Extracted text (via pymupdf)
46875 characters
WHEN RECORDED RETURN TO:
TRIBAL
X
Salt River Pima-Maricopa Indian Community INDIVIDUALLY OWNED
Engineering & Construction Services Department
GOVERNMENT OWNED
Rights of Way Section
TAAMS NO.: 4200174039
JOB NO.: TT0342
NAME: McKellips Road (101 Fwy. to Alma
School Rd.) — Drainage 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 (Drainage) 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
deb h d and official seal.
Marla*/ County
My COM(111114011 Expires
February 8, 2022
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.
ASSIGNOR:
By:
Name:
Marti/Harvier
Title:
President, Salt River Pima-Maricopa Indian Community
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 (Lsw.._ (2.,
, before me,
e_yv_1-&- fi ).e_Ake...
, 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.
Notary Public in and for said State
My Commission Expires:
b rti-e-dit 6, to
-2-
Assignment and Assumption of Grant of Easement
RECOMMENDED FOR APPROVAL:
L_Q
Senior 12Ight 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
Assignment and Assumption of Grant of Easement
-4-
Exhibit "A"
Grant of Easement
Assignment and Assn
on 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.
4200174039
PROJECT NAME McKellips Road (Loop 101 Pima
Freeway to Alma School Road) -
Drainage 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 Salt River Pima-Maricopa Indian
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, SIX HUNDRED
NINETY-INV° THOUSAND, SEVEN HUNDRED EIGHTY-FIVE DOLLARS AND TWELVE CENTS
($2,692,785.12), paid to the tribe within five (6) business-days of the right-of-way being granted.
Maricopa County is responsible for direct pay to any allotted landowners within a reasonably timely
manner after the right-of-way being granted. Maricopa County will make available proof-of-payment to
the GRANTOR or GRANTEE upon request.
GRANTOR does hereby grant to GRANTEE, an easement for a drainage Right-of-Way for the following
purposes: the right to enter upon the hereinafter described land to construct, and maintain the basin(s)
and appurtenances on, 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 (Drainage Easement Sheets)". Said easement is known as "McKellips Road (Loop 101 Pima
Freeway to Alma School Road) — Drainage Easement" and includes seven (7) parcels variable in
shape and dimension located in Section 5 and 6, Township 1 North, Range 5 East, of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona and contains 10,348 acres total, more or less. Said
easement being portions of Tribal Land (T) and more precisely described in Exhibit "A" attached hereto
and made a part of this Grant of Right-of-Way Easement
Page 1
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 UTIUTY 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, which may Include but are limited to 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 utility corridor, 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 CFF1 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,
6. 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.
Page 2
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, and reclaim the land;
(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
landowner's use of the land is not inconsistent with the right-of-way;
(xii) Comply with any due diligence requirements.
(x110 Notify the BIA, and the tribe for tribal land, if it files for bankruptcy or is placed in
receivership.
Page 3
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 CFR 169.204 - 169.206.
11. ASSIGNMENT. (25 CFR 169.207) This grant may be assigned without applicable owner consent
and B1A 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 (LTFi0).
12. MORTGAGE. (25 CFR 169.210) This grant may not be mortgaged without applicable owner
consent and BIA approval and upon receipt of applicable consents Grantee shall within 30 days, submit
a copy of the mortgage and supporting documents to the Community 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 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 th,:t34 applicable delegation of authority), is granting and executing
this grant of easement on this day of /7742Y"--X
, 20 -2O
IN WITNESS WHEREOF, Grantor has executed this grant of easement this c..*7-7 - day
of /&e-e-A
, 20
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 '2 „cD
day of
, 20 -2-
, personally appeared e_k_ C.11
. 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
EXISTING ADOT —
(\ I:0AD & UTILITY
EASEMENT
ORAL 11110
ALT. 111
PIMA ROAD
ON. #1
7,1
Mg.57.12,
SRAL 11111
ALT. 111
ORAL 69311
EXISTING BUY WIDE —
ALT. 693-B ROAD ONLY EASEMENT
PROPOSED ROAD &
UTILITY EASEMENT
McKELLIPS ROAD
AOOT MCDOT
PROPOSED ROAD &
UTILITY EASEMENT
W 1116 GDR.
SECT.617. T1N-RSC
SRAL 69310
toro
ALT. 693 -A
LEGEND
MONAI
SW CUR.
SECT. 6, T1N-R5E
FD. ADOT BC IN HR
IMA ROAD (a lign
7- MON.
