SPECIAL WARRANTY DEED (FCD TO CITY OF PHX).PDF

When recorded, Interoffice Mail to:
Maricopa County

Real Estate Department

2801 W. Durango St.

Phoenix, AZ 85009 (MH)

EXEMPT ARS 8 11-1134, A3
C-

SPECIAL WARRANTY DEED

Project: Dreamy Draw Dam
FCD Parcel Nos.: DDRAW-1,2 & 3
Assessor Parcel Nos.: 165-12-014B, 016B & 017B

The Flood Control District of Maricopa County, a political subdivision of the State of Arizona,
GRANTOR, for the sum of Five Thousand Dollars and no/100 ($5,000.00), and other valuable
consideration, receipt and sufficiency of which are hereby acknowledged, paid by the City of
Phoenix, a municipal corporation of the State of Arizona, GRANTEE, by this Deed does grant, sell,
and convey unto the said GRANTEE all that certain real property situated in the County of
Maricopa, State of Arizona, described as follows:

See Attached Exhibit “A” and Exhibit “B”

Attached hereto and incorporated herein

The GRANTOR hereby conveys unto GRANTEE all warranties of title for its acts and not the acts
of others, of any nature whatsoever. If this property is subsequently sold by the GRANTEE as
undeveloped property for a price exceeding the original sale price, the GRANTOR shall be paid the
difference between the original price and the subsequent sale price.

SUBJECT TO: Current taxes and other assessments, reservations in patents and all easements,
rights of way, encumbrances, liens, conditions, restrictions, obligations and liabilities as may appear

of record.

RESERVING HOWEVER TO GRANTOR, a perpetual and assignable right, power, privilege and
easement over all of the property described in Exhibit “A” and depicted in Exhibit “B” to, access,

inspect, operate, maintain and make improvements to allow the GRANTOR to provide protection

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from flooding, and to overflow, flood, and submerge on, over, and across said real property. Any and
all drainage and flood protection improvements constructed within easement by GRANTOR require
prior approval by GRANTEE, which shall be timely and may not be unreasonably withheld and
must maintain a minimum distance of 15’ feet from GRANTOR’s waterline. No development by
GRANTEE within the real property granted herein shall occur without the prior approval by the
GRANTOR. GRANTOR will process any such request in accordance with GRANTOR’S right-of-

way use permit approval process applicable at the time said request is made.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

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GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midal Fulton 4/26/2023
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:
——F0812B0D585D4CC.

Alex Smith, Director Date
Maricopa County Real Estate Department

APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.

‘DocuSigned by:

Cc Puck 4/25/2023
B2E0BD10DB524D1...

District General Counsel Date

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APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY

Bill Gates Date
Chairman of the Board
ATTEST:
Clerk of the Board Date
STATE OF ARIZONA )

SS

COUNTY OF MARICOPA)

Before me, Notary Public in and for said County, State of

Arizona, on this day personally appeared Bill Gates, known to me to be the person whose name is
subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision in the

foregoing instrument.

Given under my hand and seal of the office this day of. 202__

My Commission Expires

Notary Public (signature)

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GRANTEE ACCEPTANCE AND APPROVAL:

CITY OF PHOENIX, a municipal corporation of the State of Arizona, and/or its successors

and assigns

wy: fin £ Mh

"AR Schmalz

Its: Deputy Finance Director

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this _/ qn day of Ave | >

2023, by Jami R. Schmalz its Deputy Finance Director of City of Phoenix, a municipal

corporation of the State of Arizona, and/or its successors and assigns.

My Commission Expires # i) ust 14,225

tombe.

Yano”

Notary Public (signature)

APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney

By: Deryck R. Lavelle
Its: Chief Counsel

Date

ATTEST:

By: Denise Archibald
Its: City Clerk

Date

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CASEY COMBER

<i, NOTARY PUBLIC - ARIZONA

MARICOPA COUNTY
COMMISSION # 611190
MY COMMISSION EXPIRES
AUGUST 14, 2025

GRANTEE ACCEPTANCE AND APPROVAL:

CITY OF PHOENIX, a municipal corporation of the State of Arizona, and/or its successors
and assigns

By: 4 Mushy

Janff R. Schmalz

Its: Deputy Finance Director

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this / is day of Art| Fi

2023, by Jami R. Schmalz its Deputy Finance Director of City of Phoenix, a municipal
corporation of the State of Arizona, and/or its successors and assigns.

My Commission Expires_ A v9) ust 14,225 Yomery” Comber.

Notary Public (signature)

APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney CASEY COMBER

fryck Cavelle (Apr 17, 2023 17:00 PDT) COMMISSION Selec
By: Deryck R. Lavelle me Marie

Its: Chief Counsel

Date Apr 17, 2023

ATTEST:

yur footbed

By: — Denise Archibald
Its: City Clerk

Date Apr 19, 2023

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Project No, 203.01.12
DREAMY DRAW DAM
APN 165-12-014B, 016B & 017B
Item No, DDRAW-1, 2 & 3

EXHIBIT “A”
LEGAL DESCRIPTION

A parcel of land situated in the Southwest Quarter of Section 26, Township 3 North, Range 3 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona; said parcel also being
described in Maricopa County Recorder’s (MCR) Book 1114, Page 8 and being more particularly
described as follows:

Commencing at the South Quarter corner of said Section 26, from which the Southwest corner of said
Section 26, bears North 88°48'41" West, a distance of 2922.19 feet;

thence along the South line of said Section 26, North 88°48'41" West, for a distance of 1459.91 feet to
the West 1/16" corner of Section 26 and Section 35, said corner also being the Point of Beginning;

thence continuing along said South line. North 88°48'41" West, for a distance of 330.00 feet;
thence departing said South line, North 31°44'53" East, fora distance of 394.57 feet;

thence South 89°14'46" East, for a distance of 89.96 feet;

thence North 00°13'45" West, for a distance of 141.41 feet;

thence North 89°31'02" East, for a distance of 139.80 feet;

thence South 00°21'24" East, for a distance of 314.42 fcet;

thence North 89°35'25" West, for a distance of 110.00 feet;

thence South 00°23'24" East, for a distance of 170.16 feet to the Point of Beginning.

The above described parcel contains 115,246 square feet or 2.6457 ucres, more or less, and is depicted
on attached Exhibit "B".

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 8/24/2022 | Chk: JA | Appr:
Rev:

Maricopa County Real Estate Department

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DDRAW-1, 2 & 3 N
APN: 165-12-014B, 016B & 017B
DREAMY DRAW DAM
Exhibit "B"

N.T.S.

3H No. | BEARING [LENGTH

Li_|_NS8°48'41"W | 330.00

12 N3E°44'S3"E | 394,57

L3 §89°14'46"E 89,96'

RIE SE L4_| Nowis4s"w| 141.41"
a LS N89°31'02"E | 139.80!

L6 | 8002124" | 314.42"

L7_[_Ns9°35'25"W | 110.00!
L8 | S00°23'24"E | 170.16!

wy
=/8 K
Sle
=
‘.
L3 ba
de yY LI
A & poc
NW Ll 1459.91"
Nes°4e'41°W 2922.19" =
POB 3H
Rat

Total Area: 115,246 square foot or 2.6457 acres

MARICOPA COUNTY

DREAMY DRAW DAM

PROJECT No.203.01.12|ITEM No, DDRAW 1-3/DATE 08/24/2022 | MARICOPA COUNTY RIW AGENT M,H,

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