DEMOLISH 8c REMOVE. EXISTING CANAL LINING 191 LE $30.00 $5,850.00
21 REMOVE &SALVAGE AIR RELEASE VALVE 1 EA $121.00 5121.00
22 REMOVE & DISPOSE EXISTING 30" RCP 104 LF $27.00 $2,808.00
23 REMOVE. & SALVAGE EXISTING MANHOLE COVER 1 EA $242.00 $242,00
24 REMOVE Sc SALVAGE EMS MOTE -I COVER 2 EA $242.00 $484.00
25 REMOVE & SALVAGE ICS MESH COVER 1 EA $242.00 $242.00
26 REMOVE & SALVAGE CANAL GATE 4 BA 5437.00 51,748.00
27 REMOVE & SALVAGE WA LIMAY EA_ $437.00 $437,00
28 REMOVE & SALVAGE 8 IN STE 218 LB $17,00 $3,706.00
29 REMOVE &DISPOSE 113 IN PVC 91 LE $211.00 $2,548,00
30 REMOVE & DISPOSE 24" RCP 89 LF 531,00 52,759,00
31 REMOVE & SALVAGE EXISTING CHAINLIIIK FENCE 202 LB $9.00 $1,818.00
39, CLE A R & GRUB 1 LS 51,740.00 $1,740.00
Demo/Removal. Subtotal $30,755.00
33 BVTWXIFTHBOXCULVBRT 143 LB $1,126.00 $161,018.00
34 RCBC EXCAVATION 1 LS $2,886.00 52,886.00
35 RCBC BAGWELL 1 LS $29,530.00 $29,530.00
36 INLET TRANSITION LINING 180 SIT $48.00 58,640.00
37 OUTLET TRANSITION LINING 358 SIT 534,00 $12,172.00
38 4 IN DIA SCH 40 PVC DUCT BANK 280 LB $72.00 $20,160.00
39 PRECAST VAULT (24X36X38) 4 EA $6,075.00 $24,300.00
40 TEMPORARY FENCING 72" CHAIN LINK 145 LB 513.00 $1,885.00
41 HANDRAIL WITH TOEROARD 34 LB $85.00 $2,890.00
Ilax Culvert Subtotal $263,481.00
42 CHECK sTRucruRn PA $69,250,00 $69,250.00
43 CHECK STRUCTURE EXCAVATION LS $2,685.00 $2,885.00
44 CHECK STRUCTURE BACREILL IS $4,860.00 $4,860.00
45 OUTLET TRANSITION LINING 160 SF $50.00 58,000.00
46 OFT \V X 4 rer H SLIDE GATE (FRESNO) 2 EA $31,817.00 $63,634.02
47 CHAIN RAIL 10 LF $85.00 $850.00
45 ITANDRAIL WITH TOI3BOARD 72 LE 585.00 $6,120.00
49 HANDRAIL GATE 2 EA $495.00 $990.00
Check Structure Subtotal $156,509.00
Lat ri113 ".:::..-"*;••.: ..•. f:Y_-• • , .:,:-.- 7 :, "'•'.!: ,,::,-: Y.:::::-1,--- ....J...:::::„. ,•, • .' • ' •-•,-;-, ..,;,,:. 41::•:,.•-•;,:. 'i -•,, • "•-• .::',..,,:,:,-,. •:- --_: .••,•;•••:-...:.7•:,,
50 TURNOUT STRUCTURE I EA $19,325.00 $19,325.00
51 TURNOUT STRUCTURE EXCAVATION 1 LS $720.00 $720.00
52 "JURNOUT STRUCTURE BACKPILL 1 LS 52,22000 52,220.00
53 30" DIA CLASSY RGRCP 27 LF $373.00 $10,071.00
54 24" DIA CLASS V RGRCP 124 LF $221.00 $27,404.00
55 FLOW CONTROL STRUCTURE I RA $69,990.00 $69,990.00
56 FLOW CONTROL STRUCTURE EXCAVATION 1 1,8 $3,605,00 55,60530
57 LOW CONTROL STRUCTURE BAC c.FILL 1 LS $24,175.00 $24,175.00
58 -SIDED MANHOLE 2 EA $33,725.00 566,650,00
59 &I 24 IN CANAL GATE W/ SIDE CRANK OPERATOR 2 EA 55,655.00 511,31000
61) Fed 24 IN CANAL GATE W/ WIIBEL I EA 53,770,00 53,770,00
61 P&I 30 IN CANAL GATE W/ WHEEL 1 EA $5,325.00 55,325,00
62 30" SUPPRESSED WEIR GAUGE (CITI, 169) 1 EA $ 357.00 53,357.00
63 STAFF GAUGE EXTENSION pm 357) 1 , EA 53,357.00 $3,157.00
64 CHAIN RAIL 6 LF $85.00 $510.00
La1taI 13 Sul:Iota-I $251,789.00
J.K.,2,,-,ici3 .: , - :t;f„,_; ,._..:•...._:::.:;:;:,,.:-.';?!.._;:f;. :::.''2,1;' ,.:,::: ';1.9--,':.'",:f:, . " t' -' ..._ ,:. !-..,..'";;;' .':::,'-_"-_::.•;'''''': ' .''''..:',L ,' 7.. '' ."''.- " I::::': 'Z' ..."'..- ...- ''. Ic-..:?" ..; ::.:',';'' -!:: 'I . ' .:::::''.:.;;: I...: ''
65 24" LIlA C900 PVC 91 LIT $226.00 $20,566.00
66 FLEXIBLE COUPLING I EA $1,215.00 $1 2 5.00
Turnout 13-02 Subtotal $21,781,00
ll'T - -4,- "-f.::"-c.::'::" '!'.. -. ,:1' ....:'': -..-:..:;.::'.,"' : %'. '-''::,"'
67 8 134 DIA DUCTILE IRON PIPE, CLASS 350 145 LF 528.100 541,100,00
68 0 IN AIJ DUCTILE IRON TEE W/ JOINT RESTRAINT l EA 575000 5750.00
69 BIN PROPELLER FLOW hIRTER 1 EA $6,40 .00 56,400.00
70 12 IN W X 12 IN HE a IN THICK, PIPE SUPPORT BLOCK 4 EA 51,80000 57,20030
71 3 IN MALE ADAPTER AND NEWS IN AIR VENT 2 EA 53,400110 $6,800.00
72 PIPE BOLLARD 4 EA 5495.00 51,980.00
73 BUTPERFLY VALVE 2 EA $2,850.00 5,700.00
74- 72 iN C1XAIN LINK_FENCE 152 LF $1000 $2,736.00
75 20 FT CHAINLINK ROLLING GATES 2 EA 54,682.00 59,764.00
Welf11-21 Pipeline Subtotal 582,51030
TnrilEilit13 4?P,--:';-:.;::::.:7,.: .;:"_,:''. .'-'1.-: .2 "::: '.-:..:,.,;.'. '-E-."-%_" 10: ',.':,';i'"- -. •RI'.',... - ',., ' ' .'"'.'.'.'":' :.il.'''' 1: '.';':',*'"':- ;'-. i .,'-' '...-',' ...'.'f'. -',-.'.:'..::::."F -..'. -:-%:::,'",
76 24" DIA CLASS V RORCP 43 LF 5162,00 57,776,00
77 PLOW MEASUREMENT STRUCTURE 1 EA $30,500.00 530,51)0.00
78 EMS EXCAVATION 1 15 $1,445.00 51,445.011
79 EMS BACKFILL 1 LS 55,191100 55,199.00
80 ENAMELED 30" CONTRAC ED WEIR GAUGE (D11 1701 1 EA $1,357.00 $1,357.00
Turnout 13.01 Subtotal 546,260.00
!.:,'; :.......".V..';.;. " '.''','-'.'.: : -:::• • • :.• .4,7. :' :•,: ::_•-• -': :=-• . ' .. . .... ...Y•.•=i-•:i::3..' :7'.-=,.:.:V!.'.'i- .:''... .- ,'• • .•;:.' •• .7:-:''-' 5'7:' '': ••••••••:',•:?'n, `:"±'I
RI 12 IN HOPE PIPE 150 LE 571.00 510,65000
82 24 IN DR-17 IIDRE PIPE, sr-70.001 270 LB $114.00 $30,780.00
83 COFFERDAM W/ 1.5 IN CONCRETE LINING ON UPSTREANI FA 2 E $3,980.00 $7,960.00
84 CONCRETE LINING BOWL TRANSITION, 15 IN MIN THICKN 100 SF $35.00 53,50000
85 CONCRETE LINING TRANSITION 1.5 IN MIN THICKNESS 250 SP $17.00 $4,250.00
86 12 IN CANAL GATE I EA_ 53,13000 53,130.00
87 24 IN CANAL GATE 1 EA $3,792.00 53,79500
011 ABANDON BYPASS PIPE 371 LB $6.00 $2,226,00
89 RESTORE CANAL TO ORIGINAL CONDITIONS 1 AL $17,690.00 $17,600.00
Construction Bypass Subtotal $83,891.00
Subtotal $1,163,159.00
Condugency 65% $58,157.95
lusurace 6 I% $12,213.17
Overhead & Profit ® 12% $141,044.66
Bond gi,5% $21,840.60
Soleil Tax (ig 4.095% $59,624.85
-TOTAL $1,456,040.23
MARICOPA WATER DISTRICT
MCDOT Camelback Road At Beardsley Canal
MVVD Beardsley Canal and MWD Lateral 13 Relocations
Construction and Construction Observation Cost Estimates
Summary of Costs
December 19, 2018
Construction Observation Services Cost Estimate
Item Description Cost
1 Construtlon Costs by Rummel Construction 1,456,040
2 Construction Observation/Management by GCE 41,850
3 MWD Administrative Costs for Construction Observation 5,950
Sub-Total Construction 1,503,840
Total Cost Estimate 1,503,840
SPECIAL NOTES:
Please note that this estimate Is based on best available information, and assumptions documented
1 herein; costs may fluctuate to reflect any project changes, holds, or conflicts.
2 This estimate is valid for 90 days from the date listed above.
I EXHIBIT "A"
2
3 The Road Project
4 Maricopa County's Camelback Road & Beardsley Canal
5 Improvement Project
6
7
8 A map depiction and description of the proposed Road Project
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
502-29-351 FCDMC 502-28-582 FCDMC
502-28-583 FCDMG
PROP. EXIST SECTION PROPERTY PROPOSED EXISTING PROPOSED PROPOSED EXISTING LEGEND:
COP/ST CONS]: LINE CONSTRUCTION
LINE EASEMENT RIGHT RIGHT Exisr
CENTERLINE CENTERLINE EASEMENT EASEMENT TEMPORARY OF OF Riw
WAY WAY EXIST
R/W
Arroyo
Mountain
N89°37'12W Estates,
CAMELBACK RCA
Missionary 2E49.04' 502-28
502-29-353 Wings, ROAD -578
Inc./Eta'
to
0'
SCALE
IN 100'
FEET
200' SEC a> _ (1;12
LN
190Th RF 0 M ,e> *4, -E CCCN
RIGHT c-HeIDX DCBIONCD PROJECT Ayr MARICOPA
OF HO. TO CANIELBACK AN3QC
WAY TTSKI PNRHYVILLE RD COUNTY N
PLAN
GD DV
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08701•2017 m.o.
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023425-2 523426-2 023424-2 023424-1 023424-4
NO. '
ASSR.
502-29-353 502-28-007 502-28-543 502-28-543 502-28-543
PAR.
NO.
Missionaiy MOM Arroyo Arroyo .Arroyo PROP. EXIST. SECTION EXISTING EXIS7ING LEGEND: EXIST Arroyo
PROPERTY PROPOSED PROPOSED PROPOSED
WOO CONSTRUCTION
El Mountain &fountain Mounfnin CO//ST. CO//ST. LINE CAMELBACK R/W Mountain.
Wings, LINE RIGHT
EASEMENT RIGHT
OWNERSHIP EASEMENT TEMPORARY OF 1111r
InciEtal Estates, Estates, Est&tos, CENTERLINE CENTERLINE EASEMENT OF
WAY Estates,
1-10A 1-10A I-/CA WAY Missionary
ROAD o
HOA L.° 1" — CN.1
502-29-353 Wings, No tr, Tc, I See Co pci
502-28-543 Deta ° E 0.5 M o 0
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ACRES AREA ...."
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7186 21195 303 - 303 FT. ESMT. \ / _
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0.17 0.49 0,007 0.007 ACRES AREA . i 1 (ol SEC L5 L3
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DETAIL _ /
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NO. / /
/ Easemen Prainage / / 1
, See i 1
Detail
0' B
See Arroyo
DETAIL Estates,
SCALE Detail 502-28-545
IN 100' it C _ C HOA Mountain
-
FEET
200' 0 c') c‘.1 Lr) Easement Drainage 101 MGM= Li Easement Drainage
_co Ebq Co PD 0.)- — Co LLI CO L16 502-28-007 D23426 8
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124 123 1.21 L20 L19 L18 L17 1_16 L15 L14 1.13 1.12 1.11 L10 L9 L8 L7 L6 1.5 1.4 .1.3 12 L1 NO.
ciocKto CRAV. DESIGNED 195TH RF 5 N N S S S S N N S S N N N N S N N N S N N 589°37'12"E
RIGHT 1CL PROJECT AVE MARICOPA 00 5893T12'
TO CAMELBACK Axxx 89°3712" 00°22'45' 89°3712" 00°3043" °3043" 003V48" 89'37'12" 00°30'48" 89°37'12" 00°3048" 89°37'12" 00°22'48' 89°3712" 00°30'48" 89°37'12" S002248' 89°37'12" 00°2248" 0D°2248" 89°37'12" 00°2248" 00°22'48" 0022'48" REARING
OF pr,s1.0N
WAY BY NO. PERRVILLE RD 5 C W W W W 5 E W W E E W E W IN E E 5 IN W E E G
PLAN =20 COUNTY
2649.04\--m—
RD I. 89.91' 80.00' 89.73' 80,00' 55.00' 135.00' 157.00' 135.00' 157.00' 15.00' 20.23' 15,00' 20.19' 65.00I 20.00' 15.00' 20.00' 15.00' 65.00' 601.00' 10.00' 60.00 10.00' 65.00' LENGTH
BY ,
2 I
OF 4 6110ET owiram7 .7,07
L7 L6 L5 L4 1.3 1.2 Ll NO,
"D" N N S S N S S
023405-4 023426-4 0234274 023428-6 NO. 00°30'43' 89°3653" 47°40'24" 80°36`53" 0030'45' 89°36'53 00°30'43' BEARING
ASV. E W W E E E. W S89°37"12"E
502-28-958 502-28-004E 502-29-108 502-29-076 PAR
NO. 20.00' 61.61' 48.65' 47.18' 13.00' 50.00' 83.00' LENGTH
2649.04'
GEHAN Jacob L12 L11 L10 L9 L8 NO.
