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When recorded, Interoffice Mail to: Maricopa County Real Estate Department EXEMPT ARS 11-1134, A3 Resolution No. FCD 2011R009A Project No. 201.01.31 Project Name: White Tanks FRS #4 Outlet Facility Item No. F00440-DE UNDERGROUND DRAINAGE EASEMENT FOR FLOOD CONTROL PURPOSES Subject to the terms and conditions set forth herein, and for the consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Goodyear, an Arizona municipal corporation (“GRANTOR”) does hereby grant and convey to the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, (“GRANTEE”), its successors and assigns, a permanent, non- exclusive easement (“Easement”) under the real property described in Exhibit A and depicted in Exhibit B, attached hereto and made a part hereof (hereinafter referred to as the “EASEMENT PROPERTY”), for the following purposes: the construction, maintenance, repair, replacement and operation of underground flood control improvements per the Flood Control District of Maricopa County plans for the construction of White Tanks FRS #4 Outlet Facility which extends within Van Buren Street from west of Jackrabbit Trail to west of Cotton Lane, Design Contract No. FCD 2010C029, Construction Contract No. FCD 2018C002, approved by the City of Goodyear on February 28, 2019 and as reflected in the as-builts sealed by RLS Thomas E Granillo on November 5, 2020 (collectively, the “FACILITY”) and the right of ingress, egress, and use of the surface estate as needed for the construction, maintenance, repair, replacement and/or operation of the Facility. The EASEMENT PROPERTY is or will be used by GRANTOR as and for existing and future public roadways and/or utilities. GRANTOR shall continue to have full rights in the EASEMENT PROPERTY for such uses and its use of the EASEMENT PROPERTY for such uses, existing and future, shall be considered a superior land use to the GRANTEE’S use of the EASEMENT PROPERTY. GRANTEE’S use of the EASEMENT PROPERTY for flood control purposes shall not unreasonably interfere with the GRANTOR’S use of the EASEMENT PROPERTY as and for existing public roadways and/or utilities. In the event GRANTEE’S use of the EASEMENT PROPERTY conflicts with the City’s existing or future use of the Van Buren Street right-of-way, including the EASEMENT Property, GRANTOR and GRANTEE shall mutually agree upon a method to cure the conflict as set forth below: Resolution No. FCD 2011RO09A Project No. 201.01.31 Project Name: White Tanks FRS #4 Outlet Facility Item No. F00440-DE 1) In the case of a conflict with GRANTOR’S public roadway and/or utility use of the EASEMENT PROPERTY existing at the time of the installation of the GRANTEE’S FACILITY, GRANTEE shall, at its sole cost and expense, work with the GRANTOR to resolve the issue to the satisfaction of both parties. 2) In the case of a conflict with GRANTOR’S future public roadway and/or utility use of the EASEMENT PROPERTY, GRANTOR and GRANTEE shall coordinate during the design and installation phase(s) of the future public roadways and/or utilities project in an effort to cure the conflict and continue the shared use of the EASEMENT PROPERTY. 