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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 1999RO16 NON-EXCLUSIVE UTILITY EASEMENT FCD Project: Rittenhouse Road Drain FCD Parcel No.: RR-20 Portion of APNs: 304-66-010H and 010F ECD Permit No.: 2022P268 This Non-Exclusive Utility 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: TOWN OF QUEEN CREEK, an Arizona Municipal Corporation, 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 utility easement in, upon, over, under, across, through and along a portion of the premises set forth in instrument number 19970508231 recorded July 28, 1997 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, inspecting, repairing, and maintaining a sewer line and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2022P268 (“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 1 of 8 480.01.12_RR-20_OG-UE 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 Rittenhouse Road Drain (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 shail 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 tight 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 Page 2 of 8 480.01.12_RR-20_OG-UE 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 ali 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 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 ail parties. Page 3 of 8 480.01.12_RR-20_OG-UE RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DocuSigned by: Seat Vogl 12/12/2023 tn TARB 4702881 140A. Scott Vogel Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT ‘DoouSigned by: — 12/12/2023 Alex Smith — Date Director APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. ‘DocuSignedby: Waagas Puke 12/12/2023 Wayne Peck Date District General Counsel Page 4 of 8 480.01.12_RR-20_OG-UE 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) Page 5 of 8 480.01.12_RR-20_OG-UE GRANTEE ACCEPTANCE AND APPROVAL: TOWN OF QUEEN CREEK, an Arizona Municipal Corporation of the State of Arizona, and/or its successors and assigns we rh ot — Bruce Gardner, Town Manager STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) th The foregoing instrument was acknowledged before me this 5 day of Decembouy 2022 , by Bruce Gardner, Town Manager of TOWN OF QUEEN CREEK, an Arizona Municipal Corporation of the State of Arizona, and/or its successors and assigns Qxo | Notary PublicAsignature) SHELBY MOODY Notary Public ‘ Commission Number 64433 Expires: May 9, 2026 Pinal County Notary Stamp Seal APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. Scott A. Holcomb Date Town Attorney Page 6 of 8 480.01.12_RR-20_OG-UE Exhibit “A” - Easement Attached to Non-exclusive Drainage Easement P:\TOQG_Utiitlea\OS151_On~Coll FY2022\0048 — UPRR Sewer Crossing Design \Survey\dng\LUE\UBRR-Flood Control Eomtdwg Jul 26. 2023 09:38AM hecarla EASEMENT DESCRIPTION A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DOCUMENT NUMBER 1997-0508231, MARICOPA COUNTY RECORDS, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 7 EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2” ALUMINUM CAP FLUSH MARKING THE NORTH QUARTER CORNER OF SAID SECTION 16, FROM WHICH A TOWN OF QUEEN CREEK BRASS CAP IN A HANDHOLE MARKING THE NORTHWEST CORNER OF SAID SECTION 16 BEARS NORTH 89°48'50” WEST, A DISTANCE OF 2647.19 FEET; THENCE NORTH 89°48'50” WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16, A DISTANCE OF 164.90 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 36'28'38” WEST, A DISTANCE OF 175,72 FEET, TO A POINT ON THE SOUTH LINE OF SAID PARCEL; THENCE NORTH 89°48’50” WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 24.81 FEET TO A POINT ON THE NORTHEASTERLY LINE OF A PARCEL OF LAND, DESCRIBED IN DOCUMENT NUMBER 1954-0004948, MARICOPA COUNTY RECORDS; THENCE NORTH 36'28'38" EAST, A DISTANCE OF 175,72 FEET, TO A POINT ON SAID NORTH LINE; THENCE SOUTH 89°48°50 EAST ALONG SAID NORTH LINE, A DISTANCE OF 24.81 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 3514 SQUARE FEET OR 0.0807 ACRES, MORE OR LESS. SEE ATTACHED EXHIBIT “A” BY REFERENCE MADE A PART HERETO, NICHOLAS JOHNSON IL Gs, oY @ SUNRISE ENGINEERING 2045 SOUTH VINEYARD, SUITE 101 SHEET 1 OF 2 TEL 490.760-0600,* FAX 480.768.8609 www.sunrise-eng.com Page 7 of 8 480.01.12_RR-20_OG-UE Exhibit “A” - continued Attached to Non-exclusive Drainage Easement eouu_Wuivor eau a fl vaiwaid fives Wun = UENA Smee wimeny ome out vay any \LEEe \UTRINmT EXHIBIT “A” NOT TO SCALE NORTHWEST CORNER Poc SECTION 16 T2S R7E G&SRM NORTH QUARTER CORNER FOUND TOWN OF QUEEN CREEK SECTION 16 T2S R7E G&SRM BRASS CAP IN HANDHOLE FOUND 2° ALUMINUM CAP FLUSH N89°48°50"W 2647.19" a NN 164.90" . POB N N FLOOD CONTROL DISTRICT OF MARICOPA COUNTY | DOC. NO. 1997-0508231, MCR NX ~N N NN L2 SOUTHERN PACIFIC 7 7 TRANSPORTATION CO APN 304-866-425 . DOC. NO, 1934-0004948, MCR \ NX NN LINE. TABLE LEGEND LINE #] DIRECTION | LENGTH E EAST oe : G&SRM GILA AND SALT RIVER MERIDIAN Li | $36'28'38"W | 175.72 NR MARICOPA COUNTY RECORDS 12 | nagvarsorw | oar POB POINT OF BEGINNING aaa , POC POINT OF COMMENCEMENT L3 | N36'28'38"E | 175.72 R RANGE anenm : SOUTH 4 | seo‘4e’so"E | 24.81 T TOWNSHIP W WEST nm EASEMENT BOUNDARY ~~ — ~ — RIGHT-OF-WAY LINE @ SUNRISE —— — — —— OTHER PROPERTY LINE Ww ENGINEERING ee PLSS SECTION LINE 2045 SOUTH VINEYARD, SUITE 101 SHEET 2 OF 2 TEL 400.760-8600" + FAX 480,768.0609 WWW. SUATISE-ENZ.COM Page 8 of 8 480,01.12_RR-20_OG-UE