Extracted text (via ocr_local)
15128 characters
When recorded, return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDC)
EXEMPT ARS § 11-1134, A2
FCD 1999R016
ROADWAY EASEMENT
FCD Project: Buckeye Structures
FCD Parcel No.: BW-70 and BW-71
APN: 504-19-006E and 504-19-014F pins.
FCD Permit No.: 2018P206
This Roadway Easement is entered into by and between the following parties as of the last date
executed below.
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
GRANTEE: STATE OF ARIZONA, by and through its Department of Transportation,
and/or its successors and assigns
In accordance with GRANTOR’S Board of Director Resolutions 88-5 and 2018R013, for
and in consideration of 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 (“Easement”) in, upon, over, under, across, through and along the premises
described in the attached Exhibit “A” (“Easement Property”) for the purpose of constructing,
operating, repairing and maintaining a roadway, and appurtenances thereto, (collectively, the
“Facility”) and the right to authorize, permit, or license any other facilities which may be necessary
or convenient for public purposes, subject to any and all permits necessary from the GRANTOR,
in accordance with FCD Right-of-Way Use Permit No. 2018P206 (“FCD Permit”).
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
use and access 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.
Page 1 of 8
FCD Project: Buckeye Structures APN: 504-19-006E and 504-19-014F ptns.
FCD Parcel No.: BW-70 and BW-71 FCD Permit No.:2018P206
At such time any of the above granted easement is no longer required by the GRANTEE, or its
assigns, the rights to the particular easement shall cease and terminate only 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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Pp. 20f8
abe <0 APN: 504-19-006E and 504-19-O14F ptns.
FCD Project: Buckeye Structures FCD Permit No.:2018P206
FCD Parcel No.: BW-70 and BW-71
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART
Michael A. Fulton Date Jack Sellers
Director Chairman of the Board
ATTEST:
Clerk of the Board
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 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:
SIGNED IN COUNTERPART
Alex Smith Date
Director
Maricopa County Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
SIGNED IN COUNTERPART
District General Counsel Date
Page 3 of 8
ages APN: 504-19-006E and 504-19-014F ptns.
FCD Project: Buckeye Structures FCD Permit No.:2018P206
FCD Parcel No,: BW-70 and BW-71
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED:
Novunbec 4 (Lo SIGNED IN COUNTERPART
Michael A. Fulton Date Jack Sellers Date
Director Chairman of the Board
ATTEST:
SIGNED UN COUNTERPART
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 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:
SIGNED IN COUNTERPART
Alex Smith Date
Director
Maricopa County Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
______-BIGNEIIN COUNTERPART
District General Counsel Date
30f8
Page 3 0 APN: 504-19-006E and 504-19-014F ptns.
FCD Project: Buckeye Structures FCD Permit No.:2018P206
FCD Parcel No.: BW-70 and BW-71
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART SIGNED IN COUNTERPART
Michael A. Fulton Date Jack Sellers Date
Director Chairman of the Board
ATTEST:
SIGNED IN COUNTERPART
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 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:
DocuSigned by:
Beye Sith 11/4/2021
Alex Smith Date
Director
Maricopa County Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
SIGNED IN COUNTERPART
District General Counsel Date
Page 3 of 8
+ te APN: 504-19-006E and 504-19-014F ptns,
FCD Project: Buckeye Structures CD Permit No.:2018P206 _
FCD Parcel No.: BW-70 and BW-71
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART SIGNED IN COUNTERPART
Michael A. Fulton Date Jack Sellers Date
Director Chairman of the Board
ATTEST:
SIGNED IN COUNTERPART
Clerk of the Board Date
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA. )
Before me, Notary Public in and for said County, State of
Azizona, on this day personally appeared known to me to be
the 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:
SIGNED IN COUNTERPART
Alex Smith Date
Director
Maricopa County Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
District General Counsel Date: October 12, 2021
Page 3 of 8 APN: 504-19-006E and 504-19-014F ptns.
FCD Project: Buckeye Structures FCD Permit No.:2018P206
FCD Parcel No.: BW-70 and BW-71
GRANTEE: STATE OF ARIZONA, by and through its Department of Transportation, and/or
its successors and assigns
ACCEPTED:
STATE OF ARIZONA
SIGNED IN COUNTERPART
By
Its
Approved by the Director of the Arizona Department of Transportation
By La an we E ; Lis Date id \WWA
in fo4
g
u
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA _ )
Before me,__<: evnhe Los entley _» Notary Public in and for said County, State of
Arizona, on this day personally appeared _tgule “| Gibsoy , known to me to
be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of Supervisors
the Political Subdivision in the foregoing instrument.
Given under my hand and seal of the office this’) day of, a } ctol) ef, 202).
