Extracted text (via pymupdf)
44682 characters
WHEN RECORDED RETURN TO:
Salt River Pima-Maricopa Indian Community
Engineering & Construction Services Department
Rights of Way Section
TAAMS NO.:
JOB NO.:
NAME:
TRIBAL
X
INDIVIDUALLY OWNED
X
GOVERNMENT OWNED
4200173654
TT0342
McKellips Road (101 Fwy. to Alma
School Rd.) — Road and Utility
Easement
ASSIGNMENT AND ASSUMPTION OF GRANT OF EASEMENT
THIS ASSIGNMENT AND ASSUMPTION OF THE GRANT OF EASEMENT
(this "Assignment") is entered into as of this day of , 20
by and between the Salt River Pima-Maricopa Indian Community ("Assignor" or "Grantee"),
and the Maricopa County, a political subdivision of the State of Arizona ("Assignee").
RECITALS:
A. The Landowners in the Salt River Allotments and Tribal lands ("Grantors") and
Assignor previously executed and delivered that certain Grant of Easement for the McKellips
Road TT0342 (Road and Utility) easement (the "Easement"), and approved by the Bureau of
Indian Affairs on March 20, 2020, a copy of which is attached hereto as Exhibit A, with
respect to certain premises more particularly described in aforementioned exhibit (the
"Easement Premises") and located within the political boundaries of the Salt River Pima-
Maricopa Indian Community (the "SRP-MIC").
B. Pursuant to the Grant of Easement, Section 11 (Assignment) Assignor is
authorized to assign and transfer Assignor's right, title, and interest, in the Easement without
applicable landowner consent and BIA approval.
C. Pursuant to this Assignment, Assignor wishes to assign all of its right, title and
interest in and to the Easement to Assignee and Assignee wishes to assume all of Assignor's
right, title, and interest under the Easement.
AGREEMENTS:
NOW, THEREFORE, in consideration of the foregoing recitals, and for other
good and valuable considerations, the receipt, sufficiency and validity of which are
hereby acknowledged, Assignor and Assignee agree as follows:
1. Assignor hereby assigns, transfers and conveys to Assignee all of Assignor's right,
title and interest, in, to and under the Easement.
Assignment and Assumption of Grant of Easement
2. Assignee hereby accepts the foregoing assignment of the Easement and hereby
assumes, agrees to be bound by and perform all of the provisions and covenants of the
Easement to be performed on the part of Assignor as Grantee under the terms and conditions
of the Easement.
3. Assignee hereby agrees to indemnify, protect, defend, and hold harmless Assignor
for, from and against any and all liabilities, obligations, actions, suits, proceedings, demands
or claims and all costs and expenses (including, without limitation, reasonable attorneys'
fees) incurred in connection with the Easement, based upon or arising out of any breach of
the Easement by Assignee occurring subsequent to the date of this Assignment.
4. This Assignment shall inure to the benefit of and shall be binding upon the parties
hereto and their respective successors and assigns.
5. The parties agree to execute and deliver any further documents and to perform
any further actions reasonably requested by any other party hereto in order to fulfill the
intention hereof
IN WITNESS WHEREOF, the parties hereto have executed this Assignment and
Assumption of the Grant of Easement as of the date and year first above written.
Assignment and Assumption of Grant of Easement
-2-
ASSIGNOR:
By:
Name:
Title:
President, Salt River Pima-Maricopa Indian Community
Martirl Harvier
Approved as to Form by the
Office of the General Counsel
Niccole L King
June 10, 2020
STATE OF ARIZONA)
SS.
County of MARICOPA)
On 1-u,..Nvc..
1,0 to-
, before me,
-Qxvil,
t_vu.._
, a
Notary Public in and for said state, personally appeared Martin Harvier, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by her signature on the instrument, the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
My Commission Expires:
rt_j) rcvia-tr- 6 2.0
Assignment and Assumption of Grant of Easement
-3-
RECOMMENDED FOR APPROVAL:
1
Senior
ht of Way Agent \
Real Property Manager
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By
Chairman of the Board
ATTEST:
Date
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority of the Board of Supervisors
Deputy County Attorney
Date
Assignment of Assumption of Grant of Easement
-4-
IN WITNESS WHEREOF, this Assignment and Assumption of Easement is
hereby approved this
day of
, 20
UNITED STATES OF AMERICA
By
SUPERINTENDENT
UNITED STATES DEPARTMENT OF THE INTERIOR
SALT RIVER AGENCY, SCOTTSDALE, ARIZONA 85256
ACKNOWLEDGMENT
STATE OF ARIZONA
)
)
SS.
County of Maricopa
)
Before me, a notary public, in and for said County and State, on this day of
, 20 , personally appeared
whose name is subscribed to the foregoing Assignment and Assumption as Superintendent,
Salt River Agency, Bureau of Indian Affairs, and who acknowledged that she is and was at
the time of signing the same, Superintendent, Salt River Agency, Bureau of Indian Affairs;
and she personally acknowledged to me that she executed the said Assignment and
Assumption in her official capacity and pursuant to authority delegated to her for the uses
and purposes set forth therein.
Notary Public
My Commission Expires
Assignment and Assumption of Grant of Easement
-5-
Exhibit "A"
Grant of Easement
Assignment and Assumption of Grant of Easement
WHEN RECORDED RETURN TO:
BIA TAAMS NO, 4200173654
Salt River Pima-Maricopa Indian Community PROJECT NAME McKellips Road (Loop 101 Pima
Engineering & Construction Services Department
Freeway to Alma School Road) -
Design Division (Rights of Way Section)
Road and Utility Easement
PROJECT NO.
