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When recorded please return to:
Jake Curtis
Burch & Cracchiolo, P.A.
P.O. Box 16882
Phoenix, Arizona 85011
EXEMPT FROM AFFIDAVIT AND FEE PURSUANT TO A.R.S. §11-1134(A) (2).
EASEMENT FOR A PRIVATE
ROADWAY BRIDGE AND UTILITY IMPROVEMENTS
This EASEMENT FOR A PRIVATE ROADWAY BRIDGE AND UTILITY IMPROVEMENTS
("Easement") is entered into this day of , 2018, by and between the
following parties:
GRANTOR: ROOSEVELT IRRIGATION DISTRICT, an Arizona municipal
corporation
GRANTEE: MARICOPA COUNTY, a political subdivision of the State of
Arizona, and its agents, contractors, and/or assigns
RECITALS:
A. The GRANTEE is constructing a new correctional facility known as the Intake Transfer
Release Facility (“ITR Facility”) on GRANTEE’s property legally described on Exhibit “A”
attached hereto and incorporated herein by this reference (“Grantee’s Property”) .
B. The GRANTEE desires to construct, operate and maintain: (1) a private bridge and roadway
improvements, together with facility related utilities (the “Bridge and Roadway
Improvements”), over GRANTOR’s canal and canal bank right-of-way (the “Canal”); and (2)
utility crossings under GRANTOR’s Canal for the benefit of the ITR Facility (the “Utility
Improvements”). The Bridge and Roadway Improvements and the Utility Improvements may
also be referred to herein together as the “Improvements”.
NOW, THEREFORE, for and in consideration of the sum of Ten and 00/100 dollars ($10.00)
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
GRANTOR does hereby grant and convey to GRANTEE a perpetual, exclusive easement
appurtenant to, and for the benefit of, Grantee’s Property for the purposes of: (i) construction,
installation, maintenance, operation, repair, improvement and removal, as may become necessary, of
the Improvements; (ii) the provision of necessary governmental services to the ITR Facility across the
Canal including, but not limited to, police and fire protection services, along with ingress, egress and
access by government service providers, and their employees and contractors, for the provision of such
services; (iii) the provision of utility services to the ITR Facility over and under the Canal including,
but not limited to: water, sewer, gas, electric, cable, data and telephone services and ingress, egress
and access by utility service providers, and their employees and contractors, for providing such utility
services; and (iv) ingress, egress and access to the ITR Facility across the Canal by GRANTEE and
GRANTEE’s employees, agents, tenants, permittees, invitees and contractors, including, but not
limited to, any private contractors providing construction services, facility operation and maintenance
services, security services, and refuse collection services, over, under and across the property
described on Exhibit “B-1” attached hereto and incorporated herein by this reference (the “Easement
Areas”), together with:
1) The use of the space above and below the established grade line of the Improvements for
roadway and utility purposes over and across the Canal; and
2) The right of ingress and egress for construction, operation, maintenance, improvement,
alteration and removal of GRANTEE’s Improvements.
In the event of any condition that prevents use of the Bridge and Roadway Improvements for access
to Grantee’s Property, GRANTEE and GRANTEE’s employees, contractors, and service providers,
shall also have the right of ingress and egress over the Canal as deemed necessary, for the purposes of
providing emergency services and access to the ITR facility.
In the event of an emergency, GRANTOR shall have the right to take any and all actions it determines
reasonable and necessary under the circumstances to address the emergency.
RESERVING, however, to GRANTOR, its successors and assigns, the prior right to construct,
reconstruct, operate and maintain its existing and future irrigation, electrical and telecommunication
facilities within the Easement Areas.
GRANTOR shall not be liable for any expense, cost or charge arising from GRANTEE's exercise
of rights granted herein.
GRANTEE agrees to indemnify GRANTOR for all direct damages to the real property, personal
property, or physical injury to persons on the Easement Areas caused by or arising from the proximate
result of the activities of GRANTEE, its officers, employees, agents or contractors in the exercise of
GRANTEE'S rights pursuant to the terms of this easement, except such injury or damage caused by
or arising solely from the gross negligence or willfulness of GRANTOR, its officers, employees,
agents or contractors.
