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Contract No. 23-LE-32-4371
Case No. 13-013
ORIGINAL Exempt per A.R.S. § 11-1134 A.3.
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
SALT RIVER PROJECT
CONTRACT AND GRANT OF EASEMENT
THIS CONTRACT AND GRANT OF EASEMENT, made this day of
; , pursuant to the Reclamation Act of June 17, 1902
(32 Stat. 388), the Reclamation Project Act of 1939 (53 Stat. 1187), and all acts amendatory
thereof or supplementary thereto, between the UNITED STATES OF AMERICA, hereinafter
referred to as “United States,” and Maricopa County, a political subdivision of the State of
Arizona, hereinafter referred to as “Grantor.”
WITNESSETH:
That the Salt River Project Agricultural Improvement and Power District (SRP), an agricultural
improvement district organized and existing under the laws of the State of Arizona, intends to
relocate a portion of a federal irrigation facility acquired for a project purpose to a piped
irrigation facility at a new location; and,
WHEREAS, the United States owns a real.property interest along the existing irrigation facility,
and Grantor owns the fee title to the real property onto which the irrigation facility will be
relocated; and,
WHEREAS, Grantor intends to grant to the United States and its assigns that certain real
property interest needed for the relocated facility, in exchange for the United States’ release of
that portion of its existing real property interest no longer needed for project purposes, and for
the purpose of benefitting future development of the real property; and,
WHEREAS, the United States will release its interest, if any, in and to the real property interest
no longer needed by Contract No. 23-LE-32-4369 to Maricopa County, a political subdivision
of the State of Arizona, and by Contract No. 23-LE-32-4370 to the State of Arizona, by and
through its Department of Transportation, and any and all other owners of record of the .
underlying fee title.
NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the
parties agree to the following grant and mutual covenants:
1. Grantor does hereby grant, with general warranty of title, unto the United States of America
. and its assigns a perpetual easement to construct, reconstruct, operate and maintain certain water
distribution system pipelines, as part of the Salt River Proj ect water distribution system, and such
structures, installations and facilities used in the construction, reconstruction, operation and
maintenance of said water distribution. system, across certain land situated in the County of
Maricopa;:State of Atizona, and more fully described in Exhibit “A” attached hereto and by this
referencé made part hereof.
2.. The grant of easement herein contained shall include the perpetual right of ingress and egress
over said premises to construct, reconstruct, operate, maintain, enlarge, improve, relocate,
remove, repair and renew said water distribution system, together with the present and future
right to clear said right-of-way to the extent deemed necessary by the United States to protect the
rights and privileges herein granted.
3.: The United States, its successors and assigns, may hold such easement forever for all
purposes consistent with the. water distribution feature.of Salt River Project, or any changes, or
additions or modifications that may hereafter be made therein, and the United States, its
successors and assigns, will have the:perpetual right to take and use materials, as well as all of
the rights:incident to such water distribution feature, or any changes, additions, or modifications
theréof over, upon or across said right-of-way described in Exhibit “A”.
4. The Grantor hereby ratifies and affirms the right of the United States, its permittees,
successors or assigns, to construct, reconstruct, operate, maintain, enlarge, improve, relocate,
remove, repair and renew, together with the right of access thereto for such purposes, at any time
and from time to time, a water conduit and related facilities, consisting of one or more canals,
pipelines,. laterals, markers, air valves, manholes, valves, meters, surge control devices, buried
communication, conduits, and all other fixtures, devices and appurtenances related thereto, and to
conduct all related activities in, on, under, and across the land described in Exhibit “A” under the
following conditions:
(a) The United States shall have the right to use the subject land for ingress and egress at
any time without prior notice, together with the right to usé existing or future roadways, lanes
and rights-of-way on Grantor's property adjacent thereto, as may be convenient and necessary for
the purposes of exercising the rights herein granted. The United States may, at any time, install.
and/or use gates in any fences which are now or may hereafter be constructed and to trim, cut
and clear away trees or brush whenever, in its judgment, the same shall be necessary for the
convenient and safe exercise of the rights hereby granted, on said lands described in Exhibit “A”,
or on such adjoining lands for the purpose of exercising the rights herein granted.
(b) The rights granted to, and exercised by, the United States shall be subject to all
existing structures, fencing, canals, ditches, pipelines, roadways, and rights-of-way, and all
future uses thereof, including but not limited to the right of the Grantor to use the lands within
said parcel for agricultural and other purposes that do not directly or indirectly interfere with or
endanger the exercise of the ri ghts of the United States; PROVIDED, HOWEVER, that the.
