EASEMENT TO MWD-NORTHERN PARKWAY.PDF
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WHEN RECORDED MAIL TO:
Maricopa Water District
P.O. Box 900
Waddell, AZ 85355-0900
EASEMENT
MARICOPA COUNTY, a political subdivision of the State of Arizona, hereinafter
"Grantor" for and in consideration of the agreements contained herein, does hereby grant
MARICOPA 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 a roadway ("Roadway") 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 Roadway 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
Roadway and all Other Improvements, including, but not limited to, any costs or expenses
necessary for the repair or replacement of Roadway 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 Roadway and all Other Improvements agreed to in writing by Grantee.
6. 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 6231584-2436. 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
Maricopa County, 2801 West Durango Street, Phoenix, Arizona 85009, Attention: Steve Chucri,
Telefacsimile Number 602/506-4161. 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.
8. 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 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.
11. 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.
2
IN WITNESS WHEREOF, the parties have executed this easement this day of
, 2018.
MARICOPA COUNTY MUNICIPAL WATER
ATTEST: CONSERVATION DISTRICT NUMBER
ONE, a political subdivision of the State of
Arizona
By: By:
Glen Vortherms Christine Cain
Its: Assistant Secretary Its: Property & Contracts Supervisor
ACKNOWLEDGMENT
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this day of , 2018, before me the undersigned Notary
Public personally appeared Christine Cain and Glen Vortherms 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.
1N WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
3
RECOMMENDED FOR APPROVAL:
Right-of-way Agent Real Property Manager
ACCEPTED AND APPROVED
MARICOPA COUNTY BOARD OF SUPERVISORS
BY
Chairman of the Board Date
Before me, , Notary Public in and for said County, State
of Arizona, on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing instrument as
Chairman of the Board of the Political Subdivision described in the foregoing instrument, and
such he acknowledged to me that he executed the same for said Board, for the purpose an4 •
consideration therein expressed, as its free act and deed and by each of them voluntary execute
Given under my hand and seal of the office this day of , 2018
My Commission Expires
Notary Public (signature)
Approved as to form and within the powers
and authority of the Board of Supervisors
Deputy County Attorney Date
EXHIBIT "A"
Page 1 of 8
EXHIBIT "A"
MARICOPA WATER DISTRICT EASEMENT
MCDOT NORTHERN PARKWAY
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION RIGHT OF WAY — PARCEL NUMBER ONE
(LATERAL 9 SUBLATERAL G — PART 1 OF 3)
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 WEST OF
THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 31, BEING A FOUND REBAR;
THENCE, UPON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31, SOUTH 89°02'09"
EAST, A DISTANCE OF 33.00 FEET TO A LINE PARALLEL TO AND 33.00 FEET EAST OF THE WEST LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 31;
THENCE, UPON SAID LINE, SOUTH 00 01609" WEST, A DISTANCE OF 1977.04 FEET, TO THE POINT OF
BEGINNING (POB);
THENCE, SOUTH 89 04351" EAST, A DISTANCE OF 57.00 FEET TO A LINE PARALLEL TO AND 90.00 FEET
EAST OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 31;
THENCE, UPON SAID LINE, SOUTH 00°16'09" WEST, A DISTANCE OF 247.93 FEET;
THENCE, SOUTH 89°43'51" EAST, A DISTANCE OF 20.00 FEET TO A LINE PARALLEL TO AND 110.00 FEET
EAST OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 31;
THENCE, UPON SAID LINE, SOUTH 00°16'09" WEST, A DISTANCE OF 65.50 FEET;
THENCE, NORTH 88°18'05" WEST, A DISTANCE OF 4.62 FEET;
THENCE, NORTH 44°43'51" WEST, A DISTANCE OF 35.90 FEET, TO A LINE PARALLEL TO AND 80.00 FEET
EAST OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 31 AND A POINT WHICH LIES
NORTH 12°17'26" EAST, A DISTANCE OF 384.10 FEET FROM THE WEST QUARTER CORNER OF SAID
SECTION 31, BEING A FOUND ALUMINUM CAP;
THENCE, UPON SAID LINE, NORTH 00°16'09" EAST, A DISTANCE OF 267.93 FEET;
THENCE, NORTH 89°43'51" WEST, A DISTANCE OF 47.00 FEET TO A LINE PARALLEL TO AND 33.00 FEET
EAST OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 31;
THENCE, UPON SAID LINE, NORTH 00°16'09" EAST, A DISTANCE OF 20.00 FEET, TO THE POINT OF
BEGINNING (POB).
