HomeMy WebLinkAboutProperty #: P17-002 - 1/10/2017WHEN RECORDED MAIL TO;
SALT RIVER PROJECT
Land Department/PABW
P. O. Box 52025
Phoenix, Arizona 85072-2025
IRRIGATION EASEMENT
Maricopa County
KNOW ALL MEN BY THESE PRESENTS:
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
0170089649 02/06/2017
ELECTRONIC RECORDING
201758032-11-1-1--
Yorkm
CITY OF GLENDALE, ("Grantor"),
an Arizona municipal corporation
C17-0029 -
01/10/2017
R/W # 839 Agt. MEK
Job # LJ64298
W C
FOR AND IN CONSIDERATION OF THE SUM of One Dollar, and other valuable consideration, receipt
ofwhich 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.
02:47
20170089649
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.
20170089649
S. Grantor represents and warrants that it has the right, power, and authority to enter into and perform this
Agreement and to grant Grantee the rights to use the Easement Area as described herein. If Grantee's right
to use the Easement Area, in accordance with the provisions of this Agreement is challenged, Grantor shall
take all actions necessary to allow Grantee to continue to use the Easement Area for its Facilities with the
same rights and privileges as described in this Agreement. If Grantor determines to abandon the right of
way in which the Easement Area is located ("Abandoned ROW), Grantor shall cause the new fee tittle
owner of the Abandoned ROW to grant, or otherwise acknowledge the existence oil a first priority easement
vested in Grantee, authorizing Grantee's use of the Easement Area as described herein.
To the Extent not prohibited by law or expressly excepted herein, the City of Glendale, an Arizona municipal
corporation (and any successor public body designated by or pursuant to law), shall indemnify, release and
hold harmless, Grantee, Salt River Project Agricultural Improvement and Power District, Salt River Valley
Water Users' Association and the United States of America ("Indemnitees') and the directors, officers,
employees, agents, successors and assigns thereon against and from any damage, loss, cost, expense suit,
fine, penalty or liability of every kind or nature ("Liabilities"}, regardless of whether caused in whole or in
part by one or more indemnitees, as a result of any claim, demand, lawsuit or action of any kind whether
such Liabilities are to person or property, arising out of, resulting from or caused by any defect of deficiency
in (i) Grantor's right, pourer, or aurhority to grant Grantee the rights to use the Easement Area as described
herein, or (ii) Grantor's title to the real property underlying the Easement Area, including but not limited to
any Liabilities relating to claims of trespass or inverse condemnation. Such obligation to indemnify shall
extend to and encompass all costs incurred by indemnitees 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 Agreement.
20170089649
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 _12 day of
—2fll? .
THE CITY OF GLENDALE,
an Arizona municipal corporation
By:
Its: C 17 MAMA&ER
APPROVED AS TO FORM: ATTEST.,
City Clerk
C'
a
y for the City of
Glendale
20170089649
STATE OF ftri'zom )
�! !C ) ss.
COUNTY 4F �^_�
this P— day of J% Ja el beforQe the undersigned, l �Y appearedas of THE
CITY OF GLEND an Arizona municipal corporatand sucli46thorized representative
acknowledged that this document was executed on behalf of the corporation for the purposes therein
contained.
NotaryNMC
My Commission Expires:
Mail 3l, SII �1
WANNE BURT
FOP1600aftto.=8
Notary StamplSeal
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).
siu�.-a,ce�
20170089649
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:GAL DESCW27ONFOR
SRP EASEMENT - 5*h Avenue and Oltwe Avenue
Parcel No. 1
That part of the Northeast quarter of Section 31, Township 3 North, Range 2 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 31 (brass cap in handhole) firm which
the North quarter corner of said Section 31 (brass cap in handhole) bears South 88043151" West,
2637.96 feet;
thence South 88°43'51" West, 62.03 feet along the North line of said Section 31;
thence deporting said North line of Section 31, South 01 ° 16W East, 55.00 feet to the South line
of the North 55.00 feet of said Section 31 and the POINT OF BEGINNING;
South 8843'51" West, 27.36 feet along said South line of the North 55.00 feet of Section 31;
thence departing said South line of the North 55.00 feet of Section 31, North 4401729" West,
13.68 feet to the South line of the North 45.00 feet of said Section 31;
thence South 88043'51" West, 257.18 feet along said South line of the North 45.00 feet of
Section 31;
thence departing said South line of the North 45.00 feet of Section 31, North 00° 12139" West,
20.00 feet to the South line of the North 25.00 feet of said Section 31;
thence North 88°43'51" East, 265.50 feet along said South line of the North 25.00 feet of Section
31;
thence departing said South line of the North 25.00 feet of Section 31, South 4401729" East,
41.03 feet to the POINT OF BEGINNING.
