A. NON EXCUSIVE DRAINAGE EASEMNET.PDF
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When recorded, return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (HL)
EXEMPT ARS § 11-1134,A2
FCD 1999R016
NON-EXCUSIVE DRAINAGE EASEMENT
FCD Project: Agua Fria River
FCD Parcel No.: A-11048, A-11053
APN: 501-75-013A, 501-74-010A
FCD Permit No.: L98-19
This non-exclusive Drainage Easement is entered into this
day of
between the following parties.
,20
, by and
GRANTOR:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
GRANTEE:
CITY OF AVONDALE, an Arizona municipal corporation
FOR AND IN CONSIDERATION OF THE SUM of Five Hundred and 00/100 DOLLARS
($500.00), and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTOR does hereby grant and convey to GRANTEE a Non-Exclusive
Drainage easement ("Easement") over and across the premises described in the attached Exhibit
"A" ("Easement Property") for the purpose of constructing, operating, repairing and maintaining
a drainage pipe ("Facility") and appurtenances thereto.
GRANTEE shall, in accordance with FCD Permit No.: L98-19, also have the right of
ingress and egress to, from, across, and along that portion of GRANTOR's property known as Agua
Fria River Levee Maintenance Roads ("Access Area").
Page 1 of 5
FCD Easement Outgrant Form
Approved 12/4/20191 Rice
This Easement and associated access right are, 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 Facility resulting from the property functioning as a flood control project.
The GRANTEE shall, at its sole cost and expense, maintain the Easement Property,
Access Area, and GRANTEE' s Facility 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 herein shall include the right 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
efficient maintenance and operation of said Facility.
After the initial installation of GRANTEE'S Facility in accordance with FCD Permit No.:
L98-19, any subsequent modifications to the GRANTEE'S Facility or the Easement Property by
GRANTEE will require GRANTEE to obtain a new permit from GRANTOR. GRANTEE shall
submit plans for the modifications for GRANTOR'S approval and GRANTOR will review said
plans in accordance with the GRANTOR'S permit approval process.
In the event the Facility and/or personal property belonging to the GRANTEE interferes
with GRANTOR'S use of the Easement Property, or the land within the Easement is needed to
construct, maintain, or relocate any portion of GRANTOR'S flood control project and/or
structure, GRANTEE shall, at GRANTOR'S request and GRANTEE'S sole expense, relocate,
remove, lower or raise the GRANTEE'S Facility and/or relocate GRANTEE'S personal property,
within a mutually agreed-upon time.
GRANTEE agrees to indemnify GRANTOR for any and all damages caused by or
arising from the exercise of GRANTEE'S rights pursuant to the terms of this Easement, except
FCD Project: Agua Fria River
APN: 501-75-013A, 501-74-010A
FCD Parcel No.: A-11048, A-11053
Page 2 of 5
FCD Permit No.: L98-19
FCD Easement Outgrant Form
Approved 12/4/2019 Rice
such injury or damages caused by or arising from the gross negligence or willfulness of
GRANTOR, its officers, employees, agents or contractors.
In the event GRANTEE fails to install the Facility within the Easement Property, or in the
event GRANTEE removes the Facility, or in the event the Facility 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 Property has been abandoned, or in
the event GRANTEE shall fail to reply that there has been no intent to abandon the Easement
Property 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.
SUBJECT TO zoning, other governmental restrictions which include, but are not limited
to, environmental, archaeological, and cultural regulations, and all 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.
The rights and privileges granted in this Easement are solely for the benefit of GRANTEE
to use the Easement Property and Access Area for the purpose stated herein. The granted rights do
not include the right to permit and/or grant any other use of the Easement Property or Access Area
to another party.
This Easement shall run with the land and is binding on both parties.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
FCD Project: Agua Fria River
APN: 501-75-013A, 501-74-010A
FCD Parcel No.: A-11048, A-11053
Page 3 of 5
FCD Permit No.: L98-19
FCD Easement Outgrant Form
Approved 12/4/20191 Rice
GRANTOR:
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
0112,0Z0
Date
APPROVED AND ACCEPTED:
BOARD OF DIRECTORS OF
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
Chairman of the Board
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:
".1.Alio2.-c>
Michelle Colby, SR/WA L-)
Date
Director
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona and Maricopa County.
l2Ct-r=eneral Counsel Date
FCD Project: Agua Fria River
APN: 501-75-013A, 501-74-010A
FCD Parcel No.: A-11048, A-11053
Page 4 of 5
FCD Permit No.: L98-19
FCD Easement Outgrant Form
Approved 12/4/20191 Rice
BOBBIE J. COLVIN
Nola", Pitic - Ma of Arizona
MARICOPA COUNTY
My Commission Expires
May 21, 2021
Notary Public ('signature)
GRANTEE:
ACCEPTANCE AND APPROVAL:
City of Avon le, an Arizona Municipal Corporation
Avon
,
N VO /17",
so
, ,,
1..‘,/ce %:%.17%
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:—:z DEC 16 Tn .:
tOk. 1946 I
Marcella Canino, City Clerk‘ .....:TR/Z0V‘‘7 I
• 00$
,,,,,,,,,,,,,,,,,,,,,,,,,
Michael Wawro, City Attorney
obeli t, Col v
, Notary Public in and for said County, State of
Arizona, on.this day personally appeared ketinbey, mese
, known to me to be
the Mayor of the City of Avondale, Arizona, Maricopa County.
Given under my hand and seal of the office this 01 $1-day of jayukanj
, 202.
Kenneth Wise, Mayor
Attest
Before me,
FCD Project: Agua Fria River
APN: 501-75-013A, 501-74-010A
FCD Parcel No.: A-11048, A-11053
Page 5 of 5
FCD Permit No.: L98-19
FCD Easement Outgrant Form
Approved 12/4/2019 J Rice
lLand
47537
JASON P.
