G1. MCDOT ROADWAY EASEMENT_ (FCD PERMIT 2021P153).PDF
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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 ROADWAY EASEMENT FCD Project: Whites Tanks 03 FCD Parcel No.: WT3-03 APN: 502-22-006 ptn. FCD Permit No.: 2021P153 This Easement is entered into by and between the following parties and becomes effective as of the date of recordation with the Maricopa County Recorder. 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 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 non-exclusive roadway easement (“Easement”) in, upon, over, under, across, through and along a portion of the premises set forth in instrument number 1987-0624561, recorded October 08, 1987 in the official records of Maricopa County (“Burdened Property”). The granted Easement, described on the attached Exhibit “A” (“Easement Area”), is for the purpose of constructing, operating, repairing, and maintaining a public roadway, and appurtenances thereto (collectively, the “Roadway”), in accordance with FCD Right-of-Way Use Permit No. 2021P153 (“FCD Permit”), together with the right to permit the installation of underground utilities within the Easement Area in cooperation with the GRANTOR. 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. 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 Area for the purpose of operation and maintenance of the flood control project known as the White Tanks 3 FRS (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 Roadway 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 GRANTEB’S sole expense, eliminate the Interference upon notice from the GRANTOR. If elimination of Interference, including but not limited to the relocation of the Roadway, 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 Area, and GRANTEEF’S Roadway located within the Easement Area, in a state of good repair and in a safe condition, including without limitation the removal of trash and debris from the Easement Area. 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 Area, or that may extend over the Easement Area, so as to protect the same from interfering with the maintenance and operation of GRANTEE’S Roadway. Page 2 of 8 APN: 502-22-006 ptn. FCD Project: White Tanks 03 FCD Permit No.: 2021P153 FCD Parcel No.: WT3-03 After the installation of GRANTEE’S Roadway in accordance with said FCD Permit, any modification whatsoever to the Easement Area, the Roadway, 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. In addition, any utility installations that are proposed within the Easement Area after the issuance of this Easement must be permitted by both the GRANTOR'S permit process 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 GRANTEF’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. In the event GRANTEE fails to install the Roadway within the Easement Area, or in the event GRANTEE removes the Roadway, or in the event the Roadway 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 Area to another party without prior approval of the GRANTOR. This Easement shall run with the land and is binding on all parties. Page 3 of 8 APN: 502-22-006 ptn. FCD Project: White Tanks 03 FCD Permit No.: 2021P153 FCD Parcel No.: WT3-03 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: DocuSigned by: Midal Culton 11/18/2022 Michael A. Fulton Date Director REAL ESTATE DEPARTMENT APPROVAL: ‘DocuSigned by: [ AS— 11/17/2022 F0612BODS65D4CC... Alex Smith, Director Date Maricopa County Real Estate Department APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. ‘DocuSigned by: Waywr- Pre 11/17/2022 poroppseppsa4p4+ District General Counsel Date Page 4 of 8 . ; APN: 502-22-006 pin. FCD Project: White Tanks 03 FCD Permit No.: 2021P153 FCD Parcel No.: WT3-03 APPROVED: BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Bill Gates Date Chairman of the Board 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 Bill Gates, known to me to be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision in the foregoing instrument. Given under