NR9 §
SFtAL 11010
ALT. 110
—J
McKELLIPST ROAD
ORAL 69310
69310
ALT. 693 -A
OR NU
110:
EXISTING ADOT
ROADS UTILITY
EASEMENT
KENNETH W. GREEN STATES. ES A REGISTERED LAND
SURVEYOR IN THE STATE OF ARIZONA AND HAS HAD PREPARED
(UNDER HIS SUPERVISION) THE RIGH1-01- -WAY DESCRIBED
AND SHOWN ON THIS MAP, AND THAT SAID RIGHT.OE.WAY
IS ACCURATELY REPRESENTED THEREON AND
IS BASED UPON M C T PROJECT SURVEY
DATA AND PROJECT CONSTRUCTION
PLANS
DESIGNED
RED
HECKE0 BY
DATE
09/11/1,
M1 °LIP,
„og
T1N.HEE
NW1I16
NW1/4 of Soot. 7
TIN-RSE
1111"" 1111
1FET NUMBER
1 of 9
or
.00P1 MO from zero north, :aro eastIng.
119.00
1319 SS'
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 114) OF SECTIONS. TOWNSHIP 1 NORTH,
RANGE 5 EAST, OF THE OILS 8, SALT RIVER BASE
MERIDIAN, MARICOPA COUNTY. ARIZONA AND
BEING ASSUMED AS N69.57.12-E.
CERTIFICATION
ERIEVERT-
.1 coordnater, woro domed ellredly ,nOirEsatly Pom NOS A or B order slalom.
The basis of Goan,. Ex propcl ASPCL
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Linear Una. Intomobonol Foal
VICINITY MAP
Revisions
DETAIL - 1
Scale: 1" = 60'
0 MONUMENT 07,10,20 NORTHWEST. SOUIPEIGT
BC BRASECAP
A, AILMENT
FRO EOLINO
SRA_ SNTRI.R.E0TMENT
REG RECO.
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MON. MORBEENT
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PLAN VIEW
CD
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I
EXISTING ADOT
ROAD & UTILITY
EASEMENT
SW1/4 of Sect. 6
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COR CORNER
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MK MORE
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— SEENITECENT SHEETMETAG
EA EASEMENT ACRES
DA GROSE ACRES
EA EASEMENT ACRES
E SF. EASEMENT SQUARE FEET
RUE ROAD AM) UTILITY EASEMENT
REGISIEREDIANDSURVEYOR
ICE TEMPORARY CONSTRUCTION EASEMENT
/GOT ARIZONA DEPARTMENT OF TRANSPORTATION
SRAM RNER PPAA•
PQM COMMUNITY
MCDOT MARICOPA COUNTY DEPARTMENT OE TRANSPORTAGON
BLA 6,1E. 0,401.0FAIRS
REMARKS
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NOTES
ca,
tIgna=uTimn,
Ono.
BASIS OF BEARING
ALT. 693-B
a>
Goo, ate sl
Is In
SRAL04810
ALT. 48
EXISTING ROM WIDE
I ROAD ONLY EASEMENT
McKELLIPS ROAD
EXIS71NG IRO' WIDE
ROAD & UTILITY EASEMENT
SRAL 04910
SRAL 05010
ALT. 49
ALT. 50
MON. K2
022
SRAL36210
ALT. 362 EXISTING 15.0' WIDE
ROAD & UTILITY EASEMENT
LEGEND
NW1/4 of Sect. 7
TIN-R5E
ORAL 04910
ORAL 05010
ALT. 49
ALT. 50
BASIS OF BEARING
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 1141 OF SECTION 6. TOWNSHIP 1 NORTH,
RANGES EAST, OF THE GILA & SALT RIVER BASE
& MERIDIAN, MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS N89 157. 121E.
CERTIFICATION
' tlITMTVW1A1'771nE"ATT TI2 'A7L1?0ANRATITIIRA'S% \DTREPARED
(4"17'1:1(ML UO'NEMnIPT, HANIFOT;;T0S6AINIVOHEL=
15 ACCURATELY REPRESENTED HEREON AND
IS BASED UPON NI C 0_0 T PROACT SURVEY
OATS AND 7601161 CONSTRUCTION
RUINS
MB NUMMI,
11034
DESIGNED OT
>AWN IL
RES
CHECKED EV
04/1
SHEET LANCE
2 of 9
NOVSLOOLE
rAtIN
CN
NE1/4 of Sect. 7
71N-R5E
VICINITY MAP
RovIslon
0 MONUMENT WC SE, etc NORTHNEST, SOUTHEAST
BC CRASS CAE
Alt ALLOTMENT
ENO FOUND
SRAL SELL KVER ALLOTMENT
REC RECORD
NES AMINO ME or 5LT
MON MONUMENT
TP00 POINT OF SECINNIES
COR CORNER
iya
PARCEL
T 1 OVVESHE
. NANONOLE
R RANCE
NOM NOT A PART OF
SECT SECTION
IAL MORE OR LESS
SY
SQUARE fat
— SEEM/HUNT SHEET/DETAIL
EA EASEMENT ACRES
GA GROSS ACRES
E EASEMENT ACK.
