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WHEN RECORDED MAIL TO:
Maricopa Water District
P. O. Box 900
Waddell, AZ 85355-0099
EASEMENT
MARICOPA COUNTY, a political subdivision of the State of Arizona, hereinafter "Grantor" for
and in consideration of the agreements contained herein, does hereby grant MARICOPA COUNTY
MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, a political subdivision of the State of
Arizona, hereinafter "Grantee" a permanent, exclusive easement, free and clear of any liens and
encumbrances, along with a right of ingress and egress, to enter upon and use the lands, more
particularly described on Exhibit "A" attached hereto (the "Easement Parcel").
1. Grantee shall at all times have a prior and superior right of access to and use of the
Easement Parcel to accomplish all of Grantee's purposes, including, but not limited to the transmission
and distribution of water, wastewater, power and communications, and to construct, reconstruct, operate
and maintain Grantee's existing and any future facilities, including, but not limited to, water, wastewater,
electrical and communication facilities located within the Easement Parcel.
2. Grantor reserves the right to construct, reconstruct, operate, maintain, repair and replace
the roadway ("Roadway") and other improvements agreed to in writing by Grantee ("Other
Improvements") within the Easement Parcel, subject to Grantee's rights herein granted. The design for
the roadway and all Other Improvements shall be subject to Grantee's review and approval and shall not
impede nor limit Grantee's use of or full vehicular access to and over the Easement Parcel. Grantor shall
be responsible for all costs and expenses associated with the Roadway and all Other Improvements,
including, but not limited to, any costs or expenses necessary for the repair or replacement of the
Roadway and all Other Improvements that are damaged or destroyed by Grantee, its employees,
contractors or agents, who are accessing and/or using the Easement Parcel to accomplish any of
Grantee's purposes, or that require repair or replacement for any other reason. Grantee will backfill and
compact to original surface any excavations created by it in connection with its repair, maintenance, or
use of the Easement Parcel after initial installation of its pipeline.
3. Grantor shall indemnify and hold harmless Grantee from any and all liability, cost,
expense or damages resulting from Grantor's exercise of rights reserved herein for Grantor.
4, Except as provided in Paragraph 2 hereof, Grantee shall indemnify and hold harmless
Grantor from any and all liability, cost, expense or damages resulting from Grantee's use of the easement
herein granted.
5. Grantor may, at Grantor's expense and subject to Grantee's prior written approval,
relocate, modify, upgrade, replace or reconstruct Grantee's existing or future facilities and property
interests. Grantor shall reimburse Grantee for all costs and expenses incurred by Grantee to remove,
relocate, modify, upgrade, replace or reconstruct Grantee's existing or future facilities or existing or future
property interests to accommodate Grantor's rights reserved herein for a Roadway and all Other
Improvements agreed to in writing by Grantee.
CLARKHILLALO117\462259\272 1 90663.v2-8/24/23
6. Any notice hereunder to be given by Grantor to Grantee shall be in writing and shall be
given by personal delivery, overnight courier service, or United States certified or registered mail, return
receipt requested, postage prepaid, to Maricopa Water District, 14825 West Grand Avenue, Surprise,
Arizona 85374, Attention: Property and Contracts Manager. Any notice to be given hereunder by Grantee
to Grantor shall be in writing and shall be given by personal delivery, overnight courier service,
telefacsimile or United States certified or registered mail, return receipt requested, postage prepaid, to
Maricopa County Real Estate Department, 2801 West Durango Street, Phoenix, Arizona 85009,
Attention: Right of Way Supervisor, Telephone Number (602) 506-4897. Either party may designate by
written notice, a new address to which any such notice shall thereafter be so addressed and mailed.
7. Each of the easements, covenants, conditions, restrictions, rights and obligations set
forth herein runs with the land and creates equitable servitudes in favor of the Grantee and its successors
and assigns, binds every person having any fee, leasehold or other interest therein and inures to the
benefit of the respective parties and their successors, assignees, heirs and personal representatives.
