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ORDINANCE NO. 5011
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 AN EXISTING
UNDERGROUND IRRIGATION FACILITY THAT CROSSES THE WEST
SIDE OF WHITE PLACE JUST NORTH OF CHANDLER HEIGHTS ROAD.
WHEREAS, City staff recently determined that existing RWCD underground irrigation facilities
located within City right-of-way on the west side of White Place just north of Chandler Heights
Road are not covered by an irrigation facilities easement; and
WHEREAS, RWCD is requesting that the City of Chandler grant RWCD an irrigation facilities
easement of approximately 546 square feet for their facilities on the west side of White Place just
north of Chandler Heights Road; and
WHEREAS, the City of Chandler is willing to grant an irrigation easement to RWCD, at no cost,
in exchange for RWCD’s abandonment of existing RWCD easements containing approximately
1,667 square feet located in future City right-of-way that will no longer be needed due to
irrigation facility relocations that will take place as part of the Old Stone Ranch — Phase 4
development.
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.
Section 2. That the granting of said irrigation easement shall be in a form approved by the
City Attorney attached hereto as Exhibit “B”.
Section 3. 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 , 2022.
ATTEST:
CITY CLERK MAYOR
Ordinance 5011
Page 2
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this day
of , 2022.
ATTEST:
CITY CLERK MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Ordinance No. 5011 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
day of , 2022, and that a quorum was present thereat.
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY Oy
Published in the Arizona Republic on:
EXHIBIT “A”
(Legal Description and Drawing)
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EXHIBIT A
Legal Description
RWCD IRRIGATION EASEMENT
LATERAL 17
Job No. 21-0181-059 February 24, 2022
A portion of the Southeast Quarter of Section 19, Township 2 South, Range 6 East of the
Gila and Salt River Meridian, Maricopa County, Arizona.
COMMENCING at a brass cap flush at the southeast corner of said Section 19, from
which a brass cap flush at the south quarter corner of said Section 19 bears South 89
degrees 49 minutes 26 seconds West, (basis of bearing), 2,641.41 feet;
thence along the South line of said Southeast Quarter, South 89 degrees 49 minutes 26
seconds West, 1,320.70 feet;
thence North 0 degrees 19 minutes 20 seconds East, 59.00 feet to the POINT OF
BEGINNING;
thence South 89 degrees 49 minutes 26 seconds West, 46.00 feet;
thence North 45 degrees 04 minutes 23 seconds East, 19.89 feet;
thence North 89 degrees 49 minutes 26 seconds East, 32.00 feet;
thence South 0 degrees 19 minutes 20 seconds West, 14.00 feet to the POINT OF
BEGINNING.
Containing an area of 546 square feet or 0.0125 acres, more or less.
EPS Group, Inc. ¢ 1130 N Alma School Road, Suite 120 « Mesa, AZ 85201
Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2021\21-0181\21-0181-059-RWCD-Lat-17-OSRP4\Land Survey\Legals\21-0181-059 RWCD -LDO2.docx
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EXHIBIT “B”
RWCD Irrigation Easement
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
(Lat 17 @ 3.25W — White Place (Montecito @ Old Stone Ranch))
SE'% S19 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 Southeast % of Section 19,
Township 2 South, Ranch 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 this day of , 2022.
GRANTOR:
CITY OF CHANDLER, an Arizona municipal corporation
By:
Its:
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On this day of , 2022, 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 , 2022, 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 Agreemen
DESCRIPTION OF IRRIGATION SYSTEM FACILITIES EASEMENT PROPERTY
[To Be Attached]
GHP
Job No. 21-0181-059 February 24, 2022
Legal Description
RWCD IRRIGATION EASEMENT
LATERAL 17
A portion of the Southeast Quarter of Section 19, Township 2 South, Range 6 East of the
Gila and Salt River Meridian, Maricopa County, Arizona.
COMMENCING at a brass cap flush at the southeast corner of said Section 19, from
which a brass cap flush at the south quarter corner of said Section 19 bears South 89
degrees 49 minutes 26 seconds West, (basis of bearing), 2,641.41 feet;
thence along the South line of said Southeast Quarter, South 89 degrees 49 minutes 26
seconds West, 1,320.70 feet;
thence North 0 degrees 19 minutes 20 seconds East, 59.00 feet to the POINT OF
BEGINNING;
thence South 89 degrees 49 minutes 26 seconds West, 46.00 feet;
thence North 45 degrees 04 minutes 23 seconds East, 19.89 feet;
thence North 89 degrees 49 minutes 26 seconds East, 32.00 feet;
thence South 0 degrees 19 minutes 20 seconds West, 14.00 feet to the POINT OF
BEGINNING.
Containing an area of 546 square feet or 0.0125 acres, more or less.
EPS Group, Inc. e 1130 N Alma School Road, Suite 120 « Mesa, AZ 85201
Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2021\21-0181\21-0181-059-RWCD-Lat-17-OSRP4\Land Survey\Legals\21-0181-059 RWCD -LDO2.docx
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