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Home My WebLink AboutProperty #: 10622 - 1/26/2016 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL ELECTRONIC RECORDING 20160416093,06/15/2016 11:34, WHEN RECORDED MAIL TO: ROWLSRP-6-1-1--,N SALT RIVER PROJECT Land Department/PAB350 P. O. Box 52025 Phoenix, Arizona 85072-2025 C-10622 RIGHT OF WAY LICENSE 01/26/2016 Maricopa County R/W No. 109 Agt. PAR KNOW ALL MEN BY THESE PRESENTS: That for the consideration of One($1.00) Dollar and other valuable considerations, SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, Licensor, hereby grants to the City of Glendale, an Arizona municipal corporation, Licensee, a Right of Way License ("License") conveying the nonexclusive right and privilege to enter upon and use the following described certain real property ("Licensed Property") and as depicted on Exhibit "A", for roadway and landscaping,water and sewer lines situated in the County of Maricopa, State of Arizona,to-wit: The South 45.00 feet of th East 20 feet of Parcel B of that certain Minor Land Division for Bethany Land Partners LLC, Recorded in Book 989 of Maps, Page 24 of the Official Records of the Maricopa County Recorder as Document 2008-458532 of Official Records. This License is subject to the paramount rights of the United States of America("USA") in and to the Licensed Property, federal reclamation law, and all agreements existing and to be made between and among the U.S.A.,the Salt River Valley Water Users' Association("Association")and Licensor regarding the management, care, operation and maintenance of the Reclamation Project. The License herein granted shall be subject to the following additional conditions: 1) Licensor shall retain the prior right to construct, reconstruct, operate and maintain its 3 existing and future irrigation, electrical and telecommunication facilities within the Licensed Property herein granted. 2) This License is nonexclusive and nothing herein shall be construed to prevent or restrict Licensor from granting other privileges to use the Licensed Property in a manner not inconsistent with Licensee's use of the Licensed Property in accordance with this License. 3) Licensor shall not be liable for any expense, cost or charge arising from Licensee's exercise of rights granted herein. Licensee shall reimburse Licensor for all costs and expenses incurred by Licensor to remove or relocate irrigation or electrical facilities and landscaping to accommodate the purposes for which this License is issued. 4) Prior to making any improvements or requesting any proposed alteration to existing structures within the Licensed Property, Licensee shall submit plans for Licensor's approval. Such approval shall not be unreasonably withheld. 5) To the extent not prohibited by law or expressly excepted herein, Licensee, its successors and assigns ("Indemnitors"), shall indemnify, release, and hold harmless Licensor, Association and the United States of America ("Indemnitees") and the directors, officers, employees, agents, successors and assigns thereof, against and from any damage, loss or liability caused in whole or in part by Licensee, regardless of whether caused in part by Indemnitees or any of them, and suffered by Indemnitees as a result of any claim, demand, lawsuit or action of any kind, whether such damage or loss is to person or property, arising out of, resulting from or caused by: (a)the acts or omissions of Licensee, its agents, contractors, officers, directors, or employees; (b) Licensee's use or occupancy of the Licensed Property for the purposes contemplated by this License, including but not limited to claims by third parties who are invited or permitted onto the Licensed Property, either expressly or impliedly, by Licensee or by the nature of Licensee's improvement or other use of the Licensed Property pursuant to this License; (c) Licensee's failure to comply with or fulfill its obligations established by this License or by law. Such obligation to indemnify shall extend to and encompass all costs incurred by Licensor 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. Indemnitors' obligation pursuant to this Section shall not extend to any damage, loss or liability as a result of any claim, demand, lawsuit or action of any kind, whether such damage, loss or liability is to person or property arising out of,resulting from or caused by the sole, exclusive acts or omissions of Indemnitees, their contractors, directors, officers, employees, agents, successors or assigns for which Licensor shall indemnify, release and hold harmless Indemnitors. Licensor's obligation to indemnify Indemnitors shall extend to and encompass all costs incurred by Indemnitors 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 License. 