Extracted text (via pymupdf_layout)
41119 characters
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).
AGREEMENT TO CONSTRUCT, OPERATE AND MAINTAIN
A PRIVATE ROADWAY BRIDGE AND UTILITY
IMPROVEMENTS OVER AND UNDER THE ROOSEVELT
IRRIGATION DISTRICT RIGHT OF WAY
C-78-18-___ - __-00
THIS AGREEMENT TO CONSTRUCT, OPERATE AND MAINTAIN A PRIVATE
ROADWAY BRIDGE AND UTILITY IMPROVEMENTS OVER AND UNDER THE
ROOSEVELT IRRIGATION DISTRICT RIGHT OF WAY (the “Agreement”) is made
between ROOSEVELT IRRIGATION DISTRICT, an Arizona municipal corporation
(hereinafter “DISTRICT”) and MARICOPA COUNTY, a political subdivision of the State
of Arizona, (hereinafter “COUNTY”), collectively hereinafter also referred to as the
“Parties”, or individually as a “Party”.
RECITALS:
A. The COUNTY is in the process of designing and constructing a new correctional
facility known as the Intake Transfer Release Facility (“ITR Facility”) on property
owned by COUNTY (“County’s Property”), legally described on Exhibit “A”
attached hereto and incorporated herein by this reference. The County’s
Property is adjacent to DISTRICT’S Right of Way, which is owned by DISTRICT
in fee simple estate.
B. The COUNTY desires to construct, operate and maintain a private bridge and
roadway improvements, together with facility related utilities including, but not
limited to, chilled and hot water lines, over DISTRICT’s canal and canal bank
right-of-way (the “Canal”) in the area proposed for COUNTY’s new facility west of
27th Avenue and north of Lower Buckeye Road in Phoenix, Arizona (the “Bridge
and Roadway Improvements”). The Bridge and Roadway Improvements will
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14937659.4
also provide access for emergency responders, utility service providers, and
refuse collection.
C. The COUNTY also desires to construct, operate and maintain water and sewer
utility crossings under DISTRICT’s Canal for the benefit of the ITR Facility (the
“Utility Improvements”).
D. The Bridge and Roadway Improvements and the Utility Improvements may also
be referred to herein together as the “Improvements” and will require that
COUNTY have a perpetual easement across DISTRICT’S Canal.
E. The granting of the easement over DISTRICT’S Canal will in no way limit
DISTRICT’S ability to utilize the right of way area for its operation and
maintenance of DISTRICT’S Canal or its appurtenant facilities.
F. The COUNTY agrees it will retain all responsibility for the maintenance and
operation of the Improvements. This agreement sets forth the terms and
conditions under which the DISTRICT shall provide COUNTY with an easement
for construction and a perpetual easement for the operation and maintenance of
the Improvements.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. The Recitals set forth above are hereby incorporated in this Agreement.
2. Simultaneous with execution of this Agreement, the DISTRICT will grant an
Easement for a Private Roadway Bridge and Utility Improvements, the form of
which is attached hereto as Exhibit “B”, to the COUNTY, and its successors
and assigns, 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 COUNTY and
COUNTY’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 those portions of the Canal
which are more particularly described on Exhibit “B-1” attached hereto and
incorporated herein by this reference (the “Easement Areas”), together with the
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use of the space above and below the established grade line of the Bridge and
Roadway Improvements for roadway and utility purposes over and across the
Canal.
3. All Parties to this Agreement hereby acknowledge that the COUNTY’s
construction of the Bridge and Roadway Improvements will necessitate minor
realignment of approximately 155 feet of DISTRICT’s access road onto Grantee’s
property. COUNTY shall be responsible for all costs associated with the access
road relocation. Simultaneous with execution of this Easement Agreement, the
COUNTY will grant a Non-exclusive Ingress and Egress Easement, the form of
which is attached hereto as Exhibit “C” to the DISTRICT for the purposes of
operation and maintenance of that portion of the DISTRICT’s access road that
will be relocated onto COUNTY property.