Be, DONNA Y BENTLEY | [= * dine CF
Notary Public - State of Arizona Publi i [|
MARICOPA COUNTY . Notary Public (signature) /
Commission 4 683347 :
Expires June §, 2023
Page 4 of 8 APN: 504-19-006B and 504-19-014F ptns,
FCD Project: Buckeye Structures FCD Permit No.:2018P206
FCD Parcel No.: BW-70 and BW-71
DocuSign Envelope iD: C5730D1F-AF04-44FC-AD98-D61ADE3FE1FC
GRANTEE: STATE OF ARIZONA, by and through its Department of Transportation, and/or
its successors and assigns
ACCEPTED:
STATE OF ARIZONA
yl (ar lyn. Stl
carolyn Stocker
Its,
Approved by the Director of the Arizona Department of Transportation
i hight ff tleg Mdlissi $a On
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA _)
Before me,_« > OmANG, Y. Qesley , Notary Public in and for said County, State of
Arizona, on this day personally appeared , {de & le. i... Gy bach , known to me to
be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of Supervisors
the Political Subdivision in the foregoing instrument.
Given under my hand and seal of the office this‘).1 day of, ( } ¢ t ah ef ,202 a
ie DONNAY. BENTLEY J Le Et i
ke
Notary Public - State of
MARICOPA COUN «lls Fie (signature)
Commission # 583347
Expires June $, 2023
Page 4 of 8
* ante APN: 504-19-006E and 504-19.014F ptns.
FCD Project: Buckeye Structures FCD Permit No.:2018P206
FCD Parcel No.; BW-70 and BW-71
Exhibit “A” - Easement Property
Attached to Non-exclusive Roadway Easement
DESCRIPTION FOR EASEMENTS
TRACT NO, I;
Thal portion of the East half of the Northeast quarter (E4NE') of Section 9, Township 1 North, Range 3
West, Gila and Salt River Meridian, Maricopa County, Arizona, described as follows:
Commencing at a 3 inch Town of Buckeye brass cap in handhole marking the Northeast corner of said
Section 9, being North 00°10'58" West 2648.62 feet from a3 inch Maricopa County brass cap stamped
“TEN RAW E% 89 LS 29891 2002” marking the East quarter corner of said Section 9;
thence along the East line of said Section 9, South 00°40'58" East 994.88 feet;
thence South 89°19'02" West $5.00 fect to the POINT OF BEGINNING:
thence South 00°40'58" East 303,88 feet to the existing northerly right of way line of Interstate Highway
10 (EHRENBERG ~ PHOENIX HIGHWAY);
thence along said existing northerly right of way line of Interstate Highway 10, South 89°19°02" West
30.00 feet;
thence continuing along said existing northerly right of way line of Interstate Highway 10, South
00°40'58" East 282,80 feet;
thence contiauing along said existing northerly right of way line, South 59°39°55" West 69.04 Feet;
thence North 00°40'58" West 245.30 feet;
thence North 17°01'03" East 246,68 feet,
thence North 00°40'58" West 40.00 feet;
thence South 89° 19°02" Weat 15,00 feet;
thence North 00°40'S8" West 75.00 feet;
(continued)
EXHIBIT “&”
PAGE 1
PROJECT: 010 MA 112 FOL19 LOCATION: SR 85~ Verrado Way PARCEL: 7-12233
010-A(232)T SR 07-01-2021
Page 5 of 8 APN; 504-19-006E and 504-19-014F pins.
FCD Project: Buckeye Structures FCD Permit No.:2018P206
FCD Parcel No.: BW-70 and BW-71
Exhibit “A” - Easement Property
Attached to Non-exclusive Roadway Easement
thence North 89°19'02" Bast 15.00 feet;
thence North 00°40'58" Weal 25.58 feet;
thence North 89°32'40" East 15.00 feet to the POINT OF BEGINNING.
27,114 square feet, more or loss,
The Grantor's remaining land shall have no right of easement of access to said Interstate Highway 10 ta
be constructed over and upon the right of way described above.
TRACT NO. 2:
That portion of the Northwest quarter of the Northwest quarter (NWI4NW'4) of Section 10, Township 1
North, Range 3 West, Gila and Salt River Meridian, Maricopa County, Arizona, described as follows:
Commencing at a 3 inch Town of Buckeye brass cap in handhole marking the Northwest comer of said
Section 10, being North 00°40'58" West 2648.62 feet from a3 inch Maricopa County brags cap stamped
“TUN R3W EX 89 LS 29891 2002" marking the West quarter comer of said Section 10;
thence along the West line of said Section 10, South 0074058" Bast 845.46 feat;
thence North 89° 19'02" East 50.00 feet to the POINT OF BEGINNING;
thence South 21°14'20" East 85.44 feet to POINT “A” for later identification;
thence South 00°40'58" Bast 140,00 feet;
thence South 06°47'53" Bast 234.68 feet to the existing northerly right of way line of Interstate Highway
10 (EHRENBERG ~ PHOENIX HIGHWAY);
thence along said existing northerly right of way line of Interstate Highway 10, South 89°19'02" West
55.00 feet to the existing easterly right of way line of Watson Road;
thence along said existing easterly right of way line of Watson Road, North 00°40°58" West 443.34 feet to
the POINT OF BEGINNING,
(continued)
EXHIBIT “A”
PAGE 2
PROYECT: 010 MA 112 F0119 LOCATION: SR 85 — Verradlo Way PARCEL: 7-12233
010-A(232)T (ESMT) SR 07-01-2021
Exhibit “A” - Easement Property
Attached to Non-exclusive Roadway Easement
Page 6 of 8 APN: 504-19-006E and 504-19-014F ptns.
