HomeMy WebLinkAboutProperty #: P19-034 - 8/29/2019 WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB348
P. O.Box 52025
Phoenix,Arizona 85072-2025
IRRIGATION EASEMENT P19-0341
Maricopa County R/W#4 Agt. PJH
Job#LJ51858r
Wt'[ C CSV
KNOW ALL MEN BY THESE PRESENTS:
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 a part hereof.
Grantor shall 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.
Grantee shall have the right,but not the obligation,to erect,maintain and use gates in all fences which
now cross said rights of way 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 for
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.
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 further
subject to the following covenants,restrictions and conditions:
I. 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 repair, 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.
4. Grantor shall warrant and defend the rights,easements and privileges hereby granted and the priority of
this easement against all persons whomsoever.
IN WITNESS WHEREOF,THE CITY OF GLENDALE,an Arizona municipal corporation,has
caused its name to be executed by its duly authorized representative(s)this -Sitt day of (Xu9u.St ,
.
THE CITY OF GLENDALE,
an Arizona municipal corporation
By: ///ail /fes Q
Its: 111 rylocIVA9f,r
APPROVED AS TO FORM:
C i
City A/• '•r the City of
Glendale
STATE OF I nip )
COUNTY OF Al an cv pa, )
Qn this 2-,D day of 0(,15 t, �j9,before i, e,the undersigned,personally appeared
C1T�{ 11 F . rile pS `J , as 0' in Gf//7f , of THE
OF GLENDALE, ah Arizona municipal corporation( and such uthorized representative
acknowledged that this document was executed on behalf of the corporation for the purposes therein
contained.
Notary.jI
My Commission Expires:
hAtkf q 31, a0A3
J
•, .• DEANNE TORRES
IP vow Public-Stats a mimosa
:, MARICOPA COUNTY
G- :`4i;!
`4' Commission t 583256
Oi n O' Expires May 31,2023
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 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections
11-1134(A)(2) and (A)(3).
20' SRP IRRIGATION EASEMENT
LEGAL DESCRIPTION
EXHIBIT 'A'
A PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE
1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5 MONUMENTED BY
AN MCDOT BRASS CAP FLUSH AT THE INTERSECTION OF GLENDALE AVENUE AND
99th AVENUE;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE SOUTH
LINE OF SAID SECTION 5 AND THE CENTERLINE OF GLENDALE AVENUE, 1269.91
FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 35.00 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 62.00 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 20.00 FEET TO A
POINT ON THE NORTH LINE OF THE SOUTH 55 FEET OF SAID SECTION 5;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID NORTH
LINE, 62.00 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 13.00 FEET TO A
POINT ON THE NORTH LINE OF THE SOUTH 68 FEET OF SAID SECTION 5;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID NORTH
LINE, 20.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 33.00 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 20.00 FEET TO THE
POINT OF BEGINNING.
t.AND
I y
z.
U0 to
C' 17516
GARY E. A
STOC ER
° i Site Consultants, Inc.
ior �r F sicNEDS' 113 S. Rockford Drive, Tempe Arizona 85281
9'4/ 0NAv�P Tele: 480-894-2820 Fax: 480-894-2847
SCI #2030 SCALE: N.T.S. DATE: 5-26-2016
EXPIRES 6-30-2015 PAGE 1 OF 2
20' SRP LEGEND
IRRIGATION EASEMENT PROPOSED IRRIGATION EASEMENT
EXHIBIT 'A' — — LOT/RIGHT OF WAY LINE
Site Consultants, Inc. — CENTER LINE
113 S. Rockford Drive, Tempe Arizona 85281 FND. FOUND
Tele: 480-894-2820 Fax: 480-894-2847 P.O.B. POINT OF BEGINNING
SCI #2030 SCALE: N.T.S. DATE: 5-26-2016 R.O.W. RIGHT OF WAY
PAGE 2 OF 2
LINE TABLE
PROPOSED 20' SRP LINE DIRECTION DISTANCE
L5 ,_ IRRIGATION EASEMENT
L1 N90'00'00'W 62.00'
1- I —
— L3 -J4-
SAL ,v\CAN 6, L2 L2 NO'00'00'E 20.00'
N I I .' < yo v.` L3 N90'00'00"E 62.00'
L - - - 17516 0
cc GARY E. 70 L4 NO'00'OO"E 13.00'
Ll -01
NPOB
', 9T STOER .