MCMWCD Came/back 8 S N I N S S Z C--) CO I-1-1 (... -4
HOMES #1 Amber oo.a z :S I ;9 -4. PD in 0.1 co m
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OP Harnblin OWNERSHIP .or 75.00' — < OW Cf) —I ›–
Farms, E E W W W 139.00' L13 L14 57.c to
ARIZONA co
HOA 50.00' 110.00' 50.00' 110.00' 70.00' LENGTH L19
LLC Jacob 1.3 L20
L19 L13 L17 L16 L15 L14 L13 NO. & L4 L18 121 L16
SQ. N S S S S N N 502-29-076 Amber 023428-6 406.92' 1.24 L22 OF
- - - FT. FEE 00.23 BEARING Irrigation EXIST S89°36'53"E GEHAN
89°36'53" 00°30'48" 89°36'53° .0r 89°36'53" 00°3048" 00°30'48" Easement Construction Temporary L23 502-28-958 ARIZONA 023495-4
- - - ACRES AREA W W 5 W E E 5 Camelback Hamblin R/W —Slope HOMES
Easement 2637.52' LLC
- - 5500 - SQ. FT. TOTE.. 64.00' 20.00' 8.23' 15.00' 55,74' 35.00' 65.00' LENGTH 502-29-108 Garden 023427-1 Easement
-J
- .13 - ACRES AREA L23 L22 1.21 L20 NO. Farms, Ll 0 j 0) L12 OF GEHAN
SQ. N S S N N HOA 12 Of 502-28-957 ARIZONA
2436 2116 _ 1988 FT. ESMT. Connie HOMES
89°5653" 00°2307" 89°36'53" 00°30'48" 00°30'48" BEARING LLC
AREA 502-29-097 D.
.06 .05 - 0.05 ACRES W W E E E 011son
121.82' 20.00' 121.77' 20.00' 65.00' LENGTH
XXXX-.>000(XXX )000(.,XXXXXXX >D004->0(X0(XXX XXXX-)000000( 5E0090100 ACQUISITION Louise Guy
NO. 502-29-098 Ann Anthony, SEC FIRST
Vaccaro Jr. CAMELBACK LW TR
& 502-28-600 NO AMERICAN
0' 8708
James TITLE
SCALE 502-29-099 C. ROAD EXIST CO
IN 100' 1=1=1=1 PROP. EXIST. SECTION PROPERTY PROPOSED EXISTING PROPOSED PROPOSED EXISTING LEGEND: Williams
FEET CONSTRUCTION R/W
CONST. CONST. LINE
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CENTERLINE CENTERLINE EASEMENT OF WAY 502-29-100 M.
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RIGHT CHECKED PROJECT AVE MARICOPA 502-29-101 J. Charles TR NO AMERICAN
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EASEMENT EASEMENT TEMPORARY RIGHT OF 502-28-601 NO AMERICAN
CENTERLINE CENTERLINE EASEMENT OF WAY Charles SEC 8708
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EXHIBIT A
Legal description of Easement Property
• OFFICIAL RECORDS OF
WHEN RECORDED MAIL TO: iVIARICOPA COUNTY RECORDER
ADRIAN FONTES •
20180470782 0612012018 01:00
Maricopa Water District ELECTRONIC RECORDING •
P.O. Box 900 MARIC0PARDWY-14-1-1--
Waddell, AZ 85355-0900
ROADWAY CROSSING CONSTRUCTION AND ACCESS EASEMENT
This Roadway Crossing Construction And Access Easement (the "Easement") is
executed to be effective as of the rday of J ILM 2018, by MARICOPA
COUNTY, a political subdivision of the State of Arizona (the "Grantee"), and IVIARICOPA
COUNTY MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, an irrigation and
water conservation district, a municipal corporation and a political subdivision of the State of
Arizona ("MWD" and "Grantor"), Grantee and MWD are sometimes each referred to in this
Easement as a "Party" and collectively as the "Parties."
RECITALS
A. MWD is the owner of a federal right-of-way in the real property legally described
on Exhibit A attached hereto and incorporated herein by this reference (the "Easement
Property"). Such Easement Property currently contains, and will continue to contain, a portion
of MWD's canal, maintenance road and other facilities.
B. Pursuant to an Agreement for Relocation of MWD Facilities and Property
Interests between Maricopa County and MWD dated March 30, 2017 (the "Relocation
Agreement"), certain MVVD facilities and properties will be relocated to accommodate Grantee's
Came!back Road at Beardsley Canal Improvement Project (the "Road Project").
C. The MWD facilities that are impacted by the Road Project generally include, but
are not limited to: (1) the Beardsley Canal box culvert and wing walls, excluding Grantee's
roadway pavement section (the "Roadway") that extends over the box culvert located at the
intersection of Camelback Road and the Beardsley Canal ("MWD Box Culvert"); (2) a portion of
Lateral 13 facilities located along the south side of Camelback Road; (3) a portion of Lateral 13
Sublateral facilities located within the Beardsley Canal Right-of-Way; and (4) the Well 13-21
facilities located in the Southeast corner of Camelback Road and the Beardsley Canal.
0, Upon completion of the MWD Box Culvert and related structures, Grantee will
construct the Roadway on top of the MWD Box Culvert (collectively, the "Grossing
Improvements"). The Roadway will be utilized as a public roadway crossing (the "Public
Roadway Crossing").
E. Grantee and MWD desire to provide for an easement upon the Easement
Property in favor of Grantee for the public purposes of constructing, operating, maintaining,
replacing and repairing the Roadway, for constructing, maintaining, and repairing the MWD Box
Culvert to the extent required in support of the Roadway, and, once constructed, an easement
for the Public Roadway Crossing over the portions of the Easement Property that have been
improved by the Crossing Improvements.
AGREEMENTS
Now, therefore, in consideration of the foregoing and in consideration of the following
mutual covenants and obligations and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Grant of Easement. Subject to the terms and conditions hereof, MWD hereby grants to
Grantee, the following easements upon the Easement Property; a perpetual easement for (a)
the construction, installation, repair, reconstruction, modification, reinstallation, replacement
("Construction") and the operation, maintenance and use of the Roadway for Public Roadway
Crossing and associated purposes, such as operation, maintenance, repair, reconstruction,
improvements and placement of traffic signals and street light conduits; (b) the initial
construction of the MVVD Box Culvert; (c) the inspection of the MVVD Box Culvert; and (d) the
future Construction and maintenance of the MWD Box Culvert to the extent that such
Construction and maintenance is required in support of the Roadway. MWD will be responsible
for the MVVD Box Culvert for MWD purposes, The easement hereby granted, shall include the
right to grant to others the right to use of the Easement Property for the installation and
maintenance of sewer, water, electric, communications, fiber optics and other utility facilities,
provided that Grantee's right to grant such third party uses shall not derogate from or exclude
MWD's right to also require MWD licensing of such third party uses of the Easement Property
other than the Roadway.
2. Nonexclusive Easement. Exclusive use of the Easement Property is not hereby
granted. MWD reserves: (a) a prior and superior right of access and use of the Easement
Property to accomplish all of MWD's purposes, and except as provided in this Easement,
nothing in this Easement shall be construed to deny or lessen the powers and privileges granted
IVIWD by the laws of the State of Arizona; (b) the right to grant to others the right to use the
Easement Property, but not the Roadway, in common with MWD, Grantee and others entitled to
the use thereof; (c) the right to use the Easement Property, but not the Roadway (and to grant
to others the right to use the Easement Property but not the Roadway) for any surface or
subsurface use that does not unreasonably interfere with Grantee's use of the Easement
Property for Public Roadway Crossing purposes including, but not limited to, the installation and
maintenance of sewer, water, electric, communications, fiber optics and other utility facilities;
provided that no such use shall substantially interfere with, substantially reduce or substantially
curtail the grants in Section 1, above, or impede safe travel for public traffic across the
Roadway. In exercising any rights reserved under this Section 2, MVVD shall use reasonable
efforts to avoid interfering with Grantee's use of the Easement Property for Public Roadway
Crossing purposes, and in any event: (i) the rights reserved to MWD shall not include any right
to disturb, impair or undermine the Roadway, (ii) MVVD shall minimize, to the extent reasonably
possible, any impact on vehicular traffic over the Roadway, and (iii) before exercising any rights
having an impact on vehicular traffic over the Roadway, MWD shall coordinate with Grantee so
as to minimize such impact as much as reasonably possible.
3. Construction and Maintenance of Crossing improvements.
3.1. The Roadway will be owned by Grantee. The MWD Box Culvert will be owned
by MWD.
3.2. The Initial design and construction of the Crossing Improvements are subject to
the Relocation Agreement. The future design and Construction of the Crossing Improvements
are subject to iViWD's review and written approval which will not be unreasonably withheld and
-2-
which will be done in accordance with MWD's normal practices and payment of fees in
accordance with MWD's payment schedule prior to the commencement of Construction of the
Crossing improvements. MWD's approval of the design does not constitute a determination that
such design and Construction are adequate for the intended purpose or complies with
applicable laws or industry standards.
3.3. The operation, maintenance and use of the Roadway, the initial construction of
the MWD Box Culvert, and any future Construction and maintenance of the IVIWD Box Culvert
as required in support of the Roadway shall be conducted in a manner reasonably calculated to
minimize any interference with MIND's use of MWD's existing or future water, power,
communications or other facilities on or adjacent to the Easement Property for MWD's purposes
within the Beardsley Canal corridor, The Construction of the Roadway shall be scheduled and
coordinated with MWD Operations Department and the contractors, agents and engineers as
provided under Subsection 3.0 of this Easement and Grantee.
3.4. Grantee shall ensure that qualified parties are contracted with to perform the
Construction work and that there will not be any Construction or installation of any
improvements or fixtures, other than those in the design approved by MWD, within or upon the
Easement PropertY. The Roadway and/or any modifications to the Easement Property shall be
constructed, completed, operated and maintained according to the specifications, standards,
and engineering practices regularly applied by the Grantee, If the law as it pertains to the
standard of care or safety requirements requires changes or upgrades to the manner of
operation or the condition of MWD facilities solely due to the construction and operation of the
Roadway, such change or upgrade shall be accomplished by MWD at Grantee's sole cost and
expense, provided said costs and expenses are reasonable.
3.5. It is understood and agreed by MWD and Grantee that the initial Crossing
Improvements do not meet MWD's current policy for a bridged crossing and that MWD has
agreed to waive this requirement initially because of special circumstances. However, in the
event Grantee makes any future improvements to the Roadway, to modify, widen, replace or
otherwise enhance the Roadway to accommodate development, to provide for additional traffic
loads or other reasons, Grantee will replace the Crossing Improvements with a new roadway
(the "New Roadway") and new MWD facilities ("New MWD Facilities") (collectively, the "New
Crossing Improvements"), in accordance with MWD's then current policies, standards and
specifications. Upon such replacement, for the purposes of this Agreement the term Roadway
as used herein shall mean the New Roadway, the term MWD Box Culvert as used herein shall
mean the New IVIWD Facilities, and the term Crossing Improvements used herein shall mean
the New Crossing Improvements.
3.6, The Easement Property shall be restored to a condition reasonably acceptable to
MWD and all debris shall be removed immediately following the completion of the Construction
of the Crossing Improvements.
3.7. Upon request of IVIVVD the Grantee shall ensure that "as-built" drawings of the
Crossing Improvements with specific locations and dimensions are submitted to MWD.
3.8. If any repair, relocation or reconstruction of MWD's water, power, communication
or other facilities directly related to MWD purposes is deemed reasonably necessary by MWD
because of the Construction, such repair, relocation or reconstruction shall be accomplished by
IVIWD, at Grantee's sole cost and expense, provided said costs and expenses are reasonable.
If any repair, relocation or reconstruction of MWD's water, power, communication or other
-3-
facilities directly related to MWD purposes is deemed reasonably necessary by MWD and is
caused by the operation, maintenance or use of the Roadway, such repair, relocation or
reconstruction shall be accomplished by MWD, at Grantee's sole cost and expense. Prior to
MWD engaging in such repair, relocation or reconstruction, MWD shall inform Grantee of such
repair, relocation or reconstruction and allow Grantee a reasonable opportunity to suggest an
alternative to such repair, relocation or reconstruction. If such suggested alternative
accomplishes the purposes of the proposed repair, relocation or reconstruction in a reasonably
comparable manner, and Grantee agrees to pay any additional cost of such alternative (if
applicable), MWD will consider, in good faith, whether to accept such suggested alternative,
MWD does not contemplate at the current time repair, relocation or reconstruction of MWD's
water, power communication or other facilities.
3,9. Grantee may delegate the Construction of the Crossing Improvements to such
contractors, agents and engineers, subject to the terms and conditions of this Easement, as
Grantee may see fit.
3.10. Grantee, shall be responsible for any reasonable and necessary costs and
expenses associated with the Crossing Improvements including, but not limited to, any costs or
expenses necessary for the repair, modification or replacement of the Crossing Improvements
(a) that are damaged or destroyed by MVVD, its employees, contractors or agents, who are
accessing and/or using the Easement Property for MWO's purposes and not for the purposes of
any licensees, permittees or easement holders from MWD after the date of this Easement and
within the scope of the rights reserved herein, or (b) to accomplish any of Grantee's purposes.
However, Grantee shall not be responsible for any costs and expenses associated with the
negligent or willful acts and misconduct of MWD, its employees, contractors or agents.
4. Storage and Use of Regulated Products. Grantee shall ensure that there is no
storage or use of any hazardous materials, fuels or other petroleum products, chemicals,
herbicides, pesticides, fertilizers, paint or any other such regulated products on the Easement
Property without the prior written approval of MWD, in the event of a spill on the Easement
Property of any authorized or unauthorized materials or products by reason of or related to the
exercise of the privileges herein granted to Grantee, Grantee shall immediately notify MWD and
shall be responsible for the remediation of such spill and any costs associated therewith. Any
remediation shall be performed in a timely manner in accordance with a plan approved by the
appropriate governmental authority and reasonably acceptable to MWD.
