C1. PARTIALLY EXECUTED BUNGALOWS EASEMENT (FCD PERMIT 2022P111).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 UTILITY EASEMENT

FCD Project: Loop 303 Drainage Improvements
FCD Parcel No.: F00282

APN: 502-49-011A ptn.

FCD Permit No.: 2022P111

This Non-Exclusive Utility 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: BUNGALOWS AT LAKIN PARK SPE LLC, a Delaware 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 One Thousand Five Hundred Ninety-Three DOLLARS and no/100
($1,593.00), and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTOR does hereby grant and convey to GRANTEE a non-exclusive utility
easement in, upon, over, under, across, through and along a portion of the premises set forth in
instrument number 20150580813, recorded August 11, 2015 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, repairing, and maintaining a water
utility extension, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD
Right-of-Way Use Permit No. 2022P111 (“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 8

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 Loop 303 Drainage Improvements (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 GRANTEEF’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
GRANTEPR’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.

: : Page 2 of 8
FCD Project: Loop 303 Drainage Improvements _ APN: 502-49-011A ptn.

FCD Parcel No.: F00282 FCD Permit No.: 2022P111

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
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.

FCD Project: Loop 303 Drainage Improvements Page 3 of 8 APN: 502-49-011A ptn.
FCD Parcel No.: F00282 FCD Permit No.: 2022P111

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midacl Fulton 8/12/2022
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:
L a 8/11/2022
F0612BODS565D4CC...
Alex Smith, Director Date
Maricopa County Real Estate Department

APPROVED AS TO FORM and within the powers and authority granted under the laws of the

State of Arizona.

DocuSigned by:

Wayne Pu. 8/11/2022

'B2E0BD10DB52401...
District General Counsel Date

, Page 4 of 8
FCD Project: Loop 303 Drainage Improvements pe

APN: 502-49-011A pin.

FCD Parcel No.: F00282 FCD Permit No.: 2022P111

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA

COUNTY

Bill Gates Date
Chairman of the Board

ATTEST:

Clerk of the Board Date

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

Before me,

, Notary Public in and for said County, State

of Arizona, on this day personally appeared Bill Gates, known to me to be the person whose name

is subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision in

the foregoing instrument.

Given under my hand and seal of the office this

FCD Project: Loop 303 Drainage Improvements
FCD Parcel No.: F00282

» 202__.

Notary Public (signature)

APN: 502-49-011A ptn.
FCD Permit No.: 2022P111

GRANTEE ACCEPTANCE AND APPROVAL:

BUNGALOWS AT LAKIN PARK SPE LLC, a Delaware limited liability company, and/or its
successors and assigns

By: BUNGALOWS AT LAKIN PARK LLC,
an Arizona limited liability company
Its: Manager and Sole Member

By: BUNGALOWS AT LAKIN PARK MANAGEMENT LLC,
an Arizona limited liability company

Its: wa

By: es

Name: Gary M. Burton

Its: Manager

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA. )

The foregoing instrument was acknowledged before me this et day of Augquet ;

20 ZZ, by Gary M. Burton its Manager of BUNGALOWS AT LAKIN PARK SPE LLC, a
Delaware limited liability company, and/or its successors and assigns.

My Commission Expires October 22, 2024 (Hrtawl~

Notary Public (signature)

LORI ANN BROOKS
Notary Public, Stete of Arizona
Maricopa County
Commission # 592243
My Commission Expires
October 22, 2024

oncamain

f
FCD Project: Loop 303 Drainage Improvements Page 6 of 8 APN: 502-49-011A ptn.
FCD Parcel No.: F00282 : FCD Permit No.: 2022P 111

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

LAKIN PARK - UTILITY EXTENSIONS
FLOOD CONTROL DISTRICT
WATER EASEMENT
LEGAL DESCRIPTION

A portion of land described within that certain document entitled “Final Order of
Condemnation’ filed as Document Number 2015-0580813 records of Maricopa County,
Arizona being within the Southwest Quarter of Section 26, Township 1 North, Range 2 West
of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly
described as follows:

COMMENCING at a found brass cap flush accepted as the South Quarter corner of said
Section 26 from which a found rebar accepted as the Southwest corner thereof bears
North 89°44'33" West, 2647.68 feet;

Thence North 00°18'12" East, 2467.47 feet along the north-south mid-section line of said
Section 26;

Thence leaving said north-south mid-section line, North 89°41'48" West, 230.19 feet to the
northeasterly line of item No. F00282 as recorded in Document No. 2015-0580813 Maricopa
County Records, Arizona, being the POINT OF BEGINNING;

Thence leaving said northeasterly line, South 69°53'21" West, 129.55 feet to the
southwesterly line of said item No. F00282;

Thence North 23°11'52" West, 20.03 feet along said southwesterly line;

Thence leaving said southwesterly line, North 69°53'21" East, 129.55 feet to the northeasterly
line of said item No. F00282;

Thence South 23°11'52" East, 20.03 feet along said northeasterly line to the POINT OF
BEGINNING.

The above described parcel contains a computed area of 2,591 sq. ft. (0.0595 acres) more or
less and being subject to any easements, restrictions, rights-of-way of record or otherwise.

The description shown hereon is not to be used to violate any subdivision regulation of the
state, county and/or municipality or any land division restrictions. \ \

Prepared by: HILGARTWILSON, LLC
2141 E. Highland Avenue, Suite 250
Phoenix, AZ 85016
Project No. 1981
Date: April 2022

u:\1 9001198 fsurvey\docsVegal\ 198 1-fed-wtr-esmt_fegal.dacx Page 1 of f

Page 7 of 8
FCD Project: Loop 303 Drainage Improvements APN: 502-49-011A ptn.
FCD Parcel No.: F00282 FCD Permit No.: 2022P111

Exhibit “A” - continued

NG

yf FOLNO REBAR

UNE TABLE
— UNE NOL DIREC 10M LENGTH
Lt N2371'52"W | 20.03"
2

FOD = FLOOD CONTROL BISTRICT
P.O.B. = POINT OF REGINMIN
P.0.C, = POINT OF COMMENCEMENT

TH QUARTER CORNER
NON 26, TOWNSHIP 1

Th, RANGE 2 A
FOUND BRASS Pk

Attached to Non-exclusive Utility Easement

WGE 2 WEST
BRA P
IN HAND HOLE

PEL

PAGE 10!
1981 LAKIN PARK - UTILITY EXTENSIONS Teg
APR 2022 FCO WATER EASEMENT
NALS. GOODYEAR, ARIZONA HILGARTWILSON
- OSE IMININ NI Bt
CHECKED BY: HUB EXHIBIT .490,0535 / F: 602.31
Saag WeanT None, Te Tyo GAL MGS) FLINT PEM Tag ay

Page 8 of 8
FCD Project: Loop 303 Drainage Improvements
FCD Parcel No.: F00282

APN: 502-49-011A ptn.
FCD Permit No.: 2022P111