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When recorded, return to: Flood Control District of Maricopa County 2801 West Durango Street Phoenix, AZ 85009 (MDH) EXEMPT ARS § 11-1134, A2 FCD 1999R016 NON-EXCLUSIVE UTILITY EASEMENT FCD Project: LOOP 303 DRAINAGE IMPROVEMENTS FCD Parcel No.: FA034-014 APNs: 502-43-027E and 502-43-028D ptn. FCD Permit No.: FRU240008 1 (2024P119) This Non-Exclusive Utility Easement is entered into by and between the following parties GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona GRANTEE: CITY OF GOODYEAR, an Arizona municipal corporation, and/or its successors and assigns In accordance with GRANTOR’S Board of Directors Resolutions 2018R013 dated October 24, 2018 and 88-5 dated January 16, 1989, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE a perpetual non-exclusive utility easement in, upon, over, under, across, through and along a portion of the premises set forth in instrument number 20130376858, recorded April 25, 2013 in the official records of Maricopa County (“Burdened Property). The easement granted herein is over, under, through and across the property described in Exhibit “A” (“Easement Area”) and is for the purpose of use by the GRANTEE its employees, agents, and representatives; and its consultants, contractors and sub-contractors and their respective employees for entering upon, constructing operating, repairing, inspecting, and/or replacing and maintaining underground potable or non-potable water lines and appurtenances thereto in accordance with FCD Right-of- Way Use Permit No. FRU2400081 (“FCD Permit”) (collectively the underground lines and appurtenances are referred to as the “Facilities”). Page | of 8 470.14.12_FA034-014_OG-UE Said Easement is SUBJECT TO all governmental restrictions which include, but are not limited to, environmental, archaeological, and cultural resource regulations, and all land use regulations, 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 real property. This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to have unrestricted access to and use of the Easement for the purpose of operation and maintenance of the flood control project known as the LOOP 303 DRAINAGE IMPROVEMENTS (Project). GRANTOR shall endeavor to use its best efforts to operate and maintain the 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 Facilities resulting from the Burdened Property functioning as a flood control project. In the event any use or activity conducted pursuant to the rights granted in this easement by the GRANTEE interferes with GRANTOR’S use of the Burdened Property or the Burdened Property is needed to construct, maintain, or relocate any portion of GRANTOR’S Project (collectively “Interference”), GRANTEE shall, at GRANTOR’S request and GRANTEE’S sole expense, eliminate the Interference upon notice from the GRANTOR. If elimination of Interference, including but not limited to the relocation of the Facilities, or any part thereof, requires a right of way use permit, actual construction shall begin within thirty (30) days following GRANTOR’S issuance of a right-of-way use permit. Upon mutual agreement, the time frame for the start and completion of said work may be extended based on the requirements of GRANTOR. If GRANTEE’S effort to eliminate Interference delays construction by GRANTOR, and causes GRANTOR to be liable for damages, GRANTEE shall reimburse GRANTOR for those damages attributable to the delay created by GRANTEE within thirty (30) days after GRANTEE’S receipt of the GRANTOR’S invoice for said delay. The GRANTEE shall, at its sole cost and expense, maintain