HomeMy WebLinkAboutProperty #: C-9267 - 10/14/2014 C-9267
CITY CLERK 10/14/2014
ORIGINAL
CITY OF GLENDALE, ARIZONA
NON-EXCLUSIVE EASEMENT FOR
USE, OPERATION, MAINTENANCE
AND/OR REPAIR OF IRRIGATION
FACILITIES
(Roosevelt Irrigation District)
(PLEASE DO NOT REMOVE • THIS IS PART OF THE OFFICIAL DOCUMENT)
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20150131685 02/27/2015 11 : 17
ELECTRONIC RECORDING
15100553000-15-1-1--
chagollaj
When recorded please return to:
Jake D. Curtis, Esq.
Burch & Cracchiolo, P.A.
702 East Osborn Road, Suite 200
Phoenix, Arizona 85014
This transfer is exempt from the affidavit and fee requirements pursuant to A.R.S. § 11-
1134(A)(2).
NON-EXCLUSIVE EASEMENT FOR USE, OPERATION, MAINTENANCE AND/OR
REPAIR OF IRRIGATION FACILITIES
This EASEMENT FOR USE, OPERATION, MAINTENANCE AND/OR REPAIR OF IRRIGATION
FACILITIES ("AGR MENT") is entered into and shall be effective as of this day of
, 20 "Effective Date"), by and among the City of Glendale, an Arizona municipal
corporation ("CITY"), and(ii) ROOSEVELT IRRIGATION DISTRICT, an Arizona municipal
corporation ("DISTRICT").
FACILITY NAME(the "FACILITY"):
As used in this AGREEMENT, the term FACILITY shall mean irrigation water conveyance
facilities located on the PROPERTY associated with the DISTRICT's Pump Lateral 2E, which
includes underground irrigation pipelines, ditches and other appurtenant structures and fixtures
used in connection with the transmission and distribution of water.
RECITALS:
A. The CITY is the fee owner of the approximately 30.2 acres of real property located along
99th Avenue north of Glendale Road(the"GRANTOR's Property") pursuant to that
Special Warranty Deed recorded on June 28, 2005, in the Official Records of Maricopa
County Recorder at Document No. 20051096040; and pursuant to that Annexation
Petition recorded on December 12, 2006, in the Official Records of Maricopa County
Recorder at Document No, 2006118531. A portion of 99th Avenue is currently in the
process of widening to accommodate an adjacent commercial development.
B. The DISTRICT has operated various irrigation facilities within the GRANTOR's Property
for many years. In conjunction with development of the GRANTOR's Property by a
commercial development, the DISTRICT is required to relocate various irrigation
facilities within the GRANTOR's Property.
C. The DISTRICT claims ownership over an approximate 0.25 acre rectangular parcel,
more particularly described on the attached Exhibit"A" ("PROPERTY")which lies
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entirely within the GRANTOR's Property. The District has operated various irrigation
facilities within the PROPERTY for many years. In conjunction with development of the
GRANTOR's Property by a commercial development, the GRANTOR has requested that
the DISTRICT modify its real property interests within the GRANTOR's Property to
accommodate said commercial development. In conjunction with the proposed
commercial development of the GRANTOR's Property, the DISTRICT, at the CITY's
request, has agreed to provide the CITY with a Quit Claim Deed for a portion of the
PROPERTY.
D. In exchange for the conveyance of the PROPERTY and to continue to provide for the
DISTRICT's use of their FACILITY located within the boundaries of the PROPERTY, the
DISTRICT agrees to accept and the CITY has agreed to grant to the DISTRICT a non-
exclusive easement for the right of ingress and egress and for the use, operation,
maintenance and/or repair of the FACILITY. The scope of and obligations associated
with this AGREEMENT is more particularly described below.
NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. CITY hereby grants to the DISTRICT and its agents,employees,contractors,
successors, assigns, invitees and licensees a non-exclusive easement on, over, upon,
under and through PROPERTY and GRANTOR's Property for the right of ingress and
egress and for the construction, use, operation, maintenance and/or repair of FACILITY
for use in connection therewith for the transmission and distribution of water more
particularly described on the attached Exhibit"B" ("EASEMENT PROPERTY").
2. The Parties agree that the CITY or its successor and/or assign may use the EASEMENT
PROPERTY for all lawful uses, in any manner not inconsistent with the DISTRICT's
rights under this AGREEMENT. Such uses may include, but are not limited to,
placement of asphalt, cement curbing, appropriate landscaping, parking, and utilities.
The CITY agrees it shall not use the EASEMENT PROPERTY for any use that
unreasonably obstructs or interferes with the DISTRICT's current use of the EASEMENT
PROPERTY or that compromises, in any way, the structural integrity of the FACILITY.
3. The CITY understands, acknowledges, and agrees to move and/or modify, at its sole
expense CITY improvements located within the EASEMENT PROPERTY that the
DISTRICT reasonably determines, materially conflict with the use, operation,
maintenance and/or repair of FACILITY. The DISTRICT agrees that the continued use
of the EASEMENT PROPERTY as public roadway does not materially conflict with the
use, operation and maintenance and/or repair of the FACILITY and shall not be deemed
to be a material conflict in the future. The DISTRICT further agrees that any
improvements constructed pursuant to plans and specifications approved by the
DISTRICT as provided in Paragraph 4 below shall not be deemed to materially conflict
with the use, operation, maintenance and/or repair of the FACILITY.
