B1. NON-EXCLUSIVE ROADWAY EASEMENT (FCD PERMIT # 2021P251).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 ROADWAY EASEMENT

FCD Project: Rittenhouse Road Drain
FCD Parcel No.: RR-20

APN: 304-66-008N ptn.

FCD Permit No.: 2021P251

This non-exclusive roadway 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: TOWN OF QUEEN CREEK, an Arizona 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 roadway easement in, upon, over, under, across, through and along a
portion of the premises set forth in instrument number 20061437134, recorded October 31, 2016
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 roadway and public utilities, and appurtenances thereto (collectively,
the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2021P251 (“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

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FCD Project: Rittenhouse Road Drain : APN:304-66-008N ptn.
FCD Parcel No.: RR-20 FCD Permit No.:2021P251

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 contro! project known as the Rittenhouse Road Drain (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.

FCD Project: Rittenhouse Road Drain 2 of 8 APN:304-66-008N ptn.
FCD Parcel No.: RR-20 FCD Permit No.:2021P251

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
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: Rittenhouse Road Drain 3 of 8 APN:304-66-008N ptn.
FCD Parcel No.: RR-20 FCD Permit No.:2021P251

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

‘DocuSigned by:

Midorl Fulton 9/1/2022

Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:
AS 9/1/2022

Alex Smith Date
Director

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

DocuSigned by:
Ways. Prk 9/1/2022
District General Counsel Date
FCD Project: Rittenhouse Road Drain 4 of 8 APN:304-66-008N ptn.

FCD Parcel No.: RR-20 FCD Permit No.:2021P251

APPROVED:

BOARD OF DIRECTORS OF THE 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: Rittenhouse Road Drain
FCD Parcel No.: RR-20

day of. » 202__.

Notary Public (signature)

APN:304-66-008N ptn.
FCD Permit No.:2021P251

GRANTEE ACCEPTANCE:
TOWN OF QUEEN CREEK, an Arizona Municipal Corporation of the State of Arizona

By « John’ tes POT)

John Kross, Town Manager

STATE OF ARIZONA )

)ss
COUNTY OF )
Before me, Robert WwW, Sach S$ , Notary Public in and for said County, State of

Arizona, on this day personally appeared John Kross, Town Manager, known to me to be the

Grantee described in the foregoing instrument.

Given under my hand a ea he office this aad day of Ugi/ St , 2022.
ROBERT W. SACHS

UE Notary Public, State of Arizona
Maricepa County
Commission # 676246
My Commission Expires
November 20, 2023

Douay Pubtic (sighature)

Approved as to Form:

5 ri (Aug 22, 2022 09:49 PDT)

Dickinson Wright, PLLC Date
Attorneys for the Town of Queen Creek

FCD Project: Rittenhouse Road Drain 6 of 8 APN:304-66-008N ptn.
FCD Parcel No.: RR-20 FCD Permit No.:2021P251

Exhibit “A” — Easement continued
, ACERO QUEEN CREEK
ROADWAY AND PUBLIC UTILITY EASEMENT
LEGAL DESCRIPTION

A portion of land being situated within the Northeast Quarter of Section 16,
Township 2 South, Range 7 East of the Gila and Salt River Meridian, Maricopa
County, Arizona, being more particularly described as follows:

COMMENCING at a found 3 inch Town of Queen Creek brass cap flush accepted
as the Northeast Corer of said Section 16 from which a found 3 inch Maricopa
County Aluminum cap accepted as the North Quarter corner thereof bears

North 89°49'18" West, 2646.90 feet;

Thence North 89°49'18" West, 1135.14 feet along thé north line of said Northeast
Quarter fo the POINT OF BEGINNING;

Thence leaving said north line, South 00°10'47" West, 141.67 feet to the north line
of property as described in the Special Warranty Deed recorded as Document No.
2015-0524515 records of Maricopa County, Arizona;

Thence along said north line, North 89°49'11" West, 68.01 feet;
Thence leaving said north line, North 40°36'37" East, 12.35 feet:

Thence North 00°10'47" East, 132.26 feet to said north line of the Northeast
Quarter;

Thence along last said north line, South 89°49'18" East, 60,00 feet to the POINT
OF BEGINNING.

The above described parcel contains a computed area of 8,538 sq. ft. (0.1960
acres) more or less and being subject to any easements, restrictlons, rights-of-way
of record or otherwise.

The description shown hereon Is not to be used to violate any subdivision
regulation of the state, county and/or municipality or any land diviston restrictions.

Prepared by: HILGARTWILSON, LLC
2141 E, Highland Avenue, Suite 250
Phoenix, AZ 85016
Project No. 2274
Date: March 2022

U:\2200\2274\SURVEYIDOCSILEGAL\2274-ROAD ESMT & PUE-LEGAL.

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FCD Project: Rittenhouse Road Drain APN:304-66-008N ptn.
FCD Parcel No.: RR-20 FCD Permit No.:2021P251

Exhibit “A” — Easement continued

NORTH QUARTER CORNER
SECTION 16, T25, R7E
FOUND 3” MARICOPA COUNTY
ALUMINUM CAP, STAMPED
"T2S R7E 1/4 S9 S16

2002 1S31601" DOWN 1.0’

QUEEN CREEK
ROAD ALIGNMENT

N89°49'18"W 2646.90"

NORTHEAST CORNER
SECTION 16, 125, R7E
FOUND 3” TOWN OF QUEEN
CREEK BRASS CAP FLUSH
POINT OF COMMENCEMENT

1451.76"

$89°49'1B"E
60.00’

NOO"10°47"E 132.26’
$00°10°47"W 141.67"

N40°36'37"E
12.35’

1135.18 |,

POINT OF
BEGINNING

N89°49'11”"W 68.01’

SPECIAL WARRANTY DEED
2015-0524515, M.C.R.

HILGARTWILSON

PROJ.NO.: 2274 ACERO QUEEN CREEK
DATE: MAR_ 2022 _|ROADWAY AND PUBLIC UTILITY EASEMENT
SCALE: N.T.S QUEEN CREEK, ARIZONA
DRAWN BY: JK

lcHeckéo evikp EE OS I eT

2141 E. HIGHLAND AVE., STE. 250
PHOENIX, AZ 85016

2022, HILGARTWESON, (LC

FCD Project: Rittenhouse Road Drain
FCD Parcel No.: RR-20

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P: 602.490.0535 / F: 602.368.2436 __|
TENDER ET ASR WOOCSITONL 2Q74-TOOAD CGMT & PUE-COUBTI Ong S/S1/2022 254 PU

APN:304-66-008N ptn.
FCD Permit No.:2021P251