E1. 201.01.12_TW4-04_OG-RE (1 OF 4).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 1999R016

NON-EXCLUSIVE ROADWAY EASEMENT

FCD Project: White Tanks 04

FCD Parcel No.: WT4-04

APN: 502-35-833 ptn.

FCD Permit Nos.: 2022P320 and 2023P 161
This Non-Exclusive Roadway 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 BUCKEYE, an Arizona municipal corporation, _ its
representatives, heirs, executors, administrators, 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 perpetual, non-exclusive roadway easement (“Easement”), which may be open to
public use, in, upon, over, under, across, through and along a portion of the premises set forth in
instrument number 19870624561, recorded October 08, 1987 in the official records of Maricopa
County (“Burdened Property”). The granted Easement described on the attached Exhibit “A”
(“Easement Property”) is for the purpose of constructing, operating, inspecting, repairing, and
maintaining a roadway, culvert, and appurtenances thereto, together with the right to issue permits
for third party public utilities (collectively, the “Roadway’), in accordance with Flood Control
District (FCD) Right-of-Way Use Permit Nos. 2022P320 and 2023P161 (“FCD Permits”).

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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201.01.12_TW4-04_OG-RE

This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
have unrestricted access to 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

Roadway resulting from the Burdened Property functioning as a flood control project.

In the event the Roadway and/or personal property belonging to the GRANTEE interferes
with GRANTOR’S use of the Burdened Property or the land within the Easement Property is
needed to construct, maintain, or relocate any portion of GRANTOR’S flood contro! 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 Roadway, and/or personal property, or
portions(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 The
Project. If GRANTEE’S relocation effort delays construction of a GRANTOR project, and
causes GRANTOR to be liable for damages, GRANTEE shall reimburse GRANTOR for those
damages that are proximately attributable to the delay created by GRANTEE, within thirty (30)
days after GRANTEE’S receipt of the GRANTOR’S invoice together with supporting

documentation of the foregoing.

The GRANTEE shall also, at its sole cost and expense, maintain the Easement Property,
and GRANTEE’S Roadway 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 but not the obligation 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 Roadway. Subject to Grantee
Indemnification set forth herein, GRANTEE has no obligation to maintain or repair any project
facilities of the Flood Control District, including but not limited to walls, dams, dikes, ditches,

drainage channels, reservoirs, retention basins, and/or gates.

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201.01.12_TW4-04_OG-RE

Upon the installation of GRANTEE’S Roadway in accordance with said FCD Permits,
any modification whatsoever to the Easement Property, the Roadway, or any appurtenance of
GRANTEE located therein, that is not in compliance with said FCD Permits, 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.

To the extent permitted by law GRANTEE agrees to indemnify GRANTOR for any and
all damages and costs, including without limitation, reasonable attorney's fees, taxable court costs,
and all other reasonable 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, its officers, employees, agents or contractors (“Grantee Indemnification”).

In the event GRANTEE fails to install the Roadway within the Easement Property, 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 for GRANTEE for the purpose stated
herein. This Easement may be assigned to a subdivision of the state of Arizona or any municipal
corporation or charter municipality but shall not otherwise be assigned without prior written approval
of GRANTOR and the payment to GRANTOR of fair market value. If assigned, the assignee shall

thereupon assume and be responsible to perform all obligations herein imposed on GRANTEE.

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201.01.12_TW4-04_OG-RE

Prior to GRANTEE issuing a permit for third party public utilities as provided herein, said
utility will be required to apply for and obtain a right-of-way use permit from GRANTOR. This
Easement shall run with the land and is binding on all parties.

This Easement may be executed in one or more counterparts, each of which in the aggregate
shall constitute one and the same instrument. Electronic signatures shall be effective to bind the
parties.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

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201.01.12_TW4-04_OG-RE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:

Poud Baugh 6/6/2024
Paul Baughman, P.E., CFM Date

Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

‘DocuSigned by:
( AS— 6/6/2024
2BODSESD-

Alex Smith Date
Director

APPROVED AS TO FORM and within the powers and authority granted under the laws of the

State of Arizona.

‘DocuSigned by:

) Puck 6/6/2024

Wayne Peck — Date
District General Counsel

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201.01.12_TW4-04_OG-RE

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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201.01.12_TW4-04_OG-RE

GRANTEE ACCEPTANCE AND APPROVAL:

CITY OF BUCKEYE, an Arizona municipal corporation

DocuSigned by:

Down. Cotturman. 6/5/2024

Dan Cotterman, City Manager

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this 5" day of June 2024, by Dan
Cotterman, City Manager of the City of Buckeye.

MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 2027

Notary Stamp Seal

The notary public certifies that appropriate authorization has been issued by the Arizona
Secretary of State to allow electronic notarizations or remote online notarization pursuant
to A.R.S. § 41-276. This remote notarial act involved the use of communication technology.

