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DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Security Title Agency Date June 28, 2022
Address 4722 N. 24th St., Ste, 200 Phone _| 602-230-6271
City Phoenix, AZ 85016 Fax 602-926-0452
Escrow Officer _| Jason Bryant Email_| jbryant@SecurityTitle.com
Escrow No. 15200912-015-JB6-SW
Grantor: ALT 43 LLC, an Arizona limited liability company Phone:
Contact Vince & Chastity Karstetter Phone: | 602-622-2275
Mailing 22301 W. Magnolia St. flattsconstruction@hotmail.
Address: Email | com
City, State Zip Buckeye, AZ 85326 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: | Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009
MARICOPA COUNTY shall pay directly to the Grantor, or Sub- Charges and Disbursements to be paid from Grantor's funds as
deposit with the Title Company if escrowed, the purchase price Object | follows (check all that apply):
plus ali lawful costs incidental to closing as follows: Code ; ;
Escrow Fees TBD [1 Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees TBD monetary liens and encumbrances, and leases of any kind.
Title Report $750.00 Pay in full all due and delinquent real property taxes and
Title Report Credit ($750.00) general and special improvement assessments. Prorate the
Total Escrow & Title Fees TBD current year's real property taxes on closings that occur on or
after the 3rd Monday of August each year. Escrow Agent
Recording Fees: shall withhold the prorated amounts from each party and pay
Release & Reconveyance the lien of the current year's taxes in full,
Release of Lease
[| 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
Total Recording Fees TBD property taxes and general and special improvement
assessments, including full payment of taxes and
Other Charges: assessments on individual assessor parcels within
Release Fees Maricopa County's partial acquisition, and any Certificate(s)
Consent Fees of Purchase. The current year's taxes shall not be prorated
Taxes -Prorated regardless of the closing date. |
[<__Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD
(Other Disbursements: __|
Sub Total TBD
Land, Irrigation Easement, $162,905.20
TCE and improvements* Possession date:
Total Compensation $162,905.20 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes KJ | No]
Exhibit "B"
Total Escrow & Title Costs TBD 14 Entry Agreement Yes] | No {}
Exhibit “C” BWCCD Easement attached
Total Purchase Price $162,905.20 hereto and made a part here of Yes XJ | Nol]
TOTAL WARRANT** TBD
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
Project: MC 85 at Verrado Way PCN: | TTOS72
Assessor Parcel No.: 502-53-008B Item No | D23754
Right of Way Agent: Wayne Jones Telephone # | 602-506-4747
Page 1 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) 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 upon execution of the conveyance by the MARICOPA COUNTY BOARD OF
SUPERVISORS.
The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold 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.
Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate
all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance, and pay the 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 Real Estate Department 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 copy of this 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 loan 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 altemative, 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.
If any element of this transaction is not handled through a title company, the conveyance will 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 also includes; 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.
MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA 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 shall be submitted in accordance with the requirements of ARS 12-821.
This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.
It is further agreed settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary purpose, in
conjunction with any judicial or administrative proceeding.
GRANTOR: ALT 43 LLC, an Arizona limited RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
liability company
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
By: OF TRANSPORTATION SUPERVISORS
ZN re Signed by:
Its: ~“4e, 60 Pal. Meyte
Date: _ P_ A — ZoI>? Pate Mat if
PA Dae | ee YA Right of Way Supervisor Chairman of the Board
By: UM 9/9/2022
fn ATTEST:
ts: MM by at Date
Date: - Ge ZOZt
Approved as to form within the
powers and authority of the Board of
spe oeusianed by: Clerk of the Board of Supervisors
(Wasre Peel 9/9/2022
TROON | A Lol
Deputy ‘ounty Attorney _ Date Date
Page 2 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 502-53-008B
Project No.: TT0572
Project Name: MC85 at Verrado Way
Project Termini: 1,500 feet North & 1,200 feet South of the
intersection
Item No.: D23754 (WJ)
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 herein for the general welfare and benefit of the public.
B. That the compensation set forth on page one (1) of this Agreement includes compensation for:
¢ To pay the Grantors for land in fee simple estate
* To pay the Grantors for the irrigation easement between Buckeye Water Conservation &
Drainage District (BWCDD) and the Grantors.
¢ Improvements located on the property as follows:
o Three (3) tons of gravel (delivered)
o Two (2) mature Palo Verde trees delivered and installed)
¢ To pay the Grantors for two temporary construction easements
C. 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.
D. With respect to the development/redevelopment of the property prior to construction of project TT0572,
Grantor will be responsible only for the costs of improvements required by the County or a municipality
as part of a regulatory approval related to development/redevelopment of the property.