4. Plans and specifications for the Improvements have been submitted by COUNTY
to DISTRICT and DISTRICT has reviewed and approved said plans. Copies of
the approved plans and specifications (the “Approved Plans”) will be kept on file
with DISTRICT and are incorporated herein by this reference. COUNTY hereby
represents and warrants to the DISTRICT that COUNTY’s Approved Plans meet
all guidelines and current criteria for roadway, bridge and utility system
construction.
5. All construction by COUNTY and COUNTY’s contractors shall be in accordance
with the applicable Approved Plans, including the type and quality of materials
used. No alteration, addition, modification or other amendment to the Approved
Plans for work within the Canal may be made, nor shall any deviation from the
Approved Plans for work within the Canal be permitted without DISTRICT’s and
COUNTY’s prior approval, which approval shall not be unreasonably withheld,
conditioned or delayed. DISTRICT shall have ten (10) days following receipt of
any plans and specifications to approve or reasonably disapprove of the same. If
no written approval or disapproval is delivered to COUNTY within such ten (10)
day period, DISTRICT shall be conclusively deemed to have approved the plans
and specifications. If DISTRICT delivers to COUNTY DISTRICT’s specific
written objections within such ten (10) day period, DISTRICT and COUNTY shall
diligently proceed to negotiate in good faith to resolve DISTRICT’s objections.
6. The Improvements shall be owned by COUNTY and/or its successors or assigns.
7. In addition to the easement rights to be granted over the Easement Areas, the
DISTRICT shall approve and grant COUNTY and its contractors, employees, and
service providers a perpetual nonexclusive license for ingress and egress over
the Canal as deemed necessary, for the purposes of construction, operation,
maintenance, improvement, alteration and removal of COUNTY’s Improvements;
provided however that such activities shall not interfere with the DISTRICT’s
operation, maintenance and repair of its facilities, including the distribution of
water to its users. In the event that water delivery is required to be interrupted,
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the COUNTY shall provide the DISTRICT with advance notice. The Parties shall
agree to such interruption or reasonable provisions for alternate delivery while
construction is underway. If the Parties fail to agree on a mutually acceptable
solution, the dispute may be submitted to arbitration prior to filing an action in the
courts in accordance with Section 18 of this Agreement.
8. The DISTRICT also hereby approves and grants COUNTY and their employees
and contractors a perpetual, nonexclusive license for ingress and egress over the
Canal as deemed necessary for the provision of emergency services to
Grantee’s Property and for access during any time when the Bridge and
Roadway Improvements are not available for use by COUNTY due to an Event of
Emergency, as described in Section 9 below, or any other condition that prevents
use of the Bridge and Roadway Improvements for access to COUNTY’s
Property. Upon completion of any work or access by COUNTY, COUNTY shall
return DISTRICT’s property to the same or better condition as it was in
immediately prior to the work or access. COUNTY shall document the “before”
and “after” condition of DISTRICT’s property as appropriate for each entry.
9. For purposes of this Agreement, an “Event of Emergency” shall be defined as
an event which materially interferes with or prohibits the distribution of water by
DISTRICT to DISTRICT’s users for a continuous period of three (3) days where
there is no alternative method of water delivery available and where the event is
materially caused by the operation and maintenance of any portion of the
Improvements. In the Event of Emergency, DISTRICT shall have the right to
alter, relocate or remove any portion of the Improvements installed for the benefit
of COUNTY. In such event, DISTRICT shall have no obligation to reinstall or
reconstruct such portion of the Improvements. To the extent reasonably possible,
DISTRICT shall notify COUNTY in writing of any Event of Emergency and the
need to alter, relocate or remove any portion of the Improvements. Upon receipt
of such notice, COUNTY shall have the right, but not the obligation, to remove
the condition causing the Event of Emergency to the reasonable satisfaction of
DISTRICT in which event DISTRICT shall not alter, relocate or remove any
portion of the Improvements as long as COUNTY is proceeding diligently and in
a manner reasonably acceptable to DISTRICT to remove, relocate or otherwise
remedy the condition causing the Event of Emergency. DISTRICT shall further,
to the extent possible, try to make repairs to DISTRICT’s canal in such a way as
to not have to alter, relocate or remove any portion of the Improvements.
10. The COUNTY, and/or its successors and assigns, shall be responsible for all
costs for the design, construction and/or maintenance of the Improvements.
