A1. PARTIALLY EXECUTED EASEMENT (FCD PERMIT # 2021P113).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 UTILITY EASEMENT

FCD Project: Adobe Dam

FCD Parcel No.: P-2323
Burdened Property adjacent to
APN: 206-29-003E ptn.

FCD Permit No.: 2021P113

This Non-Exclusive Utility Easement is entered into by and between the following parties and
becomes effective as of the date of recordation with the Maricopa County Recorder.

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

GRANTEE: CITY OF PHOENIX, a municipal corporation of the State of Arizona,
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 number 19780319396, recorded September 13, 1978
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 an underground waterline for a closed water distribution loop, and
appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use
Permit No. 2021P113 (“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.

Page | of 8

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 Adobe Dam (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 GRANTEPF’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.

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

FCD Project: Adobe Dam 2 of 8 Burdened Property adjacent to APN: 206-29-003E
FCD Parcel No.: P-2323 FCDP Permit No.: 2021P113

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, excepting therefrom any such injury, damage or costs
caused by or arising solely from the gross negligence, or actions that are purposeful or undertaken
without regard to the consequences, by the GRANTOR, its officers, employees, agents or

contractors.

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 the benefit of 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.

FCD Project: Adobe Dam 3 of 8 Burdened Property adjacent to APN: 206-29-003E
FCD Parcel No.: P-2323 . FCDP Permit No.: 2021P113

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midrarl Fulton 9/29/2022
Cc.
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:
[ As— 9/29/2022
F0612BOD565D4CC...
Alex Smith, Director Date
Maricopa County Real Estate Department

APPROVED AS TO FORM and within the powers and authority granted under the laws of the

State of Arizona.

‘DocuSigned by:
Wayne Pte 9/29/2022
'B2E0BD10DB524D1...

District General Counsel Date

FCD Project: Adobe Dam
FCD Parcel No.: P-2323

Page 4 of 8

Burdened Property APN: 206-29-003E ptn.
FCD Permit No.: 2021P113

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA

COUNTY

Bill Gates Date
Chairman of the Board

ATTEST:
Clerk of the Board Date
STATE OF ARIZONA )

)ss
COUNTY OF MARICOPA )

Before me,

, Notary Public in and for said County, State

of Arizona, on this day personally appeared Bill Gates, known to me to be the person whose name

is subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision in

the foregoing instrument.

Given under my hand and seal of the office this

FCD Project: Adobe Dam
FCD Parcel No.: P-2323

day of. 202__

Notary Public (signature)

Burdened Property adjacent to APN: 206-29-003E
FCDP Permit No.: 2021P113

GRANTEE ACCEPTANCE AND APPROVAL:

CITY OF PHOENIX, a municipal corporation of the State of Arizona, and/or its successors

and assigns
By: Louw K Sub

(Sighature) Jaca: 2 SIvrale

Its: Deputy ennee Divecty

(Title)

STATE OF ARIZONA

COUNTY OF MARICOPA

The foregoing instrument was acknowledged before me this Z0 day of Se ? tember

20 22-by Jami Schmalz its Deoutn Enance Dire or City of
Y .)

Phoenix, a municipal corporation of the State of Arizona, and/or its successors and assigns.

Vasey?” Yombr

My Commission Expires ‘Pugust (4, 02S

FCD Project: Adobe Dam
FCD Parcel No.: P-2323

6 of 8

Notary Public (signature)

ET CASEY COMBER
for. NOTARY PUBLIC - ARIZONA
fa/ EE) | MARICOPA COUNTY
ae COMMISSION # 611190 .
e MY COMMISSION EXPIRES
: AUGUST 14, 2025

Burdened Property adjacent to APN: 206-29-003E

FCDP Permit No.: 2021P113.

