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STATE LAND DEPARTMENT
STATE OF ARIZONA
AMENDMENT TO RIGHT OF WAY
NO. 16-112917
The Right of Way between the State of Arizona, Grantor, and
MARICOPA COUNTY
Grantee, by mutual consent, has been amended as follows:
0.02 acre described as M&B thru SESESW, in Section 11 of Township 4 North, Range 1
West, has been added as requested. Additional conditions have been added as required.
The attached Appendix A has been adjusted accordingly.
This Right of Way Amendment, when executed by the State Land Commissioner (Grantor)
and the above mentioned Grantee and is affixed to the original Right of Way, shall be in full
force and effect. All other terms and conditions of the Right of Way apply and shall remain
in full force and effect.
IN WITNESS HEREOF, the parties hereto have signed this Right of Way effective the day
and year set forth previously herein.
STATE OF ARIZONA, GRANTEE
Arizona State Land Commissioner
By: Date
(SEAL)
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 1 of 18
These Additional Conditions are attached to and made a part of the Right of Way
boiler plate form (the "Boiler Plate"). The term "Section" when used in these Additional
Conditions shall be deemed to refer, to the,Section numbers of the text in the Boiler Plate.
The term "Paragraph" when used in these Additional Conditions shall be deemed to refer to
the Paragraph numbers of the text in these Additional Conditions. The term "Right of Way"
shall mean the Boiler Plate as supplemented by these Additional Conditions.
The terms and conditions set forth in these Amended Additional Conditions to Right
of Way No. 16-112917-00-001 (the "Amended Additional Conditions") amend and
supplement the current Arizona State Land Department Right of Way No. 16-112917-00-000
granted by the State of Arizona ("Grantor") to MARICOPA COUNTY ("Grantee"),
together with the current Additional Conditions applicable thereto (the current Right of
Way and current Additional Conditions, collectively, the "Original Grant", and as amended
and supplemented by these Amended Additional Conditions, the "Right of Way"). In the
event of a conflict between the Original Grant and these Amended Additional Conditions,
these Amended Additional Conditions shall control, but in all other respects, the Original
Grant, as amended and supplemented by these Amended Additional Conditions, shall
continue in full force and effect.
1. LEGAL DESCRIPTION, RENT ANDTURPOSE
1.1 A legal description and/or a visual depiction of this Amended Right of Way
is/are detailed in EXHIBIT A attached hereto. Subject to Grantor's rules and policies then
in place, and as a result of construction-related restrictions, Grantor and Grantee may agree
to modify the legal description by the Grantee submitting "as built" or "proposed
realignment" legal descriptions, depending on the situation, to Grantor for Grantor's review.
If approved by Grantor, and additional acreage is impacted, Grantee agrees to pay an
appraised or pro-rated charge as Grantor determines is appropriate. No refund will be made
for a reduction in acreage.
1.2 Grantor reserves the right to grant additional access rights, or any other rights
not in conflict with the rights granted herein, to other parties at the Grantor's sole discretion.
1.3 This Right of Way Amendment is for the purpose of a Public Roadway and
does not permit any underground or above ground facilities without proper rights
authorized or issued by Grantor, assignees or its successors.
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 3 of 18
for a plan to restore and rehabilitate disturbed areas remaining once construction has been
completed. The plan shall include, but not be limited to, reseeding, reforestation, erosion
control, and watershed protection measureg.
2.9 For ground disturbance after Commencement Date of this Right of Way
Amendment: All rock brought to the surface along with topsoil and overburden from the
affected State Trust lands shall be salvaged and stockpiled separately in a manner that
replacement shall utilize one hundred (100%) percent of the materials upon completion of
construction. Excess rock unsuitable for scattering shall be disposed of in a manner and
location that is authorized by the Grantor.
2.10 Grantee shall maintain the Right of Way grant area in the manner described
above during the term of this easement. Grantee agrees to complete any necessary
restoration and rehabilitation to the satisfaction of the Grantor within ninety (90) days of
written notification of non-compliance, or such longer period of time as mutually determined
to be necessary to restore and/or rehabilitate subject land.