3) If, due to the location of the GRANTEE’S FACILITY within the EASEMENT PROPERTY, the GRANTOR determines it may need to acquire right of way and/or incur additional costs to install GRANTOR’S future public roadway or utilities, then GRANTOR shall notify GRANTEE of the need to incur additional costs as soon as reasonably possible so that GRANTOR and GRANTEE can collaborate in an attempt to avoid or mitigate the costs. If additional costs cannot be avoided, GRANTEE shall reimburse GRANTOR for the difference between what the right of way purchase and/or installation would have cost if GRANTEE’S FACILITY were not located in the EASEMENT PROPERTY based on the following: a. Documentation of the installation conflict, alternatives researched, and final recommendation that resulted in increased costs for right of way acquisition and/or facility installation; and b. An analysis of the difference in cost caused by the location of the GRANTEE’S FACILITY in the EASEMENT PROPERTY; and c. A request for reimbursement with itemized actual costs. GRANTEE shall be solely responsible for the construction, operation, maintenance, replacement and/or repair of GRANTEE’S FACILITY constructed within the EASEMENT PROPERTY unless the need for construction, replacement or repair is caused by the action of GRANTOR, its directors, officers, agents, employees, contractors and/or subcontractors during the course of any activity that is not related to the use of the Easement Area for roadway or utility purposes. GRANTEE shall assume all risk of damage to GRANTEE’S FACILITY resulting from the Van Buren Street right-of-way being used for roadway and utility purposes. In no event shall GRANTEE disrupt traffic flow over, or the utilities located within, the EASEMENT PROPERTY during construction, operation, maintenance, modification, and/or replacement of the GRANTEE’S FACILITY without the prior written approval by the GRANTOR. Notwithstanding the foregoing, in the case of an emergency, GRANTEE shall have the right to disrupt traffic to make necessary repairs to, and/or replacements of, the GRANTEE’S FACILITY. GRANTEE will make every attempt to contact GRANTOR and inform them of the need to disrupt traffic before commencing the related emergency repair work. For future work in the EASEMENT PROPERTY, GRANTEE shall obtain all permits required by GRANTOR for work within its right-of-way as provided herein and both GRANTOR and GRANTEE shall obtain Blue Stake facility locates before undertaking construction activity Page 2 of 9 Resolution No. FCD 2011R009A Project No. 201.01.31 Project Name: White Tanks FRS #4 Outlet Facility Item No. F00440-DE that may affect GRANTOR’S improvements and/or GRANTEE’S FACILITY in the EASEMENT PROPERTY. GRANTOR agrees that all plans for the design and construction of facilities within the EASEMENT PROPERTY will be reviewed and approved per applicable City ordinances, standards, rules, regulations and guidelines and per MAG standards for design and construction of facilities within right-of-way. GRANTOR and GRANTEE shall send any and all notices, filings, approvals, consents or other communications required or permitted by this Easement in writing and personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To GRANTOR: City of Goodyear Attn: City Engineer 1900 N. Civic Square Goodyear, Arizona 85395 To GRANTEE: Flood Control District of Maricopa County Attention: Right of Way Permit Branch 2801 W. Durango Street, Phoenix, AZ 85009 or to any other addresses as either the GRANTOR or GRANTEE hereto may from time to time designate in writing and deliver in a like manner. In exercising its rights under this Easement, GRANTEE, its directors, officers, managers, members, partners, agents, employees, contractors and subcontractors shall comply with: (1) the terms of this Easement; (2) all federal, state, and local laws and regulation applicable to GRANTEEB’S exercise of its rights under this Easement and use of the EASEMENT PROPERTY; and (3) all federal, state, and local laws and regulations applicable to the construction, repair, and/or replacement of GRANTEE’S FACILITY within the EASEMENT PROPERTY. GRANTEE shall obtain all permits required by the City for work within its right of way. Notwithstanding