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WHEN RECORDED RETURN TO: Marieopa County Real Estate Department Exempt ARS 11-1134, A2 ALI - DRAINAGE EASEMENT 571010 tA arcel No.: 501-06-008B (a portion of) Project No,: TT0561 Project Name: Olive Avenue Project Termini: (SR 303 to Sarival Avenue) Item No.: D23443-2 (JR) KNOW ALL MEN BY' THESE PRESENTS: THAT WHEREAS Suburban Land Reserve Inc., a Utah corportation hereinafter called the GRANTORS, for and in consideration of the sum of Thirty Eight Thousand Four Hundred Fifteen No/100 DOLLARS ($38,415.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby grant and convey to MARICOPA COUNTY, a political subdivision of the State of Arizona, hereinafter called the GRANTEE, and to its agents, successors and assigns, a drainage easement for the putpose of constructing and maintaining the basin(s) and appurtenances on, over, under and across the ground embraced within a parcel of land situated in the County of Marieopa, State of Arizona (the "Drainage Easement Area"), and being described as follows: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION The GRANTEE or its agents, successors and assigns shall at all times have the right of full and free ingress and egress to said easement for the purpose heretofore specified. Notwithstanding anything to the contrary stated herein, GRANTOR hereby reserves the right to use the Drainage Easement Area for any use not inconsistent with GRANTEE'S permitted use of the Drainage Easement Area. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and shall be binding on the heirs, successors in ownership and estate, assigns and lessees of the respective parties hereto. NOW THEREFORE, in consideration of the same and further consideration hereinafter set forth, it is agreed, that this instrument contains the entire agreement between the parties hereto and there being no further consideration paid than herein specified. Page 1 of 6 Parcel No.: 501-06-008B (a portion of) Project No.: TT0561 Project Name: Olive Avenue Project Termini: (SR 303 to Sarival Avenue) Item No.: D23443-2 (JR) THE COUNTY OF MARICOPA AGREES: A. To use the property described herein Exhibit "A" for the general welfare and benefit of the public. B, To pay the GRANTOR the sum of Thirty Eight Thousand Four Hundred Fifteen and No/100 DOLLARS ($38,415.00) as payment in full for the property described herein. C, To the extent permitted by law, GRANTEE agrees to indemnify GRANTOR, from and against all loss, expense, damage, or claim of any nature whatsoever which is caused by any activity, condition, or event arising out of the non-performance by GRANTEE of any of its obligaitons under the provisions of the Agreement, GRANTOR shall in all instances be indemnified against liability, losses, and damges of any nature for or on account of injuries to or death of persons or damages to or destruction of property arising out of GRANTEE'S performance or non-performance of this Easement, except which injury or damages, as shall have been occasioned by the sole or joint negligence of GRANTOR. The above cost of damages incurred by GRANTOR shall include, in the event of action, court costs, expenses for litigation, and reasonable attorney's fees, All claims shall be submitted in accordance with the requirements of A.R.S. § 12-821 et seq. 0, GRANTEE accepts the Drainage Easement Area in "AS IS", "WHERE IS" condition, without warranties, either express or implied, and "WITH ALL FAULTS," including but not limited to both latent and patent defects, and the existence of hazardous materials, if any. GRANTEE hereby waives all warranties, express or implied, regarding the title, condition and use of the Drainage Easement Area, including but not limited to any warranty of merchanibility or fitness for a particular purpose. E. GRANTEE, at its sole cost and expense, shall maintain, repair and replace any and all related improvements installed by GRANTEE on the Drainage Easement Area in good order and condition F. GRANTEE will maintain in force the insurance policies and coverages set forth below, Additionally, GRANTEE will ensure that prior to entering onto the Drainage Easement Area, all of GRANTEE'S agents are either covered under the terms of GRANTEE'S insurance policies, or that each obtain similar policies and which, at a minimum, provide GRANTOR the same protections. GRANTEE agrees to obtain and maintain the following insurance coverages and policies: Page 2 of 6 Parcel No.: 501-06-008B (a portion of) Project No.: TT0561 Project Name: Olive Avenue Project Termini: (SR 303 to Sarival Avenue) Item No.: D23443-2 (JR) a, Liability Insurance Coverage and Limits. A commercial general liability insurance policy insuring GRANTEE'S interests against claims for personal injury, bodily injury, death, property damage occurring on, in or about the Drainage Easement Area and the ways immediately adjoining the Drainage Easement Area, with a "Combined Single Limit" covering personal injury liability, bodily injury liability and property damage liability) of not less than Two Million Dollars ($2,000,000.00). GRANTOR must be endorsed as an additional insured on such policy on ISO Form CG 20 10 (10/93) or its equivalent. The coverage set forth above shall be primary coverage and shall apply specifically to the Drainage Easement Area, the GRANTOR'S remaining property, and adjacent areas. b. Workers' Compensation Insurance, All Workers' Compensation and Employers' Liability Insurance required under applicable Workers' Compensation Acts and/or applicable law. in addition, GRANTEE shall maintain Employers' Liability Insurance with a minimum limit of not less than Five Hundred Thousand Dollars ($500,000.00). c. Automobile Insurance, Automobile Liability Insurance with a minimum limit of not