TT0342
UNITED STATES OF AMERICA
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
GRANT OF RIGHT-OF-WAY EASEMENT
The United States of America, acting by and through the Superintendent, Salt River Agency, Bureau of
Indian Affairs, Department of the Interior of 10000 East McDowell Road, Scottsdale, Arizona 85256 for,
and on behalf, with the consent of the Salt River Pima-Maricopa Indian Community (SRP-MIC or tribe)
and/or allotted landowners (the GRANTOR), under the authority contained and under the Act of February
6, 1948 (62 Stat. 17, 25 U.S.C. 323-328) and Part 169, Title 25, Code of Federal Regulations (CFR),
which by reference are made a part hereof, does hereby grant to the Salt River Pima-Maricopa
Community of 10005 East Osborn Road, Scottsdale, Arizona 85256 (the GRANTEE).
1. GRANT. In consideration of a one time lump sum payment totaling TWO MILLION, ONE
THOUSAND, FIVE HUNDRED THIRTY-EIGHT DOLLARS AND TWENTY-THREE CENTS
($2,001,538.23), paid to the tribe and/or allotted landowners within five (5) business-days of the right-of-
way being granted. The tribe is responsible for direct pay to any allotted landowners within a reasonably
timely manner after the right-of-way being granted. The tribe will make available proof-of-payment to the
GRANTOR or GRANTEE upon request.
GRANTOR does hereby grant to GRANTEE, an easement for a road and utility Right-of-Way for the
following purposes: the right to enter upon the hereinafter described land to construct, place, bury, use,
grade, level, fill, drain, pave, maintain, operate, repair, replace, and rebuild road and utility
improvements, and for all other purposes in connection therewith, including incidental purposes, together
with such access road, bridges, culverts, canals, pumps, ditches, ramps, cuts, fills, traffic signals, power,
sewer, water, electrical, telecommunication, telephone lines, and other public utilities as may be
necessary, over, under, through and across the ground embraced within a right-of-way situated on the
following described land,
Said Right-of-Way (ROW) and its extent is more particularly shown and delineated on the accompanying
map, "MCKELLIPS ROAD LOOP 101 PIMA FREEWAY TO ALMA SCHOOL ROAD PROJECT NO.
TT0342 (Road and Utility Easement Sheets)". Said easement is known as "McKellips Road (Loop 101
Pima Freeway to Alma School Road) — Road and Utility Easement" and includes nine (9) parcels
Page 1
variabale in shape and dimension located in Section 5, 6, 7, and 8, Township 1 North, Range 5 East, of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona and contains 6.252 acres total,
more or less. Said easement being portions of Allotments 111, 429, 456, 458, 459, 576-A, 673, 693-A,
693-B, and T (also known as Salt River Allotments 11110, 42911, 45610, 45810, 45910, 57610, 67320,
69310, 69311 and Tribal Land, respectively). Said easement is more precisely described in Exhibit "A"
attached hereto and made a part of this Grant of Right-of-Way Easement.
2. TERM. This right-of-way is for an indefinite term so long as the right-of-way is used for the purpose
above specified; PROVIDED, that this right-of-way may be cancelled by the tribe and GRANTEE under
any negotiated remedies identified in Section 14 (25 CFR 169.403) and/or in whole or in part by the
GRANTOR (25 CFR 169.404) or for any of the following causes upon 30 days written notice, and failure
of the GRANTEE within said notice period to correct the basis for cancellation (25 CFR 169.405):
A. Failure to comply with any term or condition of the Grant, or the applicable regulations.
B. A non-use of the right-of-way for any consecutive two-year period (for the purpose for
which it was granted).
C. Any conditions or restrictions set out in Tribal Resolutions No. SR-3770-2020 dated January
22, 2020 and SR-3766-2020 dated January 15, 2020.
3. RESERVATION OF UTILITY RIGHTS BY TRIBE. To have and hold said easement and right-of-way
unto the GRANTEE and unto its successors and assigns together with the right of exclusive use by the
GRANTEE, and the SRP-MIC the right and obligation to authorize, permit and license the use thereof for
service and distribution utility lines, including but not limited to, electric, telecommunication, water and
sewer lines, for purposes consistent with the needs of the SRP-MIC at the written direction of and at no
cost to the SRP-MIC, and in such a manner as is consistent with prevailing utility standards and
conditions as required by the SRP-MIC laws and regulations when these are not inconsistent with the
use of the property for a public road, and to authorize such use by the SRP-MIC without cost, and
subject to reasonable conditions and upon appropriate notice to the GRANTEE, and reserving to the
SRP-MIC or its agent or delegate the right to enter upon the property and take such measures as are
necessary to maintain, repair, rebuild or replace some or all of the utilities or portions of them constructed
pursuant to the conditions set forth herein.
4. MITIGATION MEASURES. (25 CFR 169.123) The GRANTEE agrees to comply with any mitigation
measures or conditions described to protect environmental, biological and cultural resources within the
right-of-way area as defined in the environmental compliance documentation.
Page 2
5. RESERVATION OF JURISDICTION. (25 CFR 169.10, 169.125) The tribe maintains its existing
jurisdiction over the land, activities, and persons within the right-of-way and this grant does not diminish
to any extent: (a) the tribe's power to tax the land, any improvements on the land, or any person or
activity within, the right-of-way; (b) the tribe's authority to enforce tribal law of general or particular
application on the land subject to and within the right-of-way, as if there were no grant of right-of-way; (c)
the tribe's inherent sovereign power to exercise civil jurisdiction over non-members on Indian land; or (d)
the character of the land subject to the right-of-way as Indian country under 18 U.S.C. 1151.
