Extracted text (via tesseract_tsv)
17551 characters
WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Division
EXEMPT ARS 11-1134, A2
EASEMENT FOR SIDEWALK
Parcel No.: 101-02-003H/101-02-004
Agt. SFH
Project No.: TTO511 Job # LJ62993
MC85; 107" Ave to 95" Ave We C 2s
Item No.: D22583 SAB?
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT,
an agricultural improvement district organized and existing under the laws of the State of Arizona
(“Grantor”), for and in consideration of the sum of Ten Dollars, and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey to
MARICOPA COUNTY, a political subdivision of the State of Arizona, together with any
governmental successor in interest, (“Grantee”), a non-exclusive easement over, across, and through
the Easement Parcel (defined below) for the following purpose: (i) the construction, installation,
maintenance and repair of a public sidewalk and appurtenances thereto, together with Grantee’s
ingress and egress to, from and throughout the Easement Parcel, and (ii) providing pedestrian access
over and across such public sidewalk (the “Easement”),
The lands in, upon, over, under, across, through and along which the Easement is granted are
situated in the County of Maricopa, State of Arizona, and are more particularly described as:
Easement Parcel:
See Exhibit “A” attached hereto.
The Easement is governed by the following terms and conditions:
I. Grantee Use. Grantee’s rights to use the Easement Parcel are subject to the following:
(a) Grantee shall not construct or install Improvements, or modify existing
Improvements, within the Easement Parcel without the prior written approval of Grantor, not to be
unreasonably withheld, conditioned or delayed. To request such approval, Grantee shall submit to
Grantor for its approval its construction and other development plans showing all proposed.
Improvements fo be located within the Easement Parcel, or any proposed alterations to the existing
Improvements. Grantee shall conduct all construction activities in a good and workmanlike manner.
Notwithstanding the foregoing, no plants may be installed within the Easement Parcel unless such
plants are drive-over ground cover from Grantor’s list of plants approved for use within easements
- and installed at locations prior approved in writing by Grantor. No trees may be installed within the
Easement Parcel. Nothing herein shall preclude or limit Grantee’s routine maintenance and repair of
existing public sidewalk improvements constructed pursuant to the terms of this Easement.
(b) All Improvements within the Easement Parcel shall be designed to support the set-up
of Grantor’s line maintenance vehicles. Grantee acknowledges that Grantor maintenance vehicles
result in a minimum loading of 320 pounds per square inch (PSI) applied to the ground surface under
a crane outrigger pad measuring 27 inches in diameter. Grantee further acknowledges that Grantor
will be required to temporarily close use of the sidewalk during any periods in which Grantor’s line
maintenance vehicles are set-up to access Grantor facilities.
(c) Grantee, at its own expense, shall maintain the Easement Parcel, including Grantee’s
Improvements thereon, in a good, sanitary and safe condition.
2. Grantor Access to Substation. Grantee acknowledges that the areas depicted on Exhibit B,
attached hereto, are areas reserved for access to the adjoining Substation (“Substation Access Areas”).
Without limiting Grantor’s approval rights set forth in paragraph 1, Grantee shall install, at a time
convenient to Grantee during Grantee’s construction of the public sidewalk project, the portion of the
sidewalk which crosses the Substation Access Area in the configuration and location shown on
Exhibit B. Except for the sidewalk, as depicted on Exhibit B, Grantee shall not construct, install or
place, or permit to be constructed, installed or placed, any Improvements within the Substation Access
Areas. Grantor at all times shall have the right of unrestricted access through and across the Substation
Access Area. Nothing set forth in this paragraph 2, limits the exercise of Grantee’s police power over
the adjacent road right of way, including the enforcement of public safety requirements that may arise,
on occasion, resulting in reasonable and temporary limitations of public access within and to such
road right-of-way.
3, Reservation of Rights, Grantor Construction. Grantor reserves the right to use and occupy
the Easement Parcel for any purposes that will not interfere with the rights and privileges granted
to Grantee hereunder. If any construction activity by Grantor or authorized by Grantor on the
Easement Parcel (“Grantor Construction”) damages any Grantee Improvements that are in
compliance with Grantee’s requirements hereunder, including without limitation the requirements
set forth in paragraphs | and 2 above, Grantor will promptly restore such Improvements to as close
to their condition prior to such damage as is reasonably possible at the expense of Grantor, As
used herein, “Grantor Construction” does not include work related to the use and set-up of
Grantor’s line maintenance vehicles to access Grantor’s facilities.
4. Perpetual Nature of Easement. The Easement, and Grantee’s rights hereunder, shall be
perpetual, and shall not terminate until, and unless abandoned through the recordation of a document
formally abandoning the Easement, which references this instrument and is executed and
acknowledged by Grantee.
5. Defined Terms. The term “Improvements” shall mean any pavement, structure, landscaping,
which includes without limitation both hardscape and softscape (i.e., soil, shrubs, and other plants),
or other thing constructed, installed or placed upon the Easement Parcel, or any additions or alterations
thereto.
