A1. NON-EXCLUSIVE DRAINAGE 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 EASEMENT

FCD Project: Reems Road Channel and Basin
FCD Parcel No.: A022-001

APN: 501-41-005F ptn.

FCD Permit No.: 2021P294

This Non-Exclusive Drainage 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: ASHTON WOODS ARIZONA, L.L.C., a Nevada limited liability
company, and/or its successors and assigns

In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for the sum of SEVENTY-THREE THOUSAND FIVE HUNDRED THIRTY-TWO
DOLLARS and _ no/100 ($73,532.00), and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to
GRANTEE a non-exclusive drainage easement in, upon, over, under, across, through and along a
portion of the premises set forth in instrument number 20070429082 recorded April 12, 2007 in
the official records of Maricopa County (“Burdened Property”). The granted easement, described
on the attached Exhibit “A” (“Easement”), is for the purpose of constructing, operating, inspecting,
repairing, and maintaining stormwater pipes, headwall, and appurtenances thereto (collectively,
the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2021P294 (“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.

Page 1 of 12

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 Reems Road Channel and Basin (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
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

Page 2 of 12
FCD Project: Reems Road Channel and Basin APN: 501-41-005F ptn.
FCD Parcel No.: A022-001 FCD Permit No.: 2021P294

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.

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.

Page 3 of 12
FCD Project: Reems Road Channel and Basin APN: 501-41-005F ptn.
FCD Parcel No.: A022-001 FCD Permit No.: 2021P294

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:

Midrarl Fulton 6/22/2023
Michael A. Fulton Date
Director

MARICOPA COUNTY REAL ESTATE DEPARTMENT

‘DocuSigned by:
a 6/22/2023

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 Puck 6/22/2023

Wayne Peck Date
District General Counsel

Page 4 of 12
FCD Project: Reems Road Channel and Basin
FCD Parcel No.: A022-001

APN: 501-41-005F ptn.
FCD Permit No.: 2021P294

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 Control District of Maricopa County.

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

Notary Public (signature)

Page 5 of 12

FCD Project: Reems Road Channel and Basin APN: 501-41-005F ptn.
FCD Parcel No.: A022-001 FCD Permit No.: 2021P294

GRANTEE ACCEPTANCE AND APPROVAL:

ASHTON WOODS ARIZONA, L.L.C., a Nevada limited liability company, and/or its
successors and assigns

DocuSigned by:

By: [tae Sl

Tara South

Its: Authorized Representative/Director of Finance

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this 22nd day of June 2023, by Tara
South, Authorized Representative/Director of Finance of Ashton Woods Arizona, L.L.C., a
Nevada limited liability company, and/or its successors and assigns.

‘DocuSigned by:

My Commission Expires PtH 03, 2025 os ¢
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

Page 6 of 12
FCD Project: Reems Road Channel and Basin APN: 501-41-005F ptn.
FCD Parcel No.: A022-001 FCD Permit No.: 2021P294

Exhibit “A” - Easement
Attached to Non-exclusive Drainage Easement
LEGAL DESCRIPTION FOR
STONEBRIDGE MANOR
DRAINAGE EASEMENT

‘That part ofa certain parcel of land as described in Document 2007-0429082, Records of Maricopa

County, Arizona, being situated in the Northeast Quarter of Section 30, Township 3 North, Range
1 West, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly
described as follows:

Commencing at the City of Surprise Brass Cap in hand hole marking the Northeast Comer of said
Section 30, irom which the City of Surprise Brass Cap in hand hole marking the North Quarter
Comer of said Section 30 bears North 90°00'00" West, a distance of 2,640.37 feet;

Thence South 01°03'20" East, along the East line of the Northeast Quarter of said Section 30, a
distance of 143.08 feet;

Thence South $8°54'40" West, departing said East line, a distance of 161.10 feet to the True Point
of Besinni

Thence South 20°27°05" West, a distance of 28.00 feet;

Thence North 69°32'55" West, a distance of 122.21 feet to a point on the West line of the
aforementioned certain parcel of land;

Thence North 01°0Y20" West, along said West line, a distance of 30.10 feet;

Thence South 69°32'55" East, departing said West line, a distance of 133.26 feet to the True Point
of Besinni

Contaming 3,577 Square Feet or 0.082 Acres, more or less.

N0110357501\Adnin'Legall Descriptions\G-LG-FCDMC-PCLI docx Page lof C CVL
4550 NORTH 127" STREET PHOENIX, ARIZONA 05014-4291 (602) 264-6831 FAX (602) 264-0920 SaNETEADY
Page 7 of 12
FCD Project: Reems Road Channel and Basin APN: 501-41-005F ptn.

