D. D23426-2.PDF

Maricopa County — Formal (2018-03-21)

View PDF Item 55 Meeting page

Extracted text (via pymupdf_layout) 9585 characters
WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
Exempt ARS 11-1134, A2
DRAIN AGE EASEMENT
Parcel No.: 502-28-007
Project No.: TT0520
Project Name: Carnelback Road at Beardsley Canal
Item No.: D23426-2
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS Marieopa County Municipal Water Conservation District Number One,
a political subdivision of the State of Arizona, hereinafter called the GRANTORS, for and in
consideration of the sum of One Thousand Four Hundrd Twenty and No/100 DOLLARS
($1,420.00) and other valuable consideration, receipt of which is hereby acknowledged, do
hereby grant and convey to MAR1COPA COUNTY, a political subdivision of the State of
Arizona, hereinafter called the GRANTEE, and to its agents, successors and assigns, a drainage
easement for the purpose of constructing and maintaining the basin and appurtenances on, over,
under and across the ground embraced within a parcel of land situated in the County of
Maricopa, State of Arizona, and being described as follows:
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION
The GRANTEE or its agents, successors and assigns shall at all times have the right of full and
free ingress and egress to said easement for the purpose heretofore specified.
The covenants and agreements herein set forth shall extend and inure in favor and to the benefit
of and shall be binding on the heirs, successors in ownership and estate, assigns and lessees of
the respective parties hereto.
NOW THEREFORE, in consideration of the same and further consideration hereinafter set forth,
it is agreed, that this instrument contains the entire agreement between the parties hereto and
there being no further consideration paid than herein specified.
///
///
///
///
Page 1 of 4

Parcel No.: 502-28-007
Project No.: TT0520
Project Name: Camelback Road at Beardsley Canal
Item No.: D23426-2
THE COUNTY OF MARICOPA AGREES:
A. To use the property described herein Exhibit "A" for the general welfare and benefit of
the public.
B. To pay the Grantor the sum of One Thousand Four Hundred Twenty and No/100
DOLLARS ($1,420.00) as payment in full for the property described herein.
C. GRANTEE agrees to relinquish all rights granted herein to the above described property
in the event that the Grantor OR GRANTOR'S SUCCESSOR IN INTEREST shall at any
time in the future develop the parcel containing the easement, PROVIDED THAT THE
DEVELOPMENT INCLUDES drainage facilities approved to the satisfaction of the
GRANTEE's County Engineer and/or the municipality or municipalities having
jurisdiction at this location at the time of development.
D. That, if in the opinion of the Transportation Director, it becomes necessary, fences and
private structures will be removed and replaced in kind, at no expense to the Grantor
except as may be herein otherwise agreed. Any ground cover disturbed from its original
state will also be replaced in kind.
E. That no costs relating to construction of Project No. TT0520 will be charged to the
Grantor.
THE GRANTOR(S) AGREE(S):
1. To grant a drainage easement for the property described herein Exhibit "A" to the County
of Maricopa and/or its agents for the general welfare and benefit of the public.
2. To accept the sum of One Thousand Four Hundred Twenty and No/100 DOLLARS
($1,420.00)as payment in full for the property described herein.
3. That the County, or its agents, is hereby granted the right to enter upon the remaining property of
the Grantor for the purpose of accomplishing "D" above.
Page 2 of 4

Parcel No.: 502-28-007
Project No.: TT0520
Project Name: Camelback Road at Beardsley Canal
Item No.: D23426-2
Datedthisj. day of ,2018.
GRANTOR:
MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT
NUMBER ONE, a politipallubdiyision of the State of Arizona
By: 1, By: Glen4
Christine Cain ortherms
Its: Property & Contracts Supervisor Its: Assistant Secretary
ACKNOWLEDGMENT
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
On this 02 7 f:-1:7day of "L—e, ,oradr , 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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
(0c.:104 ef- .10.2-0 DEBRA L.. TRASANCOS
Notary Public Arizona
Maricopa County
Expires 10)15/2020
Page 3 of 4

Parcel No.: 502-28-007
Project No.: TT0520
Project Name: Camelbaek Road at Beardsley Canal
Item No.: D23426-2
RECOMMENDED FOR APPROVAL:
Senior4ight-of-NIVay Agent
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By:
Chairman of the Board
ATTEST:
Date
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority of the Board of Supervisors
Deputy County Attorney Date
Page 4 of 4