ESA EASEMENT SQUARE FEEL
RALE ROAD AND IliCITY EASEMENT
RL5 REGISTERED LAND SURVEYOR
TOE TEMPORARY CONSTRUCTION EASEMENT
KKK ARIZONA DEPAPKIENT OF TFMNSPORLAILON
SRPMIC SALL RIVE... MPRICOPE NOMA COMMUNITY
HCOOT KAMM, COON, DEPARTMENT CECUNSPORTATION
MIRE/ALOE INDIAN A4fAIRS
DETAIL -2
Scale: 1" = 60'
PLAN VIEW
SW1/4 of Soot. 6
SE1/4 of Sect. 6
TIN-ROE
SEC7nil'a
TIN-R5E
88,613BNI,
C 874 =o n
REMARKS
Sec. 6, T1N. /155
04910 1 Sec 7, 77N, RSE
0 .000
48 I 04810 I Sec 6, TIN, ROE
0.000
50 I 05010 1 SPE 7,119,966
0.000
NOTES
SCA214EET
SRAL36210
SRAL04810
ALT. 362
ALT. 48
McKELLIPS I ROAD
MONO?
SOUTH 114 COO.
560.05'
SECT. 6, TON-ROE
FD. ADOT BC IN HH
[
PROPOSED ROAD &
UTILITY EASEMENT
ORAL 45810
EXISTING 15.0' WIDE
ALT. 458 ROAD & UTILITY EASEMENT
EXISTING TE D' WIDE
ROAD & UTILITY EASEMENT
SEAL 45510
ALT. 455
r
PROPOSED ROAD &
UTILITY EASEMENT
ORAL 42911
ALT. 429
SEAL 67320
ALT. 673
EXISTING 8
SRAL 45910
ROAD ONLY EASEMENT
ALT. 459
N89.57,14T
McKELL IPS ROAD
PROPOSED ROAD &
UTILITY EASEMENT
SEAL 45610
ALT. 456
:P5g
VICINITY MAP
Revisions
LEGEND
EI MONUMENT
NW, SE,. NORNWEST SOUTHEAST
RC BRAS..
ALLOVENT
AND FOUND
SRAt SACIR1.11ALIONENI
REC RECORD
NFS
Flelor SET
MON MONUMENT
TP00 PONT OF BECHRINC
COR CORNER
PAR PARCEL
IONINSNIe
NANBROLE
R RANCE
NAP ROT APAR) OF
SFOt SCOTION
MORE OR LESS
S F SQUAREFEET
— — SCE ADJACENT SREETIDETAIL
EA EASEMENT ACRES
On ORO. ACRES
E EA...NAACP.
ES EASEMENT SQUARE FEET
AJUE RONL ARE UELITY EASEMENT
RLS REGISTERED,. SURVEYOR
TCE TEMPORARY CONSTRUCT. EASEMENT
ADOT ARVONA DEPARTMENT OF TRANSPORT..
SALIIRMEROPAP,MARICOPAINOtANCOMM.I.
NOWT AMOCO. COUNTY DEPARIMENt TRANSPORT.ON
BA BUREAU OL MAN AEEANS
NOTES
BASIS OF BEARING
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTIONS. TOWNSHIP 1 NORTH,
RANGE 5 EAST, OF THE GILA & SALT RIVER BASE
& MERIDIAN, MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS N89.5712-E.
CERTIFICATION
KENNEL H W. GREEN STATES HE IS A REGISTERED lAND
SURVEYOR IN THE STATE OF ARIZONA AND HAS HAD PREPARED
{UNDER HIS SUPERVISION) THE RIGHT.OF .WAY DESCRIBED
AND SHOWN ON THIS N1AP, AND THAT SAID RIGHT-OHWAY
IS ACCURATELY REPRESENTED THEREON AND
IS BASED UPON NI.C.0.0.7 PROJECT SURVEY
DATA AND PROJECT CONSTRUCTION
PLANS.
CU
CU
`L?