1 OF 3
EXHIBIT "A"
Page 2 of 8
CONTAINING A TOTAL OF 5058 SQUARE FEET (0.12 ACRES), MORE OR LESS.
NOTE: ALL SECTION LINE DATA IS REFERENCED FROM MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION, NORTHERN PARKWAY SARIVAL AVENUE TO DYSART ROAD PROJECT NO. TT195,
FINAL PLANS AS OF 06-10-2011 AS REFERENCED ON SHEET GC01.
PREPARED BY:
DAVID A. RHINE, RLS
GEORGE CAIRO ENGINEERING, INC.
1630 S. STAPLEY DRIVE, SUITE 117
MESA, ARIZONA 85204
480-921-4080
480-921-4087 FAX
www.cfcairoinc.com
EXPIRES 03-31-2019
2 OF 3
EXHIBIT "A"
Page 3 of 8
FD REBAR OLIVE AVENUE ED AC FLUSH
NW COR S89°02'09"E N 1/4 COR
SEC 31, T3N, R1W 2240.58'(R) SEC 31, T3N, R1W
889°02'09"E
33.00' -
I POB — 5000 16 109"W S89°43'51"E
N00°16 109"E 1977.04' 57.00' 0 . 20* 40'
20.00' -Th
33.00'
N89°43'51"W
47.00'
80.00'
889°43'51"E
90.00' 20,00'
5058 SQ FT ±
0.12 ACRES ±
110.00'
500°16'09"W
4.96; 5C? 65.50'
947\ N88°18'05"W
noe:
4.62'
REFERENCES:
(R) MARICOPA COUNTY DEPARTMENT
OF TRANSPORTATION, NORTHERN
FD AC FLUSH PARKWAY SARIVAL AVENUE TO
W 1/4 COR DYSART ROAD, PROJECT NO, TT195,
SEC 31, T3N, R1W FINAL PLANS AS OF 06-10-2011 AS
EXPIRES: 3/31/2019 REFERENCED ON SHEET NO. GC01.
PREPARED BY: DAVID A. RHINE, RLS DATE: 08102/20181JOB NO: MWD 39 MAR1COPA WATER DISTRICT EASEMENT
MCDOT NORTHERN PARKWAY
M IAD MARICOPA COUNTY DEPARTMENT OF
GEORGE CAIRO ENGINEERING, INC. MARICOPA WATER DISTRICT TRANSPORTATION RIGHT OF WAY -
1630$. STAPLEY STAPLEY CENTER DR., SUITE 117 14825 WEST GRAND AVENUE PARCEL NUMBER ONE
(460) 921 -4080 MESA, ARIZONA www. 85204 gcalroInc.com SURPRISE, (623) 546 AZ - 8266 85374 LATERAL 9 SUBLATERAL G - PART 1 0F3 r37P7
EXHIBIT "A"
Page 4 of 8
EXHIBIT "A"
MARICOPA WATER DISTRICT EASEMENT
MCDOT NORTHERN PARKWAY
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION RIGHT OF WAY — PARCEL NUMBER TWO
(LATERAL 9 SUBLATERAL G — PART 2 OF 3)
THAT PORTION OF THE WEST HALF OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE GILA
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 31, BEING A FOUND REBAR;
THENCE, UPON THE NORTH LINE OF SAID SECTION 31, SOUTH 89°02'09" EAST, A DISTANCE OF 70.01 FEET
TO A LINE PARALLEL TO AND 70.00 FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31;
THENCE, UPON SAID LINE, SOUTH 00°16'09" WEST, A DISTANCE OF 1996.59 FEET, TO THE POINT OF
BEGINNING (POB);
THENCE, SOUTH 89°43'51" EAST, A DISTANCE OF 10.00 FEET TO A LINE PARALLEL TO AND 80.00 FEET
EAST OF THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 31;
THENCE, UPON SAID LINE, SOUTH 00°16'09" WEST, A DISTANCE OF 267.93 FEET;
THENCE, SOUTH 44°43'51" EAST, A DISTANCE OF 14.44 FEET;
THENCE, SOUTH 00°53'54" EAST, A DISTANCE OF 718.53 FEET;
THENCE, SOUTH 42°47'29" WEST, A DISTANCE OF 14.47 FEET TO A LINE PARALLEL TO AND 95.00 FEET
EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31;
THENCE, UPON SAID LINE, SOUTH 00'15'32" WEST, A DISTANCE OF 40.00 FEET;
THENCE, NORTH 89°44'28" WEST, A DISTANCE OF 10.00 FEET, TO A LINE PARALLEL TO AND 85.00 FEET
EAST OF SAID SOUTHWEST QUARTER OF SECTION 31 AND A POINT THAT LIES NORTH 02°26'03" EAST, A
DISTANCE OF 2239.37 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 31, BEING A FOUND
ALUMINUM CAP;
THENCE, UPON SAID LINE, NORTH 00°15'32" EAST, A DISTANCE OF 39.80 FEET;
THENCE, NORTH 00°53'54" WEST, A DISTANCE OF 739.41 FEET TO A LINE PARALLEL TO AND 70.00 FEET
EAST OF SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 31;
THENCE, UPON SAID LINE, NORTH 00°16'09" EAST, A DISTANCE OF 268.13 FEET, TO THE POINT OF
BEGINNING (POB).
