E1. THE_POINTE_AT_TAPATIO_WALL_EASEMENT_11-18-2022_INT_SIGNED (1).PDF

When recorded, return to: 
Flood Control District of Maricopa County 
2801 West Durango Street 
Phoenix, AZ 85009 (DMB) 
EXEMPT ARS § 11-1134, A2 
FCD 1999R016 
NON-EXCLUSIVE EASEMENT 
FCD Project: 10th Street Drain and Basins 
FCD Parcel No.: TB1-03 
APN: 159-28-003R ptn.  
FCD Permit No.: 2021P266 
This Non-Exclusive wall 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: 
THE 
POINTE 
AT 
TAPATIO 
CLIFFS 
CONDOMINIUMS 
ASSOCIATION,  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 ($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 easement in, upon, over, under, across, through and along 
a portion of the premises set forth in instrument number 1995-049989 in the official records of 
Maricopa County (“Burdened Property”).  The granted easement, described on the attached 
Exhibit “A” (“Easement”), is for the purpose of repairing and maintaining a pre-existing 
subdivision wall, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD 
Right-of-Way Use Permit No. 2021P266 (“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. 
 Page  of 

FCD Project: 10th Street Drain and Basins  
FCD Parcel No.: TB1-03       
Page 2 of 8 
APN: 159-28-003R 
FCD Permit No.: 2021P266  
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 10th Street Drain and Basins (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

FCD Project: 10th Street Drain and Basins  
FCD Parcel No.: TB1-03       
Page 3 of 8 
APN: 159-28-003R 
FCD Permit No.: 2021P266  
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 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, 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 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 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.

FCD Project:WK6WUHHW'UDLQDQG%DVLQV
FCD Parcel No.: 7%
Page  of 
APN: 53WQ
FCD Permit No.:3
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL: 
Michael A. Fulton
Date
Director
REAL ESTATE DEPARTMENT APPROVAL:
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.
District General Counsel
Date










FCD Project: 10th Street Drain and Basins  
FCD Parcel No.: TB1-03       
Page 5 of 8 
APN: 159-28-003R 
FCD Permit No.: 2021P266  
APPROVED: 
BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA 
COUNTY 
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 
   day of 
, 202 . 
______________________________
Notary Public (signature)

FCD Project: 10th Street Drain and Basins 
FCD Parcel No.: TB1-03       
Page 6 of 8 
APN: 159-28-003R 
FCD Permit No.: 2021P266 
GRANTEE ACCEPTANCE AND APPROVAL: 
THE POINTE AT TAPATIO CLIFFS CONDOMINIUM ASSOCIATION, an Arizona 
non-profit corporation 
By 
     Charles (Bill) McFarlane, Board President 
STATE OF ARIZONA  
) 
)ss 
COUNTY OF MARICOPA 
) 
The foregoing instrument was acknowledged before me this _______ day of ____________, 
20__, by Charles (Bill) McFarlane, its Board President of The Pointe at Tapatio Cliffs 
Condominium Association, an Arizona non-profit corporation, and/or its successors and assigns. 
and/or its successors and assigns. 
My Commission Expires_______________              ______________________________ 
Notary Public (signature) 
6th
December
22
03/28/2025

FCD Project: 10th Street Drain and Basins  
FCD Parcel No.: TB1-03       
Page 7 of 8 
APN: 159-28-003R 
FCD Permit No.: 2021P266

FCD Project: 10th Street Drain and Basins  
FCD Parcel No.: TB1-03       
Page 8 of 8 
APN: 159-28-003R 
FCD Permit No.: 2021P266