B. ROADWAY AND UNDERGROUND UTILITY EASEMENT.PDF

When recorded, return to:
Maricopa County Real Estate Department
2801 West Durango Street
Phoenix, AZ 85009 (PM)
EXEMPT ARS § 11-1134, A2
ROADWAY AND UNDERGROUND UTILITY EASEMENT
FCD Project: Trilby Wash/McMicken Dam Outlet MCDOT Project: TT0248 Williams Dr
FCD Parcel No.: TW-53F-02 & 03, TW-55F Termini: El Mirage to 117" Avenue
APN: 503-53-034D, 035D, & 047B Item Nos: D22779, D22780, D22781
FCD Permit No.: 2017P187 AKA MCDOT Project: Deer Valley Rd
This easement is entered into by and between the following parties as of the last date signed below.
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
GRANTEE: MARICOPA COUNTY, a political subdivision of the State of Arizona,
and its agents, successors and assigns
FOR AND IN CONSIDERATION OF THE SUM of EIGHTY THOUSAND ONE
HUNDRED THIRTY TWO DOLLARS ($80,132.00), and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and
convey to GRANTEE, a non-exclusive Roadway and Underground Utility easement
(“Easement”) on, over, under and across the premises described in the attached Exhibit “A”
(“Easement Area”) for the purpose of constructing, operating, repairing, reconstructing, and
maintaining a public roadway, and appurtenances thereto, (collectively the “Facility”) in
accordance with FCD Permit No.: 2017P187 (“FCD Permit”), together with the right to permit
the installation of underground utilities within the Easement Area in cooperation with the
GRANTOR.
Use of the Easement Area is subject to all federal, state and local laws and ordinances, and
SUBJECT TO any and all governmental restrictions which include, but are not limited to,
environmental, archaeological, and cultural regulations, as well as all 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 Easement Area.
FCD Easement Outgrant Page 1 of 9

Uses of the Easement Area is at all times further subject to, and subordinate to, the rights
of GRANTOR to continue to access and use the Easement Area for the purpose of operation and
maintenance of the flood control project. GRANTOR shall use its best efforts to operate and
maintain the flood control project in a manner which will not unreasonably interfere with the
GRANTERE’S rights granted by this Easement; however, GRANTEE assumes all risk of damage
to its Facility resulting from the Easement Area functioning as part of a flood control project.
After the initial installation of GRANTEE’S Facility in accordance with the FCD Permit,
GRANTEE shail, prior to any work, submit plans for any proposed modifications of the Facility,
and/or other activities undertaken by GRANTEE within the Easement Area, for GRANTOR’S
review to ensure GRANTOR’S ability to operate and maintain its flood control project is not
adversely impacted or diminished. GRANTOR will review said plans in accordance with the
GRANTOR’S Right of Way Use permit approval process. In addition, any utility installations
that are proposed within the Easement Area after the issuance of this Easement must be permitted
by both the GRANTOR’S permit process and the Maricopa County Department of
Transportation’s (MCDOT) permit process. These are two separate permits and both are required
to construct within said Easement Area. No GRANTOR land use fees are required for public
utility companies to utilize the Easement Area; however, all GRANTOR and MCDOT
administrative, inspection, and after-the-fact permit fees shall continue to be due and payable by
the permit applicant, and any and all utilities permitted by GRANTOR and MCDOT for
installation within the Easement Area shall be maintained by the owner of the utility, and/or its
agents, contractors, or assigns, at no cost to the GRANTOR. Further, if the Facility, or any
GRANTEE-authorized use of the Easement Area, causes interference with GRANTOR’S flood
control project, then the GRANTEE or the utility owner shall, at its sole cost and expense,
eliminate such interference to the satisfaction of GRANTOR.
The GRANTEE shall, at its sole cost and expense, maintain its Facility and appurtenances,
which include, but are not limited to, the roadway culvert(s), headwalls, and all erosion protection
constructed by GRANTEE, located within the Easement Area in a state of good repair and in a
safe condition.
The GRANTOR shall, at its sole cost and expense, maintain the flood control project as
well as the fence, access gate(s), and the surface of the operation and maintenance road accesses
constructed by GRANTEE for GRANTOR as part of the GRANTEE’S roadway project, in a
state of good repair and in a safe condition.
FCD Project: Trilby Wash/McMicken Dam Page 2 of 9 APN: 503-53-034D, 035D, & 047B
FCD Parcel No.: TW-53F-02 & 03, TW-55F FCD Permit No.: 2017P187