6) The License herein granted is subject to all prior licenses, leases, and easements of record. 7) Either party may terminate this License without cause upon not less than 360 days written notice. IN WITNESS WHEREOF, the parties hereto have executed this License this /-2...444 day of Fe_bruew i ,20 1 . LICENSOR: SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT By: 661412t & - 4y/,,,,d Its: 51_,Kiry 1--Arik)1) NAA11/43 A('R01-6c7tAIT STATE OF ARIZONA ) ) ss. County of Maricopa ) 4-1 On this t .day of fe.--kOrk,6..c.k , 20 L., the foregoing instrument was acknowledged before me by Poyhtic, (..lt • i ,4-1-41-0 , a S y', L-kw -4A-kvv.ig_oteht F164.vd-of the Land Department, SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona ("SRP"), on behalf of SRP. .„,.......„ 411., - ,,,171/ 7 .-----' Pi. stary Public My Commission Expires: „72-1y-ft--2-`6 ----I-el 0---r.--, JOSEPH M. MESSINA I Notary Pubiit•State at Arizona MAR1COPA COUNTY i , My Commission Expires I September 29,2019 IN WITNESS WHEREOF, City of Glendale, an Arizona municipal corporation, has caused its name to be executed by its duly authorized representative(s),this Zb day of 5Gin wary , 1 6 . APPROVED AS TO FORM LICENSEE: City of . e,an Arizona municipal corporation, >ty Att;i ey By Its /46—t „ C it/ Aft wn q.er ATT City Clerk STATE OF A- r Zoo e ) ) ss COUNTY OF ' ar;copq ) The forgoing instrument was acknowledged before me this 2 9 day of �crtrctr , 20 ( 6 by R.c.ka,-I Po wars , as C;1'7 Yvi.vv,a'Re- , City of Glendale,an Arizona municipal corporation of the State of Arizona, on behalf of such corporation. CHARLES GULLERMOZJNJGAVASQUEZ +p,;5 Wary Pubic-tete ofAdiaii :;� icoPACOUN1 r NotaryPublic `�'" M!►Commlsslon Exp/res July 2e,"le My Commission Expires: 7 -26"l`? 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). License Right of Way USA Fee Prop LA-051010 EXHIBIT"A" DESCRIPTION OF REAL ESTATE IN MARICOPA COUNTY STATE OF ARIZONA A PARCEL OF LAND LOCATED WITHIN THE EAST HALF (E1/2) OF THE NORTHWEST QUARTER (NW1/4), SECTION SIXTEEN (16), TOWNSHIP TWO (2) NORTH, RANGE ONE (1) EAST, GILA AND SALT RIVER MERIDIAN,MARICOPA COUNTY,ARIZONA,SAID AREA BEING DESCRIBED AS FOLLOWS: THE EAST 20 FEET OF PARCEL B OF THAT CERTAIN MINOR LAND DIVISION FOR BETHANY LAND PARTNERS LLC, RECORDED IN BOOK 989 OF MAPS, PAGE 24 OF THE OFFICIAL RECORDS OF THE MARICOPA COUNTY RECORDER AS DOCUMENT 2008-458532 OF OFFICIAL RECORDS. SAID PARCEL CONTAINS 27,618 SQUARE FEET OR 0.63 ACRES,MORE OR LESS. /4 ` _0 ®/may-=�1T�� -'�: % sso3o °V. r DOUGLAS = \Q TON Y� � \•.'Redo// F LONA%$. SHEET 1 OF 1 P:\9656-UOP Stadium\9656-01-005(SUR)\Survey\Legal Descriptions\9656_LEGAL USA.docx Bowman Consulting Group,Ltd. •1295 W Washington,Suite 108•Tempe,Arizona 85281 •P:480.629.8830 File: P:\9656 - UOP Stadium\9656-01-005 (SUR)\Survey\_Dwg\9656_EXH_USA.dwg Plot: 2015, Sep 22 N1/4 COR S16 . T.2N, R.1E 50' EASEMENT FOR DITCHES, �o� 0 ROADWAYS, & PRIVATE LANE I (N PER BOOK 280 OF DEEDS, i N.T.S. PAGE 401, MCR S89°30'56'E i X- 313.23' I i j 293.23' -rl r .1 20.00' 20' PROPOSED USA FEE 27,618 SQ.FT. 0.63 AC. cc U 8' OVERHEAD & U/G °-° LI o) ELECTRIC EASEMENT PER rn N J Co o DOC. 1995-0633238, MCR ''- CO w _J co c,; o w C) CD I � %,, CC o o r7 0 • CD L I 00 < N 0) : I j p Y O O O CD O Z O O I Z O 0 • O III .%.,.._ . 1 C) ''--- 16' EXCLUSIVE DETAIL'A' IRRIGATION EASEMENT PER DOC. 2002-0902142 & DOC. 2002-0902179, MCR ...../- SEE DETAIL 'A' • 20.02' )``' W1/4 COR S16 i T.2N, R.1E - 293.49'\� _ L --I - - 313.51' 2,341.59' _:_ C1/4 S16 _ S88°02'57"W 2,655.10' T.2N, R.1E EXHIBIT 1295 W Washington St, h08. v PROPOSED USA FEE Bowman Tempe, 4AZ8 8629 � cr'm BY:DT CHK:DT QC: DT Phone' (480) 829-8850 Fax. (4801 829-8841 cn BCG PROJECT NO:9656-01 TASK: 005 C0 N S U L T I N G wwwbowmanconeulting.com CLIENT REF NO: �7