Temporary DEs - DPML

When recorded return to:

City Clerk, City of El Mirage
10000 N. El Mirage Road
EI Mirage, Arizona 85335

Exempt under A.R.S. § 11-1134(A)(2)

DRAINAGE AND RETENTION BASIN
EASEMENT AGREEMENT

THIS DRAINAGE AND RETENTION BASIN EASEMENT AGREEMENT (this
“Agreement”) is made and entered into effective as of September 21, 2022 by and between DPML
Copperwing LLC, a Delaware limited liability company (“Grantor”) and the City of El Mirage,
Arizona (“Grantee”).

RECITALS

A. Grantor is the owner of that certain real property situated in the City of El Mirage,
Maricopa County, State of Arizona, as legally described on Exhibit A attached hereto and made a
part hereof (“Grantor’s Property”).

B. Grantee has requested Grantor to grant to Grantee easements for drainage and
retention basin, storm pipe, and drywell purposes in, under, and upon Grantor’s Property in the
areas legally described and depicted on Exhibit B attached hereto and made a part hereof (each,
an “Easement Area”; collectively, the “Easement Areas”), and Grantor is willing to grant such
easements to Grantee upon the provisions set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and other good
and valuable consideration, the receipt of which is hereby acknowledged, Grantor and Grantee
hereby agree as follows:

1 Grant of Easement. Subject to the terms of this Agreement and to all matters,
documents, easements and conditions of record, Grantor hereby grants, gives, and conveys to
Grantee, for the purposes herein stated and for no other purpose, non-exclusive easements for
drainage and retention basin purposes as described herein in, under, and upon the Easement Areas
(each, an “Easement”; collectively, the “Easements”).

2. Duration of Easement. The Easements shall continue in perpetuity, commencing
upon the recordation of this Agreement and terminating (i) when the drainage, retention basin,
storm pipe, and drywell uses authorized by this Agreement are no longer required by Grantee or
its assigns as set forth in a Termination of Easement Agreement executed by Grantor and Grantee,

Page 1 of 11
Drainage Easements
March 7, 2022

or their respective successors and/or assigns, and recorded by Grantee or (ii) as provided in (a)
Section 8 below and/or (b) Section 15 below.

3. Use of Easement Areas. The use of the Easement Areas by Grantee shall be limited
exclusively to the purposes of construction, maintenance, repair, replacement and operation of
drainage and retention basins, drywells, and storm pipes (collectively, the “Drainage Facilities”)
in, under and upon the Easement Areas and uses incidental to such purposes. Such uses of the
Easement Areas by Grantee shall be at Grantee’s sole cost and expense. As used herein “drainage”
shall mean the flow of normal and excess rainwater runoff from Dysart Road.

4. Condition of Easement Areas. Grantor does not warrant or represent that any
Easement Area is safe, healthful or suitable for the purposes for which it is permitted to be used
under the terms of this Agreement, and Grantee accepts the Easement Areas in their present
condition.

5. Grantee Work Within Easement Areas.

51 Grantee or its assigns shall have the right to enter the Easement Areas at all
times as necessary to construct, maintain, repair and replace the Drainage Facilities located
thereon. Grantee shall be responsible, at its sole cost and expense, for all such work; provided,
however, that if the Easement with respect to any of the Easement Areas is terminated and a
replacement drainage and retention basin is approved by the City in a future improvement plan or
final plat requested by Grantor or its successors and/or assigns, Grantor or its successors and/or
assigns, as applicable, shall be responsible for maintenance of the basin, the underground pipe(s)
and/or drywell(s), as applicable, within such replacement easement area or areas. All costs
associated with any replacement basin relocated by Grantor pursuant to Section 8 below is the
responsibility of the Grantor.

5.2. When any construction, repairs, replacements or maintenance of the
Drainage Facilities within any of the Easement Areas is performed by Grantee, it will be made
upon reasonable advance notice to Grantor (except in case of an emergency, in which event no
prior notice shall be required) at a time which is reasonable and performed in a manner which will
reasonably create the least interference with the use of Grantor’s Property.

