D1. PARTIALLY SIGNED EASEMENT (FCD PERMIT #2003P082).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: East Maricopa Floodway
Reach 4

FCD Parcel No.: M-2165

APN: 304-51-013D ptn.

FCD Permit No.: 2003P082

This Non-Exclusive Utility Easement is entered into by and between the following parties as of
the last date executed below.

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, for and in
consideration of the sum of Five Thousand One Hundred Sixty-Eight DOLLARS ($5,168.00),
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
GRANTOR does hereby grant and convey to GRANTEE a Non-Exclusive Utility Easement
(“Easement”) in, upon, over, under, across, through and along the premises described in the
attached Exhibit “A” (“Easement Property”) for the purpose of constructing, installing, operating,
repairing and maintaining a sewer interceptor, and appurtenances thereto (collectively, the

“Facility’”), in accordance with FCD Right-of-Way Use Permit No. 2003P082 (“FCD Permit”).

Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural 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 1 of 8

This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
use and access the Easement Property for the purpose of operation and maintenance of the flood
control project. GRANTOR shall endeavor to use its best efforts to operate and maintain the flood
control 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 property functioning as a flood control project.

In the event the GRANTEE’S use of the Easement Property and/or personal property
belonging to the GRANTEE interferes with GRANTOR’S use of the Easement Property
GRANTEE shall, at GRANTOR’S request, and at GRANTEE’S sole expense, eliminate the
interference within (30) days of notice from the GRANTOR. In the event the land within the
Easement Property is needed to construct, maintain, or relocate any portion of GRANTOR’S flood
control project and/or structure, and upon written notification by GRANTOR, GRANTEE shall
coordinate the removal or relocation of the Facility (The Project) through GRANTOR’S right-of-
way use permit approval process. Actual construction to remove or relocate such conflicting
Facility, and/or personal property, or portion(s) thereof, shall begin within (30) days following
GRANTOR’S issuance of a right-of-way use permit for such removal/relocation. 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 relocation effort delays construction
of a GRANTOR project, and causes GRANTOR to be liable for delay damages, GRANTEE
shall reimburse GRANTOR for those damages attributable to the delay created by GRANTEE
within thirty (30) days after GRANTEE’S reccipt of the GRANTOR’S invoice for said delay.

The GRANTEE shall also, at its sole cost and expense, maintain the Easement Property,
and GRANTEE’S Facility located within the Easement Property, in a state of good repair. The
rights granted to GRANTEE herein include the right, but not the obligation, to cut back, trim and
remove vegetation now growing, or that may hereafter grow, on the Easement Property, or that
may extend over the Easement Property, 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

Page 2 of 8

FCD Project: East Maricopa Floodway Reach 4 APN: 304-51-013D ptn.
FCD Parcel No.: M-2165 FCD Permit No.: 2003P082

Property, 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 agrees to 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 third party 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 negligence, or actions that are purposeful or undertaken
without regard to the consequences, by the GRANTOR, it’s officers, employees, agents or

contractors.

In the event GRANTEE fails to install the Facility within the Easement Property, 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 Property for the purpose stated herein, and do not include the right to permit

and/or grant any other use of the Easement Property to another party.

This Easement shall run with the land and is binding on all parties.

Page 3 of 8

FCD Project: East Maricopa Floodway Reach 4 APN: 304-51-013D ptn.
FCD Parcel No.: M-2165 FCD Permit No.: 2003P082

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

‘DocuSigned by:

Midrorl Fulton 8/19/2022
61D71DC47EBB48C...
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:
[ AS— 8/19/2022
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:
[ ay Puke 8/19/2022
B2E0BD10DB52401...
District General Counsel Date
Page 4 of 8
FCD Project: East Maricopa Floodway Reach 4 APN: 304-51-013D ptn.

FCD Parcel No.: M-2165 FCD Permit No.: 2003P082

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: East Maricopa Floodway Reach 4
FCD Parcel No.: M-2165

day of. 20,

Notary Public (signature)

Page 5 of 8

APN: 304-51-013D ptn.
FCD Permit No.: 2003P082

GRANTEE ACCEPTANCE:

CITY OF MESA, an Arizona municipal corporation, and/or its successors and assigns

fh

: |

ny H

M mth 4 s| Wve
Deputy Se Manager oo Date

Printed Name: er sane

ATTEST:
feel tore Lo, 8-11-27
City Clérk # Date

Printed Name: Holly Moseley

APPROVED AS TO FORM:

Kir Atjénfey’ COoputw) " Date

Printed Name: Aelly Lohtt hemove

Page 6 of 8

FCD Project: East Maricopa Floodway Reach 4
FCD Parcel No.: M-2165

APN: 304-51-013D ptn.
FCD Permit No.: 2003P082

Exhibit “A” - Easement Property
Attached to Utility Easement

teh

Ente

Tel SUERTE

aan meena LEGAL DESCRIPTION
FOR
PARGEL # 304-51-013 D
MARICOPA COUNTY FLOOD CONTROL DISTRICT
SANITARY SEWER LINE EASEMENT

That portion of a parcel of fand as described per deed # 16110-0683 records of MARICOPA
COUNTY, ARIZONA located in the SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 2
SOUTH, RANGE G EAST of the Gila and Salt River Base and Meridian, Maricopa County, Arizona

being more particularly described as follows:

Commencing at (he SOUTHWEST CORNER of said SECTION 2, monumented with a brass cap in
hand hole, from which the SOUTH QUARTER of said SECTION 2 bears NORTH 89° 54' 35° EAST
(measured), NORTH 89° 58’ 40" EAST (recerd) a distance of 2634.44 FEET;

THENCE, NORTH 89° 54° 35" EAST (measured), along the Southwest Section line of said
SECTION 2, a distance of 2292.02 FEET to a point;

THENCE, NORTH 00" 05’ 25" WEST, departing said section line, a distance of 70.59 FEET to a
paint on the Southeasterly Right-Of-Way of the Raasevelt Water Conservation District Main Canal
and also being the TRUE POINT OF BEGINNING;

THENGE, NORTH 62° 16° 39" EAST (measured), along said Right-Of-Way line a distance of 143.93
FEET to a point;

THENCE, SOUTH 27° 43’ 21° EAST, perpendicular to said Right-Of-Way fine, a distance of 40.00
FEET toa point;

THENCE, SOUTH 62° 16° 39° WEST, along a tine parallel to and 49.09 FEET Southeast of said
Right-Of-Way line, a distance of 43.86 PEET,

THENCE, SOUTH 84° 03' 48" WEST, parallel with and 20.00 FEET South of the proposed 66"
sewer centerline, a distance of 107.78 FEET to tha TRUE POINT OF BEGINNING;

Containing an area of 3,755.70 SQUARE FEET or 6.0852 ACRES, more or tess.

See Exhibit *A-1"

2812004 PAGE 10F t JOB # 615.020

Page 7 of 8

APN: 304-51-013D ptn.

FCD Project: East Maricopa Floodway Reach 4
FCD Permit No.: 2003P082

FCD Parcel No.: M-2165

Exhibit “A” continued
Attached to Utility Easement

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Page 8 of 8

APN: 304-51-013D ptn.
FCD Permit No.: 2003P082

FCD Project: East Maricopa Floodway Reach 4

FCD Parcel No.: M-2165