4. CITY understands, acknowledges, and agrees that prior to the construction of any
improvements proposed to be located within the EASEMENT PROPERTY, the CITY
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20150131685
shall (1) provide the DISTRICT with a copy of CITY's construction plans and
specifications and (ii) obtain the DISTRICT's written approval to proceed with
construction, which approval shall not be unreasonably withheld.
5. The DISTRICT shall endeavor to effect repairs to the FACILITY in such a manner as to
not alter, relocate, or remove any CITY improvements located within the EASEMENT
PROPERTY. Notwithstanding the foregoing, in the event of an emergency, the
DISTRICT shall have the right to alter, relocate or remove any improvements installed
for the benefit of the CITY within the EASEMENT PROPERTY. To the extent possible,
the DISTRICT shall notify CITY of any such emergency and the need to alter, relocate or
remove any facilities Installed for the benefit of the CITY.
6. The DISTRICT understands, acknowledges, and agrees that the CITY shall not be
responsible for the use, operation, maintenance, and/or repair of the FACILITY, nor for
any cost, fee and/or expense associated therewith unless damages arise from the
CITY's negligence, reckless or intentional conduct.
7. The DISTRICT agrees to keep all portions of the FACILITY located within the
EASEMENT PROPERTY in proper maintenance and repair.
8. The DISTRICT shall have the right(but not the obligation)to trim, cut, and clear away
trees, brush or other vegetation on the EASEMENT PROPERTY whenever in its
judgment the same shall be necessary for the convenient and safe exercise of the rights
herein granted.
9. The CITY hereby agrees to indemnify, defend and hold the DISTRICT harmless for, from
and against any and all claims for damages or injury arising from, or in any way incident
to, CITY's(or its successors', assigns', contractors', employees', licensees', invitees' or
agents') use or occupancy of the EASEMENT PROPERTY, except that this indemnity
does not extend to claims for damages or injury arising out of the DISTRICT's reckless
or intentional conduct.
10. The DISTRICT hereby agrees to indemnify, defend and hold the CITY harmless for, from
and against any and all claims for damages or injury arising from, or in any way incident
to, DISTRICT'S (or its successors', assigns', contractors', employees', licensees',
invitees' or agents') use, operation, maintenance and/or repair of the FACILITY, except
that this indemnity does not extend to claims for damages or injury arising out of the
CITY's reckless or intentional conduct
11. The parties acknowledge and agree that the DISTRICT shall not be responsible for any
repairs and/or replacement of any of the CITY's improvements that are removed and/or
damaged as a result of the DISTRICT's use, operation, maintenance and/or repair of the
FACILITY within the EASEMENT PROPERTY. Upon completion of the required use,
operation, maintenance and/or repair work, the DISTRICT will leave the worksite within
the EASEMENT PROPERTY in a clean and well-graded manner.
12. This AGREEMENT(including the easement granted herein)shall run with the land and
shall be in nature, and the benefits and burdens herein contained shall inure to and bind
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20150131685
the Parties' respective heirs, personal representatives, successors, and assigns.
13. This AGREEMENT(including the easement granted herein)shall run null and void if it is
later determined that the DISTRICT did not own the PROPERTY when It executed the
Quit Claim deed referred to in the recitals above. The Parties agree to execute any
documents reasonably deemed necessary by the requesting Party to remove this
AGREEMENT as a cloud on the title of the PROPERTY.
14. Any party may enforce this AGREEMENT by appropriate legal action and the prevailing
party in such litigation may recover as part of its costs in such action reasonable
attorneys' fees, costs and expenses of enforcing its rights hereunder. This
AGREEMENT contains the entire agreement between the parties. Any modification of
this AGREEMENT or additional obligation assumed by either party in connection with
this AGREEMENT shall be binding only if evidenced in writing and signed by each party.
This AGREEMENT shall be construed in accordance with the laws of the State of
Arizona.
15. This AGREEMENT may be executed In one or more counterparts, all of which, taken
together, shall constitute one and the same instrument. The parties authorize each
other to attach all such signature pages to a single document so that the signatures of all
parties will be physically attached to the same document for recording.
16. The Recitals written above and the Exhibits attached hereto and referred to herein are
incorporated by reference to this AGREEMENT.
17. The acceptance date of this AGREEMENT shall be the day which the last party
executes the AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT.
CITY OF GLENDALE, ROOSEVELT IRRIGATION DISTRICT,
an Arizona municipal corporation an Arizona municipal corporation
Title: \, - a Title:
, /40?-# •
By' PO I,_Air
, •,/ .4. 4 644.40_,:lcsAA.44,4-1
Its: tAti Nri,n9ta–Pr— Its: et.444,Jeytt
Date: IC\ 16\ IL\ Date: 07-/0-/3"--
ATTES ,
Appr. o orm City Clerk
afalliet
At t omey
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20150131685
ACKNOWLEDGMENT BY GRANTOR
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this .;V day of Y ,2014,
by Brenda_ S• Fisch E' , the C41-7,1 C tcto y' of the City of Glendale.
Notary Public
My Commission Expires: ALICIAMULLER
QO�}Q�1
f` t IS Notary NW-State of Arizona
p Q �`t r f y< MARICOPA COUNTY
My Commission Expires
November 14,2016
ACKNOWLEDGMENT BY DISTRICT
STATE OF ARIZONA )
) ss.