THE GRANTORS AGREE:
1. That in exchange for the compensation set forth in this Agreement, to grant a Warranty Deed for the real
property described herein including a Temporary Construction Easement (TCE) to Maricopa County for
the general welfare and benefit of the public.
2. That in exchange for the compensation set forth in this Agreement, to grant an irrigation easement to
Buckeye Water Conservation & Drainage District (B WCDD) as referenced in “B” above.
3. That the compensation set forth in this Agreement includes compensation for all items referenced in “B”
above.
4, 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" above.
Page 3 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
Exhibit “A”
Attached to Fee Simple Right of Way
Parcel No. 502-53-008B
Project No. TT0572
MC 85 and Verrado Way Intersection Improvements
Item No. D23754
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A patcel of land in the Southwest quarter of Section 31, Township 1 North, Range 2 West of the Gila
and Salt River Base and Meridian, and being more patticularly described as follows:
Commencing at the Southwest corner of said Section 31, being a brass cap flush, from which the West
quarter corner of said Section 31, an aluminum cap, bears North 00°13'36" East, for a distance of
2648.85 feet, and from which the Northwest corner of Section 6, Township 1 South, Range 2 West, a
brass cap flush, bears South 89°27'30” Hast, for a distance of 164.27 feet;
thence along the West line of said Southwest quarter North 00°13'36" East, for a distance of 362,19
feet;
thence departing said West line South 89°46'24" East, for a distance of 94.13 feet to a point on a non-
tangent curve, said point also being the easterly right of way line of Verrado Way and the Point of
Beginning;
thence northerly along the arc of said curve concave to the west having a radius of 1472.39 feet, and to
which point a radial line bears North 80°47'24" East, having a central angle of 00°53'21 " for an arc
distance of 22.85 feet to the beginning of a non-tangent line;
thence North 10°05'57" West, for a distance of 140.66 feet to a point on a line parallel with and 40.00
feet easterly of the West line of said Southwest quarter;
thence along said parallel line North 00°13'36" East, for a distance of 247.29 feet;
thence departing said parallel line South 03°51'21" East, for a distance of 409.22 feet to the Point of
Beginning.
The above described parcel contains 3,589 square feet or 0.0824 acres, more or less, and is depicted on
the attached Exhibit “B”.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim:10/30/2020 LV __| Chk: | Appr: AW¢ 12/29/2020
Rev:
Maricopa County Real Estate Department
GRANTOR JK _ WC DATE 414 [2012
Page 1 of 1 PA Page4 _0f26 |
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
VERRADO WAY
504-44-038D
EXIST R/W
an ON 00°93'36"E 2648.85" ~~
>
\\
Exhibit "B", Attached to Fee Slmple Right of Way
Not to Scale
~~
\N
1\
Vy
\
\
i \
\
I
i
mm
S 89°27'30"E
164,27'
400-10-019
I
D23754 Area: 3,589 square feet or 0,0824 acres
NO. [RADIUS | DELTA | LENGTH | TANGENT
C1 |1472.30' | o0°sa'21" | 22.85" | 11,42"
NO. | RADIAL BEARING| LENGTH
RBi | NB0°47'24"E | 1472.39"
NS NO, | BEARING LENGTH
Li | Nooigse"E | 362.19"
= 12 | Sese2de | 94.13! /
ort LbS_[_N to°0s's7" w | 140.66" /
2 L4_| NOO%43'36"E | 247.29! /
a 1B | sostsv2i"E | 409.22 | /
t
7
|
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1
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D23754
ra
\ |
| | 23764
Vy ALT 43 LLG
I 502-63-008B
1/
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EXIST RW
ean
\ Qo eee 2304,52! ——-7~
400-09-005
Total Req'd. Area: 3,589 square feet or 0.0824 acres 41 0f 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 502-53-008B MG 85 AND VERRADO WAY INTERSECTION IMPROVEMENTS
PROJECT No, TT0572 ITEM No, D23754 DATE 10/30/2020 RWK.S, Tech LV PA Page _5 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
Exhibit “A”