3. ENVIRONMENTAL MATTERS AND INDEMNITY
The following conditions shall supplement the terms and provisions governing
environmental matters as set forth hi the Right of Way boiler to which these Conditions are
stated below.
3.1 For purposes of this Right of Way, the term "Environmental Laws" shall
include but not be limited to any relevant federal, state or local environmental laws, and the
regulations, rules and ordinances, relating to environmental matters, and publications
promulgated pursuant to the local, state, and federal laws and any rules or regulations
relating to environmental matters. For the purpose of this Right of Way, the term
"Regulated Substances" shall include but not be limited to substances defined as "regulated
substance", "solid waste", "hazardous waste", "hazardous materials", "hazardous
substances", "toxic materials", "toxic substances", "inert materials", "pollutants", "toxic
pollutants", "herbicides", "fungicides", "rodenticides", "insecticides", "contaminants",
"pesticides", "asbestos", "environmental nuisance", "criminal littering", or "petroleum
products" as defined in Environmental Laws.
3.2 Grantee shall strictly comply with all Environmental Laws, including, without
limitation, water quality, air quality; and handling, transportation, storage, treatment, or
disposal of any Regulated Substance'on, miller, or from the Subject Land. Without limiting
the foregoing, compliance includes that Grantee shall: (1) comply with all reporting
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 5 of 18
Land arising out of any violations of Environmental Laws. If Grantee fails to obtain any
assessments required by Grantor, Grantee shall pay the entire costs of any and all
assessments required by Grantor, notwithstanding the expiration or termination of the Right
of Way.
3.7 Prior to the termination of the Right of Way, Grantee shall restore the Subject
Land by removing any and all Regulated Substances. In addition, the restoration shall
include, but not be limited to, removal of all waste and debris deposited by Grantee. If the
Subject Land or any portions thereof are damaged or destroyed from the existence or
presence of any Regulated Substance or if the Subject Land or any portions thereof are
damaged or destroyed in any way relating to or arising out of the removal, treatment,
storage, disposition, mitigation, cleanup or remedying of any Regulated Substance, Grantee
shall arrange, at its expense, for the repair, removal, rem ediation, restoration, and
reconstruction to the Subject Land to the original condition existing on the date that Grantee
first occupied the Parcel, to the satisfaction of Grantor. In any event, any damage,
destruction, or restoration by Grantee shall not relieve Grantee from its obligations and
liabilities under this Right of Way. Grantee's restoration obligations under this Section shall
survive the expiration or the termination of the Right of Way.
3.8 Grantee shall defend, indeninify and hold Grantor harmless from and against
any and all liability, obligations, losses, damages, penalties, claims, environmental response
and cleanup costs and fines, and actions, suits, costs, taxes, charges, expenses and
disbursements, including legal fees and expenses of whatever kind or nature (collectively,
"claims" or "damages") imposed on, incurred by, or reserved against Grantor in any way
relating to or arising out of any non-compliance with any Environmental Laws, the existence
or presence of any Regulated Substance, on, under, or from the Subject Land, and any claims
or damages in any way relating to or arising out of the removal, treatment, storage,
disposition, mitigation, cleanup or remedying of any Regulated Substance on, under, or from
the Subject Land by Grantee, its agents, contractors, or subcontractors.
3.9 This indemnity shall include, without limitation, claims or damages arising out
of any and all violations of Environmental Laws regardless of any real or alleged fault,
negligence, willful misconduct, gross negligence, breach of warranty, or strict liability on the
part of any of the indemnitees. This indemnity shall survive the expiration or termination
of this Right of Way and/or transfer of all or any portion of the Subject Land and shall be
governed by the laws of the State of Arizona.
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 7 of 18
4.5 If vegetation is authorized by Grantor to be removed and/or destroyed, and
prior to any ground disturbance, Grantee. agrees to file the appropriate Notice of Intent to
Clear Land in accordance with A.R.S. § 3-905 Destruction of Native Plants by State.
4.6 Grantee shall preserve or relocate all protected plants, if viable and feasible,
on or adjacent to the work site that will not interfere with the work required.