JOB NUMBER
770342
DESIGNED BY
DRAWN BY
RES
DATE
04/11/1S
SHEET NUMBER
3 of 9
DETAIL - 3
Scale: 1" = 60'
NE1/4 of Sect. 7
TIN-R5E
SE1/4 of Sect. 6
TIN-ROE
110110011 010.15
rot: FT.;
County, AtISOr.
Sec. 6, T111 R55
o.129.2
OT000
R5
45910 Sec. 6, T1N, R55
456 I 45610 I Sec 1.515, R51
DOM
SCALE IN FEET
PLAN VIEW
SE—"
SECT B. TINE
589.57UVW ABATE
—1—
SPEM571.V say rz' -1
SEAL 45810
H SEAL 45910
ALT. 458
ALT. 459
8
..,
E 1/18 CON
TFlWDG
_—
66 f dr-
SRAL 67320 I
ALT. 673
McKELLIPS ROAD
re'
...
SEAL 45510
SEAL 45610
ALT. 455
ALT. 456
NW, WE 561 BY
—j—
Ine.5518T ass Iz'
SECT 7, *EA\
$61.5
8000$ $DATE$
'11012
L Io IN
1$:
5
SEE SHEET 3
5004 VIEW,
00"
SE. SHEET S
g
DRAINAGE
EASEMENT SHEETS
MCKELLIPS ROAD
LOOP (Si PIMA FREEWAY TO ALMA SCHOOL ROAD
PROJECT NO. T10342
MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION
REAL ESTATE DEPARTMENT
SNI2EVSEIO SISVEI
avo
Sd1113NolAl
A r-
‘77:\":N.'
.S.),
DOBSON ROAD
1:00 .20 0.VE 1,770
,10„
.178 rm..
I
k,0,094,
3c8
8r'
1 . 1621T
TRIBAL
SEW
N00 .01,
DII
70.0,588.
TRIBAL
(Lot 08)
TRIBAL
SSW
DOBSON ROAD
SEE SEES,
16001(1508
Z
;I;
EXISTING 80.0' WIDE—
ROAD ONLY EASEMENT
5-00 MT NOV
TRIBAL
LOT 08
SRAL 67320
ALT. 673
.40 Dir
77
DRAINAGE
PAR 1
DOBSON ROAD
SRAL 57610
ALT. 576 -A
304 kV
1 .1./.44.4, /
No.'4;24,
30,4r
rsgreOlv
DRAINAGE
PAR 2
EXISTING so.o. WIDE ---
TRIBAL
ROAD ONLY EASEMENT
STOW
S.1,71Z,
Ate
110 LINE
S89,38,ST
4 ,
,,,,,
2 -z,;,,,,,,,,,,,,,,,,,,,,, ',-
,,,„,,,,,,,,,,,,,,,,,,,,,,,,,
0,20,911, Z. II 7'
c)
Cl)
93U9
THOMAS
1111111 111
Ep•rmidiu.:
1111111a1
LEGEND
MONAMEN NA SE, Lic NORT0E5T,506THE.i
BC BRE. CAP
ALLOTMENT
NE1/4 0120817
TIN-ROE
SE1/4 of Sect 6
TIN-R5E
649 %.10.21 .15,
7.1-0
337.171
DOBSON ROAD
=Ain
SE COR.
SECT, 6, T1N-R5E
ED, ADOT BC IN HH
NWI/4 of Sect 8
7-1N-R5E
MTN.°
DETAIL - A
Scala: 1". 60'
SRAL 67320
ALT. 673
c,_"",°•:, FEET 4°'1
SRAL 57610
ALT. 576 -A
1720 85,
SCOLCODENV
SPEr19,711,
"gf.7
::,koggc
,
A
OW
SW1/4 of Sect. 5
TIN-ROE
TRIBAL
OS SW
TRIBAL
LOT 08
(PLA
=CD
RIA rsrcel
=n,
Arizona
VICINITY MAP
RovIslons
IND EOSIN,
DEAL SALT RDERALLOMENI
.0 RECORD
RFS NONINC ERDAL SET
MON MOW..
TPLA POINT OF BEGAN.
CON CORNER
PAR PARCEL
I TOO.
NALONOLE
R REALE
N. NOT APART OE
SLC1 SECTION
ILLE MORE OR LESS
5.F SCIOARE FEET
SEE.ACENt SIMENDETAL
E.A EASEMENT .RES
E DOEMENT ACRES
E OLSEN.. SONARS FEET
RIDE RO. AND LIBLITE EASEMENT
RCS RELICT...NO SURVEYOR
TERPORE. CONSIROCI eASEMEN1
ADOT ARIZONA DEPARTMENT OF TRANSPORTATION
SPERO SALT RDER PIMA RAMC°. NOM COMMON -,
MCOOI PERNICOPO, COUNTY OEPARTMENT DEFILER:AORTAE:OH
RA EIRE. OF AM. .FAIR5
NOTES
BASIS OF BEARING
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 114) OF SECTIONS. TOWNSHIP 1 NORTH,
RANGES EAST, OF THE GILA & SALT RIVER BASE
& MERIDIAN, MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS N8911712 .E.
