Ordinance No. 4953

City of Chandler — Regular Meeting (2021-01-28)

Extracted text (via ocr_local) 17548 characters

ORDINANCE NO. 4953

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, GRANTING AN IRRIGATION EASEMENT TO SALT RIVER
PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT
(“SRP”) WITHIN A PORTION OF THE WEST SIDE OF ARIZONA AVENUE
AT QUEEN CREEK ROAD, AT NO COST, TO FORMALIZE AN EXISTING
UNITED STATES GOVERNMENT UNDEFINED IRRIGATION EASEMENT
AT THIS LOCATION.

WHEREAS, The United States of American has an irrigation easement of undefined width along
the west side of Arizona Avenue north of Queen Creek Road; and

WHEREAS, the United States of America, through its Agent, Salt River Project Agricultural
Improvement and Power District (“SRP”) has requested that the City of Chandler grant SRP an
irrigation easement to define the size of the existing easement; and

WHEREAS, the easement is being granted at no cost to SRP in order to clear up the question of its
width.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona,
as follows:

Section 1. That the City Council of the City of Chandler, Arizona, authorizes and approves the
granting of an Irrigation Easement to Salt River Project Agricultural Improvement
and Power District, at no cost, on that certain property legally described and
depicted in the attached Exhibit “A”.

Section 2. That the granting of said Irrigation Easement shall be in substantially the form
attached as Exhibit “B”.

Section 3. That the Mayor of the City of Chandler, Arizona, is hereby authorized to execute
the easement and this Ordinance on behalf of the City.

INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler,
Arizona, this day of 2021.

ATTEST:

CITY CLERK MAYOR

Ordinance 4953

Page 2
PASSED AND ADOPTED by the Mayor and City Council of the City of Chandler, Arizona, this
day of , 2021.
ATTEST:
CITY CLERK MAYOR
CERTIFICATION

I HEREBY CERTIFY that the above and foregoing Ordinance No. 4953 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
day of , 2021, and that a quorum was present thereat.

CITY CLERK

APPROVED AS TO FORM

CI TVORNEY

Published:

EXHIBIT “A”

y
ray

é Helix Engineering, LLC

8 Engineering / Surveying / Consulting

20’ SRP EASEMENT
LEGAL DESCRIPTION

That portion of the Southeast quarter of Section 9, Township 2 South, Range 5 East, of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, described as follows:

Commencing at a City of Chandler brass cap in hand-hole marking the Southeast corner of said Southeast
quarter of Section 9;

Thence along the East line thereof, North 00°35'44" East, a distance of 100.72 feet;
Thence North 89°24'16" West, a distance of 57.00 feet to the TRUE POINT OF BEGINNING;

Thence continuing North 89°24'16" West, a distance of 20.00 feet to a point on the West right-of-way line
of Arizona Avenue as described in Warranty Deed 1996-0034213, Official Records of Maricopa County;

Thence North 00°35'44" East, along said West right-of-way line, a distance of 394.08 feet;

Thence North 04°01'45" East, along said West right-of-way line, a distance of 200.33 feet;

Thence North 00°35'47" East, along said West right-of-line, a distance of 16.82 feet to the Southeast
corner of Tract “F” as shown on the plat entitled “CARINO COMMONS” recorded in book 508, of Maps,
page 1, Official Records of Maricopa County;

Thence South 89°24'16" East, a distance of 20.00 feet;

Thence South 00°35'44" West, along a line parallel with and 20.00 feet East of said West right-of-way
line, a distance of 17.42 feet;

Thence South 04°01'45" West, along a line parallel with and 20.00 feet East of said West right-of-way
line, a distance of 200.33 feet;

Thence South 00°35'44" West, along a line parallel with and 20.00 feet East of said West right-of-way
line, a distance of 393.48 feet to the TRUE POINT OF BEGINNING;

Containing 12,225 square feet, or, 0.281 acres of land, more or less.