County of Maricopa )
The for ing instr m t was acknowledg d befo a me this/day of /r, ,20'4,
by f t f � the fr SE`df t of the -ooseveit
Irrigation District, on behalf of said corporation.
Notary Prblic
My
fM MOORS
NoteryPote...—:9,Arirpn
crt�_- �CUNTy
, = My Commission Expjres
March 8 2017
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20150131685
EXHIBIT "A"
PROPERTY
2014-06-04 COG RID esmt Lat-2EL dignity_revised_3rd_final.doc
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ROOSEVELT IRRIGATION,DISTRICT
G.cr S. R. B..cr M. . Martcopa County, Ariz.
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20150131685
EXHIBIT"A"
Instrument: . Quit-Claim Deed. Date: April 3rd, 1928.
From Martin T. B. and Dorcas E. Addington.
DESCRIPTION
The South 540 feet of the East 53 feet, except the
. East 33 feet of the Northeast quarter (NES) of the South-
• east quarter (SE2.) of Section 5, Tp. a N. , R 1 E. , of the
Gila and Salt River Baseand Meridian; containing 0.25
acre more or less.
•
•
EX-A PAGE 3
20150131685
EXHIBIT"A"
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11 THIS INDENTURE, Made the w3 day of April ya`'! .
I.. hyear of our Lord One Thousand Nine Hundred and._:...T:lY4l.?ty.::fl.f.Gxtt °� 1
in the e
{ Martin V. B. Addilet. .. ,I ..DO.re s..B.....Add ng.ton?.-his..rdfe , '
t the part ies of the first part, and Roosevelt Irriggti on.••DiaEtri,At.}_.&Irami nips
i corporation organized and c-cnisting under and by virtue of tie 1 sria.__QL,th.a
• .1 State. of 1t,ri ong the part.gr of the second part,
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i! WITNESSE'P13: That the said part.. @R...of the first part,for and in consideration of the sum
of •• TeI)... fi,4�..,114/10Q - - - - - - - - - - - - - - - - - n...--- --.--..s..-,_DOLLARS, j
't of the United States of America,to..thh.eta.•..in hand
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'Ipaid by the said part...Y.. of the second part,the receipt whereof is hereby'confessed and acknowledged,
Ihail..remised,released and quit-claimed,and by these presents do convey, remise, release and quit-
I succ ssoxs
I claim unto the said party' of the second part, and to .._its / and assigns forever, all the ,
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right,title,interest, claim and demand which the said part.. ,ea:..of the first part ha in and to the fol- _
'I lowing described real estate and property situated in the County of Maxi-cape.
and State of Arizona,to-wit:
.I The South 540 feet of the 361,91.. ..teOt.,...s a ..theI;asf...33...tefat..:of...tlr®.
Northeast Quarter SIM
I). of the Southeast Unr.t.CIW...011..3...AS.. ection..5= 1
Tp. 2 Tom; R. 1 EJ. of the Gila and.Sal R
t #�• x.. a;3a._a1u3.Pyaxidian"s..nontainan
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Grantors- hereby agree to assume all back taxes and other encumbers, QQs '
against the above described property. I «i.
I `•> >• .TO• RAVE AND TO HOLD the same,together with all and singular the appurtenances and privi- 4,.
;} ' leges thereunto belonging, or in anywise appertaining, and all the estate, right, title, interest and claim
.
y' wvhatbiiovex}of the Bald pert.laa..of the first pert,oither.in law or equity, in possession or expectancy, . 1":
successors R.
to the only proper use, benefit and behoof and the said party of the second part, .....1, -.,e cs and i;
assigns forever. •
EX-A PAGE 4
20150131685
EXHIBIT"A"
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• STATE OF ARIZONA,
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}ss.
County of klttr.tOPIA .
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Before me, ra,..1•713111.ca , a Notary Public in and for the
County of /11nxicops. ,State of Arizona,on this day personally appeared
.Maztin...Y.....B.. Adding.ton...and-Dortoas..P....Addington,....his—wiee. .
known to me to be the person..,5 whose name a aza 'subscribed to the foregoing instrument, and
acknowledged to me that they executed the same for the purpose,.:. and consideration therein
expressed. i
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- Giren under my hand and seal a office this 23rd day of AP.Via ,A.. D.192.8... 1
\..A........\(v...,....431,...ks, 1
(My commission expires aaptembe..r.. 2.,....1.929 Notary Public.
STATE OF ARIZONA,
Tss. . . .
County of • -
Before me, ,.. , a Notary Public in and for the
County of . , State of Arizona,on this day personally appeared
•
. •
wife of said
'known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that she executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office this day of........ .......................... , A. D. 192......
(My
(My commission expires ) Notary Public.
