N D22934 RS -- O D22934-1 RS -- P D22934.PDF
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WHEN RECORDED RETURN TO: Maricopa County Public Works Real Estate Division [RES] EXEMPT ARS 11-1134, A3 WARRANTY DEED Parcel No.: 304-78-030 Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22934 (RES) For the consideration of One Hundred Eighty Five Thousand One Hundred Forty Five and No/100 DOLLARS ($185,145.00) we, The San Tan Irrigation District, a municipal corporation, do hereby convey to Maricopa County, a political subdivision of the State of Arizona, the following real property situated in Maricopa County, Arizona: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION Subject to current taxes and other assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, restrictions, obligations and liabilities as may appear of record, the GRANTOR warrants the title against all persons whomsoever. Page 1 of 3 Parcel No.: 304-78-030 Project No.: TT429 Riggs Road (Recker Road to Power Road) | Item No.: D22934 (RES) | Dated this day of , 2015. GRANTOR: By: (Signature) Its: (Title) STATE OF ARIZONA ) )§ COUNTY OF MARICOPA) The foregoing instrument was acknowledged before me this day of , 2015, by its of (Name of officer or agent) (Title) The San Tan Irrigation District, a municipal corporation, on behalf of the corporation. My Commission Expires Notary Public (signature) Notary Stamp Seal Page 2 of 3 Parcel No.: 304-78-030 Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22934 (RES) RECOMMENDED FOR APPROVAL: Right-of-Way Agent Right-of-Way Acquisition 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 Hf Hf Hf Mf Hf Hl Mf Hf Mf Page 3 of 3 Parcel No. 304-78-030 Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No. D22934 EXHIBIT “A” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of Tract B of Chandler Mesa Ranches, according to Book 106 of Maps, Page 35 (MCR) lying within the East half of Section 25, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion is more particularly described as follows: The South 45.00 feet of said Tract B And The East 45.00 feet of said Tract B And BEGINNING at the intersection of the North line of the South 45.00 feet of said Tract B and the West line of the East 45.00 feet of said Tract B} THENCE along said North line South 89°51°14” West a distance of 9.99 feet; THENCE leaving said North line North 44°26’12” East a distance of 14.26 feet to a point on said West line; THENCE along said West line South 00°01’09” West 9.99 feet to the POINT OF BEGINNING The above described parcel contains 15,947 square feet or 0.3661 acres, more or less. Page 1 of | MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prolim:3-18-14 Chk: | Appr: Mt SOLELY, : Rev:9-17-2014; 9-23-2014 EXPIRES 3-31-2017 Maricopa County Public Works — Real Estate Division GRANTOR DATE EXHIBIT “A” WHEN RECORDED RETURN TO: Maricopa County Public Works Real Estate Division [RES] EXEMPT ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 304-78-030 Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22934-1 (RES) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, The San Tan Irrigation District, a municipal corporation, GRANTORS, for and in consideration of the sum of Eight Hundred Fifty Seven and no/100 Dollars ($857.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby grant and convey to MARICOPA COUNTY, a political subdivision of the State of Arizona, its successors, and assigns, GRANTEE, a Temporary Easement on, over, under and across the ground embraced within a parcel of land situated in the County of Maricopa, State of Arizona, and described as follows: SEE EXHIBIT “A” FOR LEGAL DESCRIPTION That said Temporary Easement is granted for use of the above described property during the construction of the improvement of a public highway. That the undersigned shall not incur any expense as a result of the use of the above described property by Maricopa County, and that the property shall be used during the period of construction of: Project Number TT429 Riggs Road (Recker Road to Power Road). That Maricopa County shall hold the Grantors harmless in case of any accident arising on and during the use of the above described property until the completion of the aforementioned project. 