MICHAEL J.
o THOMPSON

SKGIGA
g WG

Page 1 of 2

q:\jobs\016 queen creek-az ave\admin\reports\legal descriptions\016 cadence chandler 20' easement.docx

3240 E. Union Hills Dr. Suite #112 - Phoenix, AZ 85050 - 602-788-2616 - info@hxeng.com

E 1/4 COR. SEC. 9,
CARINO VILLAS T.2S., R.5E., FOUND
MCR BK.508 PG.1 BRASS CAP FLUSH
TRACT F )
LINE TABLE Sosreen 76 tt
—_! a
NO. BEARING LENGTH
Li_|_N 892416" Wl 57.00 io hs
L2_[ N 89°24'16" Wi 20.00” Ss} ic
L3 N 00°35'47” E 16,82” S] 18
4 S 892416" E 20.00" wl |
is | s 003544" Wl 17.42’ iol [S
a
Ss} is!
Se
APN |
303-36-281C |
20 | | =
on
| Ee)
NEW 20’ srP—7| ! a (IS
EASEMENT S
le lw
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S| IS ac ois NO SCALE
S| IBZ ele
OTS
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+| {3 *
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8 IS
| | 1 77’_R/W_PER
| 1996-0034213 MCR
|
| |
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7 S.E. COR, SEC. 9,
we T.2S., R.5E., FD. C.0.C.
So BRASS CAP IN HANDHOLEI
APN SP POC
QUEEN CREEK Rp °°3~%6-®48 8 NOTE: ALL VALUES SHOWN
—Coor ARE CALCULATED, UNLESS
NOTED OTHERWISE.
Helix Engineering, LLC EXHIBIT "B”
Engineering / Surveying / Consulting 20° SRP EASEMENT DEDICATION
3240 E Union Hills, Suite 113, Phoenix, AZ 85050 [DRAWN BY: MdT DEC. 17, 2020 JOB No.: 016
602-788-2616, www.hxeny.com CHECKED BY: SB SHEET 2 OF 2

EXHIBIT “B”

WHEN RECORDED MAIL TO:

SALT RIVER PROJECT
Land Department/PAB10W
P.O. Box 52025

Phoenix, Arizona 85072-2025

IRRIGATION EASEMENT
Maricopa County Agt. PAR
Patcel# 303-36 Job# LJ73804
SE 4, SEC. 09, T02S, ROSE W PAR C

R/W#: 241B

KNOW ALL MEN BY THESE PRESENTS:

That :
CITY OF CHANDLER, ("Grantor"),
an Arizona municipal corporation,

FOR AND IN CONSIDERATION OF THE SUM of One Dollar, and other valuable consideration, receipt
of which is hereby acknowledged, do hereby grant to the SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT, ("Grantee"), an agricultural improvement district
organized and existing under the laws of the State of Arizona, its successors and assigns, for itself and on
behalf of the United States of America and as manager of the federal Salt River Reclamation Project, the non-
exclusive right, easement and privilege to construct, reconstruct, operate and maintain an underground
itrigation pipeline and irrigation turnout structure together with all the necessary and appurtenant facilities
(collectively, the “Irrigation Facilities) through, over, under and across the following described property:

Said easement being more particularly described on EXHIBIT A attached
hereto and by reference made a part hereof.

Grantee shall have the right, but not the obligation, to trim, cut and clear away trees or brush in the
easement area whenever in its judgment the same shall be necessary for the convenient and safe exercise of
the rights hereby granted. Grantor shall be responsible for the cost of removal of any trees or brush installed
by Grantor that do not comply with the specifications in Exhibit C, attached hereto.

The Grantee shall at all times have the right of full and free ingress and egress to said easement for
the purpose heretofore specified.

