E1. 650.01.31_F00443_TOGB_FCD_EASEMENT_- 08.5.22.PDF
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WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Department
2801 West Durango Street
Phoenix, Arizona 85009
EXEMPT ARS § 11-1134, A2
Resolution FCD 2022R001
SO
/WJ
EASEMENT FOR FLOOD CONTROL PURPOSES
Parcel No.:
403-11-053
Project No.: 650.01.31
Project Name: Scott Avenue Wash Emergency Repair
Item:
F00443 (SO)
This easement for flood control purposes is entered into as of the last date executed below by and
between the following parties.
GRANTOR: Town of Gila Bend, a municipal corporation
GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona, its agents, contractors,
successors, and assigns
GRANTOR does hereby grant and convey to the GRANTEE, a non-exclusive
easement ("Easement") on, over, under, across, and through the real property described in
Exhibit “A”, and depicted on Exhibit “B”, which are both attached hereto and made a part
hereof (collectively “Easement Area”), for the purpose of construction, installation,
reconstruction, operation, repair, replacement, maintenance, and/or removal of the channel, and
appurtenances thereto (“Facility”), together with: (1) the right of unrestricted ingress and
egress to, from, across, and along the Easement Area; and, (2) the right, but not the obligation,
to cut back and trim such portions of trees and vegetation that obstruct or interfere with the
efficient access to, and/or maintenance and operation of, the Facility.
Page 1 of 7
DocuSign Envelope ID: 9DB073D2-84A2-4A7B-AA16-4F0BD9C0F19F
Parcel No.:
403-11-053
Project No.: 650.01.31
Project Name: Scott Avenue Wash Emergency Repair
Item:
F00443 (SO)
Page 2 of 8
GRANTOR shall not construct, or permit the construction of, any permanent structures in
the Easement Area, nor plant any trees or deep-rooted vegetation, within the Easement Area
GRANTEE shall review and permit, in accordance with GRANTEE’S Right of Way Use
Permit process, any proposed modifications, new construction, and/or other activities undertaken
or authorized by GRANTOR within the Easement Area, prior to any work, to ensure the Facility’s
intended use, functionality, and GRANTEE’S ability to operate and maintain its Facility, are not
adversely impacted or diminished. If any GRANTOR use, or GRANTOR-authorized use, of the
Easement Area causes interference with GRANTEE’S Facility, then the GRANTOR and/or the
user shall, at its/their sole cost and expense, eliminate such interference.
The GRANTEE shall, at its sole cost and expense, maintain the flood control Facility and
Easement Area in a state of good repair and in a safe condition. GRANTEE shall also use its best
efforts to operate and maintain the flood control Facility in a manner which will not unreasonably
interfere with the GRANTOR’S rights reserved within this Easement.
In the event GRANTEE removes the Facility, or in the event the Easement ceases to be
used for the purposes it was granted, 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 is
no longer being used for the purpose it was granted or has been abandoned. In such event,
GRANTEE shall respond to GRANTOR within 30 days as to whether the Easement Property is
still being used for flood control purposes or has been abandoned. If the Easement is no longer
needed by GRANTEE, GRANTOR and GRANTEE shall execute a termination of this Easement
which GRANTOR shall record in the public records of Maricopa County. Unless and until such
termination is recorded, this Easement shall remain in full force and effect.
DocuSign Envelope ID: 9DB073D2-84A2-4A7B-AA16-4F0BD9C0F19F
Parcel No.:
403-11-053
Project No.: 650.01.31
Project Name: Scott Avenue Wash Emergency Repair
Item:
F00443 (SO)
Page 3 of 8
This Easement shall run with the land and shall be binding upon the parties.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE(S) FOLLOW
DocuSign Envelope ID: 9DB073D2-84A2-4A7B-AA16-4F0BD9C0F19F
DocuSign Envelope ID: 9DB073D2-84A2-4A7B-AA16-4F0BD9C0F19F
Parcel No.:
403-11-053
Project No.: 650.01.31
Project Name: Scott Avenue Wash Emergency Repair
Item:
F00443 (SO)
Page 5 of 8
RECOMMENDED FOR APPROVAL:
APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT
BOARD OF DIRECTORS OF
OF MARICOPA COUNTY
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
Michael Fulton, Director
Date
Chairman of the Board
ATTEST:
Alex Smith
Date
Director, Real Estate Department
Clerk of the Board
Date:
Approved as to form and within the powers and
authority granted to the Board of Directors.