my hand and seal of the office this FCD Project: White Tanks 03 FCD Parcel No.: WT3-03 » 202__ Notary Public (signature) APN: 502-22-006 ptn. FCD Permit No.: 2021P153 GRANTEE ACCEPTANCE AND APPROVAL: MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION DocuSigned by: Jennifer Tolle 11/17/2022 A= AQERA52ABBBNA5O. Jennifer Toth, P.E. Director APPROVED: MARICOPA COUNTY BOARD OF SUPERVISORS Bill Gates Date Chairman of the Board ATTEST: Clerk of the Board Date STATE OF ARIZONA ) )ss COUNTY OF MARICOPA) before me, Public in and for said County, State of Arizona, on this day personally appeared Bill Gates, known to me to be the Chairman of the Board of Supervisors the political subdivision described in the foregoing instrument. Given under my hand and seal of the office this day of » 20 Notary Public (signature) RQVEP AS TO FORM and within the powers and authority of the Board of Supervisors. Wayne Pel 11/17/2022 OB DGBBS24B4-- Deputy County Attorney Date Page 6 of 8 . : APN: 502-22-006 ptn. FCD Project: White Tanks 03 FCD Permit No.: D021P 83 FCD Parcel No.: WT3-03 Exhibit “A” - Easement Attached to Non-exclusive Roadway Easement WHITE TANK VISTAS RIGHT OF WAY 2 LEGAL DESCRIPTION The south 65.00 feet of the property as described in Document No. 2007-0662489, Records of Maricopa County, Arizona, being within the Southwest quarter of Section 33, Township 3 North, Range 2 West of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at a found 3-1/4 inch Maricopa County Aluminum cap, down 6 inches, accepted as the South quarter corner of said Section 33 from which a found 1 inch iron rod accepted as the Southwest corner thereof bears North 89°51'04" West, 2640.77 feet; Thence North 89°51'04" West, 60.00 feet along the south line of said Southwest quarter to the POINT OF BEGINNING; Thence continuing along said south line, North 89°51'04" West, 226.00 feet to the southwest corner of said Document No. 2007-0662489; Thence along the west line of said Document No. 2007-0662489, North 00°21'30" East, 65.00 feet to the north line of the south 65.00 feet of said Southwest quarter; Thence leaving said west line and along said north line, South 89°51'04" East, 226.00 feet to the east line of said Document No. 2007-0662489; Thence along said east line, South 00°21'32" West, 65.00 feet to the POINT OF BEGINNING. The above described parcel contains a computed area of 14,690 sq. ft. (0.3372 acres) more or less and being subject to any easements, restrictions, rights-of-way of record or otherwise. The description shown hereon is not to be used to violate any subdivision regulation of the state, county and/or municipality or any land division restrictions. Prepared by: HILGARTWILSON, LLC 2141 E. Highland Avenue, Suite 250 Phoenix, AZ 85016 Project No. 1821 Date: April 2021 Page 7 of 8 own: APN: 502-22-006 ptn. FCD Project: White Tanks 03 FCD Permit No.: 2021P153 FCD Parcel No.: WT3-03 Exhibit “A” - continued Attached to Non-exclusive Roadway Easement NORTH QUARTER comer | SECTION 33, TSN, R2W FOUND 3” MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION BRASS CAP IN HAND HOLE STAMPED "RLS 32222 2012” SOUTHWEST CORNER FOUND 1” IRON ROD FLOOD CONTROL DISTRICT DOWN 6 OF MARICOPA COUNTY 2007-0662489, M.C.R. —_— Ww $00°21°32”W NS 65,00’ I~ 60’ S 1° $89°51°04"E 226.00’ NO0°21730"E POINT OF \ 65.00’ BEGINNING \i N89°51’04”W_ 226.00’ 60.00’ SECTION 33, TSN, R2W N89°51’04"W 2640.77" NORTHERN AVENUE SOUTH QUARTER CORNER UP 2” SECTION 33, TN, R2W FOUND 3-1/4” MARICOPA COUNTY ALUMINUM CAP, STAMPED "RLS 29891 2003”, DOWN 6” POINT OF COMMENCEMENT PROJ.NO.: 1821 WHITE TANK VISTAS Mi, DATE: APR 2021 RIGHT OF WAY 2 LiA SCALE: N.T.S. MARICOPA COUNTY, ARIZONA | HILGARTWILSON DRAWN EYE IDL 2144 E. HIGHLAND AVE., STE. 250 E> HI 1 eel TT PHOENIX, AZ 85016 CHECKED BY: KJP P: 602.490.0535 / F: 602.368.2436 2021, HILGARTWILSON, LLC U: \1800\1821\ SURVEY \O0CS \LEGAL \1821-ROW-2-EXHIBIT. dng 4/30/2021 1:14 PM Page 8 of 8 FCD Project: White Tanks 03 FCD Parcel No.: WT3-03 APN: 502-22-006 ptn. FCD Permit No.: 2021P153