In the event the right, privilege and easement herein granted shall be abandoned and permanently cease
to be used for the purpose herein granted, all rights herein granted shall automatically cease and revert to the
Grantors, their heirs and assigns. This reversion is self-executing. However, in such event, and at Grantor's
request, Grantee shall provide a quit claim deed or other recordable document sufficient to evidence the
extinguishment of the easement and Grantee's interest in the real property described within this easement
document.

The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of
and shall be binding on the heirs, successors in ownership and estate, assigns and lessees of the respective
parties hereto.

Notwithstanding any of the aforesaid provisions, the easementrights granted herein shall be further
subject to the following covenants, restrictions and conditions:

1, Grantor shall not erect, construct or permit to be erected or constructed any building, fence or other
structure, drill any well or install swimming pools within the limits of said easement area, except Grantor
reserves the right to construct, install, operate, maintain, repair, replace and reinstall surface parking areas,
driveways, roadways, sidewalks, curbs and gutters, landscaping, irrigation lines, street lighting and public
utilities in the easement area which comply with the specifications shown in Exhibit B attached hereto and by
this reference made a part hereof, unless agreed to by Grantee in writing.

2. Other easements or permits for public utility purposes which Grantor grants in, upon, under, over
and across the easement area described herein shall provide for compliance with the specifications shown
in Exhibit B attached hereto and by this reference made a part hereof, unless agreed to by Grantee in writing.

3. In the event that any repair, maintenance, replacement or installation of the irrigation facilities and
appurtenant conveniences will cause a disturbance or a disruption of any public street or paved roadway,
Grantee shall notify Grantor, pursuant to existing practices, before Grantee undertakes any such action. In
the event of an emergency, Grantee shall have use of any public street or paved roadway as it reasonably
deems necessary and appropriate to correct, repair, replace or reconstruct irrigation facilities affectedby the
emergency and notify Grantor, pursuant to existing practices, as soon as practical after responding to the
emergency. Grantee shall provide for advance warning signs, barricades, flagmen, flares, and other devices
when necessary to protect the roadway user as set forth by the City Traffic Engineer in the latest edition of
the "Manual on Uniform Traffic Control Devices" and any amendments and/or revisions thereto.

4. Grantor shall warrant and defend the rights, easements, and privileges hereby granted and the priority
of this easement against all acts of the Grantor and no other, subject to any matter that may appear of record.

5. If, in its use of the easement area for any purpose, Grantee disturbs or damages any property or
improvements of Grantor constructed in accordance with Exhibit B, all such property or improvements so
disturbed or damaged shall be restored as close to its previous condition as is reasonably possible at the
expense of Grantee.

6. In no event shall Grantee cause any irrigation facility to be located closer than two (2) feet from back
of the curb (existing or as planned and made known to Grantee before the execution of this easement) for the
adjacent public street or paved roadway, except at the point where the irrigation facility will intersect and cross
under any such public street or paved roadway.

7. Nothing herein or within the attached Exhibit C shall be construed to prohibit Grantor from installing
any intersecting public street or paved roadway, including any related surface parking areas, curbs and gutters,
landscaping irrigation lines, street lighting and public utilities related thereto, which intersects with and crosses
over that portion of Grantor's road right of way in which the easement area lies, as indicated in the attached
Exhibit A; provided, Grantor shall coordinate with Grantee to assure that such facilities will not damage or
unreasonably interfere with Grantee's irrigation facilities.

IN WITNESS WHEREOF, THE CITY OF CHANDLER, an Arizona municipal corporation, has
caused its name to be executed by its duly authorized representative(s) this day of
, 20

THE CITY OF CHANDLER,
an Arizona municipal corporation

Its:

APPROVED AS TO FORM:

Ci mmey for the
City of Chandler

STATE OF )

COUNTY OF )

On this day of ,20 , before me, the undersigned, personally appeared

> as
, of THE CITY OF CHANDLER, an Arizona municipal
corporation, and such authorized representative acknowledged that this document was executed on behalf
of the corporation for the purposes therein contained,

Notary Public
My Commission Expires:

Notary Stamp/Seal

Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value
required under A.R.S. Sections 11-1131 and 11-1132 pursuant to the exemptions set forth in A.R.S.
Sections 11-1134(A)(2) and (A)(3).