6. LAWS. (25 CFR 169.9) GRANTEE shall comply with all applicable federal and tribal law.
7. REGULATORY PROVISIONS (25 CFR 169.125):
a. The tribe has the right to reasonable access to the lands subject to the grant to determine
GRANTEE'S compliance with consent conditions or to protect public health and safety;
b. The GRANTEE has no right to any of the products or resources of the land, including but not
limited to, timber, forage, mineral, and animal resources, unless otherwise provided for in the
grant;
c. BIA may treat any provision of a grant that violates Federal law as a violation of the grant;
d. If historic properties, archeological resources, human remains, or other cultural items not
previously reported are encountered during the course of any activity associated with this
grant, all activity in the immediate vicinity of the properties, resources, remains, or items will
cease and the GRANTEE will contact BIA and the tribe with jurisdiction over the land to
determine how to proceed and appropriate disposition.
e. GRANTEE must:
(i) Construct and maintain improvements within the right-of-way in a professional manner
consistent with industry standards;
(ii) Pay promptly all damages and compensation, in addition to bond or alternative form of
security made pursuant to §169.103, determined by the BIA to be due the landowners and
authorized users and occupants of land as a result of the granting, construction, and
maintenance of the right-of-way;
(iii) Restore the land as nearly as may be possible to its original condition, upon the
completion of construction, to the extent compatible with the purpose for which the right-of-
way was granted, or reclaim the land if agreed to by the landowners;
(iv) Clear and keep clear the land within the right-of-way, to the extent compatible with the
purpose of the right-of-way, and dispose of all vegetative and other material cut, uprooted, or
otherwise accumulated during the construction and maintenance of the project;
(v) Comply with all applicable laws and obtain all required permits;
(vi) Not commit waste;
(vii) Operate, repair and maintain improvements consistent with the right-of-way grant;
(viii) Build and maintain necessary and suitable crossings for all roads and trails that
intersect the improvements constructed, maintained, or operated under the right-of-way;
(ix) Restore the land to its original condition, as much as reasonably possible, upon
Page 3
cancellation or termination of the right-of-way, or reclaim the land if agreed to by the
landowners;
(x) At all times keep the BIA, and the tribe for tribal land, informed of the grantee's address;
(xi) Refrain from interfering with the landowner's use of the land, provided that the
landowner's use of the land is not inconsistent with the right-of-way;
(xii) Comply with any due diligence requirements.
(xiii) Notify the BIA, and the tribe for tribal land, if it files for bankruptcy or is placed in
recefvership.
f. Unless GRANTEE would be prohibited by law from doing so, GRANTEE must also:
(i) Hold the United States and the Indian landowners harmless from any loss, liability, or
damages resulting from the applicant's use or occupation of the premises; and
(ii) Indemnify the United States and the Indian landowners against all liabilities or costs
relating to the use, handling, treatment, removal, storage, transportation, or disposal of
hazardous materials, or release or discharge of any hazardous material from the premises that
occurs during the term of the grant, regardless of fault, with the exception that the applicant is
not required to indemnify the Indian landowners for liability or cost arising from the Indian
landowners' negligence or willful misconduct.
8. ENCROACHMENT. (25 CFR 169.128) The Grantee may riot unreasonably withhold its consent for a
new right-of-way within its existing right-of-way that does not interfere with the use or purpose of its right-
of-way.
9. PERMANENT IMPROVEMENTS. (25 CFR 169.130) Except any utilities constructed, operated, and
maintained by outside utility providers, GRANTEE shall be the owner of any permanent improvements
constructed during the term of the Grant and said permanent improvements, appurtenances, fixtures and
equipment placed within the right-of-way shall be removed or an option for landowner to take possession
of and title to the permanent improvements or as otherwise negotiated.
10. AMENDMENT. This grant may not be amended except as provided in 25 CFR 169.204 - 169.206.
11. ASSIGNMENT. (25 CFR 169.207) This grant may be assigned without applicable consent and BIA
approval and within 30 days, a copy of the assignment and supporting documents will be sent to BIA for
recording in the Land Titles and Records Office (LTRO).
12. MORTGAGE. (25 CFR 169.210) This grant may not be mortgaged without applicable consent and
BIA approval and within 30 days, a copy of the mortgage and supporting documents will be sent to BIA
for recording in the Land Titles and Records Office (LTRO).
13. EFFECTIVE DATE. (25 CFR 169.301) Grant will be effective on the date it is approved. The
grantee's obligations are triggered on date fully executed below.
14. REMEDIES. (25 CFR 169,403) Any disputes regarding violations, abandonment, or non-use may
be addressed as set forth below and in accordance with 25 CFR 169,403.
15. BINDING EFFECT. The condition for this grant shall extend to and be binding upon and shall inure
to the benefit of the successors of the GRANTEE.
16. ADDITIONAL CONDITIONS OR RESTRICTIONS. This grant incorporates by reference the
conditions or restrictions set out in GRANTOR's consents, attached here.
Page 4
Notary Public
c
`2.
My Commission Expires
MELISSA THOMAS
Notary Public - Arizona
Maricopa County
My Comm, Expires Mar 24, 2020
IN WITNESS WHEREOF, GRANTOR, pursuant to the delegated authority found in 209 DM 8, 230 DM 1,
and 3 IAM 4 and supplements thereto (or applicable dele)ion of authority), is granting and executing
this grant of easement on this o2O/ 9C day of
/7/4-eze.:_x
, 20
.
IN WITNESS WHEREOF, Grantor has executed this grant of easement this (12aI--X day
,20 04V .
