C1. 204.01.12_TW-52F-2_OG-RE.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: Triloy Wash
Detention Basin and Floodway
FCD Parcel No.: TW-52F-2
APN: 503-53-045C ptn.

FCD Permit No.: 2021P208
ASLD Ref No.: 56-125011

This Non-Exclusive Roadway Easement is entered into by and between the following

parties

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY,
a political subdivision ofthe State of Arizona

GRANTEE: STATE OF ARIZONA, by and through the Arizona State

Land Department

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, which shall be open to public use, in,
upon, over, under, across, through and along a pOltion of the premises set forth in
instrument number 19890475019, recorded October 13, 1989 in the official records of
Maricopa County ("Burdened Property"). The granted easement, described on the attached
Exhibit "A" ("Easement"), is for the purpose of constructing, operating, repairing and
maintaining a roadway, and appmienances thereto (collectively, the "Roadway"), in

accordance with FCD Right-of-Way Use Permit No. 2021P208 ("FCD Permit").

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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204.01.12_TW-52F-2_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 for the purpose of operation and maintenance
of the flood control project known as the Trilby Wash Detention Basin and Floodway (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, and
GRANTEE’S Roadway located within the Easement, in a state of good repair and in a safe
condition, including without limitation the removal of trash and debris from the Easement.
GRANTEE may enter into an agreement(s) with a third party(ies) to construct and/or operate and
fulfill its maintenance responsibilities; however, the entrance into such agreement shall not relieve
the GRANTEE of the maintenance responsibilities. 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, or that may extend over the Easement, so as to protect the same from

interfering with the maintenance and operation of GRANTEE’S Roadway.

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204.01.12_TW-52F-2_OG-RE

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

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, 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.

In the event GRANTEE fails to install the Roadway within the Easement, 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 GRANTEE 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.

This Easement shall run with the land and is binding on all parties.

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204.01.12_TW-52F-2_OG-RE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:
[ ns Beughan 6/6/2024
47D51DCCBEE54R0.
Paul Baughman, P.E., CFM Date

Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:
50642B0DS65D4CC

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:

[Wage Prk 6/6/2024
CO463D0DE44C4E5

Wayne Peck Date

District General Counsel

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204.01.12_TW-52F-2_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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204.01.12_TW-52F-2_OG-RE

GRANTEE ACCEPTANCE:

STATE OF ARIZONA, by and through the Arizona State Land Department

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA  )

The foregoing instrument was acknowledged before me this Ob day of June
2024, by_ James W. Perry its Deputy Conamissiméyof the State of
Arizona, on behalf of the GRANTEE.

Aen Herman dey

Notary Public (signature)

My Commission Expires: _O4 J oF | ZT

Notary Stamp Seal

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204.01.12_TW-52F-2_OG-RE

Exhibit “A” - Easement
Attached to Non-Exclusive Roadway Easement

EAST-WEST CONNECTOR ROAD
AREA OF PROPOSED IMPROVEMENTS
EXHIBIT

A PARCEL OF LAND LYING 'MTHIN A PORTION OF THE SOUTHEAST QUARTER OF SECTION
11, TOWNSHIP 4 NORTH, RANGE 7 WEST, OF THE GILA AND SALT RIVER BASE ANO
MERIDIAN, MARIGOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;

COMMENCING AT A FOUND STONE MARKING THE EAST QUARTER CORNER OF SAID SECTION
11, FROM WHICH A SRASS CAP FLUSH MARKING THE CENTER OF SAID SECTION 11 BEARS
NORTH 89°47'38" WEST, A DISTANCE OF 2647.89 FEET;

THENCE NORTH &9'47°38" WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 11, 4 DISTANCE OF 974,70" TO A POINT ON THE EAST LINE OF THAT
PROPERTY AS DESCRIBED IN DOCUMENT #890475019, RECORDS OF MARICOPA COUNTY,
ARIZONA;

THENCE SOUTH 75°40°22" WEST, ALONG SAID EAST LINE, & DISTANCE OF 44.82 FEET;

THENCE SQUTH 06°27'38" EAST, CONTINUING ALONG SAID EAST LINE, A DISTANCE OF
6HO,52 FEET TO THE POINT OF BEGINNING;

THENCE SOUTH G6" 27’ 38” EAST, A DISTANCE OF 85.96 FEET;
THENCE SOUTH 89° 26° 09" WEST, A DISTANCE OF 235.97 FEET;
THENCE NORTH 85° 18’ 42" WEST, A DISTANCE OF 178.45 FEET;
THENCE SOUTH 66° 08’ 33” WEST, A DISTANCE OF 41,70 FEET;
THENCE NORTH 46° 08’ 14” WEST, A DISTANCE OF 25.28 FEET;
THENCE NORTH 88° 29' 48" WEST, A GISTANCE OF 69.91 FEET;
THENCE SOUTH 32° 28' 54” WEST, A DISTANCE OF 71.97 FEET;
THENCE SQUTH 78° 39° 07” WEST, A DISTANCE OF 114,01 FEET;
THENCE NORTH 88' 51° 54" WEST, & DISTANCE OF 75.15 FEET;
THENCE NORTH 38° O3' 35" WEST, A DISTANCE OF 252.53 FEET;
THENCE NORTH 70’ 33' G5" WEST, A SISTANCE OF 67,52 FEET;
THENCE NORTH 84° 13° 30" WEST, 4 DISTANCE OF 146.16 FEET;
THENCE SOUTH 38° 15' 15" WEST, A DISTANCE OF 28.61 FEET;
THENCE NORTH 81° 19’ 09" WEST, A BISTANCE OF 20.00 FEET;
THENCE NORTH 02" 33' 45" WEST, A DISTANCE OF 24.70 FEET:
THENCE NORTH 85° 34’ 5?" WEST, A DISTANCE OF 141.35 FEET;
THENCE NORTH 08 13’ 47" EAST, A DISTANCE OF 80,70 FEET;
THENCE NORTH 77° 29' 17" EAST, A DISTANCE OF 63.01 FEET;
THENCE NORTH 84° 25' 17" EAST, A DISTANCE OF 74.63 FEET;

PAGE 1 OF 4

TITLE: XB14
SCALE: ENGINEERING GiVIL AND SURVEY
DATE: 08/99/22 1945 8. 74TH ST., SUITE 2!