Grantor shall clear and ‘keep-clearthe Jands described in Exhibit “A”, from explosives, buildings
and structures of all kinds or facilities of a permanent nature which directly or indirectly interfere
or could interfere with the rights of the United States, and shall not drill any well, install
swimming pools, or alter ground level by cut or fill, within the limits of said rights-of-way and
the United States shall have the permanent right of exclusive use and possession within the
easement.
5. The grant of easement herein contained is subject to easements and rights-of-way existing or
of record in favor of the public or third parties, and subject to any outstanding interest in any and
all organic or inorganic substances in or under said land.
6. Grantor warrants that no person or agency has been employed or retained to solicit or secure
this grant upon.an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial agencies
maintained by the Grantor for the purpose of securing business.
7. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this grant or to any benefit that may arise herefrom, but this restriction shall not
be construed to extend to this grant if made with a corporation or company for its general benefit.
8. The provisions of this grant shall obligate and inure to the benefit of the respective heirs,
executors, administrators, successors, and assigns of the parties to this grant.
IN WITNESS WHEREOPF, the parties hereto have signed their names the day and year first
above written.
Maricopa County, a political subdivision of the State of
Arizona
By:
Title:
UNITED STATES OF AMERICA
By: Pe
Alexander B. Smith
Area Manager
Phoenix Area Office
Bureau of Reclamation
Contract No. 23-LE-32-4371
Case No. 13-013
ACKNOWLEDGMENT
State of Arizona )
) ss.
County of Maricopa )
On this / 4 Yh day of bepttnk 2 QAZ __, before me,
hv itole ( Duamen- Jierangs , a Notary Public in and for said County and State
personally appeared Blevanden & Sm Yr , Area Manager, Phoenix
Area Office, Bureau of Reclamation, Department of the Interior, UNITED STATES OF
AMERICA, known to me to be the person described in the foregoing instrument, and
acknowledged to me tha(hg)she executed the same on behalf of the United States in the capacity
therein stated and for the purpose therein contained.
NICOLE QUAMEN-TINOCO fi
Notary Public - arizona f
Maricopa County
Commission # 653614
My Comm. Expires Aug 13, 2027
Notary Public in and for
said County and State
Contract No. 23-LE-32-4371
Case No. 13-013
ACKNOWLEDGMENT
State of Arizona )
: ) ss.
County: of Maricopa)
On this day of. ; , before me,
, a Notary Public in and for said County and State,
personally appeared ; , on behalf of
Maricopa County, a political subdivision of the State of Arizona, known to me to be the
person described in the foregoing instrument, and acknowledged to me that he/she executed the
same in the capacity therein stated and for the purpose therein contained.
Notary Public in and for
said County and State
EXHIBIT “A”
DESCRIPTION OF REAL ESTATE IN MARICOPA COUNTY,
STATE OF ARIZONA
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION SIXTEEN (16),
TOWNSHIP ONE (1) NORTH, RANGE ONE (1) EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 16, BEING A 3 INCH BRASS CAP IN HAND
HOLE STAMPED “ARIZONA HIGHWAY DEPT, ELEV STA 19”, FROM WHICH THE NORTH QUARTER CORNER
OF SAID SECTION 16, BEING A 3 INCH BRASS CAP IN A HAND HOLE STAMPED “MARICOPA COUNTY