8. Any subsequent owner of the Easement Parcel or any portion thereof, by acceptance of a
deed conveying title thereto or the execution of a contract for the purpose thereof, whether from the
original Grantor or from a subsequent owner of such Easement Parcel, or any portion thereof, accepts
such deed or contract upon and subject to each and all of the easements, covenants, conditions,
restrictions and obligations contained herein, and assumes the obligations of Grantor hereunder. By such
acceptance and assumption, any such subsequent owner for himself and his successors, assignees,
heirs and personal representatives, covenants, consents and agrees to keep, observe, comply with, and
perform the obligations and agreements of Grantor set forth herein with respect to the real property so
acquired by such subsequent owner.
9. Each provision of this Easement and the application thereof to the Easement Parcel is
hereby declared to be independent and severable from the remainder of this Easement. If any provision
contained herein is held to be invalid or to be unenforceable or not to run with the land, such holding does
not affect the validity or enforceability of the remainder of this Easement.
10. This Easement contains a complete understanding and agreement of the parties hereto
with respect to all matters referred to herein, and all prior representations, negotiations, and
understandings are superseded hereby. Exhibits attached hereto are incorporated herein by this
reference.
11. The laws of the State of Arizona govern the interpretation, validity, performance and
enforcement of this Easement.
[Signatures on following pages]
CLARKHILL\LO117\462259\272 190663.v2-8/24/23
IN WITNESS WHEREOF, the parties have executed this easement this __ day of
, 2023.
APPROVED:
MARICOPA COUNTY MUNICIPAL WATER
CONSERVATION DISTRICT NUMBER ONE,
a political subdivision of the State of Arizona
By:
hristine Cain
Its: Property & Contracts Manager
ATTEST:
py: AS S———>
Glen Vortherms
Its: Assistant Secretary
STATE OF ARIZONA)
) ss:
County of Maricopa _)
On this 30" day of Cage ,2023, before me the undersigned Notary Public personally
appeared Christine Cain and Glen Vortherms known to me to be the Property and Contracts
Manager and Assistant Secretary of MARICOPA COUNTY MUNICIPAL WATER CONSERVATION
DISTRICT NUMBER ONE, a political subdivision of the State of Arizona, and they, being duly authorized
so to do, executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, | have hereunto set my hand and official seal.
(Vek. XL Zocameene
NOTARY PUBLIC
My Commission Expires:
VAIL
DEBRAL. TRASANCOS
Notary Public - Arizona
Maricopa Co. / #588680
Expires 10/15/2024
CLARKHILL\LO117\462259\272190663.v2-8/24/23
RECOMMENDED FOR APPROVAL:
DocuSigned by: DocuSigned by:
elle, Mor Juuufr Kodriquey
T5BEAS8A4A75D456. 94438E0RDECG6436.
Right of Way Agent Right of Way Supervisor
ACCEPTED AND APPROVED
MARICOPA COUNTY BOARD OF SUPERVISORS
By:
Chairman of the Board Date
Before me, Notary Public in and for said County, State of Arizona,
on this day personally appeared known to me to be the person whose
name is subscribed to the foregoing instrument as the Chairman of the Board of the Political Subdivision
described in the foregoing instrument, and as such he acknowledged to me that he executed the same for
said Board, for the purpose and consideration therein expressed, as its free act and deed and by each of
them voluntary executed.
Given under my hand and seal of the office this__ day of , 2023.