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EX-A PAGE 5
20150131685
EXHIBIT "B"
EASEMENT PROPERTY
I 2014-03-26 COG RID esmt Lat-2EL dignity revised2014 03 26 COG_RIO_eemt Lat 2EL_dig 'r„#;=;e= wes
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20150131685
DIGNITY HEALTH—WEST VALLEY HOSPITAL
ROOSEVELT IRRIGATION DISTRICT
EASEMENT AREA
September 6, 2013
AN EASEMENT AREA SITUATED IN THE SOUTHEAST QUARTER OF SECTION 5AND THE
SOUTHWEST QUARTER OF SECTION 4, 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 f" REBAR LOCATED AT THE EAST QUARTER CORNER OF SAID
SECTION 5 FROM WHICH A BRASS CAP LOCATED AT THE SOUTHEAST CORNER OF
SAID SECTION 5 BEARS SOUTH 00°03'40"WEST(BASIS OF BEARINGS), A DISTANCE OF
2609.44 FEET;
THENCE SOUTH 00°03'40"WEST, ALONG THE EASTERLY SECTION LINE OF SECTION 5,
ADISTANCE OF 731.61 FEET;
THENCE DEPARTING SAID EASTERLY SECTION LINE OF SECTION 5, SOUTH 89°56'20"
EAST,A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89°56'20" EAST, A DISTANCE OF 29.86 FEET;
THENCE SOUTH 00°03'40"WEST,A DISTANCE OF 33.58 FEET;
THENCE SOUTH 64°10'06" EAST, A DISTANCE OF 27.79 FEET;
THENCE SOUTH 00°03'40"WEST, A DISTANCE OF 51.76 FEET;
THENCE NORTH 89°56'20" WEST, A DISTANCE OF 6.88 FEET;
THENCE SOUTH 00°03'40"WEST, A DISTANCE OF 194.94 FEET;
THENCE NORTH 89°56'20"WEST, A DISTANCE OF 3.00 FEET;
THENCE SOUTH 00°03'40"WEST, A DISTANCE OF 44.43 FEET;
THENCE NORTH 89°56'20"WEST,A DISTANCE OF 30.00 FEET;
THENCE NORTH 00°03'40" EAST, A DISTANCE OF 55.43 FEET;
THENCE NORTH 89°56'20"WEST, A DISTANCE OF 58.00 FEET TO A POINT ON THE EAST
LINE OF THAT PARCEL DESCRIBED IN THE QUIT-CLAIM DEED AS RECORDED IN BOOK
220 OF DEEDS, PAGE 334;
THENCE NORTH 00°03'40" EAST, ALONG SAID EAST LINE, A DISTANCE OF 20.00 FEET;
THENCE DEPARTING SAID EAST LINE; SOUTH 89°56'20" EAST,A DISTANCE OF 56.00
FEET;
20150131685
THENCE NORTH 00°03'40" EAST, A DISTANCE OF 146.23.FEET;
THENCE NORTH 36°59'02"WEST, A DISTANCE OF 21.58 FEET;
THENCE NORTH 00°03'40" EAST, A DISTANCE OF 97.92 FEET TO THE POINT OF
BEGINNING. •
THE ABOVE DESCRIBED PARCEL AREA CONTAINS 13,727.8929 SQUARE FEET OR 0.32
ACRES MORE OR LESS.
SAID LANDS SUBJECT TO EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND
RESTRICTIONS, IF ANY.
I, THOMAS E. LAVALETTE, HEREBY CERTIFY THAT I AM A REGISTERED LAND
SURVEYOR IN THE STATE OF ARIZONA AND THIS SURVEY WAS COMPLETED UNDER
MY DIRECTION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE.
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20150131685
1 S89°56'20"E
POINT OF COMMENCEMENT J'0 10.00' . POINT OF BEGINNING
FOUNDY"REBAR ! I S89°56'20"E
EAST QUARTER CORNER ^ 29.86
SECTION 5,T. 2 N., R. 1 E. -, 300 °8'4G'W
S64°1 0 06 E
NQ 27.79'
glz pm 3
M � o �" b -
W d Q M O ^'O� � o b �'0 W I yv /14\_19
aQ.. a O I <� N89°56'20"W
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6.88'
zgoo IZ
X u U W PROPOSED RIGHT-OF-WAY
PlO °° § _ /" ,° LINE TABLE
I- n LI N00°03'40"E 97.92'
rn r..; L2 N36°59'02"W 21.58'
coL3 N00°03'40"E 146.23'
-.oil o L4 NO0°03'40"E 55.43'
0
0
t,, S$9°56'20"E 1EXISTING RIGHT-OF-WAY
ba 56.00'
gul / '
N'N89°56'20"W
•�Z 58.00' _
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N 3.00'56 20 W ���c,-� ��A 1'4.r,
�S00°03'40"W if/' 37258 `1`°-`
ill I /N89°56'20"W 44-43' THOMAS E.
30.00' o LAVALEIT ��
30 0 30 60 t I i ,' ffDaed�
FOUND BRASS CAP FLUSH
Scafel: 1"=6O' SOUTHEAST CORNER �p'�}�~ u `'
SECTION 5, T. 2 N., R. 1 E. 4a^'•O3/31I
Project DIGNITY HEALTH WEST VALLEY MEDICAL CENTER
L 'TitlePROPOSED EASEMENT
ROOSEVELT IRRIGATION DISTRICT
LITTLEJOHN ENGINEERING ASSOCIATES proj• # Dwg. No.
7227 N. I6th Street,Suite 140,PHOENIX,ARIZONA 85020 20120136
T 602.241.0782 F 602,248,9158 www.Ieainc.com Date:
Nashville I Chattanooga I Decatur I Huntsville 1 Knoxville I Orlando I Phoenix I Tri-Cities 09.042013 1
When recorded please return to:
Jake D. Curtis, Esq.
Burch& Cracchiolo, P.A.
702 East Osborn Road, Suite 200
Phoenix, Arizona 85014
This transfer is exempt from the affidavit and fee requirements pursuant to A.R.S. § 11-
1134(A)(2).
