B1. 200.01.12_FA032-05_OG-UE.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 l 999R0 16 
NON-EXCLUSIVE UTILITY EASEMENT 
FCD Project: White Tanks 03 Outlet Channel 
FCD Parcel Nos.: FA032-05 and FA032-07 
APN: 502-29-351 ptn. 
FCD Permit No.: FRU2400134 (2024Pl38) 
This Non-Exclusive Utility Easement is entered into by and between the following paiiies 
GRANTOR: 
GRANTEE: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a 
political subdivision of the State of Arizona 
ARIZONA WATER COMPANY, an Arizona Corporation, and/or its 
successors and assigns 
In accordance with GRANTOR'S Board of Directors Resolution 20 l 8R0 13 dated October 
24, 2018, for the sum of Seventeen Thousand Four Hundred Sixty-Six Dollars and no/100 
($17,466.00), and other valuable consideration, the receipt and sufficiency of which are hereby 
acknowledged, GRANTOR does hereby grant and convey to GRANTEE a non-exclusive utility 
easement in, upon, over, under, across, through and along a portion of the premises set fotih in 
instrument number 20120228233, recorded March 20, 2012 in the official records of Maricopa 
County ("Burdened Prope1iy"). The granted easement, described on the attached Exhibit "A" 
("Easement"), is for the purpose of constructing, operating, repairing, and maintaining an 8 inch 
underground water main on Flood Control District (FCD) property, and appmienances thereto 
(collectively, the "Facility"), in accordance with FCD Right-of-Way Use Permit No. 
FRU2400134 ("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. 
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This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to 
have umestricted access to and use of the Easement for the purpose of operation and maintenance 
of the flood control project known as the White Tanks 03 Outlet Channel (Project). GRANTOR 
shall endeavor to use its best eff01is to operate and maintain the Project in a manner which will 
not umeasonably 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 p01iion 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 paii 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 fraine 
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 thitiy (30) 
days after GRANTEE'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. 
After the installation of GRANTEE'S Facility in accordance with said FCD Permit, any 
installation or modification whatsoever to the Easement, the Facility, or any appmienance of 
GRANTEE located therein, that is not in compliance with said FCD Permit, will require 
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200.01.12 OG-UE

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, comi 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. 
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 thiliy 
(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 GRANTEE to use the 
Easement for the purpose stated herein, and do not include the right to pe1mit 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. 
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RECOMMENDED FOR APPROVAL: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
G!;;: . 
11/12/2024 
Paul Baughman, P.E., CFM 
Date 
Chief Engineer and General Manager 
MARICOPA COUNTY REAL ESTATE DEPARTMENT 
Doz~ 
~ 
-
11/11/2024 
B5El585165tJ8,!,4eeee,--,-
... ----------
Alex Smith 
Date 
Director 
APPROVED AS TO FORM and within the powers and authority granted under the laws of the 
State of Arizona. 
~
;::• 
.. •.drb•"'4y: • _' _________ 
_ 
lJV 
vvv_ {M.'.. 
11/8/2024 
Wayne Peck 
Date 
District General Counsel 
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200.01.12 OG-UE

APPROVED 
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
Chairman of the Board 
Date 
Printed Name: -------------
ATTEST 
Clerk of the Board 
Date 
Printed Name: ____________ _ 
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 person whose name is subscribed to the forgoing instrument as Chairman of the Board of 
Directors for the Flood Control District of Maricopa County. 
Given under my hand and seal of the office this ____ day of ______ 20 __ 
Notary Public (signature) 
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200.01.12 OG-UE

