C. EASEMENT FOR FLOOD CONTROL PURPOSES.PDF

When recorded, return to:
Maricopa County
Real Estate Department [MM]
Exempt ARS § 11-1134, A2
Resolution: 2002R008
MM/ TD
EASEMENT FOR FLOOD CONTROL PURPOSES
Assessor's Parcel No.: 219-24-155
PCN: 420.04.31
Project: Oak Street Storm Drain and Basin
Item: F00418-DE
This easement for flood control purposes is entered into as of the last date executed below by and between
the following parties.
GRANTOR: Thunder Mountain Improvement Association, an Arizona corporation
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 TEN and no/100 Dollars ($10.00), 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

Assessot's Parcel No.: 219-24-155
PCN: 420.04.31
Project: Oak Street Storm Drain and Basin
Item: F00418-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, defend and hold harmless the 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 contractors.
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

Assessot's Parcel No.: 219-24-155
PCN: 420.04.31
Project: Oak Street Storm Drain and Basin
Item: F00418-DE
HN Al
Dated this day of Apr 20
, .
§
GRANTOR: Thunder Mountain Improvement Association, an Arizona
a,
Harold Cohen (Signature) Tr acy Sgh¢field (Signature)
Its: President Its: Community Manager
STATE OF ARIZONA
§
COUNTY OF MARICOPA)
Uh
Apt
The foregoing instrument was acknowledged before me this day of
,
A\
20 by Harold Cohen its President and Tracy Schofield its Community Manager of
,
Thunder Mountain Improvement Association an Arizona corporation, on behalf the corporation.
/0 AZ -I07 2 :
ommission Expires ¢
Notary Public (signaturey
Oe
ICHELLE MOY
spore - State of Arizon@
MARIC OPA COUNTY
Commission # 553544
Expires October 25, 2022
Notary Stamp Seal
Page 3 of 6

Assessot's Parcel No.: 219-24-155
PCN: 420.04.31
Project: Oak Street Storm Drain and Basin
Item: F00418-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:
Michelle Colby, SR/WA Date
Director, Real Estate Department
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 Easement
Parcel No. 219-24-155
Project No. 420.04.31
OAK STREET BASIN AND DRAIN-HERMOSA VISTA
Item No. F00418-DE
LEGAL DESCRIPTION FOR EASEMENT
A parcel of land in the Southwest 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 northeasterly corner of Parcel “C” of Thunder Mountain, recorded in Book 285 of
Maps, Page 44, Maricopa County Records;
thence along the easterly line of said property South 00°09'05" East, for a distance of 214.87 feet;
thence departing said easterly line South 89°50'55" West, for a distance of 25.00 feet to the westerly
line of said property, said line also being parallel with and 40.00 feet easterly of the West line of said
Southwest quarter;
thence along said parallel line North 00°09'05" West, for a distance of 190.00 feet;
thence departing said parallel line North 44°59'33" East, for a distance of 35.27 feet to the Point of
Beginning.
The above described parcel contains 5,061 square feet or 0.1162 acres, more or less, and is depicted on
the attached Exhibit “B”.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 02/22/2021 HP_| Chk: | Appr: AWG 2/22/2021
Rev:
Maricopa County Real Estate Department vd
t
GRANTOR_Z.A_DATE_'+{/ 7/2)
Page | of | Page 5 of 6 _

Exhibit B, Attached to Easement
N
OAK STREET
Not to Scale
40'
rw /
EXIST
|
| 219-24-019
BEARING LENGTH
| S.00°09'05" E 214.87'
S 89°50'55" W 29.00"
|
N 00°09'05" W 190.00'
| N 44°59'33" E 35.27'
|
|
ROAD
|
|
Thunder Mountain
| F00418-DE
HAWES MCR 285-44
a
LN
| 219-24-018
SEC
|
2 |
ON
40’
I >
| F00418
| 219-24-155
=
Parcel C
kK
”
in
F00418-DE Area: 5,061 square feet or 0.1162 acres
Total Req'd. Area: 5,061 square feet or 0.1162 acres 1 of 1
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
APN 219-24-155 OAK STREET BASIN AND DRAIN - HERMOSA VISTA
PROJECT No. 420.04.31 | ITEM No. F00418-DE DATE 02/22/2021 RAW T.D. Tech HP Page 6 of 6