PUE - MARICOPA COUNTY SOUTHWEST JUSTICE COURT.DOC

When Recorded Mail To:
City Clerk
City of Avondale
11465 West Civic Center Drive, Suite 200
Avondale, Arizona 85323 Exempt under A.R.S. § 11-1134(A)(2)
PUBLIC UTILITY EASEMENT AGREEMENT
GRANTOR: Maricopa County, a political subdivision of the State of Arizona (the “County”)
GRANTEE: City of Avondale, an Arizona municipal corporation (the “City”)
THIS PUBLIC UTILITY EASEMENT AGREEMENT (this “Agreement”) is entered
into , 2016, by and between the County and the City for the purposes
set forth below.
RECITALS
A. The County is the record owner of certain real property at the location described
on Exhibit A, attached hereto and incorporated herein by this reference (the “Easement Area”).
B. The County and the City desire to enter into this Agreement for the County to
grant to the City a non-exclusive, continuous and perpetual easement (the “Easement”) together
with the necessary right of access, ingress and egress over the Easement Area, for purposes of
installing, operating, inspecting, maintaining, repairing, replacing or removing aboveground and
underground public utility facilities (the “Facilities”), as more particularly described herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference and the mutual covenants set forth below, the County does hereby grant to
the City, its successors and assigns, this Easement over the Easement Area on the following
terms and conditions:
1. Grant of Easement. The County hereby grants and conveys unto and for the
benefit of the City the Easement for the purposes of installing, operating, inspecting,
maintaining, repairing, replacing or removing aboveground and underground public utility
Facilities including, but not limited to water, sewer, electrical, telecommunications, gas, storm
drainage and such other public utility Facilities as may be permitted by law within such
Easement.
2. Maintenance of the Easement. The County shall not maintain the Easement Area
in a manner that impairs the ability or capacity of the City to fully utilize the Easement. The
County shall not construct, install or place, or permit to be constructed, installed or placed upon
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the Easement Area any fence, wall, structure or other improvement that shall interfere with or
impede the City’s access to the Easement or the City’s right to maintain the Facilities in the
Easement Area. City shall allow reasonable, typical landscaping within the Easement Area
including shrubs, groundcover and decomposed granite except in a ten-foot clear zone around
any sewer manholes or clean-out locations.
3. Indemnification. To the extent permitted by law, each party shall indemnify and
hold the other party harmless from any and all damages, costs, expenses, attorney fees, claims or
liabilities arising from or relating to the use of the Easement Area by the party, its successors in
interest, assigns, agents, employees.
4. Liens and Encumbrances. The City represents and warrants that it will maintain
the Easement Area free and clear from any liens or encumbrances of any nature whatsoever in
connection with City’s construction of improvements on the Easement Area or the use by City of
the Easement Area.
5. Running of Benefits and Burdens. All provisions of this Agreement, including
the benefits and burdens, run with the land and are binding upon and inure to the assigns and
successors and tenants of the parties hereto.
6. Attorneys’ Fees. Either party may enforce this instrument by appropriate legal
action and the prevailing party in such litigation may recover as part of its costs in such action
reasonable attorneys’ fees and court costs.
7. Additional Easements. Nothing contained in this Agreement shall prohibit the
County from conveying additional easements for access, utility or other purposes through, over,
under, upon, in, across and along the Easement Area to the owners of properties which abut the
Easement Area or to government or quasi-governmental agencies; provided however, that no
such additional rights or easements shall impair the City’s use of the Easement herein granted.
8. Entire Agreement. This instrument contains the entire agreement between the
parties relating to City’s use of the Easement Area for public utility purposes. Any oral
representations or modifications concerning this instrument shall be of no force or effect,
excepting a subsequent modification in writing, signed by the parties.
9. Cancellation by City/County. This Agreement may be cancelled by the City or
the County pursuant to ARIZ. REV. STAT. § 38-511 at which time, the Easement shall revert back
to the owner.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
“Grantor”
MARICOPA COUNTY, a political
subdivision of the State of Arizona
By
Printed Name
Chairman of the Board of Supervisors
APPROVED AS TO FORM: ATTEST:
Deputy County Attorney Clerk of the Board of Supervisors
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this ___ day of ________ 2016,
by ____________, as Chairman of the Maricopa County Board of Supervisors.
Notary Public in and for the State of Arizona
(affix notary seal here)
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ACCEPTED BY:
“City”
CITY OF AVONDALE, an Arizona
municipal corporation
David W. Fitzhugh, City Manager
ATTEST:
Carmen Martinez, City Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ___________________, 2016, before me personally appeared David W. Fitzhugh, the
City Manager of the CITY OF AVONDALE, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the City of Avondale.
Notary Public in and for the State of Arizona
(affix notary seal here)
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EXHIBIT A
TO
PUBLIC UTILITY EASEMENT AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
THE CITY OF AVONDALE
[Legal Description and Exhibit]
See following pages.
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