E1. 121.01.12_M-2171_OG-ACC (002).PDF
Extracted text (via pymupdf)
21850 characters
When recorded, return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDH)
EXEMPT ARS § 11-1134, A2
FCD 1999R0 16
NON-EXCLUSIVE ACCESS EASEMENT
FCD Project: East Maricopa Floodway Reach 4
FCD Parcel Nos.: M-2171, M-2167-2, and M-
2167-1
APNs: 304-38-01 lA, 304-49-008T, and 008V
ptn.
FCD Permit No.: 2010P037
This Non-Exclusive Access 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
CITY OF MESA, an Arizona Municipal Corporation and/or its successors
and assigns
In accordance with GRANTOR'S Board of Directors Resolutions 2018R013 dated
October 24, 2018 and 88-5 dated January 16, 1989, for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to
GRANTEE a non-exclusive access easement in, upon, over, under, across, through and along a
portion of the premises set fo1ih in instrument numbers 19820195754, recorded June 24, 1982 and
19890143700, recorded March 30, 1989 recorded the official records of Maricopa County
("Burdened Property"). The granted easement, described on the attached Exhibit "A"
("Easement"), is for the purpose of constructing, operating, repairing, and maintaining access -
City of Mesa Project No. 07-066-001 on Flood Control District (FCD) prope1iy, and appurtenances
thereto (collectively, the "Facility"), in accordance with FCD Right-of-Way Use Permit No.
2010P037 ("FCD Pe1mit").
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
Page 1 of 15
121.01.12 M-2171 OG-ACC
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record, or not of record, that could be disclosed by a visual inspection or accurate survey of the
real property.
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 East Maricopa Floodway (Project). GRANTOR shall
endeavor to use its best effo1is 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 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 Prope1iy or the Burdened
Prope1iy is needed to construct, maintain, or relocate any portion 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 pmi thereof, requires
a right of way use pe1mit, actual construction shall begin within thirty (30) days following
GRANTOR'S issuance of a right-of-way use permit. 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 effmi 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 thiliy (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. 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
modification whatsoever to the Easement, the Facility, or any appurtenance of GRANTEE located
Page 2 of15
121.01.12 M-2171 OG-ACC
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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 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 permit 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.
Page 3 ofl5
121.01.12 M-2171 OG-ACC
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RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
1
oocuSlgned by:
L!,:5~=5488...
11/13/2024
Paul Baughman, P.E., CFM
Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
[
DocuSlgned by:
~
e ...
Alex Smith
Director
11/11/2024
Date
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
~ ""'"""" .,,
(}J
IA,(,, p uk.
:!t3DODE44C4EL
11/8/2024
Wayne Peck
Date
District General Counsel
Page 4 oflS
121.01.12 M-2171 OG-ACC
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APPROVED
GRANTOR: FLOOD CONTROL DISTRICT OF MARI COP A 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)
Page 5 of15
121.01.12_ M-2171_OG-ACC
GRANTEE ACCEPTANCE:
CITY OF MESA, an Arizona Municipal Corporation, and/or its successors and assigns
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this ___ day of ____ ~2Q2_ ,
by Marc Heirshberg the Deputy City Manager on behalf of the City of Mesa, an Arizona
Municipal Corporation, and/or its successors and assigns
Nota1y Public (signature)
Notary Stamp Seal
Date
City Clerk
APPROVED AS TO FORM
-1$tic=
ai;smith
* City Attorney
Page 6 of 15
121.01.12_ M-2171_OG-ACC
Exhibit "A" - Easement
Attached to Non-exclusive Access Easement
PowerR-0ad
Pecos Rd. to saritan Fwy.
340 W.O. 4357, Project No. 07M066-001
.
.
