A1. 300.01.12_SH-377-3_OG-DE.PDF

When recorded, return to: 
Flood Control District of Maricopa County 
2801 West Durango Street 
Phoenix, AZ 85009 (MDH) 
 
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300.01.12_SH-377-3_OG-DE 
 
EXEMPT ARS § 11-1134, A2 
 
 
 
 
 
 
 
 
 
 
FCD 1999R016 
NON-EXCLUSIVE DRAINAGE EASEMENT 
FCD Project: Spookhill FRS and Outlet 
FCD Parcel No.: SH-377-3 
APN:  219-19-006Y ptn.  
FCD Permit No.: 2014P027 
 
This Non-Exclusive Drainage Easement is entered into by and between the following 
parties 
 
GRANTOR: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a 
political subdivision of the State of Arizona 
 
GRANTEE: 
EDKEY INC., an Arizona Non-Profit corporation and/or its successors and 
assigns 
 
In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October 
24, 2018, for the sum of Six Hundred DOLLARS and no/100 ($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 in, upon, over, under, 
across, through and along a portion of the premises set forth in instrument number 19760242976, 
recorded September 28, 1976 in the official records of Maricopa County (“Burdened Property”). 
The granted easement, described on the attached Exhibit “A” (“Easement”), is for the purpose of 
constructing, operating, repairing, and maintaining bleed-off drainage improvements on Flood 
Control District (FCD) property, and appurtenances thereto (collectively, the “Facility”), in 
accordance with FCD Right-of-Way Use Permit No. 2014P027 (“FCD Permit”). 
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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300.01.12_SH-377-3_OG-DE 
 
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to 
have unrestricted access to and use of the Easement for the purpose of operation and maintenance 
of the flood control project known as the Spookhill FRS and Outlet (Project). GRANTOR shall 
endeavor to use its best efforts to operate and maintain the 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 Burdened Property functioning as a 
flood control project. 
In the event any use or activity conducted pursuant to the rights granted in this easement 
by the GRANTEE interferes with GRANTOR’S use of the Burdened Property or the Burdened 
Property is needed to construct, maintain, or relocate any portion of GRANTOR’S Project 
(collectively “Interference”), GRANTEE shall, at GRANTOR’S request and GRANTEE’S sole 
expense, eliminate the Interference upon notice from the GRANTOR. If elimination of 
Interference, including but not limited to the relocation of the Facility, or any part thereof, requires 
a right of way use permit, actual construction shall begin within thirty (30) days following 
GRANTOR’S issuance of a right-of-way use permit. Upon mutual agreement, the time frame 
for the start and completion of said work may be extended based on the requirements of 
GRANTOR. If GRANTEE’S effort to eliminate Interference delays construction by 
GRANTOR, and causes GRANTOR to be liable for 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, at its sole cost and expense, maintain the Easement, and 
GRANTEE’S Facility located within the Easement, in a state of good repair and in a safe 
condition, including without limitation the removal of trash and debris from the Easement. The 
rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now 
growing, or that may hereafter grow, within the Easement, or that may extend over the Easement, 
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, 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

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300.01.12_SH-377-3_OG-DE 
 
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 shall 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. 
In the event GRANTEE fails to install the Facility within the Easement, 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 GRANTEE to use the 
Easement for the purpose stated herein, and do not include the right to permit and/or grant any other 
use of the Easement to another party.  
This Easement shall run with the land and is binding on all parties.

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300.01.12_SH-377-3_OG-DE 
 
RECOMMENDED FOR APPROVAL: 
 
 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
 
 
 
 
 
 
 
 
 
 
 
Scott Vogel 
 
 
 
Date 
 
 
Chief Engineer and General Manager 
 
 
MARICOPA COUNTY REAL ESTATE DEPARTMENT 
 
 
 
 
 
 
 
 
 
 
 
Alex Smith 
 
 
 
Date 
Director 
 
 
 
 
 
APPROVED AS TO FORM and within the powers and authority granted under the laws of the 
State of Arizona. 
 
 
 
 
 
 
 
 
 
 
Wayne Peck 
Date 
District General Counsel 
 
 
3/14/2024
3/14/2024
3/14/2024

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300.01.12_SH-377-3_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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300.01.12_SH-377-3_OG-DE 
 
GRANTEE ACCEPTANCE AND APPROVAL: 
 
EDKEY, INC., an Arizona nonprofit Corporation, and/or its successors and assigns 
 
 
By: ___________________________________ 
Mark J. Plitzuweit 
 
Its: President/CEO Edkey® Inc. 
 
 
STATE OF ARIZONA  
) 
)ss 
COUNTY OF MARICOPA  ) 
 
The foregoing instrument was acknowledged before me this 14th  day of March 2024 , by Mark J. 
Plitzuweit its President/CEO Edkey® Inc. for EDKEY, INC., an Arizona nonprofit Corporation 
and/or its successors and assigns, on behalf of the Grantee. 
               
 
 
 
______________________________ 
 
  Notary Public (signature) 
 
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. 
 
 
 
3/14/2024

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

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

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300.01.12_SH-377-3_OG-DE 
 
Exhibit “A” - continued 
Attached to Non-exclusive Drainage Easement