Extracted text (via pymupdf)
47898 characters
WHEN RECORDED RETURN TO:
Salt River Pima-Maricopa Indian Community
Engineering & Construction Services Department
Rights of Way Section
TRIBAL
X
INDIVIDUALLY OWNED
X
GOVERNMENT OWNED
TAAMS NO.: 4200173890
JOB NO.: TT0342
NAME: McKellips Road (101 Fwy. to Alma
School Rd.) — Slope 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 (Slope) 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.
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
Assignment and Assumption of Grant of Easement
‘474
President, Salt River Pima-Maricopa Indian Community
WITNESS
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.
Approved as to Form by the
Office of the General C ounsel
Niccole L King
June 10,2020
STATE OF ARIZONA)
ss.
County of MARICOPA)
On
<, /Z, lour
, before me, 7\ C./444 a,
'CA"
, 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.
6,0
7Z-1"."
Notary Public in and for said State
My Commission Expires:
rth ru/L-cr. C
Assignment and Assumption of Grant of Easement
-2-
RECOMMENDED FOR APPROVAL:
-
Senior Right 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
-3-
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
-4-
Assignment and Assumption of Grant of Easement
Exhibit "A"
Grant of Easement
Assignment and Assumption of Grant of Easement
WHEN RECORDED RETURN TO:
Salt River Pima-Maricopa Indian Community
Engineering & Construction Services Department
Design Division (Rights of Way Section)
BIA TAAMS NO. 4200173890
PROJECT NAME McKeIN floac
_
101 Pima
Freeway to Alma School Road) 7_
Slope Easement
PROJECT NO.
110342
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
5, 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-Maricooa Indian
Community of 10005 East Osborn Road, Scottsdale, Arizona 85256 (the GRANTEE),
1. GRANT. In consideration of a one time lump sum payment totaling ONE HUNDRED FIFTY-FOUR
THOUSAND, TWO HUNDRED THIRTY-THREE DOLLARS AND SEVENTY-SEVEN CENTS
($154,233.77), 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 slope construction and maintenance
Right-of-Way for the following purposes: the right to enter upon the hereinafter described land for the
purpose of locating, constructing, reconstructing, repairing, and maintaining, highway construction
embankment and excavation slopes made necessary by the construction of a County Highway 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.
110342 (Slope Easement Sheets)". Said easement is known as "McKellIps Road (Loop 101 Pima
Freeway to Alma School Road) — Slope Easement" and includes eleven (11) parcels variable in
shape and dimension located in Section 5, 6, and 7, Township 1 North, Range 5 East, of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona and contains 0.526 acres total, more or less.
Page 1
Said easement being portions of Allotments 48, 111, 429, 458, 673, 693 B, and T (also known as Salt
River Allotments 04810, 11111, 42911, 45810, 67320. 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
SAP-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.
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
Page 2
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;
(Hi) 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
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
Page 3
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
receivership.
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 not 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 CFF1169.204 - 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
MELISSA THOMAS
Notary Public - Arizona
Maricopa County
My Comm. Expires Mar 21, 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 delegation of authority), is granting and executing
this grant of easement on this 604 day of
///-42/-e-d--/
, 20 .2L.)
IN WITNESS WHEREOF, Grantor has executed this grant of easement this 02-‘2/4 day
of /474 el
. 20 20 .
UNITED STATES OF AMERICA
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 MAR ICOPA )
Before me, Notary Public, in and for said County and State, on this -\ N.,,,v..LA:,\c‘_.,-,\-I \_ day of
, 20
, personally appeared Ct_ c
r.
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,
Notary Public
\
My Commission Expires
Page 5
Exhibit "A"
Legal Plat
IF
D
!i
=,4
01.7
SHEET
7,9
04.
SLOPE
EASEMENT SHEETS
TIMES OA TES
PIMA ROAD (alignment)
PIMA ROAD (alignment)
rIE5.191
SR 101L°2
S00,12rel
1.4.0071..E
SR 101L
SR 101L
IF
588T
MCKELLIPS ROAD
LOOP 101 PIMA FREEWAY TO ALMA SCHOOL ROAD
PROJECT NO, TT0342
MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION
REAL ESTATE DEPARTMENT
11E'IAIL 2B
cc
SRAL04810
ALT. 48
A
NEW SLOPE PAR 2
MON. /72
AIMS 712,
EXISTING 15.0' WIDE
ROAD & UTILITY EASEMENT
SRAL 05010
SRAL 36210
ALT. 362 EXISTING 15.0 WIDE
ROAD & UTILITY EASEMENT
—EXISTING eau WIDE
ROAD ONLY EASEMENT
— — — —
McKELLIPS ROAD
VICINITY MAP
Rev/Mona
SRAL 04910
ALT. 50
LEGEND
ALT. 49
DETAIL -2
Scale:1"0 60'
1810216701
AK SE, etc NOR1nViES1.501118EAST
BC BRASS CAP
ALT. ALLOTMENT
FND rOUND
5e.T RIVER ALLOTMENT
NEC RECORD
1185 NOT11.10 8110. or 5E1
MON MOAUmEN:
TPOB .01/810L BEDNNING
DIA .Pgrcal
CoUnty,A818ona
36210 SCC, 6, T181, RSE
49
04910 Sec 3, TIN, 135E
48
04810 I Set. S. TON, 050
50 r 05010 r So. 7. 71N,1358
LEGAL DESCRIPTION • SLOPE EASEMENT PARCEL 2
A PARCEL, being a SLOPE EASEMENT and balng PARCEL 2 along tAcKellige Road an. local., a.m. Sal: Rm.