LEGAL DESCRIPTION
ACCESS EASMENJ
APN 304-49-008U
A portion of Pare.el M-2167-1 as shown ln·Docket 14242, Page 1258, Maricopa County records
also being a portion of the Northeast quarter of Section 36, Township 1 South, Range 6 East of
the Gila and Salt .River Meridian, Marioopa ·Qounty, Arizona, more particularly described as
follows:
COMMENCING at a found brass cap in handhole accepted as the Northeast corner of said
Section 36 from which a found brass cap In handhole accepted as the North quarter corner of'
said section bears South 89°42
140" West, 2624.31 feet;
Thence South 89.,42,40" West, 126.QO feet along the north lin~ of the Northeast quarter of said
Section 36;
•
•
•
• Thence leaving said north line, South 00°41
103n East, 65.00 feet to the southerly right of way
line of Williams Field Road and to the northeast corner or said Parcel MM2167H1;
.
I
.
Thence South 89°42'40" West 14.49 feet along said southerly right of _way line and along the
north line of said Parcel M~2167~1 to the POJNT OF BE~INNING;
Thenoe leaving said southerly right of way line and said north line, South 00°23'17" East, 130.97
feet to the beginning of a cuive concave northeasterly, having a radius of 15.00 feet, the center
of whioh bears North 89°36'43
11 East;
•
Thence southeasterly along said• cuive, through a central angle of 90-
0 17'46
1
'. an arc length of
~M~
•
Thence North 89°1-8'57
11 East, 0.16feet to the east line of ~aid Parcel M-2167-1;
Thence South 00°41
103
11 East1 24.00 feet along said east line;
Thence leaving said east line, South 89°36'43" West, 26.53 feet to the beginning of a curve
concave southerly, having a radius of 50.00 feet, the center of which bears South 00°23'17
11
East;.
Thence westerly along said curve, through a central angle of 37°57'28
11
, an arc lengt.h of 33.12
feet;
Thence North 38°20145
11 West1 24.00 feet;
Thence North 51"39'15" East, 17.04 feet to the beg~nnlr:19 of a cuive concave northwesterly,
Page 7 of15
121.01.12 M-2171 OG-ACC
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Exhibit "A" - continued
Attached to Non-exclusive Access Easement
having a radrus of 5O.OO feet, the center of which- bears North 38°20'45" West;
,
Thence northeasterly along said curve, through a central angle of 52°02'32
11
, an arc length of
45.42 feet;
.
.
Thence N0rth 00°23'17" West, 111.76 feet to said southerly right of way line and said north line
of Parcel M-2167-1;
Thence North 89°42'40" East, 24.00 feet along said southerly right of way lirn;} and said north
line to the POINT OF BEGINNING.
The above described parcel contains a computed area of 5,390 square feet or 0.1237 acres,
more or less and Is subject to any easements, restrictions, or rights of way of record or
otherwise.
•
The description shown hereon is not -to be used to violate any subdivision regulation of the
State, County'and/or Municipality or any other land division restrictions: •
Prepared by;
Atwell, LLC
4700 E. Southern Avenue
Mesa, Arizona 85206
ProjectNo.100O0922
February 20_11
Page 8 oflS
EXPIF.lES ti@~31 ~2013
121.01.12_ M-2171_ OG-ACC
Exhibit "A" - continued
Attached to Non-exclusive Access Easement
L
NORTH QUARTER
•
NORTHEAST CORNER
CORNER OF
p'ORTH LINE OF THE
OF SECTION JB
SECllON 36
NORTHEAST QUARTER
FOUND BRASS CAP IN f/AN!)H,. 'OLE
FOUND BRASS CAP
OF SECTION 36
POINT OF COUMENClllENT
.- f- • WILLIAMS AELD ROAD -
• ~ "f>l ~-~ -
• • ~r:-: • ss;;:J!,v'~i~~
.
~ ~ !,,,. ~ ~
;._jg
•
•
____________
.1.___~_Q:,_:_ __ ~,:g _____ _,
. •
CURVE:
1
2
J
~
I
Lr'.
,-------_.!,_----n,-1--.!
SOUTHERLY RIGHT OF WAY
LIN£ OF WILLIAMS FIELD ROAD
JJ.00
1
:
BK 21
OF RD
APN: 304-49-00BU
DKT 14242-1258
PARCEL M-2167~1
•
~
a~
~~~
APN: 304-49-00BU
OKT 14242-1258.
• PARCEL M-2167-2 •
LINE TABLE
.%Th.
