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HomeMy WebLinkAboutProperty #: P20-002 - 1/14/2020 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES 20200088371 01/31/2020 03:25 ELECTRONIC RECORDING WHEN RECORDED MAILTO: 202063302-9-1-1-- brodiek SALT RIVER PROJECT Land Department/PABl OW P. O.Box 52025 Phoenix,Arizona 85072-2025 IRRIGATION EASEMENT P 20-002 — Maricopa County Agt. PAR Parcel#67th Ave.and Thunderbird JobILLJ74218 / SW'/,SEC.07,TO3N,RO2E W / , C 1 R/W# 54A MOW 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,repair,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 easement,which do not comply with said Exhibit B. 20200088371 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 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. 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 further 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 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. 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. 20200088371 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 22- day of dC4'itrt i , Zozo . r THE CITY OF GLENDALE, an Arizona municipal corporation By: e�� '� Its: I Tl, manc1 APPROVED AS TO FORM: . allow A, 40 i - - _ 41i - ----. City A!ome "or the Cit • - City Clerk Glendale - STATE OF A{� ( Z-Q not ) COUNTY OF Mari co p a ))s. ! I On this 2 2—„clay of J , /f" 21120 , before me the undersigned,personally appeared 14eN 111 !Q, 1� {�S , as (� 44 qua $V' , of THE CITY OF GLENDALE,an Arizona municipal corporation,and such a&thorized reesentative acknowledged that this document was executed on behalf of the corporon,or e purposes therein contained. .,__"../ Notary Pu'- My Commission Expires: hi_ av 3 ( 2-07-3 v t� DEANNE TORRES �`G NotnryPubhc-Statoo1Ar¢otta MARICOPA COUNTY ©j x`W�-` CommissEon d 563255 4t,F9 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). SixodfonwAhver.laigarla,Ok d,- 20200088371 EXHIBIT A 20200088371 EXHIBIT A LEGAL DESCRIPTION IRRIGATION EASEMENT GREENWAY ROAD W w w 0 k � PLAN NORTH SITE 11111 THUNDERBIRD ROAD A PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. LEGEND PROPOSED EASEMENT SECTION LINE PROPERTY LINE • PROPERTY CORNER MILLER & SONS SURVEYING ,:; 16600 W.BRILES ROAD,SURPRISE,AZ 86387 ' I r►� ~�'�'` PH:(623)875-1200 F:(623)875.3777 do E-MAIL PAUL@IYIILLERANDSONSSURVYING.COM - TF '21-co C9 34559 1.1 JOB NO: 0096 PMIILER A9 JOB NAME: 67TH Sc THUNDERBIRD SCALE: 1 "=100' 0,"-100' °f PLAN TYPE: SRP EASEMENT DATE: 9/24/19 �9'�'iZp �evc�P PAGE: 1OF3 �p/REs' 3'5 20200088371 THAT PART OF THE A PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 7 AT THE FOUND BRASS CAP IN HANDHOLE; THENCE NORTH 01 DEGREES 02 MINUTES 00 SECONDS EAST, ALONG THE CENTERLINE OF 67TH AVENUE, A DISTANCE OF 55.78 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 88 DEGREES 58 MINUTES 00 SECONDS EAST, A DISTANCE OF 72.22 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 55 MINUTES 17 SECONDS EAST, A DISTANCE OF 393.71 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 14 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS WEST, A DISTANCE OF 393.72 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 43 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. MILLER & SONS SURVEYING 15809 W.BRILES ROAD,SURPRISE,AZ 85387 / PH:(623)876-1200 F:(623)875-3777 �A,� " do L E-MAIL PAUL@MILLERANDSONSSURVYING.COM c� 34559 �-� G.1 O JOB NO: 0096 :mANI LLJOB NAME: 67TH & THUNDERBIRD SCALE: NTS ° •02PLAN TYPE: SRP EASEMENT DATE: 9-24-19 9�� %9ea..