B. EASEMENT FOR FLOOD CONTROL PURPOSES.PDF
Extracted text (via pymupdf)
17316 characters
When recorded, Return to:
Maricopa County
Real Estate Department [JR]
EXEMPT ARS 11-1134, A3
Resolution #C-69-17-017-6-00
EASEMENT FOR FLOOD CONTROL PURPOSES
Project No.: 341.01.30
Project Name: Sunnycove FRS Seepage Collection System Improvements
Assessor's Parcel No.: 505-28-011C
Item No.: F00395
This easement for flood control purposes is entered into as of the last date executed below by and between
the following parties.
GRANTOR:
GRANTEE:
TOWN OF WICKENBURG, a municipal corporation of the State of
Arizona
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 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 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, operation,
repair, and maintenance of components of an underground seepage collection system that was originally
installed within the area described in that certain Easement and Agreement for Flood Control Purposes
recorded in the office of the Maricopa County Recorder ("MCR") as Docket 10731, Page 655 on July 9,
1974; as well as an above-ground weir box, ditch, principal outlet with headwall, and all associated
appurtenances (collectively "Facility"), together with: (1) the right of unrestricted ingress and egress
across GRANTOR'S property to access the Easement Area as well as the continued right of ingress and
egress across GRANTOR'S property via that certain Non-exclusive Ingress and Egress Easement and
Agreement recorded in the MCR as Document Number 2013-0534334 on June 11, 2013, to said flood
control Facility and the Sunnycove Dam, including all incidental purposes consistent therewith; (2) the
right, but not the obligation, to cut back and trim such portions of trees and vegetation that obstructs or
interferes with the efficient maintenance and operation of the Facility and access roads; and (3) the right
Project Name: Sunnycove FRS Seepage Collection System Improvements
Assessor's Parcel No.: 505-28-011C
Item No.: F00395
Page 1 of 9
to maintain the integrity of the Facility, including all incidental purposes consistent therewith, and
measure flows discharging from 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. 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 facility, or GRANTOR-authorized facility, causes interference with
GRANTEE'S Facility, then the GRANTOR and/or the facility owner shall, at its sole cost and expense,
take all necessary action to eliminate such interference.
The GRANTEE shall, at its sole cost and expense, maintain the flood control 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. GRANTOR assumes all risk of damage to its
property resulting from the Easement Area functioning for flood control purposes.
In the event GRANTEE removes the Facility, or in the event the Easement ceases to be used for
the purposes it was granted, 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 is no longer being used for the
purpose it was granted or has been abandoned. In such event, GRANTEE shall respond to GRANTOR
as to whether the Easement Property is still being used for flood control purposes or has been abandoned.
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.
GRANTOR and GRANTEE, individually as "lndemnitor," shall indemnify, defend and hold
harmless the other party to this Easement ("lndemnitee") including agents, officers, directors and
Project Name: Sunnycove FRS Seepage Collection System Improvements
Assessor's Parcel No.: 505-28-011C
Item No.: F00395
Page 2 of 9
employees thereof, from and against all losses, expenses, or damages of any nature whatsoever that arise
out of any negligent act or omission of either lndemnitor pursuant to this Easement, including but not
limited to reasonable attorney's fees, court costs, and other expenses relating to the defense against claims
or litigation incurred by lndemnitee. Notwithstanding the above, this Indemnification shall not apply to
any damage or loss incurred by anyone as a result of the Grantee fulfilling its statutory obligations
according to law. lndemnitee shall be liable for its own negligence or wrongful acts as provided by law.
In no event shall the lndemnitor owe or be obligated to pay any amounts which the lndemnitee has not
actually paid or has no actual obligation to pay.
