Amendment of Avigation and Noise Easement

When Recorded, Return To:
City of Glendale

5850 W. Glendale Avenue
Glendale, Arizona 85301
Attn: Real Property Division

Exempt under A.R.S. §11-1134(A)(2)
AMENDMENT OF AVIGATION AND NOISE EASEMENT

THIS AMENDMENT OF AVIGATION AND NOISE EASEMENT (“Amendment”) is
made and entered into as of January __, 2022 (the “Effective Date”), by and between
MATTAMY ARIZONA, LLC, an Arizona limited liability company (“Grantor”), and CITY OF
GLENDALE, an Arizona municipal corporation (“Grantee”).

RECITALS

A. Grantor and Grantee caused the recording of that certain Avigation and Noise
Easement, dated November 29, 2018, recorded on November 30, 2018, in the Official Records of
Maricopa County, Arizona, as Instrument No. 20180883609 (the “Easement”); and

B. To complete certain street and other right of way improvements in a portion of the
area subject to the Easement, certain existing irrigation improvements utilized by the Salt River
Project and owned by the United States, acting through the Bureau of Reclamation, must be
relocated and the ownership of the property for the existing irrigation facilities is being transferred
in exchange for the site upon which the irrigation facilities will be relocated; and

C. The property upon which such irrigation facilities will be relocated is described
and depicted in Exhibit A attached hereto (the “Relocation Site”) is a portion of the Property
subject to the Easement and is currently owned by Grantor. The United States, acting through the
Bureau of Reclamation, and as operated by the Salt River Project, proposes to acquire and will
utilize the Relocation Site as the replacement irrigation facilities as part of a transfer of property
referenced above; and

D. The United States is precluded by law from owning property subject to the waivers
and other provisions contained in the Easement; and

E. Grantor and Grantee desire to amend the Easement as set forth herein below only
as to the Relocation Site described and depicted in Exhibit A attached hereto, which is to be
transferred in fee or by easement to the United States as set forth above.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree to amend the Easement as follows:

1. Incorporation of Recitals/Defined Terms. The foregoing recitals are incorporated
in this Amendment as though set forth in full herein. Capitalized terms not otherwise defined herein
shall have the meaning set forth in the Easement.

2. New Paragraph 9. As to the Relocation Site described and depicted on Exhibit A
attached hereto, the Easement is hereby amended to add a paragraph as follows:

This Easement shall not apply to the Relocation Site should the United States of America
or any of its agencies (“United States”) acquire title to, or a possessory interest in, the
Relocation Site for federal reclamation project purposes in accordance with the
Reclamation Act of June 17, 1902 (32 Stat. 388) and all acts amendatory thereof or
supplementary thereto. In the event that the United States subsequently disposes of the
Relocation Site, this Easement shall be reinstated and apply to any successors or assigns to
the United States’ property interest.

3. Remainder Unchanged. Except as modified herein, the Easement shall remain
unchanged and in full force and effect.

IN WITNESS WHEREOF, the Grantor and Grantee have executed this Amendment as of
the Effective Date.

GRANTOR:

MATTAMY ARIZONA, LLC,
an Arizona limited liability company

By: ZL. :
peje
Its: “Vice President/Authorized Agent

STATE OF ARIZONA )
) ss:
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this 6" day of January, 2022, by
Kevin Rust, Vice President and an Authorized Agent of Mattamy Arizona, LLC, an Arizona
limited liability company, for and on behalf of the company.

Notary Public

DEBORAH ALEXANDER
f2\ Notary Public - State of Arizona
MARICOPA COUNTY
My Commission Expires
April 30, 2022

My Commi ~

<q
20/22
71 (Additional signature appears on the following page.
s'

GRANTEE:

CITY OF GLENDALE,
an Arizona municipal corporation

By:
Name:
Its:

STATE OF ARIZONA )
) ss:
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this___ day of January, 2022, by
, who acknowledged himself/herself to be the of
the City of Glendale, an Arizona municipal corporation, and who further acknowledged that he/she
was authorized to and did execute the foregoing on behalf of such municipal corporation, the
Grantee in the foregoing Amendment.

