HomeMy WebLinkAboutProperty #: P25-013 - 10/28/2025 MARICOPA COUNTY RECORDER
JUSTIN HEAP
20250625070 10/29/2025 10:59'
ELECTRONIC RECORDING
When recorded,return to:
Valley Utilities Water Co.,Inc. P2 5 013—8—1-1--
Attn:Bryan Thomas garciac
6808 N.Dysart Road,Suite 112
Glendale, AZ 85307
P25-013
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is dated this 20th day of August,2025,by and between The City of Glendale
("Grantor")and Valley Utilities Water Co.,Inc.("Grantee").
1. RECITALS
1.1 Grantor is the owner of certain real property located in Maricopa County,Arizona,more particularly
described on Exhibit"A" attached hereto and by this reference incorporated herein("Grantor Property").
1.2 INTENTIONALLY DELETED.
1.3 Grantor desires to grant to Grantee a perpetual and permanent easement for ingress and egress over,upon and
across a portion of the Grantor Property and the placement of buried water lines and other facilities under
such Grantor Property,and Grantee desires to obtain from Grantor a perpetual and permanent easement for
ingress and egress over,upon and across a portion of the Grantor Property and the placement of buried water
lines and other facilities under such Grantor Property,on the terms and conditions set forth herein.
2.TERMS AND CONDITONS
NOW,THEREFORE,for and in consideration of the mutual promises and covenants contained herein,and other
good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
hereto,intending to be legally bound,covenant and agree as follows:
2.1 Grant of Easement.Grantor hereby grants,bargains and sells to Grantee. and Grantee accepts from Grantor, a
non-exclusive,perpetual and permanent easement("Easement")for vehicular and pedestrian ingress and
egress over,upon and across that portion of the Grantor Property more particularly described on Exhibit"A"
attached hereto and by this reference incorporated herein("Easement Property'. The Easement shall include
the perpetual,non-exclusive use of the Easement Properly for all purposes reasonably necessary or beneficial
to the use by Grantee of the Easement Property,including but not limited to the right to construct,install,
repair,replace,reconstruct and maintain roadway relaxed improvements and/or certain facilities as determined
by Grantee for the delivery of water(including without limitation water supply transmission and delivery
lines,and appurtenances thereto(including without limitation related fixtures,equipment,marker posts and/or
electric power)and the delivery of such services to nearby properties)which facilities may be constructed
under the Easement Property (collectively,the"Improvements")upon the Easement Property.
2.2 Construction. Grantee shall have the right,but not the obligation,to construct,reconstruct,repair,replace and
install and maintain,at its sole cost and expense,the Improvements on all or any portion of the Easement
Property.The Improvements shall be constructed in a timely manner such that no mechanics'or materialmen's
liens shall attach to the Easement Property as a result of such construction.
2.3 Maintenance.Grantee shall, at its sole cost and expense,repair and maintain the Improvements on the
Easement Property.
2.4 Duration.The term of the Easement granted by this Agreement shall be perpetual.
2.5 Structures.No permanent barriers, fences, walls or other structures shall be erected on the Easement Property
by Grantor so as to unreasonably interfere with,impede or otherwise prevent the use of the Easement.
2.6 Benefit. The Easement granted by this Agreement shall be for the benefit of and be restricted solely to the
Grantee and to the owner or owners from time to time of Grantee property,but such owner or owners may
grant the benefit of the Easement to the tenant or tenants now or hereafter occupying portions of Grantee
property for the period of such tenancy; provided,however,the foregoing is not intended to create, and shall
not be construed as creating any rights in and for the benefit of the general public.
2.7 Successors and Assi,ns. The Easement shall be deemed to burden the Grantor Property and benefit the
Grantee property, shall run with the land, and shall be binding upon and inure to the benefit of the successors
in interest and assigns of the parties hereto.
2.8 Enforceabilit%. The covenants, easements, rights-of-way and conditions herein contained may be enforced by
either Grantor or Grantee and any violation thereof may be restrained or enforced by any court of competent
jurisdiction and/or damages may be awarded for any violation;provided,however,that nothing herein shall
be construed as meaning that damages are an adequate remedy where equitable relief is sought.
2.9 Attorney s' Fees. In the event it becomes necessary for either party hereto to employ legal counsel or to bring
an action at law or other proceeding to enforce any of the terms,covenants or conditions of this Agreement,
the prevailing party in any such action or proceeding shall be entitled to recover its costs, and reasonable
attorneys' fees incurred in such action from the other party.
2.10 Severabilit\. If any provision of this Agreement shall be invalid or prohibited hereunder, such provision shall
be ineffective to the extent of such prohibition or invalidation but shall not invalidate the remainder of such
provision or the remaining provisions of this Agreement.
2.11 Notice.All notices under this Agreement shall be deemed received upon personal delivery thereof or forty-
eight hours after deposit in the United States mail, certified or registered mail,return receipt requested,to the
parties as follows:
Grantor:
City of Glendale
Attn: Tangella Diaz
5850 W. Glendale Ave
Glendale,AZ 85301
Grantee:
Valley Utilities Water Co.,Inc.
