D. EASEMENT FOR FLOOD CONTROL PURPOSES.PDF

When recorded, return to:
Maricopa County
Real Estate Department [MM]
Exempt ARS § 11-1134, A2
Resolution: 2009R007
EASEMENT FOR FLOOD CONTROL PURPOSES
Assessor's Parcel No,: 219-24-004F
PCN: 420.04.31
Project: Oak Street Storm Drain and Basin
Item: F00420-DE
This easement for flood control purposes is entered into as of the last date executed below by and between
the following parties.
GRANTOR: CHRISTINE WIJCIK AND DENNIS WIJCIK, HUSBAND AND WIFE, as
community property with right of survivorship
GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political
subdivision of the State of Arizona, its agents, contractors, successors, and assigns
FOR AND IN CONSIDERATION of the sum of One Thousand Six Hundred Fifty and no/100 Dollars
($1,650.00), and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTOR does hereby grant and convey to the GRANTEE, a non-exclusive easement
("Easement") on, over, under, across, and through the real property described in Exhibit “A”, and
depicted on Exhibit “B”, which are both attached hereto and made a part hereof (collectively “Easement
Area”), for the purpose of construction, installation, reconstruction, operation, repair, replacement,
maintenance, and/or removal of a storm drain, and appurtenances thereto (“Facility”), together with: (1)
the right of unrestricted ingress and egress to, from, across, and along the Easement Area; and, (2) the
right, but not the obligation, to cut back and trim such portions of trees and vegetation that obstruct
or interfere with the efficient access to, and/or maintenance and operation of, the Facility.
RESERVING however to GRANTOR such rights and privileges as may be used and enjoyed by
GRANTOR without interfering with or abridging the rights herein granted to GRANTEE; provided
however, GRANTOR shall not construct, or permit the construction of, any permanent structures in the
Easement Area, nor plant any trees or deep-rooted vegetation, within the Easement Area. Any and all uses
of the Easement Area shall be subject to all federal, state and local laws and ordinances with respect to
environmental issues and land use.
Page 1 of 6

Assessor's Parcel No.: 219-24-004F
PCN: 420.04.31
Project: Oak Street Storm Drain and Basin
Item: F00420-DE
GRANTEE shall review and permit, in accordance with GRANTEE’S Right of Way Use Permit
process, any proposed modifications, new construction, and/or other activities undertaken or authorized by
GRANTOR within the Easement Area, prior to any work, to ensure the Facility’s intended use,
functionality, and GRANTEE’S ability to operate and maintain its Facility, are not adversely impacted or
diminished. If any GRANTOR use, or GRANTOR-authorized use, of the Easement Area causes
interference with GRANTEE’S Facility, then the GRANTOR and/or the user shall, at its/their sole cost
and expense, eliminate such interference.
The GRANTEE shall, at its sole cost and expense, maintain the flood control Facility and
Easement Area in a state of good repair and in a safe condition. GRANTEE shall also use its best efforts
to operate and maintain the flood control Facility in a manner which will not unreasonably interfere with
the GRANTOR’S rights reserved within this Easement.
In the event GRANTEE removes the Facility, or in the event the Easement ceases to be used for
the purposes it was granted, 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 is no longer being used for the
purpose it was granted or has been abandoned. In such event, GRANTEE shall respond to GRANTOR
as to whether the Easement Property is still being used for flood control purposes or has been abandoned.
If the Easement is no longer needed by GRANTEE, GRANTOR and GRANTEE shall execute a
termination of this Easement which GRANTOR shall record in the public records of Maricopa County.
Unless and until such termination is recorded, this Easement shall remain in full force and effect.
GRANTEE shall indemnify GRANTOR, for any and all damages caused by or arising from the
proximate result of the activities of the GRANTEE, and/or its officers, employees, agents and contractors,
in the exercise of GRANTEE’S rights pursuant to the terms of this Easement, except such injury or damage
caused by or arising from the negligence or willfulness of the GRANTOR, and/or its agents, invitees, or
contactors,
This Easement shall run with the land and shall be binding upon the parties.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW
Page 2 of 6

Assessor's Parcel No.: 219-24-004F
PCN: 420.04,31
Project: Oak Street Storm Drain and Basin
Item: F00420-DE
Dated this 4) day of ‘fe ju, 202).
GRANTOR(S): Christine Wijcik and Dennis Wijcik, husband and wife, as community property with
right of survivorship
Christine Wijcik (signature)
Wen INCE
OF PR TSA Gr vmesn )
OO NTE ) ss
OF
CONEY CANAD BK )
The foregoing instrument was acknowledged before me this C | day of Age Ju 2021, by
,
Christine Wijcik and Dennis Wijcik.
ELAINE AUBRY
5
tos . h ( Notary Public
My Commission Expires//-MAnN any LOMMISs;oN
4558 - 6th Avenue
Notary Publi¢: Prince George, BC V2L 5B5
Cae Ph. (250) 664-8442
BEE ads.
PRG ae
Page 3 of 6

Assessor's Patcel No.: 219-24-004F
PCN: 420.04.31
Project: Oak Street Storm Drain and Basin
Item: F00420-DE.
RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
Michael Fulton, Director Date Chairman of the Board
ATTEST:
Clerk of the Board Date
Approved as to form and within the powers and
authority granted to the Board of Directors.
General Counsel Date
Page 4 of 6

Exhibit “A”
Attached to Drainage Easement
Parcel No. 219-24-004F
Project No. 420.04.31
OAK STREET BASIN AND DRAIN-HERMOSA VISTA
Item No. F00420-DE
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A parcel of land in Northwest quarter of Section 33, Township 2 North, Range 7 East of the Gila and
Salt River Base and Meridian, and being more particularly described as follows:
Beginning at the Southeast corner of the property described in Document 2019-0374914, Maricopa
County Records;
thence along the South line of said Northwest quarter North 89°51'49" West, for a distance of 15.38
feet;
thence departing said South line North 56°32'11" East, for a distance of 18.47 feet to the easterly
property line of said property;
thence along said easterly property line South 00°08'11" West, for a distance of 10.22 feet to the Point
of Beginning.
The above described parcel contains 79 square feet or 0.0018 acres, more or less, and is depicted on
the attached Exhibit “B”.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 10/23/2020 HP | Chk: | Appr if- 20-2020
Rev:
Maricopa County Real Estate Department
GRANTOR(’ my DATE pt i] 9 |
Page | of 1 Page 5 of _ 6

Exhibit B, Attached to Drainage Easement N
NO. | BEARING LENGTH
i1 | N89°51'49"W 15.38'
L2 | N56°321"E 18.47'
L3__| $00°08'11" W 10.22"
Not fo Scale
F00420
249 219-24-004F
24 P/D 2019-0374914
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F00420-DE Area: 79 square feet or 0.0018 acres
Total Req'd. Area: 79 square feet or 0.0018 acres 1 of 1
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
APN 219-24-004F OAK STREET BASIN AND DRAIN - HERMOSA VISTA
PROJECT No. 420.04.31 | ITEM No. F00420-DE DATE 10/23/2020 RW T.D. Tech HP Page 6 of6