A1. 200.01.12_FA-032-01_OG-RE.PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009 (MDH)

EXEMPT ARS § 11-1134, A2
FCD 1999R016

NON-EXCLUSIVE DRAINAGE AND ROADWAY EASEMENT

FCD Project: White Tanks 03 Outlet Channel
FCD Parcel Nos.: FA032-01 and FA032-02
APNs: 502-28-563A and 502-77-748A ptns.
FCD Permit No.: 2017P112 and 2017P114
This Non-Exclusive Drainage and 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: CITY OF BUCKEYE, an Arizona municipal corporation, its
representatives, heirs, executors, administrators, successors, and assigns

In accordance with GRANTOR’S Board of Directors Resolutions 2018R013 dated
October 24, 2018 and 88-5 dated January 16, 1989, for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to
GRANTEE a perpetual, non-exclusive Drainage and 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 (“The Roadway”) and appurtenances thereto as may be reasonably necessary to The
Roadway (collectively, the “Facility”), in accordance with Flood Control District }CD) Right-of-
Way Use Permit Nos. 2017P112 and 2017P114 (“FCD Permits”).

Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural resource 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.

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200.01.12_FA032-01_OG-DE

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
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 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
portions(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 The
Project. If GRANTEE’S relocation effort delays construction of a GRANTOR project, and
causes GRANTOR to be liable for damages, GRANTEE shall reimburse GRANTOR for those
damages that are proximately attributable to the delay created by GRANTEE, within thirty (30)
days after GRANTEE’S receipt of the GRANTOR’S invoice together with supporting

documentation of the foregoing.

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 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. Subject to Grantee Indemnification
set forth herein, GRANTEE has no obligation to maintain or repair any project facilities of the
Flood Control District, including but not limited to walls, dams, dikes, ditches, drainage channels,

reservoirs, retention basins, and/or gates.

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200.01.12_FA032-01_OG-DE

Upon the installation of GRANTEE’S Facility in accordance with said FCD Permits, any
modification whatsoever to the Easement Property, the Facility, or any appurtenance of
GRANTEE located therein, that is not in compliance with said FCD Permits, 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, taxable court costs,
and all other reasonable 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, its officers, employees, agents or contractors (“Grantee Indemnification”).

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.

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200.01.12_FA032-01_OG-DE

This Easement may be executed in one or more counterparts, each of which in the aggregate
shall constitute one and the same instrument. Electronic signatures shall be effective to bind the
parties.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

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200.01.12_FA032-01_OG-DE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:

ult Vo
$ yl 4/2/2024
Scott Vogel Date

Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

‘DocuSigned by:
AS 4/1/2024

Alex Smith Date
Director

APPROVED AS TO FORM and within the powers and authority granted under the laws of the

State of Arizona.

‘DoouSigned by:

Wauine Puck 4/1/2024

DEAAC4ES.

Wayne Peck Date
District General Counsel

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200.01.12_FA032-01_OG-DE

APPROVED

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

Chairman of the Board Date

Printed Name:

ATTEST

Clerk of the Board Date

Printed Name:

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

Directors for the Flood Control District of Maricopa County.

Given under my hand and seal of the office this day of. 20,

Notary Public (signature)

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200.01.12_FA032-01_OG-DE

GRANTEE ACCEPTANCE AND APPROVAL:

CITY OF BUCKEYE, an Arizona municipal corporation

‘DocuSigned by:
( Danie Cotturman. 3/28/2024

4£2C57DD38E440E.

Dan Cotterman, City Manager

STATE OF ARIZONA
SS
COUNTY OF MARICOPA

eYyew

The foregoing instrument was acknowledged before me this 28" day of March,
2024, by Dan Cotterman, City Manager of the City of Buckeye-—Docusigned by:

[ Ate

2D5605262258465.-
Notary Public (signature)

MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 2027

Notary Stamp Seal

The notary public certifies that appropriate authorization has been issued by the Arizona
Secretary of State to allow electronic notarizations or remote online notarization pursuant
to A.R.S. § 41-276. This remote notarial act involved the use of communication technology.