Pirna Mancopalnd. Cornmuroryan.I.Ing 447 on. Soulhwool Ch... (SW 114101 Socton S. 147676180 10075.
Range 5 E.,' Gila and Sall Rivor Baca an. Mona,. Marta., Counly.A.8ona, and tvoing rnoro parlIcalar8.
doscrlbod ao logaws:
COR CORNER
PM(
paRca.
I 10,114.18
rin NANDnOLE
R 13,1140E
8.8 NOT APART OE
SECT SECTION
MAL MOAL OR Lt.
SY SQUARE f EEL
— SEE ADJACENT 511EEMETA
EA 8/SEMEN.- AC885
GA G13058 ACRES
E A EASEMENT ACRES
SI. EASEMENT SQUARE FEEL
NUE ROAD A.0811111. EASEMENT
RLS REDISTEREDLAND SURVEYOR
TCE TEMPORARY CONSTRUCTION EASEMENT
ADC.- ARIZONA DEPARTMENT OE TRANSPORTATION
SRAMIC SALL RlvER AMA•MAPICOPA INDIAN COMM...
KBE. MARICOPA COUNTY DEPARTMENT OE TRANSPORTATION
. BuREAL, OF .NOIAN A8 ,A1118
NOTES
PLAN VIEW
SW1/4 of Soct. 6
SE1/4 of Sect. 6
TON-ROE
-701fh
TIN-ROE
1320 0
PLIMAPX5
625 1 0.01
0
4
0 0.00
1LCAL 'IZ18888
SRAL 36210
ALT. 362
SRAL04810
ALT. 48
COMMENCING at ADOT
in nanabolo Ino 5.18 Quanor CON. 01 said Sec.. 6;
THENCE along lEo 502E1 Ills, Saul. Hall (7 1/2141.8.1
S 80,7121 WOO 57 4445044 41157,78 loot
THENCE 547110011748. Wool. lor 0,4 4,AMOOSCSE,NOIISCI4 Eaaarnanl Cl maidp, Rood .01. TRUE
POINT OF BEGINNING:
THENCE "544010.4112-%%t454 7='::"402°60`"00 Sd t0017 n2Ag`1.20, :.4,4740 A
loal,
THENCE South 01.02.1. ELI. Doing perpantkulor to 8.1 So81811., for a ALAlanco of S.00 log,
THENCE olong uo.d South 8. nortA nrsr.n. Eact..8118..../ 8. 1, an. SS.001. 1 ......18 8. 8°.8
aptanco o1135.00 foot lo tha True POInt of Beginning.
rr
g, P,AZE,Ln...!...ronnrze 62S ogurito Sal or 0.0143 oAroa. and Doing 125,00 loot In long.. (avaragod A001.051 a/
MON. 112
cKELLIPS !ROAD
UON
SOUTH 114 COR.
SECT. 6, T1N-R5E
ED. ADOT BC IN HH
SRAL 04910
SRAL 05010
ALT. 49
ALT. 50
BASIS OF BEARING
N83.561301,
200.02L'IA
S85.571111.1.
N88157,2 E
5 00'
1: I:
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 114) OF SECTION 6, TOWNSHIP 1 NORTH,
RANGES EAST, OF THE SILO & SALT RIVER BASE
8, MERIDIAN, MARICOPA COUNTY. ARIZONA AND
BEING ASSUMED AS N89. 57. 12.E,
CERTIFICATION
ZIZZATIF'sVAT tre=24=S4TEL'A'Af PAP
(11)/008 IESSuPENVISIONI1110 710111-01 -541 DESCNIOLO
AND sPowN orvItiis MAP, AND 111A1 SAID 111G111 , 01-WAY
IS ACCURATELY REPRESENTED THEREON AND
IS BASED (Pot( (4,c.o.o T Pam,/ suEv/Y
DATA AND PROJECT CONSTRUCTION
KAM
DETAIL - 28
not to scale
NW1/4 of Sect. 7
.-NOIE7t
NE1/4 of Sect. 7
TIN-R5E
TIN-ROE
JOB NUMB
TT03,42
HAVVN
RES
mEcKEE
DATE
04,1/19
SHEET NUMBER
2 of 9
SRAL 45910
SRAL 42911
ALT. 429
ALT. 459
ROAD ONLY EASEMENT
r
PROPOSED ROADS
UTILITY EASEMENT
N
McKELLIPS ROAD
N89,240 .0
PROPOSED ROADS
UTILITY EASEMENT
PROPOSED ROAD &
r
LIMIT V EASEMENT
ORAL 45810
ALT. 458 EXISTING 050' WIDE
ROAD & UTILITY EASEMENT
29,
EXISTING ISM WIDE
ROADS UTILITY EASEMENT
VICINITY MAP
Revisions
5=1
THOMAS
II
IDIFE111
ROAD
111.111MITIK,,,CZWELL
COLL.