20' SRP EASEMENT if'\v, S/GNE4y•
P I L5 N90'00'00"E 20.00'
_ I "P/ZONA, 0•S '.
L6 SO'00'00"E 33.00'
— — - 1269.91' EXPIRES 6-30-2016
DETAIL "A" L7 N90.00'O0"W 20.00'
PROPOSED USA FEE ' '/ I
/ I � �
o Z
DETAIL "A" PROPOSED 20' SRP N
LLI
\ IRRIGATION EASEMENT PROPOSED ,,
Si 7 � 68' R.O.W. J IN Q
il.
_-- P.O.BJ — 1269_91' — — — -
/ N90'00'00'W 2640.78' S.E. COR, SEC 5,
W. GLENDALE AVE. FND.2BRASS CAPSRB M,
EXHIBIT B REV
NO. DATE
( PAGE I OF 2) 5 06/08/11
DWG REFERENCED
MAINTAIN MINIMUM FROM ORIGINAL
VERTICAL CLEARANCE 2' _0" WES-ROWGU(DE
-0 PIPE
2' — MIN.
MINIMUM O. D.ODTYPICAL EXCAVATION FOR
SRP IRRIGATION PIPE
r SEE NOTE 3
�f I `IIIII-Ll J U
Iii _II— I�
=ifi I�;n ESRD
—�- w
I1 �1 ill_n1—I-
TI—�l
UNDERC ROSS I NG --111-1"
—111— UTILITY 1=111
9119_1_1=1J1=-11=iI1-1I1� R�'r��I1=
PIPELINE - UTILITY CROSSING
2' -0" 2' -0"
MINIMUM PIPE MIN.
0. 0. TYPICAL- EXCAVATION FOR
SRP IRRIGATION PIPE
---SEE NOTE 3
—_- 11=111 -
1.
III=
1F 1-
III- SRP i=rii
PIPE —__
111- 1 i1 l
It—
PARALLEL
AREA BELOW SRP --n UTILITY
IRRIGATION PIPE
SEE NOTE 3
PIPELINE - PARALLEL UTILITY
4' -0" CLEAR
�wz MINIMUM
--NU�
R_ETE.NT ION
1TI — BASIN SII
SRP
� P I PE —u— — —u—
I I I1 !
PIPELINES - RETENTION BASIN
{
EXHIBIT B REV
NO. DATE
( PAGE 2 OF 2) 5 06/08/Il
4' -0" r DWG REFERENCED
MINIMUM CLEARANCE ' FROM ORIGINAL
AROUND ALL SRP IRRIGATION WES-ROWGUIDE
SRP IRRIGATION STRUCTURE/FACILITY
STRUCTURES/FACILITIES
( TYPICAL)
J
IRRIGATION
STRUCTURE/FACILITY
CLEARANCE
OUTSIDE
DIAMETER/ ; ;,.'
PERIMETER 1► `�
OF MATURE /A `.
TREE /
CANOPY yy/
1\ 111,40P
SRP R/W
SEE NOTE 4
-,
mom. a
IT- -�i-
SRP
PIPE ITI
EDGE OF
II- .,. EXCAVATION
FOR ROOT BALL
PIPELINES - LANDSCAPING
NOTES
I. THESE GUIDELINES ARE PROVIDED AS A GENERAL AID TO PLANNING. ACTUAL SRP
REOUIREMENTS MAY VARY BASED ON SITE-SPECIFIC CONDITIONS, OPERATIONAL
CONSIDERATIONS, ETC.
2. AN SRP LICENSE IS REQUIRED FOR UTILITIES CROSSING/PARALLEL TO SRP
IRRIGATION PIPE IN SRP RIGHT-OF-WAY. SRP REQUIRES ENGINEER DESIGNED
UTILITY CROSSING/LOCATION AND EXCAVATION PLAN.
3. OTHER UTILITIES ARE NOT PERMITTED IN THESE AREAS.
4. SRP MAY LICENSE LIMITED USES OF ITS RIGHT-OF-WAY SUCH AS PARKING.
SIDEWALK, LAWN, ETC. POLES, STRUCTURES AND TREES ARE TYPICALLY NOT
PERMITTED IN SRP RIGHT-OF-WAY. INCLUDE DESIGN DRAWINGS FOR PROPOSED
USE WHEN SUBMITTING REQUEST TO SRP FOR LICENSE.
5. REQUESTS FOR SRP LICENSES ARE HANDLED ON A CASE-BY-CASE BASIS. CONTACT
SRP AT 602-236-5799 REGARDING LICENSES FOR SITES LOCATED NORTH AND
SOUTH OF THE SALT RIVER.
