WATER_SEWER_AND_GAS_LINE_EASEMENT_WTIH_MARICOPA_COUNTY_(APN_139-49-020).PDF
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{00434358.1}
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WHEN RECORDED MAIL TO:
City of Mesa
Real Estate Services
PO Box 1466
Mesa, Arizona 85211-1466
WATER, SEWER, AND GAS LINE UTILITY EASEMENT
Maricopa County, Arizona
SE ¼, Sec. 34, T1N, R5E
Parcel #139-49-020
MARICOPA COUNTY, a political subdivision of the State of Arizona, (the “Grantor”), for and in
consideration of the sum of One Dollar ($1.00) 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 (“Grantee”), for use as such, a permanent and exclusive water, sewer, and gas line
utility easement over, across, under, and upon the lands described below (the “Easement Property”). The
dedication of the Easement Property as a water, sewer, and gas line easement includes the following uses:
to construct, install, access, maintain, repair, reconstruct, replace, remove, operate and use for water, sewer,
waste water, and gas utilities and facilities including, but not limited to lines, pipes, conduit, manholes,
accessory metering and monitoring equipment, and all appurtenances thereto (collectively the “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 right to alter ground level by cut or fill and
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
ATTACHED
EXHIBIT
“A”
WHICH
LEGALLY
DESCRIBES THE EASEMENT PROPERTY, ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
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. Grantor shall not
grant or convey any rights related to the Easement Property that conflicts or interferes with the rights herein
given to Grantee.
2.
Improvements and Vegetation. Grantee shall have the right to remove structures and
improvements on the Easement Property whenever necessary to install, repair, replace or maintain the
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.
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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
that: (i) he or she is authorized to do so on behalf of Grantor; and (ii) 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.
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 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 Grantor and Grantee, 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_____.
GRANTOR:
By ___________________________
Name _________________________
Its Chairman of the Board of Supervisors
APPROVED AS TO FORM
ATTEST:
_________________________________
___________________________________
Deputy County Attorney Date
Clerk of the Board
Date
STATE OF ___________________ )
) ss.
COUNTY OF _________________ )
The foregoing Water, Sewer, and Gas Line Utility 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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