•••'�Q• PAGE: 2 OF 3 ��A/RES 3 .5'\ 20200088371 EXHIBIT A LINE BEARING DISTANCE 1 S88'58'00"E 72.22' 2 _ 589'55'171'E 393.71' WEST 1/4 COR. 3 S00'02'14"W 20.00' SEC.7 T.3N.,R.2E. FND.BRASS CAP 4 N89°55'17"W 393.72' IN HAND HOLE 5 N00'04'43"E 20.00' 6 N01'02'00"E 55.78' 6.00' S 89°6T20"E 396.05'(M) I g Q, b q W o o W � D oo N N fV;-- cg O Q o O R7 N W R Z N O4 i o 0 m 0 o CO 85.00' z IRMI 4 PLAN 6'6, t3�',, NORTH •os,,Qa. �L1 ' POINT OF BEGINNING N 89°57 L2 L3 '1 8"W 360.74'M L5 8 L6 85 00' L4 (DS 89'57'18"E S 89°57'16"E I 9'M 4,. 2D1T.64'� SOUTH 1/4 COR. SOUTHWEST COR. S 89486.8°57'18"E 2464.52(M) SEC.7 T.3N.,R.2E. THUNDERBIRD ROAD SEC.7 T.3N.,R.2E. FND.BRASS CAP FND.BRASS CAP IN HAND HOLE FLUSH MILLER & SONS SURVEYING 4/ 16609 W.MILES-ROAD,SURPRISE,AZ 85387 A. . - :� �/,QG PH:(823)876-1200 F:(623)875-3777 E-MAIL PAUL@MILLERANDSONSSURVYING.COM C9 0 34559 �'4- Li 0 JOB NO: 0096 MLLES �9 JOB NAME: 67TH & THUNDERBIRD SCALE: 1 "=100' a'fBS9',� � PLAN TYPE: SRP EASEMENT II,/ A, • DATE: 9-24-19 F Ine �� ti` PAGE: 3 OF 3 �AlRES 3 1 1 20200088371 EXHIBIT B REV N0. DATE ( PAGE I OF 2) 6 12/05/18 DWG REFERENCED MAINTAIN MINIMUM _ FROM ORIGINAL VERTICAL CLEARANCE4, _Oo WES-ROWGUIDE 4, -0° > 4 PIPE , . MIN. MINIMUM 0' D' TYPICAL EXCAVATION FOR SRP IRRIGATION PIPE ( SEE NOTE 5) tj QZ2 II ,I— II . U�� SRP I ,,JT!: I , b1 ccwz PIPE I --6 44k, ,:9� J :m'.. '� – ill: 1- . U IERC OSS NG --IIl-1PUT A IIl –lull El I– I-11rn- PIPELINE - UNDERCROSSING 4' -0" PIPE 4' -0. MINIMUM III 0. 0. MIN. TYPICAL EXCAVATION FOR SRP IRRIGATION PIPE ( SEE NOTE 5) 'gy1- FE m J 17 J1 U i fiil� PARALLEL AREA BELOW SRP UTILITY IRRIGATION PIPE ( SEE NOTE 4) ( SEE NOTE 5) PIPELINE - PARALLEL UTILITY 2 D cc— 4' -0' CLEAR 1 wz MINIMUM ('JO 5 J– RETENTION – fl BASIN SRP ID PIPE m_ II– u PIPELINES - RETENTION BASIN 20200088371 ' _ EXH ( DITyB REV I NO. DATE • ( PAGE 2 OF 2) 6 12/05/18 ' 4' -0° SRP IRRIGATION DWG REFERENCED MINIMUM CLEARANCE _ STRUCTURE/FACILITY FROM ORIGINAL AROUND ALL WES-HOWGUIDE SRP IRRIGATION I r STRUCTURES/FACILITIES j ( TYPICAL) I- , I I L IRRIGATION STRUCTURE/FACILITY CLEARANCE OUTSIDE EM /4,10111111i"\IOF MATE I ICANOPY I/ ISRP R/W • q . e lir,rami .. • ( SEE NOTE 3) I iiiit. LI SRP II I PIPE II ( II it I EDGE OF _ EXCAVATION FOR ROOT BALL PIPELINES - LANDSCAPING NOTES I. THESE GUIDELINES ARE PROVIDED AS A GENERAL AID TO PLANNING. ACTUAL SRP REQUIREMENTS 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. 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. 4. UTILITIES PARALLEL TO SRP IRRIGATION PIPE ARE REVIEWED ON A CASE-BY- CASE BASIS. LOCATED PARALLEL UTILITY OUTSIDE OF AREA SRP EXCAVATES WHEN MAINTAINING IRRIGATION PIPE, OR 4' -0° BEYOND SIDE OF THE OUTSIDE BELL DIAMETER OF THE SRP IRRIGATION PIPE, WHICHEVER IS GREATER. TYPICAL EXACAVATION INCLUDES AREA ABOVE AND TO EACH SIDE OF SRP IRRIGATION PIPE SIDE EXCAVATION INCLUDES AREA ABOVE A LINE EXTENDING UPWARD AND OUTWARD AT A ONE-TO-ONE SLOPE FROM A POINT LEVEL WITH THE BOTTOM OF AND 4' -0" BEYOND THE SIDE OF THE OUTSIDE BELL DIAMETER OF THE SRP IRRIGATION PIPE. 5. OTHER UTILITIES ARE NOT PERMITTED IN THESE AREAS.