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When recorded, return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDC)
EXEMPT ARS § 11-1134, A2
mp es DRAINAGE EASEMENT P22-004
FCD Project: New River Channelization
FCD Parcel No.: R-2-FCD
APN: 102-59-007G ptn.
FCD Permit No.: 2019P172
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 GLENDALE, 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. 2019P172 (“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 (0) 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: 102-59-007G
FCD Project: New River Channelization FCD Permit No.: 2019P172
FCD Parcel No.: R-2-FCD
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.
Page 3 of 7
age APN: 102-59-007G
FCD Project: New River Channelization FCD Permit No.: 2019P172
FCD Parcel No.: R-2-FCD
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED:
Michael A. Fulton Date Bill Gates
Director 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 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:
Alex Smith Date
Director of Real Estate
Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
District General Counsel Date:
FCD Project: New River Channelization Page 4 of 7 APN: 102-59-007G
FCD Parcel No.: R-2-FCD FCD Permit No.: 2019P172
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED:
4/24] 20r( SIGNED IN COUNTERPART
Miéhael A. Fulton "Date Jack Sellers Date
Director Chairman of the Board
ATTEST:
SIGNED IN COUNTERPART
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 , known to me to be
the 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:
s1GNED IN COUNTERPART
Alex Smith Date
Director of Real Estate
Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
SIGNED IN COUNTERPART
District General Counsel Date
FCD Project: New River Channelization Page 4 of 7 APN: 102-59-007G
FCD Parcel No.: R-2-FCD FCD Permit No.: 2019P172
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED:
3iGNED IN COUNTERPART SIGNED IN COUNTERPART
Michael A. Fulton Date Jack Sellers Date
Director Chairman of the Board
ATTEST:
SIGNED IN COUNTERPART
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 , known to me to be
the 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)
AdsiKSHATE DEPARTMENT APPROVAL:
_ ne 9/28/2021
F0842B0D585D4CC.
Alex Smith Date
Director of Real Estate
Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
W,
District General Counsel Date: September 28, 2021
FCD Project: New River Channelization Page or7 APN: 102-59-007G
FCD Parcel No.: R-2-FCD FCD Permit No.: 2019P172
GRANTEE: CITY OF GLENDALE
ACCEPTANCE:
iain MOG | lag [ar
By: Kévin R. Phelps Date
Its: City Manager
ATTEST:
Ber Verto.
ié K. Bower ? Date
Seal)
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this Z Y day of ha Uar / >
2021, by Kevin R. Phelps, City Manager of the City of Glendale, Arizona and/or its successors and
assigns
My Commission Expires May 3), 20) [Pen ~
Notary Rublic ifnature)
SR DEANNE TORRES
(S) Notary Public - State of Arizona
E MARICOPA COUNTY
Commission # 563255
it Expires May 31, 2023
APPROVED AS TO FORM:
torney ate
Page 5 of 7 APN: 102-59-007G
FCD Project: New River Channelization FCD Permit No.: 2019P172
FCD Parcel No.: R-2-FCD
Exhibit “A” - Easement Property
Attached to Non-exclusive Drainage Easement
EXHIBIT A
DRAINAGE EASEMENT
THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE |
EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING A
PORTION OF THAT PROPERTY CONVEYED IN DEED #1998-0197400, MARICOPA COUNTY
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18, FROM WHICH THE
NORTH QUARTER CORNER OF SAID SECTION 18 BEARS $87°17'°20"W;
THENCE S87°1720"W, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A
DISTANCE OF 305,53 FEET;
THENCE $32°1S'11"W, A DISTANCE OF 158.63 FEET TO THE SOUTH LINE OF THE NORTH 130°
OF SAID NORTHEAST QUARTER, COINCIDENT WITH THE PHOENIX/GLENDALE CITY LIMITS;
THENCE N87°17'20"E, ALONG SAID SOUTH LINE, A DISTANCE OF 145.11 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PART;
THENCE CONTINUING N8?°17'20"E, A DISTANCE OF 59.56 FEET TO THE BEGINNING OF A
CURVE HAVING A RADIUS OF 2070.13 FEET, AND A CHORD THAT BEARS $31°06'S8"W;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY,
THROUGH A CENTRAL ANGLE OF 23°08'28", A DISTANCE OF 836.10 FEET:
THENCE N47°18'48"W, A DISTANCE OF 55,00 FEET TO THE BEGINNING OF A CURVE HAVING
A RADIUS OF 2015.13 FEET, AND A CHORD THAT BEARS N31°26'12"E;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY
AND BEING 55.00 FEET PERPENDICULAR TO THE WEST RIGHT-OF-WAY OF BALL PARK
BOULEVARD (BK 1020, PG 39, M.C.R.), THROUGH A CENTRAL ANGLE OF 22°29'59", A
DISTANCE OF 791.33 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,03 ACRES, +/-
PAGE 1 OF 2
Page 6 of 7
Exhibit “A” - Easement Property
Attached to Non-exclusive Drainage Easement
EXHIBIT A
NORTH LINE OF DRAINAGE EASEMENT N.E, CORNER
N.E. QUARTER SECTION 18
SECTION 18 T2N., RAEN
T.2N, RAE
' SRI, PIO" W le oe meme
Nw. S82. vee me al
pT { BETHANY HOME / OUTFALL CHANN'
F GLENDALE CITY OF GLENDALE
ORDINANCE #1288 1998-0197401, M.C.R.
NEXATION AR APN 102-59-011H
ANNEXATION AREA #108
GLENDALE
L3
sapi720"w PHOENIX
POINT OF
BEGINNING ; &
DRAINAGE Ad :
Ni EASEMENT oy | |
Ft
: oo
/ &
/ °o .
f ad .
~———
>
Parcel Line Table Iz
Line] Direction [Length] -&
Li | S$87°1720°W |305.53 |=
L2 | S32°15'11°W [158.63 :
L3 | N87°1720"E [145.11 |
L4 | N87°1720"E | $9.56 :
L5 | N47°18'48"W] 55,00 |
Curve Table |
/ / Curve [Length | Radius | Delta Chord Direction ,
/ :
, Ci | 836.10] 207013] 23°08'28" | $31° 06 SRW |
a, f C2 | 791,33] 2015.13] 22°29°59" | N31 26° 127E
/ Z PAGE 2 OF 2
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