5. Indemnification. Each party (as "indemnitor) agrees to indemnify, defend and
hold harmless the other party (as "Indemnitee") from and against any and all claims, losses,
liability, costs or expenses (Including reasonable attorney's fees) (hereinafter referred to as
"claims") arising out of bodily injury to any person (including death) or property damage, but only
to the extent that such claims are caused by the act, omission, negligence, misconduct or other
fault of the inclemnitor, its officers, agents, employees or volunteers.
6, Incorporation of Recitals and Exhibits. The recitals set forth above, and all
referenced exhibits, are expressly incorporated in this Easement by this reference.
7. Assionment. All provisions of this Easement shall be binding upon the
successors and assigns of the Parties. Upon annexation of the Easement Property by a
municipality, the annexing municipality shall become the Grantee for all purposes under this
Easement and Maricopa County shall be relived of its duties and obligations under this
Easement.
8. Service of Notice. All notices and demands required or permitted by this
Easement shall be in writing and shall be deemed to have been given properly when (i) sent by
certified mail (postage fully prepaid) or delivered personally or by overnight courier to the
respective address below or to such other address as may be furnished in writing by any Party
to the other Parties pursuant to this Subsection 8; or (if) transmitted by facsimile to the
respective facsimile number below or to such other facsimile number as may be furnished in
writing by any Party to the other Parties pursuant to this Subsection 8, and the appropriate
conformation is received. All notices and demands shall be deemed effective upon delivery, if
delivered personally or by overnight courier, or if transmitted by facsimile; or twenty-four (24)
hours after deposit in the U.S. Mail, if by certified mail.
Notices to MD Notices to Grantee
Attn: Property & Contracts Supervisor Maricopa County
Maricopa Water District Kimberly Romero
P.O. Box 900 2801 W. Durango Street.
Waddell, AZ 85355-0900 Phoenix, AZ 85009
Facsimile No. (623) 584-2536 Facsimile No. (602) 506-4161
Telephone No. (623) 546-8266 Telephone No. (602) 506-8685
9. Waiver, No waiver by any Party of any breach of any of the covenants or
conditions of this Easement which are to be performed by the breaching Party shall be
construed as a waiver of any succeeding breach of the same or any other covenant or
condition.
10. Attorneys' Fees Upon Default. If MWD or Grantee defaults in the timely
performance of its obligations under this Easement, the Party not in default shall be entitled to
recover court costs and reasonable attorneys' fees, as determined by a court, in any suit or
proceeding to enforce its rights under this Easement. The foregoing shall not in any way limit or
restrict any right or remedy at law or equity which would otherwise be available to such Party in
default.
11, Entire Easement; Changes After Execution. This Easement, including its
specified addenda and exhibits, if any, constitutes the entire agreement between the Parties,
and any amendment thereto must be in writing, signed by both Parties.
12. Water Damage. MWD shall not be liable for any loss sustained by Grantee, its
officers, employees, agents, assigns or invitees on the Easement Property or to the Roadway
because of water damage from any source whatsoever including, but not limited to, flood,
drainage or run-off, irrespective of any prior knowledge by MVVD of the possibility of such flood,
drainage or run-off, or any act, omission or negligence of MWD, its directors, officers,
employees, contractors or agents, but excluding any negligent act or omission of MWD, its
directors, officers, employees, contractors or agents relating to the normal, day-to-day operation
or maintenance of any canal or other work.
13. Remedies. In the event of a breach or default under this Easement, the non-
defaulting party may pursue all rights and remedies available at law or equity, including without
limitation, specific performance; however, in no event shall the right of rescission of this
Easement be available as a remedy, and in no event shall the grants hereunder be terminated.
in witness whereof, the Parties have executed this Easement effective as of the date first
set forth above.
IVIARICOPA COUNTY MUNICIPAL WATER MARICOPA COUNTY, a political subdivision
CONSERVATION DISTRICT NUMBER ONE, of the State of Arizona
an irrigation and water conservation district, a
municipal corporation and a political
subdivision of the State of Arizona
Its: Property & Contracts Supervisor
ACCEPTED:
ATTEST: MARICOPA
SUPERVIS
By: .__.) By:
en Vortherms Chairman of the Board
Its: Assistant Secretary Date: JUN 13 201B
Clerk of the Board of Supervisdfs
Date: JUN 1 3 71118
Approved as to form and within the powers
and authority of the Board of Supervisors
r( Pi -Vi-G
Deputy County Attorney
Date: qS-Pg
ACKNOWLEDGMENT
STATE OF ARIZONA
) ss:
County of Maricopa
On this 14411 day of Jail e , 2018, before me, the undersigned Notary
Public, personally appeared Christine Cain and Glen Vortherrns, known to me to be the
Property & Contracts Supervisor and Assistant Secretary of MARICOPA COUNTY MUNICIPAL
WATER CONSERVATION DISTRICT NUMBER ONE, an irrigation and water conservation
district, a municipal corporation and a political subdivision of the State of Arizona, and they,
being duly authorized so to do, executed the foregoing instrument for the purposes therein
contained.
In witness whereof, I have hereunto set my hand and official seal.
'MENA MESSER
Notary Public Arizona
Maricops County
Expires 10/19/2021 NOTARY PUBLIC
My Commission Expires:
2
-
STATE OF ARIZONA
) ss:
County of Maricopa
On this .61k day of , 20180_before me, the undersigned Notary
Public, personally appeared, rliiihTlq romern anckievilAW" &IV (<1 el, known to me to
be the lecti 12vD 7ol-vi cir and ).(-111161(- ettiVI•I If vfn,i 111(Nof MARICOPA
COUNTY, a political subdivision of the State of Arizona, and he/she, being duly authorized so to
do, executed the foregoing instrument for the purposes therein contained.
In witness whereof, I have hereunto set my hand and official seal.
krif-v-r-11; o
NOTARY- UBLIC
My Commission Expires:
TANGELLA DI
Notal Public - State of Afizona
MARICOPA COUNTY
My Cornmluton Expltak
December 1, 2020
EXHIBIT A
Legal description of Easement Property
Parcel No. 502-28-543
Came!back Road at Beardsley Canal
Project No TT520
Item No, D23424-I
EXHIBIT 'A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
Parcel ICE:
A portion of the Southwest quarter of Section 16, Township 2 North, Range 2 West of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:
Commencing at a 3 inch Maricopa County brass,cap marking the South quarter corner of said Section
16 from which the Southwest corner of Section 16 bears North 89°37'12" West, a distance of 2649,04
feet; thence along said Section line, North 89 037 112" West, a distance of 741.04 feet; thence departing
said Section line North 00 02248" East, a distance of 65.00 feet to a point on the Northerly right of way
of Carnelback Road and the Point of Beginning; thence departing said right of way, North 00'22'48"
East, a distance of 10.00 feet; thence South 89 03712" East, a distance of 60.00 feet; thence South
0002248" West, a distance of 10.00 feet to a point on said northerly right of way of Camelback Road;
thence along said northerly right of way, North 89 03712" West, a distance of 60,00 feet to the Point of
Beginning.
The above described parcel contains 600 square feet or 0.0138 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 6/13/2017 IL Chk: Appr:
Rev: EXPIRES 12 / 31 / 2017
maricopa County Public Works - Real Estate Division
GRANTOR DATE.
EXHIBIT "A"
Page 1 of 1
NO, BEARING LENGTH
LI N 00°22'48" E 65.00'
L2 N 00°22'48" E 10.00' 1
L3 S 89°37'12" E 60.00' Temporary
L4 S 00°2248" W 10.00' Construction
L5 N 89°37'12" W 60.00' L3 Easement
=MN
L5 in Not to Scaie
DETAIL A
D23424
Arroyo Mountain Estates HOA
See Detail A I 502-28-543
' EXIST RIW •
CAM ELBACK ROAD
741.04'
N8937'1 2W 2649.04'
Total Req'd. TCE Area; 600 square feet or 0.0138 acres EXPIRES 12 / 31/2017
MARICOPA COUNTY
CAM ELBACK ROAD AT BEARDSLEY CANAL
PROJECT No, 11520 ITEM No. D23424-1 DATE 06/09/2017 MARICOPA COUNTY RNV AGENT G,M,S.
Parcel No 502-28-543
Camelback Road at Beardsley Canal
Project No. TT520
Item No. D23424-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR A DRAINAGE EASEMENT
Parcel DE:
A portion of the Southwest quarter of Section 16, Township 2 North, Range 2 West of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:
Commencing at a 3 inch Maricopa County brass cap marking the South quarter corner of said Section
16 from which the Southwest corner of Section 16 bears North 89'37 112" West, a distance of 2649.04
feet; thence along said Section line, North 89 037 112" West, a distance of 344.04 feet; thence departing
said Section line North 00 022148" East, a distance of 65.00 feet to a point on the northerly right of way
of Catnelback Road and the Point of Beginning; thence departing said right of way North 00 022 148"
East, a distance of 15.00 feet; thence South 89 037 1 12" East, a distance of 20.00 feet; thence South
00022148" West, a distance of 15.00 feet to a point on said northerly right of way of Camelback Road;
thence North 89 037112" West along said northerly right of way, a distance of 20.00 feet to the Point of
Beginning.
The above described parcel contains 300 square feet or 0.0069 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 6/13/2017 TL Chk: Appr:
Rev: EXPIRES 12 f 31 1 2017
Maricopa County Public Works - Real Estate Division
GRANTOR DATE
EXHIBIT "A"
Page 1 of I
NO. BEARING LENGTH
Li N 00 022 148" E 65.00' ,
L2 N 00 022'48" E 15.00'
L3 S 89°37'12" E 20.00'
L4 S 00 02248" W 15.00' \
L5 N 89037'12" W 20.00' Drainage
. I-4 ...r.---- Easement
I Not to Scale
I _ 1..._14 N1 _J -1 1
‘ I
1 \ I /
\ n'i / /
N --. 1 ...- /
DETAIL A
D23424
LN
Arroyo Mountain Estates HOA
502-28-543 See Detail A
SEC
MO
CAM ELBAC K ROAD
344.04'
N89°37'12"W 2649.04'
Total Req'd. DE Area: 300 square feet or 0.0069 acres , EXPIRES 12/31/2017
MARICOPA COUNTY
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No, TT520 ITEM No. D23424-2 DATE 06/09/2017 MARICOPA COUNTY I R/W AGENT G.M.S.
Parcel No. 502-28-543
Came!back Road at Beardsley Canal
Project No. TT520
Item No. D23424-4
EXHIBIT "A"
LEGAL DESCRIPTION FOR A SLOPE EASEMENT
Parcel SE:
A portion of the Southwest quarter of Section 16, Township 2 North, Range 2 West of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:
COMMENCING at a 3 inch Maricopa County brass cap marking the South quarter corner of said
Section 16 from which the Southwest corner of Section 16 bears North 89'37'12" West, a distance of
2649.04 feet; thence along said Section line North 89 037'12" West, a distance of 157.00 feet; thence
departing said Section line North 00°30'48" East a distance of 65.00 feet to a point on the Northerly
right of way of Caraelback Road and the POINT OF BEGINNING; thence along said right of way
North 89037'12" West, a distance of 20.19 feet; thence departing said right of way line North
00'2248" East a distance of 15.00 feet; thence South 89°3712" East, a distance of 20.23 feet; thence
South 00°30'48" West, a distance of 15.00 feet to the POINT OF BEGINNING.
Said parcel contains an area of 303 square feet or 0.0070 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Appr:
EXPIRES 12/31/2017
Maricopa County Public Works - Real Estate Division
GRANTOR DATE
EXHIBIT "A"
Page 1 of 1
BEARING LENGTH
LI N 003048" E 65.00'
N 89°37'12" W 20.19'
N 00'122'48" E 15.00'
s 89°37'12" E 2023' .
S 00 030 148"W 15.00'
Not to Scale
D23424-4
Arroyo Mountain Estates, HOA
502-28-543
See Detail A
502-28-007
157.00'
889°37'12"E 2649.04'
CAM ELBACK ROAD
EXIST R/W-1:7'
, /glop
Easement
L2
-7-k- IGA1•734
V‘
22260
KENNETH W.
GREEN
DETAIL A 111: 475;I.1„!.;41 :—.41/:
Total Req'd. SE Area: 303 square feet or 0.0070 acres EXPIRES 12-131 /2017
MAR1COPA COUNTY
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. TT520 ITEM No. D23424-4 I DATE 07/2412017 1111If ;JUL" R/W AGENT S.R.
Parcel No. 502-29-353
CameDback Roadl at IReardsley CanaII
Project No. TT520
Iterani No. D23425-1,
EXHIBIT "A"
LEGAIL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
Parcel TCE:
A portion of the Northwest quarter of Section 21, Township 2 North, Range 2 West of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows:
Commencing at a 3 inch Maricopa County brass cap marking the North quarter corner of said Section
21 from which the Northwest corner of said Section bears North 89 037 112" West for a distance of
2649.04 feet; thence North 89°37 1 12" West along the North line of said Northwest quarter, for a distance
of 394.04 feet; thence departing said North line South 00 02248" West, for a distance of 55.00 feet to a
point on the Southerly Right of Way of Camelback Road and the true Point of Beginning;
thence continuing South 00°22'48" West, for a distance of 10.00 feet;
thence North 89 037'12" West, for a distance of 55.00 feet;
thence North 00 022148" East, for a distance of 10.00 feet to a point on said Southerly Right of Way of
Carnelback Road;
thence along said Southerly Right of Way South 89 03712" East, for a distance of 55.00 feet to the Point
of Beginning.