NON-EXCLUSIVE EASEMENT FOR USE, OPERATION, MAINTENANCE AND/OR
REPAIR OF IRRIGATION FACILITIES
This EASEMENT FOR USE, OPERATION, MAINTENANCE AND/OR REPAIRTIK IRRIGATION
FACILITIES ("AGR ENT") is entered into and shall be effective as of this/ day of
, 20 Effective Date"), by and among the City of Glendale, an Arizona municipal
corporat ("CITY"), and (ii) ROOSEVELT IRRIGATION DISTRICT, an Arizona municipal
corporation ("DISTRICT").
FACILITY NAME (the "FACILITY"):
As used in this AGREEMENT, the term FACILITY shall mean irrigation water conveyance
facilities located on the PROPERTY associated with the DISTRICT's Pump Lateral 2E, which
includes underground irrigation pipelines, ditches and other appurtenant structures and fixtures
used in connection with the transmission and distribution of water.
RECITALS:
A. The CITY is the fee owner of the approximately 30.2 acres of real property located along
99th Avenue north of Glendale Road (the "GRANTOR's Property") pursuant to that
Special Warranty Deed recorded on June 28, 2005, in the Official Records of Maricopa
County Recorder at Document No. 20051096040; and pursuant to that Annexation
Petition recorded on December 12, 2006, in the Official Records of Maricopa County
Recorder at Document No. 2006118531. A portion of 99th Avenue is currently in the
process of widening to accommodate an adjacent commercial development.
B. The DISTRICT has operated various irrigation facilities within the GRANTOR's Property
for many years. In conjunction with development of the GRANTOR's Property by a
commercial development, the DISTRICT is required to relocate various irrigation
facilities within the GRANTOR's Property.
C. The DISTRICT claims ownership over an approximate 0.25 acre rectangular parcel,
more particularly described on the attached Exhibit"A" ("PROPERTY")which lies
2014-06-04_COG_RID_esmt Lat-2EL_dignity_revised_3rd_final.doc
Page 1 of 7
entirely within the GRANTOR's Property. The District has operated various irrigation
facilities within the PROPERTY for many years. In conjunction with development of the
GRANTOR's Property by a commercial development, the GRANTOR has requested that
the DISTRICT modify its real property interests within the GRANTOR's Property to
accommodate said commercial development. In conjunction with the proposed
commercial development of the GRANTOR's Property, the DISTRICT, at the CITY's
request, has agreed to provide the CITY with a Quit Claim Deed for a portion of the
PROPERTY.
D. In exchange for the conveyance of the PROPERTY and to continue to provide for the
DISTRICT's use of their FACILITY located within the boundaries of the PROPERTY, the
DISTRICT agrees to accept and the CITY has agreed to grant to the DISTRICT a non-
exclusive easement for the right of ingress and egress and for the use, operation,
maintenance and/or repair of the FACILITY. The scope of and obligations associated
with this AGREEMENT is more particularly described below.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. CITY hereby grants to the DISTRICT and its agents, employees, contractors,
successors, assigns, invitees and licensees a non-exclusive easement on, over, upon,
under and through PROPERTY and GRANTOR's Property for the right of ingress and
egress and for the construction, use, operation, maintenance and/or repair of FACILITY
for use in connection therewith for the transmission and distribution of water more
particularly described on the attached Exhibit"B" ("EASEMENT PROPERTY").
2. The Parties agree that the CITY or its successor and/or assign may use the EASEMENT
PROPERTY for all lawful uses, in any manner not inconsistent with the DISTRICT's
rights under this AGREEMENT. Such uses may include, but are not limited to,
placement of asphalt, cement curbing, appropriate landscaping, parking, and utilities.
The CITY agrees it shall not use the EASEMENT PROPERTY for any use that
unreasonably obstructs or interferes with the DISTRICT's current use of the EASEMENT
PROPERTY or that compromises, in any way, the structural integrity of the FACILITY.
3. The CITY understands, acknowledges, and agrees to move and/or modify, at its sole
expense CITY improvements located within the EASEMENT PROPERTY that the
DISTRICT reasonably determines, materially conflict with the use, operation,
maintenance and/or repair of FACILITY. The DISTRICT agrees that the continued use
of the EASEMENT PROPERTY as public roadway does not materially conflict with the
use, operation and maintenance and/or repair of the FACILITY and shall not be deemed
to be a material conflict in the future. The DISTRICT further agrees that any
improvements constructed pursuant to plans and specifications approved by the
DISTRICT as provided in Paragraph 4 below shall not be deemed to materially conflict
with the use, operation, maintenance and/or repair of the FACILITY.
4. CITY understands, acknowledges, and agrees that prior to the construction of any
improvements proposed to be located within the EASEMENT PROPERTY, the CITY
2014-06-04_COG_R ID_esmt_Lat-2E L_d ig nity_revised_3rd_fi nal.doc
Page 2 of 7
shall (i) provide the DISTRICT with a copy of CITY's construction plans and
specifications and (ii) obtain the DISTRICT's written approval to proceed with
construction, which approval shall not be unreasonably withheld.
5. The DISTRICT shall endeavor to effect repairs to the FACILITY in such a manner as to
not alter, relocate, or remove any CITY improvements located within the EASEMENT
PROPERTY. Notwithstanding the foregoing, in the event of an emergency, the
DISTRICT shall have the right to alter, relocate or remove any improvements installed
for the benefit of the CITY within the EASEMENT PROPERTY. To the extent possible,
the DISTRICT shall notify CITY of any such emergency and the need to alter, relocate or
remove any facilities installed for the benefit of the CITY.