UNITED STATES OF AMERICA
By
Superintendent
Salt River Agency
Approved pursuant to authority delegated to the Assistant Secretary - Indian Affairs by 209 DM
8, to the Director of BIA by 230 DM 1, to the Western Regional Director by 3 IAM 4, and to the
Superintendent by historic Phoenix Area Re-Delegation in 10 BIAM.
ACKNOWLEDGMENT
STATE OF ARIZONA
) ss.
COUNTY OF MARICOPA
Before me, Notary Public, in and for said County and State, on this
-I
day of
• 20 -?
, personally appeared C
whose
names is subscribed to the foregoing Grant of Easement for Right-of-Way as Superintendent, Salt River
Agency, Bureau of Indian Affairs, and who acknowledged that he is and was at the time of signing the
same, Superintendent, Salt River Agency, Bureau of Indian Affairs; and he personally acknowledged to
me that he executed the said Grant of Easement for Right-of-Way in his official capacity and pursuant to
authority delegated to him for the uses and purposes set forth therein,
Page 5
Exhibit "A"
Legal Plat
2
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SR 101L
MCKELLIPS ROAD
MARICOPA COUNTY
LOOP 101 PIMA FREEWAY TO ALMA SCHOOL ROAD
DEPARTMENT OF TRANSPORTATION
PROJECT NO. 00342
REAL ESTATE DEPARTMENT
ROAD AND UTILITY
co
EASEMENT SHEETS
fiEEE 8
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'FILES
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MARICOPA COUNTY
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///////
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VICINITY MAP
Revisions
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SECT SACTION
SY SQUARE FEET
EA EASEMENT ACRES
GA GROSS AGRES
E EASEMENT ACRES
E S.E. EASEMENT SQUARE /ELT
NNE ROAD AND 111.1111, EASEMENT
RLS REGISTERED...VEY.
MR TEMPORARY CONStRUCTION EASENENI
ADOT
ARIZONA DEPARTMENT OF TRANSPORTATION
SRPMC SALT RIVER PINA• nAARICOPA INDIAN GOMNSNITV
NCB,. NANCOPACOuNPI IMPARTMENT Or TRANSPORT/AU.
BIA BuRE44.1 OP INMAN MGAIRS
SRAL 42911
ALT, 429
580,746 .W
7777:77777,: -//,:;;22;;_22;;;',;;z//,Y.;;47777:,
,,,,,,,,,,,,
2.B.
'/...I/./
120.00'
N.09 .57.16..E
SRAL 67320
ALT. 673
DETAIL -4
Scale: 1". 60'
SW R/UE
PAR. 13
MON. 43
4.54:444/4Z.;/44//' /
2410 .52,16T 120 022
NOVS75,5
OtT TRIBAL
(Lot 08)
SCAL
.1 FEET
MC11,1_10
DECOR.
SECT. 6, T1N-R5E
10, ADDS BC IN ITH
S8225,1 2W 660.02
SRAL 42911
NAP45,4114
;MRI SEMS11iVii
4113
N80.57"42T
ALT. 429
TRIBAL
CS SE SE SE)
(5.000 acres)
2640 SW
I___
0 McKELLIPS ROAD
MON. 03
SN
SRAL 67320
ALT. 673
1219 05.
SALT.
1-5577662A'
0
co
0
OM pre!
GIBBRIINT
Co=orm
NOTES
429 I 42911 Sec 6, T1N, R5E I 9.654] 0 227
TRIBAL Se, 6 ME 11,995 0,25 S SE SE SE
67550 F Soc. 0,714, ROE 50,643] 0.703
BASIS OF BEARING
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION 6. TOWNSHIP 160019,
RANGES EAST, OF THE GILA 8 SALT RIVER BASE
8 MERIDIAN, MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS N59°57 . 121E.
CERTIFICATION
KENNETH W. GREEN STATES ILE IS A REGISTERED LAND
SURVEYOR IN 711E STATE OL ARIZONA AND HAS HAD PREPARED
(UNDER NIS SUPERVISION) THE RIGHT OF •WAY DESCRIBED
ANO SHOWN ON THIS MAP. AND THAT SAID RIGHT-Or-WAY
IS ACCURATELY REPRESENTAD DIEREGN AND
IS BASED UPON HI.C.D.0 7 PROJECT SURVEY
OMA AND PROJECT CONSTRUCTION
PLANS.
DATE
04/11/19
JOB NUMBER
110342
DESIGNED BY
0I4AWN BY
RES
CHECKED 81'
NE1/4 of Sect. 7
NW1/4 of Sect 8
TIN-R5E
TIN-R5E
NUM, NUMBER
4 of 9
McKELLIPS ROAD
13/8 65
659 93,
H69 .574rE
TRIBAL
(5 SE SE SE)
(5000 ocres)
saroram
T
p.
, 1 II
7414`
:\
MckELLIPS
-4ELEOV ROAD
'env
so, 1,
83 .5741,/
F113 .57,16£ 1E. SA . —
roso.srooT
1940 26' r
'2 52
CIVO2J NOS800
4000$ SWCIFS
ROAD AND UTILITY
EASEMENT SHEETS
MCKELLIPS ROAD
LOOP 101 PIMA FREEWAY TO ALMA SCHOOL ROAD
PROJECT NO TT0342
MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION
REAL ESTATE DEPARTMENT
,
t(-.. 7.777
0:„
t1.20.12tE
1- EXISTING 80_0 . WIDE
,
ROAD ONLY EASEMENT
7sRfsi.,
s s sir
NEW R/LIE
PAR 8
N68.57", 1622 Atit ,J7 /77' )777
"
S110.62.2/ YW l090 10'
McKELLIPS ROAD
,
SC.2 .57OPLV 29/9.67.
