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EXEMPT PER A.R.S. §11-1134, A2 ARIZONA DEPARTMENT OF TRANSPORTATION ACCESS EASEMENT The STATE OF ARIZONA, acting by and through its Department of Transportation, the Grantor, does hereby grant and convey to the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona, and its successors or assigns, the Grantee, a non-exclusive perpetual easement for access over that certain real property situated in Maricopa County Arizona, described as: SEE EXHIBIT “A” ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. The access easement herein granted shall continue in effect, subject to the terms and conditions stated below, until such time as it is no longer required by the Grantee, or its assigns, and shall cease and terminate upon resolution by the governing body of the entity holding said easement interest. The resolution shall take effect when recorded in the office of the County Recorder of the county in which the easement is located. FOR AND IN CONSIDERATION of the granting of said access easement the Grantee hereby agrees, covenants and binds said Grantee as follows: 1, As much as legally permissible, the Grantee hereby agrees to save and hold harmless the State, any of its departments, officers or employees from all cost and damage incurred by any of the above and from any other damage to any person or property whatsoever which is caused by any activity, condition or event arising out of the performance or non-performance of any act or by exercise of easement by Grantee, any of its agents or any of its independent contractors. (continued) PAGE 1 PROJECT: 024 MA 000 H686701R_ LOCATION: SR 202L — Meridian Road PARCEL: 7-10740 cg 06/18/2020 2. The lands to which access is hereby permitted lie below the traveled way State Route 24 (GATEWAY FREEWAY). No right or easement of direct access to said highway is conveyed by this easement. 3. In the event that the activity of the Grantee shall result in damage to any of the structures of the Grantor, Grantee shall immediately inform Grantor of said damage and of its nature and extent. All repair work shall be done at the sole cost and expense of the Grantee and performed in the manner and of such materials as directed by the Grantor and shall be subject to the Grantor’s inspection and approval. If the repair is performed by the Grantor, the Grantee shall promptly and completely reimburse the Grantor for its expenses. 4. Grantee shall not permit or allow any condition to exist which would be a hazard or source of danger to the traveling public. INTENTIONALLY LEFT BLANK (continued) PAGE 2 PROJECT: 024 MA 000 H686701R LOCATION: SR 202L — Meridian Road PARCEL: 7-10740 cg 06/18/2020 IN WITNESS WHEREOF this instrument is executed this_2/°* day of J¥LY 2020, ARIZONA DEPARTMENT OF TRANSPORTATION ~ Awl J. Ld Right of Way Administrator NOTARY CERTIFICATION STATE OF ARIZONA ) ) ss. County of Maricopa ) >, st Tt : The foregoing instrument was acknowledged before me this 2 ! day of S VLY 20¢t0 by Paula I. Gibson, the Right of Way Administrator of the Arizona Department of Transportation, who acknowledged that she executed this instrument for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. [ Dal ignature My commission expires: _@ © (zs [ 22. DENNIS J. HALEY SEAL here Notary Public, State of Arizona Maricopa County My Commission Expires June 25, 2022 (continued) PAGE 3 PROJECT: 024 MA 000 H6867 01R LOCATION: SR 202L — Meridian Road PARCEL: 7-10740 cg 06/18/2020 GRANTEE ACCEPTANCE Resolution FCD 99-06 Project: Powerline Floodway FCD Parcel: F-2529 RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Seok mye 28, Lovo Michael A. Fulton Date Chairman of the Board Date Director 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 Directors of the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of » 20 Notary Public (signature) REAL ESTATE DEPARTMENT APPROVAL: Didi ZA zapror Michelle Colby, SR/WA_) ‘Date Director APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona and Maricopa County. Wayne J. Peck District General Counsel Date PAGE 4 PROJECT: 024 MA 000 H686701R LOCATION: SR 202L—MeridianRoad | PARCEL: 7-10740 cg 06/18/2020 August 13, 2020 DESCRIPTION FOR ACCESS EASEMENT That portion of the North half of the Northeast quarter (N/“4ZNE%) of Section 28, Township 1 South, Range 7 East, Gila and Salt River Meridian, Maricopa County, Arizona, described as follows: COMMENCING at 3 inch GLO brass cap marking the North quarter corner of said Section 28, being North 89°28’28” West 2631.33 feet from a 3 inch MCDOT brass cap in a hand hole marking the Northeast corner of said Section 28; thence along the North — South mid section line of said Section 28 South 01°02’13” East 55.02 feet to the POINT OF BEGINNING; thence South 89°28'28" East 2115.66 feet; thence South 00°31'32" West 20.00 feet; thence North 89°28'28" West 635.00 feet; thence South 57°19'50" West 85.51 feet; thence South 66°58'58" West 27.17 feet; thence South 41°52'16" West 92.08 feet; thence South 26°12'37" West 67.01 feet; thence North 30°33'53" West 112.00 feet; thence North 60°32'20" West 74.20 feet; thence North 78°41'45" West 68.42 feet; thence North 69°46'49" West 111.52 feet; thence North 89°28'28" West 696.44 feet; (continued) EXHIBIT “&” PAGE 1 PROJECT: 024 MA 000 H6867 01R LOCATION: SR 202L - Meridian Rd PARCEL: 7-10740 cg 06/18/2020 thence South 67°11'26" West 42.94 feet; thence North 89°28'10" West 139.21 feet; thence North 63°22'49" West 38.64 feet; thence North 89°28'28" West 88.88 feet to said North — South mid section line of Section 28; thence along said North - South mid section line of Section 28 North 01°02713” West 25.01 feet to the POINT OF BEGINNING; EXHIBIT “&” PAGE 2 PROJECT: 024 MA 000 H6867 01R LOCATION: SR 202L - Meridian Rd PARCEL: 7-10740 cg 06/18/2020