1 OF 3
EXHIBIT "A"
Page 5 of 8
CONTAINING A TOTAL OF 17763 SQUARE FEET (0.41 ACRES), MORE OR LESS.
NOTE: ALL SECTION LINE DATA IS REFERENCED FROM MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION, NORTHERN PARKWAY SARIVAL AVENUE TO DYSART ROAD PROJECT NO. TT195,
FINAL PLANS AS OF 06-10-2011 AS REFERENCED ON SHEET GC01.
PREPARED BY:
DAVID A. RHINE, RLS
GEORGE CAIRO ENGINEERING, INC.
1630 S. STAPLEY DRIVE, SUITE 117
MESA, ARIZONA 85204
480-921-4080
480-921-4087 FAX
www.gcairoinc.com
EXPIRES 03-31-2019
2 OF 3
EXHIBIT "A"
Page 6 of 8
FD REBAR FD AC FLUSH
NW COR S89°02'09"E N 1/4 COR
SEC 31, T3N, R1W OLIVE AVENUE 2240.58'(R) SEC 31, T3N, R1W
S89°02`09"E
70,01'
SO0°16'09"W S89°43'51"E
1996.59' 10.00' 0' 20' 40'
POB
70.00'
AVENUE
SOO°16'09"W
VAL 267.93'
SARI 80.00'
6'09'W S44°43'51"E
ri 14.44'
1
S00°1
jr
FD AC AC FLUSH i 4
W 1/2 COR Lo .7,7 -Iv) Lo ,,) i •
SEC 31, T3N, R1W in 0 IP 1 c,2 BUTLER ALIGNMENT
0 N o 0
z I w
4. 1
17763 SQ FT ±
0.41 ACRES ±
95.00'
85.00' S42°47'29"W
Co N I. o 14.47'
to Id
NOO°15'32"E I- id .4-
39.80'
N89°4428"W
10.00'
REFERENCES:
(R) MARICOPA COUNTY DEPARTMENT
OF TRANSPORTATION, NORTHERN
FD AC FLUSH PARKWAY SARIVAL AVENUE TO
SW COR DYSART ROAD, PROJECT NO. TT195,
SEC 31, T3N, R1W FINAL PLANS AS OF 06-10-2011 AS
REFERENCED ON SHEET NO. GC01.
