C1. NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT.PDF

When recorded, interoffice mail to:

Flood Control District of Maricopa County
Real Estate Department [MDH]

2801 West Durango Street

Phoenix, AZ 85009

Exempt ARS 11-1134, A2

NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT

Project #: Salt River Channel
FCD Parcel: ADOT7-6020

APNs: 132-36-028 ptn.

Permit #: 2018P158 and 2019P108

This Non-Exclusive Ingress and Egress Easement is entered into by and between the following

patties, as of the date of recordation with Maricopa County Recorder.

GRANTOR: CITY OF TEMPE, an Arizona Municipal Corporation

GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona, its agents, contractors,

successors, and assigns

GRANTOR is the owner of the real property situated in Maricopa County, Arizona, which is
legally described on attached Exhibits “A and B” attached hereto and incorporated herein

("Easement Premises").

For and in consideration of the sum of Ten and no/100 dollars ($10.00), and other valuable

consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does

hereby grant and convey to GRANTEE, its agents, contractors, successors, assigns, a permanent
Page | of 7

FCD Project: Salt River Channel APN: 132-36-028 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P108

non-exclusive easement for ingress, egress, and access over, under, upon, and across Easement

Premises.

GRANTEE agrees to indemnify GRANTOR for all direct damages to the real property,
personal property, or physical injury to persons on the property of GRANTOR, as described in
Exhibits “A and B”, caused by or arising willful misconduct or gross negligence as the proximate
result of the activities of GRANTEE, its officers, employees, agents or contractors in the exercise
of GRANTEE'S rights pursuant to the terms of this Easement. The parties agree and acknowledge
that in no event shall GRANTEE owe or be obligated to pay any amounts which GRANTOR has
no obligation to pay or has not actually paid, whether due to inability to pay or due to having
entered into an agreement or arrangement that provides GRANTOR has no obligation to pay
regardless of GRANTEE’S ability to pay or due to any other reason, including but not limited to
liabilities for which a covenant not to execute has been provided to GRANTOR or any other
agreement where liabilities are created with no obligation on the part of GRANTOR to pay.

NOW THEREFORE, in consideration of the same and further consideration here within set forth,
this Easement contains all of the provisions between the parties hereto, there being no further

consideration paid than herein specified.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Page 2 of 7

FCD Project: Salt River Channel APN: 132-36-028 pin.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos,: 2018P158 and 2019P108

GRANTOR: CITY OF TEMPE, an Arizona Municipal Corporation
vo
A

oo a,

Corey D. Woods, Mayor

ATTEST: APPROVED AS TO FORM:
Caria R. Reede, City Clerk Sonia Blain, City Attorney

STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this aS if of, Aor u \
20 29-7by Corey D. Woods, Mayor of City of Tempe, a municipal corporatién for and on
behalf thereof.

My Commission Expires

Notary Public State of Arizona
Maricopa County

E} Karen Mary Doncovio
My Commission Expires 09/12/2023

Commission Number 568345

Boyer Rio 2100, L.C., as lessee pursuant to that

certain Land and Improvements Lease dated April 11, 2017 with Grantor as lessor, which lease
includes the easement Premises, consents to Grantor’s granting of this Non-Exclusive

Ingress and Egress Easement and agrees to be subject to all of Grantor’s

responsibilities thereunder.

BOYER RIO 2100, L.C., a Utah limited liability company, by its manager

Cows Utah limited liability company

Name: Brian Gochnour
Title: Manager
Page 3 of 7
ECD Project: Salt River Channel APN: 132-36-028 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P108

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

‘DoouSigned:by:
Mideaul Fulton. 5/17/2022
S4iD7iDC4TEBRAAC...
Michael A. Fulton, Director Date

DocuSignad by:
[ Ae— 5/17/2022 ,
FOS12B0D585D4CC,,,
Alex Smith, Director Date
Maricopa County Real Estate Department

APPROVED AS TO FORM and within the powers and authority granted to the Board of
Directors.

‘DocuSignedby:
C we Puck 5/17/2022
orcbemocesen.
Flood Control District General Counsel Date
Page 4 of 7
FCD Project: Salt River Channel APN: 132-36-028 pin.

¥CD Parcel Ne.: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P108

APPROVED AND ACCEPTED:

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 day of , 20

Notary Public (signature)

Page 5 of 7

FCD Project: Salt River Channel APN: 132-36-028 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P108

Exhibit “A”
Attached to Non-exclusive Ingress and Egress Easement

EXHIBIT A
LEGAL DESCRIPTION ACCESS EASEMENT

AM ACCESS EASEMENT WITHIN A PORTION OF LOT 4 OF 2100 RIG SALADD BUSINESS PARK IL
RECORDER? IM BOOK 1341, PAGE 13, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, BEING
YWITHIM THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE
GIL AND SALT RIVER BASE AMO MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAI LOT 4;

THENCE SGUTH GO'1S'25" EAST, ALONG THE EAST UNE OF SAID LOT 4, A DISTANCE OF 10.89
FEET TQ © POINT GN A CURVE, GQNGAVYE MORTHERLY, WHOSE RADIUS 18 230.00 FEET AND
WHOSE CHORD SEARS NORTH 8t'S6°S0" WEST A CHORD QISTANCE OF 4.08 FEET;

THENCE MORTHWESTERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF
OO1'O3" AM SRO LEAGTH OF 4.98 FEET,

TJHENGE ORTH 8128/18" WEST, A DISTANGE OF @?.0Y FEET TQ 4 POINT ON THE NORTH UNE OF
SAID LOT 4;

THENGE NORTH 894444" EAST, & DISTANCE OF Ad’ FEET TG THE POINT GF BEGINNING.
DESCRIPTION CONTAINING 3292 S.Fit

{ PAGE 14 OF 2
a \ TITLE: X605 UNTER
eer i ENGI EEPtIn Gvil. ant Sever
DATE: th /O8 /18 {DAD NATH ST, SUITE 200
SOCTTSOALE, AZT BS276
DESC: ACCESS EASEMENT] T4808 | poos— RES. OWS
q sue LOT 4 PRO AO BOTKOOE— |
FCD Project: Salt River Channel APN: 132-36-028 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 6 of 7

Exhibit “B”
Attached to Non-Exclusive Ingress and Egress Easement

- “
EXHIBIT B
ACCESS EASEMENT
wn LOT 7
| 135/13 MOR
wee ~~ NE. COR. LOT 4
a. a oon 1331/13 MOR
TRACT “AM Te POR ew
1931/13 MGR ' ~ a nee
eo NSE 4
a FO
weiasiew | 7 ra el
a7?" | \.50'8"28"E
cry | 10.89"
LOT 4
1344/13 ny
ince ARN.
132~36~-O0080
2017—Di 8855s
MOR
CURVE TABLE
GURYVE | DELTA RAGUS ) LENGTH | CHORD DIRECTION | CHORT LENGTH
Ci | 4 =0017'91'03" | 230.00" | 4.08" | NETBB’Sa"W +08
PAGE 2 OF 2
TITLE: xXBOS HUNTER
SCALE: |"=30" ENGINEER IM SvIL AND SURVEY
DATE: foe si 10450 M. 74TH 5ST, SUITE 200
SOOTPSRALE, AZ Blase
DESG: ACCESS EASEMENT 748 ST 88 OE MEOH Cee
q LOT 4 PHONO. SOYRO0S—s,
FCD Project: Salt River Channel APN: 132-36-028 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P 108

Page 7 of 7