Notary Public
My Commission Expires:

ATEST:

City Clerk

Approved As To Form:

City Attorney

Exhibit A
RELOCATION SITE
SEE ATTACHED

Exhibit “A”

DESCRIPTION OF REAL ESTATE
IN MARICOPA COUNTY, STATE OF ARIZONA

of land in the Northeast Quarter (NE1/4) of Section Eighteen (18), Township
se (2) North, Range One (1) East of the Gila and Salt River Meridian, Maricopa County,
Arizona, being more particularly described as follows:

COMMENCING at the Northeast Corner of said Section 18, from which the East Quarter
Comer of said Section 18, bears South 00 degrees 24 minutes 32 seconds West, 2636.45
feet;

thence along the East line of the Northeast Quarter of said Section 18, South 00 degrees
24 minutes 32 seconds West, 426.10 feet;

thence North 89 degrees 35 minutes 28 seconds West, 0.58 feet to the Northeast Corner
Tron hit cnde eatin: soon on tok thal Gk ot ‘Camelback Ranch’, recorded in
Book 1474, Page 10 of Maricopa County Records and the POINT OF BEGINNING;

thence along the East line of said 20-foot-wide exception, South 00 degrees 53 minutes
38 seconds West, 31.75 feet;

thence South 14 degrees 55 minutes 07 seconds West, 168.26 feet to a point on the
West line of Tract N of said final plat;

thence along said West line, South 00 degrees 24 minutes 32 seconds West, 2015.71
feet;

thence continuing along said West line, South 00 degrees 25 minutes 22 seconds West,
2.14 feet to a point on the South line of the Northeast Quarter of said Section 18;

thence along said South line, South 87 degrees 34 minutes 09 seconds West, 20.02 feet
to a point on the East line of Tract A of said final plat;

thence along said East line, North 00 degrees 25 minutes 22 seconds East, 3.13 feet;

thence continuing along said East line, North 00 degrees 24 minutes 32 seconds East,
2018.25 feet;

thence North 14 degrees 55 minutes 07 seconds East, 168.34 feet to a point on the West
line of said 20-foot-wide exception;

thence along said West line, North 00 degrees 53 minutes 38 seconds East, 29.12 feet;

thence South 89 degrees 35 minutes 28 seconds East, 20.00 feet to the POINT OF
BEGINNING.

EXCEPT any portion lying within that property described in Book 115 of Deeds, Page 494
of Maricopa County Records.

No. 2021-0288611, lying outside of Tract N of that plat of ‘Camelback Ranch’ recorded
in Book 1474, Page 10 of Maricopa County Records.

Containing 0.98 acre, more or less, after said exceptions have been made.

115TH AVE

BETHANY HOME RD

EXHIBIT

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PROPOSED USA FEE
MATTAMY ARIZONA, LLC

EXHIBIT

GROUP

1130.4 Alma School Rd
Ste 120 Mesa, AZ 1
73480,503,2250 | F480,203,2258
www. epsgroupinc,com

Exhibit “A”
DESCRIPTION OF REAL ESTATE
IN MARICOPA COUNTY, STATE OF ARIZONA

A parcel of land in the Southeast Quarter (SE1/4) of Section Eighteen (18), Township
Two (2) North, Range One (1) East of the Gila and Salt River Meridian, Maricopa County,
Arizona, being more particularly described as follows:

COMMENCING at the Southeast Comer of said Section 18, from which the East Quarter
Comer of said Section 18, bears North 00 degrees 25 minutes 22 seconds East, 2635.44
feet;

thence along the East line of the Southeast Quarter of said Section 18, North 00 degrees
25 minutes 22 seconds East, 1333.11 feet;

thence South 89 degrees 30 minutes 09 seconds West, 21.50 feet to the POINT OF
BEGINNING;

thence continuing South 89 degrees 30 minutes 09 seconds West, 11.50 feet to the
Southeast comer of Tract P of that final plat of ‘Camelback Ranch’, recorded in Book
1474, Page 10 of Maricopa County Records;

thence along the East line of said Tract P, North 00 degrees 25 minutes 22 seconds East,
104.22 feet;

thence South 21 degrees 53 minutes 27 seconds East, 30.29 feet;

thence South 00 degrees 25 minutes 22 seconds West, 76.01 feet to the POINT OF
BEGINNING.

Said parce! contains an area of 0.024 acre, more or less.

NORTH LUNE, SE1/44

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EXHIBIT