WATER LINE EASEMENT WEST EXHIBIT.PDF

WHEN RECORDED MAIL TO:  
 
City of Mesa 
Real Estate Services 
PO Box 1466 
Mesa, Arizona 85211-1466 
 
 
WATER LINE EASEMENT 
Maricopa County, Arizona 
 
 
 
             W______  C_______ 
SE ¼, Sec. 34, T1N, R5E 
Parcel #139-49-001X 
ji/ 
 
 
 
 
 
 
 
 
 
 
 
 
 
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, (the “Grantee”), a permanent and exclusive waterline easement over, 
across, under, and upon the lands described below (the “Easement Property”) to construct, install, access, 
maintain, repair, reconstruct, replace, remove and operate a waterline, meter, and all appurtenances 
thereto, 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 ATTACHED EXHIBIT “A, WEST WATERLINE” 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, repair, replace or maintain said 
waterline 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. 
 
 
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.  
 
 
 
 
 
 
 
 
 
 
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]

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: Clint Hickman 
Chairman of the Board of Supervisors 
 
ATTEST: 
 
 
 
 
 
 
 
 
Clerk of the Board 
 
 
Date 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
Deputy County Attorney 
 
 
 
 
STATE OF ARIZONA 
 
) 
 
 
 
 
 
 
 
) ss. 
 
 
COUNTY OF MARICOPA  
) 
 
 
The foregoing Waterline Easement was acknowledged before me this _____ day of 
_____________, 20___, by Clint Hickman, 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).

EXHIBIT  "A"
LEGAL DESCRIPTION
FOR
WEST WATERLINE  EASEMENT
A PARCEL OF LAND SITUATED IN 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 SECTION 34, FROM WHICH THE EAST
QUARTER CORNER OF SAID SECTION 34, BEARS NORTH 00 DEGREES 03 MINUTES 28 SECONDS
WEST, A DISTANCE OF 2638.64 FEET;
THENCE UPON AND WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34,
NORTH 00 DEGREES 03 MINUTES 28 SECONDS WEST, A DISTANCE OF 1239.54 FEET;
THENCE DEPARTING SAID SECTION LINE, SOUTH 89 DEGREES 56 MINUTES 32 SECONDS WEST, A
DISTANCE OF 117.63 FEET TO THE INTERSECTION OF MESA DRIVE AND COURY AVENUE;
THENCE UPON AND WITH THE CENTERLINE OF COURY AVENUE, NORTH 63 DEGREES 18 MINUTES
29 SECOND WEST, A DISTANCE OF 76.32 FEET TO A TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 195.86 FEET;
THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 DEGREE 00
MINUTES 26 SECONDS, AN ARC LENGTH OF 92.32 FEET;
THENCE SOUTH 89 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 1393.66 FEET TO
THE INTERSECTION OF COURY AVENUE AND LEWIS;
THENCE ALONG AND WITH THE CENTERLINE OF LEWIS, SOUTH 00 DEGREES 05 MINUTES 19
SECONDS WEST, A DISTANCE OF 294.38;
THENCE DEPARTING SAID CENTERLINE, NORTH 89 DEGREES 43 MINUTES 05 SECONDS EAST, A
DISTANCE 26.36 FEET TO POINT ON THE EAST RIGHT OF WAY LINE DESCRIBED IN  DOCUMENT
85-0483206, MARICOPA COUNTY RECORDS AND THE POINT OF BEGINNING;
THENCE CONTINUING, NORTH 89 DEGREES 43 MINUTES 05 SECONDS EAST, A DISTANCE 14.53
FEET;
THENCE SOUTH 00 DEGREES 18 MINUTES 10 SECONDS EAST, A DISTANCE OF 12.00 FEET;

THENCE SOUTH 89 DEGREES 43 MINUTES 05 SECONDS WEST, A DISTANCE 14.53 FEET TO A POINT
ON THE AFOREMENTIONED EAST RIGHT OF WAY LINE;
THENCE ALONG AND WITH SAID EAST RIGHT OF WAY LINE, NORTH 00 DEGREES 18 MINUTES 10
SECONDS WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A
COMPUTED AREA OF 174 SQUARE FEET OR 0.004 ACRES OF LAND, MORE OF LESS.

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