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. B. To the extent permitted by law, GRANTEE agrees to indemnify GRANTOR, from and against loss, expense, damage, or claim of any nature whatsoever which is caused by any activity, condition, or event arising out of the non-performance by GRANTEE of any of its obligations under the provisions of the Agreement. GRANTOR shall in all instances be indemnified against liability, losses, and damages of any nature for or on account of injuries to or death of persons or damages to or destruction of property arising out of GRANTEE'S performance or non- performance of this Easement, except such injury or damages as shall have been occasioned by Page 1 of 4 the sole or joint negligence of GRANTOR. The above cost of damages incurred by GRANTOR shall include, in the event of action, court costs, expenses for litigation, and reasonable attorney's fees, To the extent permitted by law, GRANTEE agrees to indemnify GRANTOR, from and against loss, expense, damage, or claim of any nature whatsoever which is caused by any activity, condition, or event arising out of the non-performance by GRANTEE of any of its obligations under the provisions of the Agreement. GRANTOR shall in all instances be indemnified against liability, losses, and damages of any nature for or on account of injuries to or death of persons or damages to or destruction of property arising out of GRANTEE'S performance or non- performance of this Easement, except such injury or damages as shall have been occasioned by the sole or joint negligence of GRANTOR. The above cost of damages incurred by GRANTOR shall include, in the event of action, court costs, expenses for litigation, and reasonable attorney's fees, GRANTEE shall have the right to authorize, permit, and license the use of the Property for utilities or other public purposes not inconsistent with its use as a temporary construction easement and right-of-entry as determined by GRANTEE. GRANTEE agrees to leave the grade of the land within the temporary construction easement area in as near the same condition that it is now. The parties understand that the resulting construction work will not leave the land in exactly the same condition. Per the terms of the MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION LICENSE FOR THE USE OF REAL PROPERTYwhich will allow the continued use of the subject property after the acquisition is completed, GRANTEE shall not, in its exercise of this Easement, in any way interfere with GRANTOR’s continued use, access and operation of that certain water well located on GRANTOR’s property (Arizona Department of Water Resources Well No. 55-647068) until such time that the well has been replaced and reconstructed on GRANTOR’S remaining property and is fully functional and the existing well is properly abandoned. Such replacement shall be undertaken by GRANTEE under separate agreement between GRANTOR and GRANTEE at GRANTEEF’S sole cost and expense, which cost and expense shall be paid directly by GRANTEE to the appropriate contractors. THE GRANTORS AGREE: A. To grant a temporary construction easement for the property described herein to the County of Maricopa and/or its agents for the general welfare and benefit of the public. B. GRANTOR hereby covenants that he is granting this Temporary Construction Easement and Agreement only to the extent of any interest he may have in the Property. This Easement shall run with the land and shall be binding upon the parties. This easement shall be in effect for a period no longer than one year from the start of construction activities. Hf If Mf Hl Hl Page 2 of 4 Parcel No.: 304-78-030 Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22934-1 (RES) Dated this day of , 2015. GRANTOR: By: (Signature) Its: (Title) STATE OF ARIZONA ) )§ COUNTY OF MARICOPA _ ) The foregoing instrument was acknowledged before me this day of ; 2015, by its of (Name of officer or agent) (Title) The San Tan Irrigation District, a municipal corporation, on behalf of the corporation. My Commission Expires Notary Public (signature) Notary Stamp Seal Page 3 of 4 Parcel No.: 304-78-030 Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22934-1 (RES) RECOMMENDED FOR APPROVAL: Right-of-Way Agent Right-of-Way Acquisition 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 Hf ft If Hf Hf Hf Mf Hf Page 4 of 4 Parcel No. 304-78-030 Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No. D22934-1 EXHIBIT “A” LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of Tract B of Chandler Mesa Ranches, according to Book 106 of Maps, Page 35 (MCR) lying within the East half of Section 25, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion is more particularly described as follows: The West 5.00 feet of the East 50.00 feet of said Tract B EXCEPT The South 45.00 feet of said Tract B And EXCEPT BEGINNING at the intersection of the North line of the South 45.00 feet of said Tract B and the West line of the East 45.00 feet of said Tract B; THENCE along said North line South 89°51714” West a distance of 9.99 feet; THENCE leaving said North line North 44°26’12” East a distance of 14.26 fect to a point on said West line; THENCE along said West line South 00°01°09” West 9.99 feet to the POINT OF BEGINNING The above described parcel contains 738 square feet or 0.0169 acres, more or less. Page | of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 9-23-2014 Chk: | Appr: 20-16-7Y Rey: EXPIRES 3-31-2017 Maricopa County Public Works —Real Estate Division GRANTOR DATE EXHIBIT “A” BLCO fh hin, raraiey *; Maricopa County Department of Transportation i Purchase Agreement and Escrow