Attached to Buckeye Water Conservation and Drainage District (BWCDD) Temporary
Construction (TCE) Easement
Parcel No. 502-53-008B
Project No. TT0572
MC 85 AND VERRADO WAY INTERSECTION IMPROVEMENTS
Item No. D23754
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land in the Southwest quarter of Section 31, Township 1 North, Range 2 West of the
Gila and Salt River Base and Meridian, and being more particularly described as follows:
Commencing at the Southwest corner of said Section 31, being a brass cap flush, from which the
West quarter corner of said Section 31, an aluminum cap, bears N 00° 13” 36’ E, for a distance
of 2648.85 feet, and from which the Northwest corner of Section 6, Township 1 South, Range 2
West, a brass cap flush, bears S 89° 27’ 30’’ E, for a distance of 164.27 feet:
Thence along the West line of said Southwest quarter N 00° 13’ 36°’ E (Basis of Bearing for this
Legal Description), a distance of 1324.06 feet, thence S 89° 46’ 24°’ E, departing perpendicularly
from said basis of bearing line, a distance of 65.00 feet, to the Point of Beginning for this Legal
Description;
Thence S 89° 27’ 03°’ Ea distance of 190.35 feet,
Thence S 00° 17’ 23°” W a distance of 99.31 feet,
Thence S 89° 44’ 34’ W adistance of 131.96 feet,
Thence S 00° 54’ 22’” W a distance of 77.92 feet,
Thence S 88° 35’ 04’ Ea distance of 42.65 feet,
Thence S 00° 13’ 36’’W a distance of 369.83 feet,
Thence S 03°51’ 21°’ Ea distance of 500.00 feet,
Thence S 86° 08’ 39’’ W adistance of 94.21 feet,
Thence northerly along the arc of a curve concave to the west having a radius of 1472.39 feet,
and to which point a radial line bears North 80° 47’ 24°’ East, having a central angle of 03° 40°
44’, for an arc distance of 94.54 feet,
Thence N 03° 51’ 21°" W a distance of 409.22 feet,
Thence N 00° 13’ 36” Ea distance of 553.69 feet, back to the Point of Beginning.
The above described parcel contains 110,732 square feet or 2.542 acres, more or less; and is
depicted on the attached Exhibit “B”.
MICHAEL J.
PA Page 6 of 26 HENRICH
DocuSign Envelope ID: ABDD5F61-E618-4EAE-A927-89C555EA0214
Exhibit "B"
i
MATCH LINE SHEET 2
Attached to Temporary Construction Easement N
eH
oy H
O H
a, 1
LU] &
co S 502-53-011A Not to Scale
21N | New
ore BWCDD
& . Esmt Lf Parcel Line
S| 65.00 1 LO LO
S 89° 46' 24" E T
i 1
| H POB i
caterers emer rs
r H 1
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ws Existing | ! 14
iol RW NG Va NO. BEARING | LENGTH
aie ! Li | sege27os"E[ 190.35"
ats j 12 | soo1723"w] 99.31"
rosy i 5
z aN i SL L3 | $89°44'34"W| 131.96
1 i L4 | $00°54'22"W| 77.92"
i L5 | $88°35'04"E]} 42.65'
: H I L6 | $00°13'36"W] 369.83"
= I Lio | N00°13'36"E | 553.69"
= I ‘New
] F BWCDD 502-53-008B
O 1 Esmt
< r a
7 I
WW |
> * New TCE
: I Va MIGHAEL J.
j HENRICH
Total Req'd. BWCDD Easement Area: 110,732 square foot or 2.542 acres Sheet 1 of 4
MARICOPA COUNTY
INTERSECTION IMPROVEMENTS AT MC 85 AND VERRADO WAY
PROJECT No, TT0572 ITEM No. D27354 DATE 03/17/2022
RIW AGENT WJ
PAGE 2 OF 6
PA Page 7 of 26
DocuSign Envelope ID: A6DD5F61-E618-4EAE-A927-89C555EA0214
Exhibit "B"
Attached to Temporary Construction Easement
Existing
R/W
'
N 00° 13' 36" E
1324.06"
VERRADO WAY
5
VA
MATCH LINE SHEET 1
i oot
Va TCE
MATCH LINE SHEET 3
N
Not to Scale
NO. BEARING LENGTH
L6 $ 00° 13' 36" W| 369.83"
L10 | N00°13'36"E | 553.69"
502-53-008B
Total Req'd. BWCDD Easement Area: 110,732 square foot or 2.542 acres Sheet 2 of 4
MARICOPA COUNTY
INTERSECTION IMPROVEMENTS AT MC 85 AND VERRADO WAY
PROJECT No, TT0572
ITEM No. D23754
DATE 03/17/2022
RIW AGENT WJ
PAGE 3 OF 6
PA Page 8 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
Exhibit "B"
Attached to Temporary Construction Easement
Total Req'd. BWCDD Easement Area: 110,732 square foot or 2.542 acres Sheet 3 of 4
N
MATCH LINE SHEET 2
1 Not to Scale
i
i Sn TCE
H 1
1 ‘New
i BWCDD
H 1 Esmt
Existing i i NO. BEARING | LENGTH
RAW | i L7 | $03¢51'21"E | 500,00"
tj Lo | N03°51'21"W| 409.22"
w | i
SI= New rw i
<= Ai VA v7
, 8 | i 502-53-008B
x an
= | i
oO .