CERTIFICATION
KENNETH W. GREEN STATES HE IS A REGISTERED lAND
SURVEYOR IN TME STATE OF ARIZONA AND H. HAD PREPARED
(UNDER NG SUPERVISION) THE RIGKI-OF -WAY DESCRIBED
AND SHOWN ON DOS DIA1 SAM RIG I IGOE-WAY
IS ACCURATE, REPRESENEED THEREON AND
15 BASED UPON IN.C.D.0 PROJECT SURVEY
DATA ANO PROJECt CONSTRUCTION
PLANE
OW
Li
uL`g,
NUMBER
710.2
DESIGNED BY
DRAWN Bv
HEN
CHECKED BY
DATE
04/11/19
GHENT NUMBER
5 of 9
IT1
SEE SHEET S
(PLAN VIEW,
SEE SHEET
(PLAN NEW)
111V3O JO SISVO
STILES
$TIMES
MCKELLIPS ROAD
MARICOPA COUNTY
DRAINAGE
LOOP 101 PIMA FREEWAY TO ALMA SCHOOL ROAD
DEPARTMENT OF TRANSPORTATION
EASEMENT SHEETS
PROJECT NO. 110342
REAL ESTATE DEPARTMENT
SEE SHEET 6
(PLAN VIEW)
A
§ 2 2
ILE
EIWES SOATES
SD
DRAINAGE
EASEMENT SHEETS
MCKELLIPS ROAD
LOOP 101 PIMA FREEWAY TO ALMA SCHOOL ROAD
PROJECT NO. TT0342
MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION
REAL ESTATE DEPARTMENT
SW1/4 of Sect. 5
T1N-R5E
SEIM of Sect. 5
T1N-R5E
Scale: 1". 60'
PLAN VIE
400 .
SCALE IN ELT
BIA
=1%
REMARKS
McKELLIPS ROAD
SOD 5,11 , ROE
Sec. 5, TIN, RSE
159,363
3.658
0 040
NE1/4 of Sect. 8
TIN-ROE
rf49,4,
tor;
65
rp,e4
6
r (
,
01,
/
7
,/
7'7'44
01,9
/
5E114 of Sect 5
T1N-R5E
DETAIL 8B
not to scale
DRAINAGE
PAR 7
N411,711,
N,0279 .1,V
PROPOSED ROAD
UTILITY EASEMENT
fir) TIE LINE'
',/—'SSIf90„9T
..,,_/
.. ..,,,,,,d , „
, ,./.: /,,,,,,,,,,,,,,,,,v//////,,,,,//77,,,,,,,L.,(/// U p
/ 7/ ..;;E:,/;..;;/;,,, ,,, , ,,,,,,,,, ,, ,,/////,,,,,,,,,,,z.,/,,, ,,,, ,,,,, /M77,,R,
7/7/7/;7=7//,,,,z.z7z,,,, ,,,,, ,,,,,,,,,,,,,,,,,/./7/1///tO
7/7/
"-/ 4;1,1,
,, , ,
,/,; ,,,22,,,,/z.i//,,iiiiii27/7/7/7/7 / // / / /// // / / / 4 / /,-
/ / / // /./ / / / //// /7 / / // / / / / / / / / / 7 7/7/7//////// 4 gr, DRAIN
EXISTING 80.0' WIDE—
ROAD ONLY EASEMENT
/
rf08,14
DRAINAGE
101 7;8
PAR 5
DRAINAGE
PAR 6
DETAIL -8
LEGAL DESCRIPTION - DRAINAGE EASEMENT 5
Salt
Kvor IWina
KWan Conwuruly and Ism. pal al SoW5 Hall 1/2) of Section 5, ',Own., 1 No, Rango
Eaul ol tho Gla and Sall River Bow and
Mancopa County, ArKona, and Wing room parilcolaly dow/Do0 oL
loitovis
- 1?It'N'C'E'50CTIOToAirl'22rho'='1174'4.roraItVg=71111gsg4t7ol'.., 5 KoWnw of 35W 3 ,
THENCE departing wid Sou. fine No. 005021 .0. Wow Do, pumentlicular to Eaid South Eno, tor a a Islanco of 067.3D
''IltE'E'IOZVT2T'Or2VEZ,' I'ont1=AS.00 loot lo TRUE POINT OP SEGINNIN,
1HkNCE. Noah 21 .0279. Wool. for a Wotan. 50.00 loot.