In the event GRANTEE shall have ceased to utilize the easement for purposes described herein into
GRANTOR’S Canal, or in the event of any event giving evidence to GRANTOR that GRANTEE
has abandoned the use of the Easement, then and in such event, GRANTOR shall notify GRANTEE,
in writing, that GRANTOR considers that the easement has been abandoned. In such event,
GRANTEE shall provide confirmation to GRANTOR that the easement has been abandoned, or in
the event GRANTEE shall fail to reply that there has been no intent to abandon the easement within
thirty (30) days of receipt of the aforesaid notice from GRANTOR, this easement shall be deemed to
be abandoned and GRANTOR shall be permitted to record a revocation of this easement in the public
records of Maricopa County. Unless and until such revocation is recorded by GRANTOR, this
easement shall remain in full force and effect.
This easement shall run with the land and shall be binding on both parties and their respective
successors and assigns.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
GRANTOR:
ROOSEVELT IRRIGATION DISTRICT,
an Arizona municipal corporation
By:
Printed Name:
Title:
Date:
ACKNOWLEDGMENT OF GRANTOR
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this ___ day of __________, 2018, by
, the on behalf
of Roosevelt Irrigation District, an Arizona municipal corporation.
________________________________
Notary Public
My Commission Expires:
ACCEPTANCE BY GRANTEE:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By:______________________________
Name: Steve Chucri
Title: Chairman of the Board of Supervisors
Date:
ACKNOWLEDGEMENT OF GRANTEE
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this ___ day of __________, 2018, by
Steve Chucri, the Chairman of the Board of Supervisors on behalf of MARICOPA COUNTY, a
political subdivision of the State of Arizona.
________________________________
Notary Public
My Commission Expires:
Approved as to Form:
Deputy County Attorney Date
Exhibit "A"
Legal Description of Grantee's Property
THENCE ALONG AND WITH THE ARC OF SAID CURVE, A DISTANCE OF 121.71 FEET TO A
POINT OF TANGENCY;
THENCE SOUTH 55 DEGREES 41 MINUTES 25 SECONDS EAST, 170.00 FEET;
THENCE SOUTH 34 DEGREES 18 MINUTES 35 SECONDS WEST, 125.67 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 753.00 FEET AND
A CENTRAL ANGLE OF 16 DEGREES 00 MINUTES 57 SECONDS;
THENCE ALONG AND WITH THE ARC OF SAID CURVE, A DISTANCE OF 210.48 FEET;
THENCE SOUTH 62 DEGREES 33 MINUTES 52 SECONDS EAST, 42.06 FEET;
THENCE SOUTH 00 DEGREES 31 MINUTES 26 SECONDS WEST, 831.23 FEET TO THE POINT OF
BEGINNING AND CONTAINING A COMPUTED AREA OF 1,848,253 SQUARE FEET OR 42.430 ACRES
OF LAND, MORE OR LESS,
THE ATTACHED EXHIBIT 'A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
APN10547-003K-006-003Y September, 2016 DIBBLE ENGINEERING
Page 2 of 3 PROJECT NO. 1015072
DISTANCE 60.22' 40.01' 969.69' 971.55' 279.69' 677.77' 170.00' 125.67' 42.06' 37 SURVEY. 14
TABLE R=753.00 L=16°00'57 L=210.48' SECTION OF 3
