B1. CITY OF GLENDALE EASEMENT (FCD PERMIT #2022P249).PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009 (MDH)

EXEMPT ARS § 11-1134, A2
FCD 1999R016

NON-EXCLUSIVE UTILITY EASEMENT

FCD Project: Arizona Canal Diversion Channel
Reach 1 (ACDC)

FCD Parcel No.: T-055

APN: 200-64-003S ptn.

FCD Permit No.: 2022P249

This Non-Exclusive Utility Easement is entered into by and between the following parties and
becomes effective as of the date of recordation with the Maricopa County Recorder.

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona

GRANTEE: CITY OF GLENDALE, an Arizona municipal corporation, and/or its
successors and assigns

In accordance with GRANTOR’S Board of Directors Resolutions 2018R013 dated
October 24, 2018 and 88-5 dated January 16, 1989, for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to
GRANTEE a non-exclusive utility easement in, upon, over, under, across, through and along a
portion of the premises set forth in instrument number 19820034338, recorded February 04, 1982
in the official records of Maricopa County (“Burdened Property”). The granted easement,
described on the attached Exhibit “A” (“Easement”), is for the purpose of constructing, operating,
repairing, and maintaining a Lift Station and appurtenances thereto (collectively, the “Facility”),

in accordance with FCD Right-of-Way Use Permit No. 2022P249 (“FCD Permit”).

Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural resource regulations, and all land use
regulations, covenants, conditions, restrictions, easements, rights-of-way, and other matters of

record, or not of record, that could be disclosed by a visual inspection or accurate survey of the

real property.

Page | of 8

This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
have unrestricted access to and use of the Easement for the purpose of operation and maintenance
of the flood control project known as the Arizona Canal Diversion Channel Reach 1(Project).
GRANTOR shall endeavor to use its best efforts to operate and maintain the Project in a manner
which will not unreasonably interfere with the GRANTEE’S rights granted by this Easement.
GRANTEE assumes all risk of damage to its Facility resulting from the Burdened Property

functioning as a flood control project.

In the event any use or activity conducted pursuant to the rights granted in this easement
by the GRANTEE interferes with GRANTOR’S use of the Burdened Property or the Burdened
Property is needed to construct, maintain, or relocate any portion of GRANTOR’S Project
(collectively “Interference”), GRANTEE shall, at GRANTOR’S request and GRANTEE’S sole
expense, eliminate the Interference upon notice from the GRANTOR. If elimination of
Interference, including but not limited to the relocation of the Facility, or any part thereof, requires
a tight of way use permit, actual construction shall begin within thirty (30) days following
GRANTOR’S issuance of a right-of-way use permit. Upon mutual agreement, the time frame
for the start and completion of said work may be extended so long as such extension does not
interfere with the requirements of GRANTOR. If GRANTEE’S effort to eliminate the
Interference causes GRANTOR construction delay penalties pursuant to GRANTOR’S contract
with a third party, a copy of which will be provided to GRANTEE upon request, GRANTEE
shall reimburse GRANTOR for amount of such penalty within sixty (60) days after GRANTEE’S
receipt of the GRANTOR’S invoice for said penalties.

The GRANTEE shall, at its sole cost and expense, maintain the Easement, and
GRANTEE’S Facility located within the Easement, in a state of good repair and in a safe
condition, including without limitation the removal of trash and debris from the Easement. The
rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now
growing, or that may hereafter grow, within the Easement, or that may extend over the Easement,
so as to protect the same from interfering with the maintenance and operation of GRANTEE’S
Facility.

Page 2 of 8
APN: 200-64-003S ptn.

FCD Project: ACDC FCD Permit No.: 2022P249

FCD Parcel No.: T-055

After the installation of GRANTEE’S Facility in accordance with said FCD Permit, any
modification whatsoever to the Easement, the Facility, or any appurtenance of GRANTEE located
therein, that is not in compliance with said FCD Permit, will require GRANTEE to apply for and
obtain a new right-of-way use permit from GRANTOR. GRANTOR will process any such
application in accordance with GRANTOR’S right-of-way use permit approval process.