This Easement shall run with the land and shall be binding upon the parties.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURES PAGE(S) FOLLOW
Project Name: Sunnycove FRS Seepage Collection System Improvements
Assessor's Parcel No.: 505-28-011C
Item No.: F00395
Page 3 of 9
NBURG, a municipal corporation of the State of Arizona
TO
By
GRANTOR:
ATTEST:
Amy
Date:Bro til'ow Clerk
Date:
57/8 / 202-0
APPROVED AS TO FORM:
ish Stuhal-r;--To_wn_Attofney
Gust Rosenfeld PLC
Project Name: Sunnycove FRS Seepage Collection System Improvements
Assessor's Parcel No.: 505-28-011C
Item No.: F00395
Page 4 of 9
Ri of Wa3k/Agent
RECOMMENDED FOR APPROVAL:
5160E0
tookraPilitr'
Real Property Manager
RECOMMENDED FOR APPROVAL:
APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT
BOARD OF DIRECTORS OF
OF MARICOPA COUNTY
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
60f6 eootsaPAAT
Michael A. Fulton, Director
Date
Chairman of the Board
9ao No-TAM-
ATTEST:
Michelle Colby, SR/WA Date
Director, Real Estate Department
Date:
Clerk of the Board
Approved as to form and within the powers and
authority granted to the Board of Directors.
mNe-i3
i J OMIrttAfer
General Counsel
Date
Project Name: Sunnycove FRS Seepage Collection System Improvements
Assessor's Parcel No.: 505-28-011C
Item No.: F00395
Page 5 of 9
DocuSign Envelope ID: 50608C32-F6F7-4B95-BFE0-8FAC5127E263
RECOMMENDED FOR APPROVAL:
Ri t of Wa Agent (t.---6
,--DocuSigned by:
Ktinde4.17,
19/1.v7.4/
•---BEE3A58FF2B8416...
Real Property Manager
RECOMMENDED FOR APPROVAL:
APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT
BOARD OF DIRECTORS OF
OF MARICOPA COUNTY
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
1.---DocuSigned by:
kidkati, FuttatA,
\-----61D71DC47EBB48C...
Michael A. Fulton, Director
DocuSigned by:
6/2/2020
Date
Chairman of the Board
L iguILG CoUiti
CDE1B242B94C43A...
6/2/2020
ATTEST:
Michelle Colby, SR/WA Date
Director, Real Estate Department
Clerk of the Board
Date:
BD2oEcouSigned by:
w
puk
ESD-1-01X15241:1"...
General Counsel
Date
Approved as to form and within the powers and
authority granted to the Board of Directors.
E
6/2/2020
Project Name: Sunnycove FRS Seepage Collection System Improvements
Assessor's Parcel No.: 505-28-011C
Item No.: F00395
Page 5 of 9
Exhibit "A"
Attached to Flood Control Easement
Parcel No. 505-28-011C
Project No. 341.01.30
SUNNYCOVE FRS SEEPAGE COLLECTION SYSTEM IMPROVEMENTS
Item No, F00395-FCE
LEGAL DESCRIPTION FOR FLOOD CONTROL EASEMENT
Three parcels of land in the Southeast Quarter of the Southeast Quarter of Section Eleven, Township
Seven North, Range Five West of the Gila and Salt River Base and Meridian, and being more
particularly described as follows:
F00395-FCE-1
Commencing at the Southeast corner of said Section 11, being a GLO brass cap, from which the South
quarter corner of said Section 11, a GLO brass cap flush, bears North 89°41'12" West, for a distance of
2649.26 feet;
thence along the South line said Section 11 North 89°41'12" West, for a distance of 678.98 feet to the
East property line of the parcel described in Document 1974-0171830, Maricopa County Records;
thence along said East property line North 00°31'21" East, for a distance of 178.25 feet;
thence continuing along said East property line North 09°46'45" West, for a distance of 163.85 feet;
thence continuing along said East property line North 26°55'56" West, for a distance of 124.69 feet to
the Point of Beginning;
thence continuing along said East property line North 26°55'56" West, for a distance of 8.38 feet;
thence departing said East property line North 49°31'34" East, for a distance of 60.38 feet to a point on
the northerly line of the easement described in Document 1974-0317789 as "Exhibit D", Maricopa
County Records, said point also being the beginning of a non-tangent curve concave to the northwest
having a radius of 355.19 feet, and to which point a radial line bears South 52°59'40" East;
thence southwesterly along the arc of said curve having a central angle of 10°09'20", for an arc
distance of 62.96 feet to the Point of Beginning.
