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Home My WebLink AboutProperty #: P22-004 - 1/11/2022 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER STEPHEN RICHER 202203.79646'04129/2022 03:10- When recorded;return to: DrainageEase2019P172-9-1-1--N Flood Control District of Maricopa County 280.1 West Durango Street Phoenix,AZ 85009(MDC) . EXEMPT ARS $ 11-1134,A2 FCD 1999R016 DRAINAGE EASEMENT P 2 2-004 G16-zz Olc�t`X-Cbo FCD Project:New.River Channelization FCD Parcel No.: R-2-FCD APN: 102-59-007G ptn. FCD Permit.No.:2019P172 This Drainage Easement is entered into by and between the following parties as of the last date executed below. GRANTOR: FLOOD CONTROL DISTRICT OF. MARICOPA COUNTY, a political subdivision of the State of Arizona GRANTEE: CITY OF GLENDALE, an Arizona municipal corporation, and/or its successors arid assigns In accordance with GRANTOR'S Board of Director Resolutions:88-5 and 2018R013, for and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE a non-exclusive Drainage easement ("Easement") in, upon, over, under, across, through and along the premises described in the attached Exhibit "A" ("Easement Property") for the purpose of constructing, operating, repairing and maintaining a Drainage Facility, and appurtenances thereto (collectively, the "Facility"), in accordance with FCD Right-of-Way Use Permit No. 2019P172 ("FCD Permit"). Said Easement is SUBJECT TO all governmental restrictions which include, but are not limited to; environmental, archaeological, and cultural 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 l of 7 This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to use and access the Easement Property for the purpose of operation and maintenance of the flood :. control project. GRANTOR shall endeavor to use its best efforts to operate and maintain the flood control 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 property functioning as a flood control project. In the event the Facility, use of the Easement Property and/or personal property belonging to the GRANTEE interferes with GRANTOR'S use of the Easement Property or the land within the Easement Property is needed to construct, maintain, or relocate any portion of GRANTOR'S flood control project and/or structure, GRANTEE shall, at GRANTOR'S request .and GRANTEE'S sole expense, eliminate the interference within thirty (30) days of notice from the GRANTOR. Actual. construction to remove or relocate such conflicting Facility, and/or personal property, or portion(s) thereof,. shall begin within thirty (30) days following GRANTOR'S issuance of a right-of-way use permit for such removal/relocation. Upon mutual agreement, the time frame for the start and completion of said work may be extended based on the requirements of a project. If GRANTEE'S relocation effort delays construction of a GRANTOR project, and causes GRANTOR to be liable,for delay 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 also, at its sole cost and expense, maintain the Easement Property, and GRANTEE's Facility located within the Easement Property, in a state of good repair and in a safe condition, including without limitation the removal of trash and debris from the Easement Property.. The rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now growing, or that may hereafter grow, On the Easement Property, or that may extend over the Easement Property, 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 Property, the Facility, or any appurtenance of. : Page 2.of 7 FCD Project:New River Channelization AP . : 102-59-007G FCD Parcel No.: R-2-FCD FCD Permit No.: 2019P172 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 agrees to.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,.it officers, employees, agents or contractors. In the event GRANTEE fails to install the Facility within the Easement Property,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 the benefit of GRANTEE. to use the Easement Property for the purpose stated herein, and do not include the right to permit and/or grant any other use of the Easement Property to another party, This.Easement shall run with the land and is binding on all parties. Page 3 of 7 FCD Project:New River Channelization APN: 102-59-007G FCD Parcel No.: R-2-FCD FCD Permit No.: 2019P172 C -c -X-00 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: SIGNED IN COUNTERPART FEB 2 3. 2022 Michael A.Fulton Date. Bill Gates Date Director Chairman of the Board ATTEST: gairetattAr FEB 2 3 2022 Clerk of the Board Date STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) Before me, ‘,.,q.kiL,r", nc � k , Notary. Public in and for said County, State of Arizona, on this day personally appeared Bill Gates,known to me to be the Chairman of the Board of the.Board of Directors of the Flood Control District of Maricopa County. Given under my hand and seal of the office this, d y of : , 2(Y .,.. iktivv �otay Public (signature)REAL ESTATE DEPARTMENT APPROVAL: "`�R"''� LAURINDA R.COOK L ! •. Notary Public-State ofArizona SIGNED IN COUNTERPART MARICOPA COUNTY Fo ": Commission#558587. Expires February 11,2023 Alex Smith - Date Director of Real Estate Real Estate Department APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. SIGNED