My Commission Expires
Notary Public (signature)
Approved as to form and within the powers
Pape Pde Board of Supervisors
(h, WL ck 9/7/2023
By’ a ue Puke
Deputy County Attorney Date
4
CLARKHILL\LO117\462259\272 1 90663.v2-8/24/23
Exhibit “A”
Page 1 of 2
EXHIBIT “A”
MWD LATERAL 12 EASEMENT
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 2
WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14 FROM WHICH THE NORTH
QUARTER CORNER BEARS SOUTH 89°44'37” EAST, A DISTANCE OF 2638.66 FEET;
THENCE UPON THE NORTH LINE OF SAID SECTION 14, SOUTH 89°44'37” EAST, A DISTANCE
OF 33.00 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00°16'33” WEST, A DISTANCE OF 55.00 FEET TOA
LINE PARALLEL WITH AND 55.00 FEET SOUTH OF SAID NORTH LINE, ALSO BEING A POINT ON THE
EAST BOUNDARY OF THE EXISTING 20.00 FOOT MARICOPA WATER DISTRICT LATERAL 12
SUBLATERAL C RIGHT-OF-WAY, AND ALSO BEING THE POINT OF BEGINNING (POB);
THENCE LEAVING SAID EAST RIGHT-OF-WAY BOUNDARY AND UPON SAID PARALLEL
LINE, SOUTH 89°44'37” EAST, A DISTANCE OF 62.00 FEET TO A POINT WHICH LIES
SOUTH 89°01'04" WEST, A DISTANCE OF 2544.27 FEET FROM THE NORTH QUARTER CORNER OF
SAID SECTION 14;
THENCE, SOUTH 45°15'58” WEST, A DISTANCE OF 28.29 FEET TO A LINE PARALLEL WITH
AND 75.00 FEET SOUTH OF SAID NORTH LINE;
THENCE UPON SAID PARALLEL LINE, NORTH 89°44'37” WEST, A DISTANCE OF 42.00 FEET TOA
POINT ON SAID EAST RIGHT-OF-WAY BOUNDARY;
THENCE UPON SAID EAST RIGHT-OF-WAY BOUNDARY, NORTH 00°16'33” EAST, A DISTANCE
OF 20.00 FEET, TO THE POINT OF BEGINNING (POB);
CONTAINING AN AREA OF 1040 MORE OR LESS SQUARE FEET (0.02 MORE OR LESS ACRES).
WD APPROYE!
—@Or— /2fe/723
ell
DAVID A.
RHINE. «47
~ eee JOB NO: MWD - 66 MARICOPA WATER DISTRICT EASEMENT
= ne. ALLEN RANCHES
GEORGE CAIRO ENGINEERING, INC, ieERALS2IPIPEERIERELGEATIONS
1630 S. STAPLEY DR., SUITE 117 MARICOPA WATER DISTRICT BETHANY HOME ROAD
MESA, ARIZONA 85204 14825 WEST GRAND AVENUE
(480) 921 - 4080 SURPRISE, AZ 85374 MARICOPA COUNTY
www.gcairoinc.com (623) 546 - 8266 LATERAL 12 [1 OF 2
Exhibit “A”
Page 2 of 2
A PORTION OF THE NORTHWEST QUARTER OF SECTION 14, T2N, R2W, G&SRM
MARICOPA COUNTY, ARIZONA
FDIP FD AC
NW COR N 1/4 COR
SEC 14 SEC 14
yout s BETHANY HOME ROAD $89°44'37"E
ai a ~ ~ "2638.66! ee a?
asl sp ~ ee “—
POB 2} 2 ; -
TEE BL ~ geste a
wu Melispsy —-— 7544-27
oO pa
a <
S
S
Zz
1040 + SQFT
a 0.02 + ACRES MWD 20' LATERAL 12 ROW
al MIP BK 14, PG 35 AND
ze OCS! BK 24, PG 3, M.C.R.
@ NTS
2
ra =~ .
+ “MIP BK 14, PG 35 AND ee ener
|| BK 24, PG 3, M.C.R. L1_| seo44'37"E | 33.00
L2__[ soovte's3'w | 55.00
L3__ | s89°44'37"E | 62.00'
\b L4__ | sas-ts'sa"w | 28.20
FD BC 5 | Neo-aa's7"w | 42.00
W 1/4 COR te [_Noo-1e'33"E | 20.00
SEC 14
REFERENCE:
SECTION LINE INFORMATION IS
REFERENCED
FROM UNRECORDED FINAL PLAT FOR "ALLEN
RANCHES - PARCEL J" SIGNED 11/18/2022
LEGEND
—— — — SECTION LINE
—-- +--+ — NEW MWD ESMT
—— — — EXmWwD20'ROW
JOB NO: MWD - 66
MARICOPA WATER DISTRICT EASEMENT
{GCG inc.
GEORGE CAIRO ENGINEERING, INC.
1630 S. STAPLEY DR., SUITE 117
MESA, ARIZONA 85204
(480) 921 - 4080
www.gcaliroinc.com
IWMAD
MARICOPA WATER DISTRICT
14825 WEST GRAND AVENUE
SURPRISE, AZ 85374
(623) 546 - 8266
ALLEN RANCHES
LATERAL 12 PIPELINE RELOCATIONS
BETHANY HOME ROAD
MARICOPA COUNTY
LATERAL 12
[2 OF 2