E. DRAINAGE EASEMENT.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Department
2801 West Durango Street
Phoenix, Arizona 85009
EXEMPT ARS § 11-1134, A2
Resolution FCD 2018R006
DRAINAGE EASEMENT FOR FLOOD CONTROL PURPOSES
Parcel No.: 300-81-018B
Project No.: 117.01.31
Project Name: Hidden Valley Basins
Item: F00365
sO /KR
This drainage easement for flood control purposes is entered into as of the last date executed below by
and between the following parties.
GRANTORS: Jack John McNamara, an unmarried man and
Lisa Zanin and Henry Zanin, Jr., wife and husband
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, GRANTORS do
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 the basin, 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.
Page 1 of 7

Parcel No.: 300-81-018B
Project No.: 117.01.31
Project Name: Hidden Valley Basins
Item: F00365
RESERVING however to GRANTORS such rights and privileges as may be used and enjoyed by
GRANTORS without interfering with or abridging the rights herein granted to GRANTEE; provided
however, GRANTORS 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.
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
GRANTORS 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 GRANTORS use, or GRANTORS-authorized use, of the Easement Area causes
interference with GRANTEE’S Facility, then the GRANTORS 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 GRANTORS’ 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 GRANTORS that the
GRANTEE has abandoned the use of this Easement, then and in such event, GRANTORS shall notify
GRANTEE, in writing, that GRANTORS 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 GRANTORS
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, GRANTORS and GRANTEE shall execute a release
and relinquishment of this Easement which GRANTORS 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.
Page 2 of 7

Parcel No.: 300-81-018B
Project No.: 117.01.31
Project Name: Hidden Valley Basins
Item: F00365
GRANTEE shall indemnify GRANTORS, 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 GRANTORS, 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 PAGE(S) FOLLOW
Page 3 of 7

Parcel No.: 300-81-018B
Project No.: 117.01.31
Project Name: Hidden Valley Basins
Item: F00365
GRANTORS: Jack John McNamara, an unmarried man and
Lisa Zanin and Henry Zanin, Jr., wife and husband
STATE OF YWy)2zone )
COUNTY OF Wav op )
The foregoing instrument was acknowledged before me this Quy day of. Mayen
20 Al , by Jack John McNamara, Lisa Zanin and Henry Zanin, Jr.
My Commission Expires 2] ) [aa
SANDY OJEDA
Notary Public - Arizona
| KSP Maricopa a
A eI JJ Commission # 5
{ Qa My Comm. Exp. December 1, 2022
Notary Stamp Seal
Page 4 of 7

Parcel No.: 300-81-018B
Project No.: 117.01.31
Project Name: Hidden Valley Basins
Item: F00365
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 5 of 7

Exhibit “A”
Attached to Drainage Easement
Parcel No. A Portion of 300-81-018B
Hidden Valley Basins
Project No, 117.01.31
Item No. FO00365-DE
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A Portion of “Lot 15”, SUNSET COVE, according to Book 21 of Maps, Page 29 records of Maricopa
County, Arizona, lying within the Southwest quarter of Section Fifteen, Township One South, Range
Two East of the Gila and Salt River Meridian, and being more particularly described as follows:
A Portion of Assessor parcel 300-81-018B;
Commencing at the Southeast corner of “Lot 9” of said SUNSET COVE, said Southeast corner also
being a point on the North line of “Lot 15” of said Subdivision;
Thence South 89°54'58" West to the Northeast corner of that certain parcel of land described in
document 2011-0353364, Records of the Recorder of said Maricopa County, for a distance of 191.45
feet;
Thence from said point and along the East line of said parcel, South 00 °07'02"East to the Southeast
corner of said parcel, a distance of 227.48 feet;
Thence, continuing along the Southerly extension of the East line of said parcel a distance of 187.20
feet to the Point of Beginning:
Thence South 89°58’02” West, a distance of 216.10 feet;
Thence South 00 °07'02"East, a distance of 30.00 feet to a point on the Easterly extension of the
South line of “Lot 12” of said Subdivision;
Thence along the Easterly extension of said “Lot 12”, North 89°58'02" East a distance of 216.10 feet;
Thence North 00°07’02” West a distance of 30 feet to the Point of Beginning.
Said parcel contains an area of 6,517 square feet or 0.1496 acres, more or less and is depicted on the
attached Exhibit “B”.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 4-29-2019 JLS | Chk: | Appr? 1/15/2027
Rev: 1/18/2021 kg
YW,
ee
GRANTOR DATE a
EXHIBIT “A”
Page 6 of 7

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Corner
S89°58'02"W
0.1496 Portion 37.99" M.C.R.
DRIVE Bk Easterly 73.63" 46.91' Lot
acres 21 15
of 415.53
(+/-) of
Lot
5	1	11	1	1	5	646	1299	48	83	96.201584	15, prolongation
Maps, 619.64" N89°58'02"E N89°54'58"E North
S89°58'02"W BS SS feo _ R N u 300-81-018C
Page of NBO line EXHIBIT
Sunset the 6,517 of SE DRAINAGE
29 South a 557.57’ AS Lot
5	1	7	1	7	7	1996	1573	30	56	93.848267	15 B
824.43" NE BNE Corner
Cove line a $89°58'02"W SQ-FT/0.1496 300-81-018B FO0365-DE cor
of N89°58'02"E Cor or Cor 749.028 MCR Lot
9, ATTACHED
Lot
5	1	10	1	2	13	763	1812	30	57	86.312057	12 \ 300-81-018C Bk EASEMENT
216.10" AC 300-81-018B 300-87- 300-81-018C 21-29 21
216.10' —— of
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Book Results —pop. S89°54'58"W Bk CEN
300-87-018B, Assessor 21 SURVEY 300-81-018B _N89°58'02"E Be Sus 28 23 © aS & Ex § $ 841, Sec
of of S 3 ~
Maps, Survey, Pg 15
018C Parcel 192.80" 191.45" 39 -
p/d Page Book REFERENCE: | 1S,
29 = > ~~ t+ io \ 2E
Reference: 841, 3 E 3 S Sg § KS es 8 bs 4 Ys 8 = g S = 3 5 ?-
2019-0151703 Page
39 N
< 5 £ 7) iS °
Agent: S.O. EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION
Tech: KG Flood Control District of Maricopa County
Date: 04-29-2019 HIDDEN VALLEY BASINS - Page 7 of 7
Revised:] 01-19-2021 MARICOPA COUNTY REAL ESTATE DEPARTMENT