2A2,77-
/-777-7
-' /7//,
"<<<////////////////////////////////./././/////.//////////
1.8 . 57V1,
MOO'
1,121.0279-1V
NEW R/UE
PAR. S
DETAIL -6
Scale :1" = 60'
RADIUS I DELTA IL050TTITSNOENT
Cl 1201100
1023.27t
1099.32'
PLAN VIEW
1025 Olt
VICINITY MAP
Revisions
IC
SE1/4 of Sect. 6
TIN-ROE
TAVN4
5%,
LOON 41
SE CON.
SECT. A. TIN-R5E
FD, ADOT BC IN HH
—
5W114 of Sect. 5
TIN-R5E
2012
SUAVE IN ELET
10, 7 4
NW1/4 of Sect. 8
TON-ROE
0
OS
JOLI NuMBER
71-02.42
12SIONED BY
DRAWN HY
SEA
CHECKED BY
DA,
OGAIGIIS
SHEET NUMBER
6 of 9
BASIS OF BEARING
EVE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTIONS, TOWNSHIP 1 NORTH,
RANGES EAST, OF THE GILA 8 SALT RIVER BASE
8 MERIDIAN, MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS N89.57.12-E.
CERTIFICATION
KENNE214 W GREEN STATES HE IS A REGISTERED LAND
SURVEYOR IN THE STATE 02 ARIZONA AND HAS HAD PREPARED
trDER HIS SUPERVISION/ THE RIGHT .01. WAY DESCH=
AM=ITR0TliEL'A‘17i'D' IHIVEgtrA'2'7Da""'
PtANS
LEGEND
uoxureue AN.St.alc NORINVIESI,SOUTHEAST
BC BRASS CAP
AYT. AILOIVENT
Nitt
SRN_ SALT WU, ALLOTMENT
REC RECORD
NYS NOTHING F00 prat
ntON AOADMENT
TP00 KANT IlkONNING
COR CORNER
PAR PARCEL
T TOWNSHIP
hht HO:090TE
ANJOE
NAP NOT APART OF
SECT SECTION
VA
MORE OR LESS
SOLPREVLLI
SCE ADJACENT SHEEMETAA
LA kASPAINTACRLS
GA GROSS ACRES
EA EASEMENT ACRES
CS, LASEMEM1I SQUARE ft,
RNE POGO AND UTILITY EASEMENT
RIG REOLSTERM LAND SLIRYLTOR
ICE 0200.RYCONSIR0CION
ADOt ARIZOPAOPARtMENT OF tRANSPORTARON
SRN. SAL RivERPNA.MARICOPA INDIAN COMMTNIPI
VCDOT taiSilLOPA COUNTY DEPARTVERT OF TRANSPORTATION
BA BUREAU 04 INDIAN AFFARS
NOTES
01 0,
'04
165010
91D9E I 550 SE
IVA p
arcel PM
D P ID
TRIBAL SEC 5, TIN, ONE 16,719 1992 55 SW
TRIBAL Sec 8,0N, RH 0,125 USER LEERS
LEGAL DESCRIPTION • ROAD & UTILITY EASEMENT 8
A PANDA, Bung a ROAD AND UTILE, EASEMENT (RUE) and 505 PARCEL 155115 RANO.. Rood oNt tuoVod
acRotNSESPDS5-MTC55dIld,ST Commumly and hoing vall SEITCRCUDISSI ouanor (SW VOW 555251
Townohip 1 North,Ronvo 5 Eaal of CA. arta Batt River Doso and Moray, Mon.. CoOnly, Aden.. and Immo moro
Pantoutorly ottscrVort tallowy
COMMENCING ot an AOOT Imam cap in handholo tor I. South.. Cot. ol Awe Son.,
THENCE CICIOEWSAIIR SIICNIEI 5I Ouartor (SW 1N) North 00 . 20.09. Eat, Ior OtstAnco o“0.00 loot
THENCE Oopat1120 aaN Wont North 90957.29. Ea.01. tor a data.° ot 40.00 loot to Lim Euvtorty oamunonl tint) ot
0.0on Road and TRUE POINT Of BEGINNING;
THENCE dopart, vaid Easterly easement Me NorIN 00 .20.09 . E., tor a aulanco oil 70.00 toot,
THENCE South SWAYS, E., Mr a Ovlanca ol 1,00 toot
THENCE South 35 .31 .17. Goat, .r distance ot 61171. to tho Ilogint, of a norhtonDont curvo conutvo to tho norIn
'laving radloa of 2226.86 Tool, and lo wh,ch point a mato! Ilno ['oars South 00 .30'0X East
TTENEF*,SCINISIEI,10 of aaid curve haunt, a control anglo of 03 .50.15.. tor an aro datum.° ol 185.90 to
Doginntng at a non-1.9.11mo;
THENCE South 04 . 2018. EtuG. tot a dUlanco ot GOO tool radtal M tho noxl doucAbod curvo convuvo to tno north hav,
rachus of 2781.80 tool to a tootnt on lbo arc ol Aux, curvot
THENCE oautorly along tho avo ol cald cur.:, having a contulanglo of 2,42 . 11 . , tor an urc dulanco of 810.92 tool to tho
Poolnning of o
THENCE Nonh 00957.21 . .0.1„. far a divtanco 1827,11 Mott
THENCE North 23 .52.31 . Ea.. tor a Maw. of 59.52.1 to tno wofitorly oacomont Imo of Lonvatoto Road:
THENCE along vAld Wostorly aasotnonl ttno South 00 .1742. W051. Mr a dvatance ol 0.0 lool lo tho Northerly ea:Arrant
Imo of McKoluou ROadt
THENCE doparttng octid Woutorly aouomonl 2no along utAd Northany uammont lino South 6G .57'21 . Weal, dmiunco ol
1.6.10 foot to tho hog.120 of a tanDont curvo conutvo lo1ho ctortn having a rock. of 2706.86 foot;
THENCE woutorly along tho arc of 5ald curvo nava, a contrat anolo 0120 950'52., tat an arc Notonoo of 1025.01 loot to tho
troginolnq of a tanGont
THENCE South 89 .5724. Wool, Mr a aistanco of 2079 fool lo lho Tr. Point ot BoolnnIng.