Said parcel contains an area of 550 square feet or 0.0126 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 11/30/2017 TL Chk: APPr: kV - o - .2 oil
Rev:
Marlcopa County Public Works - Real Estate Division
_1
Detail A
Z Not to Scale
N 0
LN
L1 SEC
MID BEARDSLEY
148"E
EXIST R/W NOT30
502-28-007
See Detail A
SEC LN
N77 1189 °37'12"W 2649k)4'
CAM ELBACK ROAD
co
EXIST R/W (c5,
co
Temporary Construction C•1
Easement
D23425
Missionary WIngs, Inc./Etat
502-29-353
NO. BEARING LENGTH
Ll S 00°22'48" W 55,00'
L2 S 00°22'48" W 10.00'
L3 N 89°3712" W 55.00'
L4 N 00°22'48" E 10.00'
L5 S 89°3712' E 55.00'
Total Req'd. TCE Area: 550 square feet or 0.0126 acres
MARICOPA COUNTY
CAM ELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. TT520 ITEM No, D23425-1 DATE 11/3012017 MARICOPA COUNTY RAU AGENT JR
Parcel No 502-29-353
Camelback Road at Beardsley Canal
Project No, TT520
Item No. D23425-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR A DRAINAGE EASEMENT
Parcel DE:
A portion of the Northwest quarter of Section 21, Township 2 North, Range 2 West of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:
Commencing at a 3 inch Maricopa County brass cap marking the North quarter corner of said Section
21 from which the Northwest corner of Section 21 bears North 89 037'12" West, a distance of 2649.04
feet; thence along the East line of said Northwest quarter corner South 00 03043" West, a distance of
55.00 feet to a point on the. Southerly right of way of Camelback Road and the true Point of
Beginning; thence continuing along said East line of said Northwest quarter corner South 00°30'43"
West, a distance of 80.00 feet; thence North 89°37'12" West, a distance of 89.73 feet; thence North
00022148" East, a distance of 80,00 feet; thence North 89°3712" West, a distance of 89.91 feet to the
Point of Beginning.
The above described parcel contains 7,186 square -feet or 0.1650 acres, more or less.
22260 1
KENNETH W.
GREEN
7,2/47(
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 6/13/2017 TL Chk: Appr:
Rev: EXPIRES 12 31 /2O7
Maricopa County Public Works Real Estate Division
GRANTOR DATE
EXHIBIT "A"
Page 1 of 1
NO. BEARING LENGTH
Ll S 00°30'43" W 65.00'
L2 IS 00°30'43" W 80.00'
L3 IN 89°3712" W 89.73'
L4 NI 00°22'48" E 80.00'
L5 S 89°371 2" E 89.91'
Not to Scale
EXIST R/VII
502-28-007
SEC LN
51 S89°3712"E 2649,04'
CAMELBACK ROAD
EXIST RA N
Total Req'd. DE Area: 7186 square feet or 0.1650 acres EXPIRES 12 / 3112017
MARICOPA COUNTY
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. TT520 ITEM No. D23425-2 DATE 06/0912017 MAR1COPA COUNTY R/W AGENT &R.
Parcel No. 502-28-007
Came!back Road at Beardsley Canal
Project No. TT520
Item No. D23426-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR A DRAINAGE EASEMENT
Parcel DE:
A portion of the Southwest quarter of Section 16, Township 2 North, Range 2 West of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:
Commencing at a 2 inch Ivlaricopa County aluminum cap marking the Southwest corner of said
Section 16 and along the South line of said Section 16 from which the South cpmrter corner of said
Section 16 bears South 89 037'12" East a distance of 2649.04 feet; thence South 89°37'12" East along
said Section line, a distance of 2492.04 feet to a point on the said Section line and the Point of
Beginning; thence North 00 030'48" East and along the Westerly property line of the Matieopa County
Municipal Water Conservation District 1, as described in Book 376 of Deeds page 317, a distance of
135.00 feet; thence South 89 037'12" East, departing said Westerly property line, a distance of 157,00
feet to a point on the North-South Mid-Section line of said Section 16; thence, along said mid-section
line, South 00°3048" West, a distance of 135.00 feet to the South quarter corner of said .
Section; thence, along the South line of said Section, North 89°37'12" West, a distance of 157.00 feet
to the Point of Beginning.
The above described parcel contains 21,195 square feet or 0.4866 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION EXPIRES 12131 12017
Prelim: 6/13/2017 TL Chk: Appr:
Rev:
Maricopa County Public Works - Real Estate Division
GRANTOR DATE
EXHIBIT "A"
Page I of 1
NO. BEARING LENGTH
Li N 89°37'12" W 157:00'
L2 I N 0030'48" E 135 00
L3 S 8937'12" 157.00'
L4 I S 00°30'48" W 135.00'
Not to Scale
Drainagn
Easement
• HMO AMEN Mot
D23426
EXIST RNV MCMWCD #1
502-28-007
2492.04' Li SEC LAI
S89°37'12"E 2649,04'
CAMELBACK ROAD
EXIST RAN
_L
502-29-353
(4,
Total Req'cl. DE Area; 21195 square feet or 0.4866 acres EXPIRES 12 31 / 2017
MARICOPA COUNTY
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No, TT520 ITEM No, D23426-2 DATE 06/09/2017 MAR1COPA COUNTY RNV AGENT S.R.
Parcel No 502-28-004E
Camelback Road at Beardsley Canal
Project No. TT520
Item No D23426-4
EXHIBIT "A"
LEGAL DESCRIPTION FOR A SLOPE EASEMENT
Parcel SE:
A portion of the Northeast Quarter of Section 16, Township 2 North, Range 2 West of the Gila and
Salt River Base and Meridian, Maxicopa County, Arizona, being more particularly described as
follows:
COMMENCING at a 3 inch Marieopa County brass cap marking the South quarter corner of said
Section 16 ftorn which the Southeast corner of said Section bears South 89°36'53" East, a distance of
2637.52 feet; thence along said section line South 89 036'53" East, a distance of 75.00 feet; thence
departing said section line North 00 03048" East, a distance of 65.00 feet to a point on the Northerly
right of way line of Canielback Road and the POINT OF BEGINNING; thence departing said right
of way North 00 030148" East, a distance of 35.00 feet; thence South 89 036153" East, a distance of 55.74
feet; thence South 00°23'07" West, a distance of 15.00 feet; thence South 89 036'53" East, a distance of
8,23 feet to a point on the Easterly line of that certain property as described in Dockett 4735, Page
0093 in the Maricopa County Recorder's office; thence along said Easterly line South 00 030148" West,
a distance of 20.00 feet; thence departing said Easterly North 89 03653" West, a distance of 64.00 feet
to the POINT OF BEGINNING.
Said parcel contains an area of 2,116 square feet or 0.0486 acres, more or less.
22260
KENNETH W.
aZildf>/p/4 GREEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 7/24/2017 TL Chk: I APpr: w=n ViVtfirM
Rev: EXPIRES 12 / 31 /2017
Maricopa County Public Works - Real Estate Division
GRANTOR DATE
EXHIBIT "A"
Page 1 of 1
Not to Scabo
LN
SEC
MID
502-28-958
EXIST RMI
—
502-28-007
S89°371 2E 2649.04'
CAIVIELBACK ROAD
EXIST RIW
502-29-353
NO. BEARING LENGTH
LI N 00°3048" E 65.00'
L2 N 00'3048" E 35.00'
L3 S 89°36'53" E 55.74'
L4 S 00°23'07" W 15.00'
L5 S 89°36'53" E 8.23' n ecf ICA rTill *-4
L6 S 00030'48"W 20.00' 22260
L7 N 89°36'53" W 64.00' KENNETH W.
GREEN _
47/26.26(7
L8161.1/1A-;i'
EXPIRES 12 / 31 /2017
Total Req'cl. SE Area: 2,116 square foot or 0_0486 acres
MARICOPA COUNTY
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. TT520 ITEM No. D23426-4 DATE 07/24/2017 1 MARICOPA COUNTY RAN AGENT G.M.S.
Parcel No 502-29-108
Came!back Road at Beardsley Canal
Project No. TT520
Item No. D23427-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
Parcel TCE:
A portion of the Northeast quarter of Section 21, Township 2 North, Range 2 West of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows:
Commencing at a 3 inch Maricopa County brass cap marking the North quarter corner of said Section
21 from which the Northeast corner of said Section 21 bears South 89°36'53" East, a distance of
2637.52 feet; thence along the North line of said Northeast quarter South 89 03653" East, a distance of
406,92 feet; thence departing said Section line, South 00°23'07" West, a distance of 70.00 feet to the
Point of Beginning; thence South 00 02025" West along the Easterly right of way of 190 th Drive, a
distance of 110.00; thence North 8936'53" West, a distance of 50.00 feet to the Westerly right of way
of said 190th Drive; thence North 00°2025" East along said Westerly right of way of 190th Drive, a
distance of 110.00 feet; thence South 89°36'53" East, a distance of 50.00 feet to the Point of
Beginning.
The above described parcel contains 5,500 square feet or 0.1263 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 6/13/2017 'FL Chk: I Appr:
Rev: EXPIRES 12 / 31 /2017
Maricopa County Public Works - Real Estate Division
GRANTOR DATE
EXHIBIT "A"
Page 1 of 1
No. BEARING LENGTH
Li S 00°23'07" W 70.00'
L2 S 00°2025" W 110.00'
ma. L3 N 89°36'53 1' W 50.00'
L4 N 00°20 125" E 110.00'
L5 S 89°36'53" E 50.00' Not to Scale
EXIST R/W
S89°36'53E 2637.52' SEC LN
406.92'
CAMELBACK ROAD
EXIST R/W
Temporary 01C:A
Construction -c 502-29-097
Easement IQ
L3
NOO°30'43"E 502-29-076
1 \ I Lan ci"II‘\ss
1CR
023427-1
22260
Camelback Garden Farms, HOA KENNETH W.
502-29-108 GREEN
07,4';'2ef?
Total Req`cl. TCE, Area: 5,500 square feet or 0.1263 acres EXPIRES 12/31 /2017
MARICOPA COUNTY
CAM ELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. 11520 1 ITEM No. D23427-1 DATE 06/09/2017 MARICOPA COUNTY RNV AGENT SR
Parcel No. 502-294176
Camelback Road at Beardsley Canal
Project No. TT520
Item No, D23428
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A parcel of land lying within a portion of the Northeast quarter of Section 21, Township 2 North,
Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more .
particularly described as follows:'
Commencing at a 3 inch Maricopa County brass cap marking the North quarter corner of said Section
21 from which the Northeast corner of said Section 21 bears South 89°36'53" East, for a distance of
2637,52 feet;
thence along the North line of said section South 89°36'53" East, for a distance of 75.00 feet to a point
on the Easterly right of way of Beardsley Canal;
thence along said right of way South 009043" West, for a distance of 83.00 feet to the Southwest
corner of a parcel of land conveyed to the IVIaricopa County Municipal Water Conservation District 1,
as described in Book 331 of Deeds, Page 102 in the Maricopa County Recorder's office and the Point
of Beginning;
thence along the Southerly property line of said MCWCD parcel South 89 03653" East, for a distance
of 50.00 feet to the Southeast coiner of said MCWCD parcel;
thence along the Easterly line of said MCWCD parcel North 00°30'43" East, for a distance of 13.00
feet to the Northerly line of Lot 34 as described in the Final Plat for Camelback Garden Farms in Book
592, Page 392 in the Maricopa County Recorder's office;
thence along said Northerly line of said final plat South 89 03653" East, for a distance of 47.18 feet;
thence South 47°4024" West, for a distance of 132.53 feet to said Easterly right of way for Beardsley
Canal;
thence along said right of way for Beardsley Canal North 00°30'43" East, for a distance of 76.90 feet to
the Point of Beginning.
Said parcel contains an area of 3,718 square feet or 0.0854 acres, more or less.
-mocAr-k:s.„-; 4 /0
KENNETH 22260 W.
GREEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION es. 7,-*201
Chk: Appr: ..Snad •
Rev:
Maricopa County Public Works - Real Estate Department EXPIRES 12/31 / 20Z0
GRANTOR OM- DATE "511 I tb
EXHIBIT "A"
Page 1 of 1
NO. BEARING LENGTH
Li S 89°3653" E 75.00'
L2 S 00°3043" W 83.00'
3 S 89°36'53" E 50,00'
L4 N 00°30'43" E 13.00'
Ing. S 89°36'53" E 47.18'
L6 S 47040124" W 13253' Not to Scale
L7 N 00°30'43" E 76,90'
/
L?11 EXIST RAN
MCMWCD
502-:?9-018
S89°36'53"E 2637,52' SEC LN
Li
CAM ELBACK ROAD
EXIST WO/ --//
A / 12!
Detail 0
N-NEW 13/W -c 502-29-097
See cD
023428
JACOB & AMBER HAMBLIN
502-29-076
EXIST RINI
023427
Camelback Garden Farms, HOA
502-29-108
For Agency use:
D23428 Total Reqa WW Area: 3,718 sqiiare feet or 0.0854 acres EXPIRES 12 31 2017
1VIARICOPA COUNTY
CAM ELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. TT520 ITEM No. D23428 DATE 10/23/2017 MARICOPA COUNTY RA/V AGENT IR.
EXHHE IT "A"
Parc I No,. 502-29-000
Cameiback Road at Beardsi y Cara
Project No,. TT520
Item Na. D23575
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portion of the Northeast quarter of Section 21, Township 2 North, Range 2 West of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at a 3 inch Maricopa County brass cap marking the North quarter corner of said
Section 21 from which the Northeast corner of said Section 21 bears South 89'36'53" East, for a
distance of 2637.52 feet;
thence along the North line of said Section 21 South 89 036153" East, for a distance of 75.00 feet to a
point on the East right of way of Beardsley Canal and the POINT OE BEGINNING;
thence continuing along said North section line South 89 036153" East, for a distance of 50.00 feet to the
West boundary line of Camelback Garden Farms subdivision, as described in Book 592 of maps, Page
39, Maricopa County Recorder;
thence departing said North section line and along said West boundary line South 0003043h1 West, for
a distance of 13.00 feet;
thence departing said West boundary line and along a line parallel with and distant 13 feet southerly
from said Noith Section line North 89°36'53" West, for a distance of 50.00 feet to the East right of way
line of said canal;
thence along said canal right of way line North 00°30'43" East, for a distance of 13.00 feet to the
POINT OF BEGINNING.
The above described parcel contains 650 square feet or 0.0149 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: KH-1/2/2018 Chk: 1 Appr:
. Rev: JO 02/22/2018, LV 04/12/2018
Maricopa County Public Works - Real Estate Division EXPIRES 12/31/2020.
GRANTOR II! DATE 3/( .
