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HomeMy WebLinkAboutProperty #: P18-048 - 11/27/2018 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER. ADRIAN FONTES ELECTRONIC RECORDING 2019004295511221201911:02 When recorded,interoffice mail to NonExcT065B 6-1-1-N Flood Control District of Maricopa County 2801 West Durango Street Phoenix,Arizona 85009(hI) EXEMPT ARS $ 11-1134,A2 FCD 1999R016 C-0(0—it- 9-16-147°�) P 18-048 NON- CLUSIVE STORM WATER MONTTORING EASEMENT Project: Arizona Canal Diversion Channel District Parcel: T-065-B Permit No. 2010P012 This perpetual non-exclusive storm water monitoring easement is entered into this (LMday of (AftkAitirM 2018, by and between the following parties: GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY,a political subdivision of the State of Arizona GRANTEE: CITY OF GLENDALE,an Arizona municipal corporation, its successors and assigns FOR AND IN CONSIDERATION OF THE SUM of One Dollar ($1.00), 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 on the property shown hereafter on Exhibit "A" ("Easement Property") for the purpose of constructing, operating, repairing and maintaining storm water monitoring facilities and appurtenances thereto. Additionally, to the extent reasonably necessary, GRANTEE shall have an unrestricted, non- exclusive right,including the ingress and egress, along and across the Easement. This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to have unrestricted access to the Easement Property for the purpose of operating and maintaining the flood control project. GRANTOR shall use best efforts not to unreasonably interfere with the GRANTEE'S right of access to the Easement Property. GRANTEE assumes all the risk of damage to its improvements resulting from the Easement Property functioning as a flood control project,except damage that results from GRANTOR'S intentional conduct or gross negligence. Page 1 of 4 Project: Arizona Canal Diversion Channel District Parcel: T-065-B Permit No. 2010P012 GRANTEE may not grant any rights or privileges in the Easement greater than those granted to GRANTEE herein. GRANTEE may make no other use of the Easement Property without prior written permission from the GRANTOR. GRANTEE agrees to maintain and repair any damage to the Easement Property caused by GRANTEE'S right to access and use the Easement Property including without limitation the removal of graffiti, trash, and debris from the property subject to the Easement. GRANTEE, however, is not required to maintain or repair any fixtures, structures, or improvements associated with any flood control project constructed, installed, operated, or maintained by GRANTOR on the Easement Property. GRANTEE also agrees to provide appropriate law enforcement monitoring and response activities to ensure the safety and security of persons accessing and using the property subject to the Easement. In the event GRANTEE removes the storm water monitoring facility, or in the event any such facility shall cease to function, or any other event giving evidence to GRANTOR that the GRANTEE has abandoned the use of the Easement Property,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 revocation of this easement in the public records of Maricopa County. Unless and until such revocation is recorded by GRANTOR,this easement shall remain in full force and effect. This Easement shall run with the land and is binding on both parties and their respective successors and assigns. Page 2 of 4 Project: Arizona Canal Diversion Channel District Parcel: T-065-B Permit No. 2010P012 ' GRANTOR: RECOMENDED FOR APPROVAL: APPROVED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY ' FLOOD CONTROL DISTRICT OF MA{2ICO A Y 121b/ZoiB Mi ha-1A.Fulton Date Chairman of the Board Director MARICOPA COUNTY REAL ESTATE DEPARTMENT ATTEST:: tcV.t�uC. 12,141 Michelle Colby, SR/W Date ', Director AN 16 2019 erk of the.l oard STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) Iq On this tku date 1' 01" _ , 20L8' before me, the undersigned, personally appeared `/ 1l 1.