6. The DISTRICT understands, acknowledges, and agrees that the CITY shall not be
responsible for the use, operation, maintenance, and/or repair of the FACILITY, nor for
any cost, fee and/or expense associated therewith unless damages arise from the
CITY's negligence, reckless or intentional conduct.
7. The DISTRICT agrees to keep all portions of the FACILITY located within the
EASEMENT PROPERTY in proper maintenance and repair.
8. The DISTRICT shall have the right(but not the obligation)to trim, cut, and clear away
trees, brush or other vegetation on the EASEMENT PROPERTY whenever in its
judgment the same shall be necessary for the convenient and safe exercise of the rights
herein granted.
9. The CITY hereby agrees to indemnify, defend and hold the DISTRICT harmless for, from
and against any and all claims for damages or injury arising from, or in any way incident
to, CITY's (or its successors', assigns', contractors', employees', licensees', invitees' or
agents') use or occupancy of the EASEMENT PROPERTY, except that this indemnity
does not extend to claims for damages or injury arising out of the DISTRICT's reckless
or intentional conduct.
10. The DISTRICT hereby agrees to indemnify, defend and hold the CITY harmless for, from
and against any and all claims for damages or injury arising from, or in any way incident
to, DISTRICT'S (or its successors', assigns', contractors', employees', licensees',
invitees' or agents') use, operation, maintenance and/or repair of the FACILITY, except
that this indemnity does not extend to claims for damages or injury arising out of the
CITY's reckless or intentional conduct.
11. The parties acknowledge and agree that the DISTRICT shall not be responsible for any
repairs and/or replacement of any of the CITY's improvements that are removed and/or
damaged as a result of the DISTRICT's use, operation, maintenance and/or repair of the
FACILITY within the EASEMENT PROPERTY. Upon completion of the required use,
operation, maintenance and/or repair work, the DISTRICT will leave the worksite within
the EASEMENT PROPERTY in a clean and well-graded manner.
12. This AGREEMENT(including the easement granted herein) shall run with the land and
shall be in nature, and the benefits and burdens herein contained shall inure to and bind
2014-06-04_COG_RID_esmt Lat-2EL_dignity_revised_3rd_final.doc
Page 3 of 7
the Parties' respective heirs, personal representatives, successors, and assigns.
13. This AGREEMENT (including the easement granted herein)shall run null and void if it is
later determined that the DISTRICT did not own the PROPERTY when it executed the
Quit Claim deed referred to in the recitals above. The Parties agree to execute any
documents reasonably deemed necessary by the requesting Party to remove this
AGREEMENT as a cloud on the title of the PROPERTY.
14. Any party may enforce this AGREEMENT by appropriate legal action and the prevailing
party in such litigation may recover as part of its costs in such action reasonable
attorneys' fees, costs and expenses of enforcing its rights hereunder. This
AGREEMENT contains the entire agreement between the parties. Any modification of
this AGREEMENT or additional obligation assumed by either party in connection with
this AGREEMENT shall be binding only if evidenced in writing and signed by each party.
This AGREEMENT shall be construed in accordance with the laws of the State of
Arizona.
15. This AGREEMENT may be executed in one or more counterparts, all of which, taken
together, shall constitute one and the same instrument. The parties authorize each
other to attach all such signature pages to a single document so that the signatures of all
parties will be physically attached to the same document for recording.
16. The Recitals written above and the Exhibits attached hereto and referred to herein are
incorporated by reference to this AGREEMENT.
17. The acceptance date of this AGREEMENT shall be the day which the last party
executes the AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT.
CITY OF GLENDALE, ROOSEVELT IRRIGATION DISTRICT,
an Arizona municipal corporation an Arizona municipal corporation
•
Title: C `v ON trAd"1 ti -e' Title:AL) ,L6e... -t-� ,z-
By: /Y i r By:
Its: C`1\NI Vv1GrA5-e f Its:
Dat-• b icf Date: A--/o-/.5—'
ATTES i
41
, a~alved as to form C ty Clerk
ey
2014-06-04_CO i esmt L. _dignity_revised_3rd_final.doc
Page 4 of 7
ACKNOWLEDGMENT BY GRANTOR
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this 4a day of %i bei ,2014,
by f ei1Gta. S. Fi5Cher , the Ca/1 1Y)ct Wla9.2f of the City of Glendale.
ALICIA MULLER 0.. MARICOPA wotan StomCOa Public
My Commission Expires:
`
November 14,2015 s ry
tIovewu er ILL 2Ot5
ACKNOWLEDGMENT BY DISTRICT
STATE OF ARIZONA )
) ss.
County of Maricopa )
/5-
The foregoi g instrum nt' as acknowledged before pie t is/ day of � u�r ,, 201'x'
by (,), ( -e- ( wry , the P(.e5i( of the RVosevelt
Irrigation District, on behalf of said corporation.
,___:_),, ---,
( I\r\-1, M9e9E-
Notary Pu lic
My Commission Expires:
KIM MOORE
Notary KINK•State of Arizona
VAw MARICOPA COUNTY
My Commission Expires
0, March 8,2017
2014-06-04_COG_RID_esm t_Lat-2 E L_d ig n ity_re v ised_3rd_fi n a I.doc
Page 5 of 7
EXHIBIT "A"
PROPERTY
2014-06-04_COG_RID_esmt_Lat-2EL_dign ity_revised_3rd_fina I.doc
Page 6 of 7
EXHIBIT"A"
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EX-A PAGE 1
EXHIBIT"A"
.
