The URL can be used to link to this page

Home My WebLink AboutProperty #: P18-031 - 6/12/2018 P 18-031 Contract No. 17LE324168 Case No, 16-017 Exempt per A.R.S. § 11-1134 A.3. DUPLICATE RIGINAL 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 the CITY OF GLENDALE, an Arizona municipal corporation, 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 an irrigation facility acquired for a project purpose to a piped irrigation facility- at acilityat a new location; and, 2 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 real property interest no longer needed for project purposes; and, WHEREAS, the United States will release its interest, if any,,in and to the real property interest no longer needed by Quit Claim Deed, Contract No. 17LE324169 to Grantor, Westside Land, LLC, an Arizona limited liability company, HV & Canal, LLC, a Delaware limited liability company, 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 following grant and mutual covenants by and between the parties: 1. Grantor does hereby grant unto the United States, its successors and assigns, a perpetual easement to construct, reconstruct, operate and maintain certain water distribution system pipelines, as part of the SRP 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 Exhibit "A" attached hereto and by this reference made a part hereof. 3 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 SRP,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, uponor across said • right-of-way described in Exhibit "A." 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 Exhibit "A" under the following conditions: (a) The United States shall have the right to use the subject land for ingress and egress at 4 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 Exhibit "A," 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, which do not or could 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 Exhibit "A" 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. 5 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. 6 IN WITNESS WHEREOF,the parties hereto have signed their names the day and year first above written. CITY OF GLENDALE, an Arizona municipal corporation By: �' � "741' Title: El ( m an oil e,r UNITED STATES OF AMERICA By: a. . slie A. Meyers Area Manager Phoenix Area Office Bureau of Reclamation Approved as to form City Att ATTEST; _ ity Cler 7 Contract No. 17LE324168 Case No. 16-017 ACKNOWLEDGMENT State of Arizona ) ) ss. County of Maricopa ) On this /3 day of \Ju nk , Vie ,before me, b-0114neI yr 7 , a Notary Public in and for said County and State, personally appeared . i&i/I A. Adps , 1 / / /2f,9 t on behalf of CITY OF GLENDALE, an Arizona municipal corporation,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. at., ,p,3 DEANNE BURT w„, . Notary Public-Stete otAr ona MARICOPACOUNTY ' — • MyCommission Expires May 31,2019 91, --. - C6r0U-- --- o ary 'ublic in and foil said County and State 8 Contract No. 17LE324168 Case No. 16-017 ACKNOWLEDGMENT State of Arizona ) ) ss. County of Maricopa) On this PA day of 7.7 (7UOit , 07(7, ,before me, /0/60/R dLdita i , a Notary Public in and for said County and State personally appeared (mss//_ , N/e'.S ,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 that h-"executed the same on behalf of the United States in the capacity therein stated and for the purpose therein contained. 4 NICOLE C. QUAMEN ,� ,, Notary Public-Arizona eya / �•� Maricopa County eataezei My Comm.Expires Aug 13, 2019 - Notary Public in and for said County and State August 16, 2016 Job No. 121105 Exhibit "A" Description of Real Estate in Maricopa County, State of Arizona A parcel of land situated in a portion of the Northwest quarter (NW 1/4) of Section Thirty six (36), Township Three (3) North, Range One (1) East of the Gila and Salt River Meridian, Maricopa County, Arizona, containing an area of 0.02 acre, more or less, and being more particularly described as follows: Commencing at the North quarter corner of said Section 36, being a found brass cap in hand hole from which a found brass cap in hand hole marking the Northwest corner of Section 36 bears South 89 degrees 05 minutes 06 seconds West, 2648.99 feet; Thence along the East line of the Northwest quarter of said Section 36, South 00 degrees 13 minutes 04 seconds West, 1276.95 feet to the Point of Beginning; Thence continuing South 00 degrees 13 minutes 04 seconds West, 21.41 feet; Thence South 69 degrees 17 minutes 43 seconds West, 38.65 feet; Thence South 88 degrees 58 minutes 48 seconds West, 3.90 feet to a point on the West line of the East 40.00 feet of said Northwest quarter of Section 36; Page 1 of 2 Legal Description Job No. 121105 Proposed USA Easement-2 August 16, 2016 Page 2 of 2 Thence along said West line, North 00 degrees 13 minutes 04 seconds East, 20.00 feet; Thence North 69 degrees 17 minutes 43 seconds East,.42.82 feet to the Point of Beginning. jo..,:s A . .., rfoorio.„, ow,c47, (,..23 r & 36470 Q 4, cn LI ROBERT J. p BLAKE :a tc �/T' y�p ‘94 :—.1-.11N.5 1\a, /ft S: 03-3\'lvO EX H B IT PROPOSED USA EASEMENT PROPERTY W. OLIVE AVENUE S89°05'06'W 2648.99' N89°05148"E 2649.87' (BASIS OF BEARINGS) T N 1/4 CONE COR NW COR SEC 36 SEC 36 SEC 36 T3N, R1E T3N, R1E T3N, R1E FD BCHH .. ------ G&SRM FD BCHH G&SRM G&SRM LOCATION MAP 2"= 1 MILE in N LINE TABLE LINE LENGTH BEARING w L1 21 .41 SO0'13'04'W o 00 Z L2 38.65 S69'17'43"W — — — — _ — — — C w L3 3.90 S88'58'48"W o N Q L4 20.00 NO0°13'04'E L5 42.82 N69°17'43'E o n - z 5 MAP OF DEDICATION con BOOK 991 , PAGE 8, M.C.R. 40 POB HIGHWAY EASEMENT R/W DKT 15362, PAGE 302, M.C.R. ..- �� JI g- I i'L2 /01-1 / L3 o k;�owicAr, GSL 40' K5 SQ C 36070 29r.7) /'- w ROBERT J. p C. ,:ii BLAKo�\�a CENTER JOB #1T.S. 1 105 Sly ed SEC 36 F+A �R/ P APRIL 13, 2017 �OONA,U5 Nc� T3N, R1 E FD ALUM. CAP ARES. 0331 FLUSH G&SRM 0000 Clouse Engineering, Inc. EDEE ENGINEERS ® SURVEYORS EE 1 0;,