Water Easement

Recorded at the request of
When Recorded Return to:
City Clerk, City of El Mirage
10000 N. El Mirage Road

El Mirage, AZ 85335

Exempt under A.R.S. § 11-1134(A)(2)

PUBLIC WATER EASEMENT
GRANTOR: GRANTEE:
Walmart Inc. City of El Mirage
2608 SE J Street 10000 N. El Mirage Road
Bentonville, AR 72716-5560 El Mirage, AZ 85335

For the consideration of One Dollar ($1.00), and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, GRANTOR does hereby grant and
convey to GRANTEE, its successors and assigns, a perpetual non-exclusive easement (subject to
the Addendum (defined hereinbelow)), as described herein for utility purposes, including, but not
limited to, the right to erect, construct, install, maintain, use, operate, inspect, repair, replace and
remove delivery and/or distribution lines, and other utility facilities and telemetering and
communications equipment in, on, over, under, across, above and through the real property situated
within Maricopa County, Arizona, identified in the attached Exhibits A and B.

The GRANTEE shall also have the right and privilege forever to patrol, inspect, alter,
improve, add to, repair and remove such utility facilities, including the right to increase or decrease
the size of the lines, and all other rights and privileges necessary or convenient for the full use and
enjoyment of the easement, servitude and privileges herein granted for the purposes herein
described, including the right of ingress and egress to and from said easement and pipeline and
related appurtenance over adjoining property of the GRANTOR, upon routes determined from time
to time by the Grantor in its reasonable discretion, and the right to use existing roads and as much of
the surface of the land, herein above described as may be necessary for the purpose of constructing,
inspecting, maintaining, operating, repairing, replacing, and/or removing the facilities, either in
whole or in part, at the will of GRANTEE.

To have and to hold said easement, servitude and privileges unto the GRANTEE, its
successors and assigns, forever. Grantee acknowledges and agrees that the easement granted
hereunder is subject to all terms, conditions, requirements, and obligations set forth in the
Addendum attached hereto as Exhibit “C”, which exhibit is incorporated herein for all purposes (the
“Addendum”).

It is agreed that the GRANTOR shall have full use of said easement except for the purpose
for which the same is herein conveyed to the GRANTEE, and except for uses which interfere with

Page 1 of 5

Public Water Easement 002
5098 1594.1/058959.0212

the enjoyment by GRANTEE of the rights and servitude herein conveyed to it, and provided always
that no building or fence of any nature or kind whatsoever, nor any part of same, shall be
constructed, installed or placed on or over said easement or any part thereof by GRANTOR or the
successors or assigns of GRANTOR, and that the grade over any buried facilities shall not be
changed by GRANTOR or the successors or assigns of GRANTOR without the prior written
consent of the GRANTEE. The rights and obligations of GRANTEE shall be construed broadly
and consistent with the performance of its obligations to provide utility service to its customers.

GRANTEE shall be and remain responsible for the construction, operation, maintenance and
repair of the utility facilities and GRANTOR shall have no responsibility or liability in such
construction, operation, maintenance or repair after the GRANTOR constructs the initial water
facilities and they are accepted by the City. GRANTEE shall indemnify and hold GRANTOR
harmless from all injuries and damages arising from GRANTEE’S use of the easement area.
GRANTEE shall return the property to its prior condition after completing the construction,
maintenance or other uses permitted under the foregoing easement.

This Public Water Easement constitutes a perpetual covenant running with the land for the
benefit of the GRANTEE, its successors and assigns.

CAUTION: The above-described easement may contain underground facilities the location of

which must be verified as required by Arizona Revised Statutes, Section 40-360.21 et seq. (Arizona
Blue Stake Law) prior to excavation.

