B. F00441 - EASEMENT FOR FLOOD CONTROL PURPOSES.PDF

When recorded, return to:
Maricopa County
Real Estate Department [JR]

Exempt ARS § 11-1134, A2

Resolution: Resolution FCD 2011R009A

EASEMENT FOR FLOOD CONTROL PURPOSES

PCN: 201.01.31
Project: White Tanks FRS #4 Outlet Channel
Item: F00441

This easement for flood control purposes is entered into as of the last date executed below by and
between the following parties.

GRANTOR: ROOSEVELT IRRIGATION DISTRICT, an Arizona
municipal corporation

GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona, its agents, contractors, successors, and assigns

FOR AND IN CONSIDERATION of the sum of TEN DOLLARS and no/100 Dollars

($10.00), and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTOR does hereby grant and convey to the GRANTEE, a non-exclusive
easement ("Easement") on, over, under, across, and through the real property described in Exhibit
“A”, and depicted on Exhibit “B”, which are both attached hereto and made a part hereof
(collectively “Easement Area”), for the purpose of construction, installation, reconstruction,
operation, repair, replacement, maintenance, and/or removal of a storm drain, and appurtenances
thereto (“Facility”), together with: (1) the right of unrestricted ingress and egress to, from, across,
and along the Easement Area; and (2) the right, but not the obligation, to cut back and trim such
portions of trees and vegetation that obstruct or interfere with the efficient access to, and/or

maintenance and operation of, the Facility.

GRANTOR shall not construct, or permit the construction of, any permanent structures in
the Easement Area, nor plant any trees or deep-rooted vegetation, within the Easement Area.

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PCN: 201.01.31
Project: White Tanks FRS #4 Outlet Channel
Item: F00441

GRANTOR may, without notice to Grantee, trim any vegetation in the Easement Area
which impedes Grantor’s use of or access to its facilities within the Easement Area.

GRANTEE shall review and permit, in accordance with GRANTEE’S Right of Way Use
Permit process, any proposed modifications, new construction, and/or other activities undertaken
or authorized by GRANTOR within the Easement Area, prior to any work, to ensure the Facility’s
intended use, functionality, and GRANTEE’S ability to operate and maintain its Facility, are not
adversely impacted or diminished. If any GRANTOR use, or GRANTOR-authorized use, of the
Easement Area causes interference with GRANTEE’S Facility, then the GRANTOR and/or the
user shall, at its/their sole cost and expense, eliminate such interference.

The GRANTEE shall, at its sole cost and expense, maintain the flood control Facility and
Easement Area in a state of good repair and in a safe condition. GRANTEE shall also use its best
efforts to operate and maintain the flood control Facility in a manner which will not unreasonably
interfere with the GRANTOR’S rights reserved within this Easement.

In the event GRANTEE removes the Facility, or in the event the Easement ceases to be
used for the purposes it was granted, 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 is
no longer being used for the purpose it was granted or has been abandoned. In such event,
GRANTEE shall respond to GRANTOR within 30 days as to whether the Easement Property is
still being used for flood control purposes or has been abandoned. If the Easement is no longer
needed by GRANTEE, GRANTOR and GRANTEE shall execute a termination of this Easement
which GRANTOR shall record in the public records of Maricopa County. Unless and until such
termination is recorded, this Easement shall remain in full force and effect.

GRANTEE shall indemnify GRANTOR, for any and all damages caused by or arising
from the proximate result of the activities of the GRANTEE, and/or its officers, employees, agents
and contractors, in the exercise of GRANTEE’S rights pursuant to the terms of this Easement,
except such injury or damage caused by or arising from the negligence or willfulness of the
GRANTOR.

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PCN: 201.01.31
Project: White Tanks FRS #4 Outlet Channel
Item: F00441

In the event of condemnation by any duly constituted authority for a public or quasi-public
use of all or any part of the Easement Property, that portion of the award attributable to the value
of the land within the area covered by the Easement and so taken shall be payable to Grantor and

no claim thereon shall be made by Grantee.

In the event of any action to enforce the provisions of this Easement, the prevailing party
shall be entitled to receive its costs and reasonable attorneys’ fees. This Easement shall be
construed in accordance with the laws of the State of Arizona. The rule of strict construction shall
not apply to this Easement. This Easement shall be given a reasonable construction so that the

intention of the parties to confer a usable right of enjoyment upon the Grantee is implemented.
This Agreement may be executed in one or more counterparts, all of which, taken together,
shall constitute one and the same instrument. The Parties authorize each other to attach all such

signature pages to a single document so that the signatures of all parties will be physically attached

to the same document for recording.

[SIGNATURE PAGES TO FOLLOW]

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IN WITNESS WHEREOF, an authorized representative of ROOSEVELT IRRIGATION
DISTRICT, has executed this Easement for Flood Control Purposes at Phoenix, Arizona on the
aforesaid date.