ATTEST:

Lucinda J. Aja, City Clerk

APPROVED AS TO FORM:

DocuSigned by:
Le $oaMey
K. Scott McCoy, City Attorney

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200.01.12_FA032-01_OG-DE

Exhibit “A” - Easement
Attached to Non-exclusive Drainage and Roadway Easement

VILLAGE GROVE AT VERRADO DECEMBER 1, 2016
ROADWAY AND DRAINAGE EASEMENT Job No. 14-039
Page 1 of 3

AN EASEMENT SITUATED IN THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 2 NORTH,
RANGE 2 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND BRASS CAP IN A HAND HOLE AT THE SOUTHEAST CORNER OF SAID
SECTION 20, FROM WHICH A FOUND BRASS CAP FLUSH AT THE SOUTH QUARTER CORNER OF
SAID SECTION 20 BEARS SOUTH 89 DEGREES 56 MINUTES 28 SECONDS WEST, A DISTANCE OF
2649.96 FEET;

THENCE NORTH 00 DEGREES 10 MINUTES 17 SECONDS EAST, ALONG THE EAST LINE OF SAID
SECTION 20, A DISTANCE OF 395.02 FEET;

THENCE NORTH 89 DEGREES 49 MINUTES 43 SECONDS WEST, LEAVING SAID EAST SECTION
LINE, A DISTANCE OF 65.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF JACKRABBIT
TRAIL AND THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED;

THENCE NORTH 13 DEGREES 57 MINUTES 32 SECONDS WEST, LEAVING SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 51.58 FEET;

THENCE NORTH 12 DEGREES 09 MINUTES 20 SECONDS WEST, A DISTANCE OF 58.88 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 46 SECONDS WEST, A DISTANCE OF 33.36 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 28.79 FEET;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 128.27 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 76.47 FEET;
THENCE NORTH 89 DEGREES 55 MINUTES 44 SECONDS WEST, A DISTANCE OF 27.06 FEET;
THENCE NORTH 00 DEGREES 10 MINUTES 17 SECONDS EAST, A DISTANCE OF 64.49 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 29.28 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 50.64 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 104.56 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 50.64 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 44.34 FEET;

THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 23.26 FEET;

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200.01.12_FA032-01_OG-DE

Exhibit “A” - continued
Attached to Non-exclusive Drainage and Roadway Easement

Page 2 of 3

THENCE SOUTH 89 DEGREES 51 MINUTES 07 SECONDS EAST, A DISTANCE OF 24.29 FEET;
THENCE NORTH 04 DEGREES 11 MINUTES 54 SECONDS WEST, A DISTANCE OF 31.55 FEET;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 7.92 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 89.43 FEET TO
THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS
POINT BEARS NORTH 81 DEGREES 36 MINUTES 35 SECONDS EAST, A RADIAL DISTANCE OF
2,320.00 FEET;

THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00
DEGREES 59 MINUTES 42 SECONDS, A DISTANCE OF 40.29 FEET TO A POINT OF COMPOUND
CURVATURE TO THE RIGHT HAVING A RADIUS OF 37.00 FEET;

THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19
DEGREES 12 MINUTES 30 SECONDS, A DISTANCE OF 12.40 FEET;

THENCE NORTH 11 DEGREES 48 MINUTES 48 SECONDS EAST, A DISTANCE OF 9.32 FEET;
THENCE NORTH 04 DEGREES 11 MINUTES 54 SECONDS WEST, A DISTANCE OF 54.02 FEET;
THENCE SOUTH 76 DEGREES 46 MINUTES 42 SECONDS WEST, A DISTANCE OF 71.49 FEET;
THENCE SOUTH 10 DEGREES 37 MINUTES 08 SECONDS EAST, A DISTANCE OF 3.47 FEET TO THE
POINT OF CURVATURE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS
POINT BEARS NORTH 24 DEGREES 14 MINUTES 05 SECONDS EAST, A RADIAL DISTANCE OF 36.66
FEET; :

THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 65
DEGREES 22 MINUTES 11 SECONDS, A DISTANCE OF 41.83 FEET;

THENCE NORTH 27 DEGREES 15 MINUTES 42 SECONDS EAST, A DISTANCE OF 26.85 FEET;
THENCE NORTH 08 DEGREES 25 MINUTES 57 SECONDS EAST, A DISTANCE OF 16.31 FEET;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 90.85 FEET;
THENCE NORTH 00 DEGREES 10 MINUTES 17 SECONDS EAST, A DISTANCE OF 79.11 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 85.30 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 19.56 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 58.03 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 19.56 FEET;

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200.01.12_FA032-01_OG-DE

Exhibit “A” - continued
Attached to Non-exclusive Drainage and Roadway Easement

Page 3 of 3

THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 50.25 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 269.16 FEET;

THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 21.22 FEET TOA
POINT ON THE WEST RIGHT OF WAY LINE OF SAID JACKRABBIT TRAIL;

THENCE SOUTH 00 DEGREES 10 MINUTES 17 SECONDS WEST, ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 853.49 FEET TO THE POINT OF BEGINNING OF THE EASEMENT
HEREIN DESCRIBED.