E I a f IT "A"
Page 1 of 1
NO BEARING
• S 89°36'53" E 75.00' :••[ 2
S 89°36'53" E 50.00'
L3 S 00°30'43" W 13.00'
L4 N 89 °36'53" W 50,00'
L5 N 00 °30'43" E 13.00'
Not to Scale
F' MWD 64' Fee Title Property
BK 376, PG 317;
MWD 157' Fee Title Property BK 376, PG 318;
DKT 1172, PG 413-415;
1 MWD 75 Beardsley Cana DKT 3632, PG 373-376;
I Fee Title & ROW IDKT 4739, PG 93-97;
ri BK 14, PG 35; LET 9072, PG 253-257;
li BK 24, PG 3; DKT 9072, PG 258-259;
1 Federal Grant 06629; DKT 9072, PG 260-261;
BK 376, PG 317; MCR No, 2016-0608789
I BK 584, PG 18
•
1.--. I 148T 502-28-004E
MIND Lateral 13 ROW
() —5- 02-T8-0- 07 NOO°30 and Pipeline
BK 14, PG 35;
EXIST R/W 13K 24, PG 3
ROB NEW R/W
CSD
SEC LN LI L2. 389°36'53E 2637.52
1\189°37'12"W 2649:04 ;
L5 L4 L3
CAM ELBACK ROAD
EXIST R/W
.3•r 2 L.N \ \_. 1 \-- EXIST MA/
L ' MWD Lateral 13 Easement
SEC CD and Pipeline
%SF MCR No. 2001-0650513
MID (;I MWD Well Site 13-21
cj Fee Title (50'x50`) and Well
MWD 75' Beardsley Canal ROW NOO°30'43"E to 131< 331, PG 102-104
& Canal Ci) CAMELBACK GARDEN FARMS
BIC 14, PG 35;
Federal Grant 06629;
BK24, PG 3;
BK 584, P018
75'
Total Req`cl. R/W Area: 650 square feet or 0.0149 acres EXPIRES 12/31/2020
MARICOPA COUNTY
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. Tf520 ITEM No. D23575-01 DATE 4/12/2018 MARICOPA COUNTY R/W AGENT S.R.
EXHIBIT "A"
Page 1 of 6
EXHIBIT "A"
MWD 20 Lateral 13 ROW and Pipeline
Camelback Road at Beardsley Canal
Project No. TT520
Item No. D23575
LEGAL DESCRIPTION FOR ROADWAY EASEMENT
A portion of the Northeast quarter of Section 21, Township 2 North, Range 2 West of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows:
COIVEVIKNCINTG at a 3 inch Marieopa County brass cap marking the North quarter corner of said
Section 21 from. which the Northeast corner of said Section 21 bears South 89'3653" East, for a
distance of 2637.52 feet;
thence along the North line of said Section 21 South 89°36'53" East, for a distance of 75.00 feet to a
point on the East right of way line of Beardsley Canal;
thence departing said Section line and along said canatright of way line South 00°30'43" West, for a
distance of 13.00 feet to the POINT OF BEGINNING;
thence continuing along said canal right of way line South 00 03043" West, for a distance of 20.00 feet
to the North property line of that Maricopa Water District Well 13-21 as described in Book 331 of
deeds, Pages 102-104, Madcopa County Recorder;
thence along said North property line South 89°36'53" East, for a distance of 50.00 feet to the West
boundary line of Cam.elback Garden Farms subdivision, as described in Book 592 of maps, Page 39,
Maricopa County Recorder; -
thence departing said North property line and along said West boundary line North 00 030143" East, for
a distance of 20.00 feet;
thence departing said West boundary line and along a line parallel with and distant 13.00 feet southerly
from said North Section line North 89°36 153" West, for a distance of 50.00 feet to the POINT OF
BEGINNING.
The above described parcel contains 1,000 square feet or 0.0230 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: N-1/2/2018 Aopr:
Rev: J13 02/22/2018, LV 04/12/2018
Maricopa County Public Works - Real Estate Division EXPIUS 12131/2020
GRANTOR DATE
EKEIIBIT
Pagel of 6
EXHIBIT "A"
rlf 0
NO. BEARING LENGTH
Li S 89°36'53" E 75.00'
L2 S 00°30'43" W 13.00'
L3 S 00°30'43" W 20.00'
L4 S 89°3653" E 50.00'
L5 N 00°30 143" E 20,00'
L6 N 89°36'53" W 50.00'
MWD 64' Fee Titlo Property Not to Scala
BK 376, PG 317;
MWD 157' Fee Title Property BK 376, PG 318;
BK 376, PG 317; DU 1172, PG 413-415;
DKT 1576, PG 62 MWD 75' Beardsley Canal DU 3632, PG 373-376;
Fee Title & ROW DKT 4739, PG 93-97;
BK 14, PG 36; 01(1 9072, PG 253-257;
BK 24, P03; DKT 9072, PG 258-259;
Federal Grant 06629; CANAL DKT 9072, PG 260-261;
BK 376, PG 317; 502-28-007 MGR No. 2016-0608789
BK 684, PG 18
1--
tf) 502-28-004E
BEARDSLEY
MWD 20' Lateral 13 ROW
502-28-007 and Pipeline
BK 14, PG 36;
EXIST BK 24, PG 3
Roadway
to POB Easement
SEC LN Li B89°36`53"E 2637.52'
1\189°37'12W 2649.04'
L2 -
CAMELBACK ROAD L3
EXIST RM
2 4/ \\— EXIST R/W
L. MWD Lateral 13 Easement
and Pipeline
MGR No, 2001-0650513
MWD Well Site 13-21
1 Fee Title (50 1x50') and Well
MWD 75' Beardsley Canal ROW BK 331, PG 102-104
& Canal CANifELBACK GARDEN FARMS
I3K 14, PG 35;
Federal Grant 06629;
131(24, PG 3;
131( 584, P018 ICA
4/c?
22261)
KENNETH W.
GREEN 4:24.1;
es,f,r,
EXHIBIT 'IA"
MWD Lateral 13 ROW and Pipeline
Total Req`d. Roadway Easement Area: 1,000 square feet or 0.0230 acres EXPIRES 12 1 31 / 2020
MARICOPA COUNTY Page 2 of 6
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. TT520 ITEM No. D23675-02 DATE 4/12/2018 MARICOPA COUNTY RAN AGENT S.R.
EXHIBIT "A"
Page 3 of 6
EXHIBIT "A"
Parcel No. 502-29-109
Camelback Road at Beardsley Canal
Project No TT520
Item No. D23426
LEGAL DESCRIPTION FOR ROADWAY EASEMENT
A portion of the Northeast quarter of Section 21, Township 2 North, Range 2 West of the Gila mid Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows:
BEGINNING at a 3 inch Maricopa County brass cap marking the North quarter comer of said Section
21 from which the Northeast corner of said Section 21 bears South 89°36'53" East, for a distance of
2637.52 feet;
thence along the North line of said Northeast quarter South 89 036153" East, for a distance of 75.00 feet
to a point on the Easterly right of way of Beardsley Canal;
thence along said right of way South 00 030143" West, for a distance of 55.00 feet to a point on the
South line of the North 55 feet of the said Northeast quarter;
thence along said South line North 89 03653" West, for a distance of 75.00 feet to a point on the West
line of said Northeast quarter;
thence along said West line North 00 030143" East, for a distance of 55,00 feet to the POINT OF
BEGINNING.
The above described parcel contains 4,125 square feet or 0.0947 acres, more or less.
MWD APPRe /ED
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 12/14/2017 jb Chic Appr:
Rev: : 02/22/201R jb; 05/08/2015 .lb
Maricopa County Public Works - Real Estate Division EXPIRES 12/31/2020
GRANTOR DATE
EXIIEBIT "A"
Page 3 of 6
EXHIBIT "A"
Pnapt 4f a
NO. BEARING LENGTH
LI S 89936 153" E 75.00'
L2 S 00030 143" W 55.00'
L3 N 89036'53" W 75.00'
L4 N 00°30'43" E 55.00'
MWD 64' Fee Title Property Not to Scale
BK 376, PG 317;
MWD 157' Fee Title Property BK 376, PG 318;
BK 376, PG '17; DIU 1172, PG 413-415;
DKT 1675, PG 62 MWD 76' Beardsley Canal 01<1 3632, PG 373-376;
Foe Title & ROW MT 4739, PG 93-97;
BK 14, PG 35; 01<1 9072, PG 253-267;
BK 24, PG 3; DKT 9072, PG 258-269;
Federal Grant 06629; 01< 19072, PG 260-261;
• BK 376, PG 317; MCR No. 2016-0608789
0K584, PG 18
I 502-28-007
502-28-004E
BEARDSLEY
MWD 20' Lateral 13 ROW
502-28-007 and Pipeline
13K 14, PG 36;
EXIST R/1/117 BK 24, PG 3
Roadway
POB Easement c.o
SEC LN S89936`53"E 2637.62'
N69937 112"W 2649.04' L1
C ...J
CAMELBACK ROAD L3 T
EXIST lir/W —/1
EXIST RM
MWD Lateral 13 Easement
and Pipeline
MCR No, 2001-0660513
MWD Well Site 13-21
Fee Title (605;50') and Well
mwo 75' Beardsley Canal ROW NOO°30'43'E BK 331, PG 102-104
& Canal CAMELBACK GARDEN FARMS
BK 14, PG 35;
Federal Grant 06629;
BK 24, PG 3;
BK 584, PG 18
EXHIBIT "A"
Parcel No. 502-29-109
Total Rocrd. Roadway Easement Area: 4,125 square feet or 0.0947 acres EXPIRES 12131/ 2020
MARICOPA COUNTY Page 4 of 6
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. TT520 ITEM No. 023426 DATE 12/14/2017 MAR1COPA COUNTY R/W AGENT SR.
EXHIBIT "A"
Page 5 of 6
EXHIBIT "A"
Parcel No 502-28-007/ 004E
Camelback Road at Beardsley Canal
Project No. 17520
Item No D23426
LEGAL DESCRIPTION FOR A ROADWAY EASEMENT
A portion of both the Southeast Quarter and the Southwest Quarter of Section 16, Township 2 North,
Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more
particularly described as follows:
BEGINNING at a 3 inch Maricopa County brass cap marking the South quarter corner of said Section
16 ftorn which the Southeast corner of said Section bears South 89°36'53" East, for a distance of
2637.52 feet and the Southwest quarter corner of said Section bears North 89°3712" West, for a
distance of 2649.04 feet;
thence along said South line of said Southwest quarter North 89'37'12" West, for a distance of 157.00
feet to a point on the Westerly line of that certain property as described in Book 376 of Deeds, Page
317; DKT 1575, PG 62 in the Maricopa County Recorder's office;
thence along said West line North 00°30'48" East, for a distance of 65.00 feet to a point on the North
line of the South 65 feet of said Southwest quarter;
thence along said North line South 89°37'12" East, for a distance of 157.00 feet to the North-South
mid-section line of said Section;
thence along the North line of the South 65 feet of said Southeast quarter South 89°36'53" East, for a
distance of 139,00 feet to a point on the Easterly line of that certain MWD Fee Title property as
described in BK 376, PG 317; BK 376, PG 318; DKT 1172, PG 413-415; DKT 3632, PG 373-376;
DKT 4739, PG 93-97; DKT 9072, PG 253-257; DKT 9072, PG 258-259; DIU 9072, PG 260-261;
MCR No, 2016-0608789 in the Maricopa County Recorder's office;
thence along said Easterly line South 00 03048" West for a distance of 65.00 feet to the South line of
the said Southeast quarter;
thence along last said South line North 89°36'53" West for a distance of 139.00 feet to the POINT OF
BEGINNING.
Said parcel contains an area of 19,240 square feet or 0.4417 acres, more or less.
=
F19)/E
DJ.%
Zr—
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 12/1412017 jb Chk: Appr:
Rev: 12/1812017 TL; 02/22/2018 jb; 05/08/2018 .113
Maricopa County Public Works - Real Estate Division EXPIRES 12/31/2020
GRANTOR DATE
XFILIIIT "A"
Page 5 of 6
EXHIBIT "A"
NO. BEARING LENGTH
Li N 89 037112" W 157.00 1
L2 N 00030 148" E 65.00' —
L3 S 8903792" E 157.00'
L4 S 89 03653" E 139.00'
L5 S 00°3048" W 65.00'
L6 N 89036153" W 139.00'
MWD 64 Fee Title. Property Not to Scale
h BK 376, PG 317;
MWD157 1 roe Title Property BK 376, PG 318;
BK 376, PG 317; 01<1 1172, PG 413-415;
01<11675, PG 62 MWO 761 Beardsley Canal 01<1 3632, PG 373-376;
Fee Title & ROW • DKT 4739, PG 93-97;
BK 14, PG 35; DKT 9072, PG 253-257;
BK 24, PG 3; DKT 9072 1 PG 258-259;
(01 1 Federal Grant 06629; 9 DKT 9072 1 PG 260-261;
, BK 376, PG 317; co 0 MCR No. 2016-0608789
CZ.1
co 502-28-007
MWD 20' Lateral 13 ROW.
Roadway and Pipeline
Easement BK 14, PG 35;
EXIST R/W BK 24, PG 3 7
11...1 EMEI 16113111911101
1_3
CO
Li L6 889036'53"E 2637.52'
N89 °371 2"W 2646.54' S89 036'53"E 2637.52' --
CAMELBACK ROAD ROB
EXIST R/W
EXIST NM
MWD Lateral 13 Easement
NL and Pipeline
MCR No. 2001-0660513
MWD Well Site 13-21
Fee Title (50')(501) and Well
MWD 76' Beardsley Canal ROW NO0'30`43"E 13K 331, PG 102404
& Canal CAMELpACK GARDEN FARMS
I3K 14, PG 35;
Federal Grant 06629;
BK 241 PG 3;
BK 6841 PG 18
751
EXHIBIT "A"
Parcel No. 502-28-007, -004E
Total Reqld, Roadway EasomentArea: 19,240 square foot or 04417 acres EXPIRES 12131 / 2020
MAR1COPA COUNTY Page 6 of 6
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. TT520 ITEM No, D23426 DATE 12/14/2017 MARICOPA COUNTY R/W AGENT SR.
Parcel No 502-28-958
Camelback Road at Beardsley Canal
Project No. TT520
Item No D23495-4
EXHIBIT "A"
LEGAL DESCRIPTION FOR A SLOPE EASEMENT
Parcel SE:
A portion of the Northeast Quarter of Section 16, Township 2 North, Range 2 West of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:
COMMENCING at a 3 inch Maricopa County brass cap marking the South quarter corner of said
Section 16 from which the Southeast corner of said Section 16 bears South 89 03653" East, a distance
of 2637.52 feet; thence along said section line South 89 036 153" East, a distance of 139.00 feet;
thence departing said section line North 00°30'48" East, a distance of 65,00 feet to a point on the
Northerly right of way line of Camelback Road; said point being the Southwest corner of the replat of
Zanjero Trails Phase 1A and 1B, recorded in Book 1297 of Maps, Page 9, Maricopa County Recorder
and the POINT OF BEGINNING; thence departing said right of way line and along the Westerly line
of Zanjero Trails Phase IA and 1B North 00°30'48" East, a distance of 20.00 feet; thence South
89036 153" East, a distance of 121.77 feet; thence South 00 023'07" West, a distance of 20.00 feet;
thence North 89°3653" West, a distance of 121.82 feet to the POINT OF BEGINNING.
