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+WHEN RECORDED RETURN TO PROJECT: 087 MA 193 H5211 01R/S 087-B-800
ARIZONA DEPARTMENT MARICOPA COUNTY
OF TRANSPORTATION, SECTION: FOREST BOUNDARY — Dos ‘S’ RANCH
R/W OPERATIONS SEC. (612E)
205 S. 17TH AVENUE NFS: TONTO
PHOENIX, AZ, 85007
EXEMPT PER A.R.S. 11-1134-A2
HIGHWAY EASEMENT DEED
THIS DEED is made this day of , 20 by and between the UNITED
STATES OF AMERICA, herein after referred to as the GRANTOR, acting by and through the DEPARTMENT
OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION (FHWA), and the MARICOPA COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA, hereinafter referred to as the GRANTEE, acting by
and through its DEPARTMENT OF TRANSPORTATION.
WITNESSETH:
WHEREAS, the GRANTEE has filed application under the provisions of the Act of Congress of August 27,
1958, as amended (23 U.S.C. Section 317) for the right-of-way of a highway over certain federal land
under the jurisdiction of the Department of Agriculture - U.S. Forest Service in the State of Arizona; and
WHEREAS, the Arizona Division Administrator of the FHWA, pursuant to delegation of authority from
the Secretary of Transportation, has determined that an easement over the land covered by the application
is reasonably necessary for a right-of-way for Bush Highway — F.R. 204; and
WHEREAS, the U.S. Forest Service, acting by and through the FHWA, has agreed to appropriate federal
land for this roadway use and to transfer by the GRANTOR an easement over the land to the GRANTEE; and
WHEREAS, the Arizona Department of Transportation, Arizona Division of the FHWA and the U.S.
Forest Service have entered into a Memorandum of Understanding, dated October 20, 2005, from which
this deed form was developed.
PAGE 2
Now THEREFORE, the GRANTOR, as authorized by law, does hereby grant to the GRANTEE, in perpetuity,
an easement for right-of-way for the construction, operation, and maintenance of Bush Highway — F.R.
204 as described in 23 U.S.C. §103 and appurtenant facilities, and use of the space at, above, and below
grade, on the land located in the State of Arizona, County of Maricopa, Gila and Salt River Meridian
described as:
Township Range Section Subdivision
03 North 8 East 08 NW%
As shown on the right of way plans for Arizona Department of Transportation Project S 087-B-800 /
Forest Boundary — Dos ‘S’ Ranch.
Subject however, to the following terms and conditions:
1. This easement is granted subject to any and all valid, existing claims on the easement area in effect
as of the date of this conveyance. The GRANTEE agrees to resolve any disputes on such claims
and obtain any permission an account of such claims as may be necessary for the uses and
purposes of the easement to proceed;
2. The GRANTEE and the Forest Supervisor shall make determination as to the necessity for
archaeological and paleontological reconnaissance and salvage within the portion of Bush
Highway — F.R. 204, and such reconnaissance and salvage to the extent determined necessary
because of construction or reconstruction of the highway facility, is to be undertaken by the
GRANTEE in compliance with the acts entitled “An Act for the Preservation of American
Antiquities”, approved June 8, 1906 (34 Stat. 225, 16 U.S.C. 432-433), the National Historic
Preservation Act of 1966 as amended through 2000 (16 U.S.C. 470 et seq), the Archaeological
Resources Protection Act of 1979 (93 Stat. 721, 16 U.S.C. 470 aa et seq), the Native American
Grave Protection and Repatriation Act approved November 16, 1990 (104 Stat. 3048, 25 U.S.C.
3002(d):43 CFR Part 10.4), and State laws where applicable.
3. The easement herein granted is limited to use of the described portion of Bush Highway — F.R. 204
and the space above and below the established grade line of Bush Highway — F.R. 204 for the
purposes of construction, reconstruction, maintenance, and operation of Bush Highway — F.R. 204
in accordance with the approved plans, as identified at the end of the property description above
and does not include the grant of any rights for non-roadway purposes or facilities. The right of
the Forest Service to use or authorize the use of any portion of the Bush Highway — F.R. 204 for
non-roadway purposes shall not be exercised when such use would be inconsistent with the
provisions of Title 23 of the United States Code and of the Federal Highway Administration
regulations issued pursuant thereto or would interfere with the free flow of traffic or impair the full
use and safety of the highway, and, in any case, the GRANTEE and the Federal Highway
Administration shall be consulted prior to the exercise of such rights.