1111
0
NEW SLOPE PAR
mt.3c
P.A.
=VI
NtroP
County, A.m.
CERTIFICATION
JOB NUMBER
TT0342
LUNOER HIS SUPERVISIONLIHE 111.11 OF WAY DESCRIBED
AND SHOWN ON THIS MAP. AND THAI SAO RIGHT OE WAY
IS ACCURATELY REPRESENTED THELLEON AND
IS BASED UPON .4 C.0.0 T PROJECT SURVEY
DATA AND PROJEC1 CONSTRUCTION
PLANS
D.SICNED
DRAWN BY
HER
DATE
04/11/19
.HEET NUMBER
3 of9
SRAL 45510
ALT. 455
ORAL 45610
ALT. 456
SRAL 67320
ALT. 673
LEGEND
NE1/4 of Sect. 7
TIN-ROE
PLAN VIEW
SpR
SECT ti, T1N
$825239100 000 11
—1—
189,730W 000 7
1
SRAL 45810
R SRAL 45910
ALT. 458
ALT. 459
co
1
SRAL 67320
ALT. 673
I •".1
".—
McKELLIPS ROAD
:2
i'.•
SRAL 45510
SRAL 45610
ALT. 455
ALT. 456
„
2
5801 7500
00002
— 5119-51180
05012'
91110. 511.5,
SECT 7, Ai E - \
45810 Sec. 6, TIN, RSE 1111 0.003
455
45510 Sec. 7, TIN, RSE
0 0.000
459
45910 1 Sec. 6, TIN, 05E
I 0.000
456
F
45610 F Sec 7 TIN 05E
Oslo
LEGAL DESCRIPTION - SLOPE EASEMENT PARCELS
A PARCEL.. a SLOPE EASEMENT and Wing PARCEL 3 along ...pa Road a. localod ocrous tho Sall Rlvor
,..0. .0004....1011 . 010. 0.1.00015004 part of Southoast Guar. (SE 214),...0 , 1 001RINOIT.
Rango Eact of L. G. and .11130. Bo. and
Orld 50, rm. parfic.o.t,
dm... 10110.
COMMENCING lit an *DOT ...cap nondho. Mr I. South Guorlor Corner or 00015.10.
THENCE along Sou.8T110S801580000818, (SE .1)01 oaLd SocIon 6 Nodh 89 .57.0I
oU852000
9,241001,
"MENGE Nor. 00.0714. 1Nont, for 0 dutonca ot 66.00 fool to TRUE POINT OE BEGINNING:
THENCE Nor. 00.02. Woot ha, porpo.cularlo Gad South Ono, Jar a Matonco of 5,00
THENCE South 89.S.I. Weal bong par.1 and 70.00 loot NadhorlyalSa. South Ilne. 1o , a di.. P..n fool;
THENCE SoL11.14,0 1. 1. Ear, Mr d... or >O. 1o.
THENCE North 80,7 .41. foot lawng poral.lond ..00 loot Nodhody of S001 Sou. 10.1or diBiOnC0 of 19.70 lootto .
T.* Po. of BoolrinInp.
SoLd PARCEL
111 GE.. foot er 002fi au. ano bong 22.25 Mo.° long.Lovorog. adolinoa) or 1, 0.2
...more or 10.
0 MONUMENT
NI/SE. NORI.E., SOUTHEAST
BC BRASS CAP
ALT. AILMENT
.0 IOUND
SRAL RIVER...ENT
REC RECORD
NIS NO.1110 ERDAL SET
MON MONUMENT
1P08 P000- Or MOIR.°
COR CORNER
PAR PARCEL
1 lOWNSPIP
. 1.10001E
R RANCE
NAP NOT APART OF
SECT SECTION
M. MOIRE OR LESS
13.0 SOUAREFEET
— — SEE ADJACENT SPEEPDETML
EA ...ENT AMES
0.A MOSS ACRES
E EASEMENT ACRES
E ST. EASEMENT SOW. EET
RNE ROAD AND.1111,ASEMENT
RLS REGISTERED.° SURvEYOR
-10E TEMPORARY CONSTRUVION EASEMEN1
/GOT ARIZONA DEPARTMEM OF TRANSPORT..