S/LAND FORM/MASTER/CofC IRRIGATION/NEW 2000

é Engineering / Surveying / Consulting

& Helix Engineering, LLC
a
g

20’ SRP EASEMENT
LEGAL DESCRIPTION

That portion of the Southeast quarter of Section 9, Township 2 South, Range 5 East, of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, described as follows:

Commencing at a City of Chandler brass cap in hand-hole marking the Southeast corner of said Southeast
quarter of Section 9;

Thence along the East line thereof, North 00°35'44" East, a distance of 100.72 feet;
Thence North 89°24'16" West, a distance of 57.00 feet to the TRUE POINT OF BEGINNING;

Thence North 00°35'44" East, along said West right-of-way line, a distance of 394.08 feet;

Thence North 04°01'45" East, along said West right-of-way line, a distance of 200.33 feet;

Thence South 89°24'16" East, a distance of 20.00 feet;

Thence South 00°35'44" West, along a line parallel with and 20.00 feet East of said West right-of-way
line, a distance of 17.42 feet;

Thence South 04°01'45" West, along a line parallel with and 20.00 feet East of said West right-of-way
line, a distance of 200.33 feet;

Thence South 00°35'44" West, along a line parallel with and 20.00 feet East of said West right-of-way
line, a distance of 393.48 feet to the TRUE POINT OF BEGINNING;

Containing 12,225 square feet, or, 0.281 acres of land, more or less.

MICHAEL J.
¢ THOMPSON

IO ITL

Page 1 of 2

q:\jobs\016 queen creek-az ave\admin\reports\legal descriptions\016 cadence chandler 20' easement.docx

3240 E. Union Hills Dr. Suite #112 - Phoenix, AZ 85050 - 602-788-2616 - info@hxeng.com

E 1/4 COR. SEC. 9,
CARINO VILLAS T.2S., R.5E., FOUND
MCR BK.508 PG.1 BRASS CAP FLUSH
TRACT F |
LINE TABLE S178 tt
—! —!
NO. BEARING LENGTH |
Li _|_N 892416" Wl 57.00" to ha
L2_|_N 89'24’16” WI 20.00” ol ic
L3 N 00°35'47" E 16,82" S} 1S
L4 S 89°2416" E 20.00" al |
[5 |S 003544” W 17.42” 7
+] 2 |
Sis |
APN !
303-36-281C |
20 | | =
—+i- fb
ane:
NEW 20’ srP-“] | |S
EASEMENT 1 > w
<5 N
. I, zt
S| Penk NO SCALE
3 [3 ozs
Ie >
“| &<
3} IS
By 8
S| |8
MICHAEL J. 2 n
THOMPSON | ,
y _| | ; 77°_R/W PER
— | 1996-0034213 MCR
/ |
y YI | |
} y TPOB
Lay
lu S.E. COR. SEC. 9,
we T.2S., R.5E., FD. C.0.C.
No BRASS CAP IN HANDHOLE
APN SP POC
303-36-648 ~~
QUEEN CREEK RD 0 648 2 NOTE: ALL VALUES SHOWN
a ARE CALCULATED, UNLESS
NOTED OTHERWISE.
Helix Engineering, LLC EXHIBIT "B”
Engineering / Surveying / Gonsulting 20 SRP EASEMENT DEDICATION
3240 E Union Hills, Suite 113, Phoenix, AZ 85050 [DRAWN BY: MJT DEC. 17, 2020 JOB No.: 016
602-788-2616, www.hxeng.com CHECKED BY: SB SHEET 2 OF 2

EXHIBIT C

(PAGE | OF 2)