NORTHEAST
CORNER OF
PARCEL
M-2167-1
jlfl{[]t.4-J."f.
o
'RADIAL)
L3
MAPS·
PG 15 • · I
I
UN£
BEARING
LENGTH
L1
S89'42'40"W
14.49'
l2
S00'2J'17"E
130.97'
LJ
N89'1l1'57"E
0.16'
L4
S00'41 '0J"E
2'4,00'
L5
S89'36'4J"W
26.53'
L6
NJ8'20
145"W
• 24.oo··
L7
N51'39'15'1£
17.04'
LB
N00'2J'17"W
111.76'
l9
NB9'42'40"E·
24.00
1
CURVE TABLE
LENGTH
RADIUS
DELTA
23.64'
15.00'
90'17'46n
33.12'
50.00'
37'57'28"
N.T.S.'·
45.42'
50.00'
52'02
1J2#
..
10000922-Sheet 3 of 3
02'-28-2012
.•
;. ;~ATWELL
i.Y-,-~
OO'DSlllll0kllllJlllll',IAIVNilJ.
l.llnd·~!k~~
l'owa'•~
Tcl~L'll!Qlll
~&~
~&Solfd w.
Wi!er8t1Jatunil ~
POWER ROAD
PECOS ROAD TO SANTAN FWY.
340 W.Q. 4357 PROJECT NO, 07-066-001
ACCESS EASEMENT
'
/l:PN~ 304-49-00BU
Page 9 of15
121.01.12 M-2171_OG-ACC
Exhibit "A" - continued
Attached to Non-exclusive Access Easement
Power Road
Pecos Rd. to Santan Fwy.
34Q W.O. 4357, Project No. 07-066-001
LEGAL DESCRIPTION
ACCESS EASEMENT
APN 304•38-011A
A portion of Parcel 18 as described within the Warranty Deed recorded as Docket
16110, Page 683, Maricopa County records, and a portion of the Southeast quarter of
Section 25, Township 1 South, Range 6 East of the GIia and Salt River Meridian.
Maricopa County, Arizona, more particularly described as follows: •
COMMENCING at a found brass cap in handhole aooepted as the Southeast corner of
said Section 25 from which a found brass cap in handhole accepted as the South
quarter comer of said section bears South 89°26'54" West, 2624.31 feet;
'
'
.
Thence South 89
1126'54'' West, 343.17 feet along the south line of said Southeast
quarter;
Thence Jeaving said south line, North 00°33'06" West, 65.00 feet to the north right of
way line of WIiiiams Field Road and to the POINT OF BEGINNING;
Thence South 89°26
154
11 West, 24.00 feet along said north right of way line;
Thence leaving said north right of way line, North 00°39'03° West, 72.68 feet to a point
of curve concave southerly, having a radius of 24.00 feet, the center of which bears
South 89°20'57" West;
'
Thence westerly along said curve, through a central angle of 178°54'03", an arc length
of 7 4.94 feet to a point of cusp and to the east right of way line of the Roosevelt Water
Conservation District canal;
Thence along said east rlght of way line, North 00°26'54'' East, ·68.21 feet;
Thence leaving said rlghtof way line, South 87°11'51" East, 9.17 feet to a nori tangent
curve concave northeasterly, having a radius of 30.00 feet, the center of which bears
North 73°07'10
11 East;
Thence southeasterly along said curve through a central angle of 62Q28'49'', an arc
length of 32. 71 feet to a reverse curve, concave southerly, having a radius of 48.00
feet, the center of which bears South 10°38'21 n West;
•
Thence easterly along said curve, through a central angle of 09°21'031\ an arc length
of 7.83 feet to a reverse curve, concave northerly, having a radius of 25.00 feet, the
center of which bears North 19°59'24" East;
Tbence easterly along sa{d curve, through a central angle of 63°07'28", an arc length
of 27.54 feet;
•
•
Thence North 46°51'56" East, 15.20 feet to a point of curve concave northwest~rly,
Page 10 of15
121.01.12 M-2171 OG-ACC
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Exhibit "A" - continued
Attached to Non-exclusive Access Easement
having a radius of42.00 feet, the center ofwhloh bears North 43°08'04" West;
Thence· northeasterly along said curve, through a central angle of 46°16'12", a arc .
length of 33.92 feet;
•
Thence South 89°24116
11
• East, 16.00 feet to a non tangent curve • concave
northwesterly, having a radius of 58.00 feet, the center of which bears North 89°24'16''
West;
Thence southwesterly along said curve through a central angle of 46°16'12
1', an arc
length_ of 46.84 feat;
.