5.3. In the event that Grantee disturbs any of Grantor’s Property or
improvements in connection with the exercise of Grantee’s rights hereunder, Grantee, at Grantee’s
sole cost and expense, shall promptly restore the land and/or improvements affected thereby
substantially to the condition existing prior to the time of such disturbance and to Grantor’s
reasonable satisfaction.

5.4 All work performed by Grantee within the Easement Areas shall be
performed in a lien-free, good and workmanlike manner and in accordance with the requirements
of all applicable government ordinances, codes, regulations and laws. If Grantee learns of any

Page 2 of 11

Drainage Easements
June 22, 2022

claim or action pertaining to mechanics’ or materialmen’s liens, Grantee shall give prompt notice
of the same to Grantor. In the event any mechanic's or materialman's lien is filed against any of
the Easement Areas or any other land of Grantor’s Property in connection with work for or on
behalf of Grantee, then Grantee shall, within ten (10) business days after notice of filing, cause the
same to be discharged of record, provided, however, that Grantee may contest such liens or
encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and Grantee
causes such lien or encumbrance to be bonded or insured over in a manner reasonably satisfactory
to Grantor within such ten (10) business day period. If Grantee fails to remove of record or bond
or insure over any lien as required by this Section 5.4, then Grantor shall have the right, but not
the obligation, to satisfy such lien, and the amounts expended by Grantor in connection with
satisfying such lien (including without limitation reasonable attorneys’ fees) plus a fee of 10% of
the amount of such lien shall immediately be due and payable by Grantee to Grantor.

6. Reservations. The Easements are subject to a general reservation and right in
Grantor to use any portion of land within, above, below, or around the Easement Areas (which
reservation of rights includes without limitation (i) the right to grant additional easements over,
upon and under each of the Easement Areas, (ii) the right to grant others the right to use each of
the Easement Areas, and (iii) the right to enter upon each of the Easement Areas for ingress and
egress purposes), so long as such use does not unreasonably interfere with the use of the Easement
Areas by Grantee for their intended purposes or violate any City standards; provided, however,
that no building or structure of any nature or kind whatsoever shall be constructed or placed on or
over any of the Easement Areas without the prior written consent of Grantee, which consent shall
not be unreasonably withheld, conditioned, or delayed.

Ts Relocation of Irrigation System. The Parties acknowledge that the construction of
the Drainage Facilities will interfere with portions of Grantor’s existing irrigation system and dirt
service roads utilized in connection with the farming of Grantor’s property which are located
within or adjacent to the Easement Areas (collectively, the “Irrigation Facilities”) and that,
because of such interference, Grantor will need to relocate and reconstruct, or to cause to be
relocated and reconstructed, such Irrigation Facilities in a manner acceptable to Grantor which will
allow Grantor’s continued use of the irrigation system as required by Grantor (the “Irrigation
Relocation”). Grantee shall be responsible for Grantor’s reasonable costs and expenses for such
Irrigation Relocation, and Grantee shall reimburse Grantor for such costs and expenses within
thirty (30) days after Grantor provides Grantee with an invoice therefor. Costs and expenses shall
be agreed to by the Grantee prior to the start of construction, and such agreement by Grantee shall
not be unreasonably withheld, conditioned or delayed.