GRANTEE’S Facilities located within the Easement, in a state of good repair and in a safe condition, including without limitation the removal of trash and debris from the Easement. The rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now growing, or that may hereafter Page 2 of 8 470,14.12_FA034-014_OG-UE grow, within the Easement, or that may extend over the Easement, so as to protect the same from interfering with the maintenance and operation of GRANTEE’S Facilities. After the installation of GRANTEE’S Facilities in accordance with said FCD Permit, any installation or modification whatsoever to the Easement, the Facilities, or any appurtenance of GRANTEE located therein, that is not in compliance with said FCD Permit, will require GRANTEE to apply for and obtain a new right-of-way use permit from GRANTOR. GRANTOR will process any such application in accordance with GRANTOR’S right-of-way use permit approval process. GRANTEE shall indemnify GRANTOR for any and all damages and costs, including without limitation, reasonable attorney's fees, court costs, and all other expenses relating to the defense of claims or litigation, caused by, or arising from the negligent and/or willful misconduct by GRANTEE and its employees, agents, and representatives; and its consultants, contractors and sub-contractors and their respective employees in the exercise of GRANTEE’S rights pursuant to the terms of this Easement. In the event GRANTEE fails to install the Facilities within the Easement, or in the event GRANTEE removes the Facilities, or in the event the Facilities 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 confirmation to GRANTOR that the 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 termination of this Easement in the public records of Maricopa County. Unless and until such termination is recorded by GRANTOR, this Easement shall remain in full force and effect. The rights and privileges granted in this Easement are solely for GRANTEE to use the Easement for the purpose stated herein, and do not include the right to permit and/or grant any other use of the Easement to another party. This Easement shall run with the land and is binding on all parties. Page 3 of 8 470,14.12_FA034-014_OG-UE RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DocuSigned by: = 5/21/2025 Paul Baughman, P.E., CFM Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT DocuSigned by: 5/21/2025 DESEDACS... Alex Smith Date Director APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. ‘Signed by:. Maye &. Carpivelli 5/21/2025 District General Counsel Date Page 4 of 8 470,14,12_FA034-014_OG-UE APPROVED GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Chairman of the Board Date Printed Name: ATTEST Clerk of the Board Date Printed Name: 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 Directors for the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of. 20 Notary Public (signature) Page 5 of 8 470.14.12_FA034-014_OG-UE GRANTEE ACCEPTANCE AND APPROVAL: CITY OF GOODYEAR, an Arizona municipal corporation =2K257 ATTEST: Q\ rode Queen er City (fie | Date Printed Nam& QQWIAL feynicand ae » State of Arizona STATE OF ARIZONA ) | RARICOPA COUNTY )ss Commission # 674321 COUNTY OF MARICOPA ) Expires September 15, 2028 The foregoing instrument was acknowledged before me this YAO) day of Mau : ; 2025, by Wynette Reed, City Manager of the City of Goodyear, an Arizona municipal ¢orporation Notary.Public (signature) My Commission Expires C APPROVED AS TO FORM: / ; 5 date t Chitty S-20-28 City Attorney Q Date Printed Name: Sa O ia C hia hoa Page 6 of 8 470.14.12_FA034-014_OG-UE