•
.
•
.
Thence South 46°51
166
11 West, 15.20 feet to a point of curve concave easterly, having
a radius of 25.00 feet, the center of whf ch bears South 43
1108'04" East;
Thence southerly 1:1long said curve, throug~ a central angle of 63°0_7'28'\ an arc length
of 27.64 feet to a reverse curve. concave westerly, having a radius of 48.00 fee~. the
center of which bears South 73°44'28
1
' West;
Thence southerly along said curve, through a central angle of 15°36'28
11
, an arc length
of 13.08 feet;.
Thence South 00°39'03
11 East, 72. 72 feet to the POINT OF BEGINNING.
The above desorlbed parcel contains a computed area of 5,370 square feet or 0.1233
acres. more or less and ls subject to any easements, restrictions, or rights of way of
record or otherwise.
•
The description shown hereon is not to be used to violate any subdivision regulation of
the State, County and/or Municipality or any other land division restrictions.
Prepared by:
AtwelJ, LLC
4700 E. Southern Avenue
Mesa, Arizona- 85206
ProjeotNo.10000922
9otober, 2012
Page 11 ofl5
121.01.12_ M-217l_OG-ACC
Exhibit "A" - continued
Attached to Non-exclusive Access Easement
EAST RIGHT OF WAY LINE
OF THE ROOSEVELT WATER
CONSERVATION 01sm1cr
CANAl
N.T.S.
PARCEL 18 ·PER OJ(T
1611°' P.C 683
APN: 304-JB-011A
R=42.00, l=JJ.92
~I
0=46'16'12•
't:;I~ R=25.00, l=2l.54
S89'24'16"£ 16.00'
N89'24'16'W
--=='=- -RAD7AL -
F.ili;'I 0=63'07'28~
~I~ R=J().00
£,=J2.71
~
I 0=62'28'49"
H=58.00 •
l=46.84
D::::46'16'12"
~
65'
I
~:
i,1s
!;Jt 4rl
Qll:i'S
- i1
S46'51'56"W 15.20'
R=25,0{), L.=27.54-
D=6J'0]'2B"
R=4B.OO, L=fJ,08
0=15'J6'28
11
POINT OF BEGINNING
I
I
I
I
[
.. _ .. A. .. _ .. _ .. _
. ,. _
. , ll::_ ~~9'26'54"!1, J!!J_7: • -!J·
V -
S89'26'54'W 2624.31'
•
_.
WILLIAMS RELD ROAD
SOIJTH QUARTER
.
•
SOlJTHfAST CORNER
CORNER or
OF SECTION 25
S£CllON 25
POINT OF COMMOICEM£NT
AREA==5,370 SF
rao4~a.w111Ca
l'llw#lll!llellr
,..ll ••
JnlhieCnllmre•Tn
~.
Sollcl w.
wa•~lftlllllml
10000922-Sheet 2 of 2
10-16-2012
POWER ROAD
PECOS ROAD TO SANTAN FWY,
•
340 W.O. 4357 PROJECT NO. 07-066-001
ACCESS EASEMENT
APN: 304-38-011A
Page 12 oflS
121.01.12 M-2171_OG-ACC
Exhibit "A" - continued
Attached to Non-exclusive Access Easement
Power Road
f:"ecos Rd. to Santan Fwy.
340 W.O. 4357, Project No. 07-066-001
LEGAL DESCRIPTION
ACCESS EASMENT
APN 304 .. 49.oosT •
A portion of the parcel as described within the Warranty Deed recorded as Docket 16110, Page
6831 Maricopa County records and a portion of the Northeast quarter of Section 36, Township 1
South, Range 6 East of. the GIia and Salt River Meridian, Maricopa County, Arizona, more
particularly described as follows:
•
• .....
