B1. A022-001 - NON-EXCLUSIVE UTILITY EASEMENT.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: Reems Road Channel and Basin
FCD Parcel No.: A022-001

APN: 501-41-005F ptn.

FCD Permit No.: 2021P301

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: MARICOPA COUNTY MUNICIPAL WATER CONSERVATION
DISTRICT NUMBER ONE a political subdivision of the State of
Arizona, and/or its successors and assigns
In accordance with GRANTOR’S Board of Directors Resolutions 88-5 and 2018R013, for
and in consideration of 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 (“Easement”) in, upon, over, under, across, through and along the premises
described in the attached Exhibit “A” (“Easement Property”) for the purpose of constructing,
operating, repairing and maintaining a piped siphon, and appurtenances thereto (collectively, the
“Facility”), in accordance with FCD Right-of-Way Use Permit No. 2021P301 (“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
have unrestricted access to the Easement Property for the purpose of operation and maintenance
of the flood control project known as the Reems Road Channel and Basin (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 property functioning as a flood control

project.

In the event the Facility and/or personal property belonging to the GRANTEE interferes
with GRANTOR’S use of the Easement Property or the land within the Easement Property is
needed to construct, maintain, or relocate any portion of GRANTOR’S Project, GRANTEE shall,
at GRANTOR’S request and GRANTEE’S sole expense, eliminate the interference within thirty
(30) days of notice from the GRANTOR. Actual construction to remove or relocate such
conflicting Facility, and/or personal property, or portion(s) thereof, shall begin within thirty
(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 the 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 (0) days after GRANTEE’S receipt 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 and in
a safe condition, including without limitation the removal of trash and debris from the Easement
Property. The rights granted to GRANTEE herein include the right 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.

Page 2 of 8
FCD Project: Reems Road Channel and Basin age “0 APN: 501-41-005F ptn.

FCD Parcel No.: A022-001 FCD Permit No.: 2021P301

After the installation of GRANTEE’S Facility in accordance with said FCD Permit, any
modification whatsoever to the Easement 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 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, it 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.

FCD Project: Reems Road Channel and Basin Page 3 of 8 APN: 501-41-005F ptn.
ECD Parcel No.: A022-001 FCD Permit No.: 2021P301

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

‘DocuSigned by:

Midvanl Fulton 3/23/2022

61D71DC47EBR48C..

Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:

[ Ae Saath. 3/23/2022
F0612B0D565D4CC.

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 Pule 3/23/2022
B2E0BD10DB524D1
District General Counsel Date

FCD Project: Reems Road Channel and Basin Page 4 of 8

APN: 501-41-005F ptn.

FCD Parcel No.: A022-001 FCD Permit No.: 2021P301

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 day of. 202__

Notary Public (signature)

FCD Project: Reems Road Channel and Basin Page 5 of 8 APN: 501-41-005F ptn.
FCD Parcel No.: A022-001 FCD Permit No.: 2021P301

GRANTEE ACCEPTANCE AND APPROVAL:

MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT
NUMBER ONE a political subdivision of the State of Arizona, and/or its successors and
assigns

s _

By.
Christine Cain, Property and Contracts Manager

ATTEST:

MQ ===

Glen Vortherms, Assistant Secretary

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this_/ 7&h day of Mm arch >
20.22 by Christine Cain its Property and Contracts Manager of Maricopa County Municipal

Water Conservation District Number One, a political subdivision of the State of Arizona, and/or

its successors and assigns.

My Commission Expires_/0 [19 [ Zs N Ahena MNYyL.a

Notary Public (signature)

TRENA MESSER
<\ Notary Public - Arizona

=) Maricopa Co. / #613280
Expires 40/19/2025

FCD Project: Reems Road Channel and Basin Page 6 of 8 APN: 501-41-005F ptn.
FCD Parcel No.: A022-001 FCD Permit No.: 2021P301

FCD Project: Reems Road Channel and Basin
FCD Parcel No.: A022-001

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

EXHIBIT “A”
VIRGIN FARMS
PEORIA AVENUE AND REEMS ROAD
MWD LATERAL 8
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

A PORTION OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 WEST
OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS;

COMMENGING AT THE NORTHEAST CORNER OF SAID SECTION 30;

THENCE, UPON THE EAST LINE OF SAID SECTION 30 SOUTH 01705'13" EAST, A DISTANCE
OF 53.01 FEET TO A LINE PARALLEL WITH AND 53,01 FEET SOUTH OF THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 30;