FCD Project: Buckeye Structures FCD Permit No.:2018P206
FCD Parcel No.: BW-70 and BW-71
15,317 square feet, more or less.
The Grantor's remaining land shall have no fight of easement of access to said Interstate Highway 10 to
be constructed over and upon the right of way described above, provided however, that access shall be:
permitted northerly of POINT “A” as described above,
Overall, Tract No. 1 and Tract No. 2 comprise an area of 42,431 square feet, more or less.
EXHIBIT “A”
PAGE 3
PROJECT: 010 MA 113 Porto LOCATION: SR 85— Vermado Way PARCEL: 7.12233
O1O-A(232T (ESMT) SR 07-01-2081
Page 7 of 8 APN: 504-19-006E and 504-19-014F ptns.
FCD Project: Buckeye Structures FCD Permit No.:2018P206
FCD Parcel No.: BW-70 and BW-71
Attached to
Non-exclusive Roadway Easement
est ySUNDANCE 413 POINT OF COMMENCEMENT -
Séstion Corner TRACT NOS | & 2
PARCEL 7 [1 OHIO Led, 3° Town of Buckeye Ci 2
te ae ! brass cap In handhola .
! ¥ 845.46' F244 NEW R/W IN SEC, 9:
Ng9°19'02"E ¥ “POINT OF BEGINNING TRACT NO. 1 27,114 $0. FT.
/ : OR 0.622 ACRES
wuenevE??°° TRACT 2 . NEW R/W IN SEC, 101
$89°19'02"V at AN S211 420° nae ——
36.00" a 85,44" TRACT NO, 2 15,317 SQ, FT.
POINT OF BEGINNING « ¥| Fm POINT “Ar OR 0,352 ACRES
TRACT 1 Yh aa. wi
NBS*3240°E. Yi a4 2S
18.00" \. Ve He, ad Tih, @ RBH. APN
woO*40'88 1 : Zz” Sat 504-19-OMF
NBgI9'02"C 25.58/73 "a 8 TRA -
15.00' yw & EVA issue ET NO. 2
NOQ*40'5B"W 4 & z= 10 EASEMENT aapicara co,
75.06 ye ayy SECTION 9 & Jo
SB9°19'02"W_ _ 3 4 & 6 WTS.
15,60' al Q Ce an 7
Noge40's8"w 73 z : SURVEY PARAMETERS
ores: ad a System: Unlted States State Plane 1983
Aurd iA Wp i} Zone: Arizona Caniral 0202
NE NE > Y Ostum: WN. American 1983 (Conus) 1992 Epach
Qo ay Geold Medeh Geold 03 tontinantal US)
Q ta i
TRACT NO, | a i Ground Adjustment tactor: 100016
oa Seale Origh: N=0,06, E79,00
(es) All bearings gre grid bearings,
y 7 \ 7 Olstances are ground distances,
2 ~ ms Approx tig Line
APN rsBatgogw “PSasg'o2"w
804~-19-CO6E ay | 30.00" a a ay
SE4 NEF 8 | a
Bt 8
¢ sy
“ woo [5
ISSUE ~ ty & o@l2
: 1S
EASEMENT 8 |B swt nwt
CAG
Fe a“ a \
= SECTION LINE & eel
8 CL WATSDN RO,
= y 174 Corner
x 7 6. 3° Maricopa County brass cap
a stamped ‘TIN R3W EI/4°S9 LS 2989) 2002!
S59°3955'W
69.04 9-CP1O waricopa COUNTY FLOOD CONTROL DISTRICT EXHIBIT
12253 PecrieeAy ndinse:
ADNQT a , = " Ehrenberg « Phoenix
Right Of Way ai hia [OKO MA 12 FONT9
GOTE Wa, Teenie FERAL ADB. Exot SHEET a,
att) | SR 85 » Verrado Way O10-A(232)T 1 OFT
SAPROICCTEWARICOPA (YMA 152 FOL19 » $8 83 = Varad:
FCD Project: Buckeye Structures
FCD Parcel No.: BW-70 and BW-71
WayiidiislFGOYECD Extbitl A.dgn
Page 8 of 8
APN: 504-19-006E and 504-19-014F ptns.
FCD Permit No.:2018P206