PAGE 3
However, the Forest Service may locate National Forest and other Department of Agriculture
information signs on the portions of the right-of-way outside of construction clearing limits. All
signing within the right-of-way, except temporary emergency fire suppression signing, will be
approved by the GRANTEE and compliant with the Manual on Uniform Traffic Control Devices
(MUTCD), where applicable.
The design, construction, operation, and maintenance of roadways situated on this right-of-way
will be in accordance with the provisions of Title 23, United States Code (USC)—Highways, and
amendments; the regulations contained in Title 23, Code of Federal Regulations (CFR)—
Highways and amendments; Section 4 (f) of the United State Department of Transportation Act,
codified in both Title 23 U.S.C. §138 and Title 49 U.S.C. §303 the provisions of the Federal-Aid
Policy Guide.
The Forest Supervisor will be provided an opportunity to review plans relative to effects, if any,
that the project works as planned will have upon adequate protection and utilization of the land
traversed by the right-of-way and adjoining land under the administration of the Forest Service for
the purposes for which such land is being administered. Those features of design, construction,
and maintenance of the roadway facility and of use of the right-of-way that would have effect on
the protection and utilization of the land under the administration of the Forest Service are to be
mutually agreed upon by the Forest Supervisor and the GRANTEE by conference or other
communication during the preparation of the plans and specifications for each construction
project, and the plans shall be revised, modified, or supplemented to meet the approval of the
Forest Supervisor, or when deemed appropriate, supplemented by written stipulation between the
Forest Supervisor and the GRANTEE, prior to the start of construction.
The final design and construction specifications for any roadway construction project on the right-
of-way shall be presented to the Forest Supervisor for approval. Construction or reconstruction
shall not begin until such approval is given. If it is subsequently deemed necessary that the
approved plans, specifications or stipulations be amended or supplemented, any amendment or
supplement shall be approved by the Forest Supervisor and the GRANTEE before construction or
reconstruction begins.
Consistent with highway safety standards, GRANTEE shall;
a. Protect and preserve soil and vegetative cover and scenic and esthetic values on the right-of-
way outside of construction limits;
b. Provide for the prevention and control of soil erosion within the right-of-way and adjacent
lands that might be affected by the construction, operation, or maintenance of the roadway;
c. Vegetate and keep vegetated with suitable species all earth cut or fill slopes feasible for
revegetation or other areas on which ground cover is destroyed where it is deemed necessary
during a joint review between the Forest Supervisor and the GRANTEE prior to completion of
the roadway;
10.
11.
PAGE 4
d. Maintain all terracing, water bars, leadoff ditches, or other preventive works that may be
required to protect adjacent National Forest System lands. This provision shall also apply to
slopes that are reshaped following slides which occur during or after construction.
The GRANTEE shall not establish the following within the roadway, unless shown on approved
construction plans, without first obtaining approval of the Forest Supervisor: borrow, sand, or
gravel pits; stone quarries, permanent storage areas; sites for highway operation and maintenance
facilities, camps, supply depots, or disposal areas.
The GRANTEE may maintain the roadway clearing by means of chemicals only if the Forest
Supervisor has given specific written approval. Application for such approval must be in writing
and must specify the time, method, chemicals, and the exact portion of the roadway to be
chemically treated.
The GRANTEE may remove mineral material and vegetation as necessary for the construction,
maintenance, and safe operation of Bush Highway — F.R. 204 subject to the following:
a. The Forest Service will retain the right to any merchantable timber within the boundaries of
the appropriation. The GRANTEE shall notify the Forest Service when timber is scheduled to
be removed. The Forest Service will determine what method of sale or storage of the timber
shall be utilized;
b. The Forest Service will retain the right to any mineral materials within the boundaries of the
appropriation. The GRANTEE shall notify the Forest Service when mineral material is
scheduled for removal and use within or disposal outside the appropriation area. The Forest
Service will determine if the material has value and what method shall be utilized to recover
any such value for the United States.
Upon termination of this easement, the GRANTEE shall remove, within a reasonable time, any
structures and improvements, and shall restore the site to a condition satisfactory to the Forest
Supervisor, unless an alternative agreement is reached by both parties and documented in writing.
If the GRANTEE, within a reasonable period, fails to remove the structures or improvements and
restore the area, or to implement the alternative agreement, the Forest Supervisor may order the
removal and disposal of any improvements and restore the area at GRANTEE’S expense.