REV
NO. DATE

6 | 12/05/18

MAINTAIN MINIMUM

VERTICAL CLEARANCE

7 oH

PIPE

DWG REFERENCED
FROM ORIGINAL
WES~-ROWGUIDE

MIN |MUM

TYPICAL EXCAVATION FOR
SRP_ IRRIGATION PIPE
(SEE NOTE 5)

2’ -0
VERTICAL
CLEARANCE
MINIMUM

PIPELINE - UNDERCROSSING

ao PIPE wine,
MINT MUM 0. D. " TYPICAL EXCAVATION FOR
SRP IRRIGATION PIPE
(SEE NOTE 5)
WI ITT
“TE Ly Aci
— fe”
Te SRP =
=IN PIPE AE
n al
Stn PARALLEL
AREA BELow spp GG MET UTILITY
IRRIGATION PIPE (SEE NOTE 4)
(SEE NOTE 5)

PIPELINE - PARALLEL UTILITY

2/ ~OH
CLEAR
MINIMUM

4’ -O"
MINIMUM

RETEN

CLEAR

TION m—

BASIN

TWENTE

PIPELINES - RETENTION BASIN

NOTES

EXHIBIT C REV
wees NO. | DATE
(PAGE 2 OF 2) 6 | 12/05/18
4’ <0" SRP IRRIGATION DW REFERENCED
INT ANCE FROM ORIGINAL
BUEN COE NCE STRUCTURE/F AGILITY WES-ROWGU IDE
SRP IRRIGATION |

STRUCTURES/ FACILITIES

(TYPICAL) fey

IRRIGATION STRUCTURE/ FACILITY
CLEARANCE

OUTSIDE
DIAMETER/ | ——
PERIMETER
OF MATURE |

TREE
CANOPY |/

SRP_R/W
(SEE NOTE 3)

|
|
| cose oF

EXCAVATION
FOR ROOT BALL

PIPELINES - LANDSCAPING

THESE GUIDELINES ARE PROVIDED AS A GENERAL AID TO PLANNING. ACTUAL SRP
REQUIREMENTS MAY VARY BASED ON SITE-SPECIFIC CONDITIONS, OPERATIONAL
CONSIDERATIONS, ETC

AN SRP LICENSE IS REQUIRED FOR UTILITIES CROSSING/PARALLEL TO SRP
IRRIGATION PIPE IN SRP RIGHT-OF-WAY. SRP REQUIRES ENGINEER DESIGNED
UTILITY CROSSING/LOCATION AND EXCAVATION PLAN.

SRP MAY LICENSE LIMITED USES OF ITS RIGHT-OF-WAY SUCH AS PARKING
SIDEWALK, LAWN, ETC. POLES, STRUCTURES AND TREES ARE TYPICALLY NOT
PERMITTED IN SRP RIGHT-OF-WAY. INCLUDE DESIGN DRAWINGS FOR PROPOSED
USE WHEN SUBMITTING REQUEST TO SRP FOR LICENSE.

UTILITIES PARALLEL TO SRP IRRIGATION PIPE ARE REVIEWED ON A CASE-BY-
CASE BASIS. LOCATED PARALLEL UTILITY OUTSIDE OF AREA SRP EXCAVATES

WHEN MAINTAINING IRRIGATION PIPE, OR 4’ -0" BEYOND SIDE OF THE OUTSIDE
BELL DIAMETER OF THE SRP IRRIGATION PIPE, WHICHEVER 1S GREATER. TYPICAL
EXACAVATION INCLUDES AREA ABOVE AND TO EACH SIDE OF SRP IRRIGATION
PIPE SIDE EXCAVATION INCLUDES AREA ABOVE A LINE EXTENDING UPWARD AND
OUTWARD AT A ONE-TO-ONE SLOPE FROM A POINT LEVEL WITH THE BOTTOM OF

AND 4’ -0" BEYOND THE SIDE OF THE OUTSIDE BELL DIAMETER OF THE SRP
IRRIGATION PIPE

OTHER UTILITIES ARE NOT PERMITTED IN THESE AREAS