Temporary DEs - Landco III
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When recorded return to: City Clerk, City of El Mirage 10000 N. El Mirage Road El 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 Landco III 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: il 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 August 29, 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. 35 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. 5:1 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 August 29, 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. 7. 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 August 29, 2022 care rl 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 August 29, 2022 shal 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 Landco III 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 August 29, 2022 es 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 August 29, 2022 diate 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 August 29, 2022 IN WITNESS WHEREOPF, the Parties herein have executed this Agreement as of the date and year first above written. GRANTOR: DPML Copperwing Landco III LLC a Delaware limited liability company By: 2 Printed name: —— 6 Bougtas tanning Chief Fi i Its: inancial Officer ACKNOWLEDGEMENT STATE OF NEVADA ) ) ss. COUNTY OF WASHOE ) On this Z /s W day ALF Emote ‘ 2028 before me, a notary public in and for said state, personally appeared WupcaJ (a//g___, 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 women Y 4 . Notary Public - State of Nevada ENotary public Appointment Recorded in Washoe County 2 No: 20-9601-02 - Expires Apri My Commission oV/u fey 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 August 29, 2022 wecilinles 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 municipal cor} 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 August 29, 2022 —uiniimiaiiiibsibiimaes EXHIBIT A Grantor’s Property Lot 3 of Final Replat of Lot 3, COPPERWING LOGISTICS PARK — P/D WEST, as filed in Book 1478, Page 2, Records of Maricopa County, Arizona, according to the plat of record in the Official Records of the County Recorder of Maricopa County, Arizona recorded in Book 1642, Page 30. Page 10 of 11 Drainage Easements August 29, 2022 Drainage Easements August 29, 2022 EXHIBIT B Easement Areas (see attached) Page 11 of 11 ~ EPS GROUP Legal Description Drainage Easement APN: 509-18-973 Job No. 18-081.2 May 24, 2022 A portion of the Southeast Quarter of Section 27, Township 3 North, Range 1 West of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: D.E. 4 Commencing at the southeast corner of said Section 27, 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 06 minutes 25 seconds East, 2,617.02 feet; Thence North 0 degrees 06 minutes 25 seconds East, along the east line of said Southeast Quarter, 110.61 feet to a point hereinafter being referred to as Point “A”; Thence North 89 degrees 53 minutes 35 seconds West, 70.50 feet to a point on the west line of the east 70.50 feet of said Southeast Quarter, said point being the POINT OF BEGINNING ‘1’; Thence North 89 degrees 53 minutes 35 seconds West, 42.50 feet to a point on the west line of the east 113.00 feet of said Southeast Quarter; Thence North 0 degrees 06 minutes 25 seconds East, along said west line, 330.00 feet; Thence South 89 degrees 53 minutes 35 seconds East, 42.50 feet to a point on the east line of said parcel of land and a point on the west line of the east 70.5 feet of said Southeast Quarter; Thence South 0 degrees 06 minutes 25 seconds West, along said west line, 330.00 feet to the POINT OF BEGINNING ‘1’. Said portion of land containing 14,025 square feet, or 0.3220 acres, more or less, and being subject to any easements, restrictions, and/or rights-of-ways of record or otherwise. This description shown hereon is not to be used to violate subdivision regulations of the State, County and/or Municipality, or any other land division restrictions. EPS Group, Inc. ¢ 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 509-18-973 DE - LD.docx ~ EPS GROUP Together with the following described parcel: D.E. 5 COMMENCING at the aforementioned Point "A"; thence North 0 degrees 06 minutes 25 seconds East, along the east line of said Southeast Quarter, 384.92 feet to a point hereinafter being referred to as Point “B”; Thence North 89 degrees 53 minutes 35 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 ‘2’; Thence North 89 degrees 53 minutes 