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WHEN RECORDED RETURN TO:
Maricopa County Public Works
Real Estate Division
EXEMPT ARS 11-1134, A2
EASEMENT AND AGREEMENT FOR HIGHWAY
PURPOSES
Project No.: TT0540
Project Name: Power Road at Olney Avenue - SS
ROOSEVELT WATER CONSERVATION DISTRICT, an Arizona irrigation and water
conserviation district ("Grantor"), for and in consideration of the sum of One Dollar and other
valuable consideration, receipt of which is hereby acknowledged, does hereby grant to
MARICOPA COUNTY, a political subdivision of the State of Arizona, its successors, and
assigns ("Grantee"), a permanent non-exclusive easement and right-of-way, for the following
purposes, namely: The right to enter upon the hereinafter described land and grade, regrade,
level, fill, drain, pave, elevate, build, maintain, repair and rebuild including changing the grade, a
road or highway, including incidental purposes consistent therewith, together with such bridges,
culverts, ramps and cuts as may be necessary, on, over, under, and across the ground embraced
within the right-of-way situated in the County of Maricopa, State of Arizona, and described as
follows:
SEE EXHIBIT "A" ATTACHED
To have and to hold the said easement and right-of-way unto Grantee forever, together with the
right of ingress and egress to permit the economical operation and maintenance of said public
highway and all incidents thereto, and together with the right to authorize, permit, and license the
use thereof for utilities or other public purposes not inconsistent with its primary use as a
highway.
And Grantor hereby covenants that it is lawfully seized and possessed of this aforementioned
tract or parcel of land; that it has a good and lawful right to sell and convey it; and that it accepts
the consideration paid hereunder as full compensation for the rights provided herein.
Project No.: TT0540
Project Name: Power Road at Olney Avenue — SS
Grantee agrees that any improvements permitted by this easement that Grantee or any permitteee
or licensee of Grantee seeks to construct or install within the area of the easement property shall
(0 be approved by Grantor in writing and in advance of commencement of construction or
installation activity and (ii) satisfy Grantor's utility separation requirements.
Grantor reserves the right to use and occupy the easement property for all irrigation district
purposes and consistent with the rights and privileges above granted, provided, however, that
such use shall not unreasonably interfere with Grantee's right and ability to access, maintain, and
use the easement property for the purposes provided herein. Any construction, use, operation,
maintenance, relocation, or removal activity of Grantor shall be performed in a manner designed to
avoid, to the extent feasible, disturbance to Grantee's use and enjoyment of the easement property.
Grantor shall incur no liability for any costs of repairing or replacing Grantee's improvements as
may be damaged as a result of Grantor's use of the easement property or Grantor's construction,
use, operation, maintenance, repair, or reconstruction of its facilities, unless due to negligent or
willful acts or omissions of Grantor or its agents or employees.
The said easement to include the right to cut back and trim such portion of the branches and tops
of the trees now growing or that may hereafter grow upon the above described premises, as may
extend over said right-of-way, so as to prevent the same from interfering with the efficient
maintenance and operation of said public highway.
In the event the right, privilege and easement herein granted shall be abandoned and permanently
cease to be used for the purposes herein granted all rights herein granted shall cease and revert to
the grantors, their heirs or assigns.
Wherever in the foregoing instrument the plural is used, it will be read as singular when
necessary, and whenever words indicating gender are employed they will apply to either
masculine, feminine or neuter as the context requires.
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 for the general welfare and benefit of the public.
THE GRANTOR AGREES:
I. To grant an easement for the property described herein to the County of Maricopa and/or
its agents for the general welfare and benefit of the public.
Project No.: TT0540
Project Name: Power Road at Olney Avenue - SS
Dated this iI day of , 20/ 7 .
GRANTOR: ROOSEVELT WATER CONSERVATION DISTRICT
sat PA- 1----- A4 1UI'-
(Title)
STATE OF Ky. ‘-7, 0Y-1 CA
) §
COUNTY OF 0\cLic cop°,
The foregoing instrument was acknowledged before Arne this day of VS+ , 2017,
by .5harie Leonaroi , the 6-1-e. ( ycLe ittanal of the
ROOSEVELT WATER CONSERVATION DISTRICT, an irrigation district organized and
existing under the laws of the State of Arizona ("RWCD") on behalf of RWCD.
My Commission Expires it)/14S , 2, olq
Notar37Public Vignature)
OFFICIAL SEAL
TABATHA LANGLAND
NOTARY PUBLIC - State of Arizona
MARICOPA COUNTY
My Comm. Explras July 5,2019
Notary Stamp Seal
Project No.: TT0540
Project Name: Power Road at Olney Avenue - SS
RECOMMENDED FOR APPROVAL:
(
Right-of-Way Ag0 Real Property Branch Manager
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
Project No. TT0540
POWER ROAD AT OLNEY AVENUE
EXHIBIT "A"
LEGAL DESCRIPTION
Two Parcels lying within the West half of Section 7, Township 1 South, Range 7 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
Parcel 1
The North 20 feet of the East 20 feet of the West 65 feet of the Southwest quarter of said Section 7,
containing 400.00 square feet or 0.0092 acres more or less.
Parcel 2
The South 20 feet of the East 20 feet of the West 65 feet of the Northwest quarter of said Section 7,
containing 400.00 square feet or 0.0092 acres more or less.
The above described parcel contains 800 square feet or 0.0184 acres more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 07/14/17 jb Chk: Appr:
Rev:
Marico pa County Public Works - Real Estate Division EXPIRES 12 / 31 /2017
GRANTOR DATE
EXHIBIT "A"
N.T.S.
65.00'
EXIST. R/W
304-17-877
20.00' PROP LINE
PARCEL 2
ONLEY AVENUE
UNASSESSED
---- UNASSESSED y
PARCEL 1
20.00' PROP LINE
N.) 304-05-017M
C2)
C2) EXIST. RAN
65.00'
PARCEL 1 NEW RNV EASEMENT 400 SQUARE FEET OR 0.0092 ACRES
PARCEL 2 NEW R/W EASEMENT 400 SQUARE FEET OR 0.0092 ACRES
TOTAL NEW RAN EASEMENT 800 SQUARE FEET OR 0.0184 ACRES
SHEET 1 OF 1
MARICOPA COUNTY DEPARTMENT of TRANSPORTATION
POWER ROAD AT OLNEY AVENUE EXPIRES 12/31/2017
PROJECT No.1T0540 DATE 07 -14 -2017 M.C.D.O.T. R/W Agent: SS.
Tech: jb