Instructions conn Title Company _ Security Titte Agency Date 11-30-15 Address 3636 North Central Avenue, 3“ Floor Phone _ 602-230-6271 City Phoenix, AZ 85012 Fax 602-230-6256 Escrow Officer Jason Bryant Escrow No. 151404 13-015-JBA Grantor: San Tan Irrigation District, a municipal corporation Phone: Address: 3978 East Chandler Heights Road, Suite 104 - Phone: City Gilbert, AZ 85298 Fax: ~ Grantee: Maricopa County, a political subdivision of the State of Arizona Maricopa County Department of Transportation Mailing Address: Real Estate Division, 2901 W, Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or Charges and Disbursements to be paid from Grantor's funds as deposit with the Title Company if escrowed, the purchase price follows (check all that apply): plus ail lawful costs incidentat fo closing as follows: Escrow Fees (1 Total Acquisition of Grantor's Property: Full release of all Title Policy Fees monetary liens and encumbrances, and leases of any kind. Release Fees Pay in full ail due and delinquent real property taxes and general and special improvement assessments. Prorate the current year's real property taxes on closings that occur on or After the 3rd Monday of August each year. Escrow Agent shall withhold the prorated amounts from each party and pay - the lien of the current year's taxes in full. Xf Partial Acquisition of Grantor's Property: Partial release of all monetary liens and encumbrances, and leases of any kind. At the discretion of Maricopa County, pay due and delinquent properly taxes and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within the Release Fees Maricopa County's partial acquisition, and any Certificate(s) S.R.V.W.ULA, of Purchase. The current year’s taxes shall not be prorated Taxes - Prorated regardless of the closing date. ["] Easement(s): Consent to easemeni(s) by secured party (ies). Total Other Charges [1 Other Disbursements: Sub Total Title Report Credit Land $185,145.00 Possession date: Improvements $10,500.00 Close of escrow: Severance Damages Date of recording: TCE $857.00 ~ Cost to Reestablish Special Conditions Right of Way Contract Yes—X No Exhibit B Entry Agreement Yes[] No Totai Closing Costs Addendum attached hereto and made a Yes[} No Total Purchase Price $196,502.00 part hereof TOTAL WARRANT* *Escrow and title policy fees based on this amount only. “Sum of Total 5 1 38 1 2 4 376 2083 109 29 96.151497 Closing 5 1 38 1 2 5 495 2084 95 24 80.940468 Costs and Total 5 1 38 1 2 8 753 2085 132 24 96.485664 Purchase 5 1 38 1 2 9 895 2086 85 23 96.336792 Price only. The GRANTOR, having executed a conveyance of certain rea! property rights to the Grantee in a certain conveyance dated described in Exhibit “A” attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to MARICOPA COUNTY, title to said property to be transferred the upon acceptance of delivery and possession by its BOARD OF SUPERVISORS. Project: Riggs Road (Recker Road to Power Road) PCN: _TT429 Assessor Parcel No.: 304-78-030 Item No _D22934 Right of Way Agent: Robert W. Sachs, SRAWA Telephone # 602-506-4744 The Escrow Agent shail first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, feasehold interests, special assessments, and other encumbrances as may be authorized for payment and the balance thereof shall be paid in accordance with the terms herein. The Escrow Agent is to withhold $ 0.00 as a security deposit pending satisfactory delivery of the subject property to MARICOPA COUNTY by the Grantor. Grantor agrees MARICOPA COUNTY may apply the security deposit to payment of any unpaid rents due MARICOPA COUNTY from the Grantor, or to payment for any loss or damage sustained by MARICOPA COUNTY caused by the Grantor after the date of this agreement, MARICOPA COUNTY will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after acceptance of delivery and possession of the subject property. instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement, prorate alf agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and the pay balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow. The Right of Way Agent or MARICOPA COUNTY - Public Works Real Estate Division will be furnished a copy of the Grantor's closing statement with the following certification signed by an authorized officer: “This Is to certify this is a true and correct statement of disbursement of funds collected from MARICOPA COUNTY,” The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either a of this copy request or a copy of a signed receipt is to be retained in the escrow file. Maricopa County will pay the costs of the owner's title insurance policy; fees associated with lender releases or Joan pay-offs, including endorsements, document preparation, and other expenses related thereto; escrow fees and other charges by escrow companies incidental to the closing of escrow. In the alternative, Maricopa County may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein are not applicable. f this