D1. 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: 132-36-036 ptn.

Permit #: 2018P158 and 2019P108

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

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

GRANTOR: RIO 2100 PROPERTY MAINTENANCE COMMITTEE,

INC,, an Arizona nonprofit 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

FCD Project: Salt River Channel APN; 132-36-036 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 1 of 11

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

FCD Project: Salt River Channel APN: 132-36-036 ptn,
FCD Parcel No.; ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P 108

Page 2 of 11

GRANTOR: RIO 2100 Property Maintenance Committee, Inc., an Arizona nonprofit corporation

By:__(_
Thomas LeClair ™
President
STATE OF ARIZONA. }
)ss.
COUNTY OF MARICOPA )

b Dip ps
The foregoing instrument was acknowledged before me this / Shs, of Lp fe ( 2022—
by Thomas LeClair as President, of RIO 2100 Property Maintenance Committee, Inc., an

Arizona nonprofit corporation, on behalf of such company.

My Commission Expires ox =| yi “x ORF AN) b L
, CU fe

on COLLEEN setae A
‘ NOTARY EUBLIC oA RIZON Notary Public (signature) (/
My COMMISSION # 559945.
MY COMMISSION EXPIRES
FEBRUARY 49, 2023

FCD Project: Salt River Channel APN: 132-36-036 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 3 of 11

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

‘DocuSigned by:
Miceal Fulton. 5/17/2022

Michael A. Fulton, Director Date

BocuSigned by:
L. A S 5/17/2022
astm EGA 2D SASDACC.

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.

(We 5/17/2022

B2E0BD10DB524Di...

Flood Control District General Counsel Date

FCD Project: Salt River Channel APN: 132-36-036 pin.
FCD Parcel No.: ADOT7-6020 ECD Permit Nos.:2018P158 and 2019P108

Page 4 of 11

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)

FCD Project: Salt River Channel APN: 132-36-036 pin.

FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 5 of 11

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

( EXHIBIT A
LEGAL DESCRIPTION ACCESS EASEMENT

AN ACCESS EASEMENT WITHIN A PORTION OF TRACT “A* OF 2109 RIO SALADO HUSINESS PARK fi,
RECGRDEO IN BOOK 1331, PAGE 13, OFFICIAL RECORDS OF. MARICOPA COUNTY, ARIZONA, BEING
YATHIN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 1-NORTH, RANGE 4 EAST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:

CONMENCING AT A 8RASS CAP IN HANDHOLE MARKING THE EAST QUARTER CORNER OF SaAlb
SECTION 13, PROM ‘AHICH A GRASS CAP IN HANCHOLE MARKING THE CENTER OF SAID SECTION 13
BEARS SOUTH 89°61'53" WEST, A DISTANCE OF (2648.69 FEET:

THENCE SGUTH 89°S1’53" WEST, 4 DISTANCE OF 1806.55 FEET;
THENCE NORTH 00'08'07" WEST, A DISTANCE CF 76.76 FEET TO THE POINT OF BEGINNING;

THENCE NORTH OO'07'SE* WEST, A DISTANCE OF 149,15 FEET To A SOINT OF CURVATURE, CONCAVE
SOQUTHWESTERLY WHOSE RADIUS 15-G600,06 FEET AND WHOSE CHORD REARS NORTH 17°00'05* WEST
A CHORD DISTANCE OF 348,28 FEET;

THENCE NORTHWESTERLY, ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
33'44'25" AN ARC LENGTH OF 353.36 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE
NORTHEASTERLY, WHOSE RADIUS IS 600,00 FEET AND WHOSE CHORD BEARS NORTH 17°00'07" WEST
& CHORD DISTANCE OF 348,23 FEET;

THENCE NORTHERLY, ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE CF 33°44'20°
AN ARC LENGTH OF 353.33 FEET;

THENCE NORTH 00°07'S7" WEST, A GISTANCE OF 372.42 FEET TO A PUINT OF CURVATURE, CONCAVE
SOUTHEASTERLY WHOSE RADIUS 1S 89.60 FEET AND WHOSE CHORD BEARS NORTH 30°00'SB" EAST A
CHORD DISTANCE OF 125.78 FEET;

THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE GF
BOT717" AN ARG LENGTH OF 5.39.47 FEET;

THENCE NORTH 74°3916" EAST, A OISTANCE OF 58,06 FEET'TO A POINT OF CURVATURE, CONCAVE
SOUTHEASTERLY AHOSE RADIUS 1S 503.50 FEET AN WHOSE CHORD BEARS NORTH 82°11'55" EAST 4
SHORD DISTANCE OF 132.21 FEET;

THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANCLE OF
1S'OS'1B" AN ARG LENGTH OF 232.99 FEET:

THENCE NORTH 89°44'34" EAST, A DISTANCE OF 116.19° FEET:
THENCE SOUTH §3°26'18" EAST, A OISTANCE OF 68,71 FEET TO A PCINT OF CURVATURE, CONCAVE

NORTHERLY WHOSE RADIUS IS’ 210.00 FEET AND WHOSE CHORO BEARS SOUTH 8412'S!" EAST A
CHORD DISTANCE OF 20.30 FEET;

PAGE 4 OF 6
TITLE: XBOt R
NGINEERING SIML ANG SURVEY
DATE: Hm /Ob/18 10450 W, 76TH ST, SUITE 280
. SCOTTSOALE, AZ 85255
DESC:ACCESS EASEMENT] 288 Bet SR | eoveuos—xwor.aws
TRACT A _ FROIN. BOTROOS—F J

ECD Project: Salt River Channel APN: 132-36-036 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 6 of 11

