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When recorded, return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MH)
EXEMPT ARS § 11-1134, A2
FCD 1999R016
DRAINAGE EASEMENT
FCD Project: Loop 303 Drainage Improvements
FCD Parcel No.: FA034-013 and FA034-014
APN: 502-43-028G, 028D, and 027E ptns.
FCD Permit No.: 2017P152
This Drainage 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: EL CIDRO HOMEOWNERS ASSOCIATION, an Arizona non-profit
corporation and/or its successors and assigns
In accordance with GRANTOR’S Board of Director Resolution 2018R013, for and in
consideration of the sum of Six Hundred DOLLARS ($600.00), 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”) 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 drainage outfalls,
waterline connections, and appurtenances thereto (collectively, the “Facility”), in accordance with
FCD Right-of-Way Use Permit No. 2017P152 (“FCD Permit”).
Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural 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.
Page | of 9
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
improvements located on the Easement Property (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.
In the event the Facility, use of the Easement Property and/or personal property belonging
to the GRANTEE interferes with GRANTOR’S use of the Easement Property or the land within
the Easement Property 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
GRANTEPF’S sole expense, eliminate the interference within thirty (30) days of notice from the
GRANTOR. Actual construction to remove or relocate such conflicting Facility, and/or personal
property, or portion(s) thereof, shall begin within thirty (30) days following GRANTOR’S
issuance of a right-of-way use permit for such removal/relocation. Upon mutual agreement, the
time frame for the start and completion of said work may be extended based on the requirements
of a project. If GRANTEE’S relocation effort delays construction of a GRANTOR project, and
causes GRANTOR to be liable for delay damages, GRANTEE shall reimburse GRANTOR for
those damages attributable to the delay created by GRANTEE within thirty (30) days after
GRANTEP’S receipt of the GRANTOR’S invoice for said delay.
The GRANTEE shall also, at its sole cost and expense, maintain the Easement Property,
and GRANTERF’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 to GRANTEE herein 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 maintenance and
operation of GRANTEE’S Facility.
After the installation of GRANTEE’S Facility in accordance with said FCD Permit, any
modification whatsoever to the Easement Property, the Facility, or any appurtenance of
GRANTEE located therein, that is not in compliance with said FCD Permit, will require
Page 2 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No.: 2017P152
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 agrees to 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, it 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 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 solely for the benefit of GRANTEE
to use the Easement Property for the purpose stated herein, and do not include the right to permit
and/or grant any other use of the Easement Property to another party.
This Easement shall run with the land and is binding on both parties.
Page 3 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No.: 2017P152
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART
Michael A. Fulton Date Jack Sellers Date
Director Chairman of the Board
ATTEST:
Clerk of the Board Date
STATE OF ARIZONA )
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 the 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 4 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No.: 2017P152
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECQMMENDED FOR APPROVAL: APPROVED:
Nevgenba F200) SIGNED IN COUNTERPART
Mithael 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 the 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 4 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No.: 2017P152
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 the day of » 20
Notary Public (signature)
sAeGtALE DEPARTMENT APPROVAL:
= 11/8/2021
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 4 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No,: 2017P152
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 the 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.
A.
District General Counsel Date: November 2, 2021
Page 4 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No.: 2017P152
GRANTEE ACCEPTANCE:
EL CIDRO HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, and/or its
successors and assigns.
y_ tegen AZ Liye!
"Gene Strojek, Vice President Dfte
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA.)
The foregoing instrument was acknowledged before me this 4 th day of N ove mber 20241,
by Gene Strojek its Vice President of El Cidro Homeowners Association, an Arizona non-profit
corporation, and/or its successors and assigns on behalf of the company being duly authorized to
execute the foregoing instrument for the purposes therein contained.
Sa Arndlasrd—
Notary Public (signature)
SARA ANDREWS
Notary Public - Arizona
Maricopa County
Commission # 558898
My Comm. Expires Dec 31, 2022
Page 5 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No.: 2017P 152
Exhibit “A” - Easement Property
Attached to Non-exclusive Drainage Easement
That part of the Northeast Quarter of Section 23, Township 1 North, Range 2 West of the Gila
and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows:
Parcel No. 1:
Commercing at the Maricopa County Aluminum Cap in pothole marking the North Quarter
Corner of said Section 23, from which the Maricepa County Highway Deparment Brass Cap is
hand hole marking the Northeast Corner of said Section 23 bears South 89°45°34" East, a
distance of 2,646.09 feet;
Thence South 89°45'34" East, slong the North line of the Northeast Quarter of said Section 23,
a distance of 1,323.05 feet to the Northwest Corner of the East Half of the Northeast Quarter of
said Section 23;
Thence South 00°11'58" West, along the West lire of the East Half of the Northeast Quarter of
said Section 23, a distance of 88.01 feet to a point on the Southerly line of that certain parcel of
land described in Document No, 2007-1356154, Records of Maricopa County, Arizona;
Thence along the Southerly and Westerly lines of said certain parcel of land the following
courses:
Thence South 89°48'02" East, a distance of 30.42 feet;
Thence North 44°19'S 1" East, a distance of 45,92 feet:
Thence South 00°14'26" West, a distance of 31.67 feet:
Thence South 77°52'45" East, a distance of 773.33 leet;
Thence South 08°02'40" West, a distance of 217.77 feet to the beginning of a tangent curve of
778.00 foot radius, concave Easterly;
Thence Southerly, along said curve, through a central angle of 12°39'01", a distance of 171.77
feet;
Thence South 04°36'2{" Bast, 2 distance of 295.33 feet faa point on the Westerly line of that
certain parcel of land deseribed in Document No, 2016-0472446, Records of Maricopa County,
Arizona, said point being on a 3,075.72 fool radius non-tangent curve, whose center bears
North 66°33'20" West;
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4550 N 12th Street | Phoenix AZ 85014 | 602.264.6831 | (F) 602.264.0928 CVL
CONSULFANTS
Page 6 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No.: 2017P152
Exhibit “A” - continued
Attached to Non-exclusive Drainage Easement
Legal Description for
E) Cidro
Flood Cortral District of Maricapa County
Drainage Easement
May 5, 2016
Thence along the Westerly line of last said certain parcel of land the following courses:
‘Thence Southwesterly, departing said Southerly and Westerly line along said curve, through a
eentral angle of 03°39'32", a distance of 196.41 fect;
Thence South 27°06'12" West, a distance of 175.46 feet to the True Point of Beginning;
Thence South 62°53'48" East, departing last said Westerly line, a distance of 35.00 feet;
Thence South 27°06'12" West, a distance of 20.00 feet;
‘Thence North 62°53'48" West, a distance of 55.00 feet to a point on last said Westerly line, said
point hereinaller referred to as Point "A";
Thence North 27°06'12" East, along last said Westerly linc, a distance of 20.00 feet to the True
Point of Beginning.