GRANTEE shall indemnify GRANTOR for any and all damages and costs, including
without limitation, reasonable attorney's fees, court costs, and all other expenses relating to the
defense of claims or litigation, caused by or arising from the exercise of GRANTEE’S rights
pursuant to the terms of this Easement, excepting therefrom any such injury, damage or costs
caused by or arising solely from the gross negligence, or actions that are purposeful or undertaken
without regard to the consequences, by the GRANTOR, its officers, employees, agents or

contractors.

In the event GRANTEE fails to install the Facility within the Easement, or in the event
GRANTEE removes the Facility, or in the event the Facility ceases to function, or in the event of
any other event giving evidence to GRANTOR that the GRANTEE has abandoned the use of this
Easement, then and in such event, GRANTOR shall notify GRANTEE, in writing, that
GRANTOR considers that the Easement has been abandoned. In such event, GRANTEE shall
provide confirmation to GRANTOR that the Easement has been abandoned, or in the event
GRANTEE shall fail to reply that there has been no intent to abandon the Easement within thirty
(30) days of receipt of the aforesaid notice from the GRANTOR, this Easement shall be deemed
to be abandoned and GRANTOR shall be permitted to record a termination of this Easement in
the public records of Maricopa County. Unless and until such termination is recorded by

GRANTOR, this Easement shall remain in full force and effect.

The rights and privileges granted in this Easement are solely for GRANTEE to use the
Easement for the purpose stated herein, and do not include the right to permit and/or grant any other

use of the Easement to another party.

This Easement shall run with the land and is binding on all parties.

Page 3 of 8
APN: 200-64-003S ptn.

FCD Project: ACDC FCD Permit No.: 2022P249

FCD Parcel No.: T-055

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midwaul Fulton 3/16/2023
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:
( AS— 3/16/2023
F0612BOD565D4CC...
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:
Wana Pre 3/15/2023
[ 1BD100B524D1...
District General Counsel Date

Page 4 of 8
APN: 200-64-003S ptn.

FCD Project: ACDC FCD Permit No.: 2022P249

FCD Parcel No.: T-055

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA

COUNTY

Clint Hickman 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 Clint Hickman, 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

FCD Project: ACDC
FCD Parcel No.: T-055

2023.

Notary Public (signature)

APN: 200-64-003S ptn.
FCD Permit No.: 2022P249

GRANTEE ACCEPTANCE AND APPROVAL:

CITY OF GLENDALE, an Arizona municipal corporation

yee,

Kevin R. Phelps, City Manager

ATTEST:

LDR
lie K. Bower Daté
(Seal)

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA.)

The foregoing instrument was a ae before me this 2 day of M nron >
Pe) myhge

a me ADT, .
2023, by , City Manager for the City of Glendale, who acknowledged that he

executed this instrument for the purposes therein contained.

My Commission Expires Nau 2 2023
DEANNE TORRES Notary Pubic (Signature)

Public - State of Arizona
Nolet ARICOPA COUNTY
Commission # 563258
Expires May 31, 2023

APPROVED AS TO FORM:

Michael D.\Railey/C y Attorney Dhte \

Page 6 of 8
APN: 200-64-003S ptn.

FCD Project: ACDC FCD Permit No.: 2022P249

FCD Parcel No.: T-055

Exhibit “A” - Easement
Attached to Non-exclusive Utility Easement

LEGAL DESCRIPTION
GLENDALE LIFT STATION 2 (67TH & ACDC) EASEMENT

A. PORTION OF LAND IN THE SGUTKEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH,
RANGE 1 EAST, OF THE GILA AND SALT RIVER MERICIAN, MARIGCRA COUNTY ARONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

COMMENCING AT THE EAST QUARTER CORNER OF SECTION 12 TOWNSHIP 3 NORTH, RANGE 7 EAST, BEING A 3 IKCH CITY OF
GLENDALE BRASS CAP FLUSH, STAMPED “N 597°, THENCE NORTH 00°41 08" EAST, ALONG THE EAST SECTION LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1,154.63 FEET, THENCE DEPARTING SAID EAST LINE OF THE
NORTHEAST QUARTER | OF SAID SECTION 12, NORTH 88°26'54* WEST, A DISTANCE OF 55.00 FEET, 10 THE WEST
RIGHT-OF-WAY OF 67" AVENUE, AS REGORDED IN BK. 18, PG. 13 (M.C.B.}, THENCE CONTINUING NORTH B0°28'S4" WEST, A
OISTANGE OF 86.00 FEET, TO A FOUND 42 INGH REBAR WITH YELLOW GAP MARKED “LS 28259", THENCE NORTH 00°31'06"
EAST, A DISTANCE GF 37.76 FEET TO A 4$ INCH REBAR WITH YELLOW GAP MARKED “LS 29250", ALSO BEING THE POINT OF
BEGINNING.