D.O.T, TIN RIE 1/4 S9 S16 2003 37174”, BEARS NORTH 89 DEGREES 55 MINUTES 25 SECONDS EAST, A
DISTANCE OF 2633.93 FEET;
THENCE ALONG THE NORTH LINE OF SAID SECTION 16, NORTH 89 DEGREES 55 MINUTES 25 SECONDS
EAST, A DISTANCE OF 84.25 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE, NORTH 89 DEGREES 5S MINUTES 25 SECONDS EAST, A DISTANCE OF 20.00 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00 DEGREES 04 MINUTES 35 SECONDS EAST, A DISTANCE OF
96.00 FEET TO THE EASTERLY LINE OF 99TH AVENUE DESCRIBED IN 20190701952, MARICOPA COUNTY
RECORDS;
THENCE ALONG SAID EASTERLY LINE THE FOLLOWING NINE (9) COURSES;
THENCE SOUTH 01 DEGREES 34 MINUTES 10 SECONDS WEST, A DISTANCE OF 21.71 FEET;
THENCE NORTH 89 DEGREES 58 MINUTES 27 SECONDS EAST, A DISTANCE OF 24.00 FEET;
THENCE SOUTH 00 DEGREES 50 MINUTES 28 SECONDS WEST, A DISTANCE OF 20.00 FEET;
THENCE NORTH 89 DEGREES 58 MINUTES 27 SECONDS WEST, A DISTANCE OF 26.00 FEET;
THENCE SOUTH 16 DEGREES 10 MINUTES 18 SECONDS WEST, A DISTANCE OF 37.82 FEET;
THENCE SOUTH 00 DEGREES 50 MINUTES 28 SECONDS WEST, A DISTANCE OF 283.85 FEET;
THENCE SOUTH 03 DEGREES 28 MINUTES 12 SECONDS WEST, A DISTANCE OF 139.08 FEET;
THENCE SOUTH 23 DEGREES 18 MINUTES 17 SECONDS WEST, A DISTANCE OF 104.81 FEET;
Page 1 of 2
THENCE SOUTH 01 DEGREES 04 MINUTES 03 SECONDS WEST, A DISTANCE OF 15.52 FEET;
THENCE LEAVING SAID EASTERLY LINE, NORTH 88 DEGREES 54 MINUTES 27 SECONDS WEST, A
DISTANCE OF 14.01 FEET;
THENCE NORTH 00 DEGREES 50 MINUTES 28 SECONDS EAST, A DISTANCE OF 33.79 FEET;
THENCE NORTH 23 DEGREES 18 MINUTES 17 SECONDS EAST, A DISTANCE OF 89.79 FEET;
THENCE NORTH 03 DEGREES 28 MINUTES 12 SECONDS EAST, A DISTANCE OF 135.12 FEET;
THENCE NORTH 00 DEGREES 50 MINUTES 28 SECONDS EAST, A DISTANCE OF 286.08 FEET;
THENCE NORTH 16 DEGREES 10 MINUTES 18 SECONDS EAST, A DISTANCE OF 44.89 FEET;
THENCE NORTH 01 DEGREES 33 MINUTES 02 SECONDS EAST, A DISTANCE OF 32.17 FEET;
THENCE NORTH OO DEGREES 04 MINUTES 35 SECONDS WEST, A DISTANCE OF 95,72 FEET TO SAID POINT
OF BEGINNING.
SAID PARCEL OF LAND CONTAINS AN AREA OF 0.34 ACRE(S), MORE OR LESS.
Page 2 of 2
EXHIBIT
NORTH
POC
NORTHWEST CORNER OF
SECTION 16,
TIN: RIE. G&SRM
BCHH
LVI: 02-03-2005
(BASIS OF BEARING)
MC85
N89°55'25"E 2633.93'
QUARTER CORNER OF
SECTION 16,
TIN, RIEy G&SRM
BCHH
LVI: 08/14/2008
oo ‘li OTL
: POB
” RIGHT OF WAY PER
. DOCUMENT 20190701952 NCR
FP dad eeesssssceeeeen WCBS
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8 :
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: LOWER BUCKEYE RD
: RIGHT OF WAY PER VICINITY MAP (2" =1 MILE)
DOCUMENT 20190701952 MCR TIN RIE
MATCH SHEET 2
%**& SEE SHEET 2 FOR LINE TABLE %**
SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
Ssxe2F) SURVEY DIVISION
LAND DEPARTMENT
SRP JOB NUMBER: 17-1511-GN {SCALE: NTS
AMP W/O NUMBER: 1000042090 |SHEET: 1 OF 3
AGENT: RAFF IELD SHEET SIZE: 8.5"x11”"
PROPOSED USA EASEMENT
MARICOPA COUNTY
DRAWNE“GRIERTREVISTONE “0”
CHECKED BY: DICKEY CREW CHIEF: N/A
DATE: 5/16/2022 FIELD DATE: N/A
NW 1/4. SEC. 16
T.1 NeeR.1 EL
MATCH SHEET 1
EXHIBIT
NORTH
K
— n
i —_l
; RIGHT OF WAY PER
' DOCUMENT 20190701952 MCR
Xo 1
rm fo
3S '
2 f
: N a — 20!
x > :
aS a
3B : - LINE TABLE
S 1 LINE BEARING DISTANCE
” : Li NB9°55'25"E 84,25'
: L2 N89°55/25°E 20.00’
: L3 $00° 04'35"E 96.00’
' L4 $01° 34/10" 21.7!
L5_| N89°58'27"E 24.00!
L6 $00°50'28"W 20.00’
Li NB9°58'27"W 26.00'
L8 $16°10'18"W 37.82!