6, Successors and Assigns, The benefits and burdens, and the covenants and agreements herein
set forth shall run with and burden the land and shall extend and inure in favor and to the benefit of,
and shall be binding on Grantor and Grantee and their successors and assigns.
7. Rights and Remedies Cumulative. The rights and remedies hereunder are cumulative, and
the exercise of any one or more of such rights or remedies shall not preclude the exercise, at the same
or different times, of any other right or remedy available.
8, Exhibits, Construction. Exhibit “A” and Exhibit “B” attached hereto are incorporated herein
with this reference.
9. Governing Law. This Easement shall be governed by and construed in accordance with
the laws of the State of Arizona.
10. Liens. Grantee shall pay or cause to be paid all costs for work done by Grantee or caused
to be done by Grantee on the Easement Parcel, and Grantee shall keep the Easement Parcel free
and clear of all mechanics’ liens and materialmen’s liens, professional service liens and other liens
on account of work done or materials supplied to Grantee or to the Easement Parcel at the request
of Grantee or any other person or entity acting on Grantee’s behalf. If any claim or lien is recorded
or asserted against the Easement Parcel or any interest therein or against the Grantor for materials
supplied or labor or professional services performed directly or indirectly for Grantee relating to
its construction activities upon the Easement Parcel, Grantee shall satisfy and discharge such lien
in accordance with applicable Arizona law, at the sole cost and expense of Grantee, within thirty
(30) calendar days of notice to Grantee of the existence or assertion of such claim or lien.
[Signatures Begin on Following Page|
WHEREOF, Grantor and Grantee have executed this Easement Agreement as
IN WITNESS
of the 23 “of May, 2017.
GRANTOR:
SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT, AND POWER DISTRICT
Ly/
BY: i
/ Vice President
nt / John R. Hoopes
ATTEST AND COUNTERSIGN:
/\ he TO Review dby SR
_
LE
5 1 9 1 1 9 1868 1184 111 52 92.972778 rvices
5 1 9 1 1 10 1993 1186 94 40 77.863289 Dept.
2 1 10 0 0 0 305 1220 1609 261 -1
3 1 10 1 0 0 305 1220 1609 238 -1
4 1 10 1 1 0 305 1220 1197 68 -1
5 1 10 1 1 1 305 1226 189 61 85.516785 Seerétary
5 1 10 1 1 2 505 1236 16 38 93.151382 /
5 1 10 1 1 3 528 1220 189 68 22.520390 Assistant
5 1 10 1 1 4 737 1220 194 68 22.520390 Seeretary-
5 1 10 1 1 5 1499 1284 3 2 37.357044 /
4 1 10 1 2 0 307 1287 1607 117 -1
5 1 10 1 2 1 307 1294 95 38 93.253220 John
5 1 10 1 2 2 413 1296 54 35 93.105408 M.
5 1 10 1 2 3 482 1293 129 48 90.095665 Felty
5 1 10 1 2 4 597 1288 25 57 88.776222 /
5 1 10 1 2 5 624 1292 338 37 81.803429 Lora-F-Hebaiea-
5 1 10 1 2 6 1412 1300 51 40 0.000000 -—
5 1 10 1 2 7 1472 1287 85 117 16.397505 I
5 1 10 1 2 8 1572 1299 158 84 25.034075 Cire
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“(Printed
Name)
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pates_
STATE OF ARIZONA )
) ss.
County of Maricopa }
The foregoing instrument was acknowledged before me on this, on this 2h day of
May 2017, by John R. Hoopes as President/Vice
,
President ‘and Sahn M. Felty as Secretary/Assistant-Seeretary of Salt River Project
Agricultural Improvement and Power District, on behalf of such district.
Andttuy C- Doe
Notary Public
RECOMMENDED FOR APPROVAL:
Siaple YEn al —_ftucabec dy, Loony Mt
dd Ser
-Way Agent Real Property Brfénch Managér
Right-of-
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
Date:
Deputy County Attorney
Exhibit A
EASEMENT PARCEL
[See legal description thereof on the following page]
Parcel No. 101-02-003H
Project No. TT511
MC-85 at 83"? AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107" AVENUE to 95 AVENUE
Item No. D22583
EXHIBIT “A”
LEGAL DESCRIPTION EASEMENT FOR SIDEWALK
A parcel of land being a portion of that property as described in Document 1990-0420834, Maricopa
County Records, lying within the Southwest quarter of Section 8, Township 1 North, Range 1 East of —
the Gila and Sait River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the Southwest corner of Section 8, from which the South quarter corner of said
Section 8 bears North 89°32'42" East, a distance of 2628.78 feet;
THENCE along the South line of said Section 8 North 89°32'42” East, a distance of 1500.06 feet;
THENCE departing said South section line North 00°02'43" West, a distance of 33.00 feet to the
existing North right of way line of MC 85, also being the Southwest corner of said property and the
POINT OF BEGINNING;
THENCE along said North right of way line North 89°32'42" East, a distance of 100.00 feet to the East
line of said property;
THENCE departing said North right of way line along said East property line North 00°02'43" West, a
distance of 22.56 feet to the beginning of a non-tangent curve, the center ‘of which bears South
01°14'56" East, a distance of 15055,00 feet;
THENCE departing said East property line westerly along the arc of said curve, through a central angle
of 00°22'50", for an arc distance of 100,03 feet to the beginning of a non-tangent line, also being the
West line of said property;
THENCE along said West property line South 00°02'43" East, a distance of 20.84 feet to the POINT
OF BEGINNING.