Exhibit “A” - Easement Attached to Non-exclusive Utility Easement Fs \Goodyear\09068 BrinaPipefines \Survey\ dng \E/HIBITS Brine. Pipelines Uuity Easement 2 exhibitdng Nor 15, 2024 04 18PW edvordetirtaiat UTILITY EASEMENT DESCRIPTION A PORTION OF CERTAIN PARCEL RECORDED IN DOCUMENT NUMBER 2004-1501789, MARICOPA COUNTY RECORDS, LYING WITHIN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CITY OF GOODYEAR 2.5” BRASS CAP FLUSH STAMPED “35832” MARKING THE EAST QUARTER CORNER OF SAID SECTION 23, FROM WHICH A 2” IRON PIPE MARKING THE CENTER QUARTER CORNER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA BEARS NORTH 89°45'54” WEST, A DISTANCE OF 2641.49 FEET; THENCE NORTH O'11'01” EAST, ALONG THE EAST LINE OF SAID SECTION 23, A DISTANCE OF 1274.76 FEET; THENCE NORTH 89°48°59" WEST, A DISTANCE OF 581.42 FEET JO A POINT ON THE EAST LINE OF SAID PARCEL, THE NORTH LINE OF A 100° ELECTRIC EASEMENT PER BOOK 68, PAGE 92, MARICOPA COUNTY RECORDS AND THE POINT OF BEGINNING; THENCE NORTH 70'44'29” WEST, ALONG SAID ELECTRIC EASEMENT, A DISTANCE OF 135.08 FEET 10 A POINT ON THE WEST LINE OF SAID PARCEL; THENCE NORTH 27°06'04” EAST, ALONG SAID WEST LINE, A DISTANCE OF 27.25 FEET; THENCE SOUTH 70°44'29” EAST, A DISTANCE OF 85.86 FEET; THENCE NORTH 66°25'20” EAST, A DISTANCE OF 72.69 FEET TO A POINT ON SAID EAST LINE; THENCE SQUTH 24°39'18" WEST, ALONG SAID EAST LINE, A DISTANCE OF 23.78 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 2400.00 FEET, A CENTRAL ANGLE OF 115'58", AND A CHORD THAT BEARS SOUTH 25'17'17" WEST, 53.04 FEET; THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 53.04 FEET TO THE POINT OF BEGINNING. CONTAINS 4839 SQUARE FEET OR 0.1111 ACRES OF LAND, MORE OR LESS. SEE ATTACHED EXHIBIT “A” BY REFERENCE MADE A PART HERETO. fo acne 2045 SOUTH VINEYARD, SUITE 101 MESA, ARIZONA 85210 vww.sunrise-eng.com Page 7 of 8 470.14.12_ FA034-014_OG-UE Exhibit “A” - continued Attached to Non-exclusive Utility Easement F:\Goadyeor\ 09068 BrinePipctinea\ Survey \dng\EXHBITS\Brine Pipelines Utility Easement 2 cxhbitdug Mar 13, 2026 04:15PM cduarta.bortatint EXHIBIT "A" & gg $¢ NORTHEAST CORNER Sys SECTION 23 TIN, R2W, G&SRM LOTS ; CALCULATED POSITION LES LLS /FLOOD CONTROL DISTRICT OF CITY OF GOODYEAR “aS ay & MARICOPA COUNTY APN 502~-45-028J g APN 502—43—-0280 “DOG NO. 20071356154, MCR &§ DOC NO, 20041501789, MCR B 8 g Cea = ig LINE TABLE st 1S 4 [UNE #| oiREcTION | LENGTH w& | | asvs'so"w | 581.42" 2E Piz | neroeore | 27.25 MARICOPA COUNTY / pon. L3. | s70'44'29"E | 85.86 / APN 502-43-027E papa ; DOC NO. 20100472446, MCR “CITY OF GOODYEAR e L4 | N66'25'20'E | 72.69 / APN 502-43-027A x" LS | S24'39°18"W } 23.78" bom, poc No. & 100' ELECTRIC EASEMENT 2007-1556154, NCR BK 68 PG 92, MCR poe (BASIS OF BEARING) EAST QUARTER CORNER SECTION 23 TIN, R2W, G&SRM FOUND CITY OF GOODYEAR 2.5” BRASS CAP FLUSH STAMPED “35832” CENTER QUARTER CORNER SECTION 24 TIN, R2W, G&SRM FOUND 2” IRON PIPE CURVE TABLE CURVE | DELTA | RADIUS | LENGTH | CHORD BEARING | CHORD DIST @ EVORTE, ci | 115°58” | 2400.00 | 53.04 | S25"7"17"w 53.04 aa, NOT TO SCALE ABBREVIATIONS LEGEND APN ASSESSOR PARCEL NUMBER SUBJECT BOUNDARY DOC. NO. DOCUMENT NUMBER eee OTHER EASEMENT LINE E EAST —~ — — — —— RIGHT-OF-WAY LINE G&SRM GILA AND SALT RIVER MERIDIAN © ——-—- — ———— PISS SECTION LINE MCR MARICOPA COUNTY RECORDS ——— — ——— PISS SUB-SECTION LINE N NORTH — ++ —— +» ~~ SURVEY TIE LINE POB POINT OF BEGINNING POC POINT OF COMMENCEMENT AW 0 PONT «2 SUNRISE S SOUTH ENGINEERING T TOWNSHIP 2045 SOUTH VINEYARD, SUITE 201 4 eT teraoyensen SHEET 2 OF 2 wiv.sunrise-eng.com Page 8 of 8 470.14,12_FA034-014_OG-UE