8. Relocation, Removal, and Abandonment by Grantor. Grantor shall have the right
to relocate any of the Easement Areas and the Drainage Facilities therein (each, a “Relocated
Easement Area”) and abandon and remove any of such relocated Easement Areas and the
Drainage Facilities located therein (each, an “Abandoned Easement Area”) upon thirty (30)
days’ prior written notice to Grantee without any further action or approval by Grantee so long as
such Relocated Easement Area and the Drainage Facilities located therein accommodate the same

Page 3 of 11
Drainage Easements
June 22, 2022

tributary area and provide substantially the same or greater stormwater capacity as the Easement
Area and Drainage Facilities replaced. Upon such relocation and abandonment and removal, the
parties shall execute an Amendment to this Agreement terminating the Easement granted herein
over the Abandoned Easement Area and substituting a new legal description(s) and depiction(s)
showing the Relocated Easement Area; provided however that if an Abandoned Easement Area is
relocated to a replacement drainage and retention basin which is approved by the City in a future
improvement plan or final plat requested by Grantor or its successors and/or assigns, then such
Amendment to this Agreement shall not substitute a new legal description. Grantor and Grantee
shall perform such actions and promptly execute such documentation as reasonably necessary to
accomplish such relocation and/or termination as provided herein within sixty (60) days of the
abandonment of the Abandoned Easement Area and substitution of the Relocated Easement Area.
All construction and costs associated with such relocation of the Easement Areas and the Drainage
Facilities therein and such abandonment and removal of such relocated Easement Areas and
Drainage Facilities will be the responsibility of the Grantor.

9. Mutual Indemnification. Grantee agrees to indemnify, defend, save and hold
Grantor and Grantor’s agents and their respective affiliated companies, officers, directors, owners,
members, trustees, representatives, attorneys, predecessors, successors, parents, subsidiaries,
assigns, independent contractors, tenants, and employees harmless from and against any and all
claims, demands, suits, actions, losses, damages, costs, and expenses of any nature whatsoever to
person or property occurring in, on, under or about any of the Easement Areas and any liability
relating thereto (including without limitation reasonable attorneys’ fees and costs) (collectively
“Claims”) arising out of or in any manner relating to the use of the Easement Areas by Grantee,
or any of its agents, employees, representatives or contractors, unless any such Claim is due to the
negligence or intentional acts of Grantor.

Grantor agrees to indemnify, defend, save and hold Grantee and Grantee’s agents and their
respective affiliated companies, officers, directors, owners, members, trustees, representatives,
attorneys, predecessors, successors, parents, subsidiaries, assigns, independent contractors,
tenants, and employees harmless from and against any and all claims, demands, suits, actions,
losses, damages, costs, and expenses of any nature whatsoever to person or property occurring in,
on, under or about any of the Easement Areas and any liability relating thereto (including without
limitation reasonable attorneys’ fees and costs) (collectively “Claims”) arising out of or in any
manner relating to the use of the Easement Areas by Grantor, or any of its agents, employees,
representatives or contractors, unless any such Claim is due to the negligence or intentional acts
of Grantee.

10. Insurance. Grantee shall (and during any period of construction within any of the
Easement Areas shall cause its general contractor to), at Grantee’s sole cost and expense, procure
and continue in force a Commercial General Liability Insurance policy providing limits of not less
than two million dollars ($2,000,000.00) combined single limit of liability applicable to both
bodily injury and property damage per occurrence in aggregate. Any insurance policies required
hereunder, including the general contractor’s insurance, shall name Grantor as an additional

Page 4 of 11

Drainage Easements
June 22, 2022

insured. Grantee shall, upon request, provide Grantor with certified copies of certificates of
insurance evidencing any of the insurance coverage required pursuant to this Section.

11. Default. In the event of any default by Grantee in the performance or observance
of any term, condition or covenant of this instrument, which default is not cured within thirty (30)
days after the giving of written notice from Grantor to Grantee (unless such default is in the nature
that it cannot be cured within such thirty (30) day period, in which case the period to cure such
default shall be extended so long as Grantee shall have commenced the curing of such default
within such thirty (30) day period and shall thereafter diligently and continuously prosecute the
curing of same and shall completely cure such default as promptly as possible), then Grantor shall
have (i) the right, exercisable by delivering written notice to Grantee to cure such default, and the
right to be promptly reimbursed for any costs incurred to cure such default and (ii) the right, in
addition to all other rights under law or in equity, to obtain an injunction and enforce specific
performance against Grantee.