DATA NOO°13'02"E N89°46'58"W N89°27'57"W NO0°00'19"W NOO°08'25"E N89°26'35"E S55°41'25"E S34°18'35"W S62°33'52"E C-2 BOUNDARY OF EAST 3
LINE BEARING 2 MERIDIAN ARIZONA PAGE
R=200.00' L=34°52'00" L=121.71' PROPERTY "A" QUARTER RANGE
LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 C-1
A EXHIBIT NORTH, RIVER COUNTY,
NOT SOUTHEAST 1 SALT
IS & MARICOPA
L2— THIS THE TOWNSHIP GILA 2016
14 R2E MCDOT APN105-17-006 INSTR 2006-1027022 PCL 4 2646.08' R2E OF SEPT CSD BAR
SEC L3 T1N, COMMENCEMENT PORTION
TIN, /— 14 DATE: DRN: CHK:
COR N89°27'57”W SEC A
1/4 "W '26 °31 SOO COP OF
E SE POINT
RD
OF
L6 065c)0' ()(1 \ POINT 957.k"INNING BUCKEYE
CP 1635.87'
836.44' LOWER
N8927'57''W OR Dibble Engtneering• 1015072
flE AREA: SF ACRES Engineering
NTS N90°00'00 No
EE PARCEL 1,848,253 42.430 Dibble Project
CP
Exhibit "B-1"
Bridge and Roadway Improvements Easement Area
A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 14, TOWNSHIP 1 NORTH, RANGE 2
EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14 FROM WHICH THE
CENTER OF SECTION 14 BEARS NORTH 00 DEGREES 00 MINUTES 19 SECONDS WEST, 2622.55
FEET AND THE SOUTHEAST CORNER BEARS SOUTH 89 DEGREES 27 MINUTES 57 SECONDS
EAST, 2646.08 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 19 SECONDS WEST, ALONG AND WITH THE
NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 14, 627.46 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE, D E P A R T I N G SAID NORTH-SOUTH MID-SECTION LINE, NORTH 89 DEGREES 27
MINUTES 57 SECONDS WEST, 60.00 FEET TO THE WEST RIGHT OF WAY LINE OF THE
ROOSEVELT IRRIGATION DISTRICT PARCEL;
THENCE ALONG AND WITH SAID WEST RIGHT OF WAY LINE, NORTH 00 DEGREES 00
MINUTES 19 SECONDS WEST, 90.00 FEET;
THENCE D E P A R T I NG SAID WEST RIGHT OF WAY LINE, SOUTH 89 DEGREES 27 MINUTES
57 SECONDS EAST, 60.00 FEET TO THE AFORSAID NORTH-SOUTH MID-SECTION LINE OF SAID
SECTION 14;
THENCE ALONG AND WITH SAID NORTH-SOUTH MID-SECTION LINE, SOUTH 00 DEGREES 00
MINUTES 19 SECONDS EAST, 90.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A
COMPUTED AREA OF 5,400 SQUARE FEET OR 0.124 ACRES OF LAND, MORE OR LESS.
THE ATTACHED EXHIBIT ‘A’ IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
BRIDGE ACCESS May, 2017 DIBBLE ENGINEERING
Page 1 of 2 PROJECT NO. 1015072
LINE DATA TABLE LINE DATA TABLE
FD BRASS CAP
IN HAND HOLE PARCEL AREA: LINE BEARING DISTANCE LINE BEARING DISTANCE
CENTER SEC 5,400 SF OR
14 T1N, R2E 0.124 ACRES L 1 N89 °27'57"W 60.00' L3 S89 °27'57"E 60.00'
L2 NOQ °OO' 19"W 90.00' L4 SOQ °OO' 19"E 90.00'
NORTH-SOUTH
MID-SECTION
LINE
60'
RID R/W MARICOPA COUNTY C.D N N
/'"L3 7 APN 105-17-003Y 00 0 I'- w ::>
\ NOD-03205 18
...... (NEW APN PENDING) I-- O I'- ..- ..- I -tj- APN MARICOPA 105-17-003W COUNTY w
( \ 0 0 0LJ100 olc.o_J INSTR 2006-1027022
l1 b 0 s 12 oo o_ PCL 2
z "---.. ..- N :r:
POINT OF 0 C.D 0::: I z 0::: I-"'
0 Q_ <( I-- U) N
!3 BEGINNING 0::: z
J
------------------------
i ii: a, NOTHING FOUND S89°27'57"E 2646.08'
a, :c S 1/4 COR LOWER BUCKEYE RD NTS
' SEC 14 T1 N, R2E
POINT OF FD BRASS CAP IN HAND HOLE
COMMENCEMENT SE COR SEC 14 T1N, R2E
THIS IS NOT A PROPERTY BOUNDARY SURVEY.