Q H \
2 i
oe :
or | i
S i
|i
MATCH LINE SHEET 4
MARICOPA COUNTY
INTERSECTION IMPROVEMENTS AT MC 85 AND VERRADO WAY
PROJECT No. TT0572
ITEM No, D23754
DATE 03/17/2022
RIW AGENT WJ
PAGE 4 OF 6
PA Page 9 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
Exhibit "B"
Attached to Temporary Construction Easement N
MATCH LINE SHEET 3
\ 14
x it Not to Scale
H * ‘New TCE
Existing 1 ‘New Va
ae * BWCDD
| Esmt
I 502-53-008B
8 & New R/W: i
Olt *
TIN
&|2 \ \
S 1 NO. BEARING LENGTH
i L7 $ 03°51'21"E | 500.00’
2 \ L8 S 86° 08' 39"W} 94.21!
= \ 1 Lo | No3°5t' 21" W| 409.22"
e |
Z \ |
o \ |
a |
> Di /
cr \ 7
\ La NO.| RADIUS] DELTA |LENGTH] TANGENT
aA Ki INA
C1 | 1472.39' | 03° 40' 44"
94,54" 47,29
uence MC 85
S 89° 27' 30" E \
164.27" \
Total Req'd. BWCDD Easement Area: 110,732 square foot or 2.542 acres Sheet 4 of 4
MARICOPA COUNTY
PROJECT No. TT0572
INTERSECTION IMPROVEMENTS AT MC 85 AND VERRADO WAY
ITEM No. D23754
DATE 03/17/2022 RIW AGENT WJ
PAGE 5 OF 6
PA Page 10 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
Exhibit “A”
Attached to Temporary Construction Hasement
Parcel No. 502-53-008B
Project No. TT0572
MC 85 and Verrado Way Intersection Improvements
Item No. D23754-TCE 2
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
D23754-TCE 2
A parcel of land situate in the Southwest quarter of Section 31, Township 1 North, Range 2 West of
the Gila and Salt River Base and Meridian, and being mote particularly described as follows:
Commencing at the Southwest corner of said Section 31, being a brass cap flush, from which the West
quarter corner of said Section 31, an aluminum cap, bears North 00°13'36" East, for a distance of
2648.85 feet, and from which the Northwest corner of Section 6, Township 1 South, Range 2 West, a
brass cap flush, bears South 89°27'30” East, for a distance of 164.27 feet;
thence along the West line of said Southwest quarter North 00°13'36" East, for a distance of 65.00 feet;
thence departing said West line South 89°27'30" East, for a distance of 113.04 feet to the Point of
Beginning;
thence North 01°54'03" East, for a distance of 13.38 feet to the beginning of a tangent curve concave to
the west having a radius of 1472.39 feet;
thence northerly along the arc of said curve having a central angle of 00°08'27", for an arc distance of
3.62 feet to the beginning of a non-tangent line;
thence South 89°27'30" East, for a distance of 13.00 feet;
thence South 00°32'30" West, for a distance of 17.00 feet;
thence North 89°27'30" West, for a distance of 13.40 feet to the Point of Beginning.
The above described parcel contains 224 square feet or 0.0052 acres, more or less and is depicted on
the attached Exhibit “B”.
GRANTOR Vk oan ala\ WwW
Page | of 1 PA Page 11 of _26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
Exhibit "B", Attached to Temporary Construction Easement
N
NO. TRADIUS | DELTA | LENGTH | TANGENT
Z ci |1472.39' | oo°08'27" | 3.62" 1.81"
NO. | __BEARING LENGTH
N L10 | No0°13'36"E | 65.00"
/ Ltt | 889°27'30"E | 113,04
iI} 3 502 Li2 | Notseos"E | 13.38" Not fo Scale
S| 7 53 Lia | $89°27'30"E | 13.00"
[11 & ott Lia | §00°32'30"w | _ 17.00'
x %§ Lis | Ngg°27'30"w | 13.40'
t
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io \ 23754
& TCE 2
504 St
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23754 ao
ALT 43 LLC
502-53-008B
See Detail
Hereon
D23754-TCE 2
P.O.C,
S 89°27'30" E
164.27'
400-140-019
D23754-TCE 2 Area: 224
square feet or 0.0052 acres
MARICOPA GOUNTY DEPARTMENT OF TRANSPORTATION
APN 502-53-008B MC 85 AND VERRADO WAY INTERSECTION IMPROVEMENTS
PROJECT No, TT0572
ITEM No, 023754-TCE DATE 4/19/2022
RW KS. Tech JHA
IPAPage12 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
EXHIBIT "Cc"
WHEN RECORDED MAIL TO: Easement
BUCKEYE WATER CONSERVATION AND
DRAINAGE DISTRICT
205 Roosevelt Ave
Buckeye, Arizona 85326
EASEMENT
This Agreement is made this lo day of Seplember-, 202_2._, by and between Alt 43 LLC,
an Arizona limited liability company, hereinafter "Grdntor’ and BUCKEYE WATER CONSERVATION
AND DRAINAGE DISTRICT (“BWCDD” or “Grantee”) an irrigation and water conservation district, a
municipal corporation, and a political subdivision of the State of Arizona.
