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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 UTILITY EASEMENT FCD Project: Dreamy Draw Dam FCD Parcel No.: DDRAW-1, 2, and 3 APN: 165-12-014B, 016B, and 017B ptn. FCD Permit No.: 2019P261 This 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 PHOENIX, a municipal corporation of the State of Arizona, 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 Water Line, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2019P261 (“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 8 This Easement is, 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 GRANTEBR’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 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 GRANTEE’S sole expense, eliminate the interference within (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 (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 flood control 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 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 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 Page 2 of 8 FCD Project: Dreamy Draw Dam APN: 165-12-014B, 016B, and 017B ptn. FCD Parcel No.: DDRAW-I, 2, and 3 FCD Permit No.: 2019P261 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. To the extent permitted by law 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 GRANTEP’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 all parties. Page 3 of 8 FCD Project: Dreamy Draw Dam APN: 165-12-014B, 016B and 017B ptn. FCD Parcel No.: DDRAW-1, 2, and 3 FCD Permit No.: 2019P261 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 ome, ie i ATTEST: Clerk of the Board D 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 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 8 FCD Project: Dreamy Draw Dam APN: 165-12-014B, 016B and 017B ptn. FCD Parcel No.: DDRAW-1, 2, and 3 FCD Permit No.: 2019P261 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: SIGNED IN COUNTERPART Michael A. Fulton Director By: Its: 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: 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 8 FCD Project: Dreamy Draw Dam APN: 165-12-014B, 016B and 017B ptn. FCD Parcel No.: DDRAW-1, 2, and 3 FCD Permit No.: 2019P261 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: IN COUNTERPART a SIGNED IN COUNTERPART Michael A. Fulton Date Director By: Its: ATTEST: SIGNED IN COUNTERPART Clerk of the Board ; Date STATE OF ARIZONA ) i )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) Plus CATE DEPARTMENT APPROVAL: Mlese Suit 8/16/2021 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 8 FCD Project: Dreamy Draw Dam APN: 165-12-014B, 016B and 017B ptn. FCD Parcel No.: DDRAW-1, 2, and 3 FCD Permit No.: 2019P261 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: SIGNED IN COUNTERPART SIGNED IN COUNTERPART Michael A. Fulton Date Director By: Its: ATTEST: Clerk of the sro 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 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. A. District General Counsel Date: August 10, 2021 Page 4 of 8 FCD Project: Dreamy Draw Dam APN: 165-12-014B, 016B and 017B ptn. FCD Parcel