THENCE No. 6105T3C Eau, for a 51531anco of 430.00 fool to True Point of Beginning.
so.a PARCEL 5 contain, 25,80a sc,re (.1 or 0.007.3 avos ane bong .0.00
Cwe00e5 ...WO or
LEGAL DESCRIPTION • DRAINAGE EASEMENT 6
A PARCEL, being a DRAINAGE
II 038
a
01
5415
000
,,
1
P0A, lot E5I..0501:1=1AcKe
,a1)5{0 I1,0,c1,43,50 TKry,to„5
An:ono...3°111,10ra earOcuDny dosonbad o
- 1-7r5.1.!E=IltotAulTfirntolrh[T221KMP('S'IP=Ifog:15 C5ro%1V5/rtr51! I or a Molar.* ol 3908.28
loot:
THENCE departing oold South lino No. 00-02. 19. Wow toalng porpondleclar vaId So. lino, lor Watonco of 1080.30
IVE'51,A=1=0 .274151,1onK,r1=o115.00 Wel to Ow TRUC POINT OF BEGINNING;
THENCE South 31 . 02'20' Eaat, /or a chulanou ot 80.00 Wu,
THENCE Nor1550,71, Eaat, for a O Istancb or 41,0D root;
THENCE North 21,1279 . Was, tor a Wan. 080.0010ot
THENCE South 60 .57.31 . V5e51.1or dialanca of 110.00 Dot to Mu True Poin1o1 Beginning.
S. PARCEL contawng 32800 square foot or 0.7530 claw ancl bong 515.00 km , . KW. OE...OE...0 or
taEs•
LEGAL DESCRIPTION - DRAINAGE EASEMENT 7
A PARCEL. botng a DRAINAGE EASEMENT and Ooino PARCEL 7 aiono trIENolEpc Road and cu.. aCrOos Salt
ElNor Pcna - ManCapill InOlan COnynundy and bomg part of Ino Soutn HO ISIIOIAR,00100100000ipl North, Han
Post or. ca. and Salt limo Ela.
Mancopa Coon, Anzono, and boing more aorticu
COMMENCING at an ADOT braLs cap 5., hananolo lor Ina Soulhwasl Corner...Id Soclion 5
THENCE along the Sougl ol the South nog (S ol Section 5 North 80 .5701 . Ea. tor a Malan. ol HQ
loot lo tho calcutalocl Soutn Dealer corner of said Soclion
THENCE alo, NOrlh-Seuth rnidOeCtIOn lino a awd S.,. Norlt, 00 . 10.05. East. for Watance of ND 00 tow,
THENCE doportIng nold roWeemon lino Soulh figKK555. Eout, for a Watonco of 90.68 loot to lho TUE POINT OF
BEOINNINO;
THENCE Na. 00. 1D4, East, for a actance of 09.22 foot
THENCE Sou. BR, KW East, for a ...co 55.15
TIIENCE Nor. 55D5C3C Eaw for a Kolanoo of 350.00 Wel,
THENCE Soul/16,117r Ea. tor u diolanw of 100.56 loot;
THENCE No.58.573, E.. for a ['Mance 125.00 loot,
THENCE No,. 25.5IDOD Easl, lor Wolance of 102.5010W
THENCE Nolh 68,731 . Easl. for a 5,51WICO of 310.00 loot;
THENCE Nor. 83.537,K East. for a dIstanco of WM loot;
THENCE South 21 .073g. Ea. lor &slam° of 50.00 fool;
THENCE Sou. 68 . 5731 . West, Kr Ms.. of 5.00 leo,
THENCE South 23,771 . Was, !or a distance of 35.36 loot;
THENCE South 00 .5731 . Wool, lor chWance or 005.00 fool;
THENCE Nor151113,20. VVoul.lor diatanco ot 5.00 Kw;
THENCE Sou0,60. 57.31 . Wost, Ior tlintanco of 24002 fool;
THENCE Nolh 55.0220. Wosl, lor a KICK.° of 42.73 toot to Kw True Po. of BegInnIng.
Said PARCEL 7 contaming 102,20 Equate toot 003515 oCro5 an(lbema 1007,9 (Wm long. (ovum°. sidanoa) or
0.1,08 mi. more or lac,
4001.01
NORIMEST SOCTEEAS
BC 01.4.5 CAP
ALL &EON.