Said parcel contains nn area of 2,436 square feet or 0,0559 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 7/24/2017 TL Chk: Appr:
Rev: EXPIRES 12 131 /2017
Mariwpa County Public Works - Real Estate Division
GRANTOR DATE
EXHIBIT "A"
Page 1 of 1
Not to Seale
LN
SEC
D23495-4
MID 2631.32'
GEHAN HOMES
502-28-004E OF ARIZONA LLC
502-28-958
NOO°30'48"E BEARDSLEY
EXIST R/W Ei L2 L5 311PPRINII L4
502-28-007 EXIST RMI
L1
139.00' LN
\ 889°37'1TE 264904' S 89°36'53L 2637.52'
CAMELBACK ROAD
EXIST R/W
/V.
502-29-353
NO, BEARING LENGTH
Li N 00°3048" E 65.00'
L2 N 00°3048" E 20.00'
L3 S 89°36'53" E 121.77'
L4 S 00°2307" W 20.00'
L5 N 89°56'53" W 12182'
EXPIRES 12 / 3i 12017
Total Req'd. SE Area: 2436 square foot or 0.0559acres
MARICOPA COUNTY
CAMELBACK ROAD AT BEARDSLEY CANAL
PROJECT No. T1520 ITEM No. D23495-4 I DATE 07/25/2017 I MARICOPA COUNTY RAN AGENT G.M.S.
EXHIBIT "B"
Marico a • & Beardsjel_g_ami,
Improvement Project
MWD Existing Facilities & Property Interests
A map of the Road Project locating all of the Existing MWD Facilities
and Existing MWD Property Interests
EXHIBIT "B"
MWD EXISTING FACILITIES & PROPERTY INTERESTS
Existing ROW
AM
11:05:31
\
Sociloraine &
Construction
MWDExhibitB.dgn
SEC 21 Mid Section Line SEC 16
T2N-R2VV T2N-R2VV
3N_Cameklack
520....
_
..:: -..7REARDSLETC4NAL
MWD 75' Beardsley Carp/R.9yr MWD 75' Beardsley Canal
rand ..
Bk 14,-Pg 35; Bk14,.Pg
Ogn\Rclaciwa Federal Grant 06629; Bk 24, PB —
Bk 24, Pg_3; Federal Grant 06629;
,Bic 594, fg.16 mWD ,20'1.,Afpraf 13 Bk-376, Pg 317;_
—Sirfilat 6 -ral Pipeline Bk 584, Pg 18
MarkerL\
CANAL-Benjamin
CROSSING_BEARDSLE
MWD Well Site 13-21
Fee Title (50'x50) and Well
Bk 331, Pg 102404
INCAMELBACK_ROAD
SCALE: Nor:
Existing 24" Private irrigation Pipeline 20 0 20 40
Ca i5inQ!!! 1
RD SCALE IN FEET
Beardsley
MWD12` Lateral 13 Easement and Pipeline BACK
MCR No. 2001-0650513 MAR1COPA COUNTY
at DEPARTMENT OF TRANSPORTATION
ethack CAMEL
CAMELBACK ROAD
MWD 20' Lateral 13 ROW and Pipeline AT BEARDSLEY CANAL
520-Cam Bk1 ,4, Pg 35; Bk 24, Pg 3 PROJECT NO. TT0520
EXHIBIT B: MWD EXISTING FACILITIES SHEET
& PROPERTY INTERESTS 1 OF 1
1 EXHIBIT "C"
2
Marico Camelback Road 8Bearc l
Improvement Project
J MWD Facilities & Property Interests
6 To Be Relocated Or Replaced
7
A map of the Road Project and other documentation describing the location of MWD Facilities and MWD
8
Property Interests to be existing and unaffected, abandoned, removed or modified in place and upgraded,
9
replaced, relocated, or constructed and conveyed by Maricopa County for the Road Project,
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
EXHIBIT "C"
MWD FACILITIES & PROPERTY INTERESTS
TO BE RELOCATED OR REPLACED
Existing ROW
N
80'
31
ANT Drainage Easement Drainage
Easement
11:07:23
SEC 21 Mid Suction Line SEC 16
T2N-R2W T2N-R2VV
--r-
`r-
. . _
1V1WD 75' Beardsley Canal:ROW: 7 . BEARDSLEY CANAL
and Canal
- Bk 14,-Pg 35; MWD 75' Beardsley Canal
-"Fe-deraTGrant 066297-- • -Fee Title and -ROW-
13k24, Pg 3; _Bk 14, pg 35;
Bk 584, Pg 18 Bk 24, Pg
(ROW to Rernein,Porlions =....4 Federal Grant 06629;
of Canal to-be-Replaced)- at.Y1 - 13k.376 ag 317; _
ak 584, Pg 18
Triik (fee Title 8, ROW to Remain.
qm1 ier liar Portions of Canal to be Replaced)
MYVD 20V-aicLal 13_ -J --
Sublateral Pipe line
(Portion to Remain)
New MWD 24" Pipe and Concrete Collar
MWD FMS (To be Removed)
New MWD FCS/FMS MWD ligpelirre
MWD 20' Lateral 13 Sublateraf Pipeline! (re be Relocated)4ff4
(Portion to be Replaced) 20' 11 1 sw2 Fp. s
MWD Well Site 13-21 (ro be Removed)
BE.ARDSL Fee Title (50'x50') and Well I MWD FMS
Bk 331, Pg 102-104 1 IA; (To be Removed)
(Not A Part)
CROSSING New MWD 20' Easement and Pipeline
OAD
New ROW
14 5.3 47'
Existing ROW —1 1!1,13 SCALE: Hot: "1"=20'
20' ; I 13'
24" Private irrigation Pipe - 20 0 20 40
(To be Relocated by Others)
RD Slope Easement SCALE IN FEET
MWD12' Lateral 13 Easement and Pipeline
MCR No. 2001-0650513 12' MAitICOPA COUNTY
(Easement to Remain, CAMELBACK DEPARTMENT OF TRANSPORTATION
Pipe to he Relocated) Existing IOW
CAMELBACK ROAD
MWD 20' Lateral 13 ROW and Pipeline AT I#EARDSLEY CANAL
Bk 14, Pg 35; 13k 24, Pg 3 PROJECT NO. 110520
(Easement to Remain,
Pipe to be Relocated) EXHIBIT C: MWD FACILITIES & PROPERTY SHEET
INTERESTS TO BE RELOCATED OR REPLACED 1 OF 1
I EXHIBIT "D"
2
3 Maricopa County's Camelback Road & Beardsley Canal
4 Improvement Project
5 Cost Estimate
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
%MVO
DATE: December 20, 2018 TRANSMITTAL BY E-MAIL ONLY
TO: Kelly Roy
MCDOT
Email: Kellv.Roy@mail.maricopa.gov
Jessy Emert
MCDOT
Email; Jessy.Emert@mail.maricooa.gov
FROM: Debbie Trasancos
Maricopa Water District
Email: debbietmwdaz.com
CC: Glen Vortherms, Chris Cain, Elizabeth Martinez, Maricopa Water District
RE: MCDOT CAMELBACK ROAD & BEARDSLEY CANAL (TT0520)
MWD BEARDSLEY CANAL AND LATERAL 13 PIPELINE RELOCATIONS
GEORGE CAIRO ENGINEERING / RUMMEL CONSTRUCTION — COST ESTIMATES
CONSTRUCTION OBSERVATION SERVICES & CONSTRUCTION COSTS
Maricopa Water District ("MWD") has reviewed and approved the attached Construction Management Cost
Estimate ("Construction Observation Estimate") of $41,850.00 provided by George Cairo Engineering
("GCE") dated December 18, 2018, for the construction observation of the MWD Beardsley Canal and
Lateral 13 Relocations ("MVVD Facilities") to accommodate MCDOT Camelback Road & Beardsley Canal
Project. MWD has also reviewed and approved the attached Schedule Of Values ("Construction Costs") in
the amount of $1,456,040.23 pertaining to the construction costs of the MWD Facilities for the project
provided by Rummel Construction, Inc.
Additionally, MWD has prepared the attached Summary of Costs dated December 19, 2018 based on the
above referenced Construction Observation Estimate and the Construction Costs for the purposes of
estimating the MWD Administrative Fees for the Construction Observation costs for this project. The Cost
Estimates are being provided for reference and estimation purposes only and should not be used as a final
cost determination.
Pursuant to the Construction Observation Estimate and the Construction Cost, prior to the
commencement of the construction for the aforementioned MIND Facilities, MCDOT must submit
payment in the amount of $1,503,840.00 as listed on the Summary of Costs. The payment must be
made payable to "Maricopa Water District", and shall be used as a draw. MWD shall deduct monthly
expenses for the construction and construction observation phase of the relocations from the draw funds
arid provide a monthly statement to MCDOT showing said deductions, as well as the remaining balance of
the draw. Upon completion of the construction and construction observation, MWD shall refund any
balance remaining in the draw to MCDOT, or invoice MCDOT for any amount due, as applicable.
Thank you for your attention to this matter. If you require any further information, please contact Debbie
Trasancos at (623) 546-8266 or email at debbiet@mwdaz.com .
Attachments (3)
MARICOPA WATER DISTRICT
P.O. Box 900, Waddell, AZ 85355-0900 • (623) 546-8266 • FAX (623) 584-2536
MWD-47
BEARDSLEY CANAL AND LATERAL 13 RELOCATIONS AT
CAMELBACK ROAD (110520) (PHASE I AND PHASE II)
CONSTRUCTION MANAGEMENT COST ESTIMATE
Tuesday, December 18, 2018
CONSTRUCTION
MANAGEMENT
COST
ESTIMATE: CONSTRUCTION MANAGEMENT COST ESTIMATE: $ 41,850.00
SPECIAL NOTES: 1. Please note that the Construction Management Cost Estimate is based on best
available information and assumptions documented herein; costs are determined
from the RUMCO supplied construction schedule dated 11/15/18 with a an
anticipated completion date of April, 1 2019. This estimate is based on the Phase I
construction by RUMCO only. Phase II construction will be performed by MCDOT at
a later date, and is not part of this estimate. Costs may fluctuate to reflect any project
changes, holds, or conflicts.
2. Please contact Tomas Roses our Field Services Project Engineer prior to
construction.
Tomas Roses
Field Services Project Engineer
GEORGE CAIRO ENGINEERING, INC.
Slap ley Center
16305. Stapley Dr., Suite 117
Mesa, AZ 85204
(480) 921-4080
(602) 740-9636 cell
(480) 921-4087 fax
In signing below, MIND is approving and instructing GCE to begin work on the above named project.
Glen Vortherms, General Manager Date
Page 1 of 1
MV\D
BEARDSLEY CANAL AND LATERAL 13 RELOCATIONS
SCHEDULE OF VALUES
Getiaal Conditions
1 MOBILIZATION 1 EA $75,000.00 $75,000.00
2 PROJECT MANAGEMENT 16 WK 53,0451)0 548,720.00
3 SWPPP PLAN / 13MP 1 LS 58,000.00 58,000.00
4 GRAVEL ENTRANCE 1 EA $1,300.00 $1,300.00
5 DUST PERMIT 1 LS $1,060.00 $1,060.110
6 WATER PURCHASE 1 LS 52,715.00 $2,715.00
7 QUALITY CONTROL 1 AL $20,000.00 $20,000.00
8 SURVEY & AS-BUILTS 1 LS $20,000.00 $20,000.00
9 SECURITY (SURVEILLANCE CAMERAS) 4 MO $2,200.00 $8,800.00
10 POTHOLING 1 Al. $24,000.00 $24,000.00
11 TEMPORARY FENCING 4 MO $650.00 $2,600.00
12 SWEEPING 80 IIRS 580.00 56,400.00
13 TRAFFIC CONTROL 1 AL $1,500.00 $1,500.00
14 PROPERTY RENTAL 4 MO $500.00 52,00100
15 MISC CLEANUP GRADING I AL $4,000.00 $4,000.00
General Conditions Subtotal $226,095.00
Derno/Retnoval ...
16 DEMOLISH & REMOVE FMS 2 EA $1,042.00 52,084.00
17 DEMOLISH & REMOVE FCS 1 EA 52,084.00 $2,084.00
18 DEMOL/SH & REMOVE TURNOUT STRUCTURE 1 EA $1,042.00 $1,042.00
19 DEMOLISH & REMOVE CHECK STRUCTURE 1 EA 51,042.00 $1,042.00
20 DEMOLISH & REMOVE EXISTING CANAL LINING 195 LE $30.00 $5,850.00
21 REMOVE & SALVAGE AIR RELEASE VALVE I EA $121.00 $121.00
22 REMOVE & DISPOSE EXISTING 30" RCP 104 LF $27.00 $2,808.00
23 REMOVE & SALVAGE EXISTING MANHOLE COVER 1 EA $242.00 5242.00
24 REMOVE & SALVAGE FMS MESH COVER 2 EA $242.00 $48400
25 REMOVE & SALVAGE PCS MESH COVER 1 FA $242.00 $24100
26 REMOVE & SALVAGE CANAL GATE 4 EA $437.00 $1,748.00
27 REMOVE & SALVAGE WALKWAY 1 EA $437.00 $437.00
28 REMOVE & SALVAGE 8 IN ST1. 218 LF $17.00 $3,706.00
29 REMOVE & DISPOSE 18 114 PVC 91 LF 528.00 52,548.00
30 REMOVE & DISPOSE 24" RCP 89 LF $31.00 $2,759.00
31 REMOVE & SALVAGE EXISTING CFIAINL1NK FENCE 202 LF $9.00 51,818.00
32 CLEAR & GRUB 1 LS 51,740.00 51,740.00
Demo/Removal Subtotal $30,755.00
Box Culvert '.. ' .