Parcel No. | containing 1,100 Square Peet, more or less.
Parcel No. 2:
Commencing at the aforementioned Point "A";
Thence South 27°06'12" West, along the Westerly line of that certain parcel of land described
in Document No. 2010-0472446, Records of Maricopa County, Arizona, # distance of 194.02
feet to a point on a 905.00 foot radius non-tangent curve, whose center bears North 62°53'49°
West;
‘Thence Southwesterly, along said Westerly line and along said curve, through a central angle of
07°0317", a distance of 111.96 feet wu the True Poin of Beginning;
Thence South 66°28'06" East, a distance of 50.00 fect;
Thence South 23°31'S4" West, a distance of 20.00 feet:
Thence North 66°28'06" West, a distance of 54.00 feet to a point on last suid Westerly line, said
point being on a 905.00 foot radius non-tangent curve, whose center bears North 54°31'03"
West, said point hereinafter referred to as Point "B";
Thence Northeasterly, along said Westerly lino and along said curve, through a central angle of
01°1729", a distance of 20.40 feet to the True Point of Beginning.
NAOSOOSOADMING-LGMCFP1-050516.doex Page 2 of 3
CVL
4550 N 12th Street | Phoenlx AZ 85014 | 602.264.6834 | (F) 602.264.0928
CONSULTANTS
Page 7 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No.: 2017P152
Exhibit “A” - continued
Attached to Non-exclusive Drainage Easement
Legal Description for
El Cidra
Flood Control District af Maricopa County
Drainage Easement
May 5, 2016
Parcel No, 2 containing 1,039 Square Feet, mote or less,
Parcel No. 3:
Commencing at the aforementioned Point "B", being a point on the Westerly line of that vertain
parcel of land described in Document No. 2010-0472446, Records of Maricopa County,
Arizona, said point being on a 908.00 foot radius curve, whose center bears North 54°31'03"
West:
Thence along said Westerly line the following courses:
Thence Soutkwesterly, along said curve, through a central angle of 02°21'56", a distance of
37.37 feet;
Thence South 37°50'53" West, a distance of 149.36 fect to a point on a 5,095.00 foot radius
non-tangent carve, whose center bears South 46°54'56" East;
Thenee Southwesterly, along said curve, through a central angle of 05°49'19", a distance of
517,71 feet,
Thence South 37°00'06" West, a distance of 413.36 feet to the True Point of Beginning;
Thence South 52°59'54" East, departing said Westerly line, a distance of 40.00 feet;
Thence South 37°00'06" West, a distance of 20.00 feet;
Thence North 52°59'54" West, a distance of 40.00 feet to a point on said Westerly line;
‘Thence North 37°U0'G6" East, along said Westerly line, a distance of 20.00 feet to the True
Point of Beginning,
Parcel No. 3 containing 800 Square Feet, more or less.
The Total containing 2,939 Square Feei, more or less.
Expros 6/90/2016
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4550 N 12th Street | Phoenix AZ 86014 | 602.264.6831 | (F) 602.264.0928 a CVL
%
CONSULTARTS
Page 8 of 9
FCD Project: Loop 303 Drainage Improvements APN: 502-43-028G, 028D, and 027ER ptns
FCD Parcel No.: FA034-013 and 014 FCD Permit No.: 2017P152
Exhibit
Attached to Non-exclusive Drainage Easement
Exhibit
Attached to Non-exclusive Drainage Easement
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(EXHIBIT EL CIDRO -FLOOD CONTROL DISTRICT oF | 72'S
esooumoenucencnncy | MARICOPA COUNTY DRAINAGE EASEMENTS | 50350
COE & VAN LOO
FCD Project: Loop 303 Drainage Improvements
FCD Parcel No.: FA034-013 and 014
PLANA( HO RNGINR BRING (LONDECOPB ARCHITECTURS
Page 9 of 9
Lol
APN: 502-43-028G, 028D, and 027ER ptns
FCD Permit No.: 2017P152