Recitals
A- Grantor conducts certain operations in the Easement Parcel (as such term is defined
below);
B- Grantee and its predecessors in interest since 1887 have operated the Buckeye Canal and
associated laterals, ditches, and drainage system, located throughout the western part of Maricopa County,
Arizona (the “Buckeye Canal System’) pursuant to authority granted in part by the government of the United
States and faws enacted by Congress; and
C- Grantor and Grantee wish to formalize their mutual rights and duties with respect to the
Easement Parcel.
D- When BWCDD agrees to move its existing facilities to a new location, at the request of and
for the benefit of a third party, BWCDD typically requires that the land upon which the new facilities will be
located to be conveyed to BWCDD in unencumbered fee title. In such circumstances, anyone wishing to
cross BWCDD’s facilities would be required to obtain a license to cross such facilities. In this instance,
Maricopa County mistakenly purchased an easement, rather than fee title, for BWCDD's relocated facilities.
BWCDD is accepting this Easement as a one time exception to its typical requirements.
Agreement
In consideration of the mutual agreements and covenants set for the herein, Grantor and Grantee
agree as follows:
1. Subject to the provisions of Section 6 below, "Grantor hereby grants and conveys to
Grantee,” a permanent easement to enter upon and use the lands, more particularly described on Exhibit
“A” attached hereto (the Easement Parcel”) for Access, Irrigation, Construction/operation of facilities
and utilities.
2. BWCDD and Grantor may each use the Easement Parcel provided Grantor’s use is not
inconsistent with BWCDD's operation and maintenance of the Buckeye Canal System.
3. Grantor reserves the right to use (a) the portion of the Easement Parcel described on
“Exhibit “B” attached hereto for a driveway for ingress and egress (the “Driveway Reservation’) to the
property described in Exhibit "C” attached hereto, and (b) the Easement Parcel for the operation,
maintenance and repair of landscaping, utilities and any other improvements agreed to in writing by Grantee
268365804.v 1-8/26/22 PA Page 13 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
(the “Improvements’), subject to Grantee's rights set forth herein granted; provided that the Improvements
shall not impede nor interrupt Grantee’s operations and maintenance activities with respect to the Easement
Parcel or the Buckeye Canal System, or Grantee's use of the Easement Parcel.
4, Grantee shall be solely responsible, at its expense, for maintenance over the Easement
Parcel related to the Buckeye Canal System. Grantor shall be solely responsible for the expense of
maintenance of any Grantor Improvements on the Easement Parcel. Grantee shall have the right to close
public access to any portion of the Easement Parcel reasonably necessary to conduct maintenance or
construction activities, for the length of the activities. Grantee shall provide Grantor with ten (10) day notice
of any such closure, unless the maintenance activity is in response to an emergency and prior notice would
be impracticable.
5. Grantee shall have the right, within the Easement Parcel to construct, operate and maintain
an open ditch or underground pipe as part of the Buckeye Canal System, with the right to change from
open ditch to underground pipe at any time at its option for the purpose of collecting underground water,
carrying surface water and waste waters or any other purpose that is consistent with the purposes of
BWCDD. Grantee shall also have the right to construct, operate and maintain water, electric and other
utility facllities within the Easement Parcel. In connection with, and no later than the time of completion of,
Grantee's conversion of the open ditch to underground pipe within the Easement Parcel that includes the
Driveway Reservation, Grantee shall construct a dirt crossing for ingress and egress over the underground
pipe that is no less than forty (40) feet wide and consists, in part, of an underground pipe of no less than
"Class 5 Pipe” with a minimum of three (3) feet of pipe bedding and backfill over the underground pipe,
thereby creating a forty (40) foot wide right of way for ingress and egress over the underground pipe that
resides within the Driveway Reservation.
