Extracted text (via ocr_local)
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ORDINANCE NO. 4998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA,
GRANTING AN IRRIGATION EASEMENT TO ROOSEVELT WATER
CONSERVATION DISTRICT, AT NO COST, FOR IRRIGATION FACILITIES THAT
WERE RELOCATED AS PART OF AN AGREEMENT FOR CITY PARTICIPATION IN
OFFSITE CONSTRUCTION COSTS FOR THE WHISPERING HEIGHTS SUBDIVISION
LOCATED AT CHANDLER HEIGHTS ROAD AND LINDSAY ROAD
WHEREAS, on June 20, 2006, the City of Chandler and Brown Family Communities (the “Developer’)
entered into an Agreement FOR City Participation in Offsite Construction Costs (the “Agreement”); and
WHEREAS, the Agreement required the City to reimburse the Developer for construction of offsite
improvements that exceeded the Developer’s offsite improvement obligation (the “Improvements”); and
WHEREAS, the Improvements included the relocation of Roosevelt Water Conservation District (RWCD)
irrigation facilities along the north side of Chandler Heights Road from 100 feet west of Lindsay to
approximately % mile east of Lindsay Road; and
WHEREAS, the Agreement further requires that the City grant RWCD an easement for the relocated
irrigation facilities; and
WHEREAS, City determined during a recent review of project documents that it has not yet granted an
easement for the relocated irrigation facilities.
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 RWCD, at no cost, through, under and across that certain property
legally described and depicted in Exhibit “A” attached hereto and made a part hereof by this
reference.
Section2. That the granting of said irrigation easement shall be in a form approved by the City Attorney
attached hereto as Exhibit “B”.
Section3. That the Mayor of the City of Chandler, Arizona, is hereby authorized to execute the irrigation
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 No. 4998
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.4998 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 the vote was ayes, and nays.
CITY CLERK
APPROVED AS TO FORM:
Ow
CITY ATTORNEY ~ |
Exhibit "A"
Legal Description
RWCD LATERAL 17 EASEMENT
EPS
GROUP
CITY OF CHANDLER
Job No. 18-008.77 July 11, 2019
A portion of the Southwest Quarter of Section 20, Township 2 South, Range 6 East
of the Gila and Salt River Meridian, Maricopa County, Arizona;
COMMENCING at a brass cap in handhole at the south quarter-corner of said Section
20, from which a brass cap in handhole at the southwest corner of said Section 20
bears South 89 degrees 37 minutes 54 seconds West, 2655.03 feet;
thence South 89 degrees 37 minutes 54 seconds West, along the south line of said
Southwest Quarter, 64.25 feet;
thence North 0 degrees 22 minutes 06 seconds West, 63.00 feet to a point on the
north line of the south 63.00 feet of said Southwest Quarter, said point being the
POINT OF BEGINNING;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 956.74
feet;
thence North 0 degrees 22 minutes 06 seconds West, 6.00 feet to a point on the
north line of the south 69.00.feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 355.50
feet;
thence South 0 degrees 22 minutes 06 seconds East, 6.00 feet to a point on the
north line of the south 63.00 feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 313.39
fee;
thence North 0 degrees 22 minutes 06 seconds West, 6.00 feet to a point on the
north line of the south 69.00 feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 347.50
feet;
EPS Group, Inc. e 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201
Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2018\18-008\18-008.77-RWCD-17-COC-Chandler-Heights-Gilbert to Val Vista\Legal Survey\Legals\18-008.77
RWCD - Legal.docx
ais:
thence South 0 degrees 22 minutes 06 seconds East, 6.00 feet to a point on the
north line of the south 63.00 feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 234.19
feet;
thence North 0 degrees 22 minutes 06 seconds West, 10.00 feet to a point on the
north line of the south 73.00 feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 382.27
feet to a point on the west line of said Southwest Quarter;
thence North 0 degrees 33 minutes 46 seconds East, along said west line, 12.00 feet
to a point on the north line of the south 85.00 feet of said Southwest Quarter;
thence North 89 degrees 37 minutes 54 seconds East, along said north line, 1630.98
feet;
thence South 58 degrees 20 minutes 10 seconds East, 18.85 feet to a point on the
north line of the south 75.00 feet of said Southwest Quarter;
thence North 89 degrees 37 minutes 54 seconds East, along said north line, 942.44
feet to a point on the west line of a RWCD Irrigation Facilities Easement recorded as
Document No. 2019-0380686, Maricopa County records;
thence South 0 degrees 22 minutes 06 seconds East, along said west line, 12.00 feet
to the POINT OF BEGINNING.
Contains 39,425 square feet 0.9051 acres, more or less.