SRPMIC SALT RIVER..•MARICO. NOLAN COMMUN.
MCDOT ...OPP COUNTY DEPARTMENT- Or TRANSPORTATION
81A 81.E. Oi INDIN AP.RS
NOTES
BASIS OF BEARING
THE SOUTH LINE OF THE SOU lOWEST QUARTER
(SW 1 / 4) OF SECTIONS, TOWNSHIP 1 NORTH,
RANGE SCANT. OF THE GILA & SALT RIVER BASE
(MERIDIAN, MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS N69.5712-E.
DETAIL -3
Scale: 1" = 60'
SE1/4 of Sect. 6
TIN-ROE
II
SCALM FEET
CIV02:1 St:11113)1°N
DOBSON ROAD
t.r204, 1220 65
5=1
r?,
SC,21,51
spices
drIMES SDATES
WON
SEE SHEET 6
(PuN Int-w)
Z
:14
MCKELLIPS ROAD
MARICOPA COUNTY
SLOPE
LOOP 101 PIMA FREEWAY TO ALMA SCHOOL ROAD DEPARTMENT OF TRANSPORTATION
EASEMENT SHEETS
PROJECT NO. 00342
REAL ESTATE DEPARTMENT
EXISTING 80.0 . WIDE —
ROAD ONLY EASEMENT
SRAL 67320
ALT. 673
S007115'W
1.323 70
,,,----- PROPOSED ROADS
V UTILITY EASEMENT
TRIBAL
(S SE SE 66)
(5 000 Ocras)
SEE SKEET
DETAIL .4-
MON. #3
0
ORAL 57610
ALT. 576 -A
— PROPOSED ROADS
UTILITY EASEMENT
DOBSON ROAD
LEGEND
Ly=
MIEMIFIE111
mimmlifE-se
MIKE
PROPOSED ROAD &
UTILITY EASEMENI
PROPOSED ROAD
UTILITY EASEMENT
NEW SLOPE
PAR 6
TRIBAL
LOT 08
—J
LU
DETAIL -4
Scale: 1" = 60'
W.,11t,T,1
NE1/4 of Sect. 7
TIN-ROE
PLAN VIEW
SE1/4 of Sect 6
TIN-R5E
SRAL 42911
ALT. 429
SRAL 67320
cKELLIPS ROAD
955
Z
ALT. 673
SCEL. '1IE' EEET
,0,474
ORAL 57610
ALT. 576-A
TRIBAL
TRIBAL
LOT 08
5556
MUG TO
600.03.
SE COR.
SECT. 6. TiN.R5E
DOBSON ROAD
FD. ADOT BC IN HH
NW1/4 of Sect. 8
TIN-R5E
SW1/4 of Sect. 5
TIN-ROE
SEE SKEET 13
(PLAN VIEW)
330-.713. —
S00.0011 .W
CE,SRENI,
C u'IZ,VrTo n
57610 5-cf. 6, ESN, Mt
BIA rral Col%
BASIS OF BEARING
THE SOUTH LINE OF IRE SOUTHWEST QUARTER
(SW 1/410F SECTION 6. TOWNSHIP 1 NORTH,
RANGES EAST, OF THE OILS & SALT RIVER BASE
& MERIDIAN. MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS N69°57 .12E.
CERTIFICATION
JOE NUMBER
T70342
(UNDER HIS SUPERVISION) IllS KIGNEOF WAY DESCRIBED
AND SHOWN ON THIS MAY, AND THAI SAID 1110117-OF WAY
l 'Bff(nTlg 7,17,7ZATA=
OATA AND PROJECT CONSTRUCTION
PLANS
RES
CHECKED NV
5 of 9
VICINITY MAP
RovIslons
—I'Ll
PROPOSED ROAD &
UTILITY EASEMENT
TRIBAL
T
5506
RADIUS DELTA LENGTH
EB9 14.
94 BO'
REMARKS
LEGAL DESCRIPTION - SLOPE EASEMENT PARCEL 6
A PARCEL, boing SLOPE EASEMENT and bong PARCEL 6 along 0o.on Road ond
arrow, tho Sall 11Kor
KKK. - Mar... KdK. Golnl^ ,KM1, mKIEmog port of tno Soutwo.I Guano- (SW 1/4), Soo. S, townr.Elp INK!,
Runge 5 Eau, Ine 011a and Sall Rover 0110e and Mend., Mancopa Goon, Ar.011a, and being more parliculafly
doumbod au lollowa.
