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Home My WebLink AboutProperty #: P17-014 - 6/27/2017 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES 20170566180 08/01/2017 03:46 WHEN RECORDED MAIL TO: ELECTRONIC RECORDING 201758943-8-1-1-- SALT RIVER PROJECT Hoyp Land Deparhnent/PAB348 P.O.Box 52025 Phoenix,Arizona 85072-2025 IRRIGATION EASEMENT Maricopa County R/W# 24 Agt.MEK W � 63 C9�,�, 1 KNOW ALL MEN BY THESE PRESENTS: C17-0562 06/27/2017 That --. . - CITY OF GLENDALE,("Grantor"), an Arizona municipal corporation FOR AND IN CONSIDERATION OF THE SUM of One Dollar,and other valuable consideration,receipt of which is hereby acknowledged,does hereby grant to the SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, ("Grantee"), an agricultural improvement district organized and existing under the laws of the State of Arizona,its successors and assigns,for itself and on behalf of the United States of America and as manager of the federal Salt River Reclamation Project,the right, easement and privilege to construct, reconstruct, operate and maintain an irrigation pipeline and irrigation turnout structure together with all the necessary and appurtenant facilities through, over,under and across the following described property: Exhibit"A"attached hereto and made by reference a part hereof. Grantor shall not convey any easements or grant any permits within the easement areas in which the facilities do not comply with the specifications shown in Exhibit B attached hereto and by this reference made apart hereof._ Grantor chall not erect, construct or permit to be erected or constructed any building or other structure,plant any trees,drill any well,install swimming pools,or alter ground level by cut or fill,within the limits of said rights of way,which do not comply with said Exhibit B. 20170566180 Grantee shall have the right,but not the obligation,to erect,maintain and use gates in all fences which now cross said easement 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. The Grantee shall at all times have the right of full and free ingress and egress to said easement fix the purpose heretofore specified. Grantor and Grantee acknowledge that from time to time Grantee may find it necessary to construct, reconstruct, operate and maintain irrigation facilities and appurtenant conveniences lying within the easement areas. Grantor shall pay Grantee all costs and expenses of any relocation of the irrigation facilities requested by Grantor, including but not limited to, the relocation of the facilities into the easement area described above. Grantee shall pay all costs and expenses of any relocation of the irrigation facilities requested by Grantee. In the event the right,privilege and easement herein granted shall be abandoned and permanently cease to be used for the purpose herein granted, all rights herein granted shall cease and revert to the Grantors,their heirs or assigns. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and shall be binding on the heirs,successors in ownership and estate,assigns and lessees of the respective parties hereto. Notwithstanding any of the aforesaid provisions,the easement rights granted herein shall be farther subject to the following covenants,restrictions and conditions: 1. Grantor reserves the right to construct, install, operate, maintain,repair,replace and reinstall surface parking areas, driveways, roadways, sidewalks, curbs and gutters, landscaping, irrigation lines and street lighting on the surface of the easement areas. 2. Grantor reserves the right to construct and install public utilities,and to grant easements and permits for public utility purposes,in,upon,under,over and across the easement areas,subject to compliance with the specifications shown in Exhibit B attached hereto and by this reference made a part hereof. 