transaction is not handted through a title company, the conveyance wil! be delivered directly to MARICOPA COUNTY and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and recording of the documents. “ : It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration expressed herein is likewise; full and complete compensation for all injury or damage to the Grantor's remaining lands by reason of their severance from the part being acquired and the construction of the improvements in the manner proposed by MARICOPA COUNTY. EXCEPTING THEREFROM any and all interest of Grantor in that certain water welt located on the subject property, Arizona Department of Water Resources Well No, 55-647068, including the well bore, casing, seals, pump equipment, water distribution lines and measuring equipment, electrical equipment, transformers, switches and all connections to outside power sources and any other infrastructure related to the production and delivery of water (collectively the “WELL”). Grantee shall pay the cost to remove and and replace the WELL by constructing and equipping a replacement well (in approximately the same location as defined by the Arizona Department of Water Resources) on Grantor's remaining property at this location, to be constructed to Grantor's reasonable satisfaction and standards and consistent with normal construction standards for municipal water production wells in Maricopa County, including any applicable health and safety standards imposed . by Maricopa County. In addition, Grantee shall cause the existing well bore to be properly abandoned in accordance with the standards of the Arizona Department of Water Resources. All well replacement and abandonment work shall be done at the sole cost and expense of Grantee, which cost and expense shall be paid directly by Grantee to the appropriate contractors. Such replacement and abandonment shal! be undertaken by Grantor and Maricopa County as a relocation assistance item pursuant to Resolution of the Maricopa County Board of Supervisors for Relocation Assistance to Eligible Dispiacees When Property is Acquired for Public Projects, September 7, 2010, C-91-1 1-032-M-00, which adopts as its minimum standard for telocation assistance the U.S. Department of Transportation Federal Highway Administration 49 Code of Federal Regulations part 24, section 24.204 thru 24.503; and pursuant to the Authorization approved by the Maricopa County Board of Supervisors for Relocation Reimbursement Entitlement for San Tan Irrigation District, Well Relocation, on December 9, 2015; and by the individual Claim for Payment of Relocation Entitlements executed or to be executed between Grantor and Maricopa County, Grantor and Maricopa County agree that the well replacement obligations described in this paragraph Shall survive execution and delivery of the deed from Grantor to Maricopa County and shall remain in effect and enforceable until the well relocation is complete. If cast to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate such improvements not later than 30 days from the date of payment. Grantor assumes all liability connected with said removal. It is further agreed that upon expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of MARICOPA COUNTY and all rights of the Grantor to said improvements shall cease and terminate. Grantor shall be fiable for the reasonable costs incurred in removing said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the Grantor’s remaining fands where necessary to accomplish the purpose of this agreement, Jf MARICOPA COUNTY is acquiring only a portion of Grantor's property, then Grantor grants to MARICOPA COUNTY, its agents, employees and contractors, the right to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on adjacent County owned right of way, if required. MARICOPA COUNTY shail be responsible to the extent that damage occurs out of MARIGOPA COUNTY's occupation of the Grantor's property caused by MARICOPA COUNTY's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARICOPA COUNTY's temporary occupancy of the property, All claims shalf be submitted in accordance with the requirements of ARS 12-821. It is further understood and agreed that this temporary right will expire and terminate thirty (30) days after completion of the above referenced project. it is further agreed settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for other evidentiary any purpose, in conjunction with any judicial or administrative proceeding. GRANTOR: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MARICOPA COUNTY DEPARTMENT MARIGOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Signature Title Right of Way Acquisition Manager Chairman of the Board San Tan Irrigation District, a municipal corporation ATTEST: Date Approved as fo form within the powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Accepted Date ESCROW OFFICER Deputy County Attorney Date Date GS/CS Revised 10/6/2009 if Hf if