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12739 characters
When recorded, return to:
Maricopa County Real Estate Department
2801 West Durango Street
Phoenix, AZ 85009 (MDH)
EXEMPT ARS § 11-1134, A2
FCD 1999RO16
NON-EXCLUSIVE UTILITY EASEMENT
FCD Project: Trilby Wash Detention Basin
and Floodway
FCD Parcel Nos.: TW-33C, TW-32C, TW-
34C, TW-35C, TW-36C, TW-38C, TW-38F,
TW-38C and TW-30C-3
Portion of APNs: 503-57-012, 013B, 011, 017,
014, 022, 018, and 503-79-031B
FCD Permit No.: FRU2500037
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 SURPRISE, a 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 forth in instrument numbers 19830359437, recorded September 06,
1983; 19560018531, recorded April 24, 1956; 19560033920, recorded March 16, 1956;
19560018543, recorded April 24, 1956; 19560018530, recorded April 24, 1956; 19560092319,
recorded August 29, 1955; 19560018526, recorded April 24, 1956; and 19940166215, recorded
February 28, 1994 in the official records of Maricopa County (“Burdened Property”). The granted
easement, described on the attached Exhibit “A” and depicted on Exhibit “B” (“Easement”), is for
the purpose of constructing, operating, repairing, and maintaining fiber conduit on Flood Control
District (FCD) property, and appurtenances thereto (collectively, the “Facility”), in accordance
with FCD Right-of-Way Use Permit No. FRU2500037 (“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
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204.01.12_TW-32C_OG-UE
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 Trilby Wash Detention Basin and Floodway (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
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 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.
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204.01.12_TW-32C_OG-UE
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 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 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 fails to confirm its intent to maintain 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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204.01.12_TW-32C_OG-UE
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
‘DocuSigned by:
[ rateaynn 10/16/2025
Paul Baughman, P.E., CFM Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
DocuSigned by:
10/16/2025
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 Carpivelli 40/15/2025
Max Carpinelli Date
Flood Control District General Counsel
Page 4 of 10
204.01.12_TW-32C_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 10
204.01.12_TW-32C_OG-UE
GRANTEE ACCEPTANCE AND APPROVAL:
CITY OF SURPRISE, a municipal corporation, and/or its successors and assigns
by: ZZ———SY,
Kevin Sartor
Its: Mayor
Attest: Attest:
Pr hawll-~ pea MeaA\
Kristi Passarelli JefffeyMurray U
City Clerk City Attorney
STATE OF ARIZONA )
)ss.
County of Maricopa )
“
The foregoing instrument was acknowledged before me this ye day of Ce Laloor , 2025,
by Kevin Sartor, known by me as the Mayor of the City of Surprise, an Arizona municipal
corporation. a ,
Notary Public
My Commission Expires:
Notary Puplic - Arizona
MARIGOPA COUNTY
Cammission ## 666012
Expires April 7, 2028
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204.01.12_TW-32C_OG-UE
Exhibit “A” - Easement
Attached to Non-exclusive Utility Easement
DESCRIPTION
INTELLIGENT TRANSPORTATION SYSTEM (ITS) EASEMENT
A portion of Section 13, Township 4 North, Range 2 West and a portion of Section 18,
Township 4 North, Range 1 West of the Gila and Salt River Meridian, City of Surprise,
Maricopa County, Arizona described as follows:
An easement 6.00 feet in width lying 3.00 feet on each side of the following described
centerline;
COMMENCING at the West Quarter Corner of said Section 18 from which the
Southwest Corner of said Section 18 lies South 00°10'13” West 2633.76 feet;
Thence along the west line of the Southwest Quarter of said Section 18 South 00°10'13"
West 1181 48 feet:
Thence departing said line North 89°49'47" West 4.42 feet to a point on the northwest
line of Parcel 30 C-3 of the Trilby Wash Detention Basin Dam & Appurtenances as
recorded in Book 63, Page 31, records of said County, said point being also on the
southeast line of the Beardsley Canal as recorded in Book 584, Page 19, records of said
County, being also the POINT OF BEGINNING;
Thence South 60°21'32” East 55.19 feet;
Thence North 77°00’20" East 7.16 feet;
Thence North 62°51'07” East 50.29 feet;
Thence North 62°06'30” East 120.15 feet;
Thence North 61°59'41” East 180.88 feet;
Thence North 62°02'19" East 354.61 feet;
Thence North 62°06'57" East 680.76 feet;
Thence North 61°56'00” East 112.55 feet;
Thence North 62°03'42” East 502.36 feet;
Thence North 62°02'25" East 966.51 feet;
Thence North 62°05'03” East 666.46 feet;
DESCRIPTION CONTINUED ON PAGE 2 OF 2
Page 1 of 2
Page 7 of 10
204.01.12_TW-32C_OG-UE
Exhibit “A” - continued
Attached to Non-exclusive Utility Easement
DESCRIPTION CONTINUED FROM PAGE 1 OF 2
Thence North 65°19'23” East 18.99 feet to the beginning of a tangent curve, concave
northwesterly, having a radius of 38.88 feet;
Thence northeasterly along the arc of said curve through a central angle of 67°02'40" a
distance of 45.50 feet;
Thence North 01°43'17" West 412.72 feet to a point on the northwest line of Parcel 38-F
of said Triloy Wash Detention Basin Dam & Appurtenances and the POINT OF
TERMINATION.