FCD Parcel No.: A022-001 FCD Permit No.: 2021P294

Exhibit “A” - Easement
Attached to Non-exclusive Drainage Easement

NORTH 1/4 CORNER, SECTION 30
TOWNSHIP 3 NORTH, RANGE 1 WEST

N90'00'00"'W _ 2640.37"

POINT OF COMMENCEMENT
NORTHEAST CORNER, SECTION 30
TOWNSHIP 3 NORTH, RANGE 1 WEST

PEORIA AVENUE
APN 501-41-005F 2
FLOOD CONTROL DISTRICT 230
OF MARICOPA COUNTY =|6 x
DOC NO. 2007-0429082 & O
NO1'05’20°W a
30.10" TRUE POINT OF BEGINNING cone, )
ss
$88'54'40 =
161.10" aor
$20°27'05"W ~
28.00" =|
oa
“|
_
~ }
EAST 1/4 CORNER, SECTION 30

TOWNSHIP 3 NORTH, RANGE 1 WEST

STONEBRIDGE MANOR

CVL

DRAINAGE EASEMENT

CONSULTANTS
1 oF 1

Page 8 of 12
FCD Project: Reems Road Channel and Basin

FCD Parcel No.: A022-001

:\0110357501\CADDIExhibits\VX.FCDMC.ESMTS.dwg DavidN May 27, 2022

APN: 501-41-005F ptn.
FCD Permit No.: 2021P294

Exhibit “A” - continued
Attached to Non-exclusive Drainage Easement

May 27, 2022

LEGAL DESCRIPTION FOR
STONEBRIDGE MANOR
DRAINAGE EASEMENT

That part of a certain parcel of land as described in Document 2007-0429082, Records of Maricopa
County, Arizona, being situated in the Northeast Quarter of Section 30, Township 3 North, Range
1 West, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly
described as follows:

Commencing at the City of Surprise Brass Cap in hand hole marking the Northeast Corner of said
Section 30, from which the City of Surprise Brass Cap in hand hole marking the North Quarter
Corner of said Section 30 bears North 90°00'00" West, a distance of 2,640.37 feet;

Thence South 01°05'20" East, along the East line of the Northeast Quarter of said Section 30, a
distance of 1,098.65 feet;

Thence South 88°54'40" West, departing said East line, a distance of 237.21 feet to the True Point
of Beginning;

Thence South 00°50'04" East, a distance of 72.99 feet;

Thence South 88°54'40" West, a distance of 47.51 feet to a point on the West line of the
aforementioned certain parcel of land;

Thence North 01°05'20" West, along said West line, a distance of 72.99 feet;

Thence North 88°54'40" East, departing said West line, a distance of 47.84 feet to the True Point
of Beginning.

Containing 3,480 Square Feet or 0.080 Acres, more or less.

NA01\0357501:Admin'l egal Descriptions\G-LG-FCDMC-PCI.2.docx Page 1 of 1 ¢ VL

4550 NORTH 12™ STREET PHOENIX, ARIZONA 85014-4291 (602) 264-6831 FAX (602) 264-0928 PES CEAN

Page 9 of 12
FCD Project: Reems Road Channel and Basin APN: 501-41-005F ptn.
FCD Parcel No.: A022-001 FCD Permit No.: 2021P294

Exhibit “A” - continued
Attached to Non-exclusive Drainage Easement

NORTH 1/4 CORNER, SECTION 30 POINT OF COMMENCEMENT
TOWNSHIP 3 NORTH, RANGE 1 WEST NORTHEAST CORNER, SECTION 30
TOWNSHIP 3 NORTH, RANGE 1 WEST
N9O'CO'O"W _ 2640.37" —
PEORIA AVENUE
ae or Q
TRUE POINT OF BEGINNING FS 2 S
s
N88'54°40"E $86'54'40'W =| a
47.84 237.21 * 2
= a o Ww
alo Sia ip LW
FPS Bla wlio oO
5|" a" APN 501-41-005F a5
= ned FLOOD CONTROL DISTRICT 8
$88'54'40'W OF MARICOPA COUNTY
47.51 DOC NO. 2007-0429082 a
EAST 1/4 CORNER, SECTION t
TOWNSHIP 3 NORTH, RANGE 1 WEST
|
|
iD
|
SCALE 1" = 50'
EXHIBIT STONEBRIDGE MANOR
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-204-0831 DRAINAGE EASEMENT SORaeEets
htip://veww.cvici.com 1 oF 1

N:0110357501\CADD\ExhibitsiVX.FCDMC.ESMTS.dwg DavidN May 27, 2022

Page 10 of 12
FCD Project: Reems Road Channel and Basin APN: 501-41-005F ptn.