MUNOZ III
2
3,
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EPS Group, Inc. e 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201
Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2018\18-008\18-008.77-RWCD-17-COC-Chandler-Heights-Gilbert to Val Vista\Legal Survey\Legals\18-008.77
RWCD - Legal.docx
CENTER QUARTER-CORNER
SECTION 20, 12S, R6E
REBAR WITH CAP "RLS 42937”
if
a | APN: 30475-0124 APN: 304-75-013A =
| CITY OF CHANDLER CITY OF CHANDLER mu
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CHANDLER HEIGHTS ROAD POINT OF COMMENCEMENT
SOUTH QUARTER-CORNER
SECTION 20, 12S, R6E
LINE TABLE LINE TABLE BRASS CAP IN HANDHOLE
LINE | BEARING | LENGTH LINE | BEARING | LENGTH
Lt | Noo'22’06"W | 6.00" L7 | $58'2010"E | 18.85’
L2 | so0'22'06"E | 6.00’ L8 | $00'22'06"E | 12.00’
50 0
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SHEET 1 OF 3 scale feet www.epsgroupinc.com
EXHIBIT
NEW IRRIGATION
EASEMENT
RWCD LATERAL 17 EASEMENT
CITY OF CHANDLER
EPS
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APN: 304-75-012A
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LINE | BEARING | LENGTH
L3 | Noot22'06"w | 6.00"
L4 | soo'22'06"E | 6.00
TaN 50 0 50 100
SHEET 2 OF 3 scale feet www.epsgroupinc.com
( EXHIBIT
NEW IRRIGATION
EASEMENT
18-088-77
RWCD LATERAL 17 EASEMENT
CITY OF CHANDLER
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WEST QUARTER CORNER
SECTION 20, 2S, R6E
FOUND BRASS CAP FLUSH
APN: 304-75-012A
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SECTION 20, T2S, R6E
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LINE TABLE
LINE BEARING LENGTH
L5 | N00"22’06"W | 10.00"
L6 | NOO'33'46"E | 12.00°
50 0 50 100
scale feet
SHEET 3 OF 3
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|| EXHIBIT } EPS
NEW IRRIGATION 3
EASEMENT 3 RWCD LATERAL 17 EASEMENT IG
CITY OF CHANDLER GROUP
EXHIBIT "B"
WHEN RECORDED RETURN TO:
Roosevelt Water Conservation District
P.O. Box 100
15400 S. Higley Road
Higley, AZ 85236
ROOSEVELT WATER CONSERVATION DISTRICT
IRRIGATION FACILITIES EASEMENT
(COC Chandler Heights II - RWCD Lat 17 3.5W-3W (COC Veterans Oasis Park))
SW'% S20 T2S R6E
Maricopa County G&SRM
CITY OF CHANDLER, a municipal corporation (“Grantor”), for and in consideration of
the sum of Ten Dollars and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, does hereby grant and convey to ROOSEVELT WATER
CONSERVATION DISTRICT, an Arizona irrigation and water conservation district organized
and existing under the laws of the State of Arizona, its employees, agents, contractors, co-owners,
participants, licensees and permittees, and its and their respective successors and assignees,
whether in whole or in part (collectively, “Grantee”), a non-exclusive easement (“Easement”) in,
on, over, across, upon, and under the lands described in Exhibit A attached hereto (hereinafter
“Easement Property”) for the purposes of construction, installation, maintenance, operation,
repair, reconstruction, replacement, removal, and access to and improvement of irrigation
system facilities, which include, but are not limited to, sub-surface and surface piping, turnouts,
gates, ditches and access roadways, and other appliances, appurtenances, and fixtures
associated with the transmission, distribution, and delivery of water and other related purposes
(collectively, “Facilities”), at such locations and elevations over, across, under, and upon the
Easement Property as Grantee may now or in the future deem convenient or necessary, together
with the right of vehicular and pedestrian ingress and egress through and within the Easement
Property as Grantor may now or in the future deem convenient or necessary.
The lands over, across, under, and upon which this Easement is granted are situated in
the County of Maricopa, State of Arizona, in portions of the of the Southwest % of Section 20,
Township 2 South, Range 6 East of the Gila and Salt River Meridian, as are more particularly
described in Exhibit A attached hereto.
Subject to the provisions set forth herein, Grantor reserves the right to use and occupy
the Easement Property for any purpose consistent with the rights and privileges above granted,
provided, however, that such use shall not unreasonably interfere with Grantee’s right and ability
to construct, access, maintain and use the Easement Property or the Facilities, or endanger any
of the Facilities or the use thereof.
If Grantee records a document to formally abandon the Easement Grantee’s rights
hereunder to the part or the property abandoned shall cease and Grantee’s rights to the part of
the property abandoned shall revert to Grantor.
The covenants and agreements in this Easement shall run with and burden the land and
shall extend and inure in favor and to the benefit of, and shall be binding on, Grantee and
Grantor and their respective successors (including successors in ownership and estate), assigns,
and lessees.
Notice is given that excavation and related activity within the Easement
Property may be subject to compliance with Arizona’s Underground Facilities Act,
A.R.S. §§ 40-360.21, et seq.
IN WITNESS WHEREOF, the parties hereto have executed this Irrigation System Facilities
Easement Agreement as of the dates shown below.
GRANTOR:
CITY OF CHANDLER, an Arizona municipal corporation
By:
Its:
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On this day of , 2021, the foregoing instrument was
acknowledged before me by , the of the CITY
OF CHANDLER, an Arizona municipal corporation, and such authorized representative
acknowledged that this document was executed on behalf of the municipal corporation for the
purposes therein contained.