General Counsel
Date
DocuSign Envelope ID: 9DB073D2-84A2-4A7B-AA16-4F0BD9C0F19F
11/16/2022
11/16/2022
11/16/2022
Parcel No. 403-11-053
Project No. 650.01.31
SCOTT A VE WASH EMERGENCY REPAIR
Item No. F00443
EXHIBIT "A"
LEGAL DESCRIPTION FOR EASEMENT
That Part of Tract "C", of West Gila Bend Amended, according to the plat ofrecord in the office of the
County Recorder of Maricopa Country, Arizona, recorded in Book 32 of Maps, Page 33 described as
follows:
Parcel 1:
COMMENCING at the Southeast comer of said Tract "C",
thence along the South line of said Tract, South 77°20'02" West, for a distance of74.48 feet,
thence continuing along said South line South 79°08'14" West, for a distance of 5.90 feet to the Point of
Beginning;
thence continuing along said South line South 79°08'13" West, for a distance of 59.63 feet;
thence continuing along said South line South 78 ° 1 0' 18" West, for a distance of 29 .22 feet;
thence departing said South line North 11 °59'06" West, for a distance of 98.06 feet;
thence North 72°23'35" East, for a distance of 89.47 feet;
thence South 11 °52'55" East, for a distance of 108.07 feet to the Point of Beginning.
Parcel 2:
COMMENCING at the Southeast comer of said Tract "C",
thence along the South line of said Tract, South 77°20'02" West, for a distance of74.48 feet;
thence continuing along said South line South 79°08'14" West, for a distance of 5.90 feet;
thence continuing along said South line South 79°08'13" West, for a distance of 59.63 feet;
thence continuing along said South line South 78°10'18" West, for a distance of 29.22 feet;
thence departing said South line North 11 °59'06" West, for a distance of 98.06 feet;
thence North 11 °23'49" West, for a distance of22.49 feet to the Point of Beginning;
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 6/13/2022 hp
Chk:
Appr:
Rev:
Maricopa County - Real Estate Department
EXHIBIT "A"
Page 6 of 8
DocuSign Envelope ID: 9DB073D2-84A2-4A7B-AA16-4F0BD9C0F19F
Continued:
thence North 11 °58'11" West, for a distance of 50.24 feet;
thence North 72°25'44" East, for a distance of 178.94 feet;
thence South 10°56'10" East, for a distance of29.15 feet;
thence South 32°01 '41" West, for a distance of21.42 feet;
thence South 13 °06'29" East, for a distance of 7 .19 feet;
thence South 72°25'44" West, for a distance of 163.60 feet to the Point of Beginning.
The above described parcels combined contains 17,870 square feet or 0.4102 acres, more or less, and is
depicted on attached Exhibit "B".
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 6/13/2022 hp
Chk:
Appr:
Rev:
Maricopa County - Real Estate Department
EXHIBIT "A"
Page 7 of 8
DocuSign Envelope ID: 9DB073D2-84A2-4A7B-AA16-4F0BD9C0F19F
F00443
PARCEL 2
N 11°58'11" W 50.24'
----
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Parcel 1 Area: 9,152 square feet or 0.2101 acres
Parcel 2 Area: 8,718 square feet or 0.2001 acres
Total Req'd. Area: 17,870 square feet or 0.4102 acres ----
--
----
s 10°56'10" E 29.15'
N
s 32°01'41" w 21.42'
--
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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
APN 403-11-053 SCOTT AVE WASH EMERGENCY REPAIR
PROJECT No. 650.01 .31
ITEM No. F00443
DA TE 06/13/2022
R/W S.O. Tech HP
Page 8 of 8
DocuSign Envelope ID: 9DB073D2-84A2-4A7B-AA16-4F0BD9C0F19F