the foregoing, the City understands and acknowledges there may be instances when GRANTEE is required to make repairs that are of an emergency nature. In such cases, GRANTEE will make every attempt to contact GRANTOR and inform them of the need to undertake emergency repairs prior to obtaining required permit(s) and then retroactively apply for permit(s) for repairs that were performed; and if GRANTEE is unable to contact GRANTOR prior to undertaking such emergency repairs, GRANTEE shall notify GRANTOR as soon as practicable and shall retroactively apply for permit(s) within five (5) working days after undertaking such repairs. Because the EASEMENT PROPERTY contains, or may contain, underground facilities, GRANTOR and GRANTEE, its directors, officers, managers, members, partners, agents, employees, contractors and subcontractors shall verify the location of such existing underground facilities as required by Arizona Revised Statutes, Section 40-360.21 et seq. (Arizona Blue Stake Law) prior to any excavation of the EASEMENT PROPERTY. Page 3 of 9 Resolution No. FCD 2011RO009A Project No. 201.01.31 Project Name: White Tanks FRS #4 Outlet Facility Item No. F00440-DE GRANTEE shall maintain the EASEMENT PROPERTY ina safe and clean manner during its work and following the exercise of any of its rights under this Easement, shall return the EASEMENT PROPERTY to a condition as similar to the condition that existed prior to GRANTEP’S exercise of its rights under this Easement as possible. In consideration of the Easement being granted herein, GRANTEE agrees that GRANTOR may connect to GRANTEE’S FACILITY for the purpose of draining runoff from rain that falls on the pavement and the adjacent sidewalks of Van Buren Street, via 15-inch diameter connections. In addition, the GRANTEE will allow 12-inch diameter connections to the GRANTEE’S FACILITY for the purpose of the drain-down of retention basins of adjacent developments. Only one 12-inch diameter connection per retention basin will be allowed, and the subject developer would be the permit applicant. Permits from the GRANTEE for the above 15-inch and 12-inch connections shall be required before such connections are established, but GRANTEE agrees to grant such permits if the plans for the improvements comply with GRANTEE’S standards, policies, and stormwater quality requirements. Both types of such permits shall be subject to the GRANTEEF’S normal permit fees and review processes. GRANTEE shall defend, indemnify and hold harmless GRANTOR, its elected officials, officers, directors, managers, partners, employees, and representatives from, for, and against all allegations, liabilities, obligations, damages, claims, demands, losses, liens, causes of actions, fines, penalties, settlements, awards, judgments, costs and expenses (including but not limited to court costs and attorneys’ fees) (collectively CLAIMS) incurred by GRANTOR its officers, directors, managers, partners, employees, and/or representatives caused by or alleged to have been caused by or arising from or alleged to have arisen from the proximate result of the activities of GRANTEE, its officers, employees, agents, or contractors in the exercise of GRANTEF’S rights pursuant to the terms of this Easement. This indemnification provision shal] survive the termination of this Easement. In the event GRANTOR has reason to believe that GRANTEE has abandoned the use of this Easement, then GRANTOR shall notify GRANTEE, in writing, that GRANTOR considers that the Easement has been abandoned. Within sixty (60) days of the date of GRANTOR’S notification, GRANTEE shall notify GRANTOR in writing that the Easement has been abandoned or that GRANTEE does not intend