K. D23461-2.PDF

Maricopa County — Formal (2017-11-08)

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WHEN RECORDED RETURN TO:
Maricopa County Real Estate Division
Exempt ARS 11-1134,A2
DRAINAGE EASEMEN T
Parcel No.: 219-23-013A
Project No.: TT0408
Project Name: Palm Lane Drainage Project
Project Termini: (78 th Street to Hawes Road)
Item No.: D23461-2 (SS)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS Don G. Peters, Trustee of the Don G. Peters Trust dated October 5, 2005
hereinafter called the GRANTOR, for and in consideration of the sum of One Thousand Three
Hundred and No/100 DOLLARS ($1,300.00) 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 drainage easement for the purpose of constructing and maintaining the
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.
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Page 1 of 4

EXHIBIT "B"
Parcel No.: 219-23-013A
Project No.: TT0408
Project Name: Palm Lane Drainage Project
Project Termini: (78 th Street to Hawes Road)
Item No.: D23461-2 (SS)
THE COUNTY OF MAR1COPA 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 Three Hundred and No/100 DOLLARS
($1,300.00) 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, TT0408 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 Three Hundred and No/100 DOLLARS
($1,300.00) 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 "above.
Page 2 of 4

Parcel No.: 219-23-013A
Project No.: TT0408
Project Name: Palm Lane Drainage Project
Project Termini: (78 th Street to Hawes Road)
Item No.: D23461-2 (SS)
Dated this 24:7 day of ae7725F,R___ , 20 .
Grantor(s): Don G. Peters, Trustee of the Don G. Peters Trust dated October 5, 2005
aim
Don G. Peters as Trustee
STATE OF kr .y‘f-VA
COUNTY OF V\ Or
The foreqg nt was acknowledged before me this C3 Lp day of
2017, by\, n v-e)\--os , as Trustee.
Notary Stamp Seal
Page 3 of 4

Parcel No.: 219-23-013A
Project No.: TT0408
Project Name: Palm Lane Drainage Project
Project Termini: (78 th Street to Hawes Road)
Item No.: D23461-2 (SS)
RECOMMENDED FOR APPROVAL:
thfe„,11--- 7
Rrght-of-Way Agent Real-P-ropeity-Br-ane ger
reffi 6/ Ilby pvor
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

Parcel No. 219-23-013A
Project NO. TT408
Palm Lane
78th Street to Hawes Road
Item No, D23461-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A portion of that certain parcel described in Document 2013-0047082, Records of the Recorder of
Maricopa County, lying within the Southeast quarter of Section 32, Township 2 North, Range 7 East of
the Gila and Salt River Base and Meridian, Maricopa County , Arizona, said portion more particularly
described as follows:
Commencing at a PK Nail marking the Southwest corner of the Northeast quarter of the Southeast
quarter of said Section 32, from which a PK Nail marking the Northwest corner of the Southwest
quarter of the Southeast quarter of said Section 32, bears North 89°47'06" West, a distance of
1319.83 feet;
thence North 89°47'06" West, a distance of 248.50 feet;
thence North 00°12'54" East, a distance of 30.00 feet to a point on the northerly right of way of Palm
Lane, said point being the Point of Beginning;
thence North 89°47'06" West along said right of ray of Palm Lane, a distance of 33.70 feet;
thence North 00°00'00" East departing said right of ray, a distance of 16.48 feet;
thence South 90°00'00" East, a distance of 33.76 feet;
thence South 00°1254" West, a distance of 16.61 feet to the Point of Beginning.
The above described parcel contains 558 square feet or 0.0128 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 8/17/2017 KH Chk: Appr: v 0
Rev:
Maricopa County Public Works - Real Estate Division
GRANTOR h/g/ DATE /P 2i1 '917
EXHIBIT "A"
Page 1 of 1

END REAR Not to Scale
NE COR NE4 SE4
S32 T2N, R7E
D23461 c.1 co
DON G PETERS
DON G PETERS TRUST 11W
219-23-014F 219-23-013A 0'03
PUG
END PK NAIL END PK NAIL
NW COR SW4 SE4 SW CUR NE4 SE4 N00°1
S32 T2N, R7E S32 T2N, R7E
219-23-0180 219-23-018E 219-23-018F
c‘i
1/16TH CUR
SEC 32 T2N, R7E
NO. BEARING LENGTH END 34 MCDOT BRASS CAP
Li NOOD12 154"E 30.00'
L2 N89°47'06"W 33.70'
L3 N00°00'00"E 16.48'
L4 890°00 100"E 33.76'
L5 S00°12`54"W 16.61'
DRAINAGE EASEMENT AREA: 558 SQUARE FEET or 0.0128 ACRES
MARICOPA COUNTY
PALM LANE - 78TH STREET TO HAWES ROAD
PROJECT No. TT408 ITEM No. D23461-2 DATE 08/17/2017 MAR1COPA COUNTY R/W AGENT S.&