FCD Parcel No.: A022-001 FCD Permit No.: 2021P294

Exhibit “A” - continued
Attached to Non-exclusive Drainage Easement

LEGAL DESCRIPTION FOR
STONEBRIDGE MANOR
DRAINAGE EASEMENT

‘That part of a certain parcel of land as described in Document 2007-0429082, Records of Maricopa
County, Arizona, being situated in the Northeast Quarter of Section 30, Township 3 North, Range
1 West, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly
described as follows:

Commencing at the City of Surprise Brass Cap in hand hole marking the Northeast Comer of said
Section 30, from which the City of Surprise Brass Cap in hand hole marking the North Quarter
Comer of said Section 30 bears North 90°00'00" West, a distance of 2,640.37 feet;

Thence South 01°05'20" East, along the East line of the Northeast Quarter of said Section 30, a
distance of 1,670.19 feet;

Thence South $8°54'40" West, departing said East line, a distance of 529.88 feet to the True Point
of Beginni

Thence South 27°07'18" West, a distance of 52.50 feet;
Thence South 62°52'42" East, a distance of 54.41 feet;

Thence South 82°08"51" East, a distance of 26.90 feet;

Thence South 27°07'18" West, a distance of 58.69 feet;
Thence North 43°36°33" West, a distance of 26.80 feet;
Thence North 62°52'42" West, a distance of 54.41 feet;
Thence South 27°07'18" West, a distance of 54.47 feet;

Thence North 62°05'19" West, a distance of 91.54 feet to a point on the West line of the
aforementioned certain parcel of land;

‘Thence North 36°05'42" East, along said West line, a distance of 159.18 feet;

Thence South 53°54'18" East, departing said West line, a distance of 67.53 feet to the True Point
of Vices

Containing 15,638 Square Feet or 0.359 Acres, more or less.

CONSULTANTS
4550 NORTH 12™ STREET PHOENIX, ARIZONA 85014-4291 (602) 264-6831 FAX (602) 264-0928

Page 11 of 12
FCD Project: Reems Road Channel and Basin APN: 501-41-005F ptn.
FCD Parcel No.: A022-001 FCD Permit No.: 2021P294

Exhibit “A” - continued
Attached to Non-exclusive Drainage Easement

NORTH 1/4 CORNER, SECTION 30 POINT OF COMMENCEMENT —
TOWNSHIP 3 NORTH, RANGE 1 WEST _ NORTHEAST CORNER, SECTION 30
TOWNSHIP 3 NORTH, RANGE 1 WEST
N90‘00'00"W _ 2640.37’ ee i
PEORIA AVENUE
—
2
S
TRUE POINT OF BEGINNING ©
$88'54'40"W jg.aQ
| 589.88" 3 <
ml ral a
35 D
xs
, APN 501-41-005F 5 WwW
FLOOD CONTROL DISTRICT "2x
OF MARICOPA COUNTY
DOC NO. 2007-0429082
EAST 1/4 CORNER, SECTION 30
TOWNSHIP 3 NORTH, RANGE 1 WEST
LINE TABLE LINE TABLE
NO. | BEARING | LENGTH NO.| BEARING | LENGTH
Li | $27°07'18"W | 52.50' L6 | N62°52'42"W | 54.41"
L2 | $62°52’42"E | 54.41° L7_ | $27°07'18"W | 54.47’
L3. | $82°08'51"E | 26.80" L8 | N62°05'19"W |] 91.54’
L4 |$27°07'18"W | 58.69’ L9 | N36'05’42"E | 159.18"
L5 |N43°36'33"W | 26.80' L10 | $53°54'18"E | 67.53"
/ SCALE 1" =150'
EXHIBIT STONEBRIDGE MANOR
4550 North 12th Street
Phoenix, Arizona 85014
; T
Phone 002-264-6831 DRAINAGE EASEMENT nla
http://veww.cvici.com 1 oF 1

N:AO110357501\CADDIExhibits\VX.FCDMC.ESMTS.dwg DavidN May 27, 2022

Page 12 of 12
FCD Project: Reems Road Channel and Basin APN: 501-41-005F ptn.
FCD Parcel No.: A022-001 FCD Permit No.: 2021P294