Mf tif Mit iff Mf Hf if Hf if ff Mf iff Mi if EXHIBIT B RIGHT OF WAY AGREEMENT Parcel No.: 304-78-030 Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22934 (RES) WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between the Grantor and Maricopa County. No further consideration is being paid than described in this agreement. THE COUNTY OF MARICOPA AGREES: A. To use the real property described in Exhibit A for the general welfare and benefit of the public. B To pay the Grantors the sum of One Hundred Eighty Five Thousand One Hundred Forty Five and 00/100 Dollars ($185,145.00) as payment full for the property described herein. C. To pay the Grantors the sum of Ten Thousand Five Hundred and 00/100 Dollars ($10,500.60) as payment in full for the improvements located on the property described herein and broken out as follows: Trees =$10,500.00 D. To pay the Grantos the sum of Eight Hundred Fifty Seven and 00/100 Dollars ($857.00) as payment in full for the Temporary Construction Easement on the property described herein, E, ‘That, if in the opinion of the Transportation Director it becomes necessary, private structures will be relocated in kind to the Grantor’s property, clear of the property described herein, at no expense to the Grantor except as may be herein otherwise agreed. F, That no costs relating to construction of roadway improvements on Project No. TT429 Riggs Road (Recker Road to Power Road) wil! be charged to the Grantor. G. Grantee agrees that nothing in this agreement shall affect the following: Any and all interest of Grantor in that certain water well located on the subject property, Arizona Department of Water Resources Well No. 55-647068, including the well bore, casing, seals, pump equipment, water distribution lines and measuring equipment, electrical equipment, transformers, switches and all connections to outside power sources and any other infrastructure related to the production and delivery of water (collectively the “WELL”). Grantee shall be responsible for the cost to remove and replace the WELL by constructing and equipping a replacement well (in approximately the same location as defined by the Arizona Department of Water Resources) on Grantor’s remaining property at this location, to be constructed to Grantor’s reasonable satisfaction and standards and consistent with normal construction standards for municipal water production wells in Maricopa County, including any applicable health and safety standards imposed by Maricopa County. In addition, Grantee shall cause the existing well bore to be properly abandoned in accordance with the standards of the Arizona Department of Water Resources. All well replacement and abandonment work shall be done at the sole cost and expense of Grantee, which cost and expense shall be paid directly by Grantee to the appropriate contractors. Such replacement and abandonment shall be undertaken by Grantor and Maricopa County as a relocation assistance item pursuant to Resolution of the Maricopa County Board of Supervisors for Relocation Assistance to Eligible Displacees When Property is Acquired for Public Projects, September 7, 2010, C- 91-11-032-M-00, which adopts as its minimum standard for relocation assistance the U.S. Department of Transportation Federal Highway Administration 49 Code of Federal Regulations part 24; section 24.201 thru 24.503; and pursuant to the Authorization approved by the Maricopa County Board of Supervisors for Relocation Reimbursement Entitlement for San Tan Irrigation District, Well Relocation, on December 9, 2015; and by the individual Claim for Payment of Relocation Entitlements executed or to be executed between Grantor and Maricopa County. Grantor and Maricopa County agree that the well replacement obligations described in this paragraph shall survive execution and delivery of the deed from Grantor to Maricopa County and shall remain in effect and enforceable until the well relocation is complete. , THE GRANTORS AGREE: L. To grant a Warranty Deed for the real property described in Exhibit A to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of One Hundred Eighty Five Thousand One Hundred Forty Five and 00/100 Dollars ($185,145.00) as payment in full for the property described herein. 3. To accept the sum of Ten Thousand Five Hundred and 00/100 Dollars ($10,500.00) as payment in full for the improvements located on the property described herein. 4. To accept the sum of Eight Hundred Fifty Seven and 00/100 Dollars ($857.00) as payment in full for the Temporary Construction Easement on the property described herein. 