The above described parcel contains 304 square feet or 0.0070 acres, more or less, and is depicted on
the attached Exhibit "B".
F00395-FCE-2
Commencing at the Southeast corner of said Section 11, being a GLO brass cap, from which the South
quarter corner of said Section 11, a GLO brass cap flush, bears North 89°41'12" West, for a distance of
2649.26 feet;
thence along the South line said Section 11 North 89°4112" West, for a distance of 678.98 feet to the
East property line of the parcel described in Document 1974-0171830, Maricopa County Records;
thence along said East property line North 00°31'21" East, for a distance of 178.25 feet;
thence continuing along said East property line North 09°46'45" West, for a distance of 163.85 feet;
thence continuing along said East property line North 26°55'56" West, for a distance of 124.69 feet to a
point on the northerly line of the easement described in Document 1974-0317789 as "Exhibit D",
Maricopa County Records, said point also being the beginning of a non-tangent curve concave to the
northwest having a radius of 355.19 feet, and to which point a radial line bears South 42°5021" East;
thence northeasterly along the arc of said curve having a central angle of 21 0 1600, for an arc distance
of 131.84 feet to the Point of Beginning;
Continued on next page
DATE
Page 1 of 2
Page 6 of 9
GRANTOR
thence departing said northerly easement line North 04'32'37" East, for a distance of 113.90 feet;
thence North 04 05113" East, for a distance of 98.13 feet;
thence South 89°41'19" East, for a distance of 18.72 feet;
thence South 00°22'59" West, for a distance of 58.47 feet to a point on said northerly easement line,
said point also being the beginning of a tangent curve concave to the west having a radius of 355.19
feet;
thence southerly along the arc of said curve having a central angle of 25°3042", for an arc distance of
158.15 feet to the Point of Beginning.
The above described parcel contains 3,940 square feet or 0.0905 acres, more or less, and is depicted on
the attached Exhibit "B".
F00395-FCE -3
Commencing at the Southeast corner of said Section 11, being a GLO brass cap, from which the South
quarter corner of said Section 11, a GLO brass cap flush, bears North 89°41'12" West, for a distance of
2649.26 feet;
thence along the South line said Section 11 North 89 041 112" West, for a distance of 678.98 feet to the
East property line of the parcel described in Document 1974-0171830, Mancopa County Records;
thence along said East property line North 00°31'21" East, for a distance of 178.25 feet;
thence continuing along said East property line North 09 046145" West, for a distance of 163.85 feet;
thence continuing along said East property line North 26 055 156" West, for a distance of 103.94 feet to a
point on the southerly line of the easement described in Document 1974-0317789 as "Exhibit D",
Maricopa County Records, said point also being the beginning of a non-tangent curve concave to the
northwest having a radius of 375.19 feet, and to which point a radial line bears South 41 058 114" East;
thence northeasterly along the arc of said curve having a central angle of 06 029 159 11, for an arc distance
of 42.56 feet to the Point of Beginning;
thence continuing northerly along the arc of a curve concave to the west having a radius of 375.19 feet,
and to which point a radial line bears South 48 028 113" East, having a central angle of 40°26'12", for an
arc distance of 264.79 feet;
thence departing said southerly easement line South 01 005 135" West, for a distance of 158.91 feet;
thence South 49 032 148" West, for a distance of 64.20 feet;
thence South 27 00106" West, for a distance of 9.74 feet;
thence South 49 031 106" West, for a distance of 49.88 feet to the Point of Beginning.
The above described parcel contains 3,071 square feet or 0.0705 acres, more or less, and is depicted on
the attached Exhibit "B".
The combined three above described parcels contain 7,315 square feet or 0.1680 acres more or less.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 03/11/2020 HP
Chic
Appra
-:
Rev:
Maricopa County Real Estate Department
GRANTOR DATE
Page 2 of 2
Page 7
Palo Verde Dr
S.E.1/4 S.E 1/4 SECTION 11
Existing 20' Wide Flood Control Easement
described in Doc. 1974-0317789
as "Exhibit D", M.CR.
