E. D23426-4.PDF

Maricopa County — Formal (2018-03-21)

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WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Department
EXEMPT ARS 11-1134, A2
SLOPE EASEMENT
Parcel No.: 502-28-004E
Project No.: TT0520
Project Name: Camelback at Beardsley Canal
Item No.: D23424-4 (JR)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS MARICOPA 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 Two Hundred Seventy Four
and No/100 Dollars ($274.00) and other valuable consideration, receipt of which is hereby
acknowledged, do hereby grant and convey to MARICOPA COUNTY, a political subdivision
of the State of Arizona, hereinafter called the GRANTEE, and to its agents, successors and
assigns, a Slope Easement on, over, under and across the ground embraced within a parcel of
land situated in the County of Maricopa, State of Arizona, and described as follows:
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION
WHEREAS, the Owners of the following described property, situated in the County of Maricopa,
State of Arizona, which description represents the area desired by the County for the purpose of a
Slope Construction and Maintenance Easement, to-wit:
WHEREAS, the County is desirous of obtaining a perpetual easement, over, under and across the
above-described property for the purpose of locating, constructing, reconstructing, repairing, and
maintaining, highway construction embankment and excavation slopes made necessary by the
construction of a County Highway.
Page 1 of 4

Parcel No.: 502-28-004E
Project No.: TT0520
Project Name: Camelback at Beardsley Canal
Item No.: D23424-4 (JR)
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.
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 perform all the road construction work for the construction and maintenance of the
County highway including the maintenance of the aforesaid slope easement without cost
to the Grantors.
C. To perform all said improvement work in a workmanlike manner without damage to the
adjacent property.
D. To relinquish all rights granted herein to the above described property in the event that
the Grantors, their heirs, executors or assigns, shall at any time in the future excavate or
place an embankment upon the area herein described, to the level of the elevation of the
highway abutting thereon.
E. To pay the Grantor the sum of Two Hundred Seventy Four and No/100 DOLLARS
($274.00) as payment in full for the right-of-way described herein.
F. 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.
G. That no costs relating to construction of Project No. TT0520 will be charged to the
Grantor.
THE GRANTOR(S) AGREES:
1. To grant a slope 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 Two Hundred Seventy Four and No/100 DOLLARS ($274.00)
as payment in full for the right-of-way 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 "F"- above.
Page 2 of 4

Parcel No.: 502-28-004E
Project No.: TT0520
Project Name: Camelback at Beardsley Canal
Item No.: D23424-4 (JR)
Dated this day of
GRANTOR:
MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT
NUMBER ONE, a poli cal vubdivision of the State of Arizona
By: By: 4c)
Glen Vortherms
Its: Property & Contracts Supervisor Its: Assistant Secretaty
ACKNOWLEDGMENT
STATE OF ARIZONA
) ss
COUNTY OF MARICOPA )
On this ç2?' day of /7": e-i3 e go ey' , 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:
(Pejo oe- •20,1 DEBRA L. TRASANCOS
Notary Public - Arizona
Maricopa County
Expires 10/15/2020
Parcel No.: 502-28-004E
Page 3 of 4

Parcel No.: 502-28-004E
Project No.: TT0520
Project Name: Camelback at Beardsley Canal
Item No.: D23424-4 (JR)
RECOMMENDED FOR APPROVAL:
BOARD OF
APPROVED: SUPERVISORS -
APPROVAL ON NEXT
PAGE
Michelle Colby, SR/WA----- Date
Director, Real Estate Department
Approved as to form and within the powers
and authority of the Board of Supervisors
eAki,
Deputy County Attorney
Page 4 of 4

Parcel No.: 502-28-004E
Project No.: TT0520
Project Name: Camelback at Beardsley Canal
Item No.: D23424-4 (JR)
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By:
Chairman of the Board
ATTEST:
Date
Clerk of the Board of Supervisors
Page 5 of 5

EXHIBIT "A"
Parcel No. 502-28-004E
Camelback Road at Beardsley Canal
Project No. TT520
Item No. D23426-4
LEGAL DESCRIPTION FOR A SLOPE EASEMENT
Parcel SE:
A portion of the Southeast Quarter of Section 16, Township 2 North, Range 2 West ofthe Gila and
Salt River Base and Meridian, Maricopa 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 from 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 03653" East, a distance of 75.00 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 and the POINT OF BEGINNING; thence departing said right
of way North 00 030 148" East, a distance of 35.00 feet; thence South 89'36'53" East, a distance of 55.74
feet; thence South 00 02307" West, a distance of 15.00 feet; thence South 89 036153" East, a distance of
8.23 feet to a point on the Easterly line of that certain property as described in Docket 4739, Pg. 93-97
in the Maricopa County Recorder's office; thence along said Easterly line South 00 030'48" 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.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 7/24/2017 TL Chk: Appr:
Rev:
Maricopa County Public Works - Real Estate Division
GRANTOR OF— DATE ca--27.-/f-
EXHIBIT "A"
MWD APPROVED
Page 1 of 2 2-62
77/

Not to Scale
\Isms man
DETAIL A
LN
SEC
a. 7011 8
MID -67 9 co
2 47 BEARDSLEY 0 0 E•:,[
16 SEE DETAIL A
21 L3 502-28-958
Ar12-CO
502-28-007 L7
75.00 1, 'SEC LN
S89 037'12E 2649,04' S 89°36'53"E 2637.52'
CAMELBACK ROAD
EXIST R/W
502-29-353
NO, BEARING LENGTH
LI N 00030 148" E 65.00'
L2 N 00030 148" E 36,00'
L3 S 89036 153" E 55.74'
L4 S 00°23'07" W 15.00'
L5 S 8903653" E 8,23'
L6 5 00030 148" W 20.00'
L7 N 89°36'63" W 64.00'
PAGE 2 OF 2 Total Req'd. SE Area: 2,116 square foot or 0.0486 acres
MARICOPA COUNTY
CAM ELBACK ROAD AT BEARDSLEY CANAL - SLOPE EASEMENT
PROJECT No. 11520 ITEM NO. D23426-4 DATE 07/24/2017 MARICOPA COUNTY R/W AGENT G.M,S, 1

RESOLUTION 1341
A RESOLUTION OF THE BOARD OF DIRECTORS OF
MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT
NUMBER ONE (MWD) PROVIDING FOR THE EXECUTION OF CERTAIN
DOCUMENTS REQUIRED WITHIN THE 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 MWD 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 MWD agrees to abandon certain facilities and
property interests upon the receipt of similar facilities and property interests in other
locations;
WHEREAS, the MWD 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 MWD 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, ADOP 1ED AND APPROVED by the MWD Board of Directors this
18th day of November, 2013.
By:
Leyto Woolf, President
Man spa County Municipal Water
Conservation District Number One
Attest:
iny""C.toTildin, Secretary
aiicopa County Municipal Water
Conservation District Number One