F1. 201.01.31_F00434_IG-ACC.PDF

Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
When recorded, return to: 
City of Buckeye 
Lucinda J. Aja, City Clerk 
530 East Monroe A venue 
Buckeye, Arizona 85326 
Exempt ARS § 11-1134. A2 
EASEMENT FOR FLOOD CONTROL PURPOSES 
Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
This easement for flood control purposes is entered into as of the last date executed below by and 
between the following parties. 
GRANTOR: CITY OF BUCKEYE, a municipal corporation 
GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a 
political subdivision of the State of Arizona, its agents, contractors, 
successors, and assigns 
FOR AND IN CONSIDERATION of the sum of TEN DOLLARS and no/100 Dollars 
($10.00), and other valuable consideration, the receipt and sufficiency of which are hereby 
acknowledged, GRANTOR does hereby grant and convey to the GRANTEE, a non-exclusive 
easement ("Easement") on, over, under, across, and through the real property described in Exhibit 
"A", and depicted on Exhibit "B", which are both attached hereto and made a part hereof 
( collectively "Easement Area"), for the purpose of construction, installation, reconstruction, 
operation, repair, replacement, maintenance, and/or removal of a storm drain, and appurtenances 
thereto ("Facility"), together with: (1) the right of unrestricted ingress and egress to, from, across, 
and along the Easement Area; and (2) the right, but not the obligation, to cut back and trim such 
SBS 4376820.3 3/20/2024 
Page 1 of9

Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
portions of trees and vegetation that obstruct or interfere with the efficient access to, and/or 
maintenance and operation of, the Facility. 
RESERVING however to GRANTOR such rights and privileges as may be used and 
enjoyed by GRANTOR without interfering with or abridging the rights herein granted to 
GRANTEE; provided however, GRANTOR shall not construct, or permit the construction of, 
any permanent structures in the Easement Area, nor plant any trees or deep-rooted vegetation, 
within the Easement Area. 
Any and all uses of the Easement Area shall be subject to all federal, state and local laws and 
ordinances with respect to environmental issues and land use. 
GRANTEE shall review and permit, in accordance with GRANTEE'S Right of Way Use 
Permit process, any proposed modifications, new construction, and/or other activities undertaken 
or authorized by GRANTOR within the Easement Area, prior to any work, to ensure the Facility's 
intended use, functionality, and GRANTEE'S ability to operate and maintain its Facility, are not 
adversely impacted or diminished. If any GRANTOR use, or GRANTOR-authorized use, of the 
Easement Area causes interference with GRANTEE'S Facility, then the GRANTOR and/or the 
user shall, at its/their sole cost and expense, eliminate such interference. 
The GRANTEE shall, at its sole cost and expense, maintain the :floodcontrol Facility and 
Easement Area in a state of good repair and in a safe condition. GRANTEE shall also use its best 
efforts to operate and maintain the flood control Facility in a manner which will not unreasonably 
interfere with the GRANTOR'S rights reserved within this Easement and Easement Area. 
In the event GRANTEE removes the Facility, or in the event the Easement and Easement 
Area cease to be used for the purposes granted, GRANTEE shall notify GRANTOR in writing 
that the Easement and Easement Area are no longer needed by GRANTEE. In the event of 
evidence to GRANTOR that GRANTEE has removed the Facility, or in the event of evidence to 
GRANTOR that the Easement and Easement Area cease to be used for the purposes granted, and 
GRANTEE has not provided written notice to GRANTOR that the GRANTEE has abandoned 
the use of this Easement and Easement Area, then and in such event, GRANTOR shall notify 
SBS 4376820.3 3/20/2024 
Page 2 of9

Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
GRANTEE, in writing, that GRANTOR considers the Easement and Easement Area are no longer 
being used for the purposes granted or have been abandoned. In such event, GRANTEE shall 
respond to GRANTOR within 30 days as to whether the Easement and Easement Area are still 
being used for flood control purposes or have been abandoned. If GRANTEE does not respond 
to GRANTOR in writing within 30 days of GRANTOR'S written notice, such failure will be 
deemed to be evidence that GRANTEE no longer needs the Easement. If the Easement is no 
longer needed by GRANTEE, GRANTOR and GRANTEE shall execute a termination of this 
Easement which GRANTOR shall record in the public records of Maricopa County. Unless and 
until such termination is recorded, this Easement shall remain in full force and effect. 
GRANTEE shall indemnify GRANTOR for any and all damages caused by or arising from the 
proximate result of the activities of the GRANTEE, and/or its officers, employees, agents and 
contractors, in the exercise of GRANTEE'S rights pursuant to the terms of this Easement,except 
such injury or damage caused by or arising from the negligence or willfulness of the GRANTOR. 
This Easement shall run with the land and shall be binding upon the parties. 
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 
SIGNATURE PAGES FOLLOW 
SBS 4376820.3 3/20/2024 
Page 3 of9

Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
GRANTOR: 
ATTEST: 
Lucinda J. Aja, City Clerk 
APPROVED AS TO FORM: 
K. Scott McCoy, City Attorney
STATE OF ARIZONA 
) 
) ss 
COUNTY OF MARICOPA ) 
CITY OF BUCKEYE, ARIZONA, an 
Arizona municipal corporation 
By:G 
Eric W. Orsborn, Mayor 
On this R_ day of June 
2024, before me personally appeared Eric W. Orsborn, as 
Mayor of the City of Buckeye, an Arizona municipal corporation whose identity was proved to me 
on the basis of satisfactory evidence to be the person whose name is subscribed to this document, 
and who acknowledged that he signed this document. 
Notary Seal: 
Online Notary Public. Notarization 
facilitated by SIGNiX® 
SBS 4376820.3 3/20/2024 
Notary Public 
Adobe Acrobat Sign Transaction Number: CBJCHBCAABAAKjvNohSdEpAnSOw_tl 7 JQe9pABk6bioV 
Page 4 of9

Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
GRANTEE: 
RECOMMENDED FOR APPROVAL: 
FLOOD CONTROL DISTRICT 
OF MARICOPA COUNTY 
Paul Baughman, P.E., CFM
Chief Engineer & General Manager 
Alex Smith 
Director, Real Estate Department 
Date 
Date 
Approved as to form and within the powers and 
authority granted to the Board of Directors. 
General Counsel 
Date 
SBS 4376820.3 3/20/2024 
APPROVED AND ACCEPTED: 
BOARD OF DIRECTORS OF 
FLOOD CONTROL DISTRICT 
OF MARICOPA COUNTY 
Chairman of the Board 
ATTEST: 
Clerk of the Board 
Date 
Date 
Page 5 of9 
6/25/2024
6/25/2024
6/25/2024

Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
iEXHIS.IT 'A' 
DESCRIPTION 
EASEMENT NO. 1 
ITEM: F00434 
Page 1 of 2 
A STRIP OF LAND 18.00 FEET WIDE BEING PART OF THE SOUTHEAST 
QUARTER OF SECTION 5, TOW'NSHIP 
NORTH, RA GE .2-WES:T OFTI-tE 
GI I..A AND SALT RrVER MIERI DIAN, MARICOPA COUNTY, ARIZONA. THE 
CEN ER.LINE OF SAJ.O STRIP BEING D SCRIBED· A FOLLOWS: 
C:OMMENCI G AT THE SOUlH1EAST CORNIER OF SAID SECTION 5 FROM 
WHICH THE EAST QUARTE~ CORNEROFSAID SECTION 5 BEARS 
NORTH 00~21'58" EAST A DISTANCE OF2645.20 FEET, AND FROM WHICH 
THE SO UHi QUARTER CORN ER: OF SAi D SAID SE:CTION .5 BEARS NORTH 
89°J1'55" WEST A DIS . A.NC~ OF 2642. 2 fEEl ; H NOE NORTH 89~"37''55'' 
WEST, ALONG SA.ID SOUTH LIN ~ 
THE SOUTHEAST QUARTER OF SAID 
SECTION 5, A DISTANCE OF 658.47 'FEET; THENCE lEAVliNG SAJO SOUTH 
LINE BEARING NORTH 00"22'06• EAST FOR A DIST ANGE OF 46.00 FEET 
TO A POINT BEING !MO FEET SOUTH rn= THE NORTH RIGHT-O:F-WA Y 
LINE OF VAN BUREN STR!EET MARKING 
E POINT OF BEGIN ING: 
HENCE SOUTH 89"37'55" E:AST ALONG A LINE 9.00 FEE SOUTH A D 
PA.RALi.EL TO ,SAID NORTH RIGHT"OF-WAY IL.IN', A DIStANCE OF 72A7 
FEET; THENCE NORTH os·ro·1,,~ EAST, ALD GAU E 9.00 FEET 
EASTERLY AND PARALLEL TO SAID RIGHT-OF-WAY LINE, A 'DISTANCE OF 
10.09 FEET; THENCE SOUTH 8-9°j7'55" EA.ST, ALONG A LINE 9.0!l FEET 
SOUTH A D F'ARAlLEL TO SAi D RIGHT -OF-WAY 
NE, A [IISTA CE OF 
4.98.03 EET~ 
TIHENCE SOU H 8 °52'46" EAST Al..O GA LI E 91.00 FE ET-SOUTH .AND 
PARALLEL TO Sil.ID RIGHT-OF-W.AY UNE. A Dl:S.T~CE OF B7.42 FEET TO 
A POINT ALONG THE EAST U NE Of THE SOUTHEAST QUARTER OF SAID 
SECTION 5, MARKIN,G THE. POINT OF T:ERMINU$ . 
rnoM SAIC POIN OF TERMINUS, 
E sourn AS COf~:N. 
,Qf 
SE:CTION 5 BB.Rs-SOUTH 00•2r5:s• WEST A DISTANCE OF 44.21 FEET; 
THE SIDELi ESOF SAID 18.00 FOOTWIO:E STRIP OF LAND ARE TO BE 
PARALLEL AND 9.00 FEET ON EACl-t SIDE FROM THE SAID CENTER:LI NIE. 
AND ARE AL$O TO BE XTENOEC OR. SI-IORTENEO TO MEET AT A GLE 
POIITTS,. AND T,Q B1SGIN AN!O· TERMI •ATE AT THE RESPEC V SECTION 
AND QUARTER SECTION LINES AS DESCRIBED. 
THIS ieASl:),1 N't IS ASSOCIA'rl;:[J WlfH DM,IGN 
Cot~TAACT FCO NO. 2010 C0:19 
CON~"TRUCTION CON'ifW,.L'"f FCD NO. 2016 C □□2 
'1Nilliam O. Ziaglsr 
R0gisl8"!1CI Land' Sur,,,gyor 
Arll!orul Reglslra 
Nurnhe 64 7 
Ell;Pires 6{30/202~ 
P'AGE1 0F2 
SBS 4376820.3 3/20/2024 
Page 6 of9

Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
EAST 114 CORNGR. 
EXHIBIT'B' 
DEPICTION OF EXHIBIT 'A' 
EASEMENT NO. 1 
SECTION S. T1 N, R2W 
FOUNO'J" SRASS C/liP'(20021 
I 
r,.,r: -cl ,t.J. 
;;J.-. _.JJ 
POINT OF BEGINNING 
ssl°'37'55"E 
sag•37'55,,IE 
72.47 
4118.03' 
N08'03'11"E 10.09' 
E f I 
!lE:C1 1rJII; 
Tl 
'>" ,J 
rmcn1,. 
t 
-. -
..... 
NORTH LINE EASEMENT 
sa 1 ·s2'46"E 87 .42' 
& l'IORTH RIW LINE i S,00' 
• 
) 
, 
N89"37'55'W SSB.4 7' 
•
. N89437"55'W 2642.92' -
&rn ow 
L 
TOWNOI' 
SECTION UNE 
BUCKEYE 
~5'/W.W~ - --•-
----
---------- - -
- :7 
TOWN OF 
POINT OF COMMENCEMENT 
BUGKSYE 
SOVTl·I l/4 CORNE:R. SE"CTION 5 
(C\1.CUU,TE □ l>"-R BOO!( 1016. PACi!: 25, M.C.R.) 
T/1~ map d()es oot 
,epre.seni a monun1en1M 
rand s111v.ey. ~ l's Qflly a 
g/ilphit; clepletloll r:>f the 
arxompany(119 descriptkm 
1HIS EASE!Mi=Ni lS ASSOCIAl'i=O WliH Ol=SIGN 
CONTRACT FCO NO. 2010 C029 
CONSTRUCTION CONlRAC FCO NO. 201!1 CDD2 
SBS 4376820.3 3/20/2024 
l I 
~f:710'l B 
11•1 n~w 
I 
SOUTHEAST CORNER, SECTION s I 
FOUND 3" BRASS CH' 1<Ls11114 r,,>JT' 
O' 
50' 
-100' 
~ 
"= 100' 
1Nilliam O. Ziagler 
Regi!slmed land $uM!yiJt 
Mzooa Rl!!glSl/aliOll Number: 64347 
E);pires 6{3012023 
PAGE:2 Of 2 
Page 7 of9

Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
EXHIBIT 'A' 
DESCRlPTIO.N 
EASEMENT NO. 3 
ITEM: F00436 
Page 1 of2 
14. STR.iP O LANO 11l.OO FEET WIDE BEING A PA~T O THE SOUTHEAST 
OUAfl.TER OF SECTION 4, TOWNSHI 1'11 NORT!-1. RANGE 2 Wt;ST o~ THE 
GILA AND SALT RJVER MERIDIAN. MARIOOPA DOU TY, ARIZONA. THE 
~ NTE.R LINE OF SAID STRIP BtING DESCR18ErMS FOLLOWS: 
.COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 41 
FRO - WI-IICH Tl-iE MUTH AS't CORtU'-1 OF SAID 5 C ION 4 BEARS SOiJlrl 
l%t40'2S" !;AST A DISTANCE OF 2641 .'10 FEET; TI-IENCE NORTH 00"38'42" 
EAST, ALO G THE WEST LINE OF 11-!'E SOUTHWEST QUAfHEROF SAID 
seCt!ON 4, A DISTANCE OF" 36.01 FEST TO lKe POINT OF Bl::GINNING; 
HENGE SOUTT-1 B:2.'2J'37 EAST.A DISTANCE OF JfL5~ FEET TO.A POINT 9.0□ 
FE 
SOUTi'i O TI-IE NORTH RIGHT-CF-WAY UN'· OF VAM euae..~ STRE'.Ef! 
1-\ENCE SOUTtl 89 .. 40'2/3 EAST A'I.ONGA LINE; 9.00 F"EET SOUTI-t AAO 
PARALLEL TO SAID NORTH HIG!-IT-Of -WAY LINE A DISTANCE OF 2602 ,21 
FEET TO A POIN ALOt-ro THE EAST \_INE OF Tt!E SOUTtlEAST QUARTER OF 
SAIO SECTION 4, A~KING 
E OINT OF T MINUS. 
FRO SAID POINT O'F TERMINUS 
'E SOUTHEAST CORNER OF SAID 
SECTION 4 B ARS SOUTH oo· 2•39• WEST A DISTANCE OF -31 ,00 E i , 
• E: S IDELINES·OF M.ID 1 e.oo 1="00 WIDE STRIP ·ARE to BE PAAAI..LE.l AND 
8.00 FEET ON AC SJD 
ROM THE SAi O CE.NT RLI E, ANO ARE 
SO To" 
BE EXTENDS) OR SHORTENED TO ME~T A T ANGLE 'POINTS, A.ND TO BEGIN 
ANO T6RMINATE: AT THE RESPECTIVE SECTION AND OUARTERS:ECTION 
LIN SA$ 0 SCR:lfl.lro.-
THIS EASEMENrT IS ASSOCIATED \IHH IJESIGN 
CONl RACT CD N(I. 20.10 o:i2g 
COtllSTliUGTIOf!J 00-NlRACT FOil NO. :i'Jl~ CQJ:I: 
1 olsson 
SBS 4376820.3 3/20/2024 
7l00~ 1fi.ro~ ::UN:i!:111 
_, r.u,_j 
liL ltl].:r4ft. Jcm-
~j~ 
WIiiiam O. Z]egjer 
R<,rar,e,i,; 
• • I S!J~Qr 
Arw:ma Ragl&ltation Numtier,64347 
e~p;re, ~r,l0.1'2023 
Page 8 of9

Resolution No. FCD 2010R003 
Project No. 201.01.31 
Project Name: White Tanks FRS #4 Outlet Facility 
Item No. F00434 and F00436 
EXHIBIT "B' 
DEPICTION OF EXHIBIT 'A' 
EASEMENT NO. 3 
ITEM: F00436 
Page 2 of2 
• 
• 
I 
',' 
l 
J, 
.• '-
-.1 
· POI.NIT OF 'BEGININIING, 
. ~ SBZ'23'.37'E 3$.54-' 
OESCR ED C9HER1.lt-!E 
NOi:tTH LINE" OE EASE! 
T 
&NOOl"H ~.O.W. LINE: 
4tJ' R.OW iOL!l\'li O S!.>CKl!a"r' 
T/Ji:s, map clci~ mt 
~es-anr a l'fl(Mtm1ei'.lred 
,l;r{IO'f.!.J/\ y, /l' h;i,Wa 
graplm; dep/cti"on of the 
«.COmP nyfng rJM;,,;t,p,'1c{t. 
71>ilS EASEPJE~T IS ASSOCl"'-TED \'llTH DESIGN 
CON !"RA.CT l'CD 0. :l0-10 0029 
C:O~OCTION OONJRACT f001 NO. 2(ml COO? 
--ol':-1"1 
·Cll~N 
ro. -,• 
"II' I• 
IOI• 
l"J.• 
olsson 
1<MJ tfflh H"1! S..., Still 2 
Pf'ioei1i1 .A,Z~-{ffi 
l!L Dai..1~11 UD> 
SBS 4376820.3 3/20/2024 
I , 
POINT OF TE..RMIN'US 
889°40'.28 E .2002.21' 
WIiiiam 0 . Z 
Rctgls'!r.l'llOdl • • &ir;,,yor 
Arazona Reglstralio11 Number. 611347 
f;;<pirt~ 6.130!202-3 
Page 9 of9