__.----------.::.:
-.:
--;-_=--- .. --
-- --'----
-_-.-
ii------
__.
Not to Scale
.----
F00395-FCE-2
/
/
SEE DETAIL A
SHEET 2
505-28-011C
East Property Line of the
Parcel Described in Doc.
1974-0171830, M.C.R.
505-28-011B
54 COR SEC 11
N4 COR SEC 14
T7N, R5W
F00395-FCE-1 Area: 304 square feet or 0.0070 acres
F00395-FCE-2 Area: 3,940 square feet or 0.0905 acres
F00395-FCE-3 Area: 3,071 square feet or 0.0705 acres
Total Req'd. Area: 7,315 square feet or 0.1680 acres
Exhibit "B", Attached to Flood Control Easement
NO.
BEARING
LENGTH
Li
N 89°41'12" W
678.98'
L2
N 00°31'21" E
178.25'
L3
N 09°46'45" W
163.85'
L4
N 26°55'56" W
124.69'
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
APN 505-28-011C SUNNYCOVE FRS SEEPAGE COLLECTION SYSTEM IMPROVEMENTS
PROJECT No. 341.01.30
ITEM No. F00395-FCE
DATE 04/07/2020
R/W J.R. Tech HP
Page 8 of 9
1 of 2
SEE SHEET 1
DETAIL A
Exhibit "B", Attached to Flood Control Easement
NO.
BEARING
LENGTH
L7
N 26°55'56" W
124.69'
L8
N 04032 137" E
113.90'
L9
N 04051 113" E
98.13'
L10
S 89°41'19" E
18.72'
L11
S 00°22'59" W
58.47'
Existing 20' Wide Flood Control Easement
described in Doc. 1974-0317789
as "Exhibit D", M.C.R.
L10
Not to Scale
NO
RADIUS
DELTA
TANGENT
02
355.19'
21 01600" 131.84
66.69'
Ell 355.19'
25°30'42" 158.15'
80.41'
NO.
RAD BEARING LENGTH
RBI
S 52°59'40" E
355.19'
RB2
S 42°50'21" E
355.19'
RB3
S 41°58'14" E
375.19'
F00395-FCE-2
East Property Line of the
Parcel Described in Doc.
1974-0171830, M.C.R.
F00395-FCE-3
P.O.B.
505-28-011C
57
505-28-011B
NO.
BEARING
LENGTH
L1
N 89°41'12" W
678.98'
L2
N 00°31'21" E
178.25'
L3
N 09°46'45" W
163.85'
L4
N 26°55'56"W
124.69'
L5
N 26°55'56" W
8,38'
L6
N 49°31'34" E
60.38'
NO.
RADIUS
DELTA
LENGTH TANGENT
CI
355.19' _10°09'20"
62.96'
31.56'
F00395-FCE-1 Area: 304 square feet or 0.0070 acres
F00395-FCE-2 Area: 3,940 square feet or 0.0905 acres
F00395-FCE-3 Area: 3,071 square feet or 0.0705 acres
Total Req'd. Area: 7,315 square feet or 0.1680 acres
P.O.B.
NO.
BEARING
LENGTH
L12
N 26°55'56" W
103.94'
L13
S 01°05'35" W
158.91'
L14
S 49°32'48" W
64.20'
L15
S 27°01'06" W
9.74'
L16
S 49°31'06" W
49.88'
NO.
RADIUS
DELTA
LENGTH TANGENT
04
375.19'
06°29'59"
42.56'
21.30'
C5
375.19'
40026'12" 264.79'
138.18'
2 of 2
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
APN 505-28-011C SUNNYCOVE FRS SEEPAGE COLLECTION SYSTEM IMPROVEMENTS
PROJECT No. 341.01.30
ITEM No. F00395-FCE
DATE 04/07/2020
R/W J.R. Tech HP
Page 9 of 9