ATTEST:

DocuSigned by:

Wuinda J. Mya. 6/6/2024

Lucinda » Aya, City Clerk

APPROVED AS TO FORM:

‘DocuSigned by:
i Beto A" 5/29/2024
K. Scott McCoy, City Attorney

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201.01.12_TW4-04_OG-RE

Exhibit “A” - Easement
Attached to Non-exclusive Roadway and Maintenance Easement

(— EXHIBIT A >»
LEGAL DESCRIPTION

A ROADWAY EASEMENT OVER ONE OF THOSE TRACTS AS CONVEYED TO THE FLOOD
CONTROL DISTRICT OF MARICOPA COUNTY (FCDMC) BY DEED OF RECORD INSTRUMENT
NUMBER 1987-—0624561 MARICOPA COUNTY RECORDS (MCR) AND LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 2 WEST OF THE GILA
& SALT RIVER MERIDIAN, CITY OF BUCKEYE, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 5 (3 INCH CITY OF
BUCKEYE BRASS CAP IN HANDHOLE) FROM WHICH POINT THE SOUTHWEST CORNER
THEREOF (3 INCH CITY OF BUCKEYE ACF RLS 37174) BEARS S017’55"W A DISTANCE OF
2643.66 FEET;

THENCE WEST QUARTER CORNER BEING THE POINT OF BEGINNING

THENCE N89°40’05"E, ALONG THE NORTH LINE OF SAID SOUTH WEST QUARTER, A
DISTANCE OF 130.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT;

THENCE S017’55"W, ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 95.00 FEET
TO THE SOUTHEAST CORNER OF SAID TRACT;

THENCE N89°40’05"W ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE 130 FEET TO
THE SOUTHWEST CORNER OF SAID TRACT;

THENCE NO17'55"E ALONG THE WEST LINE OF SAID TRACT A DISTANCE 95.00 FEET TO
THE POINT OF BEGINNING.

THE ABOVE DESCRIBED ROADWAY EASEMENT CONTAINS 12,350.00 S.F. (0.2835 ACRE)
OF LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD.

THE BASIS OF BEARING FOR THE ABOVE DESCRIPTION IS NO17°55"W FOR THE WEST LINE
OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 2 WEST OF
THE GILA SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA AS SHOWN ON THE
RECORD OF SURVEY PLSS SUBDIVISION — MARICOPA COUNTY GEODETIC DENSIFICATION
AND CADASTRAL SURVEY (GDACS) RECORDED IN BOOK 638, PAGE 33 MARICOPA
COUNTY RECORDS.

Sheet 1 of 2

ROADWAY EASEMENT - APN 502-35-833
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

Preparing Firm: ARDURRA GROUP INC.
Address: 1001 N. CENTRAL AVENUE, SUITE 900 PHOENIX, AZ 85004
LS Phone: 602-263-1177 Fax: 602-277-6286

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201.01.12_TW4-04_OG-RE

Exhibit “A” - continued
Attached to Non-exclusive Roadway and Maintenance Easement

(— EXHIBIT A

\

IN HANDHOLE)

SKETCH
ROOSEVELT STREET
Poc POB CENTER 1/4

WEST 1/4. L1_$89°40'05"E 2646.86" CORNER

CORNER SECTION 5
SECTION 5 (1/2IN REBAR

(3IN CITY OF

BUCKEYE ~- ~ T.ROPE

BRASS CAP S LS21081)

APN 502-355-833
FLOOD CONTROL DISTRICT
—— OF MARICOPA COUNTY
#1987—0624561, MCR

APN 502—35-013B
ROOSEVELT STREET CO LP
#2008—0827059, MCR

APN 502—35—019B
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
#NOD—01583, MCR

|. (3
OS ROADWAY
Z5 EASEMENT
[es 12,350.00 S.F.
ui (0.2835 ACRE)
ue
9 fg
wm
art
7
88
SOUTHWEST
CORNER
SECTION 5
(3IN CITY OF
BUCKEYE LINE TABLE

ACF RLS 37174)

LINE | BEARING | LENGTH

ui S$89°40'05"E 130.00’

ROADWAY EASEMENT - APN 502-35-833
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

N L2 | so17'ss’w | 95.007
SCALE: tape ,
per L3 | Ng9°40'05"w | 130.00 Sheet 2 of 2
SW 1/4 tee ’
ows L4 | no17'55"e | 95.00
T. 1 ON.
R. 2 Ww.

Preparing Firm: ARDURRA GROUP INC.

Address: 1001 N. CENTRAL AVENUE, SUITE 900 PHOENIX, AZ 85004
ie Phone: 602-263-1177 Fax: 602-277-6286
Page 9 of 9

201.01.12_TW4-04_OG-RE