for the Easement to be abandoned. In the event GRANTEE fails to reply to GRANTOR’S notification that GRANTOR considers this Easement as having been abandoned within sixty (60) days of the date of GRANTOR’S notice, this Easement shall be deemed to be abandoned and GRANTOR shall be permitted to record a termination and/or revocation of this Easement in the public records of Maricopa County. Unless and until such termination and/or revocation is recorded by GRANTOR, this Easement shall remain in full force and effect. In the event that a termination and/or revocation is recorded due to GRANTEE’S affirmation of abandonment, GRANTOR shall, at its sole discretion, have the right, but not Page 4 of 9 Resolution No. FCD 2011RO09A Project No. 201.0131 Project Name: White Tanks FRS #4 Outlet Facility Item No. F00440-DE the obligation, to assume ownership of the GRANTEE’S FACILITY. If GRANTOR exercises its right to assume ownership of GRANTEE’S FACILITY, GRANTEE shall, at no cost to GRANTOR, execute all documents reasonably requested by GRANTOR to convey ownership of the GRANTEE’s FACILITY to GRANTOR. Upon such conveyance, GRANTEP’S indemnification obligation under this Easement shall terminate, except for CLAIMS arising from occurrences, actions, and/or events that occurred prior to the conveyance. If GRANTOR decides not to exercise its right to assume ownership of GRANTEE’S FACILITY, then GRANTEE shall, abandon GRANTEE’S FACILITY in place, such abandonment shall comply with the applicable requirements in the City of Goodyear’s Engineering Design Standards and Policies in effect at the time of the abandonment. This provision addressing the requirements for the GRANTEE’S FACILITY following the termination of this Easement shall survive the termination of this Easement. This Easement shall run with the land and shall be binding upon the parties and their respective successors and assigns. Signatures, Acknowledgements and Exhibits on Following Pages Page 5 of 9 Resolution No. FCD 2011R009A Project No. 201.01.31 Project Name: White Tanks FRS #4 Outlet Facility Item No. F00440-DE GRANTOR: CITY OF GOODYEAR, an Arizona Municipal Corporation, the JO day of ware iy 2023. Its: City vig State of Arizona ) )ss. County of Maricopa) The foregoing instrument (Underground Drainage Easement for Flood Control Purposes) was acknowledged before me this |D_ day of July , 2023 by Wynette Reed, as City Manager of the CITY OF GOODYEAR, ‘an Arizona municipal corporation. CYNTHIA MASON Notary Public, State of Arizona - Maricopa County / Commission # 682616 My Commission Expires NOTARY PUBLIC September 30,2024 Signatures, Acknowledgements and Exhibits on Following Pages Page 6 of 9 Resolution No. FCD 2011R009A Project No. 201.01.31 Project Name: White Tanks FRS #4 Outlet Facility Item No. F00440-DE RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DocuSigned by: Midrarl Fulton 7/13/2023 Michael Fulton, Director Date Chairman of the Board DocuSigned by: 7/13/2023 ATTEST: Alex Smith Date Director, Real Estate Department Clerk of the Board Date: Approved as to form and within the powers and authority granted to the Board of Directors. DocuSigned by: Wayur Prk 7/13/2023 General Counsel Date Exhibits on Following Pages Page 7 of 9 Resolution No. FCD 2011R009A Project No. 201.01.31 Project Name: White Tanks FRS #4 Outlet Facility Item No. F00440-DE EXHIBIT 'A' DESCRIPTION EASEMENT NO. 7 A STRIP OF LAND 18.00 FEET WIDE BEING A PART OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 3, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 3 BEARS SOUTH 89°38'33" EAST A DISTANCE OF 2641.23 FEET; THENCE SOUTH 89°38'33" EAST, ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF 241.70 FEET, THENCE