ROOSEVELT IRRIGATION DISTRICT, an Arizona
municipal corporation

By:-ty) pyree Ahrlon
Its: Dies

STATE OF ARIZONA _ )
)ss
County of Maricopa )

Sa
The foregoing instrument was acknowledged before me this 3 day of Lebc va( 42022,
by W.Btuce Heideus the R Sesiden of the ROOSEVELT IRRIGATION

DISTRICT, an Arizona municipal corporation.

q
Notary Public \

ANNA M. CRAIG
4 NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
COMMISSION # 573210
MY COMMISSION EXPIRES
NOVEMBER 06, 2023

My Commission Expires:

\verera te L* 3023

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DocuSign Envelope ID: C5F88930-E84C-4AC4-B924-OF BF10724C10

RECOMMENDED FOR APPROVAL: ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DocuSigned by:
Midal Fulton 2/25/2022
61D71DC47EBB48C.. B
Michael Fulton, Director Date Bill Gates, Chairman of the Board
DocuSigned by:
[=< a 2/25/2022 ATTEST:
F0612BOD565D4CC,

Alex Smith Date
Director, Real Estate Department

Clerk of the Board

Date:

Approved as to form and within the powers and
authority granted to the Board of Directors,
DocuSigned by:

Wayne Pde 2/25/2022

'B2E0BD10DB524D1...
General Counsel Date

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EXHIBIT “A”
F00441

EXHIBIT 'A'
DESCRIPTION
EASEMENT NO. 8

A STRIP OF LAND 18,60 FEET WIDE BEING A PART OF THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 2 WEST OF THE
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, THE
CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 3,
FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 3 BEARS SOUTH
69°40'51" EAST A DISTANCE OF 2646.25 FEET; THENCE SOUTH 89°40'51"
EAST, ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF 153.43
FEET TO A POINT ALONG THE NORTH RIGHT-OF-WAY LINE OF THE
ROOSEVELT IRRIGATION CANAL; THENCE NORTH 64°20'04" EAST, ALONG
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 245,27 FEET TO THE
POINT OF BEGINNING;

THENCE SOUTH 27°56'20" EAST, DEPARTING SAIO NORTH RIGHT-OF-WAY
LINE, A DISTANCE OF 80.08 FEET TO A POINT ALONG THE SOUTH
RIGHT-OF-WAY LINE OF THE ROOSEVELT IRRIGATION CANAL, MARKING
THE POINT OF TERMINUS,

THE SIDELINES OF SAID 18,00 FOOT WIDE STRIP OF LAND ARE TO BE
PARALLEL AND 9,00 FEET ON EACH SIDE FROM THE SAID CENTERLINE,
AND ARE ALSO TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE

POINTS, AND TO BEGIN AND TERMINATE AT THE RESPECTIVE SECTION
AND QUARTER SECTION LINES AS DESCRIBED.

On behalf of Olsson,

THIS EASEMENT IS ASSOCIATED WITH DESIGN
CONTRACT FCD NO. 2010 C029
CONSTRUCTION CONTRACT FCO NO. 2018 ca02

William 0. Ziegler

S250 Noy Hh Brees Guta z0 Registered Land Surveyor
Phroaree, AZ Hb Ne Arizona Registration Number: 64347
TEL 02,725 1000 Expires 6/30/2023

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EXHIBIT “B”
F00441

EXHIBIT 'B'
DEPICTION OF EXHIBIT ‘A'
EASEMENT NO. 8

POINT OF BEGINNING

DESCRIBED
CENTERLINE

4 125 VAN BUREN STREET te
' RoW {VARIABLE WIDTH) pee
| CITY OF son a.
__ |eooovear wee 48° (TYPICAL)
SOUTH LINE, SW 1!, 8EC.3 wee ah! CITY OF
| - 153,43! wall 182.62' yi 7 GOODYEAR

S89°40'51"E 2646.25" L POINT OF

58 ROW,

POINT OF (BASIS OF BEARINGS) ___" TERMINUS _

ERA RTE NORTH LINE, NE 14, 5c, 107
COMMENCEMENT " SOUTHEAST CORNER, SECTION 3

SOUTH 1/4 CORNER NORTHEAST CORNER, SECTION 10
SECTION 3 ran FOUND 3" BRASS CAP, NO STAMPING
NORTH 1/4 CORNER St K fl
SECTION 10 eh RY, 1
_ FOUND 3" BRASS CAP !
NO STAMPING

This map does not On bahalf of Olsson,
represent a monumented

land survey. itis only a
graphic depiction of the
accompanying description. Ww

THIS EASEMENT IS ASSOCIATED WITH DESIGN

CONTRACT FCD NO, 2010 C029 ; : .

CONSTRUCTION CONTRACT FCD NO. 2074 Cooz (4) 50" 100
SCALE: 1°=100" william D. Ziegler

4
Registered Land Surveyor
JZ9D Novy 10h Street, Euta 2°0 Arizona Registrabon Number. 64347
Phone, Az asGURN2N2 Expires 6/30/2023
TEL 027451000

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