IN WITNESS WHEREOF, this instrument is executed this path day of MAbed , 2095 .
GRANTOR:

WALMART INC., a Delaware corporation (formerly known
as Wal-Mart Stores, Inc., a Delaware corporation)

wm AdUAIK
Title: pinecror, Portal: o Manageneltt
owe; 314 |9005

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Public Water Easement 002
50981594.1/058959.0212

ACKNOWLEDGMENT

State of Arkansas

County of Benton

th .
On this the /? day of March 2025 before me, Kegel El shemek. the

undersigned officer, personally appeared ChukRA Ze: known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument and
acknowledged that he/she executed the same for the purpose therein.

In witness whereof I hereunto set my hand and official seal.

(Seal)

Kee bho

Notary Public

My Commission Expires on_Q/- 22-2029

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Public Water Easement 002
50981594, 1/058959.0212

GRANTEE:
CITY OF EL MIRAGE

By:

Title:

Date:

Page 4 of 5

Public Water Easement 002
50981594.1/058959.0212

ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of

County of

On , before me, , a Notary Public,
personally appeared , who proved to

me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument, and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of that the
foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

Page 5 of 5

Public Water Easement 002
50981594.1/058959.0212

Exhibit “A” — Page 1

THE SOUTHWEST ONE—QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1

EXHIBIT A
PUBLIC WATER EASEMENT

SEE SHEET 2 FOR
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GRAPHIC SCALE IN FEET

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Kimley»Horn a4

© 2025 KIMLEY—-HORN “ AND ASSOCIATES, INC.
1100 W TOWN AND COUNTRY ROAD, SUITE 700, ORANGE, CA 92868
PHONE: 714-939-1030 FAX: 714-938-9488

Va

SEE SHEET 1 FOR
EXHIBIT

EXHIBIT A
PUBLIC WATER EASEMENT

THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1

WEST
LINE TABLE
LINE | LENGTH BEARING
L1 47.29 | S59°50'02.41°E
L2 | 113.04 | S0°03'34.06”W
LS 16.32 | N89°24’24.59"W
L4 12.00 | S0°03'34.06”W
LS 28.33 | S89°24'24.59"E
L6 | 139.17 | NO°03’34.06"E
L7 | 186.63 | S59°50’02.41”"E
L8 | 174.25 | S0°03'48.06’W
L9 12.00 | S89°24’24.59"E
L10 | 181.27 | N0O°03’48.06"E
L11 | 227.14 | N59°50'02.41"W
L12 | 34.63 | S59°39'25.41"W

© 2025 KIMLEY—HORN

SHEET 2 OF 2
Kimley»Horn md

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AND ASSOCIATES, INC.

1100 W TOWN AND COUNTRY ROAD, SUITE 700, ORANGE, CA 92868
PHONE: 714-939-1030 FAX: 714-938-9488

Exhibit “B” — Page |

EXHIBIT B
LEGAL DESCRIPTION FOR WATER EASEMENT

A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 3
NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF LOT 1 AS DESCRIBED ON THE PLAT OF GOLD
BADGE MLD ON FILE AT THE OFFICE OF THE MARICOPA COUNTY ARIZONA RECORDER IN BOOK
992, PAGE 40;

THENCE ALONG THE SOUTH LINE OF SAID LOT 1, SOUTH 89°24’25” EAST, A DISTANCE OF 69.5
FEET TO A POINT COINCIDENT WITH THE EAST LINE OF A 38.0 FOOT WIDE ACCESS EASEMENT AS
DESCRIBED ON THE PLAT OF GOLD BADGE MLD ON FILE AT THE OFFICE OF THE MARICOPA
COUNTY ARIZONA RECORDER IN BOOK 992, PAGE 40.