COMMENCING at on ADOI pl... cap in nananolo !or Inn SoutEwosi Como, of sad Sucuon 5,
THENCE along .0 Sou. Imo of to SOOltIWOBt quart. (SW 1t9) DOoC.Uon Nor. es . E001 - Eau, for a att.tanco
27.38 loot;
Elan. doporting Wad Soutel.o North 00 .02'10- Wes, lor Et IElonca al 62.84 looE
thonco wenn 047.018.. Wom, u Mown.. of 5.00 loot to I.ho TRUE POINT OF BEGINNING.
THENCE woMorly along Om arc of a cuno coma., lo OKI nor. haw, ratliuK ol 2776.06 Kat, and lo whr. po,nt a rad.
Ilno boars South 0470 . 10. Ear, having a conIrat an& of 03,0. 1, tor on am dalanco of 106,90 foot to lho beginning al
non.tangonl
THENCE Nr. 35.2..1 .00. Was., loi- atl IaLanco of 6.10 root to IN Sopmning or a non-langont airvo con.. to tho nort,
having a radius of 2771.00 feat. or. W.I. polnl. radial Imo boom Sou. 00 .25,14• EusE
THENCE oa.ady along Ina arc of aaJdarvo having a contral angle ol
for a, arc dmKnce 190.14 Kul tho
lao0innIng ol a nonKangoni
THENCE So. 0.1 .2(118- Ea. lor a distanco of S.00 fool to Ku Truu Point of Beginning.
SaM PARCEL corgoirung 036 oquare toot or CUM ocrou, 5.5107.56 55 500050 (tEtorapod pEtolinop)ar 0.035S
OM mom or low,
EXISTING 86,0' WIDE —
ROAD ONLY EASEMENT
0 500UME01
Not.SE,EIE NORTHWEST. SOUTREAST
SG BRASS CAP
ALT ALLOIMENT
4,41 ECUND
;RAI. .1.CH Al.LOIMENI
REC. RECORD
NES NOTHING MD 0,0
MON MONUMENT
IY08 YO1N1 Of BEGINNING
COR CORNER
PAR PARCEL
TOE/NSEV
lin NANO.,
R RANCE
NAP NOT A PAR! Of
SECT SECTION
ME. MORE OR LESS
SF SCILIEREELET
11 SEE ADJACEN1 SitEETILIVAIE
EA EASEMENTACRES
CROSSECRES
EA EASEMENT ACRES
ESE EASEMENT SQUAREEEET
REA ROAD AND 61,11, EASEMEN I
RES REGISTERED LAND SURVEYOR
iCE TEMPORARY CONSTRUCTIONEASEMEW
ADOT ARIZONADEPARIMENT OF TEUNSPORTATION
SREMIC SUT RNER
MARICOPA INDIAN COMMUNITY
MCOOT MANCOPA COUNT,' OEPARNENT Or MANVORTATION
8LA SuREAU OE INDIAN AiEARS
NOTES :
SLOPE ESMT
PAR 6
012018,
TPOB
PARCEL 0 7
–EXISTING eao . WIDE
ROAD ONLY EASEMENT
PROPOSED ROAD &
UTILITY EASEMENT
z=711:7:r.
Vf 50225.
1.111.1 111.111.
LINE
02 IN'
PAR
S LOPE ESMT
McKELLIPS ROAD
PROPOSED ROAD U —
UTILITY EASEMENT
41
170
-11
00,1,181,11
DETAIL -6
Scale: 1". 60'
PA01113
eRNOT71 TANOENT
2776.88 1
195.90 1
21771.1381
1139.71,
PLAN VIEW
2778.1fie
009,5: 007.65
BIA Z:rcol
BBSMINI,
co:4=r.
TRIBAL
Soo 5. T1(4.1156 7.212 0 166 555W
TRIBAL
Sec 8, TIN. 116E
0 0.000 Let OS
LEGAL DESCRIPTION • SLOPE EASEMENT PARCEL 7
A PARCEL, warm a SLOPE EASEMENT and Soltm PARCEL 7 alo, McleollIpe Road and 1ocalod aerwe Iho Sall River
PIMa • 77. 7. 11Po /WW1 ComMoeW oF9 0001 501 of 00 Southwoet Quarter 1S1A1 MM or So.., 5, TOW., 1 North,
Rungo S Euet of lho OW and Salt Rwor Baca told moreaan. Mancopa Coonly. and 1101r. TOM pamcularly
wecnoo0 as lueowe
COMMENCING al an ADO1 brow cop nortravio.No SoolroroPComor of so. Soca. S.