33 8 vr w X 6 FT H BOX CULVERT 143 LP 51,126.00 $161,018.00
34 RCBC EXCAVATION 1 LS $2,886.00 $2,886.00
35 RCBC BACKFILL 1 LS 529,530.00 529,530.00
36 INLET TRANsmoN LINING 180 SE $48.00 $8,640.00
37 OUTLET TRANSITION LINING 358 SF $34.00 $12,172.00
38 4 IN DIA SCH 40 PVC DUCT BANK 280 LF $72.00 $20,160.00
39 PRECAST VAULT (24X36X313) 4 EA $6,075.00 $24,300.00
40 TEMPORARY FENCING - 72" CHAIN LINK 145 LF $13.00 $1,885.00
41 HANDRAIL WITH TOEI3OARD 34 LF 585.00 $2,890.00
Box Culvert Subtotal $263,481.00
Cheek Strudittre -, - --
42 CHECK STRUCTURE 1 EA $69,250.00 $69,250.00
43 CHECK STRUCTURE EXCAVATION 1 LS $2,885.00 52,885.00
44 CHECK STRUCTURE BACKFILL 1 LS $4,860.00 $4,860.00
45 OUTLET TRANSITION LINING 160 SF $50.00 $8,000.00
46 6 Fr W X 4 FT H SLIDE GATE (FRESNO) 2 EA $31,817.00 $63,634.00
47 CHAIN RAIL 10 LF $85.00 mom
48 HANDRAIL WITH TOEBOARD 72 LF $85.00 $6,120.00
49 HANDRAII, GATE 2 EA $495.00 $990,00
Check Structure Subtotal $156,589.00
Lateral 13
50 TURNOUT STRUCTURE EA $19,325.00 $19,325.00
51 TURNOUT STRUCTURE EXCAVATION LS $720.00 $720.00
52 TURNOUT STRUCTURE BACKFILL 1 LS $2,220.00 $2,220.00
53 30" 1)1A CLASS V RGRCP 27 LF $373.00 $10,071.00
54 24" DIA CLASS V RGRCP 124 LB $221.00 $27,404.00
55 FLOW CONTROL STRUCTURE 1 EA $69,990.00 $69,990.00
56 FLOW CONTROL STRUCTURE EXCAVATION 1 LS $3,605.00 $3,605.00
57 FLOW CONTROL STRUCTURE BACKFILL 1 LS $24,175.00 $24,175.00
58 5-SIDED MANHOLE 2 EA $33,325.00 $66,650.00
59 F&I 24 IN CANAL GATE W/ SIDE CRANK OPERATOR 2 EA $5,655.00 $11,310.00
60 E&I 24 IN CANAL GATE W/ WHEEL 1 EA $3,770.00 $3,770.00
61 F&I 30 IN CANAL GATE W/ WHEEL 1 EA $5,325.00 $5,325.00
62 30" SUPPRESSED WEIR GAUGE (DTL 169) 1 EA $3,357.00 53,357.00
63 STAFF GAUGE EXTENSION (DTL 357) 1 EA $3,357.00 $3,357.00
64 CHAIN RAIL 6 LB $85.00 $510.00
Lateral 13 Subtotal $251,789.00
65 24" DIA c910 PVC 91 LB $226.00 $20,566.00
66 FLEXIBLE COUPLING EA $1,215.00 $1,215.00
Turnout 13-02 Subtotal $21,781.00
Wc1113-21 Pipeline •
67 8 IN DIA DUCTILE IRON PIPE, CLASS 350 145 LF $284.00 $41,180.00
68 8 Itg M.] DUCTILE IRON TEE W/ JOINT RESTRAINT 1 EA $750.00 $750.00
69 13 IN PROPELLER FLOW METER 1 EA $6,400.00 $6,400.00
70 12 IN W X 12 IN II X 8 IN THICK, PIPE SUPPORT BLOCK 4 EA $1,800.00 $7,200.00
71 3 IN MALE ADAPTER AND NEW 3 IN AIR VENT 2 EA $3,400.00 $6,800.00
72 PIPE BOLLARD 4 EA $495.00 $1,980.00
73 BUTTERFLY VALVE 2 EA $2,850.00 $5,700.00
74 72 IN CHAIN LINK FENCE 152 $18.00 $2,736.00
75 20 FT CHAINLINK ROLLING GATES 2 EA $4,882.00 $9,764.00
Well 13.21 Pipeline Subtotal $82,510.00
Turnout
76 24" DIA CLASS V RGRCP 48 LF $162.00 57,776.00
77 FLOW MEASUREMENT STRUCTURE 1 EA $30,500.00 $30,500.00
78 FMS EXCAVATION 1 LS $1,445.00 $1,445.00
79 FMS BACKEILL LS $5,190.00 $5,190.00
80 ENAMELED 30" CONTRACTED WEIR GAUGE (DTL 170) 1 EA $1,357.00 $1,357.00
Turnout 13-01 Subtotal $46,268.00
CciiistructiOn Bypass _
81 12 IN HOPE PIPE 150 LF $71.00 $10,650.00
82 24 IN DR-17 HDPE PIPE, S=0.001 270 LB $114.00 $30,780.00
83 COFFERDAM W/ 1.5 IN CONCRETE LINING ON UPSTREAM FA 2 EA $3,980.00 $7,960.00
84 CONCRETE LINING BOWL TRANSITION, 1.5 IN WIN THICKN 100 SF $35.00 $3,500.00
85 CONCRETE LINING TRANSITION, 1.5 IN MIN THICKNESS 250 SF $17.00 $4,250.00
86 12 lig CANAL GATE EA 53,130.00 $3,130.00
87 24 IN CANAL GATE EA $3,795.00 $3,795.00
88 ABANDON BYPASS PIPE 371 LB $6.00 $2,226.00
89 RESTORE CANAL TO ORIGINAL CONDITIONS 1 AL $17,600.00 $17,600.00
Construction Bypass Subtotal $83,89L00
Subtotal $1,163,159.00
Contingency @ 5% $58,157.95
Insurace @ 1% $12,213.17
Overhead & Profit C) 12% $141,044.66
Bond ® 1.5% $21,840.60
Sales Tax @ 4.095% $59,624.85
TOTAL $1,456,040.23
I% MD
MARICOPA WATER DISTRICT
MCDOT - Camelback Road At Beardsley Canal
MWD Beardsley Canal and MWD Lateral 13 Relocations
Construction and Construction Observation Cost Estimates
Summary of Costs
December 19, 2018
Construction Observation Services Cost Estimate
Item Description Cost
1 Constrution Costs by Rummel Construction 1,456,040
2 Construction Observation/Management by GCE 41,850
3 MWD Administrative Costs for Construction Observation 5,950
Sub-Total Construction 1,503,840
Total Cost Estimate $ 1,503,840
SPECIAL NOTES:
Please note that this estimate is based on best available information, and assumptions documented
1 herein; costs may fluctuate to reflect any project changes, holds, or conflicts.
2 This estimate is valid for 90 days from the date listed above.
EXHIBIT "E"
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3 Maricopa County's Camel back Road & Beardsley Canal
4 Improvement Project
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MWD Easement — Form Of Conveyance Instrument
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WHEN RECORDED MAIL TO:
Exhibit "E"
Maricopa Water District
P.O. Box 900
Waddell, AZ 85355-0900
EASEMENT
COMPANY NAME, a (Insert Legal Structure), hereinafter "Grantor" for and
in consideration of the agreements contained herein, does hereby grant IVIARICOPA
COUNTY MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, a political
subdivision of the State of Arizona, hereinafter "Grantee" a permanent, exclusive
easement, free and clear of any liens and encumbrances, along with a right of ingress and
egress, to enter upon and use the lands, more particularly described on Exhibit "A"
attached hereto (the "Easement Parcel").
1. Grantee shall at all times have a prior and superior right of access to and use
of the Easement Parcel to accomplish all of Grantee's purposes, including, but not limited
to the transmission and distribution of water, wastewater, power and communications, and
to construct, reconstruct, operate and maintain Grantee's existing and any future facilities,
including, but not limited to, water, wastewater, electrical and communication facilities
located within the Easement Parcel.
2. Grantor reserves the right to construct, reconstruct, operate, maintain, repair
and replace (.. ") and other improvements agreed to in
writing by Grantee ("Other Improvements") within the Easement Parcel, subject to
Grantee's rights herein granted. The design for the and all Other
Improvements shall be subject to Grantee's review and approval and shall not impede nor
limit Grantee's use of or full vehicular access to and over the Easement Parcel. Grantor
shall be responsible for all costs and expenses associated with and all
Other Improvements, including, but not limited to, any costs or expenses necessary for the
repair or replacement of and all Other Improvements that are damaged or
destroyed by Grantee, its employees, contractors or agents, who are accessing and/or
using the Easement Parcel to accomplish any of Grantee's purposes, or that require repair
or replacement for any other reason.
3. Grantor shall indemnify and hold harmless Grantee from any and all liability,
cost, expense or damages resulting from Grantor's exercise of rights reserved herein for
Grantor.
4. Except as provided in Paragraph 2 hereof, Grantee shall indemnify and hold
harmless Grantor from any and all liability, cost, expense or damages resulting from
Grantee's use of the easement herein granted.
5. Grantor may, at Grantor's expense and subject to Grantee's prior written
approval, relocate, modify, upgrade, replace or reconstruct Grantee's existing or future
facilities and property interests. Grantor shall reimburse Grantee for all costs and
expenses incurred by Grantee to remove, relocate, modify, upgrade, replace or reconstruct
Grantee's existing or future facilities or existing or future property interests to accommodate
Grantor's rights reserved herein for a and all Other improvements agreed
to in writing by Grantee.
B. Any notice hereunder to be given by Grantor to Grantee shall be in writing
and shall be given by personal delivery, overnight courier service, telefacsimile or United
States certified or registered mail, return receipt requested, postage prepaid, to Maricopa
Water District, P.O. Box 900, Waddell, Arizona 85355-0900, Attention; Property and
Contracts Supervisor, Telefacsimile Number 623/584-2436, Any notice to be given
hereunder by Grantee to Grantor shall be in writing and shall be given by personal delivery,
overnight courier service, telefacsimile or United States certified or registered mail, return
receipt requested, postage prepaid, to (insert Company Name — Remove Bold!, f insert
Address), Attention: , Telefacsimile Number Either party may designate by written
notice, a new address to which any such notice shall thereafter be so addressed and
mailed,
7. Each of the easements, covenants, conditions, restrictions, rights and
obligations set forth herein runs with the land and creates equitable servitudes in favor of
the Grantee and its successors and assigns, binds every person having any fee, leasehold
or other interest therein and inures to the benefit of the respective parties and their
successors, assignees, heirs and personal representatives.
0. Any subsequent owner of the Easement Parcel or any portion thereof, by
acceptance of a deed conveying title thereto or the execution of a contract for the purpose
thereof, whether from the original Grantor or from a subsequent owner of such Easement
Parcel, or any portion thereof, accepts such deed or contract upon and subject to each and
all of the easements, covenants, conditions, restrictions and obligations contained herein,
and assumes the obligations of Grantor hereunder. By such acceptance and assumption,
any such subsequent owner for himself and his successors, assignees, heirs and personal
representatives, covenants, consents and agrees to keep, observe, comply with, and
perform the obligations and agreements of Grantor set forth herein with respect to the real
property so acquired by such subsequent owner.
9. Each provision of this Easement in the application thereof to the Easement
Parcel and hereby declared to be independent and severable from the remainder of this
Easement, If any provision contained herein is held to be invalid or to be unenforceable or
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not to run with the land, such holding does not affect the validity or enforceability of the
remainder of this Easement.
10. Time is of the essence of this Easement,
IL This Easement contains a complete understanding and agreement of the
parties hereto with respect to all matters referred to herein, and all prior representations,
negotiations, and understandings are superseded hereby. Exhibits attached hereto are
incorporated herein by this reference.
12. The laws of the State of Arizona govern the interpretation, validity,
performance and enforcement of this Easement,
IN WITNESS WHEREOF, the parties have executed this easement this
day of
ATTEST: MARICOPA COUNTY MUNICIPAL
WATER CONSERVATION DISTRICT
NUMBER ONE, a political subdivision of
the State of Arizona
By: By;
Glen Vortherms Christine Cain
Its: Assistant Secretary Its: Property and Contracts Supervisor
ATTEST: COMPANY NAME, a (Legal Structure)
By: By:
Its: Its:
- 3 -
ACKNOWLEDGMENT
STATE OF ARIZONA )
) ss:
County of Maricopa
On this day of „ before me the undersigned
Notary Public personally appeared Christine Cain and Glen Vortherrns known to me
to be the Property and Contracts Supervisor and Assistant Secretary of
MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE,
a political subdivision of the State of Arizona, and they, being duly authorized so to do,
executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this day of , before me the undersigned Notary
Public personally appeared and known
to me to be the and
of COMPANY NAME, a (Legal Structure), and they, being duly authorized so to do,
executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
Deed 003-Rev0415.13
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1
2 EXHIBIT "F"
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4 Maricopa County's Came'back Road & Beardsley Canal
5 Improvement Project
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Maricopa County Roadway Easement — Form of Conveyance
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Instrument
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The attached Maricopa County Roadway Crossing Construction And Access Easement conveyance
1 1 instrument is intended to represent the substantial form of the conveyance instrument used for the
12 Marloops County Roadway Easement.
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WHEN RECORDED MAIL TO:
EXHIBIT "F"
Maricopa Water District
P.O. Box 900
Waddell, AZ 85355-0900
ROADWAY CROSSING CONSTRUCTION AND ACCESS EASEMENT
This Roadway Crossing Construction And Access Easement (the "Easement") is
executed to be effective as of the day of , 2017, by MARICOPA
COUNTY, a political subdivision of the State of Arizona (the "Grantee"), and MARICOPA
COUNTY MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, an irrigation and
water conservation ,district, a municipal corporation and a political subdivision of the State of
Arizona ("MWD" and 'Grantor"). Grantee and MWD are sometimes each referred to in this
Easement as a "Party" and collectively as the "Parties."
RECITALS
A. MWD is the owner of a federal right-of-way in the real property legally described
on Exhibit A attached hereto and incorporated herein by this reference (the "Easement
Property"). Such Easement Property currently contains, and will continue to contain, a portion
of MWD's canal, maintenance road and other facilities.
B. Pursuant to an Agreement for Relocation of MWD Facilities and Property
Interests between Maricopa County and MWD dated , 2017 (the
"Relocation Agreement"), certain MWD facilities and properties will be relocated to
accommodate Grantee's Camelback Road at Beardsley Canal Improvement Project (the "Road
Project").
