Q. D23304.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Division
EXEMPT ARS 1l-1134,A2
EASEMENT FOR SIDEWALK AND LATERAL SUPPORT
Parcel No.: 304-90-438C R/W# 3273 Agt.
Project No.: 17406 Riggs Road Job # 1165440
(Power Road to Hawes Road) C
Item No.: D23304 [JR] .1.2,547
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, (ii) providing pedestrian access over
and across such public sidewalk, and (iii) providing lateral support to the adjacent public road right-
of-way, and the road Improvements installed therein (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:
1. 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 to 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.
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 I, 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. Any construction activity by Grantor or authorized by Grantor on the
Easement Parcel ("Grantor Construction") shall maintain the lateral support for any road
Improvements then installed on the adjacent public right-of-way. Further, if any Grantor
Construction damages any Grantee Improvements that are in compliance with Grantee's
requirements hereunder, including without limitation the requirements set forth in paragraphs I
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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 hardseape and sofiscape (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]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as
of the of April, 2017.
GRANTOR:
SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT
BY:
ei4/zIerit IVie&resident
/ John R. Hoopes
eefetary /
John M. Felty / Letra-f.-licrbaiefr-
STATE OF ARIZONA
County of Maricopa
The foregoing instrument was acknowledged before me on this, on this 11"' day of
April , 2017, by :Fa 1,,, "1 R. Huope5 as President/Vice
President and ;Tv k 0% M. rf_ihi as Secretary/ ' • ry of Salt River Project
Agricultural Improvement and Power District, on behalf of such district.
Notary Public
ANDREW C. DAVIS
Navy - State of Mecca
MARICOPA COUNTY
My Commission Expires
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Parcel No.: 304-90-438C
Project No.: TT406 Riggs Road
(Power Road to Hawes Road)
Item No.: D23304 [JR]
RECOMMENDED FOR APPROVAL:
Afty /17
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

Exhibit A
EASEMENT PARCEL
[See legal description thereof on the following page]

EXHIBIT A
The East 10.0 feet of the following described parcel:
The North 300.0 feet of the East 380.0 feet of the Southeast quarter of the Southeast quarter
of the Southeast quarter of Section 30, Township 2 South, Range 7 East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona;
EXCEPT the East 55.0 feet.

Exhibit B
SUBSTATION ACCESS AREAS
SIDEWALK LOCATION WITHIN ACCESS AREAS
[See depiction thereof on the following page]

EXHIBIT B
6' -0"
- PIN —300. 00 1—
6' -0" : -0"
MIN MIN
SRP
BATEMAN SUBSTATION
PROPERTY
I- o' —0"
SIDEWALK
EASEMENT 11.()
SOSSAMAN ROAD In