THENCE DEPARTING SAID POINT, NORTH 00°35’24” EAST, A DISTANCE OF 104.30 FEET;
THENCE NORTH 59°39’25” EAST, 333.20 FEET TO THE POINT OF BEGINNING;

THENCE SOUTH 59°50’02.41” EAST, 47.29 FEET;

THENCE SOUTH 00°03’34.06” WEST, 113.04 FEET;

THENCE NORTH 89°24’24.59” WEST, 16.32 FEET;

THENCE SOUTH 00°03’34.06” WEST, 12.00 FEET;

THENCE SOUTH 89°24’24.59” EAST, 28.33 FEET;

THENCE NORTH 00°03’34.06” EAST, 139.17 FEET;

THENCE SOUTH 59°50’02.41” EAST, 186.63 FEET;

THENCE SOUTH 00°03’48.06” WEST, 174.25 FEET;

THENCE SOUTH 89°24’24,59” EAST, 12.00 FEET;

THENCE NORTH 00°03’48.06” EAST, 181.27 FEET;

THENCE NORTH 59°50’02.41” WEST, 227.14 FEET;

THENCE SOUTH 59°39’25.41” WEST, 34.63 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,434 SQUARE FEET MORE OR LESS.

ALL AS SHOWN ON EXHIBIT “A” ATTACHED AND MADE A PART HEREOF, BY THIS REFERENCE.

Exhibit “C”
Addendum to Easement Agreement
Notwithstanding anything to the contrary in the attached document:

Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance of either Grantee's
improvements or the easement area as provided for herein so as not to unreasonably
disturb Grantor's use of its property. Grantee agrees to return the easement area to its
condition which existed prior to the installation of any of its improvements in the
easement area, including but not limited to the replacement of any sod, landscaping,
paving or other improvements that existed within the easement area prior to such
installation.

Grantee will forever waive and hold Grantor harmless for, and defend Grantor
against, any claims, losses, causes of action, and suits which arise from Grantee's, its
agents', employees' or invitees! acts or omissions, including but not limited to the use
of the easement herein granted and will indemnify Grantor for any losses suffered
due to any such claims, losses, causes of action or suits.

The easement granted hereunder is a permanent easement and will continue in full
force and effect so long as the easement is used by the Grantee, its successors and
assigns. Notwithstanding, Grantor shall have the right at its sole option and expense
to relocate said easement upon Grantor's property. Upon sixty (60) days’ written
notice, Grantee shall release and extinguish all its rights granted pursuant to this
easement.

Grantee shall make all attempts not interfere with Grantor's business operations
while utilizing this easement. Grantee covenants and agrees that Grantor’s tract will
not be used as a staging area and will not be used to store equipment, trucks, dirt,
supplies, etc. During any repairs, replacement or maintenance of the Facilities,
Grantee may request temporary use of land outside the Easement Area for staging in
its reasonable determination that such an area is necessary, and Grantor shall use its
reasonable discretion in determining whether to grant such temporary use

Grantee shall secure, maintain and comply with all required licenses, permits and
certificates relating to, or otherwise necessary or appropriate for, the construction,
installation, repair, replacement and maintenance of either Grantee's improvements
or the easement area as provided for herein. Grantee shall comply with any and all
applicable federal, state and local laws, rules, regulations, statutes, codes, orders and
ordinances, including, but not limited to, those governing the prevention, abatement
and elimination of pollution and/or protection of the environment and the
employment of its workers.

In exercising any rights and privileges under this easement, Grantee shall comply

Exhibit “C” — Page 1

fully with any federal, state or local laws, regulations, ordinances, permits or other
authorizations or approvals or other requirements relating to storm water discharges
or the control of erosion or sediment discharges from construction projects, including
but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seqg., and the Storm
Water General Permit for Discharges Associated with Construction Activities
(collectively the “Storm Water Requirements”).

Grantee shall (i) comply in all respects with all immigration laws, statutes, rules,
codes and regulations, (ii) properly maintain all records required by the United States
Citizenship and Immigration Services (the “USCIS”). Grantee shall require all
subcontractors performing any work on Grantee's improvements or the easement
area as provided for herein to make and abide by the covenants set forth in this
paragraph.

In the event any provision of this Addendum is contrary to the Easement, the terms
of this Addendum shall control.

Exhibit “C” — Page 2