Public Water Easement

City of El Mirage — Regular Meeting (2025-04-01)

View PDF Item 2 Meeting page

Extracted text (via pymupdf) 2250 characters
1 
 
When Recorded Return to: 
City Clerk, City of El Mirage 
10000 N. El Mirage Road 
El Mirage, AZ  85335  
 
 
 
Exempt under A.R.S. § 11-1134(A)(2) 
 
PUBLIC WATER EASEMENT AGREEMENT 
 
This Public Water Easement Agreement (this “Easement Agreement”) is made  
this ____ day of ____________, 2025, by and between BOOMERANG UNITED II, LLC, an 
Arizona limited liability company (“Grantor”) and the CITY OF EL MIRAGE, an Arizona 
municipal corporation (“Grantee”). 
 
RECITALS 
 
A. Grantor has a real property interest in or is the owner of that certain property located in 
the City of Surprise, Arizona, consisting of approximately 1.08 acres, legally known as 
Assessor’s Parcel Number 501-81-221C. 
 
B. Grantor wishes to grant to the Grantee a non-exclusive easement to operate and maintain 
water utilities over, under, on, and across the area that encroaches on to the Grantor’s 
property as shown on attached Exhibit B (the “Easement”). 
 
AGREEMENTS 
 
NOW, THEREFORE, in consideration of the premises and promises contained herein, and other 
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 
the parties agree as follows: 
 
1. Grant of Easement. Grantor hereby grants and conveys to Grantee a perpetual, non-
exclusive easement over, under, on, and across the Grantor property described in Exhibit 
B this Easement for the sole purpose of installing and operating a municipal waterline 
and providing access for the maintenance and repair of the waterline and any associated 
appurtenances. Grantor reserves all rights to use the Easement in any matter that does not 
materially interfere with such easement grant to the Grantee. 
 
2. Use of Easement Area. No structures shall be constructed, erected, or placed within the 
limits of the Easement that would materially impair the normal operation or use of the 
Easement for water line and associated appurtenances maintenance and repair purposes. 
No parking of vehicles within the Easement shall be permitted.  
 
3. Maintenance. Grantor agrees that the Grantee has no maintenance responsibilities for the 
Easement granted herein. All maintenance shall be the responsibility of the owner of the 
land over which the Easement is located.