K1. NON-EXCLUSIVE DRAINAGE AND RIGHT OF WAY EASEMENT.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 RIGHT OF WAY EASEMENT

FCD Project: Rittenhouse Road Drain

FCD Parcel Nos.: RR-06; RR-06-02; RR-07;
RR-07-02; RR-08; RR-08-02

APNs: 304-61-015G; 023J; 023F; 023M ptns.
FCD Permit No.: 202 1P282

This Non-Exclusive Drainage and Right of Way 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: UNION PACIFIC RAILROAD COMPANY, a Delaware 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 NINETY-NINE THOUSAND FIVE HUNDRED TWENTY-SIX
DOLLARS and no/100 ($99,526.00), and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to
GRANTEE a drainage and right of way easement in, upon, over, under, across, through and along
a portion of the premises set forth in instrument numbers 19960280403 recorded April 24, 1996;
20010304049 recorded April 16, 2001; 19970493279 recorded July 22, 1997; 20010121161
recorded February 20, 2001; 19960551544 recorded August 05, 1996 and 20011035559 recorded
November 06, 2001 in the official records of Maricopa County (“Burdened Property”). The
granted easement, described on the attached Exhibit “A” and depicted on the attached Exhibit “B”
(“Easement”), is for the purpose of (i) allowing the conveyance of stormwater across the Easement;
(ii) construction, operation, repair, and maintenance of two box culverts, and other facilities
necessary for the drainage of stormwater across the Easement; and (iii) construction, operation,

repair, and maintenance of two sets of railroad tracks, in whole or in part to be used solely for

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transportation of items that can be legally transported over such area by way of railroad car or train
across the Easement, as well as appurtenances thereto (collectively, the “Facility”), in accordance

with FCD Right-of-Way Use Permit No. 2021P282 (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.

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 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

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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
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 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.

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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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

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RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:

Scott Von 10/4/2023

ABI1702881 4404

Scott Vogel Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DacuSigned by:
[Aa 10/4/2023
Alex Smith Date
Director

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

State of Arizona.

DocuSigned by:

Wayne Pule 10/3/2023

CO46ADODE44C4E5:

Wayne Peck Date
District General Counsel

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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 Contro] District of Maricopa County.

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

Notary Public (signature)

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GRANTEE ACCEPTANCE AND APPROVAL:

UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, and/or its successors and
assigns

DocuSigned by:

Churistopler 0. Goble 10/3/2023

By: ETAQSEDISECKAA

Name: Chris D. Goble

Its; Assistant Vice President — Real Estate

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this 3 day of October 2023, by Chris D.
Goble, Assistant Vice President — Real Estate of Union Pacific Railroad Company, a Delaware

corporation, and/or its successors and assigns,

DocuSigned by:

Ae He

20560520225R465...

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

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Exhibit “A” - Easement
Attached to Drainage and Right of Way Easement

EXHIBIT "A"
LEGAL DESCRIPTION FOR
UPRR EASEMENT AREA

THAT PART OF THE SOUTH HALF OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 7 EAST, OF
THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

COMMENCING AT A 3" MARICOPA COUNTY BRASS CAP IN HAND HOLE MARKING THE
SOUTHEAST CORNER OF SAID SECTION 6, FROM WHICH A 3” CITY OF MESA BRASS CAP IN
HANDHOLE MARKING THE EAST QUARTER CORNER OF SAID SECTION 6 BEARS NORTH
00°44'53" WEST, 2663.77 FEET;

THENCE NORTH 00°44'53" WEST, ALONG THE EAST LINE OF SAID SECTION 6, 177.38 FEET
TO THE NORTHERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD AS
DESCRIBED IN DOCUMENT NUMBER 1996-0551544 OF MARICOPA COUNTY RECORDS;
THENCE DEPARTING THE EAST LINE OF SECTION 6, AND RUNNING ALONG SAID
NORTHERLY RIGHT OF WAY LINE, NORTH 53°37'38" WEST, 1712.72 FEET TO THE POINT OF
BEGINNING;

THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY LINE OF THE SOUTHERN
PACIFIC RAILROAD, NORTH 53°37'38" WEST, 826.00 FEET;

THENCE DEPARTING SAID RIGHT OF WAY LINE NORTH 36°22'22" EAST 107.00 FEET;
THENCE NORTH 53°37'38" WEST, 400.00 FEET;
THENCE SOUTH 36°22'22" WEST, 43.00 FEET;

THENCE SOUTH 38°40'08" EAST, 247.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF
SAID SOUTHERN PACIFIC RAILROAD;

THENCE NORTH 53°37'38" WEST LONG SAID RIGHT OF WAY LINE, 702.84 FEET;

THENCE DEPARTING SAID RIGHT OF WAY LINE, NORTH 36°22'41" EAST 126.99 FEET TO THE
NORTHERLY LINE OF THE RITTENHOUSE ROAD DRAIN PARCEL RR-7-02 DESCRIBED IN
DOCUMENT 2001-0121161 OF MARICOPA COUNTY RECORDS;

LEGAL DESCRIPTION CONTINUED ON SHEET 2.

Title: UPRR EASEMENT
SWS ENGINEERING, INC.

Civ. ENGMEERING . LAND PLANNING . ‘SURVEYING:
4001 North 3rd St., Suite 165

Phoenix, AZ 85012

Ps 602-348-0249

Project #: 22-378P

Date: 42/20/2022 ic

Scale: Nf

Page: 1OF 4

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Exhibit “A” - continued
Attached to Drainage and Right of Way Easement

EXHIBIT "A"
LEGAL DESCRIPTION FOR
UPRR EASEMENT AREA

THENCE SOUTH 53°37'38" EAST ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID
PARCEL, 300.17 FEET TO THE NORTHWEST CORNER OF THE RITTENHOUSE ROAD DRAIN
PARCEL RR-08-02 DESCRIBED IN DOCUMENT 2001-1035559 OF MARICOPA COUNTY
RECORDS;

THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 53°37'38" EAST 963.15 FEET;
THENCE DEPARTING SAID NORTH LINE SOUTH 36°22! 23" WEST 70.00 FEET;

THENCE SOUTH 53°37'46" EAST, 213.25 FEET;

THENCE SOUTH 38°37'37" EAST, 220.23 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF
THE SOUTHERN PACIFIC RAILROAD ALSO BEING THE POINT OF BEGINNING.

SAID EASEMENT AREA CONTAINS 143,512 SQUARE FEET OR 3.295 ACRES MORE OR LESS.

Title: UPRREASEMENT
SWS ENGINEERING, INC.

CIVIL ENGINEERING ° LAND PRAMMING * SURVEYING
_ A00t Nowth 3rd St., Suite 165

Phoenix, AZ 85012
Ps 602-848-0249

Project #: 22-378P

Date: 12/20/2022

Scale: N/

Page: 20F4

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Exhibit “B”
Attached to Drainage and Right of Way Easement

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