A1. NON-EXCLUSIVE DRAINAGE EASEMENT.PDF
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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 DRAINAGE EASEMENT
FCD Project: Loop 303 Drainage Improvements
FCD Parcel Nos.: FA034-014, 016-1 and 016-2
Burdened Property APNs: 502-43-027E, 025P,
and 023N ptns.
FCD Permit No.; 2020P123
This Non-Exclusive Drainage 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: EL CIDRO HOMEOWNERS ASSOCIATION, an Arizona non-profit
corporation, and/or its successors and assigns
In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for the sum of One Thousand Eight Hundred DOLLARS and no/100 ($1,800.00), and
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
GRANTOR does hereby grant and convey to GRANTEE a non-exclusive drainage easement in,
upon, over, under, across, through and along a portion of the premises set forth in instrument
number 20140078599 in the official records of Maricopa County (“Burdened Property”). The
granted easement, described on the attached Exhibit “A”, “B”, and “C” (“Easement”), is for the
purpose of constructing, operating, repairing and maintaining a drainage structure, and
appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use
Permit No. 2020P123 (“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 1 of 12
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 Loop 303 Drainage Improvements (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 GRANTEBP’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: Loop 303 Drainage Improvements Page 2 of 12 APNs: 502-43-027E, 502-43-025P, and
FCD Parcel Nos.: FA034-014, FA034-016-1, and 502-43-023N ptns.
FA034-016-2 FCD Permit No.: 2020P 123
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: Loop 303 Drainage Improvements Page 3 of 12 APNs: 502-43-027E, 502-43-025P, and
FCD Parcel Nos.: FA034-014, FA034-016-1, 502-43-023N ptns.
and FA034-016-2 FCD Permit No.: 2020P123
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL:
‘DocuSigned by:
Midval Fulton 5/17/2022
61D7 IDCA7EBRARC,
Michael A. Fulton Date
Director
REAL ESTATE DEPARTMENT APPROVAL:
DocuSigned by:
(4S _ 5/16/2022
FO612B0D585D4CC.,.
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.
cm by:
Wana Puk 5/16/2022
‘B2E0BDIODBS2401...
District General Counsel Date
FCD Project: Loop 303 Drainage Improvements Page 4 of 12 APNs: 502-43-027E, 502-43-025P, and
FCD Parcel Nos.; FA034-014, FA034-016-1, 502-43-023N pins.
and FA034-016-2 FCD Permit No.: 2020P 123
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: Loop 303 Drainage Improvements
FCD Parcel Nos.: FA034-014, FA034-016-1,
and FA034-016-2
day of. » 202 _.
Notary Public (signature)
APNs: 502-43-027E, 502-43-025P, and
502-43-023N pins.
FCD Permit No.: 2020P 123
GRANTEE ACCEPTANCE AND APPROVAL:
EL CIDRO HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, and/or its
successors and assigns
Gene Strojek, Vice Président Date
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this [Z day of _{Via4A ;
2048, by Gene Strojek its Vice President of El Cidro Homeowners Association, an Arizona
non-profit corporation, and/or its successors and assigns on behalf of the company being duly
authorized to execute the foregoing instrument for the purposes therein contained.
My Commission Expires December 3! ,20g2 Qata bnolneuvkr
Notary Public (signature)
SARA ANDREWS
Notary Publte - Arizona
Maricopa County
Commission # 558898
My Con, Expires Dec 31, 2022
FCD Project: Loop 303 Drainage Improvements Page 6 of 12 APNs: 502-43-027E, 502-43-025P, and
FCD Parcel Nos.: FA034-014, FA034-016-1, 502-43-023N ptns.
and FA034-016-2 FCD Permit No.: 2020P123
Exhibit “A” - Easement
Attached to Non-exclusive Drainage Easement
May 1, 2020
LEGAL DESCRIPTION FOR
EL CIDRO
PHASE 1-B DRAINAGE EASEMENT A
That put of the Southwest Quarter of Section 23, Township 1 North, Range 2 West of the Gila
and Salt River Meridian, Marleopa County, Arizona, more particularly described as follows:
Commencing at the Maricopa County Depuriment of Transportation Brass Cap in pothole
marking the Southwest Corer of sald Section 23, from which the City of Goodyear Brass Cap
in hand hole marking the South Quarter Corner of sald Section 23 bears South $9°37'52" Hast, a
distance of 2,650.03 Feet;
Thence South 89°37'52" Past, slong the South line of the Southwest Quarter of said Section 23,
a distance of 694,70 feet,
Thenee Narth 06°22'08" Hast, o distance of 54,1) feet to a point an the Southeasterly line of that
certain parcel of lund desesibed in Document Nu. 2006-1639587, Records of Maricopa County,
Arizona, said point being on a 1,615.00 foot radins noa-tangent curve, whose conter bears North
00°22'08" East;
Thence along sald Southeasterly line the following courses
Thence Northeasterly, slong said curve, through a centeal angle of 48°57'38", a distance of
1,350.06 feet,
Thence North 41°24'30" Eust, a distance of 190.62 feet to the True Point of Beginning;
Thence continuing North 41°2430" Rast, a distance of 20.00 feet;
Thence South 48°35'27" East, departing said Southeasterly line, a distance of 11,71 fect;
Thence South 41°24'33" West, a distance of 20.1) Ret;
Thenee North 48°35'27" West, a distance of 101.71 feet to the Trae Paint of Beginning.