C. The MWD facilities that are impacted by the Road Project generally include, but
are not limited to: (1) the Beardsley Canal box culvert and wing walls, excluding Grantee's
roadway pavement section (the "Roadway") that extends over the box culvert located at the
intersection of Camelback Road and the Beardsley Canal ("MWD Box Culvert"); (2) a portion of
Lateral 13 facilities located along the south side of Camelback Road; (3) a portion of Lateral 13
Sublateral facilities located within the Beardsley Canal Right-of-Way; and (4) the Well 13-21
facilities located in the Southeast corner of Camelback Road and the Beardsley Canal.
D. Upon completion of the MWD Box Culvert and related structures, Grantee will
construct the Roadway on top of the MWD Box Culvert (collectively, the "Crossing
Improvements"). The Roadway will be utilized as a public roadway crossing (the "Public
Roadway Crossing").
E. Grantee and MWD desire to provide for an easement upon the Easement
Property in favor of Grantee for the public purposes of constructing, operating, maintaining,
replacing and repairing the Roadway, for constructing, maintaining, and repairing the MWD Box
Culvert to the extent required in support of the Roadway, and, once constructed, an easement
for the Public Roadway Crossing over the portions of the Easement Property that have been
improved by the Crossing Improvements.
AGREEMENTS
Now, therefore, in consideration of the foregoing and in consideration of the following
mutual covenants and obligations and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Grant of Easement. Subject to the terms and conditions hereof, MWD hereby grants to
Grantee, the following easements upon the Easement Property; a perpetual easement for (a)
the construction, installation, repair, reconstruction, modification, reinstallation, replacement
("Construction") and the operation, maintenance and use of the Roadway for Public Roadway
Crossing and associated purposes, such as operation, maintenance, repair, reconstruction,
improvements and placement of traffic signals and street light conduits; (b) the initial
construction of the MWD Box Culvert; (c) the inspection of the MWD Box Culvert; and (d) the
future Construction and maintenance of the MWD Box Culvert to the extent that such
Construction and maintenance is required in support of the Roadway. MWD will be responsible
for the MWD Box Culvert for MWD purposes. The easement hereby granted shall include the
right to grant to others the right to use of the Easement Property for the installation and
maintenance of sewer, water, electric, communications, fiber optics and other utility facilities,
provided that Grantee's right to grant such third party uses shall not derogate from or exclude
MWD's right to also require MWD licensing of such third party uses of the Easement Property
other than the Roadway.
2. Nonexclusive Easement. Exclusive use of the Easement Property is not hereby
granted. MVVD reserves: (a) a prior and superior right of access and use of the Easement
Property to accomplish all of MWD's purposes, and except as provided in this Easement,
nothing in this Easement shall be construed to deny or lessen the powers and privileges granted
MWD by the laws of the State of Arizona; (b) the right to grant to others the right to use the
Easement Property, but not the Roadway, in common with MWD, Grantee and others entitled to
the use thereof; (c) the right to use the Easement Property, but not the Roadway (and to grant
to others the right to use the Easement Property but not the Roadway) for any surface or
subsurface use that does not unreasonably interfere with Grantee's use of the Easement
Property for Public Roadway Crossing purposes including, but not limited to, the installation and
maintenance of sewer, water, electric, communications, fiber optics and other utility facilities;
provided that no such use shall substantially interfere with, substantially reduce or substantially
curtail the grants in Section 1, above, or impede safe travel for public traffic across the
Roadway. In exercising any rights reserved under this paragraph 2, MWD shall use reasonable
efforts to avoid interfering with Grantee's use of the Easement Property for Public Roadway
Crossing purposes, and in any event: (i) the rights reserved to MWD shall not include any right
to disturb, impair or undermine the Roadway, (ii) MVVD shall minimize, to the extent reasonably
possible, any impact on vehicular traffic over the Roadway, and (iii) before exercising any rights
having an impact on vehicular traffic over the Roadway, MWD shall coordinate with Grantee so
as to minimize such impact as much as reasonably possible.
3. Construction and Maintenance of Crossing Improvements,
3.1. The Roadway will be owned by Grantee. The MWD Box Culvert will be owned
by MWD,
3.2. The initial design and construction of the Crossing Improvements are subject to
the Relocation Agreement. The future design and Construction of the Crossing Improvements
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are subject to MWD's review and written approval which will not be unreasonably withheld and
which will be done in accordance with MWD's normal practices and payment of fees in
accordance with MWD's payment schedule prior to the commencement of Construction of the
Crossing Improvements, MWD's approval of the design does not constitute a determination that
such design and Construction are adequate for the intended purpose or complies with
applicable laws or industry standards.
The operation, maintenance and use of the Roadway, the initial construction of
the MVVD Box Culvert, and any future Construction and maintenance of the MWD Box Culvert
as required in support of the Roadway shall be conducted in a manner reasonably calculated to
minimize any interference with MWD'5 use of MWO's existing or future water, power,
communications or other facilities on or adjacent to the Easement Property for MVVD's purposes
within the Beardsley Canal corridor. The Construction of the Roadway shall be scheduled and
coordinated with MWD Operations Department and the contractors, agents and engineers as
provided under 3.9 of this Easement and Grantee.
3.4. Grantee shall ensure that qualified parties are contracted with to perform the
Construction work and that there will not be any Construction or installation of any
improvements or fixtures, other than those in the design approved by MWD, within or upon the
Easement Property. The Roadway and/or any modifications to the Easement Property shall be
constructed, completed, operated and maintained according to the specifications, standards,
and engineering practices regularly applied by the Grantee. If the law as it pertains to the
standard of care or safety requirements requires changes or upgrades to the manner of
operation or the condition of MVVD facilities solely due to the construction and operation of the
Roadway, such change or upgrade shall be accomplished by MIND at Grantee's sole cost and
expense, provided said costs and expenses are reasonable.
3,5, It is understood and agreed by MIND and Grantee that the initial Crossing
Improvements do not meet MWD's current policy for a bridged crossing and that MWD has
agreed to waive this requirement initially because of special circumstances. However, in the
event Grantee makes any future improvements to the Roadway, to modify, widen, replace or
otherwise enhance the Roadway to accommodate development, to provide for additional traffic
loads or other reasons, Grantee will replace the Crossing Improvements with a new roadway
(the "New Roadway") and new MWD facilities ("New MWD Facilities") (collectively, the "New
Crossing Improvements"), in accordance with MVVD's then current policies, standards and
specifications. Upon such replacement, for the purposes of this Agreement the term Roadway
as used herein shall mean the New Roadway, the term MWD Box Culvert as used herein shall
mean the New MWD Facilities, and the term Crossing Improvements used herein shall mean
the New Crossing Improvements.
3.6. The Easement Property shall be restored to a condition reasonably acceptable to
MWD and all debris shall be removed immediately following the completion of the Construction
of the Crossing Improvements.
3.7. Upon request of MWD the Grantee shall ensure that "as-built" drawings of the
Crossing Improvements with specific locations and dimensions are submitted to MWD.
3.8. If any repair, relocation or reconstruction of MVVD's water, power, communication
or other facilities directly related to MWD purposes is deemed reasonably necessary by MVVD
because of the Construction, such repair, relocation or reconstruction shall be accomplished by
MWD, at Grantee's sole cost and expense, provided said costs and expenses are reasonable.
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If any repair, relocation or reconstruction of MWD's water, power, communication or other
facilities directly related to MWD purposes is deemed reasonably necessary by MWD and is
caused by the operation, maintenance or use of the Roadway, such repair, relocation or
reconstruction shall be accomplished by MWD, at Grantee's sole cost and expense. Prior to
MWD engaging in such repair, relocation or reconstruction, MVVD shall inform Grantee of such
repair, relocation or reconstruction and allow Grantee a reasonable opportunity to suggest an
alternative to such repair, relocation or reconstruction. If such suggested alternative
accomplishes the purposes of the proposed repair, relocation or reconstruction in a reasonably
comparable manner, and Grantee agrees to pay any additional cost of such alternative (if
applicable), MVVD will consider, in good faith, whether to accept such suggested alternative.
MWD does not contemplate at the current time repair, relocation or reconstruction of MWD's
water, power communication or other facilities.
3.9. Grantee may delegate the Construction of the Crossing Improvements to such
contractors, agents and engineers, subject to the terms and conditions of this Easement, as
Grantee may see fit.
3.10_ Grantee, shall be responsible for any reasonable and necessary costs and
expenses associated with the Crossing Improvements including, but not limited to, any costs or
expenses necessary for the repair, modification or replacement of the Crossing Improvements
(a) that are damaged or destroyed by MWD, its employees, contractors or agents, who are
accessing and/or using the Easement Property for MWD's purposes and not for the purposes of
any licensees, permittees or easement holders from MVVD after the date of this Easement and
within the scope of the rights reserved herein, or (b) to accomplish any of Grantee's purposes.
However, Grantee shall not be responsible for any costs and expenses associated with the
negligent or willful acts and misconduct of MWD, its employees, contractors or agents.
4. Storage and Use of Regulated Products. Grantee shall ensure that there is no
storage or use of any hazardous materials, fuels or other petroleum products, chemicals,
herbicides, pesticides, fertilizers, paint or any other such regulated products on the Easement
Property without the prior written approval of MWD. In the event of a spill on the Easement
Property of any authorized or unauthorized materials or products by reason of or related to the
exercise of the privileges herein granted to Grantee, Grantee shall immediately notify MWD and
shall be responsible for the remediation of such spill and any costs associated therewith. Any
remediation shall be performed in a timely manner in accordance with a plan approved by the
appropriate governmental authority and reasonably acceptable to MVVD,
6. Indemnification. Each party (as "indemnitor) agrees to indemnify, defend and
hold harmless the other party (as "indemnitee") from and against any and all claims, losses,
liability, costs or expenses (including reasonable attorney's fees) (hereinafter referred to as
"claims") arising out of bodily injury to any person (including death) or property damage, but only
to the extent that such claims are caused by the act, omission, negligence, misconduct or other
fault of the indemnitor, its officers, agents, employees or volunteers.
6. Incorporation of Recitals and Exhibits. The recitals set forth above, and all
referenced exhibits, are expressly incorporated in this Easement by this reference.
7. Assignment. All provisions of this Easement shall be binding upon the
successors and assigns of the Parties. Upon annexation of the Easement Property by a
municipality, the annexing municipality shall become the Grantee for all purposes under this
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Easement and Maricopa County shall be relived of its duties and obligations under this
Easement.
8. Service of Notice. All notices and demands required or permitted by this
Easement shall be in writing and shall be deemed to have been given properly when (i) sent by
certified mail (postage fully prepaid) or delivered personally or by overnight courier to the
respective address below or to such other address as may be furnished in writing by any Party
to the other Parties pursuant to this Subsection 8; or (ii) transmitted by facsimile to the
respective facsimile number below or to such other facsimile number as may be furnished in
writing by any Party to the other Parties pursuant to this Subsection 8, and the appropriate
conformation is received. All notices and demands shall be deemed effective upon delivery, if
delivered personally or by overnight courier, or if transmitted by facsimile; or twenty-four (24)
hours after deposit in the U.S. Mail, if by certified mail,
Notices to 1111WD Notices to Grantee
Attn: Property & Contracts Supervisor Maricopa County
Maricopa Water District
P.O. Box 900 2801 W. Durango Street.
Waddell, AZ 85355-0900 Phoenix, AZ 85009
Facsimile No. (623) 584-2536 Facsimile No. 602-506-4161
Telephone No. (623) 546-8266 Telephone No. 602-606-4706
9, Waiver. No waiver by any Party of any breach of any of the covenants or
conditions of this Easement which are to be performed by the breaching Party shall be
construed as a waiver of any succeeding breach of the same or any other covenant or
condition.
10. Attorneys' Fees Upon Default. If MWD or Grantee defaults in the timely
performance of its obligations under this Easement, the Party not in default shall be entitled to
recover court costs and reasonable attorneys' fees, as determined by a court, in any suit or
proceeding to enforce its rights under this Easement. The foregoing shall not in any way limit or
restrict any right or remedy at law or equity which would otherwise be available to such Party in
default.
11. Entire Easement; Chanues After Execution. This Easement, including its
specified addenda and exhibits, if any, constitutes the entire agreement between the Parties,
and any amendment thereto must be in writing, signed by both Parties.
12, Water Damage. MWD shall not be liable for any loss sustained by Grantee, its
officers, employees, agents, assigns or invitees on the Easement Property or to the Roadway
because of water damage from any source whatsoever including, but not limited to, flood,
drainage or run-off, irrespective of any prior knowledge by MWD of the possibility of such flood,
drainage or run-off, or any act, omission or negligence of MWD, its directors, officers,
employees, contractors or agents, but excluding any negligent act or omission of MWD, its
directors, officers, employees, contractors or agents relating to the normal, day-to-day operation
or maintenance of any canal or other work.
13. Remedies. In the event of a breach or default under this Easement, the non-
defaulting party may pursue all rights and remedies available at law or equity, including without
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limitation, specific performance; however, in no event shall the right of rescission of this
Easement be available as a remedy, and in no event shall the grants hereunder be terminated.
In witness whereof, the Parties have executed this Easement effective as of the date first
set forth above.
MARICOPA COUNTY MUNICIPAL WATER MARICOPA COUNTY, a political subdivision
CONSERVATION DISTRICT NUMBER ONE, of the State of Arizona
an irrigation and water conservation district, a
municipal corporation and a political
subdivision of the State of Arizona
By: By:
Christine Cain Jennifer Toth
Its: Property & Contracts Supervisor Its: District Engineer
ATTEST:
By:
Glen Vortherms
Its: Assistant Secretary
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ACKNOWLEDGMENT
STATE OF ARIZONA
) ss:
County of ftliaricopa
On this day of , 2017, before me, the undersigned Notary
Public, personally appeared Christine Cain and Glen Vortherms, and, known to me to be the
Property and Contracts Supervisor and Assistant Secretary of MARICOPA COUNTY
MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, an irrigation and water
conservation district, a municipal corporation and a political subdivision of the State of Arizona,
and they, being duly authorized so to do, executed the foregoing instrument for the purposes
therein contained.
In witness whereof, I have hereunto set my hand and official sea
NOTARY PUBLIC
My Commission Expires:
STATE OF ARIZONA
) as:
County of Maricopa
On this day of , 2017, before me, the undersigned Notary
Public, personally appeared Jennifer Toth, known to me to be the District Engineer of
MARICOPA COUNTY, a political subdivision of the State of Arizona, and he, being duly
authorized so to do, executed the foregoing instrument for the purposes therein contained.
In witness whereof, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires: