Extracted text (via ocr_local)
18767 characters
Contract No. 23-LE-32-4372
Case No. 16-030
ORIGINAL Exempt per A.R.S. § 11-1134 A.3.
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
SALT RIVER PROJECT
CONTRACT AND GRANT OF EASEMENT
THIS CONTRACT AND GRANT OF EASEMENT, made this day of
pursuant to the Reclamation Act of June 17, 1902
(32 Stat. 388), the Reclamation Project Act of 1939 (53 Stat. 1187), and all acts amendatory
thereof or supplementary thereto, between the UNITED STATES OF AMERICA, hereinafter
referred to as “United States,” and Maricopa County, a political subdivision of the State of
Arizona, hereinafter referred to as “Grantor.”
WITNESSETH:
That the Salt River Project Agricultural Improvement and Power District (SRP), an agricultural
improvement district organized and existing under the laws of the State of Arizona, intends to
relocate a portion of a federal irrigation facility acquired for a project purpose to a piped
irrigation facility at a new location; and,
WHEREAS, the United States owns a real property interest along the existing irrigation facility,
and Grantor owns the fee title to the real property onto which the irrigation facility will be
relocated; and,
WHEREAS, Grantor intends to grant to the United States and its assigns that certain real
property interest needed for the relocated facility, in exchange for the United States’ release of
that portion of its existing real property interest no longer needed for project purposes, and for
the purpose of benefitting future development of the real property; and,
WHEREAS, the United States will release its interest, if any, in and to the real property interest
no longer needed by Contract No. 23-LE-32-4373 to Maricopa County, a political subdivision
of the State of Arizona, and any and all other owners of record of the underlying fee title.
NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the
parties agree to the following grant and mutual covenants:
1. Grantor does hereby grant, with general warranty of title, unto the United States of America
and its assigns a perpetual easement to construct, reconstruct, operate and maintain certain water
distribution system pipelines, as part of the Salt River Project water distribution system, and such
structures, installations and facilities used in the construction, reconstruction, operation and
maintenance of said water distribution system, across certain land situated in the County of
Maricopa, State of Arizona, and more fully described in Exhibits “A-1” and “A-2” attached
hereto and by this reference made part hereof.
2. The grant of easement herein contained shall include the perpetual right of ingress and egress
over said premises to construct, reconstruct, operate, maintain, enlarge, improve, relocate,
remove, repair and renew said water distribution system, together with the present and future
right to clear said right-of-way to the extent deemed necessary by the United States to protect the
rights and privileges herein granted.
3. The United States, its successors and assigns, may hold such easement forever for all
purposes consistent with the water distribution feature of Salt River Project, or any changes, or
additions or modifications that may hereafter be made therein, and the United States, its
successors and assigns, will have the perpetual right to take and use materials, as well as all of
the rights incident to such water distribution feature, or any changes, additions, or modifications
thereof over, upon or across said right-of-way described in Exhibits “A-1” and “A-2”.
4. The Grantor hereby ratifies and affirms the right of the United States, its permittees,
successors or assigns, to construct, reconstruct, operate, maintain, enlarge, improve, relocate,
remove, repair and renew, together with the right of access thereto for such purposes, at any time
and from time to time, a water conduit and related facilities, consisting of one or more canals,
pipelines, laterals, markers, air valves, manholes, valves, meters, surge control devices, buried
communication conduits, and all other fixtures, devices and appurtenances related thereto, and to
conduct all related activities in, on, under, and across the land described in Exhibits “A-1” and
“A-2” under the following conditions:
(a) The United States shall have the right to use the subject land for ingress and egress at
any time without prior notice, together with the right to use existing or future roadways, lanes
and rights-of-way on Grantor's property adjacent thereto, as may be convenient and necessary for
the purposes of exercising the rights herein granted. The United States may, at any time, install
and/or use gates in any fences which are now or may hereafter be constructed and to trim, cut
and clear away trees or brush whenever, in its judgment, the same shall be necessary for the
convenient and safe exercise of the rights hereby granted, on said lands described in Exhibits “A-
1” and “A-2”, or on such adjoining lands for the purpose of exercising the rights herein granted.
(b) The rights granted to, and exercised by, the United States shall be subject to all
existing structures, fencing, canals, ditches, pipelines, roadways, and rights-of-way, and all
future uses thereof, including but not limited to the right of the Grantor to use the lands within
said parcel for agricultural and other purposes that do not directly or indirectly interfere with or
endanger the exercise of the rights of the United States, PROVIDED, HOWEVER, that the
Grantor shall clear and keep clear the lands described in Exhibits “A-1” and “A-2”, from
explosives, buildings and structures of all kinds or facilities of a permanent nature which directly
or indirectly interfere or could interfere with the rights of the United States, and shall not drill
any well, install swimming pools, or alter ground level by cut or fill, within the limits of said
rights-of-way and the United States shall have the permanent right of exclusive use and
possession within the easement.
5. The grant of easement herein contained is subject to easements and rights-of-way existing or
of record in favor of the public or third parties, and subject to any outstanding interest in any and
all organic or inorganic substances in or under said land.
6. Grantor warrants that no person or agency has been employed or retained to solicit or secure
this grant upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial agencies
maintained by the Grantor for the purpose of securing business.
7. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this grant or to any benefit that may arise herefrom, but this restriction shall not
be construed to extend to this grant if made with a corporation or company for its general benefit.
8. The provisions of this grant shall obligate and inure to the benefit of the respective heirs,
executors, administrators, successors, and assigns of the parties to this grant.
IN WITNESS WHEREOF, the parties hereto have signed their names the day and year first
above written.
Maricopa County, a political subdivision
of the State of Arizona
By:
Title:
UNITED STATES OF AMERICA
By: wre DD
Alexander B. Smith
Area Manager
Phoenix Area Office
Bureau of Reclamation
Contract No. 23-LE-32-4372
Case No. 16-030
ACKNOWLEDGMENT
State of Arizona )
) ss.
County of Maricopa)
On this day of , before me,
, a Notary Public in and for said County and State,
personally appeared , on behalf of
Maricopa County, a political subdivision of the State of Arizona, known to me to be the
person described in the foregoing instrument, and acknowledged to me that he/she executed the
same in the capacity therein stated and for the purpose therein contained.
|
|
|
Notary Public in and for
said County and State
Contract No. 23-LE-32-4372
Case No. 16-030
ACKNOWLEDGMENT
State of Arizona )
) ss.
County of Maricopa )
On this | a day of August ; 23 , before me,
YesSice. L. Heendon- LadewQra Notary Public in and for said County and State
personally appeared Alex andud .smiMn , Area Manager, Phoenix
Area Office, Bureau of Reclamation, Department of the Interior, UNITED STATES OF
AMERICA, known to me to be the person described in the foregoing instrument, and
acknowledged to me thathe)s e executed the same on behalf of the United States in the capacity
therein stated and for the purpose therein contained.
Dour flac foot
ary Public in and for |
said Gounty and State
JESSICA L. HERNDON-LADEWIG
Notary Public - Arizona p
Maricopa County
e Commission # 653164
My Comm, Expires Jul 26, 2027 B
Exhibit "A-1"
EXHIBIT “A”
DESCRIPTION OF REAL ESTATE IN MARICOPA COUNTY,
STATE OF ARIZONA
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE 4/4) OF SECTION EIGHT (8), TOWNSHIP
ONE (1) NORTH, RANGE ONE (1) EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8, BEING A3 INCH BRASS CAP IN HAND
HOLE STAMPED “ARIZONA HIGHWAY DEPT. ELEV STA 19”, FROM WHICH THE SOUTH QUARTER CORNER
OF SAID SECTION 8, BEING A 2 INCH ALUMINUM CAP IN A HAND HOLE STAMPED “MARICOPA COUNTY
TAN R1E 1/4 $8 $17 2003 37174”, BEARS SOUTH 89 DEGREES 11 MINUTES 49 SECONDS WEST, A
DISTANCE OF 2653.76 FEET;
THENCE ALONG THE SOUTH LINE OF SAID SECTION 8, SOUTH 89 DEGREES 11 MINUTES 49 SECONDS
WEST, A DISTANCE OF 104.20 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE, SOUTH 89 DEGREES 11 MINUTES 49 SECONDS WEST, A DISTANCE OF 28.00 FEET;
THENCE LEAVING SAID SOUTH LINE, NORTH 00 DEGREES 00 MINUTES 58 SECONDS WEST, A DISTANCE
OF 68.97 FEET;
THENCE NORTH 89 DEGREES 34 MINUTES 35 SECONDS EAST, A DISTANCE OF 2.99 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 58 SECONDS WEST, A DISTANCE OF 122.78 FEET;
THENCE NORTH 45 DEGREES 55 MINUTES 09 SECONDS EAST, A DISTANCE OF 97.11 FEET;
THENCE NORTH 00 DEGREES 06 MINUTES 32 SECONDS WEST, A DISTANCE OF 7.04 FEET TO THE
WESTERLY RIGHT-OF-WAY LINE OF 99TH AVENUE AS SHOWN ON THE FINAL PLAT OF “PROLOGIS PARK
99TH” BOOK 1198, PAGE 7, MARICOPA COUNTY RECORDS;
THENCE ALONG SAID WESTERLY LINE, NORTH 45 DEGREES 00 MINUTES 13 SECONDS EAST, A DISTANCE
OF 8.47 FEET;
THENCE ALONG SAID WESTERLY LINE, NORTH 00 DEGREES 06 MINUTES 31 SECONDS WEST, A DISTANCE
OF 197.05 FEET;
THENCE LEAVING SAID WESTERLY LINE, NORTH 89 DEGREES 53 MINUTES 29 SECONDS EAST, A
DISTANCE OF 24.00 FEET;
THENCE SOUTH 00 DEGREES 06 MINUTES 31 SECONDS EAST, A DISTANCE OF 214.47 FEET;
THENCE SOUTH 45 DEGREES 55 MINUTES 09 SECONDS WEST, A DISTANCE OF 105.47 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 58 SECONDS EAST, A DISTANCE OF 112.43 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES 02 SECONDS EAST, A DISTANCE OF 1.01 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 58 SECONDS EAST, A DISTANCE OF 68.79 FEET TO SAID POINT
OF BEGINNING.
SAID PARCEL OF LAND CONTAINS AN AREA OF 0.28 ACRES(S), MORE OR LESS.
Page 2 of 2
EXHIB
EAST QUARTER CORNER ———=———~«
LT OF SECTION 8, ‘
TIN, R1Es G&SRM : y
MAG SPIKE W/TAG L$21055 ib 10;
___VAN BUREN ST LVI: 9-15-2010 |
rn | He} |
| | | Eats [
! | | yl hea |
“ | Is BOOK 1198, PAGE 7, MCR ——>y | : ee
|= , |
a —-—-—--+{ 8 )-—---—- aS 1 :
cl 15 L8 Jo, |
S| ‘ on] : '
| | 7 |. |
| | | be |
| | |
\ SITE |
|... a ‘f L6 | iz
MCB5 ‘S
NORTH | Ie
VICINITY MAP (2” = 1 MILE) 24! | Sis
TIN RIE zn
G&SRM | l=
SCHEDULE B ITEMS PER FIRST AMERICAN TITLE AGENCY | Sy,
COMMITMENT ISSUING OFFICE FILE NO.: NCS-916365-PHX1 ; 3 as
IRRIGATION FACILITIES AGREEMENT PER DOCUMENT 1983069415 if
ALL MATTERS SHOWN ON PLAT PER BOOK 1149 PAGE 10 _— -
TRANSMISSION EASEMENT PER BOOK 169 OF DEEDS PAGE 8
Ira) TRANSMISSION EASEMENT PER BOOK 183 OF DEEDS PAGE 599
fel WATER & SEWER EASEMENT PER DOCUMENT 1999485374
ALL MATTERS SET FORTH PER DOCUMENT 201331955
FO} HISTORICAL ROAD MAP PER BOOK 22 OF ROAD MAPS PAGE 84
“po
vr geg°11/49"W 2653.16" \— pop i
\— SOUTH QUARTER CORNER OF wC85 SOUTHEAST CORNER OF
SECTION 8. (BASIS OF BEARINGS) SECTION 8,
TIN: RIE, G&SRM TIN, RIE, G&SRM
ACHH BCHH
LVI: 04-13-2015
x SEE SHEET 2 FOR LINE TABLE **
LVI: 02-03-2005
SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
CS9%FD SURVEY DIVISION
LAND DEPARTMENT
PROPOSED USA EASEMENT
MARICOPA COUNTY
SRP JOB NUMBER: 17-1511-GN |SCALE: NTS
AMP W/O NUMBER: 1000042090 |SHEET: 1 OF 2
AGENT: RAFF IELD SHEET SIZE: 8.5"x11"
DRAWN: GRIER REVISION: 0
SE 1/4. SEC.8
CHECKED BY: DICKEY CREW CHIEF: N/A
T.1 NeoRe1 Es
DATE: 5/18/2022 FIELD DATE: N/A
EXHIBIT
LEGEND
—— — — SECTION LINE
RIGHT OF WAY
ne EXISTING EASEMENT LINE
noe HISTORICAL RIGHT OF WAY LINE
CF LIMITS OF USA EASEMENT
LINE TABLE
LINE BEARING DISTANCE
Li | saget1'4g"w | 104.20'
L2_ | $s9°11'49"W 28.00!
3 | Noo?00'58"W 68.97
L4 | _N89°34'35"E 2.99!
L5 | Noo"00'58"W | 122.78"
L6 | N45°55'09"E gt. 11"
L7__| Noo*06'32"W 7.04!
LB | N45°00'13"E g. 47
Lg | Noo706'31"W | 197.05’
L10_ | N89°53'29"E 24.00!
Lit | soo°06'31"E | 214.47’
Li2 | $45°55'09"H | 105.47’
L413 | soo°00’58"E | 112.43’
L14 | N89°59'02"E 1.01
L15 | $00°00'58"E 68.79"
SALT RIVER PROJECT SNBZ
AGRICULTURAL IMPROVEMENT & POWER DISTRICT SNP ao ET PAM NENY
SRP JOB NUMBER: 17-1511-GN [SCALE: NTS
AMP W/O NUMBER: 1000042090 |SHEET: 2 OF 2 PROPOSED USA EASEMENT
AGENT: RAFF IELD SHEET SIZE: 8.5"x11" MARICOPA COUNTY
‘TDRAWNEZGRIER = TREVISTONS Oe CEFTAT—SEC. B
CHECKED BY: DICKEY CREW CHIEF: N/A T.1 NeeRel Ep
DATE: 5/18/2022 FIELD DATE: N/A
Exhibit "A-2"
EXHIBIT “A”
DESCRIPTION OF REAL ESTATE IN MARICOPA COUNTY,
STATE OF ARIZONA
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION SEVENTEEN (17),
TOWNSHIP ONE (41) NORTH, RANGE ONE (1) EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 17, BEING A 3 INCH BRASS CAP IN HAND
HOLE STAMPED “ARIZONA HIGHWAY DEPT, ELEV STA 19”, FROM WHICH THE NORTH QUARTER CORNER
OF SAID SECTION 17, BEING A 2 INCH ALUMINUM CAP IN A HAND HOLE STAMPED “MARICOPA COUNTY
TIN R1E 1/4 $8 $17 2003 37174”, BEARS SOUTH 89 DEGREES 11 MINUTES 49 SECONDS WEST, A
DISTANCE OF 2653.76 FEET;
THENCE ALONG THE NORTH LINE OF SAID SECTION 17, SOUTH 89 DEGREES 11 MINUTES 49 SECONDS
WEST, A DISTANCE OF 104.20 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID NORTH LINE, SOUTH 00 DEGREES 00 MINUTES 58 SECONDS EAST, A DISTANCE OF
93,00 FEET;
THENCE NORTH 89 DEGREES 11 MINUTES 49 SECONDS EAST, A DISTANCE OF 38.28 FEET;
THENCE SOUTH 00 DEGREES 50 MINUTES 40 SECONDS WEST, A DISTANCE OF 361.19 FEET;
THENCE SOUTH 00 DEGREES 41 MINUTES 55 SECONDS WEST, A DISTANCE OF 486.95 FEET;
THENCE SOUTH 00 DEGREES 18 MINUTES 05 SECONDS EAST, A DISTANCE OF 13.06 FEET;
THENCE SOUTH 00 DEGREES 50 MINUTES 40 SECONDS WEST, A DISTANCE OF 975.10 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF MC 85 DESCRIBED IN DOCUMENT 20190701952, MCR;
THENCE NORTH 89 DEGREES 09 MINUTES 20 SECONDS WEST, ALONG SAID SOUTHERLY LINE, A
DOCUMENT 20190701952, MARICOPA COUNTY RECORDS (MCR); —
DISTANCE OF 23.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF 99TH AVENUE DESCRIBED IN
THENCE ALONG SAID WESTERLY LINE THE FOLLOWING FIVE (5) COURSES;
THENCE NORTH 00 DEGREES 50 MINUTES 40 SECONDS EAST, A DISTANCE OF 579.15 FEET;
THENCE NORTH 89 DEGREES 09 MINUTES 20 SECONDS WEST, A DISTANCE OF 14.49 FEET;
__ THENCE NORTH 00 DEGREES 50 MINUTES 40 SECONDS EAST, A DISTANCE OF 20,00 FEET;
Page 1 of 2
THENCE SOUTH 89 DEGREES 09 MINUTES 20 SECONDS EAST, A DISTANCE OF 14.49 FEET;
THENCE NORTH 00 DEGREES 46 MINUTES 25 SECONDS EAST, A DISTANCE OF 1213.48 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF MC 85 DESCRIBED IN DOCUMENT 20190701952, MCR;
THENCE ALONG THE SOUTHERLY LINE, SOUTH 89 DEGREES 11 MINUTES 49 SECONDS WEST, A DISTANCE
OF 42.92 FEET;
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 00 DEGREES 00 MINUTES 58 SECONDS WEST, A
DISTANCE OF 116.01 FEET TO THE NORTH LINE OF SAID SECTION 17;
THENCE ALONG SAID NORTH LINE, NORTH 89 DEGREES 11 MINUTES 49 SECONDS EAST, A DISTANCE OF
28.00 FEET TO SAID POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINS AN AREA OF 1.06 ACRES(S), MORE OR LESS.
$2224
STAN
DIGKEY
Page 2 of 2
EXHIBIT
(BASIS OF BEARING) POB
ff s8geit'ag"W 2653.76" A 4
ae ne 2521.56' L16 ui POC
NORTH QUARTER CORNER OF NORTHEAST CORNER OF
SECTION 17, SECTION 17,
TIN, RIE, GSSRM TIN, RIE, G&SRM. . -
ACHH TT 7 ~ BCHH
LVI: 04-13-2015 — LVI: 02-03-2005
28.00’
cal
C85 -
~ pes | L3
| | sie}
| | |
wil Ltd
=| : iz
zpo T) are R/W_VARIES PER FOC
S 15 DOC NO 20190701952, MCR .