AND FOUND
SR', Ski RIVER ALLOTMENT
REC RECORD
NES NOTENG or SFr
MOP MONUMENT
TP011 PONT Or BEGINNING
COR CORNER
PAR PARCEE
T TOWNSEHP
Et11 IIVICEIOLE
R I.NOC
NAP NOT APART OF
SECT SECTION
44. MORE OR LESS
SOUAREFEET
SEMJACENT SHEETIOETAIL
E.A EASEMENT ACRES
G.A. ...ACRES
E EASEMENT ACRES
C SF. EASEMENT SQUARE FEL!
MI, ROAD ANDUlltirf EASEMENT
RES REGISTERED LAND SURVEYOR
TOE TEMPORARECONSTRUCTION EASEMENT
ANT PRIZOMOEPARIMENT OE TRANSPORTAPON
SUMO SALT RIVER P0A,MAIIICOCA NOM COMMUNE,
MCDOT IMMO, LOW, DEYPRIMEN1 OFMAXSPORTATION
BIA BUREAU°, INDIAN ',FARS
NOTES
BASIS OF BEARING
THE SOUTH LINE OF THE SOUTHWEST QUARTER
(SW 1/4/ OF SECTIONS TOWNSHIP 1 NORTH,
RANGES EAST, OF HE GILA & SALT RIVER BASE
a MERIDIAN. MARICOPA COUNTY, ARIZONA AND
BEING ASSUMED AS NB9L5P1rE.
CERTIFICATION
KENNETH W. GREEN STATES HE IS A REGISTERED LAND
SURVEYOR IN THE STATE OF ARIZONA AND HAS HAD PREPARED
/UNDER HIS SUPERVISION) THE RIGHT-OF WAY DESCRIBED
AND SHOWN ON THIS NIAD, AND THAT SAID RICHT-Or-WAY
IS ACCURATELY REPRESENTED THEREON AND
IS BASED UPON M EDO T. PROJECT SURVEY
DATA AND PROJECT CONSTRUCTION
PLANS.
,,,,,,,,, ,, ,,,,,/,,,,,,,,,,,, ,, ,,, ,,, ,,,,,,,,,,,,,,,,,77,2.5.,E, 0
- / 7/ 7/ // / / // /./.,//////"/////// / /,"/ ///////,-.C..(/ / /15..,,
vt'"'""'
,
/../..,..././...77/7/7//,, ,,,,,,,,./..././////////y-4(././... ,
'';///z/z/z,./././<, 00;;;;;;;;;;;„„,
.. /.../..,-//,,,,,,./././../...././77/7/7/7/7///z., ,,,,,,7////
./......7.,/,././.././z/z/7////////////./., , ,,,, ,,,,,,,,,,,,,,,
'-----
%
%%
;;;;;;;;;;;;;;;;;;;;;› -.5„
r,„„„„„„„7/77/7„„„7„„7„,,,,,,,,,„„„„
,/,,,,,/z.////////.,„„/",/,„/„/„,„
N550 .5,7, VS 011///////////,////// .
////
///////////
/'/"/ ' / '7/7P ''''''///// =;000=;=;;;;O;;=/ 0 /
•:</:>. '''.-''''''Z''1.:,
.; .''.,';; /;<.; >7// '
:
;
,:
;
;
.= ,=.0///////.
.,./..47,r,/4/ 4,...e..... / / /
/./ /
,
//..////
//
/ / , / / / / / / / /
/ /
/ "
../J.1/
/
SOO'S/UM j
PROPOSED ROAD 8—
UTILITY EASEMENT
McKELLIPS ROAD SEE DETAIL 08
WA ARE'
130
777;7;7;7;7;7;7;;;'7)
7n;•;;;;;;;;;00;;;;;;;;;;;;;;o;',/;,4
07/7/77/4///////////////,/.////,,/,,,,,/,,,,i7.,,, 2",":
N40,51,
91000'
Revisions
JOB NUMBER
TT0342
DESIGNED BY
OltAWN
RES
CHECKED BY
CATE
09/11/19
SHEET NUMB
8 of 9
1:
PROPOSED ROAD &
UTILITY EASEMENT
4I75),4
(5.5),, 47;eso
EXISTING 150 WIDE
ROAD & UTILITY EASEMENT
skit
*14 7: :41:70
7)i7444
t
EXISTING Imo WIDE • SO
ROAD ONLY EASEMENT
SAM,. I
FE-.
