Assignment of Easements
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Page 1 of 5 When recorded, return to: Maricopa County Real Estate Department [PM] EXEMPT ARS 11-1134, A3 ASSIGNMENT OF EASEMENTS Project No.: TT344, TT367 and TT0367 Project Name: El Mirage Rd. (Northern Ave. to Peoria Ave.) Item Nos.: D22367-2, D22725A-2, D22727-2, D22728-2, D22730A-2, D22734A-2, D22737-2, D22739-6, D22743-2, D22746-2, D23367-2 KNOW ALL MEN BY THESE PRESENTS: That for and in the consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MARICOPA COUNTY, a political subdivision of the State of Arizona (“ASSIGNOR”), does hereby assign to the City of El Mirage, a municipal corporation of the State of Arizona, it’s successors and assigns (“ASSIGNEE”), all those certain easement rights in, on, over, under, through and across real property situated in Township Three (3) North, Range One (1) West, Section(s) 25, 26, 35, and 36 of the Gila and Salt River Base and Meridian, in the County of Maricopa, State of Arizona, together with any other rights granted in said easements described in each of the following instruments filed of record in the office of the Maricopa County Recorder (collectively Easements): Drainage Easement Document # 2016-0438576 D22367-2 Drainage Easement Document # 2016-0168535 D22725A-2 Drainage easement Document #2019-0696610 D22727-2 Final Order of Condemnation Document #2016-0572422 D22728-2 Drainage Easement Document #2016-0400413 D22730A-2 Drainage Easement Document #2016-0438572 D22734A-2 Final Order of Condemnation Document #2016-0351877 D22737-2 Public Utility Easement Document #2014-0527505 D22739-6 Drainage Easement Document #2013-0810052 D22743-2 Drainage Easement Document #2014-0024144 D22746-2 Drainage Easement Document #2016-0438576 D23367-2 Page 2 of 5 Project No.: TT344, TT367 and TT0367 Project Name: El Mirage Rd. (Northern Ave. to Peoria Ave.) Item Nos.: D22367-2, D22725A-2, D22727-2, D22728-2, D22730A-2, D22734A-2, D22737-2, D22739-6, D22743-2, D22746-2, D23367-2 SUBJECT TO: any lien for taxes that is or shall become due, zoning and other governmental restrictions, and all covenants, conditions, restrictions, easements, rights-of-way, liens, and other matters of record, or matters that could be disclosed by a visual inspection or accurate survey of the real property. TO HAVE AND TO HOLD unto ASSIGNEE the Easements herein described for the use and purposes set forth in each easement. The ASSIGNOR hereby conveys unto ASSIGNEE all warranties of title of any nature whatsoever which ASSIGNOR and its successors possess, however, ASSIGNOR warrants title as against all of its acts and no other acts. ASSIGNOR hereby assigns, and ASSIGNEE hereby assumes, all of ASSIGNOR’S rights, interests and obligations under the Easements and ASSIGNOR retains no rights, interests or obligations under the Easements. The land and improvements within the areas described in the Easements shall at all times be maintained and repaired at the sole cost and expense of the ASSIGNEE, its contractors, agents, successors or assigns. To the extent authorized by law, ASSIGNOR covenants and agrees to indemnify, defend, and hold harmless ASSIGNEE from and against any actions, suits, proceedings, or claims, and all costs and expenses (including without limitation, reasonable attorney’s fees and costs) incurred in connections therewith, based upon or arising out of any breach or alleged breach of the Easements, or arising in connection with the Easement occurring or alleged to have occurred before the date of the assignment. ASSIGNEE covenants and agrees to indemnify, defend, and hold harmless ASSIGNOR from and against any actions, suits, proceedings, or claims, and all costs and expenses (including without limitation, reasonable attorney’s fees and costs) incurred in connections therewith, based upon or arising out of any breach or alleged breach of the Easements, or arising in connection with the Easements, occurring or alleged to have occurred from and after the date of this assignment. Page 3 of 5 Project No.: TT344, TT367 and TT0367 Project Name: El Mirage Rd. (Northern Ave. to Peoria Ave.) Item Nos.: D22367-2, D22725A-2, D22727-2, D22728-2, D22730A-2, D22734A-2, D22737-2, D22739-6, D22743-2, D22746-2, D23367-2 The Easements shall inure to the benefit and be binding upon the ASSIGNEE and its respective successors and assigns. In witness whereof, ASSIGNOR and ASSIGNEE have executed this assignment as of the dates set forth herein. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGES FOLLOW. Page 4 of 5 Project No.: TT344, TT367 and TT0367 Project Name: El Mirage Rd. (Northern Ave. to Peoria Ave.) Item Nos.: D22367-2, D22725A-2, D22727-2, D22728-2, D22730A-2, D22734A-2, D22737-2, D22739-6, D22743-2, D22746-2, D23367-2 ASSIGNOR: MARICOPA COUNTY, a political subdivision of the State of Arizona By: Clint Hickman, Chairman Maricopa County 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 ________________ 2020, by Clint Hickman, as Chairman of the Maricopa County Board of Supervisors. Notary Public (signature) My Commission Expires Page 5 of 5 Project No.: TT344, TT367 and TT0367 Project Name: El Mirage Rd. (Northern Ave. to Peoria Ave.) Item Nos.: D22367-2, D22725A-2, D22727-2, D22728-2, D22730A-2, D22734A-2, D22737-2, D22739-6, D22743-2, D22746-2, D23367-2 ACCEPTED: ASSIGNEE: The City of El Mirage, a municipal corporation of the State of Arizona By: Printed Name: Its: (Title) APPROVED AS TO FORM: ATTEST: City Attorney City Clerk STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) On this day of , 2020, before me the undersigned Notary Public personally appeared , known to me to be the of The City of El Mirage, a municipal corporation of the State of Arizona, and, being duly authorized so to do, executed the foregoing instrument for the purposes therein contained. Notary Public (signature) My Commission Expires