Containing 2,034 Square Peet or 0.047 Acres, more or less.
NAOS0050\A DMINIG-LG-FCD 1 dnex Page | of L
4890 8 42th Street | Phoantx AZ S044 | 02,264.68 | (F} 602.264.0028 CVL
COMSGLTARES
, . Page 7 of 12
FCD Project: Loop 303 Drainage Improvements APNs: 502-43-027E, 502-43-025P, and 502-43-023N ptns.
FCD Parcel Nos.: FA034-014, FA034-016-1, and FCD Permit No.: 2020P123
FA034-016-2
FCD Project: Loop 303 Drainage Improvements
Exhibit “A” - continued
Attached to Non-exclusive Drainage Easement
CURVE TABLE
No. | LENGTH | RADIUS | DELTA | TANGENT | CHORD | CHORD-BEARING
c1 | 1380.06" | 1615.00° | o48'57'38" | 735.33" | 1338.45" N65'53'19"E
TRUE POINT OF BEGINNING
POINT OF COMMENCEMENT
SOUTHWEST CORNER, SECTION 23
TOWNSHIP 1 NORTH, RANGE 2 WEST
APN 502-43-023H
DOCUMENT NO.
2006-1639587
cH
-
wed
694.70' 1985.34"
$89°37'52"E 2650.03' Wa
SOUTH 1/4 CORNER, SECTION 23
TOWNSHIP 1 NORTH, RANGE 2 WEST
LINE TABLE
NO.| BEARING | LENGTH
L1 | Noo'22'08"E | $5.00'
L2 | N41°24'30"E | 190,62"
\ U3 |N41°24'30"E | 20.00"
hl L4 | $48°35'27"E | 101.71
LS | 841°24°33"W | 20.00"
{ Le | N4a°35'27"w | 101.71"
SCALET= 100 EL CIDRO iC V L
EXHIBIT
a CONSULTANTS
4860 North 42th Straet =
Proamx, Anzona 85044 of .| pe rer epee
toes, Arizona 8804 PHASE 1-B DRAINAGE expats 60 Sa
Aitpawwav.culel.com EASEMENT A 1 oF 1
PRgS0oSdMandEXHIBITSIVADEA.dag Tom® May 4, 2020
Page 8 of 12
FCD Parcel Nos.: FA034-014, FA034-016-1, FCD Permit No.:2020P 123
and FA034-016-2
APNs: 502-43-027E, 502-43-025P, and 502-43-023N ptns.
Exhibit “B” - Easement
Attached to Non-exclusive Drainage Easement
May 1, 2020
LEGAL DESCRIPTION FOR
EL CIDRO
PHASE I-B DRAINAGE EASEMENT B
That port of the Southeust Quarter of Section 23, Township } North, Runge 2 West of the Gila
and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows:
Commencing at the Marleops County Highway Department Brass Cap in hand kole marking the
East Quarter Comer of sald Section 23, from which the Aluminum Cap stamped LS#36562
marking the Center of sald Section 23 bears North 89°43'14" West, a distance of 2,647.31 feet;
‘Thence North 89°43'14" West, along the North line of the Southeast Quarter of gaid Section 23,
u distatice of 1,703,26 feel to a polnt on the Hasterly line of that certain parcel of land described
in Document No, 2013-0003369, Records of Maricopa County, Arizona;
Thence along said Easterly tine the following courses:
‘Thence South 36°30 14" West, a distance of 80.57 fect;
‘Thence South 36°32°25" West, u distance of 166.73 feet;
Thence South 63°17'54" West, a distance of $5.56 feet to the True Point of Beginning;
Thence South §3°13'36" Kast, departing said Easterly ling, a distance of 87,64 feet;
Thence South 36°46'24" West, a distance of 20.00 feet,
‘Thence North §3°1396" West, n distance of 89.89 fect to a point on said Easterly fine;
Thence North 36°43'5 1" Bust, along suid Easterly line, a distance of 15.46 feet; ‘
“Thence North 63°1754" Fast, along suid Easterly fine, a distance of 3.08 fect to the True Point
of Beglnning.
Containing 1,793 Square Feet or 0.041 Actes, more or less.
RICHARD G.
ALGOCER ty
NA0S0050\A DMINVG-LG-FCD2.doos Page bof t
4880 6 42th Straal | Phoenix AZ 85014 | 602.264.6831 | (F] 602.204.0928 CVL
EOMAULIANTE
Page 9 of 12
FCD Project: Loop 303 Drainage Improvements APNs: 502-43-027E, 502-43-025P, and 502-43-023N pins.