•
•
ROOSEVELT IRRIGATION DISTRICT
S T r G. &S.R. B. &M. Maricopa County, Ariz.
•
•
E
W
i 31
•
,• • .,..h... r_ .. 7-37 �..-'g-S)+9s� a 4n:iw-q wn?4 _•# * :.e'car
•
•
•
•
S
Authorized
Deed No._
Acres "- Cost
/e/so//60/ ../i7z 5? _N/r. 7.2G RP X344-3; •
.
.OVER
f _
t
EX-A PAGE 2
EXHIBIT"A"
•
Instrument: twit-Claim Deed Date: April 43rd, 1948.
From Martin V. B. and Dorcas E. Addington.
DESCRIPTION
The South 540 feet of the East 53 feet, except the
East 33 feet of the Northeast quarter (NEI) of the South—
east quarter (SEk) of Section 5, Tp. Z N. , R 1 E. , of the
Gila and Salt River Base and Meridian; containing 0.25
acre more or less.
•
EX-A PAGE 3
EXHIBIT"A"
Outt-Tiatnt Dm"
0
-..,, ....pet', .
. -1,,,,,14,
co 4
c
4.
iiTHIS INDENTURE, Made the 23 day of April • yGc►, • '\_ /,
• . in the year of our Lord One Thousand Nine Hundred and ...:...DP.�r.D3Y..-@.jght. be
•
Martin V. B. Addingtga:.ADA .Darogita._EA...r?ddingtnn,..hia..tea
•
i
the part if" of the first part, and Roosevelt Irrigation..Aistriat.} a.m„ni ai al•
corporation organized and e;:isting under and by virtue of the laym_..Qi:__the •
State. of AriZW14 the part.y of the second part,
WITNESSETH: That the said part ie$ of the first part, for and in consideration of the sum
- - - - - - - - - - - - - - - - - - - - - -
of Tei ax�i�__.l�cl_1.OQ ...DOLLARS,
of the United States of America,to-.t.i19Z1_._.in hand
paid by the said part...Y..of the second part,the receipt whereof is hereby-confessed and acknowledged,
ham..remised,released and quit-claimed,and by these presents do convey, remise, release and quit-
claim unto the said party of the second part, and to . its /suc cwarmr s o and assigns forever, all the
ve
right, title,interest, claim and demand which the said part..........of the first part haI in and to the fol-
• lowing described real estate and property situated in the County of Marimpa _
and State of Arizona, to-wit:
• The South 540 feet of the -2=1. 51- tet.,..sarelt...the--^4ot-.33-.-feet--:of:--tdat•
�7 1
,; Northeast quarter 124,) of the Southeast quarte .j, ...of &action 5F �I
lfiiiw• I
Tp. g„1:41 R. 1 Z. of the Gila and.Salt Ri'qex_3aSe.-arzd..PReridiAn;-contaa.ni ig
4F.M-._sao.I _Flore sr less.
Grantors. hereby agree to assume all back taxes and other enoumllerangee .
against the above described property.
•
i r
1TO.TUVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges es thereunto belonging,or in an anywise appertaining, and all the estate, right, title, interest and claim 4'
g yR' g , i
}
� whaimiiever.of the maid parLies.. of the first part,either law or equity, in possessI
; • t, ion or expectancy,
- successor's 1
,i to the only proper use, benefit and behoof and the said party of the second part, ..alts.. and
,i ;. r
assigns forever. • .
EX-A PAGE 4
EXHIBIT"A"
. .il..w !a'-
-----
—
! ' STATE OF ARIZONA, -
I
ss.
I
County of r .11..GQ.B4
Before me, !'n, Mishl , a Notary Public in and for the
County of LTA icopa. , State of Arizona,on this day personally appeared
R°artin—Y.._.3.._.3dding ton--and_Dorcas-. ...Addinton,--his.-wife-
ti
known to me to be the person whose names are subscribed to the foregoing instrument, and
I
i acknowledged to me that they executed the same for the purpose.-_ and consideration therein
ll expressed.
lr
'.,.. -Given under my hand and seal of office this 23rd day of AP mil ,A. D. 192.a..
i
I1; (My commission expires Sep'tembex--32,...1.9.Z� Notary Public. .
STATE OF ARIZONA,
� ss.
I • .
County of •
i,II! Before me, • , a Notary Public in and for the
I! County of , State of Arizona, on this day personally appeared
;i
' wife of said
'known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged
l to me that she executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office this day of ,A. D. 192
I
I
,I (Mycommission expires ) Notary Public.