C. PARCEL TCSOITTOEL.IICS9UdASA or 1.0059 acteu une dung Mot in length tovolagod meohnou)
0060 mitos, mom loov
D&SRBPA
DETAIL -7
Scale: 1" = 60'
PLAN VIEW
SCALrIZ FEET
1.1 .02.NV
- —PoleKELLIPS ROAD
V,E1
NEW
PAR. 8
AlSa .5171 .-E
S88,77111,
McKELLFRS ROAD-
3910 ST
•//1/////////////////////;/<;;=<;;
1209
NEW R/UE
PAR 5
T O SS,
rzon
County, ArIxona
Scc. 5, TIN, 85E 15,488
CZ%
SW1/4 of Sect 5
T1N-R5E
TRIBAL
S NEW SW
74,4414,
N sTsi,
PIPM5g4
Lyzum
MEM
ICOR"
EOM
THOMAS
ROAD
DETAIL - 7E
ST OP
not to scale
TRIBAL
LOS 18
BASIS OF BEARING
THE SOU N-1 LINE OF THE SOUTHWEST QUARTER
(SW 1)4)0F SECTIONS. TOWNSHIP 1 NORTH,
RANGES EAST, OF THE GIIA S SALT RIVER BASE
6, MERIDIAN, MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS N86.5717E.
CERTIFICATION
0 05
"?
1.1218.44
107 7-07
JOB NUMBER
TTOUP
(UNDER INS SUPERVISION) THE RIGHT OF •WAT DESCRIBED
AND SHOWN ON THIS MAP, AND THAT SAID RIGHT-Of -WAY
IS ACCURATELY REPRESENTED HERLON AND
IS BASED UPON PA C D OT PROTECT SURVEY
DATA AND PROJECT CONSTRUCTION
PLINS
DESIGNED BY
DRAWN BY
HAS
DATE
0401/19.
SHEET NUAMPH
7 of 9
VICINITY MAP
PAN PARCEL
. HANDHO,E
NAP NCH, PANT OF
Mi. MOPE OH LESS
SEE ADJACENT SHEE T A,L
LEGEND
MONUMENT NW, Sk,e1c. NORTHWEST, SOUTHEAST
BC 0HASS
ALT ALLOTMENT
FND FOUND
SPA, SALT NIVERALLOTMENT
NEC NECOND
NFS NOTHING MO, or 5E1
MON MONUMENT
TP00 POINT 0,0EGINNIAG
COR CONNER
T 1.00/NSmp
H ONDE.
SECT SECTION
S F SQUARE RET
...1ACTES
GA GROSS ACRES
EA EASEMENT AGATES
.ES,F
SOLWIC FEET
0.111E ROAD AND WHAT EP.StMtNt
NESISTEFLELUAND SURVEYOR
TCE TEMPORARY CONSTRUCTION EASEMENI
AOCT ARIZONA DEPPNIM.10,1PANSPORTATION
SPPMIC RIVER F.T.,,MAII,COI, COMMUNV
.701 MARIO°. COUNTY DEPARTMENT OF TRANSPORTATION
BUREAU OF NOUN APFNPS
NOTES
NW1/4 of Sect. 8
TIN-ROE
COULTS, CLUB
NINE
ROAD AFID UTILITY
EASEMENT SHEETS
MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION
REAL ESTATE DEPARTMENT
MCKELLIPS ROAD
LOOP 101 PIMA FREEWAY TO ALMA SCHOOL ROAD
PROJECT NO. TT0342
DETAIL - 9
/_
7
EXISTING rao. WIDE
ROADS UTILITY EASEMENT
Scold 1 60'
SEIM of Sect. 5
TIN-ROE
200'
400
SCALE IN FEET
TRIBAL
(LOT 22)
MEANDER LINE OF THE
RIGHT BANK OF THE
SALT RIVER
SW114 of Sect. 4
TIN-R5E
SIP prorcel
G1151.Pol.