=| i> (PARCEL PER EXHIBIT C) 2
| | | g
| | ay
! | ' 23.00' R/W PER FOC we
ne ee J 20190701952. MCR =
LOWER BUCKEYE RD (PARCEL PER EXHIBT C-3) Sg
Q
VICINITY MAP (2” = 1 MILE) s, i"
TIN RIE 8
G&SRM =
SCHEDULE B ITEMS PER FIRST AMERICAN TITLE AGENCY
COMMITMENT ISSUING OFFICE FILE NO.: NCS-916385-PHX1
(LQ) ROADWAY EASEMENT PER BOOK 96 OF DEEDS, PAGE 125
ALL MATTERS SET FORTH IN MAP OF ROADWAY DESIGNATION
PER DOCUMENT 2013005132 (BLANKET IN NATURE)
INTERGOVERNMENTAL~AGREEMENT PER DOC 2016243432 (NOT MAPPABLE )
NORTH
L13
L5
#*& SEE SHEET 2 FOR LINE TABLE ¥*
MATCH SHEET 2
SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
CSa82F\ SURVEY DIVISION
LAND DEPARTMENT
SRP_JOB NUMBER: 17-1511-GN_|[SCALE: NTS
AMP W/Q NUMBER: 1000042090 |SHEET: 1 OF 2
AGENT: RAFF IELD SHEET SIZE: 8.5"x11"
DRAWN: GRIER REVISION: 0
CHECKED BY: DICKEY CREW CHIEF: N/A
DATE: 5/12/2022 FIELD DATE: N/A
PROPOSED USA EASEMENT
MARICOPA COUNTY
NE 174. SEC.17
T.1 NeoRe1 Ee
EXHIB
Ly
MATCH SHEET 1
LEGEND
—— — — SECTION LINE ro -
any a)
RIGHT OF WAY
ween eeee HISTORICAL RIGHT OF WAY LINE
C=) LIMITS OF USA EASEMENT _ Lt
ba
Lio
R/W VARIES PER FOC so
DOC NO 20190701952, NCR 8
(PARCEL PER EXHIBIT C) 3
~ SO uy
23.00! R/ ; a
NORTH SOI9OTOGET ACR em
(PARCEL PER EXHIBT C-3) aad
4 6
8
LINE TABLE =
LINE | BEARING DISTANCE
Li] sag°11749"W | __ 104.20" , 7
L2 | s00°00'58"E | 93.00"
13 | Neg*11/49"E | 38.28"
L4_| sooes0’40"W | 361.19" 18
L5 | Soo-4i'55"W | 486.95"
Lé | so0-18'05"E | 13.06"
L7_| soo"50’40"W | 975.10"
L8_| N9*09"20"W | 23.00"
9 | Noo’50’40"E | 579.157
L109 _|_Ne9°09"20"W | 14,49"
Lit | Noo50°40"E | 20.00”
Li2 | $89°09'20"E | 14.49"
L13_| NO0°46°25"E | 1213.47
t14_| seg-4149"w | 42.92"
L15_|NOOP00"S 7016 eT CUA TER OT
Li6 | N89°11'49"E 28.00' TIN, RIE, G&SRM
CF
vis 11-16-2015
SALT RIVER PROJECT N22
AGRICULTURAL IMPROVEMENT & POWER DISTRICT Site aOR SPAM TENS
SRP JOB NUMBER: 17-1511-GN [SCALE: NTS
ANP W/O NUMBER: 1000042090 SHEET: 2 OF 2 PROPOSED USA EASEMENT
AGENT: RAFFIELO SHEET SIZE: 8.5 "x11" MARICOPA COUNTY
~PORAWN: GRIER “=> |REVISION? 0 ONE TAN SECT
CHECKED BY: DICKEY
CREW CHIEF: N/A
T.1 NeeRo1 E.
DATE: 5/12/2022
FIELD DATE: N/A