GRANTOR and GRANTEE, individually as Indemnitor”,
5	1	1	1	1	7	1668	387	92	36	59.043850	shall
5	1	1	1	1	8	1776	387	213	47	96.077484	indemnify,
5	1	1	1	1	9	2008	388	134	37	96.700386	defend
5	1	1	1	1	10	2160	388	69	37	96.701576	and
4	1	1	1	2	0	288	461	1941	48	-1	
5	1	1	1	2	1	288	462	89	36	96.655548	hold
5	1	1	1	2	2	390	461	176	37	96.329674	harmless
5	1	1	1	2	3	578	461	60	37	96.309784	the
5	1	1	1	2	4	652	461	103	37	96.979897	other
5	1	1	1	2	5	765	466	102	43	96.691177	party
5	1	1	1	2	6	879	466	38	32	96.964233	to
5	1	1	1	2	7	930	461	71	37	95.865486	this
5	1	1	1	2	8	1014	463	194	35	93.253731	Easement
5	1	1	1	2	9	1221	462	291	47	91.080696	(Indemnitee")
including agents, officers, directors
and employees thereof, from and against all losses, expenses, or damages of any nature whatsoever
that arise out of any negligent act or omission of either Indemnitor pursuant to this Easement,
including but not limited to reasonable attorney's fees, court costs, and other expenses relating to
the defense against claims or litigation incurred by Indemnitee. Notwithstanding the above, this
indemnification shall not apply to any damage or loss incurred by anyone as a result of the
GRANTOR fulfilling its statutory obligations according to law. Each Indemnitee shall be liable
for its own negligence or wrongful acts as provided by law and in no event shall either Indemnitor
owe, or be obligated to pay, any amounts which either Indemnitee has not actually paid or has no
actual obligation to pay.
In the event GRANTEE fails to install the Facility within the Easement Area, 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 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 Area is still being used for the stated 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.
This Easement shall run with the land and is binding on both parties.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
FCD Project: Trilby Wash/McMicken Dam Page 3 of 9 APN: 503-53-034D, 035D, & 047B
FCD Parcel No.: TW-53F-02 & 03, TW-55F FCD Permit No.: 2017P187

GRANTOR:
RECOMMENDED FOR APPROVAL: APPROVED AND GRANTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
Michael A. Fulton Date Chairman of the Board
Director
REAL ESTATE DEPARTMENT: ATTEST:
Michelle Colby, SR/WA Date Clerk of the Board Date
Director
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)
Before me, , Notary Public in and for said County, State of
Arizona, on this day personally appeared , known to me to be
the Chairman of the Board of Directors of the Flood Control District of Maricopa County.
Given under my hand and seal of the office this__ day of , 20
Notary Public (signature)
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
District General Counsel Date
FCD Project: Trilby Wash/McMicken Dam Page 4 of 9 APN: 503-53-034D, 035D, & 047B
FCD Parcel No.: TW-53F-02 & 03, TW-55F FCD Permit No.: 2017P187

GRANTEE:
RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
MARICOPA COUNTY DEPARTMENT BOARD OF SUPERVISORS OF
OF TRANSPORTATION MARICOPA COUNTY
Jennifer Toth Date Chairman of the Board
Director and Chief Engineer
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 , known to me to be
the Chairman of the Board of Supervisors of Maricopa County.
Given under my hand and seal of the office this day of 20
__ ,
Notary Public (signature)
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
Deputy County Attorney Date
FCD Project: Trilby Wash/McMicken Dam Page 5 of 9 APN: 503-53-034D, 035D, & 047B
FCD Parcel No.: TW-53F-02 & 03, TW-55F FCD Permit No.: 2017P187

EXHIBIT “A”
Attached to ROADWAY AND UNDERGROUND UTILITY EASEMENT
APN No. 503-53-034D, 035D
Williams Drive
El Mirage to 117" Avenue
Item No. D22779, 22780
A portion of the Northeast quarter of Section 14, Township 4 North, Range 1 West, Gila and Salt River
Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southwest corner of Parcel 53F as shown on Survey of Trilby Wash Detention
Basin recorded in Book 61 of Maps, page 31, records of Maricopa County, Arizona;
THENCE along the West line of said Parcel 53F, North 25 degrees 05 minutes 57 seconds West, a
distance of 71.90 feet;
to the POINT OF BEGINNING,
THENCE South 89 degrees 47 minutes 36 seconds East, a distance of 453.79 feet;
THENCE South 00 degrees 12 minutes 24 seconds West, a distance of 45.00 feet;
THENCE North 89 degrees 47 minutes 36seconds West, a distance of 432.51 feet to the West line of
said Parcel 53F;
THENCE along said West line, North 25 degrees 05 minutes 57 seconds West, a distance of 49,78 feet
to the POINT OF BEGINNING.
The above described parcel contains 19,942 square feet or 0.4578 acres, more or less
Page ! of J
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Preliny: 55 2/15/13 | Chk: Appr:
_— _
Rev:
Maricopa County Public Works Land & RW. Division Expires 12/31/2014
FCD Project: Triloy Wash/McMicken Dam Page 6 of 9 APN: 503-53-034D, 035D, & 047B
FCD Parcel No.: TW-53F-02 & 03, TW-5S5F FCD Permit No.: 2017P187