COUNTY shall also be responsible for ensuring that the initial construction of the
Improvements is completed in a good and workmanlike manner in accordance
with the Approved Plans.
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11. DISTRICT acknowledges that COUNTY is self-insured as provided in A.R.S.
§11-981 and that this self-insurance fully complies with DISTRICT’s insurance
requirements for this Agreement.
12. COUNTY shall keep DISTRICT’s property free and clear of any or all liens,
including, but not limited to, mechanics’ and materialmen’s liens relating to the
work contemplated by this Agreement.
13. COUNTY and its successors and assigns shall indemnify and hold harmless and
release DISTRICT from any and all claims for damages or injury arising from, or
in any way incident to, the design, engineering, construction, maintenance or
repair of the Improvements, or in the exercise of any other rights or obligations
under this Agreement by COUNTY and or its successors and assigns, if
applicable. The foregoing indemnification obligations shall expressly include, but
shall not be limited to, damages to DISTRICT or its members’ properties resulting
from failure of, or damage to, the Canal caused by COUNTY and or its
successors and assigns; provided, however, the foregoing indemnification
obligations shall expressly exclude any responsibility of COUNTY for liabilities
arising out of, or relating to, the sole negligence or intentional misconduct of
DISTRICT, its agents, employees and contractors or the actions of any third
parties to which or whom DISTRICT may grant rights to use DISTRICT property.
14. Nothing contained in this Agreement shall be construed as consent by DISTRICT
to any expansion of the Improvements beyond the stated size, quality and
character as set forth in the Approved Plans. Any such enlargement of the
Improvements shall require a written modification of this Agreement to be
executed by DISTRICT and COUNTY and or each Party’s successors and
assigns, if applicable.
15. The Parties to this Agreement acknowledge that the location and legal
description of Easement Areas attached hereto as Exhibit B-1 have been
approved by DISTRICT to allow a building envelope for the location of the
Improvements based on the Approved Plans. After completion of construction of
the Improvements pursuant to the Approved Plans, COUNTY shall submit “as-
built” plans (“As-Builts”) of the constructed Improvements to DISTRICT. Copies
of the As-Builts will be kept on file by COUNTY and DISTRICT.
16. All provisions of this Agreement, including the benefits and burdens, run with
COUNTY’s Property and DISTRICT’s property and are binding upon and inure to
the benefit of the successors and assigns of the Parties.
17. The COUNTY hereby acknowledges DISTRICT’s rights and all of DISTRICT’s
agents’ rights to construct, maintain, and operate the DISTRICT’s facilities under
the Bridge and Roadway Improvements and over the Utility Improvements within
the Canal.
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18. Any Party may enforce this Agreement by appropriate legal action and the
prevailing party in such litigation may recover as part of its costs in such action its
reasonable attorneys’ fees, costs and expenses of enforcing its rights hereunder.
Any dispute arising out of or relating to this Agreement may also be submitted to
arbitration prior to filing an action in the courts. Notice of a dispute must be in
writing and provide a summary of the issue that is the subject of the dispute.
a) The parties shall confer within thirty (30) days of a party’s receipt of a
notice of dispute and decide, within ten (10) days after conferring, on a
mutually acceptable arbiter. If a mutually acceptable arbiter cannot be
agreed upon within thirty (30) days after conferring, the parties agree that
each party shall name one (1) arbiter and those two (2) arbiters shall
select a third arbiter. Any decisions made shall be made by a majority of
the panel of three (3) arbiters.
b) Arbitration shall be binding. The cost of any arbitration shall be shared
equally by the parties.
c) Maricopa County, Arizona shall be the venue for any action filed in the
courts to resolve a dispute arising out of or relating to this Agreement.