EXHIBIT "A"
Parcel No. 502-28-007
Camelback Road at Beardsley Canal
Project No. TT520
Item No. D23426-2
LEGAL DESCRIPTION FOR A DRAINAGE EASEMENT
A portion of the Southwest Quarter of Section 16, Township 2 North, Range 2 West of the Gila and
Salt River Base and Meridian, Marieopa 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 from which the Southeast corner of said Section bears South 89 036'53" East, for a distance of
2637.52 feet and the Southwest quarter corner of said Section bears North 89'37'12" West, for a
distance of 2649.04 feet;
thence along the East line of said Southwest quarter North 00°3048" East, for a distance of 65.00 feet
to a point on the North line of the South 65 feet of said Southwest quarter and also the POINT OF
BEGINNING;
thence along said North line North 89 037'12" West, for a distance of 157.00 feet to a point on the West
line of that certain property as described in Book 376 of Deeds, Page 317 and Docket 1575, Page 62 in
the Maricopa County Recorder's office;
thence along said North line, North 00 030'48" East for a distance of 70.00 feet;
thence departing said West line South 89°37'12" East, for a distance of 157.00 feet to the East line of
said Southwest quarter;
thence along said East line South 00°3048" West, for a distance of 70.00 feet to the POINT OF
BEGINNING.
Said parcel contains an area of 10,990 square feet or 0.2523 acres, more or less.
MWD APPRO ED
01K-1 /
F IFICArk-
KEN2N2E2T60H W.
GREEN x
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 12/14/2017 jb Chk: Appr: 616) d
Rev: 12/18/2017 IL; 01/29/2018 :lb 41041747"r ikktrate-.
Maricopa County Public Works - Real Estate Division EXPIRES 12 / 31 / 2020
GRANTOR r. DATE 07 '2 7,10r
EXHIBIT "A"
Page 1 of 2

NO, BEARING LENGTH
Li N 00°30'48" E 65.00'
N 89°37'12" W 157.00'
L3 N 00°30'48" E 70,00'
L4 S 89°37'12" E 157.00'
L5 S 00°30'48" W 70.00' MWD 157' (1
FEE TITLE PROPERTY
CD Not to Scale
Book 376, Pg 317 C
And
Docket 1575, Pg 62
Drainage
Easement
EXIST RNI/ L2
Ismoomt
FOB
SEC LN
N89°37'1 2"W 2649.04' 889°36 153"E 2637.52'
CAMELBACK ROAD
EXIST R/W
I EXIST R/VI/
MWD 75' Beardsley Canal
Fee Title RAN
1 1 Bk 14, Pg 35 & Bk 24, Pg 3
Federal Grant 06629
Bk 376, Pg 317 & Bk 584, Pg 18
o d Land 6,
22260
KENNETH W.
GREEN
Page 2 of 2
Total Req'd. Drainage Easement Area: 10,990 square feet or 0.2523 acres EXPIRES 12131 12 31 /2020
MARICOPA COUNTY
CAMELBACK ROAD AT BEARDSLEY CANAL - DRAINAGE EASEMENT
PROJECT No. TT520 ITEM No. D23426-2 DATE 12/14/2017 MARICOPA COUNTY RAN AGENT S.R.

RESOLUTION 1341
A RESOLUTION OF THE BOARD OF DIRECTORS OP'
MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT
NUMBER ONE (MWD) PROVIDING FOR THE EXECUTION OF CERTAIN
DOCUMENTS REQUIRED WITHIN TIIE DEVELOPMENT AGREEMENTS
BETWEEN DEVELOPERS AND MWD
WHEREAS, MWD has entered into, or will enter into the future, as approved by
the MWD Board of Directors, development agreements with developers as a result of
certain lands within the MW]) service area being converted to urbanized areas and
subdivided into high density parcels;
WHEREAS, in order to properly implement these development agreements,
certain documents are necessary wherein MW]) agrees to abandon certain facilities and
property interests upon the receipt of similar facilities and property interests in other
locations;
WHEREAS, the MW]) Board of Directors believes it is in MWD's best interest to
expedite the requirements for execution of the implementing documents;
WHEREAS, the MWD Board of Directors adopted Resolution 98-03 on the 10 th
day of February, 1998 to provide for the execution -of certain documents required within
the development agreements and to authorize certain individuals to execute and attest the
implementing documents; and
WHEREAS, a recent MW]) Administration organizational change, affects the
authorization provided for in Resolution 98-03 and a new authorization is necessary.
NOW, THEREFORE, BE IT RESOLVED, that the MWD Board of Directors
hereby authorizes and empowers any two among the General Manager, the Property and
Contracts Supervisor and Assistant Secretary to execute and attest all the necessary
implementing documents provided for in the development agreements.
PASSES, ADOPTED AND APPROVED by the MW]) Board of Directors this
18th day of November, 2013.
1
By:
eyto)i Woolf, President
Marickpa County Municipal Water
Conservation District Number One
Attest 14/ . 1°1(
t Conldin, ecretary
aricopa County Municipal Water
Conservation District Number One