35 seconds West, 42.50 feet to a point on the west line of the east 103.00 feet of said Southeast Quarter; Thence North 0 degrees 06 minutes 25 seconds East, along said west line, 335.00 feet; Thence South 89 degrees 53 minutes 35 seconds East, 42.50 feet to a point on the west line of the east 60.50 feet of said Southeast Quarter; Thence South 0 degrees 06 minutes 25 seconds West, along said west line, 335.00 feet to the POINT OF BEGINNING ‘2’. Said portion of land containing 14,238 square feet, or 0.3268 acres, more or less, and being subject to any easements, restrictions, and/or rights-of-ways of record or otherwise. This description shown hereon is not to be used to violate subdivision regulations of the State, County and/or Municipality, or any other land division restrictions. 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 509-18-973 DE - LD.docx GPS GROUP Together with the following described parcel: D.E. 6A COMMENCING at the aforementioned Point "B"; thence North 0 degrees 06 minutes 25 seconds East, along the east line of said Southeast Quarter, 469.66 Feet; Thence North 89 degrees 53 minutes 35 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 ‘3’; Thence North 89 Degrees 53 Minutes 35 Seconds West, 42.50 Feet to a point on the west line of the east 103 feet of said Southeast Quarter; Thence North 00 Degrees 06 Minutes 25 Seconds East, along said West Line, 75.52 Feet; Thence South 89 Degrees 08 Minutes 45 Seconds East, 42.50 Feet to a point on the West line of the east 60.50 feet of said Southeast Quarter; Thence South 00 Degrees 06 Minutes 25 Seconds West, along said West line, 74.97 Feet, to the POINT OF BEGINNING ‘3’. Said portion of land containing 3,198 square feet, or 0.0734 acres, more or less, and being subject to any easements, restrictions, and/or rights-of-ways of record or otherwise. This description shown hereon is not to be used to violate subdivision regulations of the State, County and/or Municipality, or any other land division restrictions. ROBERT A. JOHNSTON asl 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 509-18-973 DE - LD.docx aims May 24, 2022 9:42am S:\Projects\2018\18-081\Legal Survey\Legals\DE Updated\APN 509-—18-973 DE — Exhibit.dwg LINE TABLE MATCH LINE SEE SHEET 2 OF 3 = maa a= i) aa Ls) = , C asrw LINE } BEARING | LENGTH | Lt} Ne9°53'35°w | 42.50 < L2 | $89°5335E } 42.50 ra 13 | Ne9°63'35"w | 42.50 Go 7 L4 | $89°6336 | 42.50 =e 8g gS Q iad 3 3 =a w OR 919 FIN 1 ee & f an s S Ss L5 | Ng0°53'35°W | 42.50 3 g io A Ted fe a & onaig at q 32 8] osmoec [8 be 8/5 Le | seoros4se | 42.50 eS = s 2 "lB i & a |2 x= BS 28 = H-— 705° RW —+y a 113.0 : | POINT OF BEGINNING 7 ae u 70.50 1 POINT'A' | POINT OF COMMENCEMENT | SOUTHEAST CORNER SECTION 27, T3N, RAW FOUND BRASS CAP IN HAND HOLE OLIVE AVENUE _ NTS. SHEET 1 OF 3 x DRAINAGE EASEMENT ae | bs) | EXHIBIT ] GROUP ww-epsgroupinc.com csiibidiamaciiateiiaina May 24, 2022 9:42am S:\Projects\2018\18—081\Legal Survey\Legals\DE Updated\APN 509-18-973 DE — Exhibit.dwg MATCH LINE SEE SHEET 3 OF 3 ina =n Sa =a aa =n ta U4 | | -— 605° RW | 9g = a og z Ss le o= Ss Ss a 8s aa oO wo <x me 22 8} DES J® |S 28 fo 14,2385F. Je glu eq © Ss we *|8 = s 03268AC Js & S 2G $8 2 £2 2 as = na > z 88 a 12 S 2: 5 ; | Fa 403.0 | | POINT OF BEGINNING fm /_ Neg°s3'35'w | Bo 60.50! WA POINT" ay 3 is] MATCH LINE SEE SHEET 1 OF 3 LINE TABLE LINE | BEARING LENGTH Li | N89°53'35'W | 42.50' L2 | S89°S3'35"E | 42.50 L3 | N8Q°63'35"W | 42.50! 14 | S89°63'35"E | 42.50" LS | N89°53'35'W | 42.50" L6 | S89°0845"E | 42.50' < SHEET 2 OF 3 | DRAINAGE EASEMENT APN: 509-18-973 EXHIBIT Gi 1130 N. AlmNichootha, Ste. 120 Mesa, AZ 85201 :480.503.2250 | F:480.503.2258 www. epsgroupinc.com lS LINE TABLE EAST QUARTER CORNER SECTION 27, TN, RAW 7 LINE | BEARING | LENGTH FOUND BRASS CAP IN HAND HOLE L1 | N89°53'35"'W | 42.50! oe oO = eb a8 L2 | $89°63'36E | 42.50! os AS aa L3 | Neg*s3'35'w | 42.50! = 2 L4 | S89°53'35"E | 42.50! oO g | LS | Neg*53'35'w | 42.50! | ware L6 | 9970845" | 42.50 3 | _ L6 = 60.5' RW ef DE.6A VE ie[ 3,1985.F. 4% POINTOF = | ay 310.0734 AC, 7 BEGINNING | = =) D, 3 wt g /_Neswss36w | 8 = a | 60.50" S on = Bg | eg & A= | So * 98 ne = e a wu 2 <x Qa uw (op) QS > =! 3 a fo | 5 | | May 24, 2022 9:42am S:\Projects\2018\18—-081\Legal Survey\Legals\DE Updated\APN 509-18-973 DE — Exhibit.dwg TaN MATCH LINE SEE SHEET 2 OF 3 cn < NTS. SHEET 3 OF 3 r DRAINAGE EASEMENT 1130 N, AlmD<chooa, & APN: 20918-2973 < EPS eee = EXHIBIT GROUP www-epsaroupine.com