The sidelines are lengthened or shortened as needed to terminate in the lines of the
grantor.
Containing 0.5488 acres, more or less.
Attached is Exhibit “B” and by this reference is made a part hereof.
End of description
Page 2 of 2
Page 8 of 10
204.01.12_TW-32C_OG-UE
Exhibit “B”
Attached to Non-exclusive Utility Easement
WHE GORE Ye COR EXHIBIT "B 4 -
| TaNCRIW TANS ROW N Sh -
| U Ba
+ a a Su
] ah ©
< a a ‘or?
SCALE: 1"+200' a a WW.
| a a A Oy
0 50 100 150 200 o* Ay
2 » S
SECTION 13 T4N, RAW
SECTION 18 TAN, RIW
ye
&
$00° 10'15"W 2633.76
BASIS OF BEARINGS
Maricopa County Low Distortion Projection
Lineor unit: Internctional foot
Geodetic Dotum: NAD 1983
VICINITY MAP
gin: 33° 15'00"N SECTION 1€
112° 15'00" W T4N RIW
False northing: 1,500,000.000 ift
False easting: 2,500,000.000 ift
Standard paraile! scale: 1.000045 (exact)
Pe CITY OF SURPRISE
SURPRISE LAND SURVEY DEPARTMENT
OT RRIZON A 16000 N. CIVIC CENTER PLAZA
SURPRISE AZ. 85374
INTELLIGENT TRANSPORTATION SYSTEM (ITS) EASEMENT
SW COR SE COR
| ~ SEC 18 & SEC 13
VY T4N, RW T4N, R2W
PROJECT # 25010 JORAWN BY RCD |DATE04-17-25]SHEET | OF 2
204.01.12_TW-32C_OG-UE
Page 9 of 10
Exhibit “B” - continued
Attached to Non-exclusive Utility Easement
: : xe
CENTERLINE LINE TABLE CENTERELINE CURVE TABLE ss
LINE_BEARING __ LENGTH CURVE ZN RADIUS LENGTH Por :
Lt S$60°2132"— 55.19" Ci 67°02'40" 38.88 45.50" (Pd
L2_N77°00'22"E 7.16 ws
3 N62°5NO7E 50.29 aS
L4 N62°06°S0"E 120.15"
L5 N6I°59'41"E 80.88" TIE LINE TABLE.
L6 N62°02"9"E 354.69
L? N62°06'57"E 680.76" LINE BEARING _LENGTH -
anne . Tr Soort 1181.48 =
LS N6I°56'00"E 112.55 1) NBO;AOaT Wap a
LQ N62*03'42"E 502.36
L10 N62°02'25"E 966.51
LI) N62°05'03"E 666.46"
L12 N6S19'23"E 18.99"
U3 NOI43T7W 412.72"
S)
S
LEGEND
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
POT POINT OF TERMINATION
TS INTELLIGENT TRANSPORTATION SYSTEM
—— = ITS AREA = 0.549 ACRES +/-
204.01.12_TW-32C_OG-UE
Page 10 of 10
ye
zu CITY OF SURPRISE
ow
Sw LAND SURVEY DEPARTMENT
33 SURPRISE 16000 N. CIVIC CENTER PLAZA
SURPRISE AZ. 85374
INTELLIGENT TRANSPORTATION SYSTEM (ITS) EASEMENT
PROJECT # 25010 JORAWN BY RCD {DATE 04-17-25|]SHEET 2 OF 2