SAID EASEMENT CONTAINS 67,660 SQUARE FEET OR 1.553 ACRES, MORE OR LESS.

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Exhibit “A” - continued
Attached to Non-exclusive Drainage and Roadway Easement

NTS 135 @ %

RIGHT OF WAY
PER BOOK 1270
PAGE 9

28"
RIGHT OF WAY
PER BOOK 1270 26-9 L24_-4

PAGE 9 L25—“Eg' 129 }

N
N
L36

L19
VILLAGE GROVE  petaiaeiaer 4 VE-LI8
PROPOSED

| 1 Je
PARCEL 'A3' [1 We 5

NOO1017°E 2635.65"

JACKRABBIT TRAIL

Lio

| 65' RIGHT OF WAY
9) eres PER BOOK 1270
re LS \ PAGE 9

i

FLOOD CONTROL L2
DISTRICT OF 75' RIGHT OF WAY

MARICOPA PER BOOK 1270
COUNTY PAGE 9

i

VILLAGE VILLAGE

GROVE GROVE
PROPOSED PROPOSED
Ss PARCEL 'A2' PARCEL 'A1'

ul

‘a
ws
| se
RL
PS
SSS
NPL
bk ss
} Sap

T

CNG BASIS OF BEARING 67'

© \________ $89°56'28"W_2649,96’ —__1_
\ INDIAN SCHOOL ROAD

RIGHT OF WAY RIGHT OF WAY
PER BOOK 1270 — PER BOOK 1270
PAGE 9 PAGE 9

S| i IG VILLAGE GROVE AT VERRADO
ROADWAY AND DRAINAGE EASEMENT
SURVEY INNOVATION JOB #14—039 |DWG:DRAINAGE&ACCESS #4 |DATE: 12/1/16
GROUP, INC SCALE: NTS [DRAWN: JAS |CHK: RMH SHEET: 1 OF 2

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200.01.12_FA032-01_OG-DE

Exhibit “A” - continued
Attached to Non-exclusive Drainage and Roadway Easement

Line Table Line Table
LINE DIRECTION LENGTH | LINE DIRECTION LENGTH
ui NO10'17"E 395.02 L19 $90°00’00"W 7.92

L2 N89°49'43"W 65.00 L20 NO’00'00"E 89.43

L3 N13°57'32"W 51.58 L21 N11°48'48"E 9.32

L4 N12°09’20"W 58.88 L22 N4°11°54"W 54.02

LS $89'59'46"W 33,36 L23 | S76°46'42”W 71.49
L6 $00°00’00"E 28.79 L24 $10°37'08"E 3.47
L7 $90°00’00"W | 128.27 L25 N2715'42"E 26.85
L8 NO'00'00"E 76.47 L26 N8'25'57"E 16.31

©
“reiRes 3/31

Lo N89°55'44"W 27.06 L27 | s90°00’00"W 90.85

L10 NO'10'17"E 64.49 L28 NO10'17"E 79.11

Li N90°00’00"E 29.28 L29 | N90°00’00"E 85,30

L12 NO‘00'00"E 50.64 L30 NO‘00'00"E 19.56

Lis N90°00'00"E | 104,56 L314 N90°00'00"E 58.03

Li4 S0'00’00"E 50.64 L32 $0°00'00"E 19.56

L15 N90°00'00"E 44,34 L33 N90°00'00"E 50.25

Li6 NO*‘00’00"E 23,26 L34 NoO‘00'00"E 269.16

ui7 $89°51'07"E 24,29 L35 N90‘00'00"E 21.22
Li8 N4°11'54"W 31.55 L36 $0"10'17"”W 853.49

CURVE TABLE
CURVE DELTA RADIUS LENGTH CHORD

ci 0°59’42” | 2320.00’ 40,29" $7°53'33"E 40,29’

C2 | 19°12'30” | 37.00’ 12.40' | S$212'33"W 12.35'
C3 | 65'22'11" | 36.66’ 41.83' | N81°32'59"W 39.60’
S i G VILLAGE GROVE AT VERRADO
ROADWAY AND DRAINAGE EASEMENT

SURVEY INNOVATION JOB #14-039 |DWG:DRAINAGEXACCESS #4 |DATE:12/1/16
GROUP, INC SCALE: NTS [DRAWN: JAS |CHK: RMH  |SHEET: 2 OF 2

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