3. In the event that any repar, maintenance, replacement or installation of the irrigation facilities and appurtenant conveniences will cause a disturbance or a disruption of any public street or paved roadway, Grantee shall notify Grantor,pursuant to existing practices,before Grantee undertakes any such action. In the event of an emergency, Grantee shall have use of any public street or paved roadway as it reasonably deems necessary and appropriate to correct,repair,replace or reconstruct irrigation facilities affected by the emergency and notify Grantor,pursuant to existing practices, as soon as practical after responding to the emergency. Grantee shall provide for advance warning signs,barricades,flagmen,flares,and other devices when necessary to protect the roadway user as set forth in the"Manual on Uniform Traffic Control Devices" and any amendments and/or revisions thereto. If Grantee performs excavation activities on the easement areas and Grantee damages any improvements of Grantor that are in compliance with Grantor's requirements hereunder, Grantee will promptly restore such improvements to as close to their condition prior to such damage as is reasonably possible at the expense of Grantee. 4. Grantor shall warrant and defend the rights,easements and privileges hereby granted and the priority of this easement against all persons whomsoever. 20170566180 5. Grantor represents and warrants that it has the right,power,and authority to enter into and perform this Agreement and to grant Grantee the rights to use the FAcamPat Area as described herein. If Grantee's right to use the Easement Area,in accordance with the provisions of this Agreement is challenged,Grantor shall take all actions necessary to allow Grantee to continue to use the Easement Area for its Facilities with the same rights and privileges as described in this Agreement. If Grantor determines to abandon the right of way in which the Easement Area is located ("Abandoned ROW"),Grantor shall cause the new fee tittle owner of the Abandoned ROW to grant,or otherwise acknowledge the existence of,a first priority easement vested in Grantee,authorizing Grantee's use of the Easement Area as described herein. To the Extent not prohibited by law or expressly excepted herein,the City of Glendale,an Arizona municipal corporation(and any successor public body designated by or pursuant to law),shall indemnify,release and hold harmless,Grantee,Salt River Project Agricultural Improvement and Power District,Salt River Valley Water Users' Association and the United States of America ("Indemnities") and the directors, officers, employees,agents,successors and assigns thereof;against and from any damage, loss, cost, expense suit, fine,penalty or liability of every kind or nature("Liabilities"),regardless of whether caused in whole or in part by one or more indemnities,as a result of any claim, demand, lawsuit or action of any kind whether such Liabilities are to person or property,arising out of,resulting from or caused by any defect of deficiency in(i)Grantor's right,power,or authority to grant Grantee the rights to use the Easement Area as described herein,or(ii)Grantor's title to the real property underlying the Easement Area,including but not limited to any Liabilities relating to claims of trespass or inverse condemnation. Such obligation to indeemify shall extend to and encompass all costs incurred by indemnities in defending against such claims, demands, lawsuits or actions,including but not limited to attorney, witness and expert witness fees, and any other litigation related expenses. The provisions of this Section shall survive termination of this Agreement. 20170566180 IN WITNESS WHEREOF,TEE CITY OF GLENDALE,an Arizona municipal corporation,has caused its name to be executed by its duly authorized representative(s)this day of THE CITY OF GLENDALE, an Arizona municipal corporation By: Its: fle 94.9 v,>4fo4S✓ APPROVED AS TO FORM: City A for the sty of S City Clerk Glendale STATE OF Arl 2,, vux �ss. COUNTY OF f octet t pg On this day of I �rem ,the dersigned,,pe15onally appeared ' f WI 1pa/�SJ l7 , as /LB"s3 l4/1T �� hl Th89'1/( THE CITY OF GLENDALE, Arizona municipal corporation, and such ai(thorized �tative acknowledged that this document was executed on behalf of the corporation for the purposes therein contained. 