FCD Parcel Nos.: FA034-014, FA034-016-1, FCD Permit No.:2020P123
and FA034-016-2
Exhibit “B” - continued
Attached to Non-exclusive Drainage Easement
CENTER, SECTION 23 POINT OF COMMENCEMENT
TOWNSHIP 1 NORTH EAST 1 CORNER, SECTION 23
RANGE 2 WEST TOWNSHIP 1 NORTH, RANGE 2 WEST
Nagas 2847.3t
944,05" 1703.26"
APN 502-43.025N
DOCUMENT NO.
2013-0003369
TRUE POINT OF
BEGINNING
|
]
LINE TABLE
NO. | BEARING | LENGTH
Li | saeso'14"w |) 80.57"
L2 | $36'32'26"W | 166.73'
LS | $63°17'54"w } 55.56!
L4 | $5313'36"E | 87.64
LS | $36'46'24"W | 20.00"
33885
RSCHARD G.
ALGOCER
L6 | N5313'36"W | 89.89"
L7 | N36°43°51"E | 15.46"
LB | NG3'17'54"E | 5.08"
SCALE 1" = 100!
EXON EL CIDRO
4580 Nowth 12th Street d CVL
Phoonk, Avizona ant4 PHASE 1-B DRAINAGE
hilpdiwerw.cvtel.cam EASEMENT B 1 oF 1
NAQGQOSCLANMEXHIBITSIVX.DE.G.deg Tomo May 7, 2020
Page 10 of 12
FCD Project: Loop 303 Drainage Improvements APNs: 502-43-027E, 502-43-025P, and 502-43-023N ptns.
FCD Parcel Nos.: FA034-014, FA034-016-1, FCD Permit No.:2020P123
and FA034-016-2
Exhibit “C” - Easement
Attached to Non-exclusive Drainage Easement
May t, 2020
LEGAL DESCRIPTION FOR
EL CIDRO
PHASE 1-B DRAINAGE EASEMENT C
That part of the Northeast Quarter of Section 23, Township | North, Range 2 West of the Gila
and Salt River Meridian, Maricupa County, Arizona, more particularly described as follows:
Commencing at the Maricopa County Highway Department Brass Cap in hand hole marking the
Enst Quarter Comer of said Section 23, from whieh the Aluminum Cup stamped £8#36562
marking the Center of said Section 23 beara North $9°43'14° West, a distance of 2,647.31 feet;
‘Thence Norlh 89°49'14" West, along the North Hne of the Southeast Quarter of said Section 23,
a distance of 1,504.86 fect to a point on the Easterly Hing of that cerlain parcel af land as described
In Document No. 2610-0472446, Records of Maricopa County, Arizona;
Thence North 37°54'0G" Kast, along said Pasterly ling, a distance of 112,83 feet to the True Point
of Beginning;
‘Thence North 53°00°24" West, departing said Hasterly line, a distance of 97,71 feet;
Thence North 36°59'36" East, a distance of 20.00 feat,
Thence South $3°OO'24" East, a distance of 98.63 feet to a point on said Easterly line;
‘Thence South 37°54'G6" West, slong said Ensterly fine, a distance of 20.00 feet to the True Paint
of Beginning.
Contuinlng 1,957 Square Feet or 0.045 Acres, more or less.
NAOS0O50.,ADMINIG-LG-FCDI dex Page Loft
4550 N 12th Streat | Phoentx AZ 85044 | 602.264.8031 | (F) 002.284.0028 é CVL
CONS ULTARTS
Page 11 of 12
FCD Project: Loop 303 Drainage Improvements APNs: 502-43-027E, 502-43-025P, and 502-43-023N pins.
FCD Parcel Nos.: FA034-014, FA034-016-1, FCD Permit No,:2020P 123
and FA034-016-2
Exhibit “C” - continued
Attached to Non-exclusive Drainage Easement
CENTER, SECTION 23
TOWNSHIP 1 NORTH
RANGE 2 WEST APN 602-42-027E
DOCUMENT NO.
2010-1472446
1804.86"
1142.45" a
TRUE POINT OF BEGINNING
NBO4S 14H 2647.51
POINT OF COMMENCEMENT
EAST 1/4 CORNER, SECTION 23
TOWNSHIP 1 NORTH, RANGE 2 WEST
‘
ii
UNE TABLE
NO. BEARING LENGTH
Li | N37°54‘06"E | 112.83"
L2 | NSa,00'24"W 9771
L3 | N36°59'36"E 20.00"
L4 | $53°00'24"E 98.03'
L5 | 537°54'0e"w | 20,00’
SCALE 1"= 100° _
ERT EL CIDRO a CVL
Sere Ne CEMENT. tec
NASSODSVaMEXHIBITSWXDE.Cdwg TomD May 1, 2020
Page 12 of 12
FCD Project: Loop 303 Drainage Improvements
FCD Parcel Nos.: FA034-014, FA034-016-1,
and FA034-016-2
FCD Permit No.:2020P 123
APNs: 502-43-027E, 502-43-025P, and 502-43-023N ptns.