THENCE No. BOMIMM lor a damn. of 277 38 fool,
THENCE Nor11100 .02. 197 VVoal, For a [WW1. o162
. Flo TRUE NOINT OF 000INN1N0;
THENCE North M.201M Wool, for a clIatanco 015 00 loot radial Do no. doormat, Fen. concavo lo leo no. nav Ing
F.. of 2776,161ael to a point on Ino aro of oMel curvo.
soak:Fog of a Lang. Mo,
INENCE North 90 .57171 . EaM,1or a dManco of 1/2.99 loot;
THENCE South 21 .02.20"Eael. 1or dintanco of S.00 kW:
THENCE South 08.57O elluet. tor a dislaneo of 172.99 loot loWo
of a ,anson1 curve concave lho
havIng a racees el 27111.8 Nor
THENCE woolory (Amu Do arc of oNuOUIVO (11.110
oontral angle of 16,7 11 . , for an are Witanco of BMW fool Ia
Trua Point al Beginning.
SW PARCEL 7 co no 4.0111
0.1062 mew 1110I0
SW1/4 of Sect. 5
TIN-R5E
SCALf1. FEET
7.12/13,4'
stAv cro
90 sir 0,17
SE1/4 of Sect. 6
TIN-ROE
McKELLIPS ROAD
WM113
SE COR.
SECT. 6, TIN-ROE
FD. ADOT BC IN HR
77t43, 4.
s s rs,
7"1.1344
10105
VICINITY MAP
Revisions
THOMAS
111.1111111.__,,
mem
ROAD
ENO° CHELLIPS
Atad
LEGEND
10051151
wv,SE, et,
NORM., SOUMEAST
BC 01.13
ALT ALLOTMENT
rem Fou00
SEW SALT alvER ALLOTMENT
WC RECO.
WS NOTHING MD. or SET
MON MONUMENT
TPOS PONT OF BEGINNING
COB COMER
PAR PARCEL
T TOWNSOF
wi RAMP,.
1.1 RANGE
NAP NOT A PAM 01
SECT SECTION
Me. MORE OIR LESS
S F
SQUARE EES1
SEGAL:MUM MIEEIFOLIM.
EA EASEMENT ACRES
GA GROSS ACRES
E A LASEWN1 ACRES
E SF MSEMENI SOU/WE FLO
ROE ROC AND MIR, EASEMENT
MS MOSIER. LANO SURVEYOR
TCE TEMPORARY CONSMUCTIONEASEMEN1
.01 ARIZONA DEPARIMENt OF TRANSPORTATION
SWMIC Mt r RIVER MM. MOICOPA NNW COMMUNIIY
WOOF MARICOW COUNTY DEPARTMENT OE TRANSPORTATION
BLA B.f. OF MM. AFFAMS
NOTES
BASIS OF BEARING
THE SOU I H LINE OF THE SOUTHWEST QUARTER
(SW 114) OF SECTIONS. TOWNSHIP 1 NORTH,
RANGES EAST, Of' THE OILS S SALT RIVER BASE
& MERIDIAN. MAR1COPA COUNTY. ARIZONA AND
BEING ASSUMED AS N801571121E.
CERTIFICATION
KENNETH W GREEN STATES HE IS A REGISTERED LAND
SURVEYOR IN THE STATE OF ARIZONA AND HAS HAD PREPARED
(UNDER HIS SUPERVISION1 ITS 5571.01 -WAY DESCRIBED
AND SHOWN ON THIS MAP. AND THAT SAID RIGHT-OF-WAY
ES ACCURATELY REPRESENTED HEREON AND
IS BASED UPON NI [DDT PROJECT SURVEY
DATA AND PROJECT CONSTRUCTION
PLANS
JOB NUMBER
T1 03.92
DESIGNED BY
01,AWN BY
HEN
NW1/4 of Sect. 8
TIN-ROE
DA,
09/11/19
SHEET NUMBER
6 of 9
531131
HOMAS
MIIIIELIMCDOWELL
AD
ROAD
CIZL
1111111111
DETAIL -7
Scale: 1" = 60'
SW1/4 of Sect. 5
TIN-R5E
TRIBAL
5 NE SW SW
S N se4
ENO FOIWO
S1,11 SA, RIVER ALL 0.ENT
REG RECORD
NiS
or SET
mON MOvuMENT
MOB POINT OF BEGINNING
DOR CORNER
Ona PgICEL
7 TOWNSWP
I111 IVIN0,10LE
R RANCE
HAP WAWA. Of
SECT SECTION
h1-1. MORE OR LESS
S F WI/MUGU
SCE ADJALLNI
E A EAS..1
A GROSS ACHES
E A EASEK Xi .17,5
ES F EASEMENT SQUARE FEET
ROAD MO UrItilY EA.SEM
0.LS REGISTERED LAN.I.EVOR
iLE TEMPORARY CONSTRUCTION EASEMENi
.01 ANIMNA DENRINIBI (3, TRANSPORTATION
SPP.