THENCE CONTINUING NORTH 00°31'06" EAST, A DISTANCE OF 12.24 FEET, TO A 44 1INCH REBAR WITH YELLOW GAP MARKED
“LS 20259";

THENGE KORTH 47°17'50" WEST, A DISTANCE OF 86,37 FEET, TO A 4 INCH REBAR WITH YELLOW CAP MARKED “LS 29259";
THENGE WORTH 89°28'54° WEST, A DISTANCE OF 29.83 FEET, TO A 4% INCH REBAR WITH YELLOW CAP MARKED “LS 29250",
ALSO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS BEARING SOUTH
35°32'50" WEST, A DISTANCE GF 1845.00 FEET:

THENCE ALONG THE ARC OF SAID HON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 00°20°34", A DISTANCE OF 10.86
FEET;

THENCE NORTH 90°C0'00" EAST, A DISTANCE GF 48.69 FEET;
THENCE SOUTH 51°4247" EAST, A DISTANCE OF 73.45 FEET;

THERCE SOUTH 0070003" EAST, A DISTANCE OF 35.55, TO THE BEGINNING OF 4 NON-TANGENT CURVE, CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS BEARING SOUTH 39°25'30" WEST. A DISTANCE OF 1875.00 FEET;

THENCE ALONG THE ARC OF SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 0077055", A DISTANCE OF 5.77
FEET, TO THE POINT OF BEGINNING

CONTAINING 1,539.28 SQUARE FEET OR 0.035 ACRES, MORE OR LESS.

G12 as EASEMENT PROJECT NO, AZ39600300
WS oan led DATE: 11/02/2022
ann, SUBMITS. CITY OF GLENDALE LIFT STATION 2 BY: DLJ
15621 N. 23RD. DRIVE, STE 150, .
PHOENIX, AZ 85027 GHD SCALE: NA
TEL(E02)977-8000 GLENDALE, ARIZO! 2
FAX:(602)377-5039 NDALE, ARIZONA SHEET NO. 1OF2
Page 7 of 8

APN: 200-64-003S ptn.

FCD Project: ACDC FCD Permit No.: 2022P249

FCD Parcel No.: T-055

Exhibit “A” - continued
Attached to Non-exclusive Utility Easement

L4

FOUND BRASS CAP IN HAND HOLE _~
NECOR SEC 12, },

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‘| CITY OF GLENDALE = Ih

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. 89°28'54°W BB. N89°28'54"W
& a ey NEE ZB SAW BB. joy 4
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+ 8
55' ROW cs
BK 16 PG13 Sai
Line Table Curve Table i MGR. lig S ~
une# | Length | Direction Curves | Length | Radius | gece, | Deka i is ou
« fe
Li | 37.76" | nooes108"E ci | 10.6 | 1815.00" | sas*azearw]oae20'24" Hw agu
= oe
L2 | 12.24 | Nogestos'e e2 | 677° | 1815.00" | s30*2530"w]age10'55' iB Biz
5
L3 | 29.63" | Neot2ee4"w 12 J r
4 | 48.60" | Noa*DDO0'E LEGEND | v
ts | 3586 | soconose e FOUND MONUMENT (AS NOTED)
EASEMENT LINE
--—--— + -- TIE LINE
— — — —— _ RIGHT OF Way
EXISTING FENCE
wee FUTURE WALL
GT 2 vite EASEMENT PROJECT NO. AZ39800300
AS CIGARS DATE: 11/02/2022
tareeenraue  abecheahed CITY OF GLENDALE LIFT STATION 2 BY: DLJ
19621 N. 23RD. DRIVE, STE 150,
PHOENIX, AZ 85027 GHD SCALE: rao
TEL:(€02|977-8000 GLENDALE, ARIZONA 8 20F2
FAX602}977-8039 SHEET NO. oF
Page 8 of 8

APN: 200-64-003S ptn.

FCD Project: ACDC FCD Permit No.: 2022P249

FCD Parcel No.: T-055