A1. 117.05.31_F00414_OG-RE (PARTIALLY EXECUTED).PDF

When recorded, return to: 
Flood Control District of Maricopa County 
2801 West Durango Street 
Phoenix, AZ 85009 (CM) 
 
EXEMPT ARS § 11-1134, A2 
 
 
 
 
 
 
 
 
 
 
FCD 1999R016 
 
NON-EXCLUSIVE ROADWAY EASEMENT 
FCD Project: 27th Ave and Olney Storm Drain 
FCD Parcel No.: F00414 
APN: 300-17-028 
FCD Permit No.: FRU2400442 
 
This Easement is entered into by and between the following parties  
 
GRANTOR: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a 
political subdivision of the State of Arizona 
 
GRANTEE: 
MARICOPA COUNTY, a political subdivision of the State of Arizona, 
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 roadway easement (“Easement”) in, upon, over, under, across, 
through and along a portion of the premises set forth in instrument number 20230580967, recorded 
November 9, 2023 in the official records of Maricopa County (“Burdened Property”). The granted 
Easement, described on the attached Exhibits “A” (“Easement Area”), is for the purpose of 
constructing, operating, repairing, and maintaining a public roadway, and appurtenances thereto 
(collectively, the “Roadway”), in accordance with FCD Right-of-Way Use Permit No. 
FRU2400442 (“FCD Permit”), together with the right to permit the installation of underground 
utilities within the Easement Area in cooperation with the GRANTOR. 
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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117.05.31_F00414_OG-RE 
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to 
have unrestricted access to and use of the Easement Area for the purpose of operation and 
maintenance of the flood control project known as the 27th Avenue and Olney Avenue Storm Drain 
Project (Project). GRANTOR shall endeavor to use its best efforts 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 Roadway 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 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 Roadway, or any part 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 frame 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 
thirty (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 Area, and 
GRANTEE’S Roadway located within the Easement Area, in a state of good repair and in a safe 
condition, including without limitation the removal of trash and debris from the Easement Area. 
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 Area, or that may extend over the 
Easement Area, so as to protect the same from interfering with the maintenance and operation of 
GRANTEE’S Roadway. 
After the installation of GRANTEE’S Roadway in accordance with said FCD Permit, any 
modification whatsoever to the Easement Area, the Roadway, or any appurtenance of GRANTEE 
located therein, that is not in compliance with said FCD Permit, will require GRANTEE to apply

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117.05.31_F00414_OG-RE 
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, 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. 
In the event GRANTEE fails to install the Roadway within the Easement Area, or in the 
event GRANTEE removes the Roadway, or in the event the Roadway 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 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 Area to another party without prior approval of the GRANTOR. 
This Easement shall run with the land and is binding on all parties.

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117.05.31_F00414_OG-RE 
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
RECOMMENDED FOR APPROVAL: 
Paul Baughman 
Date 
Chief Engineer and General Manager 
REAL ESTATE DEPARTMENT APPROVAL: 
Alex Smith, Director  
 
Date 
Maricopa County Real Estate Department 
APPROVED AS TO FORM and within the powers and authority granted under the laws of the 
State of Arizona. 
Wayne Peck 
Date 
District General Counsel 
10/21/2024
10/21/2024
10/21/2024

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117.05.31_F00414_OG-RE 
APPROVED: 
 
BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA 
COUNTY 
 
 
 
 
 
 
 
 
 
Chairman of the Board 
 
Date 
 
 
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   
 
 
 
, known to me to be 
the person whose name is subscribed to the forgoing instrument as Chairman of the Board of the 
Political Subdivision in the foregoing instrument. 
 
Given under my hand and seal of the office this  
day of  
 
 
, 202 . 
 
 
______________________________ 
Notary Public (signature)

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117.05.31_F00414_OG-RE 
GRANTEE ACCEPTANCE AND APPROVAL: 
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 
___________________________________ 
Jesse Gutierrez 
 
 
Date 
Director 
REAL ESTATE DEPARTMENT APPROVAL: 
Alex Smith, Director  
 
Date 
Maricopa County Real Estate Department 
APPROVED AS TO FORM and within the powers and authority of the Board of Supervisors. 
Wayne Peck 
Date 
Deputy County Attorney 
10/21/2024
10/21/2024
10/21/2024

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117.05.31_F00414_OG-RE 
APPROVED: 
MARICOPA COUNTY BOARD OF SUPERVISORS 
 
 
 
 
 
 
 
 
Chairman of the Board 
 
Date 
 
 
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  
 
 
 
, known to me to be the 
Chairman of the Board of Supervisors the political subdivision described in the foregoing 
instrument. 
 
Given under my hand and seal of the office this  
 day of  
 
 
, 202  
 
 
____________________________ 
Notary Public (signature)

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117.05.31_F00414_OG-RE 
Exhibit “A” 
Attached to Non-exclusive Roadway Easement

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117.05.31_F00414_OG-RE 
Exhibit “A” - continued 
Attached to Non-exclusive Roadway Easement