f,------,--;567P"....__,-------8EX9H:l;Bl<T:--;,=, A:-;;,,-------,
(!J 0•1bble BRIDGE AND CHILLED WATER LINE EASEMENT
:- A PORTION OF THE SOUTHWEST QUARTER OF SECTION 14
0 Engineering· TOWNSHIP 1 NORTH, RANGE 2 EAST GILA & SALT RIVER
i MERIDIAN, MARICOPA COUNTY, ARIZONA
V-----------1 DATE: MAY 2017
,,. W Dibble Engineering ORN: BAR PAGE 2 OF 2
.... ii: Project No 1015072 CHK: CSD
Exhibit "B-1"
Utility Improvements Easement Area No. 1
A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 14, TOWNSHIP 1 NORTH, RANGE 2
EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14 FROM WHICH THE
EAST QUARTER CORNER BEARS NORTH 00 DEGREES 13 MINUTES 02 SECONDS EAST, 2627.00
FEET;
THENCE NORTH 89 DEGREES 27 MINUTES 57 SECONDS WEST, ALONG AND WITH THE SOUTH
LINE OF SAID SECTION 14, 1841.47 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONT INU ING ALONG AND WITH SAID SOUTH LINE, NORTH 89 DEGREES
27 MINUTES 57 SECONDS WEST, 35.00;
THENCE, D E P A R T I N G SAID SOUTH LINE, NORTH 00 DEGREES 32 MINUTES 03 SECONDS
EAST, 60.00 FEET TO THE NORTH RIGHT OF WAY LINE OF THE ROOSEVELT IRRIGATION
DISTRICT PARCEL;
THENCE ALONG AND WITH SAID NORTH RIGHT OF WAY LINE, SOUTH 89 DEGREES 27
MINUTES 57 SECONDS EAST, 20.00 FEET;
THENCE D E P A R T I NG SAID NORTH RIGHT OF WAY LINE, SOUTH 00 DEGREES 32
MINUTES 03 SECONDS WEST, 50.00 FEET;
THENCE SOUTH 89 DEGREES 27 MINUTES 57 SECONDS EAST, 15.00 FEET;
THENCE SOUTH 00 DEGREES 32 MINUTES 03 SECONDS WEST, 10.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING A COMPUTED AREA OF 1,350 SQUARE FEET OR 0.031 ACRES
OF LAND, MORE OR LESS.
THE ATTACHED EXHIBIT ‘A’ IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
W UT ACCESS May, 2017 DIBBLE ENGINEERING
Page 1 of 2 PROJECT NO. 1015072
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Exhibit "B-1"
Utility Improvements Easement Area No. 2
A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 14, TOWNSHIP 1 NORTH, RANGE 2
EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14 FROM WHICH THE
EAST QUARTER CORNER BEARS NORTH 00 DEGREES 13 MINUTES 02 SECONDS EAST, 2627.00
FEET;
THENCE NORTH 89 DEGREES 27 MINUTES 57 SECONDS WEST, ALONG AND WITH THE SOUTH
LINE OF SAID SECTION 14, 1342.97 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONT INU ING ALONG AND WITH SAID SOUTH LINE, NORTH 89 DEGREES
27 MINUTES 57 SECONDS WEST, 20.00 FEET;
THENCE, D E P A R T I N G SAID SOUTH LINE, NORTH 00 DEGREES 32 MINUTES 03 SECONDS
EAST, 60.00 FEET TO THE NORTH RIGHT OF WAY LINE OF THE ROOSEVELT IRRIGATION
DISTRICT PARCEL;
THENCE ALONG AND WITH SAID NORTH RIGHT OF WAY LINE, SOUTH 89 DEGREES 27
MINUTES 57 SECONDS EAST, 20.00 FEET;
THENCE D E P A R T I NG SAID NORTH RIGHT OF WAY LINE, SOUTH 00 DEGREES 32
MINUTES 03 SECONDS WEST, 60.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A
COMPUTED AREA OF 1,200 SQUARE FEET OR 0.028 ACRES OF LAND, MORE OR LESS.