GRANTEE ACCEPTANCE AND APPROVAL: 
ARIZONA WATER COMPANY, an Arizona Corporation, and/or its successors and assigns 
By: -
~ -------H--
f !4A. __ 
Andrew J. Haas, P.E. 
Its: Vice President 
Dl><.t5JJ ll!J18 
STATE OF ARIZONA 
) 
)ss 
COUNTY OF MARICOPA ) 
The foregoing instrument was acknowledged before me this il"aay of \J\~v 
202~ by Andrew J. Haas its Vice President for Arizona Water Company, an Arizona 
Corporation, and/or its successors and assigns. 
My Commission Expires: 2 \\7..\'2021.o 
Ann Frances Hell 
N~ Public-Arizona 
17/2028 
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Exhibit "A" - Easement 
Attached to Non-exclusive Utility Easement 
EXHIBIT A 
LEGAL DESCRIPTION 
20 FOOT EASEMENT 
A STRIP OF LAND 20.00 FEET WIDE LYING WITHIN AND BEING A PART OF THE NORTHWEST 
QUARTER OF SECTION 21, TOWNSHIP 2 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER 
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, SAID STRIP BEING MORE PARTICULARLY 
DEFINED AS LYING WESTERLY AND NORTHERLY (RIGHT) OF AND ADJOINING THE FOLLOWING 
DESCRIBED SIDE LINE: 
COMMENCING AT THE NORTHWEST COMER OF SAID SECTION 21, FROM WHICH THE WEST 
QUARTER COMER OF SAID SECTION 21 BEARS SOUTH 00 DEGREES 34 MINUTES 23 SECONDS 
WEST, A DISTANCE OF 2634.94 FEET; 
THENCE SOUTH 00 DEGREES 34 MINUTES 23 SECONDS WEST, COINCIDENT WITH THE WEST 
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 1682.77 FEET; 
THENCE LEAVING SAID WEST LINE, SOUTH 89 DEGREES 37 MINUTES 11 SECONDS EAST, A 
DISTANCE OF 55.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF THAT CERTAIN 
REAL PROPERTY DESCRIBED IN FEE 2012-0228233, OFFICIAL RECORDS, MARICOPA COUNTY, 
ARIZONA; 
THENCE CONTINUING, SOUTH 89 DEGREES 37 MINUTES 11 SECONDS EAST, A DISTANCE OF 
224.00 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID REAL PROPERTY AND 
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED SIDE LINE; 
THENCE SOUTH 00 DEGREES 34 MINUTES 23 SECONDS WEST, COINCIDENT WITH THE 
EASTERLY BOUNDARY LINE OF SAID REAL PROPERTY, A DISTANCE OF 458.35 FEET TO THE 
SOUTHEAST CORNER OF SAID REAL PROPERTY; .. 
THENCE LEAVING SAID EASTERLY BOUNDARY LINE, NORTH 89 DEGREES 35 MINUTES 44 
SECONDS WEST, COINCIDENT WITH THE SOUTH BOUNDARY LINE OF SAID REAL PROPERTY, A 
DISTANCE OF 224.00 FEET TO THE SOUTHWEST COMER OF SAID REAL PROPERTY AND THE 
POINT OF TERMINUS OF THE HEREIN DESCRIBED SIDE LINE. 
THE SIDELINES OF SAID STRIP BEING LENGTHENED OR SHORTENED, AS APPLICABLE, TO MEET 
THE BOUNDARY LINES OF THE AFFECTED PARCEL. 
SAID EASEMENT AREA= 13,246.9 SQ. FT. OT 0.3 ACRES MORE OR LESS 
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Exhibit "A" - continued 
Attached to Non-exclusive Utility Easement 
NW CORNER SECTION 21, ;-rt 
T.2N., R.2W., 3.0" COUNTY---
1 
W. CAMELBACK RD. 
BRASS CAP FLUSH P.O.C. 
l 
o· 
A.P.N. 
P.0.8. 
P.O.C. 
P.O.T. 
SCALE: 1 "=100' 
so· 
1 oo· 
200· 
EASEMENT AREA: 
±13,246.9 SQ. FT. 
OR 0.3 ACRES 
LEGEND: 
ASSESSOR PARCEL NUMBER 
POINT OF BEGINNING 
POINT OF COMMENCEMENT 
POINT OF TERMINATION 
,;...... 
1 ~ 
A.P.N. 502-29-351 
----· 
l ~ I 
FEE 2012-0228233 
• I 
~ ~ ,... 
NE. CORNER 
II 
-...i- I 
I 
§s l2 1 t 
AND P.O.B. 
1 
~ ;r..- _ 
_ ___ S89'37'11"E _______ -. 
0 
ti') 
55.00' 
224.00' 
VJ £-4 
I 
-...i-
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I 
s~, 
I 
I 
I 
I 
EASTERLY 
BOUNDARY 
UN E AN r-----J-~ 
DESCRIBED 
SIDE LINE 
20.00' EASEMEN 
SW. 
ORNER 
AND P.O.T. 
224.00' 
N89'35'44"W 
~ 
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It') ti') 
~ £-4 
(0 ...i-
i() ti') 
~b 
Cl) 
--...__ 
SOUTH BOUNDARY LINE 
AND DESCRIBED SIDE LINE 
A.P.N. 502-29-001W 
FEE 2019-0395452 
SE. 
CORNER 
SHEET 
JOB #24039 
1 
DATE: 04/26/24 
"MAP TO EXHIBIT A" 
LEGAL DESCRIPTION 
NW. QUARTER, SEC 21, T2N, R2W 
MARICOPA COUNTY, ARIZONA 
FLOOD CONTROL DISTRICT APN 502-29-351 
BLACK MOUNTAIN 
SURVEYING 
623-266-0402 
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