C. IRRIGATION WATER LINE EASEMENT.PDF

When recorded, return to:
Flood Control District of
Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (he
EXEMPT ARS § 11-1134, A2
FCD 1999R016
IRRIGATION WATER LINE EASEMENT AND AGREEMENT
Project: East Marieopa Floodway
FCD Parcel #: M-2146-WE
APN: 304-85-050, 304-85-051
This non-exclusive irrigation water line easement is entered into this day of , 2018, by
and between the following parties.
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
GRANTEE: SAN TAN IRRIGATION DISTRICT, a political subdivision of the State
of Arizona, its successors and assigns
FOR AND IN CONSIDERATION OF THE sum of Ten and 00/100 Dollars ($10.00), and other
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
GRANTOR does hereby grant and convey to GRANTEE an Irrigation Water Line Easement and
Right-of-Way for the purpose of constructing, operating, repairing and maintaining an inigation
water line and appurtenances thereto, on, under and across the real property non-exclusive drainage
easement on the property shown hereafter on Exhibit A ("Easement Property").
Additionally, to the extent reasonably necessary, GRANTEE shall have the right of ingress and
egress to permit the economical operation and maintenance of said irrigation water line, including
all incidental purposes consistent therewith, and together with the right to authorize, permit and
license the use thereof only for said irrigation water line purposes.
Page 1 of 5

Project: East Maricopa Floodway
FCD Parcel #: M-2146-WE
APN: 304-85-050, 304-85-051
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to have
unrestricted access to the subject property for the purpose of operation and maintaining the flood
control project. GRANTOR shall endeavor to use its best efforts to operate and maintain the flood
control 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 improvements resulting
from the property functioning as a flood control project. Any modifications to or within the
Easement by GRANTEE will require GRANTEE to obtain a permit from GRANTOR.
GRANTEE agrees to indemnify, defend and hold harmless the GRANTOR, its agents, officers
employees, directors, successors or assigns against any and all claims, actions, cost or expenses
for any loss or expense incurred and all property damages, personal injuries or death caused by the
exercise of any rights granted by this easement.
GRANTEE acknowledges that the Easement is for irrigation and appurtenance structures only
and no other uses are peimitted within Easement area without written consent of GRANTOR.
The rights and privileges granted herein are for the GRANTEE only and do not include the right
to permit and/or grant any other use of to another party. GRANTOR hereby covenants that it is
granting this Easement only to the extent of any interest it may have in the property.
In the event that GRANTEE ceases to use this easement as described herein, it will be considered
null and void.
Page 2 of 5

Project: East Maricopa Floodway
FCD Parcel #: M-2146-WE
APN: 304-85-050, 304-85-051
In the event of an emergency, the GRANTEE will repair and correct the emergency and notify
the GRANTOR as soon as time will permit. The GRANTEE further agrees to restore to its
original condition and to the satisfaction of the GRANTOR and any and all damages to the East
Maticopa Floodway which were caused by exercising the rights herein granted.
Page 3 of 5

RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
0412,016
Mid:fact A. Fulton Date Chairman of the Board
Director
(---94<c) ?2, 71kic ATTEST:
Michelle Colby, SR/W Date
Director, Real Estate Department
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 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 day of , 201
Notary Public (signature)
APPROVED AS TO FORM and within the
powers and authority grante u Iller the laws
Of the State of Arizona . a Mgicopa County
Flood CR 61 District General Counsel Date
Page 4 of 5

Project: East Marieopa Floodway
FCD Parcel 4: M-2146-WE
APN: 304-85-050, 304-85-051
GRANTEE
ACCEPTED BY:
Dated this day of , 201
SAN TAN IRRIGATION DISTRICT,
Date
STATE OF ARIZONA
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
201 , by
My Commission Expires
Notary Public (signature)
Page 5 of 5

EAST MARICOPA FLOODWAY
M-2146-WE
SECTION 33-2S,GE
SANTAN WATER COMPANY
WATERLINE EASEMENT
That portion of Section 33 - T2S,
GE, G&SRB&M, Maricopa County,Arizona,
described as follows: A strip of land
10' wide, the East line of which is
identical with the East line of the 350'
wide right of way of the East Maricopa
Floodway of the Flood Control District
of Maricopa County lying East of the
100' wide Right of Way of the Roosevelt
Water Conservation District Canal; said
10' strip extends from the North line to
the South line of Section 33; containing
63,545 square feet or 1.4588 acres more
or less.
Flood Control District of Maricopa County, Arizona
PRELIM: 09/24/92 Chk: Apr:
Rev: FINAL: re,,k,- 2-4.-5'5
Exhibit "A" Page 1 of 2

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