A1 121.01.12_N-2269-01_OG-DE.PDF

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 DRAINAGE EASEMENT

FCD Project: East Maricopa Floodway Reach 5
FCD Parcel No.: N-2269-01

APN: 304-17-014E ptn.

FCD Permit No.: FRU2500047

This Non-Exclusive Drainage Easement is entered into by and between the following

patties

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona

GRANTEE: CITY OF MESA, an Arizona Municipal Corporation and/or its successors

and assigns

In accordance with GRANTOR’S Board of Directors Resolution 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 drainage easement in, upon, over, under, across, through and along a
portion of the premises set forth in instrument numbers 19820207616, recorded July 02, 1982 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 storm drain on Flood Control District (FCD) property, and appurtenances
thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No.
FRU2500047 (“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 of record, that could be disclosed by a visual inspection or accurate survey of the

real property.

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121.01.12_N-2269-01_OG-DE

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 East Maricopa Floodway Reach 5 (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
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 Facility, 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 the
Project. 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 the Easement, and
GRANTEE’S Facility located within the Easement, in a state of good repair and in a safe
condition. 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
modification whatsoever to the Easement, the Facility, or any appurtenance of GRANTEE located
therein, that is not in compliance with said FCD Permit, will require GRANTEE to apply for and

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121.01.12_N-2269-01_OG-DE

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 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 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.

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121.01.12_N-2269-01_OG-DE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:
e Baughman 5/1/2025
Paul Baughman, P.E., CFM Date

Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:

5/1/2025

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 6. Cavpivelli 5/1/2025

306A191436004B5.

District General Counsel Date

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121.01.12_N-2269-01_OG-DE

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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121.01.12_N-2269-01_OG-DE

GRANTEE ACCEPTANCE:

CITY OF MESA, an Arizona Municipal Corporation, and/or its successors and assigns

PIWAWE Tere a les zozs

_/E#lizabefht Huning Date
7 ela Engineer

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this 220! day of Li PAIL
2029, by Elizabeth Huning, City Engineer on behalf of the City of Mesa, an Arizona Municipal

Corporation, and/or its successors and assigns
KEVIN SWINEHART

NTA GURNEE Notary Public (signature)
MARICOPA COUNTY
COMMISSION # 676422
MY COMMISSION EXPIRES
NOVEMBER 17, 2028

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121.01.12_N-2269-01_OG-DE

Exhibit “A” - Easement
Attached to Non-exclusive Drainage Easement

p 602.957.1155 | 3020 East Camelback Rd, Suite 201 dibblecorp.com
f 602.957.2838 | Phoenix, AZ 85016
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
DRAINAGE EASEMENT

OVER A PART OF APN 304-17-014E
A PARCEL OF LAND SITUATED IN A PART OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18, FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 18, BEARS NORTH 89 DEGREES 34 MINUTES 27 SECONDS
WEST, A DISTANCE OF 2516.26 FEET;

THENCE UPON AND WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18,
NORTH 89 DEGREES 34 MINUTES 27 SECONDS WEST, A DISTANCE OF 585.50 FEET;

THENCE DEPARTING SAID NORTH LINE SOUTH 00 DEGREES 25 MINUTES 33 SECONDS WEST, A
DISTANCE OF 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF ELLIOT ROAD, ALSO
BEING THE POINT OF BEGINNING;

THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY, SOUTH 11 DEGREES 21 MINUTES 26
SECONDS WEST, A DISTANCE OF 47.43 FEET;

THENCE SOUTH 60 DEGREES 29 MINUTES 52 SECONDS WEST, A DISTANCE OF 54.72 FEET;
THENCE SOUTH 39 DEGREES 04 MINUTES 50 SECONDS WEST, A DISTANCE OF 73.09 FEET;
THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS WEST, A DISTANCE OF 25.25 FEET;
THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, A DISTANCE OF 86.00 FEET;

THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, A DISTANCE OF 61.40 FEET;

THENCE NORTH 60 DEGREES 25 MINUTES 33 SECONDS EAST, A DISTANCE OF 34.89 FEET;

THENCE NORTH 11 DEGREES 21 MINUTES 26 SECONDS EAST, A
DISTANCE OF 27.94 FEET TO A POINT ON THE AFOREMENTIONED
SOUTHERLY RIGHT OF WAY OF ELLIOT ROAD;

THENCE UPON AND WITH SAID SOUTHERLY RIGHT OF WAY, SOUTH 89
DEGREES 34 MINUTES 27 SECONDS EAST, A DISTANCE OF 30.55 FEET

TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA
OF 7,136 SQUARE FEET OR 0.164 ACRES OF LAND, MORE OR LESS.

FEB 2025 PAGE 1 DIBBLE PROJECT NO
APN 304-17-O14E — DE DI BBLE 1023089
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121.01.12_N-2269-01_OG-DE

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