L9 $00°50' 28 “W 283.85!
Lid | $03°28'12"W 139.08"
Li1 $237 18/17" W 104.81!
Li2 | $01°04'03"W 15.52!
L13_ | N88°54'27"W 14.01’
L14_ | N00°50'28"E 33.79!
- Li5 | N23°18'17"E 89.79!
aa Li6 | NO3°28'12"E 135.12"
Li? | Noo?50'28"E 286.08'
Li3 Li8 | N16°10'18°E 44.89'
WEST QUARTER CORNER OF 233702" 17!
XL TINe RIE, G&SRM :
“4 BCF
LVI: 11-16-2015
SALT RIVER PROJECT C3822 SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
“|SRP JOB NUMBER: 17-1511-GN
CORY” LAND DEPARTMENT
SCALE: NTS
AMP W170 NUMBER: 1000042090
AGENT: RAFF JELD
SHEET SIZE: 8.5"x11"
“ADRES
“TREVISTONS “O07 =
CHECKED BY: DICKEY
CREW CHIEF: N/A
DATE: 5/16/2022
FIELD DATE: N/A
SHEET: 2 OF 3 PROPOSED USA EASEMENT —
W174. SEC.16
T.1 NeoRe1 Ee
EXHIBIT
SCHEDULE B ITEMS SHOWN PER COMMITMENT FOR TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE
INSURANCE COMPANY FILE NO. 916255
SCHEOULE 8 ITEM 12 BLANKET IN NATURE AND ARE NOT SHOWN.
SCHEDULE B ITEMS 10, AND 11 ARE SHOWN HEREON.
SCHEDULE B ITEM 13 AFFECTS THE SUBJECT PROPERTY BUT CANNOT BE PLOTTED.
A PLAT RECORDED IN BOOK 1, PAGE 46 OF ROAD MAPS AND A PLAT RECORDED IN BOOK 2, PAGE 14 OF ROAD
MAPS, PURPORTING TO SHOW A COUNTY ROADWAY.
RESOLUTION OF ESTABLISHMENT AS A STATE HIGHWAY RECORDED MAY 5, 1982 AS DOCKET 16003, PAGE 930.
THEREAFTER THE INTEREST OF THE STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION WAS SET OVER TO
MARICOPA COUNTY BY RESOLUTION RECORDED JULY 26, 1991 AS 1991-346573 OF OFFICIAL RECORDS AND
RE-RECORDED FEBRUARY 3, 2000 AS 2000-0084976 OF OFFICIAL RECORDS AND RE-RECORDED MARCH 15, 2000 AS
2000-195133 OF OFFICIAL RECORDS.
MARICOPA COUNTY ROAD DECLARATION RECORDED OCTOBER 4, 2012 AS 2012-0903013 OF OFFICIAL RECORDS AND
MAP RECORDED JANUARY 3, 2013, AS 20130005132 OF OFFICIAL RECORDS.
RIGHT OF ENTRY IN CONNECTION WITH THE MINERAL ESTATE AND ADDITIONAL CONDITIONS SET FORTH IN
EXHIBIT B THEREIN ALL AS RESERVED IN THE PATENT FROM THE STATE OF ARIZONA RECORDED MARCH 12, 2010
AS 20100209110 OF OFFICIAL RECORDS.
AFFECTS NORTH 33 FEET OF SECTION 16.
42. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED “WAIVER OF CLAIMS FOR DIMINUTION
IN VALUE OF PROPERTY UNDER PROPOSITION 207” RECORDED NOVEMBER 7, 2013 AS INSTRUMENT NO.
20130969782 OF OFFICIAL RECORDS.
13. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED “INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND CITY OF PHOENIX FOR IMPROVEMENTS TO MC85 (BUCKEYE: ROAD)” RECORDED
APRIL 13. 2016 AS INSTRUMENT NO. 20160243432 OF OFFICIAL RECORDS.
SALT RIVER PROJECT CSN2E
AGRICULTURAL IMPROVEMENT & POWER DISTRICT SMP a aR DEO ANTNENY
SRP_JOB NUMBER: 17-1511-GN _[SCALE: NTS —
AMP W/O NUMBER: 1000042090 [SHEET: 3 OF 3 PROPOSED USA EASEMENT
AGENT: RAFFIELD SHEET SIZE: 8.5°x11"
CHECKED BY: DICKEY CREW CHIEF: N/A Tad NeeRel Es
DATEs 5/16/2022 FIELD DATE: N/A