A. NON-EXCLUSIVE UTILITY EASEMENT.PDF
Extracted text (via ocr_local)
14190 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 NON-EXCLUSIVE UTILITY EASEMENT FCD Project: East Maricopa Floodway FCD Parcel No.: N-2269-01 APN: 304-17-014F and 014G ptn. FCD Permit No.: 2019P201 This Non-Exclusive Utility 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: CITY OF MESA, an Arizona Municipal Corporation and/or its successors and assigns In accordance with GRANTOR’S Board of Directors 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 Utility 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, installing, operating, repairing and maintaining a water, gas, and wastewater lines, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2019P201 (“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 1 of 7 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. In the event the GRANTEE’S use of the Easement Property and/or personal property belonging to the GRANTEE interferes with GRANTOR’S use of the Easement Property GRANTEE shall, at GRANTOR’S request, and at GRANTEE’S sole expense, eliminate the interference within (30) days of notice from the GRANTOR. In the event the land within the Easement Property is needed to construct, maintain, or relocate any portion of GRANTOR’S flood control project and/or structure, and upon written notification by GRANTOR, GRANTEE shall coordinate the removal or relocation of the Facility (The Project) through GRANTOR’S right-of- way use permit approval process. Actual construction to remove or relocate such conflicting Facility, and/or personal property, or portion(s) thereof, shall begin within (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 The 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 GRANTEB’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 GRANTEE’S Facility located within the Easement Property, in a state of good repair. The rights granted to GRANTEE herein include the right, but not the obligation, 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 Page 2 of 7 FCD Project: East Maricopa Floodway APN: 304-17-017F and 014G ptn. FCD Parcel No.: N-2269-01 FCD Permit No.: 2019P201 Property, the Facility, 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 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 third party 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 negligence, or actions that are purposeful or undertaken without regard to the consequences, by the GRANTOR, it’s 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. In addition, GRANTEE shall not assign this Easement to another party without GRANTOR’S written consent. This Easement shall run with the land and is binding on all parties. Page 3 of 7 FCD Project: East Maricopa Floodway APN: 304-17-017F and 014G ptn. FCD Parcel No.: N-2269-01 FCD Permit No.: 2019P201 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: Seglerbac 22, 2021 SIGNED IN COUNTERPART Midhael A. Fulton Date Jack Sellers, Chairman of the Board Date Director 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 Jack Sellers, 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: SIGNED IN COUNTERPART Alex Smith Date Director of Real Estate 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 7 FCD Project: East Maricopa Floodway APN: 304-17-017F and 014G ptn. FCD Parcel No.: N-2269-01 FCD Permit No.: 2019P201 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: Michael A. Fulton Date Jack Sellers, Chairman of the Board Date Director 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 Jack Sellers, 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) eHHLATE DEPARTMENT APPROVAL: a 9/14/2021 SDACC. Alex Smith Date Director of Real Estate 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 Page 4 of 7 FCD Project: East Maricopa Floodway APN: 304-17-017F and 014G ptn, FCD Parcel No,: N-2269-01 FCD Permit No.: 2019P201 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: Michael A. Fulton Date Jack Sellers, Chairman of the Board Date Director 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 Jack Sellers, 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: Alex Smith Date Director of Real Estate Real Estate Department APPROVED