EXHIBIT “A” Continued
Attached to ROADWAY AND UNDERGROUND UTILITY EASEMENT
APN No. 503-53-035D
Williams Drive
El Mirage to 117" Avenue
Item No. D22780
A portion of the Northeast quarter of Section 14, Township 4 North, Range 1 West, Gila and Salt River
Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southwest corner of Parcel 53F as shown on Survey of Trilby Wash Detention
Basin, recorded in Book 61 of Maps, page 31, records of Maricopa County, Arizona;
THENCE along the mid-section line of said Section 14, South 89 degrees 47 minutes 36 seconds East,
423.05 feet;
THENCE North 00 degrees 12 minutes 24 seconds East, 119.50 feet to the POINT OF BEGINNING.
THENCE North 00 degrees 12 minutes 24 seconds East, 77,50 feet;
THENCE South 89 degrees 47 minutes 36 seconds East, 259.68 feet;
THENCE South 00 degrees 12 minutes 24 seconds West, 77.50 feet;
THENCE North 89 degrees 47 minutes 36 seconds West, 259.68 feet to the POINT OF BEGINNING.
The above described parcel contains 20,125 square feet or 0.4620 acres, more or less
Page ] of I
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Peetiin: SS 2/27013 | Chk: | Appr
_.
Rev:
Maricopa County Pubtle Works Land & R/W Divistan Expires 12/31/2014
FCD Project: Trilby Wash/McMicken Dam Page 7 of 9 APN: 503-53-034D, 035D, & 047B
FCD Parcel No.: TW-53F-02 & 03, TW-55F FCD Permit No.: 2017P187

EXHIBIT “A” Continued
Attached to ROADWAY AND UNDERGROUND UTILITY EASEMENT
APN No. 503-33-6335D
Williams Drive
El Mirage to 117" Avenue
Item No. D22780
A portion of the Northeast quarter of Section 14, Township 4 North, Range 1 West, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southeast corner of Parcel 53F, as shown on Survey of Trilby Wash Detention
Basin, recorded in Book 61 of Maps, page 31, records of Maricopa County, Arizona:
THENCE along the East line of said Parcel 53F, North 24 degrees 15 minutes 36 seconds West, 21.98
feet;
THENCE North 89 degrees 47 minutes 36 seconds West, 10.00 feet to the POINT OF BEGINNING;
THENCE continuing North 89 degrees 47 minutes 36 seconds West, 404.28 feet;
THENCE North 44 degrees 47 minutes 18 seconds West, 21.21 feet;
THENCE North 00 degrees 12 minutes 24 seconds East, 30.00 feet;
THENCE South 89 degrees 47 minutes 36 seconds East, 408.80 feet;
THENCE South 24 degrees 15 minutes 36 seconds East, 25,29 feet;
THENCE South 00 degrees 12 minutes 24 seconds West, 21.98 feet to the POINT OF BEGINNING.
The above described parcel contains 18,634 square feet or 0.4278 Acres more or less,
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Pevlim: SS 2/55/13 Chk: Appr:
Rev:
Maricopa County Public Works Land & R/W Division Expires 12/31/2014
FCD Project: Trilby Wash/McMicken Dam Page 8 of 9 APN: 503-53-034D, 035D, & 047B
FCD Parcel No.: TW-53F-02 & 03, TW-55F FCD Permit No.: 2017P187

EXHIBIT “A” Continued
Attached te ROADWAY AND UNDERGROUND UTILITY EASEMENT
APN No. 503-53-047B
Williams Drive
El Mirage to 117" Avenue
Item No. D22781
A portion of the Southeast quarter of Section 14, Township 4 North, Range 1 West, Gila and Salt River
Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Northwest comer of Parcel 55F, as shown on Survey of Trilby Wash Detention
Basin, recarded in Book 61 of Maps, page 31, records of Maricopa County, Arizona;
THENCE South 25 degrees 05 minutes 57 seconds East, 71.89 feet;
THENCE South 89 degrees 47 minutes 36 seconds East, 397,86 feet;
THENCE South 00 degrees 12 minutes 24 seconds West, 27.00 feet;
THENCE South 89 degrees 47 minutes 36 seconds East, 5.00 feet;
THENCE South 00 degrees 12 minutes 24 seconds West, 65,01 feet to the POINT OF BEGINNING.
THENCE South 89 degrees 47minutes 36 seconds East, 65.88 fect;
THENCE South 53 degrees 29minutes 20 seconds East, 121.61 feet;
THENCE South 89 degrees 47 minutes 36 seconds East, 76.00 feet;
THENCE North 00 degrees 12 minutes 24 seconds East, 164.01 feet;
THENCE South 89 degrees 47 minutes 36 seconds East, 9.46 feet;
THENCE South 00 degrees 12 minutes 24 seconds West, 16,76 feet;
THENCE South 19 degrees 57 minutes 33 seconds East, 155,04 feet;
THENCE South 70 degrees 02 minutes 27 seconds West, 260.00 feet;
THENCE North 19 degrees 57 minutes 33 seconds West, 170.36 feet to the POINT OF BEGINNING.
The above described parcel contains 24,790 square feet or 0.5691 acres, more or less.
Page } of }
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prellin: 8S 2/15/13 Chk: | Appr:
Rev:
Maricopa County Public Works Land & RW Division Explres 12/31/2014
FCD Project: Trilby Wash/McMicken Dam Page 9 of 9 APN: 503-53-034D, 035D, & 047B
FCD Parcel No.: TW-53F-02 & 03, TW-55F FCD Permit No.: 2017P187