I
1
i
ea 0
c 4 a
d
f -7. o d
iz
il 0 4000 IL. CI
A
i O L
0
= v
a
+Q H p
IS a O d Y
A 1 e g
I
I ' aapioaag d uiiop'-----
il
EX-A PAGE 5
EXHIBIT "B"
EASEMENT PROPERTY
2014-03-26 COG RID esmt Lat-2EL dignity revised2011 03 26 COG RID_ecmt_Lat 2EL_dignity_reviced.doc
Page 7 of 7
DIGNITY HEALTH —WEST VALLEY HOSPITAL
ROOSEVELT IRRIGATION DISTRICT
EASEMENT AREA
September 6, 2013
AN EASEMENT AREA SITUATED IN THE SOUTHEAST QUARTER OF SECTION 5 AND THE
SOUTHWEST QUARTER OF SECTION 4, 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 W REBAR LOCATED AT THE EAST QUARTER CORNER OF SAID
SECTION 5 FROM WHICH A BRASS CAP LOCATED AT THE SOUTHEAST CORNER OF
SAID SECTION 5 BEARS SOUTH 00°03'40"WEST(BASIS OF BEARINGS), A DISTANCE OF
2609.44 FEET;
THENCE SOUTH 00°03'40"WEST, ALONG THE EASTERLY SECTION LINE OF SECTION 5,
A DISTANCE OF 731.61 FEET;
THENCE DEPARTING SAID EASTERLY SECTION LINE OF SECTION 5, SOUTH 89°56'20"
EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89°56'20" EAST, A DISTANCE OF 29.86 FEET;
THENCE SOUTH 00°03'40"WEST, A DISTANCE OF 33.58 FEET;
THENCE SOUTH 64°10'06" EAST, A DISTANCE OF 27.79 FEET;
THENCE SOUTH 00°03'40"WEST, A DISTANCE OF 51.76 FEET;
THENCE NORTH 89°56'20"WEST, A DISTANCE OF 6.88 FEET;
THENCE SOUTH 00°03'40"WEST, A DISTANCE OF 194.94 FEET;
THENCE NORTH 89°56'20"WEST, A DISTANCE OF 3.00 FEET;
THENCE SOUTH 00°03'40"WEST, A DISTANCE OF 44.43 FEET;
THENCE NORTH 89°56'20"WEST, A DISTANCE OF 30.00 FEET;
THENCE NORTH 00°03'40" EAST, A DISTANCE OF 55.43 FEET;
THENCE NORTH 89°56'20"WEST, A DISTANCE OF 58.00 FEET TO A POINT ON THE EAST
LINE OF THAT PARCEL DESCRIBED IN THE QUIT-CLAIM DEED AS RECORDED IN BOOK
220 OF DEEDS, PAGE 334;
THENCE NORTH 00°03'40" EAST, ALONG SAID EAST LINE, A DISTANCE OF 20.00 FEET;
THENCE DEPARTING SAID EAST LINE; SOUTH 89°56'20" EAST, A DISTANCE OF 56.00
FEET;
THENCE NORTH 00°03'40" EAST, A DISTANCE OF 146.23 FEET;
THENCE NORTH 36°59'02"WEST, A DISTANCE OF 21.58 FEET;
THENCE NORTH 00°03'40" EAST, A DISTANCE OF 97.92 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL AREA CONTAINS 13,727.8929 SQUARE FEET OR 0.32
ACRES MORE OR LESS.
SAID LANDS SUBJECT TO EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND
RESTRICTIONS, IF ANY.
I, THOMAS E. LAVALETTE, HEREBY CERTIFY THAT I AM A REGISTERED LAND
SURVEYOR IN THE STATE OF ARIZONA AND THIS SURVEY WAS COMPLETED UNDER
MY DIRECTION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE.
"NO 011117_,10.
,s , 37258
THOMAS E. !)
Q LAVALEITEE �r3,
\' ,,fl 'O
(4-3
S89°56'20"E
POINT OF COMMENCEMENT /' �, 10.00' POINT OF BEGINNING
FOUND Y2" REBAR ; I S89°56'20"E
EAST QUARTER CORNER r• 29.86'
SECTION 5,T. 2 N., R. 1 E. -- SO0°03'40"W
o. S64°1 0106"E
O z
I CNI � ! 27.79'
Q
J'
CL ce
MI p1 o m
U W Z H v ""
ceow = !
W0 U I f l��r N89°56'20"W
0 4 0< I SJ I ot, 6.88'
.->( - U UO I WØ " -PROPOSED RIGHT-OF-WAY
b O Q O
CV 0 Ca I Q o`r,
I _ LINE TABLE
I— LI N00°03'40"E 97.92'
1" L2 N36°59'02"W 21.58'
co (! L3 N00°03'40"E 146.23'
gL4 N00°03'40"E 55.43'
, , S89°56120"E EXISTING RIGHT-OF-WAY
b56.00' `
M Oq Tor
zc\I
N89°56'20"W 1
1 58.00 N89°56'20"W
J 3.00'5620 W e�, � Ar�
N I �A
S00°03'40"W
37258
1A I
N8930'20"W 44.43' OMAE.
,S 1
30 0 30 60 FOUND BRASS CAP FLUSH BnedJ
Scalel: 1"=60' • SOUTHEAST CORNER ,j/,,, u.
0- SECTION 5, T. 2 N., R. 1 E. 03/3 P-
ProjDIGNITY HEALTH - WEST VALLEY MEDICAL CENTER
I IIM
Title
PROPOSED NT
ROOS T IRRIGATION DI ICT
LITTLEJOHN ENGINEERING ASSOCIATES proJ. # Dwg Na
7227 N. 16th Street,Suite 140, PHOENIX,ARIZONA 85020 20120136
T 602.241.0782 F 602.248.9158 www.leainc.com Date:
Nashville I Chattanooga I Decatur I Huntsville I Knoxville I Orlando I Phoenix I Tri-Cities 09.042013