AS TO FORM and within the powers and authority granted under the laws of the : Wi Arizona. ‘District General Counsel Date September 14, 2021 Page 4of7 FCD Project: East Maricopa Floodway APN: 304-17-017F and 014G ptn. FCD Parcel No.: N-2269-01 FCD Permit No.: 2019P201 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: Michael A. Fulton Date Jack Sellers, Chairman of the Board Date Director 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 Jack Sellers, 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: Alex Smith Date Director of Real Estate 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 Page 4 of 7 FCD Project: East Maricopa Floodway APN: 304-17-017F and 014G ptn. FCD Parcel No.: N-2269-01 FCD Permit No.: 2019P201 GRANTEE ACCEPTANCE: “if oy an Arizona municipal corporation, and/or its successors and assigns ‘lilo Deputy Cn Maniger Date —"“"—“_. ATTEST: abn Mdihom 4-8.202) City Clerk Date APPROVED AS TO FORM: Page 5 of 7 FCD Project: East Maricopa Floodway APN: 304-17-017F and 014G ptn. FCD Parcel No.: N-2269-01 FCD Permit No.: 2019P201 Exhibit “A” EXHIBIT "A" PUBLIC UTILITY EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE SOUTHHEST QUARTER OF SECTION 18, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY ARIZONA, FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 18; THENCE SOUTH 89 DEGREES 40 MINUTES 37 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 1519.35 FEET; THENCE NORTH O DEGREES 19 MINUTES 23 SECONDS EAST A DISTANCE OF 68,59 FEET; THENCE NORTH 57 DEGREES 39 MINUTES 38 SECONDS EAST A DISTANCE OF 78.95 FEET; THENCE NORTH 13 DEGREES 47 MINUTES 03 SECONDS EAST A DISTANCE OF 65.54 FEET; THENCE NORTH 58 DEGREES 32 MINUTES 59 SECONDS EAST A DISTANCE OF 24.14 FEET; THENCE SOUTH 76 DEGREES 41 MINUTES 05 SECONDS EAST A DISTANCE OF 127.09 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF THE ROOSEVELT WESTERN CONSERVATION DISTRICT CANAL AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 76 DEGREES 41 MINUTES 05 SECONDS EAST A DISTANCE OF 306.94 FEET; THENCE NORTH 58 DEGREES 19 MINUTES 28 SECONDS EAST A DISTANCE OF 49.51 FEET; THENCE SOUTH 76 DEGREES 41 MINUTES 05 SECONDS EAST A DISTANCE OF 32.72 FEET MORE O® LESS TO A POINT ON THE WEST LINE OF THOSE LANDS DESCRIBED IN DOCUMENT NO. 2013-0408429, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA; THENCE SOUTH 13 DEGREES 19 MINUTES 55 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 65.00 FEET,« THENCE DEPARTING SAID WEST LINE NORTH 76 DEGREES 41 MINUTES 05 SECONDS WEST A DISTANCE OF 374.64 FEET MORE OR LESS TO A POINT ON SAID EAST LINE OF CANAL; THENCE NORTH 13 DEGREES 18 MINUTES 47 SECONDS EAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.30 ACRES +/— SEE ATTACHED EXHIBIT DRAWING BY REFERENCE MADE A PART HERETO. EXHIBIT "A" 82 BRAVO, Lc PUBLIC UTILITY EASEMENT (FCD) 579 W Wickenburg Way - - Suite ¥ DRAWN: KOS JOB _NO: 20230 Wickenburg, Arizona 85390 SURVEYOR: KOS DATE: 10/13/2020 928-684-5046 = Info@82Bravo.com SCALE: NTS SHEET 1 OF 2 www. 82Bravo.cam Page 6 of 7 FCD Project: East Maricopa Floodway APN: 304-17-017F and 014G ptn. FCD Parcel No.: N-2269-01 FCD Permit No.: 2019P201 PUE (2,997 SQFT 0.50 ACRES 4/— APN: 304-17-O14F FD. MARICOPA COUNTY APN: 304—17-040 RASLIC LLCO LOT Ml GATEWAY NORTE BRASS CAP IN HAND HOLE ~ SW CORNER SECTION 18 POC Exhibit “A” continued ? SECTION 18 EXHIBIT "A" PUBLIC UTILITY EASEMENT AD RO: i YEN h OF BEARING BOOK WARN 1 # BASIS no POWER A PORTION OF THE SOUTHHEST QUARTER OF SECTION 18 TOWNSHIP 1 SOUTH, RANGE 7 EAST GILA AND SALT RIVER BASE & MERIDIAN LINE TABLE DIRECTION | LENGTH S89'40'37'E | 1519.35" NO1G'23'E 66.59 N57'39'38"E | 78.95" NIS4703'E | 65.54" N5B'32'59°E | 24.14" S7E4V 05°F 26.09" S7641'05'E | 101,00' S7641'05E | 306.94" N5819'28"E 49.51" S76'4105°E 32.72" SIS19'55'W | 65.00" N7640'05"W | 374.64 NISIB4ZE EXHIBIT “A"™ PUBLIC UTILITY EASEMENTS (FCD) DRAWN: KOS JOB_NO: 20230 SURVEYOR: KOS DATE: 10/13/2020 SCALE: NTS SHEET 2 OF 2 Page 7 of 7 FCD Project: East Maricopa Floodway FCD Parcel No.: N-2269-01 Prepared By: 82 BRAVO, LLC 579 W Wickenburg Way Suite #2 Wickenburg, Arizona 85390 928-684-5046 = Info@82Bravo.com www. 82Bravo.com APN: 304-17-017F and 014G ptn. FCD Permit No.: 2019P201