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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)
this
PEDESTRIAN ACCESS EASEMENT AGREEMENT
This Pedestrian Access Easement Agreement (this “Easement Agreement”) is made
ry of 2022, by and between DYSART
DISTRICT NO. 89NGF MARICOPA COUNTY, ARIZONA (“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 El Mirage, Arizona, consisting of approximately 70 acres, legally known as
Assessor’s Parcel Number 501-44-969.
B. Grantor wishes to grant to the Grantee a non-exclusive easement for public pedestrian
access across the Varney Road Driveway Area that encroaches on to the Grantor’s
property as shown on attached Exhibit A (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, on and above the Grantor property described in Exhibit A this
Easement for the sole purpose of providing public pedestrian access. Grantor reserves all
rights to use the Easement in any matter that does not materially interfere with such
easement grant to the Grantee.
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 pedestrian purposes. No parking of vehicles within the Easement shall be
permitted.
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.
4. General Provisions. The following provisions shall apply to this Easement:
a. The obligations which are imposed by this Easement shall also be considered to be
covenants running with the land, and all of the terms and conditions which are
contained and expressed in this Easement shall bind and inure to the successors and
assigns of the respective parties hereto.
b. This Easement will be enforced, construed, interpreted and governed, in all respects,
by and under the law of the State of Arizona.
c. No provision contained in this Easement shall be construed as creating a relationship of
principal and agent, or partnership or joint venture.
d. This Easement may not be amended, altered or revised except by a written instrument
signed by the then-current owner(s) of the Easement, and the Grantee, and such
amendment shall be recorded in the Recorder’s Office of Maricopa County.
e. The captions which are used in this Easement serve as a description of the paragraph
contents only, and such captions are not intended to be interpretations of this
Easement.
f. Any notice which one party wishes or is required to give to the other party will be
regarded as effective if such notice is in writing and either delivered personally to such
party or such notice is sent by certified or registered mail, return receipt requested and
postage prepaid, correctly addressed as follows:
City: City of El Mirage
10000 N El Mirage Road
El Mirage, AZ 85335
Attn: City Manager
Owner: Dysart Unified School District No. 89 of Maricopa County,
Arizona
15802 N. Parkview Place
Surprise, AZ 85374
Any party may file written notice of change of address with the other parties. IN
WITNESS TO THIS EASEMENT, the parties have caused this Easement to be executed
as of the day and year first above written, subject to all of the terms and conditions herein
set forth.
CAUTION: The above described easement may contain underground facilities, the location of
which must be verified as required by Arizona Revised Statutes, Section 40-360.21 et seq.
(Arizona Blue Stake Law) prior to excavation.
[Signature pages follow]
IN WITNESS WHEREOF, the Mayor and Council of El Mirage, Arizona, by its Mayor
and its Clerk, duly authorized, have affixed hereunto their hand and caused its official seal to be
affixed on this day of , 20
CITY OF EL MIRAGE, an Arizona municipal
corporation
Alexis A. Hermosillo, Mayor
STATE OF ARIZONA __?)
) Ss.
COUNTY OF MARICOPA )
The foregoing Pedestrian Access Easement was acknowledged before me this day
of ,20___, before me by Alexis A. Hermosillo, Mayor of the City of El Mirage, an
Arizona municipal corporation, and being authorized to do so, executed the foregoing instrument
on behalf of the City for the purposes therein stated.
Notary Public
My Commission Expires:
ATTEST:
Sharon Antes, City Clerk
Dated:
Approval as to Form
By:
Justin Pierce, City Attorney
GRANTOR:
Dysart Unified School District No. 89 of
Maricopa County, Arizona
w Le No
T
FOR BUS NESS SERUICES
State of Avizene , )
)ss
County of_Maritepa
The foregoing Pedestrian Access Easement was aati fo; femme this this ry
of 2022, by Len ticks of
Dysart Unified School District No. 89 of Maricopa County, aa, and who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the and
acknowledged to me that he being authorized to do so, executed the foregoing instrument for the
purposes therein contained on behalf of Dysart Unified School District No. 89 of Maricopa
County, Arizona.
EVAN PIERCE
NOTARY PUBLIC - ARIZONA Bn Y :
Maricopa County f
5 Commission #573461 Notary Public
My Commission Expires Nov. 16, 2023
My Commission Expires: ////le/2092,
EXHIBIT
DESCRIPTION OF
PEDESTRIAN ACCESS EASEMENT FOR LOT 1
FINAL PLAT FOR DYSART HIGH AND ELEMENTARY SCHOOL
A PORTION OF LOT 1 OF THE FINAL PLAT FOR “DYSART HIGH AND ELEMENTARY
SCHOOL", RECORDED IN BOOK 1046 OF MAPS, PAGE 37, RECORDS OF MARICOPA
COUNTY, ARIZONA, LOCATED IN THE NORTHWEST QUARTER OF SECTION 23,
TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND
pope MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
COMMENCING AT A 3-INCH CITY OF EL MIRAGE BRASS CAP IN HANDHOLE MARKING
THE WEST QUARTER CORNER OF SAID SECTION 23;
THENCE SOUTH 89 DEGREES 30 MINUTES 15 SECONDS EAST 2327.87 FEET ALONG
THE SOUTH LINE OF SAID NORTHWEST QUARTER;
THENCE NORTH 00 DEGREES 29 MINUTES 45 SECONDS EAST 30.00 FEET TO THE
SOUTH LINE OF SAID LOT 1 AND THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 30 MINUTES 15 SECONDS WEST 94.77 FEET ALONG
SAID SOUTH LINE;
THENCE NORTH 58 DEGREES 03 MINUTES 56 SECONDS EAST 31.38 FEET;
THENCE SOUTH 89 DEGREES 30 MINUTES 15 SECONDS EAST 41.54 FEET;
THENCE SOUTH 57 DEGREES 19 MINUTES 27 SECONDS EAST 31.60 FEET TO THE
POINT OF BEGINNING.
COMPRISING OF 1,147 SQUARE FEET MORE OR LESS.
2122 W. Lone Cactus Dr.
Ste. 11, Phoenix, AZ 85027
623-869-0223 (office)
623-869-0726 (fax)
SURVEYING SERVICES, INc. | WW-Superiorsurveying.com
, info@superiorsurveying.com
DATE: 6/6/2022 JOB NO.: 202007076-EX
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