Attn:Bryan Thomas
6808 N.Dysart Road, Suite 112
Glendale.AZ 85307
2.12 Governini Law. This Agreement shall be construed in accordance with the laws and judicial decisions of
the State of Arizona.
[signature page follows]
IN WITNESS WHEREOF,CITY OF GLENDALE,an Arizona municipal corporation,has caused
the foregoing instrument to be executed by its duly authorized representative, this ash`day of
o& b.cr , 2025
Kevin R. Phelps, In erim City Manager
ATTEST:
Julie K. Bower, City Clerk (Seal)
APPROVED AS TO FORM:
�icha aailey, City Aitc�rfie�
STATE OF ARIZONA )
) ss.
County of Maricopa )
This instrument was acknowledged before me this day of 202$by Kevin R. Phelps,
Interim City Manager for the City of Glendale, who acknowledged that he executed this instrument for
the purposes contained therein.
My commission expires: 4k-4
T ry Public
MESS GARNWY
Notary Public•Stale of Arizona
MARlCOPA COUNTY
r Commission#686181
nt'� Expires May 15,2029
GRANTEE:
C
Bryn 'Thomas, President
Valley Utilities Water Co., Inc.
State of: Ari-'on a
County of:
The foregoing instrument was acknowledged before me this 9 f'z day of 2025
by Bryan Thomas.
M commission expires: �t C'uAA- i �J
y p _ J
Notary°P ibli
VERONICA G GONZALEZ
Notary Public,State of Arizona
Maricops County
y Commission#651868
My Commission Expires
August 15,2027
EXHIBIT A
LEGAL DESCRIPTION EPS
LITCHFIELD&NORTHERN INDUSTRIAL G R O U P
WATER EASEMENT
JOB NO.22-0186 JANUARY 28,2025
A PORTION OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 1 WEST, OF THE
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT BRASS CAP IN A HAND HOLE AT THE NORTH QUARTER CORNER OF SAID SECTION 3,
FROM WHICH A BRASS CAP IN HAND HOLE AT THE NORTHWEST CORNER OF SAID SECTION 3, BEARS
NORTH 89 DEGREES 12 MINUTES 48 SECONDS WEST(BASIS OF BEARING)2,629.01 FEET;
THENCE ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, SOUTH 2 DEGREES 04 MINUTES 48
SECONDS EAST, 2316.12 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 01 MINUTES 36 SECONDS EAST,86.31 FEET;
THENCE SOUTH 46 DEGREES 50 MINUTES 33 SECONDS EAST, 129.99 FEET;
THENCE SOUTH 42 DEGREES 50 MINUTES 14 SECONDS WEST,32.75 FEET;
THENCE SOUTH 47 DEGREES 08 MINUTES 38 SECONDS EAST, 139.76 FEET;
THENCE SOUTH 1 DEGREES 56 MINUTES 38 SECONDS EAST,79.68 FEET;
THENCE ALONG THE NORTH LINE OF THE SOUTH 2O.00 FEET OF SAID NORTHEAST QUARTER, NORTH 89
DEGREES 01 MINUTES 36 SECONDS WEST,20.03 FEET;
THENCE NORTH 1 DEGREES 56 MINUTES 38 SECONDS WEST,70.34 FEET;
THENCE NORTH 47 DEGREES 08 MINUTES 38 SECONDS WEST, 155.44 FEET;
THENCE NORTH 42 DEGREES 50 MINUTES 14 SECONDS EAST,32.88 FEET;
THENCE NORTH 46 DEGREES 50 MINUTES 33 SECONDS WEST,98.37 FEET;
THENCE NORTH 89 DEGREES 01 MINUTES 36 SECONDS WEST,77.53 FEET;
THENCE ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, NORTH 2 DEGREES 04 MINUTES 48
SECONDS WEST, 20.03 FEET TO THE POINT OF BEGINNING.
SAID PORTION OF LAND CONTAINING 9,162 SQUARE FEET, OR 0.2103 ACRES, MORE OR LESS, AND
BEING SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND/OR RIGHTS-OF-WAYS OF
RECORD OR OTHERWISE.
EPS Group,Inc. 1130 N Alma School Road,Suite 120+Mesa,AZ 85201
Tel(480)503-2250+Fax(480)503-2258
S:\Projects\2022\22-0186\Land Survey\Legals\22-0186 LD28-Water Esmt.docx
THIS DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE ANY SUBDIVISION REGULATIONS
OF THE STATE, COUNTY AND/OR MUNICIPALITY,OR ANY OTHER LAND DIVISION REGULATIONS.
�fo 5�''PL
3?495 0
ROBERT A.
i HNSTON r'
EPS Group,Inc.•1130 N Alma School Road,Sufte 120+Mesa,AZ 85201
Tel(480)503-2250+Fax(480)503-2258
S:\Projects\2022\22-0186\Land Survey\Legals\22-0186 LD28-Water Esmt.docx
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