N1V. YI.,IAN,COFA INMAN COMMUNIT
AIL007 MARICOPA COUNTY DEPARTMENT Oi TPANSPOPTATCN
11. BUREAU Of 1.1.
NOTES
0
0
JOB NUMBER
TT0342
rikt, 4
10/ 7;
DRAWN
GUS
CHECKED B
DATE
04/11/19
SHEET NUMBER
7 of 9
NW1/4 of Sect. 8
T181425E
KENNE7H W. GREEN STATES HE IS A REGISTERED LAND
SURVEYOR IN THE STATE OF ARIZONA AND HAS HAD PREPAR
/UNDER HIS SUPERVISION/ THE 0I500.00 -WAY DESERMED
ANAD SHOWN= THIS MAP. AND TM, SAIDDRIGHT.OF.WAY
4C01=ON
DATA AND PROJECT CONSTRUCTION
PLANS
4,/ rFoe
VICINITY MAP
Revisions
McKELLIPS ROAD
PROPOSED ROAD 8
UTILITY EASEMENT
— EXISTING 800. WIDE
ROAD ONLY EASEMENT
PROPOSED ROAD 8
UTILITY EASEMENT
s21 .o:PAIr
/ SLOPE ESMT
PAR 8
LEGEND
000000E01
vw,SE.vic NORTHwESESOPTWAST
BC B.; CAP
ALT ALLOTMENT
BOA rrol
tltrenn
Count, Arizona
EA.
REMARKS
TRIBAL Sec TON, ROE
481
0,011
SN NE SW
LEGAL DESCRIPTION - SLOPE EASEMENT e
A PARCEL, Ivemp a SLOPE EASEMENT and wimp PARCEL el ow, WIWI,. Road ono woo o
TO-MOO
Iowan CommunW and 01008 000 of Ple Soulltwoul Quarter (SW lia)ol Sod.. 5, Ton
Hoppa P Eact ult. Oda an Sall Rwer Bow and Mon., Mance. Co.,
wnd Pomp m
douct Wed
COMMENCING ot an ADOT Era. c p ond tor o Southwevl Co of
THENCE along :ha Sou. 000IIfloSOOI000.OI50000IISWOI4IOIOAOSOOIOO
E. lor a
o ol
234.2 02 foul,
THENCE depart., vad Sou. imo Nor. 00 .0210,Vapl, for a divton. 0(671.01 feel to a vow on conlortno of
Roadl
THENCE Sou. 21 .02'20- Ewa, for o .lanco ol 60.00 lo Ow TRUE POINT OF BEOMINING:
THENCE Sou. 21 .02.20- Pact. for a datanco ol 10.0g lool.
THENCE NoW180,771 . E.. lor Platance Ig1,84 Wel,
I HENCE North 71 -027, lor dovIonco of 1556 loot
THENCE Sou. Ste57 .31 . W.1, lot alslaoce ol 22 Wel to lho Trull Point of Beginning.
S. PARCEL 0 cepWong 1,85g npouto few or 0.0427 Liam,. ow, 193. tool ,n long. (averaged wdelw..
0.0367 mil.. mow ut lo.,
—McKELLEPS—ROAID-- -
S s
BASIS OF BEARING
TRIBAL
LOMB
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 114) OF SECTIONS. TOWNSHIP 1 NORTH,
RANGES EAST, OF THE OILS & SALT RIVER BASE
& MERIDIAN, MARICOPA COUNTY. ARIZONA AND
BEING ASSUMED AS NB9.5712.E,
CERTIFICATION
VICES
EWES SPATES
DECA1C,
SEE SHEET S
DETAIL "Sr
Sn
Tolve.
rjr
'C410
S PASJO PI OS
zo,
SEE SHEET S
WL4N VIEW)
LEGAL DESCRIPTI ON -SLOPE EASE MENT 11
;.?
2
2 c'I
9:1
9 .6
LEGAL DE SCRIPTION - SLOPE EASEMENT 10
LEGAL DESCRIPTION - S LOPE EASEMENTS
7
4.12
0
MCKELLIPS ROAD
MARICOPA COUNTY
LOOP 101 PIMA FREEWAY TO ALMA SCHOOL ROAD DEPARTMENT OF TRANSPORTATION
PROJECT NO. TT0342
REAL ESTATE DEPARTMENT
g2
SLOPE
co
EASEMENT SHEETS
dhAW;;;r:„A§Pgge
EjlPgiEMMHOPM,
WIMM.
0,0"'20M
VICINITY MAP
RovIslons
84144 %
r 648 1°
THOM.