IN COUNTERPART District General Counsel Date: FCD Project:New River Channelization Page 4 of 7 APN: 102-59-007G FCD Parcel No.:R 2-FCD FCD Permit No.:2019P172 GRANTOR FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: 1 /29zoZ( SIGNED IN COUNTERPART 1VIi ael A. Fulton Date . Jack Sellers Date Director : : Chairman of the Board ATTEST: SIGNED 1N COUNTERPART ., 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 known to me to be the of the Board of Directors of the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of 20 Notary Public (signature) REAL ESTATE DEPARTMENT APPROVAL: ,iGN ED.IN COUNTERPART Alex Smith Date Director of Real Estate Real Estate Department APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. SIGNED IN COUNTERPART District General Counsel Date Page 4 of 7 FCD Project:New River Channelization APN: 102-59-007G FCD Parcel No.:R-2-FCD FCD Permit No.:2019P172 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: .,IGNED 1N COUNTERPART SIGNED IN.cOUNTERPAP3 Michael A. Fulton Date Jack Sellers Date Director Chairman of the Board ATTEST: .. SIGNED IN cOUN'1'IRPA S • 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 , known to me to be the of the Board of Directors of the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of , 20 Notary Public(signature) RE 1IiSW:ATE DEPARTMENT APPROVAL:' 9/28/2021 .� F0019Annc cn4c' Alex Smith Date Director of Real Estate Real Estate Department • APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. j • District General Counsel Date: September 28, 2021 FCD Project:New River Channelization Page 4 of 7 APN: 102-59-007G FCD Parcel No.:R-2-FCD FCD Permit No.: 2019P172 GRANTEE: CITY OF GLENDALE ACCEPTANCE: de� 11 22 p;'i.By: R Date K Phelps Its: City Manager ATTEST:. , - thyAaaf1 : ' K. Bower 4 ate Seal) STATE OF ARIZONA )ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this V day of Salvor)/ , 2021,by Kevin R..Phelps,City Manager of the.City of Glendale,Arizona and/or its successors and assigns. My Commission Expires Th. 0 ;1,.20 3 - - Notary ac ' nature) DEANNE TORRES ici•••- _ .NolaryPublic-StateoIArizona p, •. MARICOPA COUNTY �`L'•'. Commission N 563255 Expires May 31,2023 APPROVED AS TO FORM: Attorney: a e Page 5 of 7 FCD Project: New River Channelization APN: 102-59-007G FCD Parcel No.: R.-2-FCDFCD Permit No.: 2019P172 • . Exhibit"A" - Easement Property . Attached to Non-exclusive Drainage Easement • EXHIBIT A . . • DRAINAGE EASEMENT THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 2.NORTH, RANGE I • EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING A ' • PORTION OF THAT PROPERTY CONVEYED IN DEED 01998.0197400, MARICOPA COUNTY RECORDS,MORE PARTICULARLY DESCRIBED AS FOLLOWS: . COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1.8, FROM WHICH THE ' NORTH QUARTER CORNER OF SAID SECTION 1 8 BEARS S87°17'20"W; . THENCE S87°17'20"W, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A . DISTANCE OF 305,53 FEET; • THENCE S32°15'1 I"W,A DISTANCE OF 158.63 FEET TO THE SOUTH LINE OF THE NORTH 130' • .OF SAID NORTHEAST-QUARTER,COINCIDENT WITH THE PHOENIXIGLENDALE CITY LIMITS; THENCE N87°17'20"E, ALONG SAID SOUTH LINE, A DISTANCE OF 145.11 FEET TO THE POINT . OF BEGINNING OF THE HEREIN DESCRIBED PART; • THENCE••CONTINUING N87°I7'20"E, A DISTANCE OF 59.56 FEET TO THE BEGINNING OF A CURVE HAVING A.RADIUS OF 2070.13 FEET,AND A CHORD THAT BEARS S31°06'58"W; • THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,CONCAVE NORTIWESTERLY, THROUGH A CENTRAL ANGLE OF 23°08'28",A DISTANCE OF 836.10 FEET; THENCE N47°18'48"W,A DISTANCE' OF 55,00 FEET TO THE BEGINNING OF A.CURVE HAVING A,RADIUS OF 2015.13 FEET,AND A CHORD TI.IAT BEARS N31°26'12"E; • . THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,CONCAVE NORTHWESTERLY . AND,BEING 55.00 FEET PERPENDICULAR TO.THE WEST RIGHT-OF-WAY OF. BALL PARK BOULEVARD (13K 1020, PG 39, M.C.R.), THROUGH A CENTRAL ANGLE OF 22°29'59", A .. DISTANCE OF 791.33 FEET TO THE POINT OF BEGINNING. CONTAINING 1.03 ACRES,+'- . • • /Y 49097 o • ' . R. REECE • g HENRY hog .- . A u 4,, G�` �. s• 're 3/3'! PAGE? OF 2 • Page 6 of 7 Exhibit"A" -Easement Property Attached to Non-exclusive Drainage Easement EXHIBIT A NORTH LINE OF DRAINAGE EASEMENT N.E.CORNER N.E.QUARTER SECTION 1a SECTION 18 T.2_N„R.1.E. T.2.N.R.1.E 587°1 T2b"V1+ • — ..' �-• - .� BETHANY HOME OUTFALL CHANNEL, 130'CITY OF GLENDALE CITY OF GLENDALE • ORDINANCE#1288 v� 199a•0197401,M.C.R. APN 102 59-011H ANNEXATION AREA#108 t GLENDALE Ar s ° .? "i w PHOENIX L3 s87 17�0 POINT OF BEGINN1N(; ,... .._,.........._00.100_.......,7_....;..., DRAINAGE / +, • O,hi . EASEMENT7dC, 4. i e.4.' ek%. 4., --, -- , , , .k. , 02 1...ice .......... $wry P e�t �4�n / , I off•. 0 .pive ,,.� :w 0 ct Y ..W, AQ , i I ni.' " �tam / ' • , Parcel:Line Table '1-4411.1.; fr 490A7 Og4. Line Direction Length R. REECE � /�,y � s HENRY yet i �� LI S87°17'20"W 305.53 I'V+" ` '�y , s'•�� AI'O� �„k L2 532°15'11"yV t58.63 �4bi y �� i : L3 N87°l7'2i)"T 145,11 res 3 � O Q ` vN L4• N87°I7'20"E 59.56 / w4 Y�/ 0 L5 N47°18'48"W 55.00y J Curare Table f ,, I i / Curve Length Radius Della Chord DireetiNi / r' CI 836.10 2070,13 23°08'28" S31°06'58'W I I / C2 791.33 2015.13 22'19'59" N31°26' 12"li / / PAGE 2 OF 2 r Page 7 of 7