A. NON-EXCLUSIVE DRAINAGE EASMENT.PDF

When recorded, return to:
Flood Control District of
Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (111)
EXEMPT ARS § 11-1134, A2
FCD 1999R016
NON-EXCLUSIVE DRAINAGE EASEMENT
Project: White Tanks #4
FCD Parcel #: TW4-31B
APN: 502-62-001N
Permit: 2013P060
This non-exclusive drainage easement is entered into this day of , 2017, by and
between the following parties.
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political
subdivision of the State of Arizona
GRANTEE: ARIZONA WATER COMPANY, an Arizona corporation, its agents,
successors, and assigns.
FOR AND IN CONSIDERATION OF THE sum of One Thousand Six Hundred Ninety Three
and 00/100 Dollars ($1,693.00), and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE a non-
exclusive drainage easement on the property shown hereafter on Exhibits A and B ("Easement
Property"), for the purpose of constructing, operating, repairing and maintaining a drainage line
and appurtenances thereto.
Additionally, to the extent reasonably necessary, GRANTEE shall have the right of ingress and
egress to, from, across, and along GRANTOR's property that is adjacent to or along the Easement
Property (if there is any such adjacent property). The GRANTEE may, but is not
Page 1 of 5

Project: White Tanks 44
FCD Parcel #: TW4-31B
APN: 502-62-001N
Permit: 2013P060
obligated, trim or remove any trees or shrubs that may interfere with or limit the GRANTEE's
use of the Easement Property or improvements thereon.
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 including GRANTEE providing at least forty-eight (48) hours notice to
GRANTOR of scheduled releases into GRANTOR'S White Tanks Flood Retarding Structure #3
Outlet Channel. 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.
In the event GRANTEE shall have failed to install any facilities within the easement, or in the
event GRANTEE shall have removed any such facility, or in the event any such facility shall
cease 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 has been abandoned.
In such event, GRANTEE shall provide conflunation to GRANTOR that the
Page 2 of 5

Project: White Tanks #4
FCD Parcel ft: TW4-31B
APN: 502-62-001N
Permit: 2013P060
easement has been abandoned, or in the event GRANTEE shall fail to reply that there has been
no intent to abandon the easement within thirty (30) days of receipt of the aforesaid notice from
the GRANTOR, this easement shall be deemed to be abandoned and GRANTOR shall be
permitted to record a revocation of this easement in the public records of Maricopa County. Unless
and until such revocation is recorded by GRANTOR, this easement shall remain in full force and
effect.
This easement shall run with the land and shall be binding on both parties and their respective
successors and assigns.
Page 3 of 5

Project: White Tanks #4
FCD Parcel 4: TW4-31B
APN: 502-62-001N
Permit: 2013P060
GRANTEE
ACCEPTED BY:
Dated this / 7° day of ,0,4 , 2017.
ARIZON42WATER COMPANY, w-t Arizona corporation
redrick K. Schneider, VP Engineering Date 7
DA oa s
STATE OF ARIZONA
) §
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this 1114' day of n
2011 , by P-2.C.-Q 2)1/4 \fThe-k Oef V E-OCtk Yvee--(Lr'C \ •
My Commission Expires Veb 11 8

RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MAIUCOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
William D. Wiley, RE. Date Chairman of the Board
Chief Engineer and General Manager
ATTEST:
C. Michelle Colby, SR/WA 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 FORA! and within the
powers and authority ant d under the laws
Of the State of Ariz na aid Maricopa County
Flood CpArol District General Counsel Date
Page 5 of 5

EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A portion of land being situated within the Southeast Quarter of Section 29,
Township 2 North, Range 2 West of the Gila and Salt River Meridian, Maricopa
County, Arizona, being more particularly described as follows:
COMMENCING at a found brass cap in hand hole located at the East Quarter
corner of said Section 29 from which a found brass cap flush located at the
Center of said Section 20 thereof bears North 89°31'33" West 2648.33 feet;
Thence North 89°31'33" West 193.86 feet along the east-west mid-section line;
Thence leaving said east-west mid-section line,
South 00°29'17" West, 40,00 feet to the POINT OF BEGINNING;
Thence South 89°3133" East, 18.17 feet;
Thence South 34°31'33" East, 61.23 feet;
Thence South 00°16'58" West, 8.07 feet;
Thence South 45'16'58" West, 15.64 feet;
Thence North 34°31'33" West, 73.69 feet;
Thence North 00°1658" East, 8.96 feet to the POINT OF BEGINNING.
Said portion of land containing 1,475.16 sq.ft., or 0.033 acres, more or less more
or less and being subject to any easements, restrictions, rights-of-way of record
or otherwise.
The description shown hereon is not to be used to violate any subdivision
regulation of the state, county and/or municipality or any land division restrictions.
Prepared by: HILGARTVVISON, LLC
2141 E. Highland Avenue, Suite 250
Phoenix, AZ 85016
Project No. 1043
Date: March 2016
11:11000110431SURVEY\DOCSV1043-FCDMC DRAINAGE EASEMENT LEGALDOCX Page 1 of 2

CENTER OF SEC 29. T2N, EAST QUARTER CORNER OF
R2W FOUND BRASS CAP SEC 29, T2N, R2W FOUND
FLUSH BRASS CAP IN HAND HOLE
N89°31'33 1'W 2648.33'
2454.48' 193.86'
OSBORN ROAD
PUB
Li
109' CHANNEL MAINTENANCE EASEMENT
DOG, 2001-0824688 M.C.R.
DRAINAGE
EASEMENT
AVENUE
195TH
20' MAINTENANCE EASEMENT
DOC. 2001-0824688 M.C.R.
129'
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DOC. 1994-0519749 M.C.R.
LI
LINE TABLE
LINE # DIRECTION LENGTH
L1 S89°31 1331 18.17'
L2 S34°31331 61.23'
L3 S0016 158' 1 W 8.07'
L4 S45°16'58 1'W 15.64'
L5 N34°31'33"W 73.69'
L6 NO0'16 158"E 8.96'
PAGE 2 OF 2
PROJ,NO.: 1043 ARROYO SECO 'OW
DATE: JAN 2016 DRAINAGE EASEMENT
SCALE: NTS MARIOOPA COUNTY, ARIZONA HILGARTWILSON
2141 F. I-IIGHLAND AVE., STE. 250
DRAWN BY: DSP EXHIBIT "B" PHOENIX, AZ 85016
CHECKED BY: RAJ P: 602.490.0535 / 602.368.2436
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