OAD
EXISTING 15.0' WIDE
ROAD A UTILITY EASEMENT
--/
McKELLIPS ROAD
/
rAi78.4
(St AI
EXISTING 40.0' WIDE Se)
ROAD ONLY EASEMENT
"'
PROPOSED ROAD &
UTILITY EASEMENT
-/
1111E4
')1(LC 'EL:"
MINIP C. 5
1111E1
SCAIrP°4 TETI
TRIBAL
ON 22)
MEANDER LINE OF THE
RIGHT BANK OF THE
SALT RIVER
SW1/4 of Sect 4
TIN-R5E
CERTIFICATION
(UNDER IFS SUPERVISION) THE RISKS OF WAS DESCRIBED,
IrACrIL'17=NRWLSVETI7E=MWATD"''''''
15 BASED UPON NI.C.0.0 PROJECT SURVEY
DATA AND PROIECt CONSTRUCHON
PLANS
TOB NuMBER
TT0342
DESIGNED
ES
NECKED BY
DATE
04/11/19
SWEET NUMBER
9 of 9
,
NEW SLOPE
PAR. 10
PROPOSED ROAD
UTILITY EASEMENT
TF?p.44.
EXISTING ISO' WIDE
ROAD & UTILITY EASEMENT
LEGEND
9 MONUMENT
IA.,. NORTH,. ST SOLLINENSI
BC 013.3 GLN
ALT ALLOTMENT
FND FOUND
S.N.
BLVER ALLOIMEN1
NEC RECORD
yrs NOT,. FNCA.Er
MON MONUMENT
WOO POINT OK AL CANINO
COR CORNER
PANDCL
I TOWNSHIP
HN
R RVICE
NAP NOT A BARI.
SECT SECTION
ANL MORE OP..
OF SCUM....
SE.E.ACENT SHEETNIETAIL
LA EASEMENT
C.A. CROSS ACRES
E E.EMENT ACRES
C .F. E.EMENT SQUARE FEET
FIALE ROAD AND OILLI .SE.N1
R. BEGISTE.D LAMB SURVEYOR
ICE TEMPORALLY CONSTP.TION EASNMEN1
A007 ARIZONA BEILANIMEN7 OF IRANSPORT.ON
SPPMIC SALL NivER ANN •NLAR,COPA INDIAN COMMUNITY
MCD07 VAN.. COON, OBBARIALCNT Or M.S....
BA BON. 04 ININAN.H.5
NOTES
BASIS OF BEARING
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 1/410F SECTIONS. TOWNSHIPS NORTH,
RANGE 5 EAST, OF THE GILA 6. SALT RIVER BASE
& MERIDIAN, MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS N89.57.12"E.
DETAIL - 9
Scala: 1" = 60'
PLAN VIEW
5E1/4 of Sect. 5
TIN-R5E
ONSRBNI,
county, ArlAnR)
TRIBAL Sec 5, TIN, RSE TTT 0,013 SSW NE SE
Sec 5. TIN, RSE
0,000 SE NE SE
TRIBAL I Se. ,
5 TIN, ESE 1,174 0.077 OILS
SALT RIVER PIMA-MARICOPA
INDIAN COMMUNITY
I 0005 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 SRPMIC Council has the authority under Article VII, Section 1(d)(5) of the
SRPM1C Constitution to provide for the proper use and development and prevent
the misuse of the lands, natural resources and other public property of the SRPM1C;
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 SRPMIC authorization of a Right-of-
Way; and
WHEREAS. pursuant to 25 C.E.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-of-
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 five (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
Pinta 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
I .) "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.) "MCKELLIPS ROAD LOOP 101 PIMA FREEWAY TO ALMA
SCHOOL ROAD PROJECT NO. TT0342 (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.) "MCKELL1PS 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. TI0342 (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 Office; and
WHEREAS, the landowners with majority-interests in BIA Tract Numbers 48, 49, 50, III, 362,
429, 455, 456, 438, 459. 576 A. 673, 693A, 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 kvriting, 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 easements 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 SRPMIC Engineering and Construction Services Department (ECS) has
reviewed said applications and finds it in accordance with the provisions °Idle Act
of February 5, 1948 (25 US.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 (LIMB) reviewed the applications for the rights-of-
way easements and held a public hearing on the 9th day olDecem her 2019 pursuant
to Section 17-11(b) of the SRPMIC Code of Ordinances and based upon the: 1)
analysis conducted by the Community's ECS department. 2) the inthrmation
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:
1. 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 SRPMIC hereby agrees to compensate the landowners
in the total amount of EIGHT MILLION, EIVL: HUNDRED THIRTEEN THOUSAND. ONE
HUNDRED TWENTY-EIGHT DOLLARS AND TWENTY:IVO 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 SRPMIC's jurisdiction over the Rights-of-Way, the power to tax the Rights-of-Way 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
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and intent of this Resolution, and hereby authorizes the SRPNIIC 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 of the Interior on March 19, 1990, the foregoing resolution
was adopted this 22"d 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-MARICOPA
INDIAN COMMUNITY COUNCIL
ATTEST:
rica 1-larvier. Secretary
re Approved as to Form by the 4'1
Office of the General Counsel
Nkcole L King
November 20, 2019
,
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