No.: DDRAW-1, 2, and 3 FCD Permit No.: 2019P261 GRANTEE ACCEPTANCE AND APPROVAL: CITY OF PHOENIX, a municipal corporation and/or its successors and assigns Ed Zuercher, City Manager —— Vi Title: CN oils Sesuce we be STATE OF ARIZONA SS COUNTY OF MARICOPA eywu The foregoing instrument was acknowledged before me this \\__ day of_Av@ustT ___, 2021, by Tee HAMES , City Manager of the City of Phoenix, a municipal corporation and/or its successors and assigns My Commission Expires_Wv@_ 23.222 Ul Bade Notary Public (signature) MOLLY BALK Notary Public - State of Arizona MARICOPA COUNTY Commission # 552928 Expires August 23, 2022 Page 5 of 8 FCD Project: Dreamy Draw Dam APN: 165-12-014B, 016B and 017B ptn. FCD Parcel No.: DDRAW-1, 2, and 3 FCD Permit No.: 2019P261 Exhibit “A” Attached to Non-exclusive Utility Easement LEGAL DESCRIPTION LIMIT OF WORK & FUTURE MAINTENANCE AREA PERMIT # 2019P261 CITY OF PHOENIX PROJECT WS85500442 - ZONE 3D/4A IMPROVEMENT PROGRAM SEGMENT 1 PIPELINE A PORTION OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 3 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-SIXTEENTH CORNER OF SAID SECTION 26 BEING A FOUND 2 1/2" GLO BRASS CAP STAMPED “W 1/16 S26 S35 1933” FROM WHICH THE SOUTHWEST CORNER BEING A FOUND 2 1/2" GLO BRASS CAP STAMPED “S27 S26 $34 $35 1933” BEARS NORTH 88°48'39" WEST 1462.26 FEET DISTANT; THENCE NORTH 88°48'39" WEST 119.43 FEET UPON THE SOUTH LINE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°48'39" WEST 51.21 FEET UPON SAID LINE; THENCE NORTH 09°17'50" EAST 133.32 FEET; THENCE NORTH 51°51'34" EAST 141.09 FEET; THENCE NORTH 07°33'41" WEST 40.51 FEET; THENCE NORTH 40°50'20" EAST 155.34 FEET; THENCE NORTH 21°48'55" EAST 111.86 FEET TO THE SOUTHEASTERERLY RIGHT-OF-WAY LINE OF STATE ROUTE 51; THENCE NORTH 89°29'54" EAST 7.08 FEET UPON SAID RIGHT-OF-WAY LINE TO A FOUND 3” ADOT ALUMINUM CAP FLUSH IN CONCRETE STAMPED “EL 1413.16 9+33.02 AH PI”; THENCE SOUTH 00°21'59" EAST 168.72 FEET; THENCE SOUTH 40°50'19" WEST 102.87 FEET; THENCE SOUTH 07°33'42" EAST 50.21 FEET; THENCE SOUTH 51°51'34" WEST 28.40 FEET; THENCE NORTH 89°36'00" WEST 26.08 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER IF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 00°23'59" EAST 20.54 FEET UPON SAID LINE; THENCE SOUTH 51°51'34" WEST 138.36 FEET; THENCE SOUTH 08°47'12" WEST 62.43 FEET TO THE POINT OF BEGINNING. CONTAINING: 36,774.661 SQUARE FEET OR 0.844 ACRES, MORE OR LESS. Page 1 of 3 Page 6 of 8 FCD Project: Dreamy Draw Dam APN: 165-12-014B, 016B and 017B ptn. FCD Parcel No.: DDRAW-1, 2, and 3 FCD Permit No.: 2019P261 Exhibit “A” continued Attached to Non-exclusive Utility Easement £ 40 Z }24S|Z-OLGOW 8907 -ON ar] 1Z/L/L 9100 001 = b *3/02S THY “SPD WSEO ‘MS FHL NIL Prefer el ATW 0) G21V90T WWE 8 MOT. GIS0AOKd HOF IWeLLW) Vou LIGIENT 0Z00-906 (Z09):9U0Yd 62052 oUOZUY “xuacyd BAY OUO8d “M ZLPZ : ee, NOIUSH CALVINO (S)LNAWaSVA ZZ BUS | | AMaCKAv SRS || SES VES CAT (HOW) 8 Od ‘VILL NG AIAUNS 4O GYOOTU CHOOT (a) geeel | Muveuselss | 717 SN aaansvan (w) (mate dalvinoWwo (0) 0% | 36GE7.0S | e117 ALON LNAWASv3 Na ONuvag 4OSISvad = - 018 8092 | M.00.98.68N | 717 AVNv4O-LHOIY wa ; XINOHd 