4.7 Grantee shall only remove protected plants when specifically authorized to do
so, and avoid damaging vegetation that will remain in place. If the Grantee or its contractors
are authorized to remove any protected plants from State Trust land for replanting off of
State Trust land, a permit from the Department of Agriculture is required.
4.8 Grantee shall contact the Arizona Department of Agriculture for further
information or permit requirements related to native protected plants.
4.8.1 A survey may be required to determine if protected plants are present
and if plants must be salvaged. Grantee shall contact the Arizona Department of Agriculture
at least sixty (60) days before commencement of any salvage work.
4.9 Grantee shall minimize the removal of existing vegetation within the project
area to the greatest extent possible.
4.10 Grantee shall salvage or replant cactus and other protected plants.
4.11 Grantee is prohibited to blade, scrape or remove any existing vegetation
without authorization from Grantor.
5. SERVICE / ACCESS ROADS
5.1 Grantee shall acquire any permits necessary prior to the construction and
maintenance of its service roads. Grantee shall construct new service roads with widths as
narrow as possible.
5.2 Material for service road construction and maintenance (i.e. fill dirt, sand and
gravel, etc.) may not be acquired from State Trust lands without the proper permits and
authorization.
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 9 of 18
7. MISCELLANEOUS
7.1 The Grantee, or its successors or assigns, shall relocate that portion(s) of the
Public Roadway, and any associated appurtenances or portion(s) thereof associated with or
affecting Rights of Way (together, the "Rights of Way"), if any Lessee, Grantee and/or
Permittee of the Leases, Rights of Way and/or Permits determines in its reasonable
discretion that relocation is necessary to effectuate the purpose(s) of Leases, Rights of Way
and/or Permits during the term of this Right of Way. Grantee shall not be responsible for
any costs associated with the relocation of its Public Roadway or any associated
appurtenances.
7.2 Grantee shall not alter nor cause ponding, nor any damage up or down stream
of any water crossing.
7.3 No altering of existing drainages or drainage structures is authorized under
this instrument.
7.4 If any provision or agreement of this Right of Way is found invalid by any
tribunal, such invalidity shall not affect the validity of the remaining provisions hereof.
7.5 The following provision shall be deemed added at the end of Section 6.2 of
Article 6 of the Right of Way to whicIrthestAdditional Conditions are attached as if set forth
therein verbatim:
"Any violation by Grantee of any of the terms of this Right of Way constitutes
a breach. Upon a breach by Grantee which is not cured within sixty (60) days
after the date a notice of breach is sent by certified mail to Grantee to the most
recent address for Grantee as shown in the files of Grantor, this Right of Way
shall become void and the right to use the Subject Land and all of the rights of
Grantee hereunder shall revert to Grantor at the expiration of the aforesaid
sixty (60) day period."
7.6 Attached hereto as EXHIBIT B is an insurance rider which shall supplement
the terms and provisions governing insurance as set forth in the Right of Way form to which
these Additional Conditions are attached. Grantor reserves the right to amend EXHIBIT B
as and when the Arizona Department of Administration requires revisions to the insurance
requirements applicable to Arizona State Trust Land.
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 10 of 18
8. EXHIBITS
8.1 The following exhibits are attached to these Additional Conditions and made
a part hereof:
EXHIBIT A Legal Description and/or Visual Depiction of Right of Way
EXHIBIT B Insurance Rider
BY SIGNATURE BELOW, ALL TERMS ARE
AGREED TO AND ACCEPTED BY GRANTEkuS—V-
By:
AXX\
Title: iACeC
Dates
[Remainder of this page left blank intentionally'
RECOMMENDED FOR APPROVAL:
Dennis Lindsey Jennifer Toth, P.E.
Chief Real Estate Officer Director, Maricopa County Department
of Transportation
ACCEPTED AND APPROVED
MAR] COPA COUNTY BOARD OF SUPERVISORS
By
Chairman of the Board
Before me, , Notary Public in and for said County, State
of Arizona, on this day acknowledges
known to me to be the person whose name is subscribed to the foregoing instrument as the
Chairman of the Board of the Political Subdivision described in the foregoing instrument.