My Commission Expires:
Notary Public
APPROVED AS TO FORM
CITY ATTORNEY
GRANTEE: :
ROOSEVELT WATER CONSERVATION DISTRICT
By:
Shane M. Leonard, General Manager
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On this day of , 2021, the foregoing instrument was
acknowledged before me by Shane M. Leonard, the General Manager of the ROOSEVELT WATER
CONSERVATION DISTRICT, an irrigation district organized and existing under the laws of the State
of Arizona (“RWCD”), on behalf of RWCD.
My Commission Expires:
Notary Public
Exhibit A
to
Irrigation System Facilities Easement Agreement
DESCRIPTION OF IRRIGATION SYSTEM FACILITIES EASEMENT PROPERTY
[To Be Attached]
~ EPS
GROUP
Legal Description
RWCD LATERAL 17 EASEMENT
CITY OF CHANDLER
Job No. 18-008.77 July 11, 2019
A portion of the Southwest Quarter of Section 20, Township 2 South, Range 6 East
of the Gila and Salt River Meridian, Maricopa County, Arizona;
COMMENCING at a brass cap in handhole at the south quarter-corner of said Section
20, from which a brass cap in handhole at the southwest corner of said Section 20
bears South 89 degrees 37 minutes 54 seconds West, 2655.03 feet;
thence South 89 degrees 37 minutes 54 seconds West, along the south line of said
Southwest Quarter, 64.25 feet;
thence North 0 degrees 22 minutes 06 seconds West, 63.00 feet to a point on the
north line of the south 63.00 feet of said Southwest Quarter, said point being the
POINT OF BEGINNING;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 956.74
feet;
thence North 0 degrees 22 minutes 06 seconds West, 6.00 feet to a point on the
north line of the south 69.00 feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 355.50
feet;
thence South 0 degrees 22 minutes 06 seconds East, 6.00 feet to a point on the
north line of the south 63.00 feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 313.39
fee;
thence North 0 degrees 22 minutes 06 seconds West, 6.00 feet to a point on the
north line of the south 69.00 feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 347.50
feet;
EPS Group, Inc. ¢ 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201
Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2018\18-008\18-008.77-RWCD-17-COC-Chandler-Heights-Gilbert to Val Vista\Legal Survey\Legals\18-008.77
RWCD - Legal.docx
GHP
thence South 0 degrees 22 minutes 06 seconds East, 6.00 feet to a point on the
north line of the south 63.00 feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 234.19
feet;
thence North 0 degrees 22 minutes 06 seconds West, 10.00 feet to a point on the
north line of the south 73.00 feet of said Southwest Quarter;
thence South 89 degrees 37 minutes 54 seconds West, along said north line, 382.27
feet to a point on the west line of said Southwest Quarter;
thence North 0 degrees 33 minutes 46 seconds East, along said west line, 12.00 feet
to a point on the north line of the south 85.00 feet of said Southwest Quarter;
thence North 89 degrees 37 minutes 54 seconds East, along said north line, 1630.98
feet;
thence South 58 degrees 20 minutes 10 seconds East, 18.85 feet to a point on the
north line of the south 75.00 feet of said Southwest Quarter;
thence North 89 degrees 37 minutes 54 seconds East, along said north line, 942.44
feet to a point on the west line of a RWCD Irrigation Facilities Easement recorded as
Document No. 2019-0380686, Maricopa County records;
thence South 0 degrees 22 minutes 06 seconds East, along said west line, 12.00 feet
to the POINT OF BEGINNING.
Contains 39,425 square feet 0.9051 acres, more or less.
e, MUNOZ mY,
4 Signet
Cizom, v8
EPS Group, Inc. ® 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201
Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2018\18-008\18-008.77-RWCD-17-COC-Chandler-Heights-Gilbert to Val Vista\Legal Survey\Legals\18-008.77
RWCD - Legal.docx
CENTER QUARTER-CORNER
SECTION 20, 72S, R6E
REBAR WITH CAP "RLS 42937”
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a | APN: 30475-0124 APN: 304~75-013A kK
| CITY OF CHANDLER CITY OF CHANDLER bu
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CHANDLER HEIGHTS ROAD POINT OF COMMENCEMENT
SOUTH QUARTER-CORNER
SECTION 20, T2S, R6E
LINE TABLE LINE TABLE BRASS CAP IN HANDHOLE
LINE | BEARING | LENGTH LINE | BEARING | LENGTH
Li | Noo'22'06"w | 6.00" L7_ | s5e'2010"E | 18.85"
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EXHIBIT
NEW IRRIGATION
EASEMENT
RWCD LATERAL 17 EASEMENT
CITY OF CHANDLER
EPS
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EXHIBIT
18-088-77
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RWCD LATERAL 17 EASEMENT
CITY OF CHANDLER
GES
WEST QUARTER CORNER
SECTION 20, 72S, R6E
FOUND BRASS CAP FLUSH
| |
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| CITY OF CHANDLER —
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EXHIBIT
NEW IRRIGATION
EASEMENT
EPS
GROUP
RWCD LATERAL 17 EASEMENT
CITY OF CHANDLER
&