When need for the easement herein granted shall no longer exist and the area has been reasonably
rehabilitated to protect the public and environment, the GRANTEE shall give notice of that fact to
the GRANTOR and the Forest Service and the rights herein granted shall terminate and the land
shall revert immediately to the full control of the Forest Service or assigns.
The GRANTEE, in consideration of the conveyance of said land, does hereby covenant and agree as
a covenant running with the land for itself, its successors and assigns that:
a. No person shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or
under such lands hereby conveyed;
PAGE 5
b. The GRANTEE shall use said land so conveyed in compliance with all
requirements imposed by or pursuant to Title 49, Transportation, subtitled A, Part
21, Code of Federal Regulations (49 CFR §21.1 to §21.23), pertaining to and
effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C. §2000d to §2000d-4).
In the event of breach of any of the above mentioned nondiscrimination conditions, the GRANTOR,
or its assigns, shall have the right to re-enter the easement and any facilities thereon, thereby
terminating the easement and vesting exclusive ownership and control of the land and facilities in
the GRANTOR.
PAGE 6
IN WITNESS WHEREOF, I, , Division Administrator,
pursuant to delegations of authority from the Secretary of Transportation and the Federal Highway
Administrator, by virtue of authority in me vested by law, have hereunto subscribed my name as of the
day and year first above written.
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
By.
Division Administrator
State of )
) ss
County of )
l a Notary Public in and for the State of , do
hereby certify that on this the day > 20 before me personally
appeared, , Division Administrator, Federal Highway Administration, and
acknowledged that the foregoing instrument bearing date of » 20 » was
executed by him/her in his/her official capacity and by authority in her/him vested by law, for the purposes
and intents in said instrument described and set forth, and acknowledged the same to be her/his free act
and deed as Division Administrator, Federal Highway Administration.
Witness my hand and seal of office this day of »20
NOTARY PUBLIC
(SEAL)
Commission Expires
PAGE 7
In compliance with the conditions set forth in the foregoing deed, the MARICOPA COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF ARIZONA, certifies, and by the acceptance of this deed, accepts the right-
of-way over certain land herein described and agrees for itself, its successors and assigns forever to abide
by the conditions set forth in said deed.
By :
Real irector
State of __( Iringroa )
ss
County of —¥ in 20. )
I, lOccela \ S Qz , a Notary Public in and for said County and State, hereby certify that
Olex Pins lig. , whose name a Deal EStote. { —_— , is signed to the
foregoing conveyance and who is known to me, acknowledged before me on this day that, being informed
of the contents of the conveyance, he/she in his/her capacity as sul’ Aon Espate TDxcrctoc
executed the same voluntarily on this day.
Given under by hand and seal of office this 21> day of Duly , 2082.
TANGELLA DIAZ ;
Expires December 1, 2024
(SEAL)
Commission Expires Qeconiben |. O34
PAGE 8
RECOMMENDED FOR APPROVAL:
Senior Right of Way Agent = Right of Way Supervisor /
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By.
Chairman of the Board
ATTEST:
Date
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority of the Board of Supervisors
f. Je)» 2027
“Daté
Deputy County Attorney
UNITED STATES OF AMERICA
ROAD EASEMENT ASSIGNMENT
ARIZONA DEPARTENT OF TRANSPORTATION TO MARICOPA COUNTY
Item No, D18230.001
EXHIBIT “A”
LEGAL DESCRIPTION
For
Assignment of a Portion of SR 87 Easement
Arizona Department of Transportation Project No. 087-MA-193-H5211-01R
COMMENCING at the North quarter corner of Section 8 Township 3 North, Range 8 East, a BLM brass cap,
which bears North 89°41738” East a distance of 2,642.08 feet from the Northwest corner of said Section 8 being
a BLM brass cap;
Thence, along the North line of said section, South 89°41°38” West a distance of 747.91 feet to the East line of
S.R.87 right of way along Bush Highway (also known as FR 204);
Thence, departing said North line and along said East line, South 28°03’05” East a distance of 130.00 feet to an
angle point;
Thence, continuing along said East line, South 13°55’22” East a distance of 175.00 feet to the POINT OF
BEGINNING;
Thence, departing said East line, South 76°04°38” West a distance of 213.28 feet to a point on the West line of
said S.R.87 right of way along Bush Highway;
Thence, along said West line, South 22°33°06” East a distance of 15.17 feet to an angle point;
Thence, continuing along said West line, South 13°55’22” East a distance of 323.00 feet;
Thence, departing said West line, North 76°04’38” East a distance of 211.00 feet to a point on tlie East line of
S.R.87 right of way along Bush Highway, said point also identified as being located at Station 790+90.00, a
distance of 100.00 feet left of the FR 204 survey centerline as shown on Sheet P-18 of the Plans for the Arizona
Department of Transportation, Mesa—Payson project No. 087 MA 193 H5211 OLR;
Thence, along said East line, North 13°55’22” West a distance of 338.00 feet to the POINT OF BEGINNING.