less than One Million Dollars ($1,000,000.00) Combined Single Limit per accident, and coverage applying to "Any Auto." d. Notwithstanding the above requirements, GRANTEE may elect to self-insure all or any part of its insurance requirements to the extent allowed by applicable law, provided that GRANTEE maintains actuarially sound reserves. Upon request, GRANTEE will provide GRANTOR with a letter of self-insurance evidencing its compliance with this clause. G. GRANTEE agrees to relinquish all rights granted herein to the above described property in the event that the GRANTOR OR GRANTOR'S SUCCESSOR IN INTEREST shall at any time in the future develop the parcel containing the Easement, PROVIDED THAT THE DEVELOPMENT INCLUDES drainage facilities approved to the satisfaction of the GRANTEE'S County Engineer and/or the municipality or municipalities having jurisdiction at this location at the time of development. H. That, if in the opinion of the Transportation Director, it becomes necessary, fences and private structures will be removed and replaced in kind, at no expense to the GRANTOR except as may be herein otherwise agreed. Any ground cover disturbed from its original state will also be replaced in kind. Page 3 of 6 Parcel No.: 501-06-008B (a portion of) Project No.: TT0561 Project Name: Olive Avenue Project Termini: (SR 303 to Saliva]. Avenue) Item No.: D23443-2 (JR) I. That no costs relating to construction of Project No, TT0561 will be charged to the GRANTOR. THE GRANTOR(S) AGREE(S): 1. To grant a drainage easement for the property described herein Exhibit "A" to GRANTEE and/or its agents for the general welfare and benefit of the public. 2. To accept the sum of Thirty Eight Thousand Four Hundred Fifteen and No/100 DOLLARS ($38,415.00) as payment in full for the property described herein. 3. That GRANTEE, or its agents, is hereby granted the right to enter upon the Drainage Easement Area, during normal business hours, except in. the case of emergencies, solely for the purposes permitted by this Agreement. Access or use of GRANTOR'S surrounding and remaining property by GRANTEE, or its agents, is prohibited. 4. Grantor understands that MARICOPA COUNTY, a political subdivision of the State of Arizona is self-insured. Page 4 of 6 Parcel No.: 501-06-00813 (a portion of) Project No.: TT0561 Project Name: Olive Avenue Project Termini: (SR 303 to Sarival Avenue) Item No.: D23443-2 (JR) Dated this 14N day of M ,2018. GRANTOR: Suburban Land Reserve Inc., a Utah corporation STATE OF ) ss COUNTY OF The foregoing instrument was acknowledged before me this day of May 2018, by vrwr its 4-1)ree-Ade. of (Name of officer or agent) (Title) Suburban Land Reserve Inc., a Utah corporation on behalf of the corporation. My Commission Expires 5/q1,02A MARILYN F. NIELSON NOTARY PUBLIC. STATE OF UTAH My Commission Comm. Exp. # 08/09/2021 696362 Notary Stamp Seal Page 5 of 6 Parcel No.: 501-06-008B (a portion of) Project No.: TT0561 Project Name: Olive Avenue Project Termini: (SR 303 to Sarival Avenue) Item No.: D23443-2 (JR) RECOMMENDED FOR APPROVAL: ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By: Chairman of the Board ATTEST: Date Clerk of the Board of Supervisors Approved as to form and within the powers and authority of the Board of Supervisors Deputy County Attorney Date Page 6 of 6 Parcel No, 501-06-408B Project No, TT561 OLIVE AVENUE SR 303 TO ARIVAL AVENUE Item No, 3023443-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAMAGE EASEMENT A portion. of the Southeast quarter of the Southeast quarter of Section 25, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Ma.q.copa County, _Arizona, being more particularly described as follows; COMMENCING at a Maricopa County aluminum cap marking the Southeast corner of Section 25, from which a Marleopa County brass cap hi a hanclhole marks the East quarter comer of said Section, beats North 00°16'04" East a distance of 2638.83 feet; thence North 00 °1604" East along the Easterly Section line of said Section 25, a distance of 133.01 feet; thence departing said Easterly Section line North 89044'15" West, a distance of 33.00 feet to a point on the Westedy right of way of Saliva! Avenue; thence North 89 °43'14" West along the Northerly line of that cdtain property described in Book '215' of Deeds Page 122 on the Maileopa County Recorder's Office, a distance of 84.00 feet to the POINT OF BEGINNING; thence continuing North 89'43'14" West along said Northerly property line, a distance of, 525.97 feet; thence departing said property line North 00°00'00" East, a distance of 1 47.78 feet; thence South 90 000100" East, a distance of 483.06 feet; thence North 00'16'04" East, a distance of 565,38 feet; thence South 89 04356" East, a distance of 43.00 feet to a point on the Westerly right,of way of Saliva' Avenue; thence South 00 °16'04" West along said right of way, a distance of 585.53 feet to the POINT OF BEGINNING, The above described parcel contains 34,336 square feet or 0.7882 =es, more Or less. Cked I3y JrB 06.114. arch 2018 Page 1 . of 1 MEMO PA COUNTY DEPARrivi ENT OF TRANSPORTATION Prelim: 8118/2017 TL Chic iHn -Apr( Rev: . Maricopa County Public Works - Real Estate Division GRANTOR DATE 5/4/ig mum "A" 3 ZL NO. BEARING Li N 89044 115" W 33.00' L2 N 89°43'14 W 84,00' DRAINAGE EASEMENT L3 N 89°4314" W 525,97' N 00°00'00" E 17,78' S 90°00'00" E 483,06' N 00°16'04" E 565.38' S 89°43'66" E 43.00' S 00°16'04" W .585.63' 031 D23443 SUBURBAN LAND RESERVE INC, 601-06-008B 14Ns , ^"f tioauesx..1 elmsa=1 L3 Ilra*elYelEkal AT & SF P013 501,-06-010 Ce) EXIST RNII OLIVE AVENUE S894l4"E 263226' SEC LN Total NO. DE Area: 84,33_6 squarebet or 0,7882 acres MAR1COPA COUNTY OLIVE AVE - SR 303 TO SAWN_ AVENUE PROJECT No, T1561 ITEM No. D23443-2 DATE 08/24/2017 MARICOPA COUNTY RNV AGENT R.S.