THE ATTACHED EXHIBIT ‘A’ IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
CTR UT ACCESS May, 2017 DIBBLE ENGINEERING
Page 1 of 2 PROJECT NO. 1015072
FD BRASS CAP IN
LINE DATA TABLE LINE DATA TABLE HAND HOLE
LINE BEARING DISTANCE LINE BEARING DISTANCE E 1/4 COR SEC 14
T1 N, R2E
L1 N89 °27'57"W 20.00' L3 ss9·27's7"E 20.00'
L2 NOQ °32'03"E 60.00' L4 soo·32'03"w 60.00'
MARICOPA COUNTY
APN 105-17-003Y
NOD-03205
(NEW APN PENDING)
MARICOPA COUNTY
APN 105-17-003W
INSTR 2006-1027022
PCL 2
..- z Zo::::
0 LL tn .. I- Q_ <( I U)
1342.97'
N89°27'57"W 2646.08'
LOWER BUCKEYE RD FD BRASS CAP IN HAND HOLE NTS
PARCEL AREA: SE COR SEC 14 T1N, R2E
1,200 SF OR POINT OF COMMENCEMENT
0.028 ACRES
THIS IS NOT A PROPERTY BOUNDARY SURVEY.
f,------,--;456P"....__,-------7EX8H9l:Bl;T:--;,<, A:-;;,,-------,
0
(!J 0•1bble UTILITY EASEMENT NO. 2
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 14
:- Engineering· TOWNSHIP 1 NORTH, RANGE 2 EAST GILA & SALT RIVER
0
i MERIDIAN, MARICOPA COUNTY, ARIZONA
_-----------1 DATE: MAY 2017
,,. ` .... Dibble Engineering ORN: BAR PAGE 2 OF 2
ii: Project No 1015072 CHK: CSD
Exhibit "B-1"
Utility Improvements Easement Area No. 3
A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 14, TOWNSHIP 1 NORTH, RANGE 2
EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14 FROM WHICH THE
EAST QUARTER CORNER BEARS NORTH 00 DEGREES 13 MINUTES 02 SECONDS EAST, 2627.00
FEET;
THENCE NORTH 89 DEGREES 27 MINUTES 57 SECONDS WEST, ALONG AND WITH THE SOUTH
LINE OF SAID SECTION 14, 576.97 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONT INU ING ALONG AND WITH SAID SOUTH LINE, NORTH 89 DEGREES
27 MINUTES 57 SECONDS WEST, 20.00 FEET;
THENCE, D E P A R T I N G SAID SOUTH LINE, NORTH 00 DEGREES 32 MINUTES 03 SECONDS
EAST, 60.00 FEET TO THE NORTH RIGHT OF WAY LINE OF THE ROOSEVELT IRRIGATION
DISTRICT PARCEL;
THENCE ALONG AND WITH SAID NORTH RIGHT OF WAY LINE, SOUTH 89 DEGREES 27
MINUTES 57 SECONDS EAST, 20.00 FEET;
THENCE D E P A R T I NG SAID NORTH RIGHT OF WAY LINE, SOUTH 00 DEGREES 32
MINUTES 03 SECONDS WEST, 60.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A
COMPUTED AREA OF 1,200 SQUARE FEET OR 0.028 ACRES OF LAND, MORE OR LESS.
THE ATTACHED EXHIBIT ‘A’ IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
E UT ACCESS May, 2017 DIBBLE ENGINEERING
Page 1 of 2 PROJECT NO. 1015072
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