Given under my hand and seal of the office this day of , 20
My Commission Expires
Notary Public (signature)
Approved as to form and within the powers
and authority of the Board of Supervisors
Approved as to form
Deputy Maricopa County Attorney
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 11 of 18
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
That portion of the South half of the. Southwest quarter (S'4S1,V1/4) of Section 11, Towns -hip 4 North,
Range 1 West, Gila and Salt River Meridian, Ivlarioopa County, Arizona, described as follows:
COMMENCING at a Maricopa County brass cap marking the South quarter corner of said Section 11,
being South 00°04'11' 1 E3st 2644A0 feet from an aluminum cap on a 5/8 inch rebar stamped "LS 21080"
marking the Center quarter corner of said Section 11;
thence along the South line of said Section 11, North 89'43 159" West 137.56 feet to the PONT OF
BEGINNING.
thence continuing along the South line of said Section 11, North 89°43 159" West 2498.24 feet to the
Southwest corner of said Section 11, being an aluminum cap on a 5/8 inch re-bar stamped "LS 21080";
thence along the West line of said Section 11, North 0006'51" West 50_00 feet to the north line of the
existing Maricopa County 50 feet wide Roadway Right of Way easement, document number 09-0337103,
SLD Right of Way No. 16-112917;
thence along said north line, South 8943'59" East 2445.50 feet to the Southwest corner of the new
Maricopa County Right of Way easement;
thence North. 02°38'03" West 39,52 feet;
thence South 89°43'59" East 62,14 feet to the existing westerly Right of Way line of El Mirage Road;
thence along said existing westerly right of way line South 0238'03" East 18.47 feet;
thence South 86°51'26" West 11.96 feet •
thence from a Local Tangent Bearing of South 03'08'34"East, along a curve, to the Right, having a radius
of 9875.05 feet, a length of 70.41 feet to the POINT OF BEGINNING.
Comprising an area of 127,059 square feet more or less, also containing 2;207 square feet of new County
Right of Way easement area.
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 12 of 18
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
-" EXIST R/W
DATA T AHL E
C114 Corner
1 S8651` 26"W 1 L 96' AlUtt)InUrn Cop
2 R=9875.05 L20,34 on 5/8 4. Rebdr
LTB 503°08' 34"E StdiTIX'd "LS 21088"
3 N89°43' 59"W 50. 32'
4 NO2°38' 03"W 39. 5,?!
5 S89 43' 59" E 62. 1 4 '
6 S02'38' 03"E 18. 47'
k21/60),
System United States State Plane
Zone: h.rizona Central 020?
Datum: North American 1983 (Conus)
Equivalent to ViGS-84
Geoid Model: CEO 1D99 (Continental US)
Grid Adjustment Factor: 1.00016
Scale Origin; N 0.000 E = 0.000 T.4N.
MI bearings are grid bearings.
MI distances aro ground distances
NEW COUNTY R/W
Section Corner
Aluminum Cap MARIC0P4 co,
on 5/8' Reim(
r Stamped "LS 21080" POB
NJ 1/4 Corner
Mar/cope County
(3) Bross Cop Flush
NEW
S89 043'59"E 2635.81'
N
I51]4 125.96'
0 25 50
Scale
...\ENhibra.thu,
AMENDMENT ADDITIONAL CONDITIONS
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AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 14 of 18
EXHIBIT B
INSURANCE RIDER TO STATE LAND DEPARTMENT
This Rider is attached to and made a part of the above-referenced Right of Way as if
set forth therein verbatim.
R-1 Indemnity. Each party (as "Indemnitor") agrees to indemnify, defend, and
hold harmless the other party (as "Indemnitee") from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "Claims") arising out of bodily injury of any person (including death) or
property damage, but only to the extent that such Claims which result in vicarious/derivative
liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other
fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
In addition, Grantee shall cause its contractor(s) and subcontractors, if any, to
indemnify, defend, save and hold harmless the State of Arizona, any jurisdiction or agency
issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee")
from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorneys' fees, and costs of claim processing, investigation and
litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury
(including death), or loss or damage io tangible or intangible property caused, or alleged to
be caused, in whole or in part, by the negligent,or, willful acts or omissions of Grantee's
contractor or any of the directors, officers, agents, or employees or subcontractors of such
contractor. This indemnity includes any claim or amount arising out of or recovered under
the Workers' Compensation Law or arising out of the failure of such contractor to conform
to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances, except for Claims
arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by such contractor from and against any and all claims. It is agreed that such
contractor will be responsible for primary loss investigation, defense and judgment costs
where this indemnification is applicable.