TRIBAL Sec 5, TIN, RSE
Sec S. TIN, R5
TRIBAL 54/. 5. TIN. R5E 1 TI 0.000
McKELLIPS ROAD
/
PROPOSED ROAD &
UTILITY EASEMENT
-
EXISTING ISO WIDE
ROAD & UTILITY EASEMENT
DETAIL - 9
Scale: 1" s60'
SE1/4 of Sect. 5
T1N-R5E
Too
SCALE IN FEET
McKELLIPS
-----
TRIBAL
(LOT 22)
MEANDER LINE OF THE
RIGHT BANK OF THE
SALT RIVER
SW1/4 of Sect 4
TIN-R5E
BIA pgreel
0 ODE
=ElTNTIEE' SVAT M3170AN RATITrAnZIREPARED 1
51"
(UNDER FESSUPERVISIONI THE RIGHT-OF -WAY DESCRIBED DESIGNED BY
rA'Ct1=ZSZEOIHNE'CIN'AgD'''' AY
IS BASE D UPON NI.H.D_O T. PROJECT SURVEY
DATA AND PROJECT CONSTRUCTION
PLANS
DATE
09/11,19
SHEE/ NUNIDE
9of9
DRAWN tlY
TEA
ClIhCKHO
Revisions
riGNIAS
111112MWM1111
RE-41=117ALM'
111.1181i11
,,c,,,,""
LEGEND
0 MONUMENT NW.SE,olc NORWHEST, sournEwsi
BC BRAS.,
ALT
ALLOTMENT
,ND FOUND
SRA,. SALT RIVER ALLOTMEN I
REC RECORD
NFS NO1111NO ENO at SET
MON MONUMENT
TPOB POINI Of BL GINNING
COR CORNER
PAR PARCEL
I TOWNSHIP
MANDROLE
R RANGE
NAP NOT A PAM OF
SECT SEC,ON
MORE OR LESS
S F
SEE AO.CENT SMEEIlDETALL
A ,ASIKN1 ACRES
GA GROSS ACRES
E EgaMLNI ACRES
S F CASEMENT SQUARE FEET
ROUE ROAD AN.littl, .SEM,N1
. REGISTERED SURVEYOR
TOE TEMPORARY CONST.C1,ON EASEMENI
ADM ARIZONA DEPPRIMENI OF TRANSPORTAT,ON
SRPMIC SALT RIVER PI.• MANGO, NM. COMMUNITY
MCOOT MPRICOVA COUNTY DEPARTMENT, TRANSPORTATION
HURbAll 0, INDIAN A,FAMS
NOTES:
BASIS OF BEARING
THE SOUTH LINE OF (HE SOUTHWEST QUARTER
(SW I/4) OF SECTION E. TOWNSHIP (NORTH.
RANGE YEAST. OF THE GILA B. SALT RIVER BASE
14 MERIDIAN. MARIGOPA COUNTY. ARIZONA AND
BEING ASSUMED AS 1409"57)12^E.
CERTIFICATION
VICINITY MAP
SALT RIVER PIMA-MARICOPA
INDIAN COMMUNITY
10005 Fast 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(0(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
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 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 SRPMIC 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 he 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 if the 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:
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.) "MCK.E.TLIPS 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.) -MCKELLIPS ROAD LOOP 101 PIMA FREEWAY TO ALMA
SCHOOL ROAD PROJECT NO. IT0342 (DRAINAGE EASEMENT
SHEETS)" and includes seven (7) parcels variable in shape and dimension
and contains 10.348 acres, more or less.
5.) "IvICKELLIPS ROAD LOOP 101 PIMA FREEWAY TO ALMA
SCHOOL ROAD PROJECT NO. TT0342 (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 rivhts-of-
way easements was appraised in the amount of EIGHT MILLION, FIVE
HUNDRED THIRTEEN THOUSAND, ONE HUNDRED TWENTY-UGH'!'
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 WA Tract Numbers 48, 49, 50, I I I, 362.
429, 455, 456, 438, 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 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 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 tbr the rights-of-
way easements and held a public hearing on the 9th day of December 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)( I )43), 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 SRPMIC hereby agrees to compensate the landowners
in the total amount 01 EIGHT MILLION, FIVE HUNDRED THIRTEEN THOUSAND, ONE
HUNDRED TWENTY-EIGHT DOLLARS AND TWENTY-TWO CENTS ($8,5133 28.22)
based upon each respective landowners' undivided interest in the albrementioned 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-or-Way, provided only that the exercise or 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 SRPMIC 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' 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
Madly{ Harvier, President
ATTEST:
-rica Harvier. Secretary
(Approved as to Form by the
(Ace of the General Counsel
Niccole L King
November 20, 2019
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