5. That the County, or its agents, is hereby granted the right to enter upon the remaining property of the Grantor for the purpose of accomplishing C and D above. That, upon the Grantor's signing of the Warranty Deed, the County and/or its agents shall have immediate use of the property described herein. EXCEPTING THEREFROM any and all interest of Grantor in that certain water well located on the subject property, Arizona Department of Water Resources Well No. 55-647068, including the well bore, casing, seals, pump equipment, water distribution lines and measuring equipment, electrical equipment, transformers, switches and all connections to outside power sources and any other infrastructure related to the production and delivery of water (collectively the “WELL”). Grantee shall remove and replace the WELL by constructing and equipping a replacement well (in approximately the same location as defined by the Arizona Department of Water Resources) on Grantor’s remaining property at this location, to be constructed to Grantor’s reasonable satisfaction and standards and consistent with normal construction standards for municipal water production wells in Maricopa County, including any applicable health and safety standards imposed by Maricopa County, In addition, Grantee shall cause the existing well bore to be properly abandoned in accordance with the standards of the Arizona Department of Water Resources, All well replacement and abandonment work shall be done at the sole cost and expense of Grantee, which cost and expense shall be paid directly by Grantee to the appropriate contractors. Such replacement and abandonment shall be undertaken by Grantor and Maricopa County as a relocation assistance item pursuant to Resolution of the Maricopa County Board of Supervisors for Relocation Assistance to Eligible Displacees When Property is Acquired for Public Projects, September 7, 2010, C-91-11-032-M- 00, which adopts as its minimum standard for relocation assistance the U.S, Department of Transportation Federal Highway Administration 49 Code of Federal Regulations part 24, section 24.201 thru 24.503; and pursuant to the Authorization approved by the Maricopa County Board of Supervisors for Relocation Reimbursement Entitlement for San Tan Irrigation District, Well Relocation, on December 9, 2015, and by the individual Claim for Payment of Relocation Entitlements executed or to be executed between Grantor and Maricopa County. Grantor and Maricopa County agree that the well replacement obligations described in this paragraph shall survive execution and delivery of the deed from Grantor to Maricopa County and shall remain in effect and enforceable until the well relocation is complete. if if Mt Hf fit Hf Hf Mf fil fit if Mf Hit if Hit if fit Mit if Ht dit tf Hf Mf Mf Hf fif if ff tit Mf fil if fl Hit GRANTOR DATE GRANTOR DATE EXHIBIT “B” Parcel No. 304-78-030 Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Ttem No. D22934 EXHIBIT “A” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of Tract B of Chandler Mesa Ranches, according to Book 106 of Maps, Page 35 (MCR) lying within the East half of Section 25, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion is more particularly described as follows: The South 45.00 feet of said Tract B And The East 45.00 feet of said Tract B And BEGINNING at the intersection of the North line of the South 45.00 feet of said Tract B and the West line of the East 45.00 feet of said Tract B; THENCE along said North line South 89°51°14” West a distance of 9.99 feet; THENCE leaving said North line North 44°26’12” East a distance of 14.26 feet to a point on said West line; THENCE along said West line South 00°01°09” West 9.99 feet to the POINT OF BEGINNING The above described parcel contains 15,947 square feet or 0.3661 acres, more or less, Oo <=} CATE INS Page 1 of 1 81978 MICHAEL E, KING : MARICOPA COUNTY DEPARTMENT OF ; TRANSPORTATION &, Ne t % 5, ( Ay Prelini:3-18-14 Chk: [Ave Appr: AF SESS [01617 A e,_. eS Rev:9-17-2014; 9-23-2014 EXPIRES 3-31-2017 Maricopa County Public Works — Real Estate Division GRANTOR. DATE EXHIBIT “A” Parcel No. 304-78-030 Project No, TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Ttem No. D22934-1 EXHIBIT “A” LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of Tract B of Chandler Mesa Ranches, according to Book 106 of Maps, Page 35 (MCR) lying within the East half of Section 25, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion is more particularly described as follows: The West 5.00 feet of the East 50.00 feet of said Tract B EXCEPT The South 45.00 feet of said Tract B And EXCEPT BEGINNING at the intersection of the North line of the South 45.00 feet of said Tract B and the West line of the East 45.00 feet of said Tract B; THENCE along said North line South 89951714” West a distance of 9.99 feet; THENCE leaving said North line North 44°26’12” East a distance of 14,26 feet to a point on said West line; THENCE along said West line South 00°01°09” West 9.99 feet to the POINT OF BEGINNING The above described parcel contains 738 square feet or 0.0169 acres, more or less. Page 1 of I MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 9-23-2014 Chk: | Aver: a-“g7y AY _| : Rev: EXPIRES 3-31-2017 Maricopa County Public Works — Real Estate Division GRANTOR DATE EXHIBIT “A”