Said Parcel No. l contains 5,774 square feet or 0.1326 acnes more or less.
Parcel No. 2
That part of the Northeast quarter of Salon 31, Township 3 North, Range 2 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 31 (brass cap in handhole) form which
the East quarter comer of said Section 31 (aluminum cap in handhole) bears South 00°12139"
East, 2620.72 feet;
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20170089649
Page 2 oft
thence South 00" 12'39" East, 56.03 feet along the East line of said Section 31;
thence departing said East line of Section 31, South 89"47'21" West, 35.00 feet to the West line
of the East 35.00 feet of said Section 31 and the POINT OF BEGINNING;
thence South 00012'39" East, 32.35 feet along said West line of the East 35.00 feet of Section 31;
thence departing said West line of the East 35.00 feet of Section 31, North 89"4721" East, 7.00
feet to the west line of the East 28.00 feet of said Section 31;
thence South 00"1219" East, 267.52 feet along said West line of the East 28.00 feet of Section
31;
thence departing said West line of the East 28,00 feet of Section 31, North 89°4721" East, 3.00
feet to the West line of the East 25.00 feet of said Section 31;
thence South 00"12'39" East, 42.00 fact along said West line of the East 25.00 feet of Section 31;
thence departing said Wert line of the East 25.00 feet of Section 31, South 8904721" West,
20.00 feet to the West line of the East 45.00 feet of said Section 31;
thence North 0001239" West, 42.00 feet along said West line of the East 45.00 feet of Section
31;
thence departing said West line of the East 45.00 feet of Section 31, South 88"4351" West, 3.00
feet to the West line of the East 48.00 feet of said Section 31;
North 00"12139" West, 254.00 feet along said the West line of the East 48.00 feet of Section 31;
thence departing said West line of the East 48.00 feet of Section 31, South 89"4721" West, 7.00
feet to the West line of the East 55.00 feat of said Section 31;
North 0001239" West, 45.92 feet along said West line of the.East 55.00 feet of Section 31;
thence departing said West line of the East 55.00 feet of Section 31, North 89°4721" East, 20.00
fea=t to the POINT OF BEGINNING.
Said. Parcel No. 2 contains 6,932 square feet or 0.1591 acres more or less.
Said Parcel Nos.1 and 2 contain a total of 12,706 square fent
or 0.2917 acres more or less.
p..r -59mouw 1-8- 10 -I&P-asummisukm
Gx1 . e6r3o f ZoI B
20170089649
EXHIBIT MAP
LEGAL DESCRIPTION FOR
SRP EASEMENT
59th Avenue & Olive avenue
OLIVE AVENUE
Parcel No. 1
5,TT4 sf
DATA TABLE k== -.r
1
S88° 43'
S1' W
2637.96'
13
S00°
12'
39'
E
32.35'
2
S88° 43'
S1'
W
62.03'
14
N890
47'
21'
E
7.00'
3
S01 ° 16'
09'
E
55.00'
15
S000
12'
39'
E
267.52'
4
S880 43'
S1'
W
27.36'
16
N890
47'
21'
E
3.00'
5
N44" 17'
29'
W
13.68'
17
S00°
12'
39'
E
42.00'
6
S880 43'
S1'
W
257.18'
18
S890
47'
21'
W
20.00'
7
N000 12'
39'
W
20.00'
19
N00'
12'
39'
W
42.00'
8
N88°43'
51'
E
265.50'
20
S880
43'
S1'
W
3.00'
9
S44° 17'
29'
E
41.03'
21
N00°
12'
39'
W
254.00'
10
S00° 12'
39'
E
2620.72'
22
S89°
47'
21'
W
7.00'
11
S00° 12'
39'
E
56.03'
23
N000
12'
39'
W
45.92'
12
S89° 47'
21'
W
35.00'
24
N89.47'
21'
E
20.00'
0 40 so
,*k& SRP EASEMENT
. ►, QF,mY =vVelmm. I 59th Ave & Olive Ave Suet 1 of 1
2' -01
M NIMUM,
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20170089649
EXHIBIT
B
REV
NO. DATE
(PAGE i OF
2)
5 06/08/11
UWG RLFLRLNCLD
FROM CRiGINAL
E
WLS-ROWGU I UL
PIPE
21 -0.
