A1. INGRESS AND EGRESS EASEMENT (FCD PERMIT #2020P204).PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDH)

EXEMPT ARS § 11-1134, A2

NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT

FCD Project: East Maricopa Floodway Reach 4
FCD Parcel No.: M-2167-RE

APN: 304-49-007N

FCD Permit No.: 2020P204

This Non-Exclusive Ingress and Egress Easement ("Easement") is entered into as of the last date
executed below by and between the following parties and shall become effective upon recordation

in the Maricopa County Recorder's Office.

GRANTOR: JB MAXWELL, LLC, a Delaware limited liability company, as to a 66.66%
undivided tenant in common interest and WB MAXWELL, LLC, a Delaware limited liability

company, as to a 33.34% undivided tenant in common interest

GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political

subdivision of the State of Arizona, its agents, contractors, licensees, successors, and assigns.

GRANTOR is the owner of the real property situated in Maricopa County, Arizona, which is
legally described in Instrument 20220475392 in the records of the Maricopa County Recorder (the
“Burdened Property”.

For and in consideration of the sum of Ten Dollars and no/100 ($10.00), and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does
hereby grant and convey to GRANTEE, an Easement against the Burdened Property for ingress,
egress, and access over, under, upon and across, said easement as described on Exhibit "A" and

depicted in Exhibit "B" attached hereto and incorporated herein ("Easement Area") to enter and

Page | of 10

exit the Easement Area only for the purpose of fulfilling its statutory obligation to protect people
and property from the dangers of floods.

GRANTEE agrees to maintain any facilities constructed in the Easement Area in good and safe

condition at their sole expense.

Use of the Easement Area shall be subject to all federal, state, and local laws or ordinances,

including, but not limited to, environmental, land use and floodplain regulations.

GRANTOR hereby covenants that it is granting this easement only to the extent of any interest it

may have in the property.

RESERVING, however, to GRANTOR, its successors and assigns, such rights and privileges as
may be used and enjoyed without interfering with or abridging the rights and easement hereby

granted.

GRANTEE agrees to indemnify GRANTOR for all direct damages to the property of
GRANTOR caused by or arising from the proximate result of the activities of GRANTEE, its
officers, employees, agents or contractors (on the property) in the exercise of GRANTER’S rights
pursuant to the terms of this Easement. GRANTEE shall also indemnify GRANTOR for all
damages or physical injury to persons or personal property on the property proximately caused by
GRANTEBP’S exercise of rights granted pursuant to this Easement. This indemnity is limited to
damage caused by GRANTEE exercising its rights of ingress and egress hereunder.

[signatures on following pages]

Page 2 of 10

FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.
FCD Parcel No.: M-2167-RE Permit No.: 2020P204

GRANTOR:

JB MAXWELL, LLC, a Delaware limited liability company, as to a 66.66% undivided tenant in
common interest

By: JB MAXWELL HOLDINGS, LLC, a Utah limited liability company, Sole Member

Robert J. Ctvrli Manager

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA _ )

«
Before me Nan voc’ Notary Public in and for said County, State of Arizona,

on this day personally appeared Robert J. Ctvrlik, Sole Member of JB MAXWELL HOLDINGS, LLC,
a Utah limited liability company and Manager of JB MAXWELL, LLC, a Delaware limited
liability company, as to a 66.66% undivided tenant in common interest, known to me to be the
Grantor described in the foregoing instrument.

Given under my hand and seal of the office this z day of Maven , 2023.

A (tui

Notary Public (signature)

NARI TROTTER

NOTARY PUBLIC STATE OF UTAH

My Commission Expires January 6, 2024
COWMMISSION NUMBER 709608

Page 3 of 10

FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.
FCD Parcel No.: M-2167-RE Permit No.: 2020P204

GRANTOR:

WB MAXWELL, LLC, a Delaware limited liability company, as to a 33.34% undivided tenant
in common interest

By: WB MAXWELL HOL S, LLC, a Utah limited liability company, Sole Member

A
By: \ /|

Greg B. Wiseman, Manager

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA _ )

Before me,_{ ‘t WW [al Co Ile a 4 , Notary Public in and for said County, State of Arizona,
on this day personally appeared Greg B. Wiseman, Sole Member of WB MAXWELL HOLDINGS,
LLC, a Utah limited liability company and Manager of WB MAXWELL, LLC, a Delaware

limited liability company, as to a 33.34% undivided tenant in common interest, known to me to be
the Grantor described in the foregoing instrument.

Given under my hand and seal of the office this Vv day of Mav nN , 2023.
CHAREE COLLEDGE Notary Public (signature) {

NOTARY PUBLIC*STATE OF UTAH
COMMISSION# 708703
COMM. EXP. 10-18-2023

Page 4 of 10

FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.
FCD Parcel No.: M-2167-RE Permit No.: 2020P204

LENDER CONSENT TO EASEMENT

KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS FORETHOUGHT LIFE INSURANCE COMPANY, an Indiana insurance
company, has an interest in the herein described real property, such interest being evidenced by
that certain Deed of Trust, Assignment of Lease and Rents, Security Agreement and Fixture Filing
recorded June 03, 2022, as Document No. 2022-0475393, records of Maricopa County, Arizona;
and

WHEREAS, the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political
subdivision of the State of Arizona, and its successors and assigns (District), propose to be the
recipient of a grant and conveyance of a non-exclusive Access Easement (Easement) along, over,
through, and across that certain real property situated in the county of Maricopa, State of Arizona,
which is more particularly described and depicted on Exhibit “A” attached hereto and made a part
hereof.

NOW THEREFORE, the undersigned Beneficiary, the Subscriber who represents and warrants
that they are authorized to execute the Consent to Easement, does hereby consent and subordinate
to the conveyance of said Easement and agrees that any sale, conveyance, transfer, assignment or
encumbrance shall/be subject to the District’s Easement situated on the herein described land.