5C (NECTOR sora et 33
DESC: Ron F ata 991 33l |PROUNG SILA

ROAD xBOT4
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204.01.12_TW-52F-2_OG-RE

Exhibit “A” - continued
Attached to Non-Exclusive Roadway Easement

EAST-WEST CONNECTOR ROAD
AREA OF PROPOSED IMPROVEMENTS
EXHIBIT

THENCE NORTH 41° 58’ 23” EAST, & DISTANCE OF 27,93 FEET;
THENCE SOUTH 81° 78° 09" EAST, A DISTANCE OF 20,00 FEET;
THENCE SOUTH 25° 43’ 17" EAST, A DISTANCE OF 23.70 FEET;
THENCE NORTH 89° 49' 37" EAST, A DISTANCE OF 33.74 FEET;
THENCE NORTH 71° 58’ 25" EAST, 4 DISTANCE OF 120.73 FEET;
THENCE NORTH 38° 15' 44” EAST, & DISTANCE OF 44,77 FEET;
THENCE NORTH 18° 39° 01" EAST, A DISTANCE OF 148,44 FEET;
THENCE SQUTH 84° 07" 59” EAST, 4 DISTANCE OF 113.00 FEET;
THENCE SOUTH 70° 07' 21" EAST, & DISTANCE OF 90.16 FEET:
THENCE SOUTH 47° 20' 59" EAST, A DISTANCE OF 89.48 FEET;
THENCE SOUTH 73° 14° 59” EAST, A DISTANCE OF 64.34 FEET;
THENCE SOUTH 80° 40° 40" EAST, A DISTANCE OF 106.16 FEET;

AD

4

THENCE SOUTH 78° 10° GQ" EAST, ISTANCE OF 119.60;
THENCE SQUTH &d* 33° 28” EAST, A DISTANCE OF 387.41 FEET TQ THE POINT OF
BEGINNING.

SAID DESCRIPTIGN CONTAINING 5.26 AC...

PAGE 2 OF 4
TITLE: XB14 HUNTER
CALE: ENGINEERING VIL AND SURVEY

DATE: 08/29/22 40450 8. 74TH ST, SUITE 220

nee. , SCQTTSOALE, sd etd

DESC: CONNECTOR F tp) oil 3883 |[PROU.NO SILAGOT

RGAD “BOTS
Page 8 of 10

204,01.12_TW-52F-2_OG-RE

Exhibit “A” - continued
Attached to Non-Exclusive Roadway Easement

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204.01.12_TW-52F-2_OG-RE

Exhibit “A” - continued
Attached to Non-Exclusive Roadway Easement

EAST-WEST CONNECTOR ROAD
AREA OF PROPOSED IMPROVEMENTS
EXHIBIT
UNE TABLE LINE TABLE
UNE | BEARING DISTANCE. LINE | BEARING DISTANCE
LI | S06°27'38"E 85,96" L18 | N77°29'17"E 63,01"
L2 | sag'26'o9"W | 235.97' LI9 | N84°25'17"E 74.63
LS | NABT8’42"W | 178.45" L20 | N41°58'23"E 27.93
L4 | s65'08'33"W 41.70 L2i | 38119°09"E 20.00'
LS | N46708'14"W 25,28" L22 | S25'437"E 23.70"
L6 | N&8'29"48"W 69.91" L23 | N89°49°37"E 33.74
L? | $32°26'64"W 7197" L24 | N71°58'26"E | 120,73'
LA | sia‘sg’or"w 114.01° L25 | N3815'44"E 44.77
LO | Nes eI’54"W 75.45! L26 | NI8‘s9"0I"E | 148.44"
LiO | N38'03'35"W | 252.53" L27 | $84°07'S9"E | 113.00°
Lit | N7O33'O5°w 67,52" L28 | s1oo?'2t"E 90.16"
Lid | N841s30"W | 146.16 L289 | $41'20'59"E 89.48°
LIS | SS8'15'15"W 28.67 L30 | $1374’59"E 64,354"
Li4 | Naiia'os"wW 20.00' L31 | S80°40'40"E | 106.16"
Li5 | NOZ‘S3'45°W 24,70 L32 | s7O10'00"E | 119.60"
L16 | N&5'34'57"W | 141,35" L33 | S84°33'28"E | 387.44"
Lt? | NOB *S'47"E 80,70"
PAGE 4 OF 4
TITLE: XB14 HUNTER
SCALE: ENGINEERING cIvIL AND SURVEY
DATE: G8 /29/22 19450 8. 74TH ST. SUMTE 200
“ SCOTTSDALE, AZ AREA
ESC: Ronee TOR F tua $31 3308 [PROJ.NO SILAOOt
xBOts

A

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204.01.12_TW-52F-2_OG-RE