F.S.F. 1 EA REMARKS
TRIBAL I Sec 5, TIN, ILSE 6,241
I TRIBAL
F Sec 5, 115,115E
Sec S. TIN, RSE F 3,070 I 0070 F 171 19
EXISTING 15.0' WIDE
ROAD & UTILITY EASEMENT
McKELLIPS ROAD
S27,1111?YR-1\ S
NEWRALE ---
PAR 5
P,e,44
(sr 4E Spi
er
EXISTING 110.0' WIDE
ROAD ONLY EASEMENT
KENNET. W GREEN STATES,. TS A REGISTERED LAND
SURVEYOR IN THE STATE OE ARI2ONA AND HAS HAD PREPARED
(UNDER HIS SUPERVISIONI THE 51591 OF -WAY DESCRIBED
AND SHOWN ON THIS MAP, ASO THAT SAID RIGHT , 01WAY
IS ACCURATE, REPRESENTED THEREON AND
IS BASED UPON LA.0 D.0 T PROTECT SURVEY
IT'LA;TS
AND PROTECT CONSTRUCTION
VICINITY MAP
Revision
EGEND
iD MONUMENT Nw,SEws NORTRwEST,S00TREAST
BC BT5SS CAP
A,. ALLOTMENT
END FOUND
SF5L SwIRIvER ALLOTMENT
SEC RECORD
SFS NOSING FLO oral'
MON MONWENI
TP011 PONT OF MORNING
COR CORNER
PAR PARCEL
.56Sou
. NwORENE
R WILL
NAP NOT APART OF
SECT SECTION
STORE OR LESS
S F SQUAREEEET
SEE AOACENT SPEETILIETAIL
Ew EASEMENT /CRES
CA CROSS ACRES
E EwSEMENTAC.S
SF EASEMENT SOW. HST
EWE ROAD ASO WILIER EASEMENT
RES REGISTERED WTS SURVEYOR
ICE 519PORAWCONSTRUCTIONSASeMENT
ADOT ARIZONA DEPARI SENT OF ISTNSPORTATION
SRNS SALT RieERPHIA•LANTICOPA IND5N COMMUNITY
HUTCH WalCOPRCOUNTy DEPARTMENT OF T.NEPORTATION
So SuREAu OF INERNT, FLEFARS
NOTES
BASIS OF BEARING
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 1/410F SECTION E. TOWNSHIP 1 NORTH,
RANGES EAST. OF THE GILA & SALT RIVER BASE
& MERIDIAN, MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS 1,189°5712"E,
CERTIFICATION
0
PH
7,0p,
Ozg
U rz"t;
5
ESIONED tre
RES
CHECK1
DATE
09/11/19
9 of 9
SALT RIVER PIMA-MARICOPA
INDIAN COMMUNITY
10005 East Osborn Road
Scottsdale, Arizona 85256
Resolution Number SR-3770-2020
A RESOLUTION TO CONSENT TO FIVE RIGHTS-OF-WAY APPLICATIONS AND
GRANTS OF EASEMENTS FOR THE SALT RIVER PIMA-MARICOPA INDIAN
COMMUNITY TO PROVIDE ROAD AND UTILITY IMPROVEMENTS ACROSS
ALLOTTED AND TRIBAL LANDS ALONG MCKELLIPS ROAD AND PORTIONS OF
DOBSON ROAD.
WHEREAS, the Salt River Pima-Maricopa Indian Community ("SRPMIC" or "Community")
Council has the authority under Article VII, Section 1(c)(7) of the SRPMIC
Constitution to regulate the use and disposition of private property within its
territory insofar as such use and disposition may affect the welfare of the
Community at large; and
WHEREAS, the SRPM1C Council has the authority under Article VII, Section I (d)(5) of the
SRPMIC Constitution to provide for the proper use and development and prevent
the misuse of the lands, natural resources and other public property oldie SRPMIC;
and
WHEREAS, pursuant to Chapter 17, Article I. Section 17-5 and 17-11 of the SRPMIC Code of
Ordinances, a public hearing is required for SRPVI1C authorization of a Right-of-
Way; and
WHEREAS, pursuant to 25 C.F.R. §169.107(a) and (b) no right-of-way over lands held in trust
by the United States for Indian Tribes or Indian Allottees can be granted by the
Secretary of the Interior, or his designated representative, unless the landowners
and the Community consent; and
WHEREAS, pursuant to 25 C.F.R. §169.108(c) the BIA may give written consent to a right-a-
way on behalf of an individual Indian landowner whose whereabouts is unknown,
or lithe owner is deceased, and the heirs to or devisees of the interest of the
deceased owner have not been determined; and
WHEREAS, the SRPMIC has applied for live (5) rights-of-way easements (road and utility
easement, utility easement, slope easement, drainage easement, and a two (2) year
temporary construction easement) along McKellips Road (between the Loop 101
Pima Freeway and Alma School Road and portions of Dobson Road) to construct
operate, repair, and maintain public road and utility improvements; and
WHEREAS, the location of the new right-of-way easements is more particularly shown and
delineated on the accompanying map titled:
1.) "MCKELLIPS ROAD LOOP 101 PIMA FREEWAY TO ALMA
SCHOOL ROAD PROJECT NO. TT0342 (ROAD AND UTILITY
EASEMENT SHEETS)" and includes nine (9) parcels variable in shape
and dimension and contains 6.252 acres, more or less.
2.) "MCKELL1PS ROAD LOOP 101 PIMA FREEWAY TO ALMA
SCHOOL ROAD PROJECT NO. rr0342 (Utility Only Easement
Sheets)" and is on average 80-feet in width, approximately 1.8375 miles,
and contains 17.8185 acres, more or less.
3.) "MCKELLIPS ROAD LOOP 101 PIMA FREEWAY TO ALMA
SCHOOL ROAD PROJECT NO. TT0342 (SLOPE EASEMENT
SHEETS)" and includes eleven (11) parcels variable in shape and
dimension and contains 0.526 acres, more or less.
4.) "MCKELLIPS ROAD LOOP 101 PIMA FREEWAY TO ALMA
SCHOOL ROAD PROJECT NO. TT0342 (DRAINAGE EASEMENT
SHEETS)" and includes seven (7) parcels variable in shape and dimension
and contains 10.348 acres, more or less.
5.) "MCKELLIPS ROAD LOOP 101 PIMA FREEWAY TO ALMA
SCHOOL ROAD PROJECT NO. IT0342 (TEMPORARY
CONSTRUCTION EASEMENT SHEETS)" and includes thirteen (13)
parcels variable in shape and dimension and contains 4.625 acres, more or
less.
