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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 DRAINAGE EASEMENT FCD Project: New River Channelization FCD Parcel No.: R-037 APN: 142-61-010J ptn. FCD Permit No.: 2020P192 This Drainage 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 PEORIA, an Arizona municipal corporation, and/or its successors and assigns In accordance with GRANTOR’S Board of Director 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 Drainage 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 Drainage Facility, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2020P192 (“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 7 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 Facility, use of the Easement Property 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 flood control project and/or structure, 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 a 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 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. 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 Page 2 of 7 APN: 142-61-010J ptn. FCD Project: New River Channelization FCD Permit No.: 2020P192 FCD Parcel No.: R-037 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. 3 Page 3 of 7 APN: 142-61-010J ptn. FCD Project: New River Channelization FCD Permit No.: 2020P192 FCD Parcel No.: R-037 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: ‘DocuSigned by: Midcal Fultow 3/1/2022 '61D71DC47EBB48C... Michael A. Fulton Date 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 Chairman of the Board of Directors of the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of 20. Notary Public (signature) REAL ESTATE DEPARTMENT APPROVAL: ‘DocuSigned by: SS... 2/28/2022 F0612B0D565D4CC. Alex Smith Date Director 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: (h, Put 2/28/2022 (Wat ane District General Counsel Date GRANTEE: CITY OF PEORIA Page 4 of 7 epee APN: 142-61-010J ptn. FCD Project: New River Channelization FCD Permit No.: 2020P192 FCD Parcel No.: R-037 GRANTEE: CITY OF PEORIA ACCEPTANCE: gti Ge By: Jeff Tyne i Date Its: City Manager ATTEST: Lori Dyckman Acting City Clerk (Seal) STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) we The foregoing instrument was acknowledged before me this 8 day of _f€bru an, 2022, by Jeff Tyne, City Manager of the City of Peoria, an Arizona Municipal Corporation and/or its successors and assigns My Commission Expires ¢/ 9.7 laoas Cymanwe | a Notary Public (signature) Sim, MARIARIVERA Commission # 608999 Expires June 27, 2025 | APPROVED AS TO FORM: epeetineene Zs "4 ssa P, HickrMan, City Attorne LY anf FCD Project: New River Channelization FCD Parcel No.: R-037 Page 5 age 5 off APN: 142-61-010J ptn. FCD Permit No.: 2020P192 Exhibit “A” - Easement Property Attached to Non-exclusive Drainage Easement LEGAL DESCRIPTION DRAINAGE EASEMENT: APN 142-61-0103 DRAINAGE EASEMENT: A portion of that Parcel recorded in instrument 1989-0288558, records of Maricopa County, being In the Northeast quarter of Section 32, Township 3 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the Northeast corner of said Section 32 from which the North quarter corner of said Section 32 bears South 89 Degrees 39 Minutes 28 Seconds West (basis of bearing) a distance of 2643.17 feet; . Thence South 89 Degrees 39 Minutes 28 Seconds West along the North line of said Northeast quarter a distance of 970,22 feet; Thence South 00 Degrees 20 Minutes 32 Seconds East a distance of 883.41 feet to the Northwest corner of said Parcel; Thence South 17 Degrees 11 Minutes 09 Seconds West along the West line of said Parcel a distance of 364.52 feat to the POINT OF BEGINNING; Thence South 67 Degrees 26 Minutes 12 Seconds East a distance of 17.35 feet; Thence South 22 Degrees 33 Minutes 48 Seconds West a distance of 28.66 feet; Thence North 67 Degrees 26 Minutes 12 Seconds West a distance of 14.65 feet to a point on said West line; Thence North 17 Degrees 11 Minutes 09 Seconds East along said West line a distance of 28.76 feet to the POINT OF BEGINNING. The above described parcel cantains 459 sq, ft. more or less. TARANOWSKI EXP 06/30/17 Page 6 of 7 FCD Project: New River Channelization APN: 142-61-010J ptn. FCD Parcel No.: R-037 FCD Permit No.: 2020P192 Exhibit “A” - continued Attached to Non-exclusive Drainage Easement DE Exhibit <.%,S89°38'28"" (bosia of bearing) OLIVE AVE, peasy. APG rr = 970.22 & PORTION OF LANO | a aoe LOCATED IN THE -800°20'52"E NE } OF SEC 32, -NI/4 CORNER caine P.0.6.———— T3N, RIE, Gasmna SEC. 32 T.3N., K.TE. f NE COR BRASS CAP =/ SEG. 39 IN HANDHOLE = \, TaN. RAE. BRASS CAP IND HANDHOLE 5a1a1 STEVEN A. E TARABOWSEL | ue . a NOTE: THIS EXHIBIT WAS PREPARED SOLELY AS A REFERENCE FOR THE LEGAL DESCRIPTION 1G WHICH IT 18 ATTACHED. IT [5 MOT MEANT TO BE A STANDALONE DOCUMENT NOR THE RESULT OF A FIELD SURVEY. [ 19s ANE APN: (42-61-0100 CITY OF PEORIA LEGEND _ DRAWN BY: BT DATE: 6/217 LL. ; CHECKED BY: 86 [SHEET 1 ord DE. TO BE ACQUIRED WAL PAA ENGINEERING INE AREA = 459 SQ.F I. + 5320 N, 16TH ST. STE. 160 | _ 6 PHOENIX, ARLZOMA a5016 AVE PHONE (G02) 266,7200 Page 7 of 7 FCD Project: New River Channelization APN: 142-61-010J ptn. FCD Parcel No.: R-037 FCD Permit No.: 2020P192