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
When recorded mail to: HELEN PURCELL
City Clerk, City of Glendale ELECTRONIC RECORDING
20160637888, 016
5850 West Glendale Avenue 0-1 04:47,
03000-13-1-1-
Glendale, Arizona 85301 -1--A,N
RECORDATION FOR THE PURPOSE OF CORRECTION
BY
THE CITY OF GLENDALE
Ordinance NO. 3000 NEW SERIES
The attached RE-RECORDING of ORDINANCE No. 3000 SUPERCEDES the
previously recorded document contained in the Official Records of
Maricopa County Recorder, Helen Purcell,
Reference Number 20160612934, recorded on 08/25/2016, at 02:37.
The document is being re-recorded for the reason that the Certification of
the Ordinance states the incorrect name for the City Clerk.
Dated: September 1, 2016
ORDINANCE NO. 3000 NEW SERIES
JERRY P. WEIERS
MAYOR
ATTEST:
JULIE K. BOWER STATE OF ARIZONA )
City Clerk County of Maricopa ) ss
City of Glendale )
(SEAL)
APPROVED AS TO FORM: I, the undersigned, Julie K. Bower,being the
duly qualified City Clerk of the City of
Glendale, Maricopa County,Arizona,certify
MICHAEL D. BAILEY that the foregoing Ordinance No. 3000 New
City Attorney Series is a true, correct and accurate copy of
Ordinance No. 3000 New Series,passed and
adopted at a regular meeting of the Council
of the City of Glendale,held on the 9th day
of August, 2016,at which a quorum was
present and voted in favor of said Ordinance.
REVIEWED BY:
Given under my hand and seal this 1g day of
September, 2016.
KEVIN R. PHELPS
City Manager
CITY CLERK
ICIAL RECORDS •
MARICO' COUNTY : ' ORDER
Recorded by: HEL- P ' LL
City Clerk ELECTRON ':•' CORDING
City of Glendale 2016061272 ,08/2 I 166 02:37,
5850 West Glendale Avenue
Glendale,AZ 85301-2599
ORDINANCE NO. 3000 NEW SERIES
JERRY P. WEIERS
MAYOR
ATTEST:
JULIE K. BOWER STATE OF ARIZONA )
City Clerk County of Maricopa ) ss
City of Glendale )
(SEAL)
APPROVED AS TO FORM: I, the undersigned, Pamela Hanna,being the
duly qualified City Clerk of the City of
Glendale, Maricopa County,Arizona, certify
Michael D. Bailey that the foregoing Ordinance No. 3000 New
City Attorney Series is a true,correct and accurate copy of
Ordinance No. 3000 New Series,passed and
adopted at a regular meeting of the Council
of the City of Glendale,held on the 9th day
of August,2016, at which a quorum was
present and voted in favor of said Ordinance.
REVIEWED BY:
Given under my hand and seal this 25th day of
August, 2016.
Kevin Phelps
City Manager
CITY CLERK
ORDINANCE NO. 3000 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA,
AUTHORIZING THE EXECUTION OF AN IRRIGATION
EASEMENT IN FAVOR OF SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT
LOCATED ON GLENDALE AVENUE WEST OF 99TH
AVENUE; AND DIRECTING THE CITY CLERK TO RECORD
A CERTIFIED COPY OF THIS ORDINANCE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That the City Council approves an easement and all the terms and
conditions, and directs that the City Manager for the City of Glendale execute said document
granting Salt River Project Agricultural Improvement and Power District an irrigation easement
upon, across, over and under the surface of certain property located within existing City property,
in the form attached as Exhibit A. The legal description is contained in the Easement.
SECTION 2. That the City reserves the right to use the easement premises in any manner
that will not prevent or interfere with the exercise by said property owner of the rights granted
hereunder; provided, however, that the City shall not obstruct, or permit to be obstructed, the
easement premises at any time whatsoever without the express prior written consent of the
property owner.
SECTION 3. That the City Clerk is instructed and authorized to forward a certified copy
of this ordinance and exhibits for recording to the Maricopa County Recorder's Office.
[Signatures on the following page.]
PASSED, ADOPTED AND • "ROV D by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona,this • d• f August, 2016.
OR
ATTEST:
e �
Cr Clerk (SEAL)
APPROVED AS TO FORM:
._ o:-
Ci • ey
REVIEWED BY:
City anager