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13786 characters
When recorded, return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDH)
EXEMPT ARS § 11-1134, A2
FCD 1999R0 16
NON-EXCLUSIVE UTILITY EASEMENT
FCD Project: Indian Bend Wash Outlet
FCD Parcel Nos.: N-2608 and N-2609
APNs: 132-14-004A and 132-14-002E ptn.
FCD Permit No.: FRU2400277
This Non-Exclusive Utility Easement is entered into by and between the following parties
GRANTOR:
GRANTEE:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political
subdivision of the State of Arizona
CITY OF TEMPE, 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 non-exclusive utility easement in, upon, over, under, across, through and along a
portion of the premises set fo1ih in instrument numbers 19770327098, recorded November 08, 1977
and 19750165445, recorded July 22, 1975 in the official records of Maricopa County ("Burdened
Property"). The granted easement, described on the attached Exhibit "A" ("Easement"), is for the
purpose of constructing, operating, repairing, and maintaining a waterline on Flood Control District
(FCD) property, and appurtenances thereto (collectively, the "Facility"), in accordance with FCD
Right-of-Way Use Permit No. FRU2400277 ("FCD Permit").
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 ofrecord, that could be disclosed by a visual inspection or accurate survey of the real
property.
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111.02.12 N-2608 OG-UE
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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 Indian Bend Wash Outlet (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 Facility 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
Prope1iy 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 Facility, or any part thereof, requires
a right of way use permit, actual construction shall begin within thiliy (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 effo1i 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 thiliy (30)
days after GRANTEE'S receipt of the GRANTOR'S invoice for said delay.
The GRANTEE shall, at its sole cost and expense, maintain the Easement, and
GRANTEE'S Facility 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 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 Facility.
After the installation of GRANTEE'S Facility in accordance with said FCD Permit, any
installation or modification whatsoever to the Easement, the Facility, or any appurtenance of
GRANTEE located therein, that is not in compliance with said FCD Pe1mit, will require
GRANTEE to apply for and obtain a new right-of-way use permit from GRANTOR. GRANTOR
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111.02.12 N-2608 OG-UE
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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 exercise of GRANTEE'S rights
pursuant to the terms of this Easement.
In the event GRANTEE fails to install the Facility within the Easement, 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 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 thi1iy
(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 paiiies.
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RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
11/19/2024
Paul Baughman, P.E., CFM
Date
Chief Engineer and General Manager
MARI COP A COUNTY REAL ESTATE DEPARTMENT
~:
..... ...,:: .... :: ..... CC-------11-/_1_9_/_20_2_4_
Alex Smith
Date
Director
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
11/19/2024
Wayne Peck
Date
District General Counsel
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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)
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111.02.12_N-2608_ OG-UE
GRANTEE ACCEPTANCE AND APPROVAL:
CITY OF TEMPE, an Arizona municipal corporation and/or its successors and assigns
Mark A. Weber, P.E.
City Engineer
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this r3-l\... day of lvc~.c:
20 2-L( , by Mark A. Weber, P.E., City Engineer for the City of Tempe, an Arizona municipal
corporation for and on behalf thereof.
My Commission Expires ____ _
JESSICA PINON
Notary ?ublk: • Arizona
MARICOPA COUNTY
commission# 612448
§Xplres Aug11st J~, 2026
Notary Stamp Seal
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l l l .02.12_N-2608_ OG-UE
Exhibit "A" - Easement
Attached to Non-exclusive Utility Easement
PUBLIC UTILITY EASEMENT DESCRIPTION
A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DOCKET 11254, PAGE 345,
MARICOPA COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CITY OF TEMPE BRASS CAP FLUSH MARKING THE INTERSECTION BETWEEN
CURRY ROAD AND MILLER ROAD, FROM WHICH A CITY OF TEMPE BRASS CAP FLUSH MARKING
THE INTERSECTION BETWEEN CURRY ROAD AND STADEM DRIVE BEARS NORTH 89'52'14" EAST, A
DISTANCE OF 1280.35 FEET;
THENCE NORTH 89'52'14" EAST, ALONG THE CENTER LINE OF CURRY ROAD, A DISTANCE OF
916. 71 FEET;
THENCE NORTH 0'07'46" WEST, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE
OF CURRY ROAD, ALSO BEING THE POINT OF BEGINNING;
THENCE NORTH 0'07'46" WEST, A DISTANCE OF 14.43 FEET TO A POINT ON THE SOUTH
EASEMENT LINE OF A 30 FEET WIDE WATER LINE EASEMENT AS SHOWN IN DOCUMENT NUMBER
j 2016-0916235, MARICOPA COUNTY RECORDS;
J
i
THENCE SOUTH 64'30'41" EAST, ALONG SAID SOUTH EASEMENT LINE, A DISTANCE OF 33.37 FEET
TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE;
8
THENCE SOUTH 89'52'14'' WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
~
30.09 FEET TO THE POINT OF BEGINNING.
~
~
CONTAINS 217 SQUARE FEET OR 0.0050 ACRES OF LAND, MORE OR LESS.
{
]
SEE ATTACHED EXHIBIT "A" BY REFERENCE MADE A PART HERETO.
SUNRISE
ENGINEERING
2045 SOUTH VINEYARD, SUITE 101
~~~a~.~i~~:0~
5210
SHEET 1 OF 2
'----------------------www.sunme-eng.com
Page 7 of 10
111.02.12 N-2608 OG-UE
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Exhibit "A" - continued
Attached to Non-exclusive Utility Easement
EXHIBIT "A"
FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY
DOCKET 11254, PAGE 345, MCR
--,
-
30' R/W
POB
PUBLIC
UTILITY
EASEMENT
t.~
L3
?:I CURRY ROAD
,:st-.
