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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