WHEREAS, in accordance with 25 C.F.R. *169.114, the fair market value of all the rights-of-
way easements was appraised in the amount of EIGHT MILLION, FIVE
HUNDRED THIRTEEN THOUSAND, ONE HUNDRED TWENTY-EIGHT
DOLLARS AND TWENTY-TWO CENTS ($8,513,128.22) and said appraisal was
reviewed and approved for use by the Secretary through the Appraisal and
Valuation Services Office, Indian Trust Properties Valuation Division - Western
Region (Mice; and
WHEREAS, the landowners with majority-interests in BIA Tract Numbers 48, 49. 50, Ill, 362,
429, 455, 456, 458, 459, 576 A. 673, 693 A, 693 B and T (also known as SRAL
04810, 04910, 05010, 11110, 11111, 36210, 42911, 45510, 45610, 45810, 45910.
57610, 67320, 69310, 69311, and Tribal Land, respectively), have been informed
of the appraised fair market value and have consented to the aforementioned
easement contingent upon receiving fair market value compensation; and
WHEREAS, the landowners in the individually-owned allotments have been informed of the
appraised fair market value and, unless they have specifically waived compensation
in writing, are entitled to their share of the fair market value based upon their
respective ownership interests; and
WHEREAS, landowners having a majority-interest in the individually-owned allotment have
consented to the rights-of-way easements in-writing; and
WHEREAS, said casements are subject to any prior valid existing right or adverse claim and will
be without limitation as to tenure, so long as said easements are actually used for
the purposes specified in the Grants of Easement: and
WHEREAS, the SRPM1C Engineering and Construction Services Department (ECS) has
reviewed said applications and finds it in accordance with the provisions of the Act
of February 5. 1948 (25 U,S.C. § 323 et seq.) and the regulations set forth in 25
CFR, Part 169. as well as governing SRPMIC law: and
WHEREAS, the Land Management Board (LMB) reviewed the applications for the rights-of-
way casements and held a public hearing on the 9th day olDecember 2019 pursuant
to Section 17-I1(b) of the SRPMIC Code of Ordinances and based upon the: 1)
analysis conducted by the Community's ECS department. 2) the information
provided by the applicant, 3) questions and answers raised at the public hearing,
and 4) pursuant to the requirements of Section 17-11(b)(1)-(3), has determined that
the application for the right-of-way easement satisfies the following necessary
criteria for issuance of a right-of-way:
I. Will be compatible with the general plan and zoning ordinance of the SRPMIC:
2. Will not adversely affect adjoining landowners or the SRPMIC: and
3. Has been approved by allotted landowners over and through whose land the
Rights-of-Way will go.
WHEREAS, the LMB recommends the SRPMIC Council consent to the aforementioned rights-
of-way easements across the Salt River Indian Reservation for the purposes
associated with the construction, operation, maintenance, and repair of road and
utility corridors and subject to the landowners absolute right to reclaim the subject
land in the event the use for which this rights-of-way is abandoned, terminated, or
cancelled; and
WHEREAS, the SRPMIC Council has determined that consenting to the requested rights-of-way
easements is in the best interests of the Community.
NOW THEREFORE BE IT RESOLVED that the SRPMIC Council hereby approves the
submission of the applications and consents to the grants by the Secretary of the Interior, or his
designated representative, for the five (5) Rights-of-Way easements as described in this
Resolution. and as set forth in the Applications for Right-of-Way and the Grant of Easements,
attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the SRPM1C hereby agrees to compensate the landowners
in the total amount of EIGHT MILLION, FIVE HUNDRED THIRTEEN THOUSAND. ONE
HUNDRED TWENTY-EIGHT DOLLARS AND TWENTY-TWO CENTS ($8,513,128.22)
based upon each respective landowners' undivided interest in the aforementioned parcels in
accordance with applicable Community and federal laws.
BE IT FURTHER RESOLVED that the granting of the easement does not diminish to any extent
the SRPMICs jurisdiction over the Rights-of-Way, the power to tax the Rights-of-Vslay and
property lying within it, the authority to enforce ordinances of general application to activities
within the Rights-of-Way, and the general right to exercise governmental powers within the
Rights-of-Way, provided only that the exercise of such powers shall not prevent the use of the
Rights-of-Way for the granted purpose.
BE IT FINALLY RESOLVED that the SRPMIC Council hereby authorizes and directs the
SRPMIC President or Vice-President to take all steps reasonably necessary to carry out the purpose
and intent of this Resolution, and hereby authorizes the SRPM1C President or Vice-President to
execute the assignment of such Rights-of-Way as permissible in the Grants of Easements.
CERTIFICATION
Pursuant to the authority contained in Article VII, Section 1(c)(7) and (d)(5) of the Constitution of
the Salt River Pima-Maricopa Indian Community (as amended), ratified by the Tribe on February
28, 1990.
and approved by the Secretary o f the Interior on March 19, 1990, the foregoing resolution
was adopted this 22' day of January 2020, in a duly called meeting of the Community Council at
Salt River, Arizona, at which a quorum of 9 members were present., by a vote of 9 for; 0 opposed:
0 abstaining; and 0 excused.
SALT RIVER PIMA-NIARICOPA
INDIAN COMMUNITY COUNCIL
Marti y{ Harvier„ President
ATTEST:
rica Harvier. Secretary
0011I1111I111111111111111I111111111%.
Approved as to F by y the
ORke of the General Counsel
Nkcole L King
November 20. 2019
1/41,1•II1111I011)
4