&I25j— , Chairman of the Board of Directors for the Flood Control District of Maricopa County. My Commission Expires: la-II Si 20,g4 ._tit,� ot. ' 1 is �r a AMY A GABALDON / Notary Public-State of Arizo X a APPROVED AS O)F*Mand within the owers MARICOPA COUNTY p My Commission Expires Dec.15,2021 and authority :armed yoithe Board of Directors. 'General Counsel Date Page 3 of 4 Project: Arizona Canal Diversion Channel District Parcel: T-065-B Permit No. 2010P012 ACCEPTANCE: GRANTEE: CITY OF GLENDALE, an Arizona municipal corporation Kevin-.Phelp< City Ia,vl`a ger Date ATTEST: APPROVED AS TO FORM: Julie tower,City Clerk Date n 4 . 1 Baile Date City Attorney - _ STATE OF ARIZONA ) ) ss COUNTY OF MARICOPA ) Theforegoing instrument was acknowledged before me this 3 day of December, My Commission Expires 11 I ,('(/] l,2Qi� J r Pu 'c(si t0L-A-----" I lieg-, DEANNE BURT B Notary Public•Stale ofAitza e 8 MARICCPACCUNTY fA'Co!nn aWoo Expf,May31.2019 Page 4 of 4 CITY OF GLENDALE STORMWATER QUALITY MONITORING STATION AT HEARN & ACOMA EASEMENT ACROSS FLOOD CONTROL PROPERTY That portion of Section Seven (7)Township Three (3)North Range Two(2)East of the Gila and Salt River Base and Meridian, Maricopa County Arizona,more particularly described as follows: Commencing at the Southeast corner of lot 23, located in"LOS VINERROS 11"a subdivision recorded in Book 326, Page 13, M.C,R.; THENCE Northwest along a curve, concave to the southwest, with a radius o12360.00 feet from which the radius bears South 48 degrees 30 minutes 09 seconds West, through a central angle of00 degrees 07 minutes 52 seconds,a distance of 5.40 feet to the TRUE POINT OF BEGINNING; THENCE continuing along said curve through a central angle of 00 degrees 14 minutes 34 seconds, a distance of 10.00 feet; THENCE South 49 degrees 27 minutes 24 seconds West, a distance of 32.73 feet; THENCE North 40 degrees 32 minutes 36 seconds West, a distance of 2L60 feet; THENCE North 25 degrees 51 minutes 06 seconds East, a distance of 21.88 feet; THENCE North 64 degrees 08 minutes 54 seconds West, a distance of 10.00 feet; THENCE South 25 degrees 51 minutes 06 seconds West, a distance of 49.87 feet; THENCE South 19 degrees 08 minutes 54 seconds East, a distance of 30.60 feet; THENCE North 70 degrees 51 minutes 06 seconds East, a distance of 10.00 feet; THENCE North 19 degrees 08 minutes 54 seconds West, a distance of 26.46 feet; p THENCE North 25 degrees 51 minutes 06 seconds East, a distance of 12.94 feet; THENCE South 40 degrees 32 minutes 36 seconds East, a distance of 27.23 feet; THENCE North 49 degrees 27 minutes 24 seconds East, a distance of 42.58 feel, to the TRUE POINT OF BEGINNING / 7 / r (; AsticAf Cv 44132 • O WADE B, r 70 ANSELL • 2,4 EXPIRE I 0/2012 PAGE 1 OF 2 T3N, R2E, SECTION 7, G&SR BASE & MERIDIAN LINE TABLE CURVE TABLE 1 ;SARI _ I :k _ .. C V R DELTA LENGTH • 1 f 549°27'24'W 32.37' 1 2360.00' 0°07'52" 5.40' 2 1 N40°32'36°W 21.60' 2 2360.00' 0° 14'34" 10.00' -31 N25°51'06"E 21.88' T 1 N64°08'54'W 10.00' M S25°51'06'9 49.87' [in, 519°08'54"E 30.60' n N70°51'06"E 10.00' �n�� �L1� ' . [Ti N19°08'54'W 26.46' LIVl�1Lr-t77U-'LI -� I. 9 M N25°51108"E 12.94' 4 �,S40°32'36"E 27.23' is 11 N49°27'24"E 42.58' • CONTAINING 1,382.23 SQ. FT. OR 0.032 ACRES MORE OR �OB 1 LESS n 3 ©f/ - 1 ,% o 151 .f z f' ED i 11 DJ • ® LOS VINERROS H n Recorded in Book 326, �. Page 13 I 40,/</C/Lijr.7 .----) . ' 'I. /'q r.L°/s' 5850 W. GLENDALE AVE p -,�!S I G SUITE 315 GLENDALE,AZ 85301 co cif 1 © T E (623)930-3630 44132 -� FAX (623)915-2861 WADE B. -.IO-p COG MONITORING STATION HEARN AND ACOMA ANSELL ., EASEMENT THROUGH FLOOD CONTROL PROPERTY o \ MARICOPA COUNTY,ARIZONA T3N, R2E, SECTION 7, G&SR BASE 8 MERIDIAN l'• • i.°B. U. SCALE: 1„= 15' DRAI•I hD BY: WBA i<>1 DATE: SHEET: EXPIRES: 03/30/2012 05/1312010 2 OF 2 m