411), Notary Pub My Commission Expires: �+ 3 a , 2o)9 et; DEANNEBURT My cannidm ESs Mry 81,2019 Notary Stamp/Seal Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S.Sections 114132 and 11-1133 pursuant to the exemptions set forth in A.R.S.Sections 11-1134(A)(2)and(A)(3). 20170566180 Cr EPS GROUP Exhibit"A" Legal Description SRP Easement Westgate Village Job No. 15-297 March 13, 2017 A parcel of land situated in the west half of the Northeast Quarter of the Northwest Quarter of Section 10, Township 2 North, Range 1 East, of the Gila and Salt River Meridian, described as follows: COMMENCING at a 3 Inch Maricopa County Aluminum cap flush at the at the Northwest section corner of Section 10, Township 2 North, Range 1 East from which a 3 Inch Maricopa County Highway Department brass cap in a handhole at the North quarter corner of said Section 10 bears North 89 degrees 28 minutes 20 seconds East, a distance of 2655.13 feet; thence North 89 degrees 28 minutes 20 seconds East, 1,659.45 feet along said north line to the northwest corner of the northeast quarter of the northwest quarter of the northeast quarter of the northwest quarter of said section; thence South 0 degrees 10 minutes 25 seconds East,45.00 feet to the POINT OF BEGINNING; thence North 89 degrees 28 minutes 20 seconds East, 165.94 feet; thence South 0 degrees 10 minutes 12 seconds East, 10.00 feet; thence South 89 degrees 28 minutes 20 seconds West, 165.94 feet; thence North 0 degrees 10 minutes 25 seconds West, 10.00 feet to the POINT OF BEGINNING. Containing an area of 1,659 square feet or 0.0381 acres, more or less. LAND 51973 AMOK RAY IOQIALENKO O \ s \ %AS.. \p�RES 033\{�1 EPS Group, Inc. •2045 S.Vineyard,Suite 101•Mesa,AZ 85210 Tel (480)503-2250•Fax(480) 503-2258 S:\Projects\2015\15-297\Legal Survey\Legals\15-297-NEW SRP 3-LEGALdocx 20170566180 P.O.C. NORTH 1/4 COR. NW COR. SEC. 10, T.2N., R.1E.,4 SEC. 10, T.2N., R.1E., M.C. ALUMINUM CAP FLUSH GLENDALE ROAD M.C.H.D. BRASS CAP IN HANDHOLE _ N89'28'20"E 2655.13' 1,659.45' — — 995.67' P.O.B.- : L2 Jl in tai - - -L4 1 I / 65.00' Q w R/W 2 k z °° z I I LINE TABLE LINE BEARING LENGTH �.`�ato LANDS .4 LI 50010'25"E 45.00' sins L2 N89'26'20"E 165.94' AARON RAY MICHALENKOy,�1 L3 500'10'12"E 10.00' %Sicne0" L4 569'28'20"W 165.94' pREEss 13 ` 313`1L5 NOO10'25"W , 10.00' /N4ORT�H�yp SCALE: 1"=120' 1SHEET 1 OF 1 WESTGATE VILLAGE SRP EASEMENT DEDICATION GROUP 20170566180 . 1 EXHIBIT B IS G (PAGE I OF 2) 6 06/OWll • DWO EFERENCED FROM-OORIGIIN E I AL CL., n cin r-m MINIMUM ' ' ' WIN. ___1IIRBoo RRIGATION7PIPEf� E 3 Ilc�ll [[ ilii Id ext-, 4-jll II If l -i-1 11,--,1 PRP IlIP t�ll. r ii0:17�W- z II., x,11- di. IICIIG 1‘. � �{ {� lei „--li .TIMI IIF G =11=1.IIKI PIPELINE - UTILITY CROSSING ' 6 MINIMUM lain MIN' EXCAVATIONFORSRE SmL IRRIGATION elk, I. l 46- I, 1, SRP .1- m. PIP A .'m prir 1 e PARALLEL IRR OATIION PIPE UTILITY SEE NOTE 3 PIPELINE - PARALLEL UTILITY Ia 4'-0' CLEAR ol�z MINIMUM 345 .tI ; 31 .I 4. ill : SRP ,c ` 11_ PIPE -rIP- *-=.111 ht T PIPELINES - RETENTION BASIN 20170566180 EXHIBIT B DATE (PAGE 2 OF 2) 5 women DWGREFERENCED MINIMUM CLEARANCEFROM ORIGINAL AROUND ALL SAPTRUCTURFiFACILtTY WES-ROWGUIDE SRP IRRIGATION T STRUCTURES/FACILITIES IRRIGATION STEACILITY CLEARANC OUTSIDE PERIMETER-PI � OF MATURE CANOPY / I II SRP 1--II Il:li PIP EDGEVOFION FOR ROOT BALL PIPELINES - IANISCAPINO NOT I. REEOUIREMEMENTSIMAY ARE YPBBAASED ON SITE SPPECIFICICONDITIOONS,PLANNING. ONNALRP CONSIDERATIONS. ETC. 2. AN SRP LICENSE IS REQUIRED FOR UTILITIES CROSSING/PARALLEL TO SRP UTILITYICROSSSING/LOCATIRIGHT-OF-WAY. N AND EXCAVATION REQUIRESPENGINEER DESIGNED S. OTHERUTILITIES BARE NOT PERMITTED INTHESE AREAS.�A 4, S DEWALK. LAWN.E ETC.ETC POLITED ESESSTRUCTURESaAADND TREES SUCH AS USES WHEN�SUBMITTINGGREQUESTATO INCLUDE FOR LICCENSE.AWINOS FOR PROPOSED S. REQUESTS FOR 5RP LICENSES ARE HANDLED ON A CASE-BY-CASE BASIS. CONTACT 51W AAT G2.235 -57 9 RE�DING LICENSES FOR SITES LOCATED NORTH AND