•
COMMENCING at a found brass cap in handhole accepted as the Northeast corner of said
Section 36 from which a found brass cap In handhofe accepted as the North quarter corner of
said section bears South 89°42
140
11 West, 2624.31 feet;
Thenoe South 89()42'40" West, 366.95 feet along the north line the Northeast quarter of said
Section 36;
Thence leaving said north line, South 00°17'20" East, 65.00 feet to the south rlght of way line of
Williams Flefd Road and to the POINT OF BEGINNING;
•
•
•
Thence-North 89()42'40° East, 24.00 feet along said south right of way line;
Thence leaving said so~th right of way line, South 00()23'17" East, 18.65 feet;
Thence South 20°18'20" West, 43.82 feet to a point of curve concave northwesterly, having a
radius of 116.00'feet, fhe center of which bears North 69° 4 f40" West;
Thence southwesterly along said curve, through a central angle of 38°06'27'i, a arc length of
77.16 feet;
'
Thence South 68°24'48
11 West, 121.83 feet to the easterly right of way line of the Roosevelt
Water Conservation District Canal and to a point of cusp wlth a non tangent curve concave
northwe~terly, havfng a radius of 352.35 feet, the center of which bears North 46°45'44" West;
';
Thence northeasterly along said curve and said easterly right of way line through a central angle
of 07°56'22
11
, an arc length of 48.83 feet;
Thence leaving said easterly right of way llneJ North 68°24'48
11 East1 75.74 feet to a pofnt of
curve concave northwesterly, having a radius of 100.00 feet, the center of which bears North
31 °35'12" West;
Thence northeasterly along said curve, through a central angle of 68°48'05
11
, an arc length of
102.63 feet;
Thence North 00°23'17
11 West, 18. 70 feet to the POINT OF BEGINNINc;;.
Page 13 of 15
121.01.12_ M-2171_OG-ACC
Exhibit "A" - continued
Attached to Non-exclusive Access Easement
The above described parcel contains a computed area of 3,886 square feet or 0.0892 acre~.
more or less and Is subject to any easements, restrictions, or rights of way of record or
otherwise.
The description sflown hereon is not to be used to violate any subdMslon regulation of the
State, County and/or Municipality or any ot~er land division resirlotlons.
Prepared by:
Atwell, LLC
.
4700 E. Sou.them Avenue
Mesa, Arizona 8520~
Project No. 10000922
October, 2012
Page 14 of 15
121.01.12 M-2171 OG-ACC
Exhibit "A" - continued
Attached to Non-exclusive Access Easement
NORTHEAST CORN£R .
NORTH QVARlfR
WILLIAMS FIELD ROAD
CORNER or
.
Of SECTION 36
POINT OF COMMENCEMENT
,.-SECTION ~6~ .. _
.. _
.. -,• . ~8.f.4(~0~2~2.'l,Jt' .. _
.. -, _ ·f ·
I .--SOO'fl'20"E:
366.95 .
•
65' POINT OF V
65.00'
•
N.T.$.
BEOINNIM
I
NB9'4.?'40"£
I
24.00.,
R=J52.J5
l=48,83
Or=i56'2.
N46'45'44"W
RAO/Al
N00'2J'17"W
18.70J
R=I00.00
l=102.6J
D:::58'48'05"
S00'23'17"£
18.65'
-S20"18'20"W
43.82'
APN J0l/-49-00BU
AREA=3,886 SF
10000922-Sheet 2 of 2-
10-16-2012
1-!PemGt•••ww.
l'lllwr .....
0
'Meaawrlk1Clcw
fa'tlllnldln·~
l!lffll---'aS'cllldw.c.
WD"IINllllllll!.MOllnllt
POWER ROAD
PECOS ROAD TO SANT-AN FWY.
340 W.O. 4357 PROJECT NO: 07-066-001
ACCESS EASEMENT
APN 304-49-00BT
Page 15 oflS
121.01.12 M-2171 OG-ACC
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