12. Notices. All notices and other communications under this Agreement must be in
writing and will be deemed to have been given if delivered personally or delivered by an overnight
delivery service (with confirmation) to the Parties at the following addresses (or at such other
address or facsimile number as a Party may designate by like notice to the other Party):

To Grantor: DPML Copperwing LLC
5500 Equity Avenue
Reno, NV 87502
Attn: C. Douglas Lanning

With a copy to: Patrick E. Gallagher
16427 N. Scottsdale Road
Suite 410
Scottsdale, AZ 85254

To Grantee: City of El Mirage
Attn: City Manager
10000 N. El Mirage Road
El Mirage, AZ 85335

With a copy to: City of El Mirage
Attn: City Attorney
10000 N. El Mirage Road
El Mirage, AZ 85335

Any notice or other communication will be deemed to be given: (a) on the date of personal delivery
or (b) on the date of confirmed delivery by overnight delivery service.

Page 5 of 11
Drainage Easements
June 22, 2022

13. Runs with Land. The Easements constitute covenants running with the land for the
benefit of Grantee, its successors and assigns.

14. No Dedication. The parties acknowledge that the Easement Areas are private
property and are not dedicated to the general public for any public use or purpose whatsoever and
that nothing herein, express or implied, shall confer upon the general public any rights or remedies
under or by reason of this instrument.

15. Termination. The Easement with respect to any of the Easement Areas may be
terminated by a written termination of easement signed by Grantor and the City Manager of
Grantee and recorded in the Official Records of Maricopa County, Arizona. Additionally, upon
the relocation and abandonment of all of the Easement Areas by Grantor, Grantee and Grantor
shall record a termination of this Agreement within sixty (60) days after the relocation and
abandonment of the last of such Easement Areas.

16. Miscellaneous.

16.1 Recitals. The recitals set forth above are incorporated by reference as if set
forth fully herein.

16.2 Binding Effect. This Agreement is binding on and inures to the benefit of
Grantor and Grantee (each a “Party” and collectively the “Parties”) and their respective heirs,
personal representatives, successors, and assigns.

16.3 Construction. The captions used in this Agreement are provided for
convenience only and will not affect the meaning or interpretation of any provision of this
Agreement. All references in this Agreement to “Section” or “Sections” without additional
identification refer to the Section or Sections of this Agreement. All words used in this Agreement
will be construed to be of such gender or number as the circumstances require. Whenever the
words “include” or “including” are used in this Agreement, they will be deemed to be followed by
the words “without limitation.”

16.4 Further Assurances. Each Party agrees to execute and deliver such other
documents and to do and perform such other acts and things as any other party may reasonably
request to carry out the intent and accomplish the purposes of this Agreement.

16.5 Waiver. Any provision or condition of this Agreement may be waived at
any time, in writing, by the Party entitled to the benefit of such provision or condition. Waiver of
any breach of any provision will not be a waiver of any succeeding breach of the provision or a
waiver of the provision itself or any other provision.

16.6 Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the state of Arizona, without regard to conflict-of-laws principles.
Page 6 of 11

Drainage Easements
June 22, 2022

16.7 Venue. Any action or proceeding seeking to enforce any provision of this
Agreement or based on any right arising out of this Agreement must be brought against any of the
Parties in state or federal court, as appropriate, in the State of Arizona, and each of the Parties
consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such
action or proceeding and waives any objection to such venue. The parties hereto expressly
covenant and agree that in the event of a dispute arising from this Agreement, each of the parties
hereto waives any right to a trial by jury. In the event of litigation, the parties hereby agree to
submit to a trial before the Court.

16.8 Attorney Fees. If any arbitration, suit, or action is instituted to interpret or
enforce the provisions of this Agreement, to rescind this Agreement, or otherwise with respect to
the subject matter of this Agreement, the Party prevailing on an issue will be entitled to recover
with respect to such issue, in addition to costs, reasonable attorneys’ fees incurred in the
preparation, prosecution, or defense of such arbitration, suit, or action as determined by the
arbitrator or trial court, and, if any appeal is taken from such decision, reasonable attorneys’ fees
as determined on appeal.