GRAHAM A
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
OUTFALL EASEMENT
OVER A PART OF APN 501-75-013A
A PARCEL OF LAND SITUATED IN A PART OF THE NORTHEAST QUARTER OF SECTION 35,
TOWNSHIP 2 NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, AND BEING A 10 FOOT WIDE STRIP OF LAND, THE LIMITS OF WHICH LIE 5.00
FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED REFERENCE LINE:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 35, FROM WHICH THE
NORTHEAST CORNER OF SAID SECTION 35 BEARS NORTH 00 DEGREES 22 MINUTES 51 SECONDS
EAST, A DISTANCE OF 2640.72 FEET;
THENCE SOUTH 51 DEGREES 39 MINUTES 07 SECONDS WEST, A DISTANCE OF 160.56 FEET TO A
POINT ON THE EAST LINE OF TRACT G OF TIERRA AT RANCHO SANTA FE AS RECORDED IN BOOK
384 OF MAPS ON PAGE 28, MARICOPA COUNTY RECORDS, ARIZONA AND THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED REFERENCE LINE FROM WHICH THE SOUTHEAST CORNER
OF SAID TRACT G BEARS SOUTH 40 DEGREES 38 MINUTES 34 SECONDS WEST, A DISTANCE OF
6.20 FEET;
THENCE SOUTH 46 DEGREES 53 MINUTES 10 SECONDS EAST, A DISTANCE OF 106.56 FEET TO THE
POINT OF TERMINATION.
THE SIDE LINES OF SAID 10 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED TO
TERMINATE AT THE RESPECTIVE PROPERTY LINES AND CONTAINING A COMPUTED AREA OF
1066 SQUARE FEET OR 0.024 ACRES OF LAND, MORE OR LESS.
THE ATTACHED EXHIBIT 'A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
DEC 2019
DIBBLE ENGINEERING
WELL 12
PAGE 1
PROJECT NO 1019177
POINT OF
TERMINATION
THIS IS NOT A PROPERTY
BOUNDARY SURVEY.
TIERRA AT RANCHO
SANTA FE
BK 384, PG 28, MCR
NTS
PARCEL AREA:
1066 SF OR
0.024 ACRES
APN 501-75-013A
DKT 16112 PG 181
MCFCD
Dibble
Engineering .
Dibble Engineering
Project No 1019177
FD BRASS CAP FLUSH
NE COR SEC 35, T2N, R1W
EXHIBIT "B"
10' OUTFALL EASEM NT
A PART OF THE NORTHEAST 1/4 OF
SECTION 35, T2N, R1W, GILA 8c SALT RIVER
MERIDIAN, MARICOPA COUNTY, ARIZONA
DATE: DEC 2019
DRN: CSD CHK: JPG PAGE 2
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Art. '
47537
JASON P.
GRAHAM A
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
OUTFALL EASEMENT
OVER A PART OF APN 501-74-010A
A PARCEL OF LAND SITUATED IN A PART OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 2 NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, AND BEING A 10 FOOT WIDE STRIP OF LAND, THE LIMITS OF WHICH LIE 5.00
FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED REFERENCE LINE:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36, FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 36 BEARS NORTH 00 DEGREES 22 MINUTES 51 SECONDS
EAST, A DISTANCE OF 2640.72 FEET;
THENCE NORTH 26 DEGREES 00 MINUTES 46 SECONDS EAST, A DISTANCE OF 1442.71 FEET TO A
POINT ON THE EAST LINE OF TRACT G OF VISTAS AT RANCHO SANTA FE AS RECORDED IN BOOK
384 OF MAPS ON PAGE 29, MARICOPA COUNTY RECORDS, ARIZONA AND THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED REFERENCE LINE FROM WHICH THE SOUTHEAST CORNER
OF SAID TRACT G BEARS SOUTH 12 DEGREES 36 MINUTES 29 SECONDS WEST, A DISTANCE OF
11.46 FEET;
THENCE SOUTH 77 DEGREES 55 MINUTES 25 SECONDS EAST, A DISTANCE OF 63.38 FEET TO THE
POINT OF TERMINATION.
THE SIDE LINES OF SAID 10 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED TO
TERMINATE AT THE RESPECTIVE PROPERTY LINES AND CONTAINING A COMPUTED AREA OF 634
SQUARE FEET OR 0.015 ACRES OF LAND, MORE OR LESS.
THE ATTACHED EXHIBIT 'A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
DEC 2019
DIBBLE ENGINEERING
WELL 11
PAGE 1
PROJECT NO 1019177
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Dibble Engineering
Project No 1019177
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47537
JASON P.
GRAHAM 01;
Le.sYstried.lt
FD BRASS CAP FLUSH
NW COR SEC 36, T2N, R1W
VISTAS AT RANCHO
SANTA FE
BK 384, PG 29, MCR
APN 501-74-010A
DKT 16112 PG 181
MCFCD
9 TIME: 11:08
Easements\CAD\IXHIBITS\19177—WE
01
W 1/4 COR `SE-C' J6, I-2'N,
POINT OF COMMENCEMENT
THIS IS NOT A PROPERTY
BOUNDARY SURVEY.
PARCEL AREA:
634 SF OR
0.015 ACRES
019\1019177 Avondale We l
EXHIBIT "B"
10' OUTFALL EASEMENT
A PART OF THE NORTHWEST 1/4 OF
SECTION 36, T2N, R1W, GILA 8c SALT RIVER
MERIDIAN, MARICOPA COUNTY, ARIZONA
DATE: DEC 2019
PAGE 2
DRN: CSD CHK: JPG