R-2 Insurance Requirements for Any Contractors Used by a Party to this Right of
Way. (Note: this applies only to Contractors used by a governmental entity, not to the
governmental entity itsetf.) The insurance requirements herein are minimum requirements
and in no way limit the indemnity covenants contained in this Right of Way. The State of
Arizona in no way warrants that the minimum limits contained herein are sufficient to
protect the governmental entity or Contractor from liabilities that might arise out of the
performance of the work under this Right of Way by the Contractor, his agents,
representatives, employees or subcontractors, and Contractor and the governmental entity
are free to purchase additional insurance.
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 16 of 18
b. Policy shall contain a waiver of subrogation endorsement in favor of
the State of Arizona, its departments, agencies, boards, commissions, universities and its
officers, officials, agents, and employees for losses arising from work performed by or on
behalf of the Contractor.
c. Policy shall contain a severability of interest provision.
IF GRANTEE HAS CERTIFIED IN THE APPLICATION ADDENDUM FOR THIS
RIGHT OF WAY THAT GRANTEE WILL NOT BE ENGAGED IN THE CONDUCT OF
BUSINESS WITHIN THE SUBJECT LAND GRANTEE SHALL NOT BE REQUIRED TO
CARRY THE FOREGOING BUSINESS AUTOMOBILE LIABILITY INSURANCE.
3. Worker's Compensation and Employers' Liability.
Workers' Compensation Statutory
Employers' Liability
Each Accident $ 500,000
Disease — Each Employee $ 500,000
Disease — Policy Limit $1,000,000
a. Policy shall emitain ,a waiver of subrogation endorsement in favor of
the State of Arizona, its departments, agencies, boards, commissions, universities and its
officers, officials, agents, and employees for losses arising from work performed by or on
behalf of the Contractor.
b. This requirement shall not apply to: Separately, EACH contractor or
subcontractor exempt under A.R.S. § 23-901, AND when such contractor or subcontractor
executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.
GRANTEE HAS CERTIFIED IN THE APPLICATION ADDENDUM FOR THIS RIGHT
OF WAY THAT GRANTEE WILL NOT BE ENGAGED IN THE CONDUCT OF
BUSINESS WITHIN THE SUBJECT LAND GRANTEE SHALL NOT BE REQUIRED TO
CARRY THE FOREGOING WORKER'S COMPENSATION AND EMPLOYERS'
LIABILITY INSURANCE.
B. Additional Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1. The Contractor's policies shall stipulate that the insurance afforded the
Contractor shall be primary insurance and that any insurance carried by the Department,
its agents, officials, employees or the State of Arizona shall be excess and not contributory
insurance, as provided by A.R.,5 § 41-621 (E). '
2. The Contractor's insurance shall apply I separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability. Coverage provided by the Contractor shall not be limited to the liability assumed
AMENDMENT ADDITIONAL CONDITIONS
16-112917-00-001
Page 18 of 18
Administration, Risk Management Division, whose decision shall be final. Such action will
not require a formal Right of Way amendment, but may be made by administrative action.
H. Exceptions. In the event the Contractor or sub-contractor(s) is/are a public
entity, then the Insurance Requirements shall not apply. Such public entity shall provide a
Certificate of Self-Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona
agency, board, commission, or university then none of the above shall apply.
APPENDIX A
STATE OF ARIZONA LAND DEPARTMENT RUN DATE: 12 September 2016
1616W. ADAMS RUN TIME: 16:42 PM
PHOENIX, AZ 85007 PAGE: 1
KE-LEASE# 016-112917-00-001 APPTYPE: AMENDMENT
AMENDMENT#: 0
LAND# LEGAL DESCRIPTION AUS ACREAGE
04.0-N-01.0-W-11-07-031-9028 M&B THRU SESESW 0.00 2.920
TOTALS 0.00 2.920