40 ALIO doo 0r'8z | NubelGelgs | 117 INSNSSVA LLNS , AWM 4O LHOY Md WCNS:| RCREESES: | Ob LNAW3ONSWNO9 JO LNIOd ‘20d vezor| me1os.ors | 67 ONINNIDSS JO INIOd = =“FO'd NOLLVINOdSNVUL JO INAWIVd30 VNOZINY = LOGY ZL99t | A6GIZ0S | 81 YaGHOOIY ALNNOD vdOoRv uoOW ANIT3dld T LN3W93S Vad SONVNALNIVN SUN. v4 802 | JahS.6Z.69N | 27 | Wv¥o0ud LNaWSAOUdINI ve/aE 3NOZ MOM 4O SLINTT mol - ZrPOOSSESM 193fO'd XINZOHd 40 ALIO 9S LLL| ASSerolZN | 91 L9@d610¢ # LINYAd (Nov) ZAV avINna WESSL | 3.0G0S.00N | $1 “SASOduNd SALLTILLN GNY AVMGYOu YO4 x % ; AVNvSO-LHOIY 00'8E- SrrrrLL INSLvduas a | & ba tSOV | NulRCEN | ¥1 “SASOduNd SSLLMILLA GNY AVMAVOY YOs 7) FALIS a ‘60 lL| aepearsen | €1 AWNr4O-LHOIY 008 - 8788rLL INSLvduas wv | Y ‘3 be (Na) SALON LNAWaSva ke, ECL | BOSALEN | ZI NOLLISOd GALVINOWO x AZ1S | MW6e8r.88N | 17 On HSN14 dVO WANIAIN TY LOGY «€ GNNOA @ IHLONS]) NOLLOZuIG ann SUIONNAdOTIOGNNOL = @ CRG NIVINNON = acorns | VW ALINIOU Page 7 of 8 FCD Permit No.: 2019P261 APN: 165-12-014B, 016B, and 017B ptn. FCD Project: Dreamy Draw Dam FCD Parcel No.: DDRAW-1, 2, and 3 £ 40 © 3994S|Z-O1GOW 8S¥z -ON ar] 12/L/L 7109) (001 =,1 +1095) WUSED F 24 0z00-906 (z09):2U0ye TAS | eat Ge O98 Wt AS Sed WLI oe 6Z0S@ DUOZUY ‘xIUB>Y Well BAY OMOad “M LPT HFTWN 08) GZ4Y90T WWE 8 MOTe OFS0d0Ud HOF FCD Permit No.: 2019P261 Vie LIUAXT anso | ; .€€61 SES 97S OMT Ma GSdNVLS 1-991 Nav ania ff d¥O SSVUE O19 «S'¢ GNNOS (w)87'Z9rL Sty.8b.e9s 9¢ ‘OS “YOO 9L/E M SSS t ‘IO0d 6S (W).92Z9rL 3.6¢,8r.295/" 7 GOZ0-L1-S91 Nav” ~. Exhibit “A” continued Attached to Non-exclusive Utility Easement (¥),9VOLL M.bZ,E2.0N LES ; ().21°02 1 3,.66,£2.0S Ce hi dnt (y),00°01L M,Sz,se.6en_ £HT CW).10'011 .00,98.68N | 2 rege OLLO-CL-S9L NdV 8g NS oT 0S 0 N gr O0l=1 FWIS Fos we AS AR NF sauovereo B= “LVS vi99'PLL'9¢ (4) le" 3,S¢,£L.0S WEST MOH (W).Lb'LeL 20,4 LON ddhvzoees | MZ Bedzei dd HY 68°7P+8 OL ebbl Tas 7 \_(a),08°6E 1 3,20, 18.68N 91 62¢1 Ta. GAdWVLS qadwvis “Liq (W)LZ'621 3.4S,67.68N > 4% EBL SES HES 97S 17S. % — GadINVLS dvo SSvud O19 .GZ GNNOS 9@ “OaS YOO MS Page 8 of 8 APN: 165-12-014B, 016B, and 017B ptn. FCD Project: Dreamy Draw Dam FCD Parcel No.: DDRAW-1, 2, and 3 MARICOPA COUNTY Real Estate Department INTEROFFICE MEMORANDUM Date: August 17, 2021 To: Michael Fulton, Director FCD From: Mona D. Cervantes, Senior Property Management Specialist Subject: Non-Exclusive Utility Easement Mr. Fulton, Right of Way Permitting has requested we create an easement for Permit 2019P261. District Staff approved plans and determined it meets District standards. Attached is the original Easement and exhibits for your review, approval, and signature. This document has been approved as to form by FCD Counsel and signed by both Wayne Peck and Alex Smith. With your signature of approval, it will be sent through the next Consent Agenda to the BOD. Should you have any questions, comments, ot would like to meet to discuss further, don’t hesitate to contact me. Please call or email me to pick up personally Thank you, sf ‘ , WA LOTLA a Mona Cervantes, SR/WA Enclosure: Original Utility Easement 2801 West Durango Street Phoenix, Arizona 85009 ~==Phone: 602-506-4648 Fax: 602-506-4161