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

(— EXHIBIT A )
LEGAL DESCRIPTION

A SEWER & WATER EASEMENT OVER A PORTION OF TONOPAH DRIVE AS DEDICATED AND
RECORDED IN DOCKET 1943, PAGE 38, MARICOPA COUNTY RECORDS (MCR) AND LOCATED
IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE
GILA & SALT RIVER MERIDIAN, CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21 (3”" ADOT HIGHWAY
DIVISION ALUMINUM CAP IN HANDHOLE) FROM WHICH POINT THE WEST QUARTER CORNER
THEREOF (5/8” REBAR NO CAP) BEARS N 00°42'33" W A DISTANCE OF 2639.14 FEET;

THENCE N 72°40'17” E A DISTANCE OF 2401.93 FEET TO A POINT ON THE NORTH LINE OF
SAID TONOPAH DRIVE THE POINT OF BEGINNING;

THENCE N 89°36'21" E, ALONG THE NORTH LINE OF SAID TONOPAH DRIVE, A DISTANCE OF
328.76 FEET;

THENCE S 00°30'01” E, ACROSS TONOPAH DRIVE, A DISTANCE OF 40.00 FEET TO POINT ON
THE SOUTH LINE THEREOF;

THENCE S 89°36'21” W, ALONG SAID SOUTH LINE, A DISTANCE OF 328.74 FEET;

THENCE N 00°31'23” W, ACROSS SAID TONOPAH DRIVE, A DISTANCE OF 40.00 FEET TO THE
POINT OF BEGINNING.

THE ABOVE DESCRIBED EASEMENT CONTAINS 0.302 ACRE OF LAND (13,149.88 S.F.), MORE
OR LESS, INCLUDING ANY EASEMENTS OF RECORD.

THE BASIS OF BEARING FOR THE ABOVE DESCRIPTION IS N 00°42'33” W FOR THE WEST
LINE OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 2 EAST
OF THE GILA & SALT RIVER MERIDIAN, CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA AS
SHOWN ON THE PLSS SUBDIVISION RECORD OF SURVEY-MARICOPA COUNTY GEODETIC
DENSIFICATION AND CADASTRAL SURVEY RECORDED IN BOOK 1115, PAGE 4, MARICOPA
COUNTY RECORDS.

Page 2 of 2

CITY OF PHOENIX
RPA PROJECT: 221143 - HEDGEPETH WL IMP.
Date: 9/22/21 NEW SEWER & WATER EASEMENT

WN

MARK RL &
SANDWICK yy

Preparing Firm: [" """" 7] RITOCH-POWELL

[RPA cose
Ne LW J Yw.rpaeng.com

Page 7 of 8
FCD Project: Adobe Dam Burdened Property adjacent to APN: 206-29-003E ptn.
FCD Parcel No.: P-2323 FCD Permit No.: 2021P113

Exhibit “A” - continued

Attached to Non-exclusive Utility Easement

(west 1/4 COR.

SEC. 21
5/8” REBAR
NO CAP

NO"42’33"W 2639.14

POG

SOUTHWEST COR.
SEC. 21

3” ADOT HWY. DIV.
AC IN HANDHOLE

EXHIBIT A

SKETCH

30.00’ PERMANENT
EASEMENT FOR WATER
PIPELINE, ACCESS ROADWAY
AND ELECTRICAL LINES.
DOKT.11834,PG.777,MCR

MARICOPA COUNTY FLOOD
CONTROL DISTRICT
INST. DKT.13151,PG.1555,MCR
APN 206—29-—O003E

NEW SEWER & WATER EASEMENT
AREA=13,149.88 SQ.FT.

POB
7 NE:
A
ste} ne
SS SY »
3 OD
/ GAs P2340
& 235 MARICOPA COUNTY FLOOD
zREQ CONTROL DISTRICT
mit PART OF 206-29-003T
INST. 81-0024181,MCR
LINE TABLE
LINE | BEARING | LENGTH
L1 | N72°40'17"E | 2401.93
L2 | N89°36'21"E | 328.76’
L3 | S00°30'01"E | 40.00’
L4 | $89°36'21"W | 328.74'
LS} NOO*31’23"W | 40.00’

SCALE:
4”=80
sw 1/4
SEC 21
T4N
R2E

Page 1 of 2

CITY OF PHOENIX
RPA PROJECT: 221143 - HEDGEPETH WL IMP.
Date: 9/22/21 NEW SEWER & WATER EASEMENT

IRPA

Preparing Firm: [~~ “1 ritocH-POWELL
& Associates

602-263-1177
L J www.rpaeng.com

FCD Project: Adobe Dam
FCD Parcel No.: P-2323

Page 8 of 8

Burdened Property adjacent to APN: 206-29-003E ptn.
FCD Permit No.: 2021P113