THENGE, UPON SAID PARALLEL LINE NORTH 90°00'00" WEST, A DISTANCE OF 65,01 FEET TO ALINE
PARALLEL TO AND 65,01 FEET WEST OF SAID EAST LINE AND THE POINT OF BEGINNING (POB);

THENCE, UPON SAID PARALLEL LINE, SOUTH 01'05'13" EAST, A DISTANCE OF 12.00 FEET TO A LINE
PARALLEL TO AND 65,00 FEET SOUTH OF SAID NORTH LINE OF SAID SECTION 30;

THENCE, UPON SAID PARALLEL LINE, NORTH 90°00'00" WEST, A DISTANCE OF 220,04 FEET TOA
LINE PARALLEL TO AND 285,00 FEET WEST OF SAID EAST LINE OF SAID SECTION 30;

THENCE, UPON SAID PARALLEL LINE, NORTH 01°05'13" WEST, A DISTANCE OF 12.00 FEET TOA
LINE PARALLEL TO AND §3,00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 30, AND BEING
SOUTH 88°32'06" EAST, A DISTANCE OF 2072.96 FEET FROM THE NORTH QUARTER CORNER OF
SAID SECTION 30;

THENCE, UPON SAID PARALLEL LINE, NORTH 90'00'00" EAST, A DISTANCE OF 220,04 FEET TO THE
POINT OF BEGINNING (POB),

CONTAINING AN AREA OF 2640.48 MORE OR LESS SQUARE FEET (0.06 MORE OR LESS ACRES).

+@cGea JOB NO: MWD -70 MARICOPA WATER DISTRICT EASEMENT
GEORGE CAIRO ENGINEERING, INC, SMAD RCN ANDREEMS ROAD

1630 S, STAPLEY DR,, SUITE 117] MARICOPA WATER DISTRICT
MESA, ARIZONA 85204 14825 WEST GRAND AVENUE FLOOD CONTROL DISTRICT OF

(480) 924 - 4080 SURPRISE, AZ 85374 MARICOPA COUNTY
www, gealroinc.com (623) 546 - 8266 LATERAL 8 4 OF 2!
Page 7 of 8

APN: 501-41-005F ptn.
FCD Permit No.: 2021P301

Attached to Non-exclusive Utility Easement

Exhibit “A” - continued

A PORTION OF THE NORTHEAST QUARTER OF SECTION 30, T3N, RIW, G&SRM
MARICOPA GOUNTY, ARIZONA \
N14 COR NE COR
SEC SEC 30
SEC 30 PEORIA AVENUE NOO‘COUN'W 2a66aRS }
_ _ = —
ol & POB - «
3] 3 be
usual ~Ee L2 sy 4
a - NTS
wpe dn. _ ‘A
ss L4 a
1 2540,484 50 FT
EX MWD j O,06L ACRES” 1 gg ng
12’ LATERAL 265.,00° :
@ BASEMENT | =
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LINE TABLE i | 3
LINE | BEARING | LENGTH| ; \
i | Soreave | sor | | !
te [Neoopcow | G50r | | g
C3 | SONOS TSE | 1200 | 220" FLOOD CONTROLOISTRIGT z!
an oooa hy |S 7 t ay Pe 20h o " 1 wo
= Sere ae OF MARICOPA COUNTY =
on 00 DOC # 2007-0429082, M.C.R. i
a ee 1 oe
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i
W 14 COR
SEG 30
LEGEND:
SECTION LINE
——- — NEW NWD EASEMENT
<= MWD 12 LATERAL @ ESMT
____. __.. FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY, DOC # 2007-0859323, MCR
— JOB NO: Mao ~70 MARICOPA WATER DISTRIGT EASEMENT
= ine. VIRGIN FARMS = PEORIA AVENUE
GEORGE CAIRO ENGINEERING, INC, GaIMIAD AND REEMS ROAD
1630 5, STAPLEY DR,, SUITE 117] MARICOPA WATER DISTRICT FLOOD CONTROL DISTRICT OF
MESA, ARIZONA 85204 14825 WEST GRAND AVENLIE
(480) 921 « 4080 SURPRISE, AZ #5374 MARICOPA COUNTY
yawn, gcalrainc,com {623} 546 = 8266 LATERAL [2 oF 2
Page 8 of 8
FCD Project: Reems Road Channel and Basin APN: 501-41-005F pin
FCD Permit 2021P301

FCD Parcel No.: A022-001