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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
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 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” EASEMENT #1 AND #2 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.
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 __________________, 2020.
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 Sidewalk Easement was acknowledged before me this _____ day of
_____________________, 2020, 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
SIDEWALK EASEMENTS
TWO PARCELS 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 DEGREES 00
MINUTES 26 SECONDS, AN ARC LENGTH OF 92.32 FEET;
THENCE SOUTH 89 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 361.09 FEET TO
POINT "A";
THENCE DEPARTING SAID CENTERLINE, SOUTH 00 DEGREES 18 MINUTES 55 SECONDS EAST, A
DISTANCE OF 27.91 FEET, TO POINT ON THE SOUTH RIGHT OF WAY LINE OF COUREY AVENUE AS
DESCRIBED IN DOCUMENT 85-0483206, MARICOPA COUNTY RECORDS AND THE POINT OF
BEGINNING OF EASEMENT 1;
THENCE SOUTH 40 DEGREES 30 MINUTES 22 SECONDS WEST, A DISTANCE OF 8.77 FEET;
THENCE SOUTH 89 DEGREES 29 MINUTES 50 SECONDS WEST, A DISTANCE OF 44.56 FEET;
THENCE NORTH 41 DEGREES 30 MINUTES 43 SECONDS WEST, A DISTANCE OF 9.01 FEET TO THE
AFOREMENTIONED SOUTH RIGHT OF WAY LINE;
THENCE ALONG AND WITH SAID SOUTH RIGHT OF WAY LINE, NORTH 89 DEGREES 41 MINUTES 05
SECONDS EAST, A DISTANCE OF 56.23 FEET TO THE POINT OF BEGINNING OF EASEMENT 1 AND
CONTAINING A COMPUTED AREA OF 338 SQUARE FEET OR 0.008 ACRES OF LAND, MORE OF LESS.
TOGETHER WITH:
COMMENCING AT AFOREMENTIONED POINT "A";
THENCE ALONG AND WITH THE SAID CENTERLINE OF COURY ROAD, SOUTH 89 DEGREES 41
MINUTES 05 SECONDS WEST, A DISTANCE OF 361.33 FEET;
THENCE DEPARTING SAID CENTERLINE, SOUTH 00 DEGREES 18 MINUTES 55 SECONDS EAST, A
DISTANCE OF 27.91, TO POINT ON THE AFOREMENTIONED SOUTH RIGHT OF WAY LINE AND THE
POINT OF BEGINNING OF EASEMENT 2;
THENCE SOUTH 40 DEGREES 37 MINUTES 07 SECONDS WEST, A DISTANCE OF 8.72 FEET;
THENCE SOUTH 89 DEGREES 41 MINUTES 22 SECONDS WEST, A DISTANCE OF 44.56 FEET;
THENCE NORTH 41 DEGREES 15 MINUTES 54 SECONDS WEST, A DISTANCE OF 5.96 FEET;
THENCE SOUTH 89 DEGREES 41 MINUTES 22 SECONDS WEST, A DISTANCE OF 38.61 FEET;
THENCE NORTH 40 DEGREES 36 MINUTES 20 SECONDS WEST, A DISTANCE OF 2.73 FEET TO THE
AFOREMENTIONED SOUTH RIGHT OF WAY LINE;
THENCE ALONG AND WITH SAID SOUTH RIGHT OF WAY LINE, NORTH 89 DEGREES 41 MINUTES 05
SECONDS EAST, A DISTANCE OF 94.56 FEET TO THE POINT OF BEGINNING FOR EASEMENT 2 AND
CONTAINING A COMPUTED AREA OF 412 SQUARE FEET OR 0.009 ACRES OF LAND, MORE OF LESS.
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COURY AVE
DETAIL A
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DETAIL B
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