6. Grantor acknowledges that Grantee is the beneficiary of a right-of-way reservation
pursuant to the Canal Act of 1890 (43 USC § 945) (the "Canal Act’) for the construction, maintenance, and
operation of the Buckeye Canal, and that this Easement is supplemental to, confirmatory of, and not in
derogation of any and all rights Grantee has under the Canal Act, all use rights Grantee has under that Act
for all activities incidental to the operation and maintenance of the Buckeye Canal system, and all
prescriptive prior rights of Grantee. Grantor shail take no actions that would limit, hinder, or compromise
Grantee's rights under the Canal Act.
7. Grantor shall submit to Grantee all plans and specifications for any Improvements to be
made within the Easement Parcel for Grantee's review and approval. Any Improvements shall be designed
and constructed in accordance with sound engineering principles and practices, in a good and workmanlike
manner and shall comply with all applicable laws, rules, codes, statutes, regulations and ordinances.
Grantor may select a contractor for construction of the Improvements, provided that the Improvements do
not conflict with or require construction that would directly affect Grantee’s irrigation or other
facilities. Grantee has the right to inspect any and all Improvement activities. Grantor shall be responsible
for all regulatory compliance associated with any Grantor Improvements.
8. Indemnification
a. To the extent allowable by law, Grantee agrees to indemnify, defend, protect and
hold Grantor, its successors and assigns, officers, directors, employees, partners,
representatives and agents (the "Grantor Indemnitees’) harmless from, of, for and
against any and all liabilities, claims, damages, demands, obligations, expenses,
costs, including attorneys’ fees and court costs, and causes of action resulting
from, arising out of or relating to the use of the Easement Area by Grantee and its
invitees, agents, employees, and contractors. Notwithstanding any of the
foregoing, Grantee shall not be required to indemnify, defend, protect and hold
harmless, release or discharge the Grantor Indemnitees if any such liabilities,
claims damages, demands, obligations, expenses, costs, including attorneys’ fees
2 PA Page 14 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
and court costs or causes of action result from, arise out of or related to the
negligence or intentional misconduct of a Grantor Indemnitee.
b. To the extent allowable by law, Grantor agrees to Indemnify, defend, protect and
hold Grantee, its successors and assigns, officers, directors, employees, partners,
representatives and agents (the "Grantee Indemnitees”) harmless from, of, for and
against any and all liabilities, claims, damages, demands, obligations, expenses,
costs, including attorneys’ fees and court costs, and causes of action resulting
from, arising out of or relating to the use of the Easement Area by Grantor and its
invitees, guests, agents, employees, and contractors. Notwithstanding any of the
foregoing, Grantor shall not be required to indemnify, defend, protect, and hold
harmless, release, or discharge the Grantee Indemnitees if any such liabilities,
claims damages, demands, obligations, expenses, costs, including attorneys’ fees
and court costs or causes of action result from, arise out of or related to the
negligence or intentional misconduct of a Grantee Indemnitee.
c. Whenever a party is required to indemnify, defend, protect and hold harmless (the
"Indemnifying Party”) another pursuant to any terms of Section 8, the amount of
the damages to be paid by or on behalf of the Indemnifying Party will, subject to
the provisions of this Section 8, be calculated after giving effect to (and reduced
by) (i) any amounts to which the Indemnitee has received from third parties in
connection with such item of damages, net of any costs or expenses of collecting
such amounts (“Reimbursements”), and (ii) the Net Proceeds of any insurance
policy received by the Indemnitee with respect to such damages. For purposes of
this Section 8(c), "Net Proceeds” means the insurance proceeds actually received,
less any deductibles, co-payments and expenses of collecting from the insurance
provider. If any Indemnitee receives any Reimbursement or Net Proceeds after
an indemnification payment is made which relates thereto, the Indemnitee shall
promptly repay to the Indemnifying Party such amount of the indemnification
payment as would not have been paid had the Reimbursement or Net Proceeds
reduced the original payment at such time or times as and to the extent that such
Reimbursement or Net Proceeds is actually received.
d. Notwithstanding anything to the contrary herein, an Indemnitee may not assert
multiple claims under this Section 8 in order to recover duplicative damages in
respect of a single set of facts or circumstances under more than one
representation, warranty, covenant or agreement in this Agreement whether such
facts or circumstances would give rise to a breach of more than one
representation, warranty, covenant or agreement in this Agreement.