8·
~-71'_
~I
363.64'
POC
N89'52'14"E 1280.35'
FOUND CITY OF TEMPE
BRASS CAP FLUSH
CURRY ROAD AND
MILLER ROAD INTERSECTION
DOC. NO.
E
MCR
N
POB
POC
R
s
T w
ABBREVIATIONS
DOCUMENT NUMBER
EAST
MARICOPA COUNTY RECORDS
NORTH
POINT OF BEGINNING
POINT OF COMMENCEMENT
RANGE
SOUTH
TOWNSHIP
WEST
LEGEND
~
FOUND MONUMENT, AS NOTED
SUBJECT EASEMENT
- - - - - -
OTHER EASEMENT LINE
-
-
RIGHT-OF-WAY LINE
CENTER LINE
-
• • -
• • -
SURVEY TIE LINE
FOUND CITY OF TEMPE
BRASS CAP FLUSH
CURRY ROAD AND
ST ADEM DRIVE INTERSECTION
LINE TABLE
LINE #
DIRECTION
LENGTH
L1
N0'07'46"W
14.43'
L2
S64'30'41"E
33.37'
L3
S89'52'14"W
30,09'
NOT TO SCALE
SUNRISE
ENGINEERING
2045 SOUTH VINEYARD, SUITE 101
SHEET 2 OF 2
TEL 480,768.8600
1.------------------------ WWW.811117'Ue-eng.com
Page 8 oflO
111.02.12_N-2608_OG-UE
Exhibit "A" - continued
Attached to Non-exclusive Utility Easement
PUBLIC UTILITY EASEMENT DESCRIPTION
A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DOCKET 12533, PAGE 737,
MARICOPA COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CITY OF TEMPE BRASS CAP FLUSH MARKING THE INTERSECTION BETWEEN
CURRY ROAD AND MILLER ROAD, FROM WHICH A CITY OF TEMPE BRASS CAP FLUSH MARKING
THE INTERSECTION BETWEEN CURRY ROAD AND STADEM DRIVE BEARS NORTH 89'52'14" EAST, A
DISTANCE OF 1280.35 FEET;
THENCE NORTH 89'52'14" EAST, ALONG THE CENTER LINE OF CURRY ROAD, A DISTANCE OF
619.43 FEET;
THENCE NORTH 0'07'46" WEST, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE
OF CURRY ROAD, ALSO BEING THE POINT OF BEGINNING;
THENCE NORTH 0'07'46" WEST, A DISTANCE OF 23.00 FEET;
~
THENCE NORTH 89'52
114" EAST, A DISTANCE OF 21.20 FEET TO A POINT ON THE WEST PARCEL
8.a:
LINE OF THAT PARCEL DESCRIBED IN DOCKET 11254, PAGE 345, MARICOPA COUNTY RECORDS;
THENCE SOUTH 0'21'23
11 WEST, ALONG SAID PARCEL LINE, A DISTANCE OF 23.00 FEET TO A
~
POINT ON SAID NORTH RIGHT-OF-WAY LINE;
a
iii
THENCE SOUTH 89'52'14" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
~
21.00 FEET TO THE POINT OF BEGINNING.
Jj !
CONTAINS 485 SQUARE FEET OR 0.0111 ACRES OF LAND, MORE OR LESS.
]
~
SEE ATTACHED EXHIBIT "A" BY REFERENCE MADE A PART HERETO.
"'
SUNRISE
ENGINEERING
2045 SOUTH VINEYARD, SUITE 101
~~:a~'.;1;~~:-0!
5210
SHEET 1 OF 2
-----------------------www.SU1trl.re-enJ!.COm
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111.02.12 N-2608 OG-UE
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Exhibit "A" - continued
Attached to Non-exclusive Utility Easement
EXHIBIT "A"
FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY
DOCKET 12533, PAGE 737, MCR
PUBLIC
UllLITY
EASEMENT
L2
:::i
'.:3
POB
L4
FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY
DOCKET 11254, PAGE 345, MCR
_T __ _
30' R/W
~I CURRY ROAD
,:st-.
8·
660.92'
6_19_.4_3'___ ~J_ -----
POC
N89'52'14"E 1280.35'
FOUND CITY OF TEMPE
BRASS CAP FLUSH
CURRY ROAD AND
MILLER ROAD INTERSECllON
DOC. NO.
E
MCR
N
POB
POC
R s
T w
ABBREVIA llONS
DOCUMENT NUMBER
EAST
MARICOPA COUNTY RECORDS
NORTH
POINT OF BEGINNING
POINT OF COMMENCEMENT
RANGE
SOUTH
TOWNSHIP
WEST
LEGEND
FOUND MONUMENT, AS NOTED
SUBJECT EASEMENT
PARCEL LINE
RIGHT-OF-WAY LINE
CENTER LINE
-
• • -
• • -
SURVEY TIE LINE
FOUND CITY OF TEMPE
BRASS CAP FLUSH
CURRY ROAD AND
ST ADEM DRIVE INTERSECTION
LINE TABLE
LINE It
DIRECllON
LENGTH
L1
N0'07'46"W
23.00'
L2
N89'52'14"E
21.20'
L3
S0'21'23"W
23.00'
L4
S89'52'14"W
21.00'
NOT TO SCALE
SUNRISE
ENGINEERING
2045 SOUTH VINEYARD, SUITE 101
~~:a~~;~::0~
5210
SHEET 2 OF 2
,__ _____________________
WWW,8U/lme-eng.cam
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111.02.12 N-2608 OG-UE
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