NORTH 00°18'22" EAST A DISTANCE OF 31.00 FEET TOA POINT 9.00 FEET SOUTH OF THE NORTH RIGHT-OF-WAY LINE OF VAN BUREN STREET BEING THE POINT OF BEGINNING; THENCE SOUTH 89°38'33" EAST, ALONG A LINE 9.00 FEET SOUTH AND PARALLEL WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 2293.64 FEET; THENCE NORTH 00°04'20" EAST, ALONG A LINE 9.00 FEET EASTERLY AND PARALLEL TO SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 9.42 FEET; THENCE NORTH 79°14'26" EAST A DISTANCE OF 392.97 FEET TOA POINT 9.00 FEET SOUTH OF SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 89°40'51" EAST, ALONG A LINE 9.00 FEET SOUTH AND PARALLEL WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 89.60 FEET; THENCE SOUTH 27°56'20" EAST A DISTANCE OF 9.70 FEET TO THE POINT OF TERMINUS WHICH BEARS NORTH 74°17'04" EAST A DISTANCE OF 389.04 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 3; THE SIDELINES OF SAID 18.00 FOOT WIDE STRIP OF LAND ARE TO BE PARALLEL AND 9.00 FEET ON EACH SIDE FROM THE SAID CENTERLINE, AND ARE ALSO TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS, AND TO BEGIN AND TERMINATE AT THE RESPECTIVE SECTION AND QUARTER SECTION LINES AS DESCRIBED. g, ZIEGLER *, €., 4/16/21, THIS EASEMENT IS ASSOCIATED WITH DESIGN CONTRACT FCD NO. 2010 C029 CONSTRUCTION CONTRACT FCD NO, 2018 C002 William D. Ziegler 7250 No 160 Sree ita 20 Registered Land Surveyor AZ 85020-5282 Arizona Registration Number: 64347 rea weet Expires 6/30/2023 PAGE 1 OF 2 Page 8 of 9 Resolution No. FCD 2011R009A Project No. 201.01.31 Project Name: White Tanks FRS #4 Outlet Facility Item No. F00440-DE = ns es EXHIBIT ‘B' DEPICTION OF EXHIBIT ‘A’ [== ss EASEMENT NO. 7 | fa TT PARCEL NO PARCEL NO | PARCEL NO 3 802-37-013A sw 44 602-37-006A 502-37-017 BIS! parcet no- secTiONs | MNGRTHRO.WCLINE i FS || 902-37-703 | TiN, RAW pene | g 8 | POINT OF 40'ROW. (DESCRIBED : < |§|gNooe22"E [BEGINNING ciTvor | Pestle wworn [62 31.00° *, GooD a PAF ena 1, 2293.64! (TYPICAL) EEL EE EEE (MELT Tal S $89°38'33"E 241.70"! VAN BUREN STREET 1 $00°38'33"E 2641.23 gS ~ 8 3 a - _ 5 9 \ POINT OF COMMENCEMENT ean leg beans oe ft a SOUTHWEST CORNER, SECTION 3 NW 1/4 Oa LOW |S f|S||_ FOUND 3" BRASS CAP, NO STAMPING | SECTION 10 [cone SAIUSBESS || MARICOPA 5 TAN, R2W | ComNny, e| ym I PARCEL NO. PARCEL NO." PARCEL NO; 125" |p I < §02-37-019 SW 4/4 602-37-005B | 502 S7-005A ROW. oO w : SECTION 3 NORTH LINE EASEMENT N79°14'26"E CITY OF Puy ES 4'ROW. saaranme TIN, RAW & NORTH RW LINE 392.97' A | CITY OF $89°38'33"E | DESCRIBED No0°04'20°E . CENTERLINE 2 j_SOODYEAR [ 2293.64" 9.42" * This map does not represent a monumented land survey. It is only a graphic depiction of the accompanying description. THIS EASEMENT IS ASSOCIATED WITH DESIGN CONTRACT FCD NO. 2010 C029 ec CONSTRUCTION CONTRACT FCD NO. 2018 C002 A Registered Land Surveyor 7250 North 16th Street Suite 210 Arizona Registration Numbet Phoanix, AZ 85020-5282 Expires 6/30/2023 TEL 802.748.1000 William D. Ziegler “Pires 6/0) — 2 £5 _1 ____VANBUREN STREET“. _$89°38'33°E 2641.29! (e4S/S OF BEARINGS) ix Ti 40 ROW. NW 4/4 SOUTH LINE, SW 1/4, SEC. 3 12 [= MARICOPA SECTION 10 SOUTH 1/4 CORNER, SECTION 3 ix A COUNTY TIN, R2W NORTH 1/4 CORNER, SECTION 10 = FOUND 3" BRASS CAP, NO STAMPING | f , NORTH LINE EASEMENT & __ oxavonm id pa Bg NORTH ROW. LINE 827°5620 EO SEM yj) S89°40'S1E / 9.70" e050). “SECTIONS ™N az, 89.60" ! = COLT TIN, ROW j “N POINT OF TERMINUS - 4" no ee i ST 89048 % TI wrow. | / 380.0" ‘VAN BUREN STREET ciry oF GooDvEAR Oo < 700" 200° a AK: 1°=200" BE | anon SOUTH 1/4 CORNER, SECTION 3 NW ig On behalf of Olsson <b. over NORTH 1/4 CORNER, SECTION 10 ECTI i) SECTION 10 [= coovesr FOUND 8" BRASS CAP, NO STAMPING yan) ow ir: 64347 PAGE 2 OF 2 Page 9 of 9