16.9 Exhibits. The exhibits referenced in this Agreement are part of this
Agreement as if fully set forth in this Agreement.

16.10 Severability. If any provision of this Agreement is deemed to be invalid or
unenforceable in any respect for any reason, the validity and enforceability of such provision in
any other respect and of the remaining provisions of this Agreement will not be impaired in any
way.

16.11 Entire Agreement. This Agreement constitutes the entire agreement and
understanding of the Parties with respect to the subject matter of this Agreement and supersedes
all prior understandings and agreements, whether written or oral, among the parties with respect
to such subject matter.

16.12 Relationship of Parties. Nothing herein contained shall be construed as
establishing a partnership, joint venture, or an entity of any nature whatsoever.

16.13 Counterparts. This Agreement may be executed in counterparts, each of
which will be considered an original and all of which together will constitute one and the same
agreement.

[signatures on following pages]

Page 7 of 11
Drainage Easements
June 22, 2022

IN WITNESS WHEREOF, the Parties herein have executed this Agreement as of the date
and year first above written.

GRANTOR:

DPML Copperwing LLC,

a Delaware limited liability company

By: a
M . me

Printed name:

Chief Financial Officer
Its:

ACKNOWLEDGEMENT

STATE OF NEVADA )
) ss.
COUNTY OF WASHOE )

On this Lh i day ot LIME ; 2022 before me, a notary public in and for said state,
personally appeared CMOS Ca bt personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature on
the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

IN WITNESS WHEREOF, I hereunto set my hand and offic) seal.

(LM nine

Notary ‘public

MCKAY KLONICKE
Notary Public - State of Nevad:
Appointment Recorded in Washoe County 2
640-9601-02 - Expires April 1, 202

ACS

My Comm
Lfpp es

Description Of Document This Notarial Certificate Is Being Attached To:

TYPE/TITLE

DATE OF DOCUMENT
NUMBER OF PAGES
ADDITIONAL SIGNORS
(other than those named in
the notarial certificate)

Page 8 of 11
Drainage Easements
June 22, 2022

GRANTEE:

CITY OF EL MIRAGE, an Arizona municipal
corporation

Alexis A. Hermosillo, Mayor

STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA. )

The foregoing instrument was acknowledged before me this day of
20__, before me by Alexis A. Hermosillo, Mayor of the City of El Mirage, an Arizona frunicipal
cory poration, and being authorized to do so, executed the foregoing instrument on behalf of the City
for the purposes therein stated.

Notary Public

My Commission Expires:

ATTEST:

Sharon Antes, City Clerk

Dated:

Approval as to Form

By:
Justin Pierce, City Attorney

Page 9 of 11
Drainage Easements
June 22, 2022

EXHIBIT A

Grantor’s Property

Parcels 1, 4, 8 and 9, COPPERWING LOGISTICS CENTER, according to the plat of record in
the Office of the County Recorder of Maricopa County, Arizona recorded in Book 1556 of Maps,
Page 16. Except from Parcel 4 that portion conveyed to EPCOR Water Arizona, Inc., by Special
Warranty Deed recorded in Document No. 2021-1018769 OR

Page 10 of 11
Drainage Easements
June 22, 2022

EXHIBIT B
Easement Areas

(see attached)

Page 11 of 11
Drainage Easements
June 22, 2022

Gite

Job No. 18-081.2 March 29, 2022

Legal Description
Drainage Easement
APN: 501-45-987

A portion of the Southeast Quarter of Section 34, Township 3 North, Range 1 West
of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly
described as follows:

D.E. 1

Commencing at the southeast corner of said Section 34, being a brass cap in hand
hole, from which the east quarter corner thereof, being a brass cap in hand hole
bears North 0 degrees 02 minutes 16 seconds East, 2,626.61 feet;

thence North 0 degrees 02 minutes 16 seconds East, along the east line of said
Southeast Quarter, 1067.16 feet to a point hereinafter being referred to as Point “A”;

thence North 89 degrees 57 minutes 44 seconds West, 75.00 feet to a point on the
west line of the east 75.00 feet of said Southeast Quarter, said point being the POINT
OF BEGINNING;

thence North 89 degrees 57 minutes 44 seconds West, 30.00 feet to a point on the
west line of the east 105 feet of said Southeast Quarter;

thence North 0 degrees 02 minutes 16 seconds East, along said west line, 253.00
feet;

thence South 89 degrees 57 minutes 44 seconds East, 44.50 feet to a point on the
west line of the east 60.50 feet of said Southeast Quarter;

thence South 0 degrees 02 minutes 16 seconds West, along said west line, 236.00
feet;

thence North 89 degrees 57 minutes 44 seconds West, 14.50 feet to a point on the
west line of the east 75.00 feet of said Southeast Quarter;

thence South 0 degrees 02 minutes 16 seconds West, along said west line, 17.00
feet to the POINT OF BEGINNING.

Together with the following described parcel:

EPS Group, Inc. e 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201

Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\DE Updated\APN 501-45-987 DE - LD.docx

Gite

COMMENCING at the aforementioned Point "A"; thence North 0 degrees 02 minutes
16 seconds East, along the east line of said Southeast Quarter, 338.99 feet to a point
hereinafter being referred to as Point “B”;

D.E. 2

thence North 89 degrees 57 minutes 44 seconds West, 60.50 feet to a point on the
west line of the east 60.50 feet of said Southeast Quarter, said point being the POINT
OF BEGINNING;

thence North 89 degrees 57 minutes 44 seconds West, 40.50 feet to a point on the
west line of the east 101.00 feet of said Southeast Quarter;

thence North 0 degrees 02 minutes 16 seconds East, along said west line, 258.00
feet;

thence South 89 degrees 57 minutes 44 seconds East, 40.50 feet to a point on the
west line of the east 60.5 feet of said Southeast Quarter;

thence South 0 degrees 02 minutes 16 seconds West, along said west line, 258.00
feet to the POINT OF BEGINNING.

Together with the following described parcel:
D.E. 3

COMMENCING at the aforementioned Point "B"; thence North 0 degrees 02 minutes
16 seconds East, along the east line of said Southeast Quarter, 689.20 feet;

thence North 89 degrees 57 minutes 44 seconds West, 60.50 feet to a point on the
west line of the east 60.5 feet of said Southeast Quarter, said point being the POINT
OF BEGINNING;

thence North 89 degrees 57 minutes 44 seconds West, 45.50 feet to a point on the
west line of the east 106 feet of said Southeast Quarter;

thence North 0 degrees 02 minutes 16 seconds East, along said west line, 370.00
feet;

thence South 89 degrees 57 minutes 44 seconds East, 45.50 feet to a point on the
west line of the east 60.5 feet of said Southeast Quarter;

EPS Group, Inc. e 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201

Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\DE Updated\APN 501-45-987 DE - LD.docx

sic ede

* EPS

GROUP

thence South 0 degrees 02 minutes 16 seconds West, along said west line, 370.00
feet to the POINT OF BEGINNING.

An area containing 38,296 square feet or 0.8792 acres, more or less.

EPS Group, Inc. e 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201

Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\DE Updated\APN 501-45-987 DE - LD.docx

Mar 29, 2022 1:08pm S:\Projects\2018\18—081\Legal Survey\Legals\DE Updated\APN 501-45-987 DE — Exhibit.dwg