0. D.
M N.
TYP I CAI FXCAVAT I ON !OR
SRP RRIGATION P PF
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it i II,L �i I
_III– .T
PIPELINE - UTILITY CROSSING
2' 0'
M N I ARUM
21-09
�- M N.
I YP I CAL LXCAVA i I ON -0-i
SRP RRIGATION P PE
_,---_ S -EE NOTE 3
1 II I -
SUR
1•
I Ilil , III 11 1 I(
-PARALLEL
AR=A BFI -CW SRP t l — 'i JT I _ I TY
IRR,GAT10N PIPE
SEE NOTE 3
PIPELINE - PARALLEL UTILITY
a
O r—� 4' -0' CLEAR
w Z MINIMUM
J-
tV U:�
T --1 RETENTI \
OAS IK I
SRP
PIPE —rmL741 ITT.Ij
—
PIPELINES - RETENTION BASIN
20170089649
EXHIBIT B
(PAGE 2 OF 2)
4' 0'
MINIMUM Cl FARANCF SRP IRRIGATION
AROUND ALL-STRUCTURE/FACILITY
SRP IRRIGAIION
STRLCTUR--S/FACILITIES
(TYP I CAI )
-------------------------
IRRIGATION
STRUCTURE/FACILITY
CLEARANCE
OLTSIDE
;DIAMETER/
,PER;METER--
O- NATURE
I TRFF
CANOPY
1 �
t 1
1 ti
1
I CSP R/ W
it �
I 11
1 11 Ij� 1�
I 11
SRP -
---1� II PIDE
EDGE OF
I -lI EXCAVA-ION
FOR ROOT BALL
PIPELINES - LANDSCAPING
NOTES
DWG REFERENCED
=ROM ORIGINAL
WES-ROWGJ DE
I. THESE GU DE_INES ARE PROVIDED AS A GENERAL AID TO PLANNING. ACTJAL SRP
REOJIREMENTS MA" VARY BASED ON SITE-SPECI=IC CONDITIONS, OPERATIONAL
CONSIDERATIONS. ETC.
2. AN SRP L CENSE IS REOJIRED FOR UT LITIES CROSSING/PARALLEL TO SRP
IRRIGATION PI'= IN SRP RIGHT-OF-WAY. SRP REQUIRES ENGINEER DESIGNED
UTILITY CROSSING/_OCATION AND EXCAVATION PLAN.
3. OTHER UT LI -IES ARE NOT PERMIT -ED IN T -ESE AREAS.
4. SZP MAY _ICEKSE LIMITED JSES OF I -S RIGHT-OF-WAY SUCF AS PARKING.
S I DEWAI K, I AWN, FTC. POI FS, STRUCTUR= S AND TRFFS ARE T" I CAI I Y NOT
PERMITTED IN SRP RIGHT-OF-WAY. INC_UDE DESIGN DRAWINGS FOR PROPOSED
USE WHEN SUBMIT-ING REOUEST TO SRP FOR LICENSE.
5. RCOUCSTS FOR SRP LICENSES ARE AKDL=D ON A CASC 3Y CAS` BASIS. CONTACT
SRP AT 602-736-5799 RFGARDING IIC=NS=S =OR SITFS .00ATF) NOR -H AND
SOUTH OF THE SA -T RIVER.