9. Any notice hereunder to be given by Grantor to Grantee shall be in writing and shall be
given by personal delivery, overnight courier service, or United States certified or registered mail, return
receipt requested, postage prepaid, to Buckeye Water Conservation and Drainage District, 205 Roosevelt
Ave, Buckeye, Arizona, 85326, Attention: Administrative Manager. Any notice to be given hereunder by
Grantee, to Grantor shall be in writing and shall be given by personal delivery, overnight courier service, or
United States certified or registered mail, return receipt requested, postage prepaid, to Alt 43 LLC, an
Arizona limited liability company, 22301 W. Magnolia Street, Buckeye, AZ 85326, Attention: Vince and
Chastity Karstetter. Either party may designate by written notice, a new address to which any such notice
shall thereafter be so addressed and mailed,
10. Each of the easements, covenants, conditions, restrictions, rights and obligations set forth
herein runs with the land and creates equitable servitudes in favor of the Grantee and its successors and
assigns, binds every person having any fee, leasehold or other interest therein and inures to the benefit
and the respective parties and their successors, assignees, heirs and personal representatives.
Be PA Page 15 of 26
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
14. Any subsequent owner of the Easement Parcel or any portion thereof, by accepting a deed
conveying title thereto, or the execution of a contract for the purpose thereof, whether from the original
Grantor from a subsequent owner of such Easement Parcel, or any portion thereof, accepts such deed or
contract subject to each and all of the easements, covenants, conditions, restrictions and obligations
contained herein, and assumes the obligation of Grantor hereunder. By such acceptance and assumption,
any such subsequent owner for his- or herself and his or her successors, assignees, heirs and personal
representatives, covenants, consents and agrees to keep, observe, comply with, and perform the
obligations and agreements of Grantor set forth herein with respect to the real property so acquired by such
subsequent owner.
12. Each provision of this Easement in the application thereof to the Easement Parcel and
hereby declared to be independent and severable from the remainder of this Easement. {f any provision
contained herein is held to be invalid or to be unenforceable or not to run with the land, such holding does
not affect the validity or enforceability of the remainder of this Easement.
13. Time is of the essence of this Easement.
14, This Easement contains a complete understanding and agreement of the parties hereto
with respect to all matters referred to herein, and all prior representations, negotiations, and understandings
are superseded hereby. Exhibits attached hereto are incorporated herein by this reference,
16. The laws of the State of Arizona govern the interpretation, validity, performance and
enforcement of this Easement, except to the extent that the rights of any party are governed by the Canal
Act or other federal law.
16. In the event of a breach or attempted or threatened breach of the provisions of this
Agreement, the remedy at law available to enforce this instrument would in all likelihood be inadequate
and, therefore, this instrument may be enforced by mandatory or prohibitory injunction or decree of specific
performance upon the application of the affected party.
17. This Easement may be executed in as many counterparts as may be convenient or
required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of
all persons required to bind any party, appear on each counterpart. All counterparts shall collectively
constitute a single instrument.
18. The Recitals set forth above are true and correct and incorporated herein by this reference.
g | Wy WITNESS WHEREOF, the parties have executed this easement this b day of
, 2022. .
BUCKEYE WATER CONSERVATION AND Ait 43 LLC, an Arizona limited liability company
DRAINAGE DISTRICT ZEKE
, a political subdivision of the State of Arizona By ~~" 4 =
By AOC & Its if Nes tes Goad
Noel Carter f Watt. Y | |
Its General Manager
Its Nwithe
JANET & GIMG
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
COMMISSION # 696208
MY COMMISSION EXPIRES
FEBRUARY 21, 2025
PA Page 16 of 26 -4-
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
ACKNOWLEDGMENT
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this & day of , 2022, before me, the undersigned Notary
Public, personally appeared Noel Carter, known to me to be the General Manager of BUCKEYE
WATER CONSERVATION AND DRAINAGE DISTRICT, a political subdivision of the State of Arizona,
and they, being duly authorized so to do, executed the foregoing instrument for the purposes
therein contained.
In witness whereof, | have hereunto set my hand and official seal.
NOFARY PUBLIC
My Commission Expires:
fe | Q = non he SIME
2d Aa Zy A095 THARICOPR CANTY
U MYCOMMISSION EXPRRES — |
FEBRUARY 21, 2025
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this £4 _ day of 4. zh, 2022 before me, the undersigned Notary
Public, personally appeared “77% . ZAaknown to me to be the Ola beso
of Alt 43 LLC, an Arizona limited iabiliy company, and he/she, being duly authori
so to do, executed the foregoing instrument for the purposes therein contained.
In witness whereof, | have hereunto set my hand and official seal.
Ot Swe
NOFARY PUBLIC
My Commission Expires:
hve fh n= DAS
TARY PUBLIC - ARIZONA
MO MARIDOPA COU UNTY
COMMIS!