MATCH LINE SEE SHEET 2 OF 3

=z == ==} =a aS

|
|
L2
|
|
LINE TABLE
=— 60.5'RW —>| LINE | BEARING | LENGTH
ce
g | L1 | Neg*57'44'W | 30.00"
Ss 3s B 2 Py
of 3 a & Ig L2 | $80°5744"E | 44.50"
2e8 8) del JS wf aS
Bex bl 02s je sig L3 | Neg*s74a'w | 14.50"
aS 8p 02528AC.78 <= A
SH 8 Ss # = L4 | soo°o2te'w | 17.00"
3 2 2 a on
8 | L5 | Neg*57'44"°W | 40.50"
Le | $89°57'44"E | 40.50"
L7 | NeO°57'44"'W | 45.50"
L8 | S8o°57'44"E | 45.50"
|
= POINT "A"
a
ul 75.00
POINT OF
| BEGINNING 8
-— 75RW ——> LANDS
| 2
Rey A
POINT OF COMMENCEMENT hey e)
SOUTHEAST CORNER
ye SECTION 34, T3N, RIW garaly
LON FOUND BRASS CAP IN HAND HOLE c a|ke
UD =
NTS. SHEET 1 OF 3
nN DRAINAGE EASEMENT EPS Park Se 4
: ABs 2 7
g APN: 501-45-987 Git ee
2 EXHIBIT uP www.epsgroupinc.com

\

Mar 29, 2022 1:07pm S:\Projects\2018\18-081\Legal Survey\Legals\DE Updated\APN 501-45-987 DE — Exhibit.dwg

MATCH LINE SEE SHEET 3 OF 3

— SSS

|
L6
|
|
7 LINE TABLE
| LINE | BEARING | LENGTH
oe
2 L1 | Ne9°57'44'W | 30,00"
Gos . fs Q =
a8 8 2 s & L2 | segr57'44'e | 44.50!
Es a ee
BES wh iqadose, JE be Sli L3. | Negrs7'44'w | 14.50
sa a Ue lSs oo ls L4 | soorozte'w | 17.00"
3B Ss 3 a Ss
gs L5 | Neo°57'44"w | 40,50!
— 60.5'RW —y Le | $99°57'44"E | 40.50"
L7 | Neg°57'44"W | 45.50!
|
L8 | S8g°57'44'e | 45.50"
POINT "B"
__Neors7aew \I
L5 60.50 |
| \.POINTOF § &
| BEGINNING 8
=a =a = i =a == BY CA
MATCH LINE SEE SHEET 4 OF 3 fo \
lay te)
“{( ROBERT A. ||”
QdOHNSTON
LON ey
; a
UD 7S
NTS. SHEET 2 OF 3
x DRAINAGE EASEMENT MYER 1130 N. Aimbacnoora.
A . as = Ste. 120 Mesa,
8 APN: 501-45-987 EPS TG 5032050 | P8050 2058
% EXHIBIT ] GROUP www-epsgroupinc.com

\

Mar 29, 2022 1:07pm S:\Projects\2018\18-081\Legal Survey\Legals\DE Updated\APN 501-45-987 DE — Exhibit.dwg

EAST QUARTER CORNER

SECTION 34, T3N, RIW
FOUND BRASS CAP IN HAND HOLE

L8
S| 063 JB RF gS LINE | BEARING | LENGTH
e bl tesk Je be se —
oz SS 0.3865 AC. 8 <x © S Li | N89°57'44"W | 30.00
as = BB 2 L2 | sagrsraae | 4450
ASS L3 N89°57'44"W 14.50'
oe -— 60.5'RW ——
8 = | L4 $00°02'16"W 17.00
oO
a L5 N89°57'44"W 40.50'
L6 $89°57'44"E 40.50'
L7 N89°57'44"W 45.50'
|
L8 $89°57'44"E 45.50'
__Neotsraa'w |
7 6050 |
POINTOF &
BEGINNING ©
A XY | ss | El az az) [rm F mea
LON . MATCH LINE SEE SHEET 2 OF 3 -
UU
N.T.S. SHEET 3 OF 3
a DRAINAGE EASEMENT 1130'N: Almbeztineh A.
: -Ab= Ste. 120 Mesa, AZ 8520
3 APN: 301-45-987 G EPS 160508280 | E480503.258
2 EXHIBIT GROUP ~ww-epsgroupinc.com