PREPARED BY: DAVID A. RHINE, RLS DATE: 08102/2018 JOB NO: MWD- 39 MARICOPA WATER DISTRICT EASEMENT
MCDOT NORTHERN PARKWAY
ram. MARICOPA COUNTY DEPARTMENT OF
GEORGE CAIRO ENGINEERING, INC. MARICOPA WATER DISTRICT TRANSPORTATION RIGHT OF WAY -
1630 S. STAPLEY STAPLEY CENTER OR., SUITE 117 14825 WEST GRAND AVENUE PARCEL NUMBER TWO
(480) 921 4080 MESA, ARIZONA www, 85204 gcairoinc.com SURPRISE, (623) 546 AZ - 8266 85374 LATERAL 9 SUBLATERAL G - PART 2 OF 3 rm-s
EXHIBIT "A"
Page 7 of 8
EXHIBIT "A"
MARICOPA WATER DISTRICT EASEMENT
MCDOT NORTHERN PARKWAY
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION RIGHT OF WAY — PARCEL NUMBER THREE
(LATERAL 9 SUBLATERAL G — PART 3 OF 3)
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 WEST OF
THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 31, BEING A FOUND ALUMINUM CAP;
THENCE, UPON THE EAST-WEST MID SECTION LINE OF SAID SECTION 31, SOUTH 89°08'36" EAST, A
DISTANCE OF 95.01 FEET, TO A LINE PARALLEL TO AND 95.00 FEET EAST OF THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 31;
THENCE, UPON SAID LINE, SOUTH 00°15'32" WEST, A DISTANCE OF 362.61 FEET, TO THE POINT OF
BEGINNING (POB);
THENCE, NORTH 42°47'29" EAST, A DISTANCE OF 36.98 FEET;
THENCE, NORTH 85°19'26" EAST, A DISTANCE OF 5.02 FEET TO A LINE PARALLEL TO AND 125.00 FEET
EAST OF SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 31;
THENCE, UPON SAID LINE, SOUTH 00°15'32" WEST, A DISTANCE OF 67.68 FEET;
THENCE, NORTH 89°44'28" WEST, A DISTANCE OF 30.00 FEET, TO A LINE PARALLEL TO AND 95.00 FEET
EAST OF SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 31 AND TO A POINT THAT LIES
NORTH 02°41'23" EAST, A DISTANCE OF 2239.77 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION
31, BEING A FOUND ALUMINUM CAP;
THENCE, UPON SAID LINE, NORTH 00°15'32" EAST, A DISTANCE OF 40.00 FEET TO THE POINT OF
BEGINNING (POB).
CONTAINING A TOTAL OF 1678 SQUARE FEET (0.04 ACRES), MORE OR LESS.
NOTE: ALL SECTION LINE DATA IS REFERENCED FROM MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION, NORTHERN PARKWAY SARIVAL AVENUE TO DYSART ROAD PROJECT NO. TT195,
FINAL PLANS AS OF 06-10-2011 AS REFERENCED ON SHEET GC01.
PREPARED BY:
DAVID A. RHINE, RLS
GEORGE CAIRO ENGINEERING, INC.
1630S. STAPLEY DRIVE, SUITE 117
MESA, ARIZONA 85204
480-921-4080
480-921-4087
www.gcairoinc.com
EXPIRES 03-31-2019
1 OF 2
EXHIBIT "A"
Page 8 of 8
FD AC FLUSH
W 1/4 COR
SEC 31, T3N, R1W
BUTLER ALIGNMENT
95.01' S89°08'36"E
S89°08'36"E 2248.42' (R)
NOT FOUND
0• 20' 40' C 1/4 COR
SEC 31, T3N, R1W
95.00' 7'n
N85°19'26"E
5.02'
POB
I
b 1678 SQ FT ±
0.04 ACRES ±
95.00' ZI
125.00'
N89°4428"W
FD AC FLUSH
S 1/4 COR
SEC 31, T3N, R1W
NORTHERN AVENUE
S89°16'26"E
2255.79' (R)
FD AC FLUSH REFERENCES:
SW COR (R) MARICOPA COUNTY DEPARTMENT
SEC 31, T3N, R1W OF TRANSPORTATION, NORTHERN
PARKWAY SARI VAL AVENUE TO
DYSART ROAD, PROJECT NO. TT195,
FINAL PLANS AS OF 06-10-2011 AS
EXPIRES: 3/3112019 REFERENCED ON SHEET NO. GC01.
PREPARED BY: DAVID A. RHINE, RLS DATE: 08/02/20181JOB NO MWD -39 MARICOPA WATER DISTRICT EASEMENT
MCDOT NORTHERN PARKWAY
NMIAD MARICOPA COUNTY DEPARTMENT OF
GEORGE CAIRO ENGINEERING, INC. MARICOPA WATER DISTRICT TRANSPORTATION RIGHT OF WAY-
1630 S. STAPLEY STAPLEY CENTER DR., SUITE 117 14825 WEST GRAND AVENUE PARCEL NUMBER THREE
(480) 921 - 4080 MESA, ARIZONA www. 85204 gcalrotric.com SURPRISE, (623) 546 AZ - 8266 85374 LATERAL 9 SUBLATERAL G- PART 3 OF 3 r2Tril