SIDEWALK_EASEMENT_WITH_MARICOPA_COUNTY_(APN_139-49-020).PDF

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WHEN RECORDED MAIL TO:  
 
City of Mesa 
Real Estate Services 
PO Box 1466 
Mesa, Arizona 85211-1466 
 
SIDEWALK  EASEMENT 
Maricopa County, Arizona 
 
 
 
              
 
SE ¼ , Sec. 34 , T1N, R5E 
Parcel # 139-49-020 
ts 
 
 
 
 
 
 
 
 
 
 
 
MARICOPA COUNTY, a political subdivision of the State of Arizona, (the “Grantor”), for and in 
consideration of the sum of One Dollar and other valuable consideration, the sufficiency and receipt of 
which are hereby acknowledged, does hereby grant and convey to the CITY OF MESA, an Arizona 
municipal corporation, (the “Grantee”), a permanent easement over, across, under, and upon the lands 
described below (the “Easement Property”) to construct, install, access, maintain, repair, reconstruct, 
replace, remove, operate and use for a sidewalk (collectively “Facilities”); at such locations and elevations 
over, across, under, and upon the Easement Property as Grantee may now or in the future deem convenient 
or necessary, together with the unrestricted right of vehicular and pedestrian ingress and egress to, from and 
across the Easement Property.   
 
 
The lands over, across, under, and upon which this Easement is granted are situated in the County 
of Maricopa, State of Arizona, and are more particularly described as: 
 
Easement Property: 
SEE EXHIBIT “A” WHICH LEGALLY DESCRIBES THE 
PROPERTY,  ATTACHED HERETO AND BY THIS REFERENCE MADE A PART 
HEREOF FOR THE LEGAL DESCRIPTION 
 
 
1. 
Grantor’s Uses.  Grantor shall not, and shall not permit others to, construct, install or place 
any building or structure or improvement, drill any well, store materials of any kind, or alter ground level 
by cut or fill within the Easement Property without the prior written approval of the Grantee.  Additionally, 
Grantor’s use of the Easement Property shall be in compliance with all applicable City of Mesa codes and 
ordinances as may be amended from time to time; such ordinance requirements include but are not limited 
to having to obtain right-of-way and/or encroachments permits, as may be applicable. 
 
 
2. 
Improvements and Vegetation.  Grantee shall have the right to remove structures and 
improvements on the Easement Property whenever necessary to install Facilities or use the Easement 
Property as permitted herein, and further shall have the right (but not the obligation) to trim, cut, and clear 
away trees, brush, or other vegetation on the Easement Property whenever reasonably necessary for its use, 
operation, maintenance of, and access to the Facilities or for safety or reliability reasons.  
 
3. 
Ownership and Authority to Execute.  Grantor represents and warrants that Grantor is the 
owner of the Easement Property.  The individual(s) executing this document represents and warrants: (i) 
that he or she is authorized to do so on behalf of Grantor; and (ii) that he or she has full legal power and 
authority to bind Grantor in accordance with the terms herein and, if necessary, has obtained all required 
consents or delegations of such power and authority. 
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4. 
Governing Law, Venue, Jurisdiction, Construction, and Severability.  This instrument 
shall be construed in accordance with the laws of the State of Arizona.  A party shall bring any action 
related to a dispute arising out of this Easement in a court of appropriate venue and jurisdiction in 
Maricopa County, State of Arizona.  The rule of strict construction shall not apply to this instrument.  
This instrument shall be given a reasonable construction so that the intention of the parties is 
implemented.  If any provision of this Easement is or becomes illegal, or is found to be null or void for 
any reason, or is held unenforceable by a court of competent jurisdiction, the remaining portions of the 
Easement shall remain in full force and effect. 
 
5. 
Amendments.  This Easement may be amended only by recording, in the office of the 
Recorder of Maricopa County, Arizona, an instrument in writing reciting such amendment, bearing the 
acknowledged signatures of both parties hereto, or their successors and assigns. 
 
 
6. 
Running of Benefits and Burdens.  The benefits and burdens, and the covenants and 
agreements in this Easement shall run with and burden the land and shall extend and inure in favor and to 
the benefit of, and shall be binding on, Grantee and Grantor and their respective successors and assigns.  
 
 
7. 
Indemnity.  Grantee shall indemnify Grantor for any loss, cost or damage incurred by 
Grantor from third-party claims to the extent such claims result directly from any negligent installation, 
excavation, maintenance, repair, or other negligent work performed by Grantee to the Facilities within the 
Easement Property.  The indemnification in this Section 7 shall not apply to any third- party claims related 
to the negligent acts or omissions of Grantor.  
 
              
[SIGNATURES APPEAR ON THE FOLLOWING PAGE] 
 
 
 
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IN WITNESS WHEREOF, MARICOPA COUNTY has caused its name to be executed by its duly 
authorized representative(s) this _________ day of __________________, 20 
. 
 
 
 
MARICOPA COUNTY, a political subdivision of the State of Arizona 
 
 
 
 
 
 
 
 
By:  
 
 
 
 
 
 
Chairman of the Board of Supervisors 
 
ATTEST: 
 
 
 
 
 
 
 
 
Clerk of the Board 
 
 
Date 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
Deputy County Attorney 
 
Date 
 
 
 
 
STATE OF ARIZONA            ) 
 
 
 
 
) ss. 
COUNTY OF MARICOPA ) 
 
The foregoing Sidewalk Easement was acknowledged before me this _____ day of 
_____________________, 20 
, by  
 
 
 
 
 
 , acting as Chairman 
of the Board of Supervisors, for Maricopa County, who executed the foregoing instrument for the 
purposes therein contained. 
 
 
 
 
 
 
 
 
____________________________________ 
 
 
 
 
 
 
Notary Public 
 
________________________ 
(Notary Stamp/Seal) 
 
 
 
 
Note:   This instrument is exempt from the real estate transfer fee and affidavit of legal value required 
under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections 
11-1134(A)(2) and/or (A)(3).  
 
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7/21/2022

EXHIBIT  "A"
  LEGAL DESCRIPTION
FOR
4' SIDEWALK EASEMENT
OVER A PART OF APN 139-49-020
BEING A PORTION OF LOT 6, BASELINE COMMERCE CENTER AMENDED, RECORDED IN BOOK 254
OF MAPS, PAGE 37, RECORDS OF MARICOPA COUNTY, ARIZONA, ALSO BEING A PART OF THE
SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 5 EAST OF THE GILA AND
SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 6 AND BEING THE WEST RIGHT OF WAY
LINE OF LEWIS;
THENCE UPON AND WITH THE SOUTH LINE OF SAID LOT 6, SOUTH 89 DEGREES 34 MINUTES 27
SECONDS WEST, A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 34 MINUTES 27 SECONDS WEST, A DISTANCE OF 4.00
FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 24 MINUTES 43 SECONDS WEST, A
DISTANCE OF 361.22 FEET TO THE NORTH LINE OF SAID LOT 6;
THENCE UPON AND WITH SAID NORTH LINE, NORTH 89 DEGREES 35 MINUTES 08 SECONDS EAST,
A DISTANCE OF 4.00 FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 24 MINUTES 43 SECONDS EAST, A
DISTANCE OF 361.22 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA
OF 1,445 SQUARE FEET OR 0.033 ACRES OF LAND, MORE OR LESS.
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DocuSign Envelope ID: 170281C0-0CD9-478F-95DD-85DF55E9DBC6