PARTIALLY EXECUTED DRAINAGE EASMENT (FCD TO MCDOT) TT0562.PDF

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
MCDOT Road File No. A562

DRAINAGE EASEMENT

FCD Project: Reems Road Channel and Basin
FCD Parcel No.: A022-006

APN: 501-48-004V ptn.

FCD Permit No.: 2018P125

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: MARICOPA COUNTY, a political subdivision of the State of Arizona,
and/or its successors and assigns

In accordance with GRANTOR’S Board of Directors Resolutions 2018R013, for and in
consideration of the sum of One Thousand One Hundred DOLLARS ($1,100.00) and 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 a
Storm Drain, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD

Right-of-Way Use Permit No. 2018P125 (“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 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
GRANTEE’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 (0) 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 GRANTEE’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 7
APN: 501-48-004V ptn.

ject: R Road Ch i Basi
FCD Project: Reems Roa annel and Basin FCD Permit No.: 2018P125

FCD Parcel No.: A022-006

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 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. 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

a. . APN: 501-48-004V ptn.
FCD Project: Reems Road Channel and Basin FCD Permit No.: 2018P125

FCD Parcel No.: A022-006

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 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
APN: 501-48-004V ptn.

FCD Project: Reems Road Channel and Basin FCD Permit No.: 2018P125

FCD Parcel No.: A022-006

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART
| Apest S202

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:
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
APN: 501-48-004V ptn.

FCD Project: Reems Road Channel and Basin FCD Permit No.: 2018P125

FCD Parcel No.: A022-006

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)

REAEESBABE DEPARTMENT APPROVAL:

Mere Suitle 8/5/2021
F0612R0D565D4CC.
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.

WA

District General Counsel Date: August 4, 2021

Page 4 of 7

a : APN: 501-48-004V ptn.
FCD Project: Reems Road Channel and Basin FCD Permit No.: 2018P125

FCD Parcel No.: A022-006

GRANTEE ACCEPTANCE:

MARICOPA COUNTY, a municipal corporation and a political subdivision of the State of
Arizona, and/or its successors and assigns

By.
Jack Sellers, Chairman of the Board Supervisors

ATTEST:

Date

Clerk of the Board of Supervisors

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 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 , 20

Notary Public (signature)

APPROVED AS TO FORM and within the powers and authority of the Board of Supervisors
SIGNED IN COUNTERPART

Deputy County Attorney Date

Page 5 of 7

APN: 501-48-004V ptn.

FCD Project: Reems Road Channel and Basin FCD Permit No.: 2018P125

FCD Parcel No.: A022-006

GRANTEE ACCEPTANCE:

MARICOPA COUNTY, a municipal corporation and a political subdivision of the State of
Arizona, and/or its successors and assigns

By SIGNED IN COUNTERPART

Jack Sellers, Chairman of the Board Supervisors

ATTEST:

SIGNED IN COUNTERPART
Date

Clerk of the Board of Supervisors

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 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 , 20

Notary Public (signature)

APPROYER,AS:TO FORM and within the powers and authority of the Board of Supervisors

2, Cpt MpBradbe 8/5/2021
Deputy County Attorney Date
Page 5 of 7

‘ . APN: 501-48-004V ptn.
FCD Project: Reems Road Channel and Basin FCD Permit No.: sUIere

FCD Parcel No.: A022-006

Exhibit “A”
Parcel No. 501-48-004 V(A Portion of)
Project No. TT0562
OLIVE AVENUE
(SARIVAL AVENUE TO REEMS ROAD)
Item No. D23503-2

EXHIBIT “A”

LEGAL DESCRIPTION FOR DRAINAGE EASEMENT

A parcel of Jand lying within a portion of that property as described in Document 2007-0797434,
Maricopa County Records, lying within the Northeast Quarter of Section Thirty One, Township Three
North, Range One West of the Gila and Salt River Base and Meridian, and being more particularly
described as follows:

Commencing at the Northeast corner of said Section 31, being a brass cap in handhole, from which
the East Quarter corner of said Section 31, a brass cap in handhole, bears South 00°00'S8" West, fora
distance of 2632.18 feet;

thence along the East line of said Section 31 South 00°00'S8" West, for a distance of 370.98 feet;
thence departing said East section line North 89°59'02" West, for a distance of 65.00 fect to a point on
a line parallel with and 65,00 feet westerly of the East line of said Northeast Quarter to the Point of
Beginning;

Thence along the said parallel line South 00°00'S8" West, for a distance of 20.00 feet;

thence departing said parallel line North 89°02'26" West, for a distance of 105,01 feet to a point ona
line parallel with and 170,01 feet westerly of the East line of said Northeast Quarter;

thence along said parallel line North 00°00'S8" East, for a distance of 20.00 feet;

thence departing said parallel line South 89°02'26" East, for a distance of 105.01 feet to the Point of
Beginning.

The above described parcel contains 2,100 square feet or 0.0482 Acres more or less.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 01-9/16/19 | chk: | Apres y Vo g-te-2014

__ Maricopa County Public Works - Real Estate i/o :

GRANTOR DA’
BIT “A”
Page | of |

Page 6 of 7
FCD Project: Reems Road Channel and Basin rcR. ee Ne ronin iene
FCD Parcel No.: A022-006 “

Exhibit “A” continued

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EXPIRES 12/31/2020

023503-2 Drainage Easement:
2,100 square feet or 0.0482 acres

EXIST oS
RW a | ;
SEC LN N89°02'26"~W 2635.66" 8
ae Olive Avenue Fe)
EXIST R/W POC ——
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‘NO. | BEARING | LENGTH 501-48-004V.
1 | Nasrss02 w | 65.00" PID 2007-0797434 ii .
L2 S 00°00'58" W 20.00" & |
i3_| Neo°0226"w | 105.01 S|
L4_|_No0‘00's8" E 20.00' e por ua Us s
is | Seoroz2ere | 105.07 te tts
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| 65' | 40' i
023503-2 ZA
DRAINAGE ~ A
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Tay

MARICOPA COUNTY REAL ESTATE DEPARTMENT

170562 Olive Ave - Sarival Ave to Reems Rd

PROJECT No. TT0562

ITEM No. 023503-2

DATE 9-11-19

M.C.D.0.T.

R/W Agent: J.Rod.
Tech: OL

Page 7 of 7

FCD Project: Reems Road Channel and Basin
FCD Parcel No.: A022-006

APN: 501-48-004V ptn.

FCD Permit No.: 2018P125