19. Any notices required by this Agreement shall be in writing and shall be served by
any of the following means: (i) by delivery in person, in which case notice shall be
deemed given upon delivery (or refusal of delivery); (ii) by certified U.S. mail,
return receipt requested, postage prepaid, in which case notice shall be deemed
given upon the earlier of the date of first attempted delivery or the third day after
deposit in the mail; (iii) by reputable commercial courier service, charges prepaid,
in which case notice shall be deemed given upon the earlier of the date of first
attempted delivery or the third day after deposit with the courier service; or (iv) by
confirmed facsimile if sent during normal business hours of the recipient, and if
not, then on the next business day. Notices sent by facsimile transmission shall
be effective on the date of successful transmission, and the original of such
notice shall be deposited in the U.S. mail postage prepaid. All notices shall be
sent to the following addresses, or such other address as either party may
hereafter specify by written notice to the other:
For DISTRICT: Roosevelt Irrigation District
c/o Donovan Reese
103 W. Baseline Road
Buckeye, AZ 85326
For COUNTY: Operations and Maintenance Division Manager
Maricopa County Facilities Management Department
401 W. Jefferson Street
Phoenix, AZ 85003
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14937659.4
With a Copy to: Director
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ, 85009
20. This Agreement and Exhibits A, B, B-1 and C attached hereto contain the entire
agreement between the Parties with respect to its subject matter. Any
modification of this Agreement or additional obligation assumed by either Party
in connection with this Agreement shall be binding only if evidenced in writing
and signed by DISTRICT and COUNTY, and or each Party’s successors or
assigns, if applicable. No third parties shall have any rights to use the Bridge and
Roadway Improvements without the consent of COUNTY and DISTRICT shall
not grant any such rights to a third party. This Agreement shall be construed in
accordance with the laws of the State of Arizona.
21. The parties may execute this instrument in two or more counterparts, which shall,
in the aggregate, be signed by all parties; each counterpart shall be deemed an
original instrument as against any party who has signed it.
22. If any provision of this Agreement is found to be invalid, the remaining provisions
shall not be altered thereby.
23. This Agreement is subject to A.R.S. 38-511 and may be canceled pursuant
thereto.
24. The acceptance date of this Agreement shall be the day which the last Party
executes this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the dates set forth below.
(SIGNATURE PAGES TO FOLLOW)
7
14937659.4
DISTRICT
ROOSEVELT IRRIGATION DISTRICT,
an Arizona municipal corporation
By:
Printed Name:
Title:
Date:
ACKNOWLEDGMENT BY DISTRICT
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:
8
14937659.4
ACCEPTANCE BY COUNTY:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By: ______________________________
Name: Steve Chucri
Title: Chairman of the Board of Supervisors
Date:
ACKNOWLEDGEMENT BY COUNTY
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
9
14937659.4
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”
Form of
Easement for a Private Roadway Bridge and Utility Improvements
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
TM
TM
Engneerng
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
TM
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Engneerng
Exhibit “C”
Form of
Non-Exclusive Ingress and Egress Easement
When Recorded Mail To:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
EXEMPT FROM AFFIDAVIT AND FEE PURSUANT TO A.R.S. §11-1134(A) (2).
NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT
This NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT ("Easement") is entered into
this day of , 2018, by and between the following parties:
GRANTOR: MARICOPA COUNTY, a political subdivision of the State of
Arizona
GRANTEE: ROOSEVELT IRRIGATION DISTRICT, an Arizona
municipal corporation
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 non-exclusive easement on the property legally
described and depicted on Exhibit A (“Easement Property”), attached hereto and incorporated
herein by this reference, for ingress, egress, and access over, upon and across the Easement
Property, together with the right to operate and maintain an access roadway on the Easement
Property.
RESERVING, however, to GRANTOR, its successors and assigns, such rights and privileges as
may be used and enjoyed without interfering with or abridging the rights and easement hereby
granted.
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 Property caused by or arising
Page 1 of 6
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 of an emergency, GRANTOR shall have the right to take such action it determines
reasonable and necessary under the circumstances to address the emergency.
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
Page 2 of 6
GRANTOR:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By:______________________________
Name: Steve Chucri
Title: Chairman of the Board of Supervisors
Date:
ACKNOWLEDGEMENT OF GRANTOR
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
Page 3 of 6
ACCEPTANCE BY GRANTEE:
ROOSEVELT IRRIGATION DISTRICT,
an Arizona municipal corporation
By:
Printed Name:
Title:
Date:
ACKNOWLEDGMENT OF GRANTEE
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:
Page 4 of 6
Exhibit A
Easement Property
Page 5 of 6
Page 6 of 6