Y OS ION EXPIRES
MY EEDRUARY 21,2025
PA Page 17 of 26 —
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
STATE OF ARIZONA )
)ss:
County of Maricopa )
On this @ day of WE 2 Zi-before me, the undersigned Notary
Public, personally appeared (/ 1” He, known to me to be the
of Alt 43 LLC, an Arizona limited liability company, and he/she, being duly authorized
so to do, executed the foregoing instrument for the purposes therein contained.
In witness whereof, | have hereunto set my hand and official seal.
OWit Syd
NOTARY PUBLIC
My Commission Expires:
JANET F SIMS |
NOTARY PUBLIC - ARIZONA.
MARICOPA COUNTY
COMMISSION # 596288
MY COMMISSION EXPIRES
FEBRUARY 21, 2025
PA Page 18 of 26 Be
DocuSign Envelope ID: A6DD5F61-E618-4EAE-A927-89C555EA0214
Exhibit “A”
Attached to Buckeye Water Conservation and Drainage District (BWCDD) Easement
Parcel No, 502-53-008B
Project No. TT0572
MC 85 AND VERRADO WAY INTERSECTION IMPROVEMENTS
Item No. D23754
LEGAL DESCRIPTION FOR EASEMENT
A parcel of land in the Southwest quarter of Section 31, Township | North, Range 2 West of the
Gila and Salt River Base and Meridian, and being more particularly described as follows:
Commencing at the Southwest corner of said Section 31, being a brass cap flush, from which the
West quarter corner of said Section 31, an aluminum cap, bears N 00° 13’ 36”’ E, for a distance
of 2648.85 feet, and from which the Northwest comer of Section 6, Township 1 South, Range 2
West, a brass cap flush, bears S 89° 27’ 30°’ E, for a distance of 164.27 feet:
Thence along the West line of said Southwest quarter N 00° 13’ 36’’ E (Basis of Bearing for this
Legal Description), a distance of 1324.06 feet, thence S 89° 46’ 24”’ E, departing perpendicularly
from said basis of bearing line, a distance of 65.00 feet, to the Point of Beginning for this Legal
Description;
Thence S 89° 27’ 03’’ Ea distance of 190.35 feet,
Thence S 00° 17’ 23°’ W a distance of 37.38 feet,
Thence N 89° 46’ 24’’ W a distance of 170.33 feet,
Thence S 00° 13’ 24°’ W a distance of 272.94 feet,
Thence S 00° 13° 36° W a distance of 241.60 feet,
Thence S 03° 51° 21°’ Ea distance of 462.22 feet,
Thence S 27° 32’ 48°’ W a distance of 28.36 feet,
Thence northerly along the arc of a curve concave to the west having a radius of 1472.39 feet,
and to which point a radial line bears North 80° 47’ 24’’ East, having a central angle of 03° 02°
21°’, for an arc distance of 78.10 feet,
Thence N 03°51’ 21°’ Wa distance of 409,22 feet,
Thence N 00° 13’ 36’’ Ea distance of 553.69 feet, back to the Point of Beginning.
The above described parcel contains 26,838 square feet or 0.616 acres, more or less; and is
depicted on the attached Exhibit “B”.
MICHAEL J.
PA Page 19 of 26 HENRICH ¥
DocuSign Envelope ID: AGDD5F61-E618-4EAE-A927-89C555EA0214
Exhibit "B"
MATCH LINE SHEET 2
Attached to BWCDD Easement N
al 502-53-011A
LUPE
& < i Not to Scale
foi wa BWCDD
2 Esmt L1 Parcel Line
o
SL__ 65.00! 1 L/ LO
S 89° 46' 24" E T
1
POB
: I
a er
i XS
: I L3
|
1 !
!
!
!
Ww Existing f
to 1 RW I NO. BEARING | LENGTH
ive]
ea es ! L1 | $89°27'03"E| 190.35"
% 1S Ld 12 | S$00°17'23"W! 37.38"
z oN vO L3. | N89°46'24"°W] 170.33"
, i L4 | $00°13'24"W] 272,94"
i LO | N00°13'36"E | 553.69'
i
> I
<x i New 502-53-008B
H = i BWCDD New TCE
8 : Esmt Vv
H i
iw :
| ul I
i MICHAEL J.
1 ! HENRICH
I e y
i
Total Req'd. BWCDD Easement Area: 26,838 square foot or 0.616 acres Sheet 1 of 4
MARICOPA COUNTY
PA Page 20 of 26
INTERSECTION IMPROVEMENTS AT MC 85 AND VERRADO WAY
PROJECT No. TT0572 ITEM No. D23754
DATE 03/17/2022
RIW AGENT WJ
PAGE 2 OF 6