The above described parcel contains 71,335 square feet or 1.6376 acres more or less.
KENNETH W.
GREEN, ,
2, 6+10- Ley
Sionah eG
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: | Chk: K Green 6/2/2020 | Appr: K Green 6/3/2020
Rev: L Green 6/10/2020
Maricopa County - Real Estate Department
GRANTOR DATE
EXHIBIT “A”
Page 1 of 1
UNITED STATES OF AMERICA
ROAD EASEMENT ASSIGNMENT
ARIZONA DEPARTENT OF TRANSPORTATION TO MARICOPA COUNTY
Item No. D18230.001
EXHIBIT “A”
LEGAL DESCRIPTION
For
Assignment of a Portion of SR 87 Easement
Arizona Department of Transportation Project No. 087-MA-193-H5211-01R
COMMENCING at the North quarter corner of Section 8 Township 3 North, Range 8 East, a BLM brass cap,
which bears North 89°4138” East a distance of 2,642.08 feet from the Northwest corner of said Section 8 being
a BLM brass cap;
Thence, along the North line of said section, South 89°41’38” West a distance of 747.91 feet to the East line of
S.R.87 right of way along Bush Highway (also known as FR 204);
Thence, departing said North line and along said East line, South 28°03’05” East a distance of 130.00 feet to an
angle point;
Thence, continuing along said East line, South 13°55’22” East a distance of 175.00 feet to the POINT OF
BEGINNING;
Thence, departing said East line, South 76°04’38” West a distance of 213.28 feet to a point on the West line of
said S.R.87 right of way along Bush Highway;
Thence, along said West line, South 22°33’06” East a distance of 15.17 feet to an angle point;
Thence, continuing along said West line, South 13°55’22” East a distance of 323.00 feet;
Thence, departing said West line, North 76°04’38” East a distance of 211.00 feet to a point on the East line of
S.R.87 right of way along Bush Highway, said point also identified as being located at Station 790+90.00, a
distance of 100.00 feet left of the FR 204 survey centerline as shown on Sheet P-18 of the Plans for the Arizona
Department of Transportation, Mesa—Payson project No. 087 MA 193 H5211 O1R;
Thence, along said East line, North 13°55’22” West a distance of 338.00 feet to the POINT OF BEGINNING.
The above described parcel contains 71,335 square feet or 1.6376 acres more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: | chk: K Green 6/2/2020 | Appr: K Green 6/3/2020
Rev: L Green 6/10/2020
Maricopa County - Real Estate Department
GRANTOR DATE
EXHIBIT “A”
Page | of 1
Exhibit "B", Attached to Road Easement N
REE Not to Scale
N.89°41'38" E
S 89°41'38"W = 747.91
EAST LINE OF ADOT R/W
STA. 790+90.00 *
WEST LINE | ig -
ADOT RWW
NO. BEARING LENGTH \
1 S 28°03'05"E_ | 130.00!
L2 S 13°55'22" E 175.00!
L3 S 76°04'38" W_|_213.28'
L4 “S 22°33'06" E 15.17"
L5 S 13°55'22"E | 323.00!
L6 N 76°04'38"E_|_ 211.00!
L7 N 13°55'22" W_| 338.00!
EXPIRES 12/31/2020
* ADOT, MESA-PAYSON PR. NO. 087-MA-193-H5211-01R , (Sheet P-18)
Parcel Area: 71,335 square feet or 1.6376 acres 1 of 2
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
ARIZONA DEPARTMENT OF TRANSPORTATION , MESA-PAYSON PRu. NO. 087-MA-193-H5211-01R
MCDOT PRJ. No, TT0011 ITEM No. D18230.001 DATE 06/10/2020 | RWK.G. Tech JB | Page 1 of 1