JURANCE COMPANY, an Indiana insurance company

Name: is LU ot"
Title: Wem“

state or Lon )
county or QalkLallee _

Before me, Nae bs Ved de eS Notary Public in and for said County and State on
this day personally appeared , known to me to be the person
whose name is subscribed to the forgeing instrument.

Given under my hand and seal of the office this 0 day of MWArela » 2023.
(fi CHAREE COLLEDGE Chava Colludye
(Ce). NOTARY PUBLIC+STATE OF UTAH Claty Publio (signature
nN j} COMMISSION# 708703

COMM. EXP. 10-18-2023 Page 5 of 10

FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.
FCD Parcel No.: M-2167-RE Permit No.: 2020P204

GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

‘DocuSigned by:

Mideaul Fultow 3/2/2023

61D710C47EBB48C...
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:
[ AS— spon
F0612B0DS65D4CC...

Alex Smith Date
Director of Real Estate Department

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

| Wag 3/2/2023

District General Counsel Date

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FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.
FCD Parcel No.: M-2167-RE Permit No.: 2020P204

APPROVED AND ACCEPTED:

BOARD OF DIRECTORS OF THE FLOOD CONTROL DISTRICT OF MARICOPA

COUNTY

Clint Hickman Date
Chairman of the Board

ATTEST:

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 Clint Hickman, known to me to be the person whose

name is subscribed to the forgoing instrument as Chairman of the Board of the Political

Subdivision in the foregoing instrument.

Given under my hand and seal of the office this

FCD Project: East Maricopa Floodway Reach 4
FCD Parcel No.: M-2167-RE

day of. , 2023.

Notary Public (signature)

Page 7 of 10

APN: 304-49-007N ptn.
Permit No.: 2020P204

Exhibit “A”

Attached to Non-exclusive Ingress and Egress Easement

JERRY L.

LEGAL DESCRIPTION oan,
CABANA ON POWER July 2, 2020
MARICOPA COUNTY FLOOD CONTROL Job No.2019-059
ACCESS EASEMENT Page 1 of 1

AN EASEMENT WITHIN A PORTION OF THE BOUNDARY RECORDED IN BOOK 1002 OF
MAPS, PAGE 41, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED INA
PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 6
EAST OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID BOUNDARY AND THE BEGINNING OF A
CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES NORTH 38 DEGREES 48 MINUTES
16 SECONDS WEST, A RADIAL DISTANCE OF 935.90 FEET AND HAVING A CHORD BEARING
OF NORTH 48 DEGREES 22 MINUTES 55 SECONDS EAST, A CHORD DISTANCE OF 91.88
FEET;

THENCE NORTHEASTERLY ALONG THE NORTH LINE OF SAID BOUNDARY AND SAID
CURVE, THROUGH A CENTRAL ANGLE OF 05 DEGREES 37 MINUTES 38 SECONDS, A
DISTANCE OF 91.92 FEET TO A POINT ON THE WEST LINE OF THE AMENDED FINAL ORDER
OF CONDEMNATION RECORDED IN DOCUMENT NO. 1989-143700, OFFICIAL RECORDS OF
MARICOPA COUNTY AND THE POINT OF CURVE OF A NON-TANGENT CURVE TO THE LEFT,
OF WHICH THE RADIUS POINT LIES NORTH 76 DEGREES 56 MINUTES 03 SECONDS EAST, A
RADIAL DISTANCE OF 1,377.31 FEET;

THENCE SOUTHERLY ALONG THE WEST LINE OF SAID AMENDED FINAL ORDER OF
CONDEMNATION AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00
DEGREES 59 MINUTES 07 SECONDS, A DISTANCE OF 23.69 FEET;

THENGE SOUTH 43 DEGREES 05 MINUTES 04 SECONDS WEST, A DISTANCE OF 59.99 FEET;

THENCE SOUTH 27 DEGREES 35 MINUTES 56 SECONDS WEST, A DISTANCE OF 26.20 FEET
TO THE POINT OF CURVE OF A NON-TANGENT CURVE TO THE LEFT, OF WHICH THE
RADIUS POINT LIES NORTH 86 DEGREES 52 MINUTES 52 SECONDS EAST, A RADIAL
DISTANCE OF 865.42 FEET;

THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
07 DEGREES 08 MINUTES 06 SECONDS, A DISTANCE OF 107.77 FEET;

THENCE SOUTH 59 DEGREES 58 MINUTES 03 SECONDS WEST, A DISTANCE OF 21.65 FEET
TO A POINT ON THE WEST LINE OF SAID BOUNDARY AND THE POINT OF CURVE OF A NON-
TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES NORTH 79 DEGREES
35 MINUTES 45 SECONDS EAST, A RADIAL DISTANCE OF 920.45 FEET,

THENCE NORTHERLY ALONG THE WEST LINE OF SAID BOUNDARY AND THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 09 DEGREES 11 MINUTES 49 SECONDS, A
DISTANCE OF 147.75 FEET TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINS 4,736 SQUARE FEET OR 0.109 ACRES, MORE OR LESS.

Page 8 of 10

FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.
FCD Parcel No.: M-2167-RE Permit No.: 2020P204

Exhibit “B”

Attached to Non-exclusive Ingress and Egress Easement

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Page 9 of 10

APN: 304-49-007N ptn.
Permit No.: 2020P204

FCD Project: East Maricopa Floodway Reach 4

FCD Parcel No.: M-2167-RE

Exhibit “B” continued

Attached to Non-exclusive Ingress and Egress Easement

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Page 10 of 10
FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.

FCD Parcel No.: M-2167-RE Permit No.: 2020P204