EPS

GROUP

Legal Description
Drainage Easement
APN: 501-45-986

Job No. 18-081.2 MARCH 29, 2022

A portion of the Southwest Quarter of Section 35, Township 3 North, Range 1 West
of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly
described as follows:

D.E. 11

Commencing at the southwest corner of said Section 35, being a brass cap in hand
hole, from which the west quarter corner thereof, being a brass cap in hand hole
bears North 0 degrees 02 minutes 16 seconds East, 2,626.61 feet;

thence North 0 degrees 02 minutes 16 seconds East, along the west line of said
Southwest Quarter, 1084.15 feet to a point hereinafter being referred to as Point “A”;

thence South 89 degrees 57 minutes 44 seconds East, 55.00 feet to a point on the
east line of the west 55 feet of said Southwest Quarter, said point being the POINT
OF BEGINNING;

thence North 0 degrees 02 minutes 16 seconds East, along said east line, 228.40
feet;

thence South 89 degrees 57 minutes 44 seconds East, 43.00 feet to a point on the
east line of the west 98 feet of said Southwest Quarter;

thence South 0 degrees 02 minutes 16 seconds West, along said east line, 228.40
feet;

thence North 89 degrees 57 minutes 44 seconds West, 43.00 feet to the POINT OF
BEGINNING.

Together with the following described parcel:

EPS Group, Inc. e 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201

Tel (480) 503-2250 « Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\DE Updated\APN 501-45-986 DE - LD.docx

GHP

COMMENCING at the aforementioned Point "A"; thence North 0 degrees 02 minutes
16 seconds East, along the west line of said Southwest Quarter, 321.74 feet to a
point hereinafter being referred to as Point “B”;

D.E. 12

thence South 89 degrees 57 minutes 44 seconds East, 49.50 feet to a point on the
east line of west 49.5 feet of said Southwest Quarter, said point being the POINT OF
BEGINNING;

thence North 0 degrees 02 minutes 16 seconds East, along said east line, 255.00
feet;

thence South 89 degrees 57 minutes 44 seconds East, 37.50 feet to a point on the
east line of the west 87 feet of said Southwest Quarter;

thence South 0 degrees 02 minutes 16 seconds West, along said east line, 255.00
feet;

thence North 89 degrees 57 minutes 44 seconds West, 37.50 feet to the POINT OF
BEGINNING.

Together with the following described parcel:
D.E. 13

COMMENCING at the aforementioned Point "B"; thence North 0 degrees 02 minutes
16 seconds East, along the west line of said Southwest Quarter, 664.15 feet;

thence South 89 degrees 57 minutes 44 seconds East, 49.50 feet to a point on the
east line of west 49.5 feet of said Southwest Quarter, said point being the POINT OF
BEGINNING;

thence North 0 degrees 02 minutes 16 seconds East, along said east line, 244.40
feet;

thence South 89 degrees 57 minutes 44 seconds East, 10.00 feet to a point on the
east line of the west 59.5 feet of said Southwest Quarter;

thence North 0 degrees 02 minutes 16 seconds East, along said east line, 134.60
feet;

EPS Group, Inc. e 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201

Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\DE Updated\APN 501-45-986 DE - LD.docx

aii

iii lie

Gite

thence South 89 degrees 57 minutes 44 seconds East, 38.50 feet to a point on the
east line of the west 98 feet of said Southwest Quarter;

thence South 0 degrees 02 minutes 16 seconds West, along said east line, 379.00
feet;

thence North 89 degrees 57 minutes 44 seconds West, 48.50 feet to the POINT OF
BEGINNING

An area containing 36,419 square feet or 0.8361 acres, more or less.

JOHNSTON
ey

EPS Group, Inc. e 1130 N Alma School Road, Suite 120 e Mesa, AZ 85201

Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\DE Updated\APN 501-45-986 DE - LD.docx