The above desctibed parcel contains 2,175 square feet or 0.0499 Acres more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION fe 220, “4
oF
Prelim: RES 8/10/16 | chk: | Appr: eo SSeoet F775 Lf
Shee
Rev:
Maricopa County - Real Estate Division EXPIRES 12/34/2017
GRANTOR DATE
EXHIBIT “A”
D22583
N.T.S.
Salt River Project Al & PD
101-02-003H
rr
{| Wo:
Ls i : YY ,
EXIST R. —— to
o> ; EXIST R/W — |
Ye ly - POB a &
1500.06" aw!
| N89°32'42"E 2628.78"
McC 85
a EXIST R/W
NO. BEARING LENGTH
L1. | N89°32'42"E 400.00"
L2 | N00°02'43"W 22.56'
13 | $00°02'43"E 20.84'
- L4 | N00°02'43"W 33.00!
NO. BEARING LENGTH
RBi | $01°44'56"E 45055,.00'
: KENNETH W.
No. | RADIUS : DELTA | LENGTH | TANGENT ; GREEN
Oe Met ty
C1 15055.00° | 00°22'50" | 400,03 50.02" Sines... A,
D22583 EASEMENT FOR SIDEWALK:
2,175 square feet or 0.0499 acres TRS S/BNT EXPIRES 12/31/2017
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
R/W Agent: P.M.
PROJECT No, TT511 ITEM No, D22583 DATE 9-15-16 M.C.D.0.T, Tech: KH
Parcel No. 101-02-004
Project No. TT511
MC-85 at 83"* AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107" AVENUE to 95 AVENUE
Item No, D22582
EXHIBIT “A”
LEGAL DESCRIPTION EASEMENT FOR SIDEWALK
A parcel of land being a portion of that property as described in Docket 1660, Page 372, Maricopa
County Records, lying within the Southwest quarter of Section 8, Township 1 North, Range 1 East of
the Gila and Salt River Base and Meridian, Maricopa County, Atizona, being more particularly
described as follows:
COMMENCING at the Southwest comer of Section 8, from which the South quarter corner of said
Section 8 bears Notth 89°32'42" East, a distance of 2628.78 feet;
THENCE along the South line of said Section 8 North 89°32'42" East, a distance of 1349,95 feet;
THENCE departing said South section line North 00°27'18" West, a distance of 50.00 feet to the
existing North right of way line of MC 85, also being the South line of said property and the POINT
OF BEGINNING;
THENCE along said North right of way line North 89°32'42" East, a distance of 150.47 feet to the East
line of said property;
THENCE along said East property line North 00°02'43" West, a distance of 3.84 feet to the beginning
of a non-tangent curve, the center of which bears South 01°37'46" East, a distance of 15055,00 feet;
THENCE westerly along the arc of said curve, through a central angle of 00°34'23", for an arc distance
of 150.54 feet to the POINT OF BEGINNING.
The above described parcel contains 308 square feet or 0.0071 Acres more or less.
Page 1 of 1
TRS F./F-t7
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RES 8/10/16 _| Chk: Appr:
Rev:
Maricopa County - Real Estate Division EXPIRES 42/31/2017
GRANTOR DATE
EXHIBIT “A”
NTS D22582
SRPAI&PD
101-02-004
EXIST R/W 3! &
ra) : oD
“9
5 . |
1349.95" ae \x
N89°32'42°E 2628.78" SEC LN
MC 85
~~~
EXIST R/IW AT
NO, BEARING LENGTH RTE
L1 N 89°32'42" E 150,.47'
L2 N 00°02'43" W 3.84
L3 N 00°27'18" W 50.00°
NO. BEARING LENGTH
RB1 S$ 01°37'46" E 15055.00'
NO. RADIUS DELTA LENGTH | TANGENT
C1 45055.00° | 00°34'23" 150.54' 75.27'
D22582 Easement for Sidewalk:
feet 0.0071 acres TES SulBl FA EXPIRES 12/31/2017
308 square or
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
RW
PROJECT No. TTS41 ITEM No. D22582 DATE 5-10-17 | M.C.D.O.T. Ageni: PM:
Exhibit B
SUBSTATION ACCESS AREAS
SIDEWALK LOCATION WITHIN ACCESS AREAS
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