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

EXHIBIT A
LEGAL DESCRIPTION ACCESS EASEMENT

THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF .8°32'27"
AN ARC LENGTH OF 20.31 FEET TO A POINT OF COMPOUND CURVATURE, CONCAVE
NORTHAESTERLY, WHOSE. RADIUS IS 33.00 FEET AND WHOSE CHORG GEARS NORTH 74°17'54"
EAST A CHORD DISTANCE OF 21.19 FEET;

THENCE NORTHEASTERLY, ALONG Sal CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
37°26°43° AN ARC LENGTH CF 21.57 FEET;

THENCE SOUTH 40°25‘S0° EAST, A DISTANCE OF 20.08 FEET:
THENCE SOUTH 09°34'10" WEST. 4 DISTANCE OF 22.89 FEET;

THENCE .SOUTH 89°44'34" WEST, A DISTANCE OF 24.29 FEET TO A POINT OF CURVATURE,
CONCAVE NORHTERLY, AHOSE RADIUS IS 220.00 FEET AND WHOSE CHORD SEARS NORTH
86°21'23" WEST A CHORD DISTANCE OF 31,29 FEET;

THENCE WESTERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 7°48'05"
AN ARC LENGTH OF 31.32 FEET:

THENCE NORTH O0°1S'26" WEST, A DISTANCE OF 10.89 FEET;

THENCE SOUTH &8°44’34° WEST, A DISTANCE OF 184,07 FEET TO A POINT OF CURVATURE,
CONCAVE SOUTHEASTERLY, WHOSE RACIUS (8 483.50 FEET AND WHOSE CHORO REARS SOUTH
82°14'55" WEST A CHORD DISTANCE OF 126.96 FEET:

THENCE SOUTHWESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANCLE OF
15°08'18" AN ARC LENGTH OF 127.33 FEET;

THENCE SCUTR 74°$9'l6" WEST, A SISTANCE OF 54.06. FEET TO A POINT OF CURVATURE,
CONCAVE SOUTHEASTERLY, WHOSE RADIUS IS 69,50 FEET AND WHOSE CHORD BEARS SOUTH
2M'01'38" WEST A CHORD DISTANCE OF 99.36 FEET;

THENCE SOUTHWESTERLY, ALONG SAIG CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
91'8'20" AN ARC LENGTH OF [10.69 FEET;

THENCE SOUTH 00°07'57" EAST, A DISTANCE OF 375.12 FEET TO A POINT OF CURVATURE,
CONCAVE NORTHEASTERLY, WHOSE RADIUS IS 580.00 FEET AND WHOSE CHORO AEARS SOUTH
1700'07" EAST A CHORD DISTANCE OF 356.65 FEET;

THENCE SQUTHEASTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
33'44'21" AN ARC LENGTH OF 341.54 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE
SOUTHWESTERLY, HOSE RADIUS IS 620.06 FEET AND WHOSE CHORD BEARS SOUTH 17'00'0S"
EAST A CHORD DISTANCE OF 359.89 FEET;

PAGE 20F6
WILE: xB0t HUNTER
ENGINEERING avi ANO SURVEY
DATE: 1 /OB ALB 10490 N. 74TH ST, SUITE 200
‘SCOTTSDALE, AZ Hn258
DESC;ACCESS EASENMEN 118 8) $33 laovroas—xaor.ows
TRACT A PROS.NO.BOTROGS— % ]

FCD Project: Salt River Channel APN: 132-36-036 ptn.
FCD Parcel Na.; ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 7 of 11

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

EXHIBIT A
LEGAL DESCRIPTION ACCESS EASEMENT

THENCE SOUTHEASTERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF
33'44'28° AN ARC LENGTH OF 365.14 FEET;

THENCE SOUTH G0%07'S6" EAST, A OISTANCE OF 149.15 FEET TG A POINT GN THE NORTH RIGHT
OF WAY OF RIO SALADO PARKWAY;

THENCE SOUTH 89'52'04" WEST, A DISTANCE OF 20,00 FEET TO THE POINT CF BEGINNING.
SAID DESCRIPTION CONTAINING 0.814 AGRES £,

PAGE 3 OF 6

TILE: xB01 HUNTER

ENGINEERING

20R6s *
JAMES A.
BRUCCI

“

cWIL AND SURVEY

2
iy DATE: MW /0B/18 10420 N._74NH BT, SUITE 200
SCOTTSDALE, AZ 85258
J DESC:ACCESS EASEMEN FS) Bet 2888 | movRocs—xeo1.nws
. TRACT A PRONG. BOYROOS—

FCD Project: Salt River Channel
¥CD Parcel No.: ADOT7-6020

Page 8 of 11

APN: 132-36-036 ptn.
FCD Permit Nos.:2018P158 and 2019P108

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

~
EXHIBIT B Lot? ‘
TRACT 1331/13 MCR 10
ACCESS EASEMENT Act ; ca
1a31/13 oe Ca mperlees LS “
MCR bee TO al
“7 rr ob} ™ 140
nn)
\ ie Lo
\ cry
‘| \
I ay
il 3
i LoT 4 zt
roy Ilev 1331/13 2
{5 HGR 4
\| al
LOT 4 (t
133/13 if
wen 1 see atc
Sie LEFT

LOT 3
1331/13
MCR

/ E. 1/4 Cor.
CENTER SEC, 13, \ SEC, 13,
TAN. RiAE., ba TAN. RAE.
FD, BRASS FOB [| Vf Fo. BRASS
cap HH wel CARA ?
ERIOSALADO in a
re PRAY, OL 1606.65"
SBgS1'SS"W

§89°51'53"W 2648.69'(M)
.

ESC: ACCESS EASEMEN

PAGE 4 OF 6
TLE: XBO1
SCALE: W"St75"
ATE: 1/06/18

TRACT A

HUNTER

ENGINEERING

SiVIL AND SURVEY

10480 H.74TH ST. SUITE 200
‘SCOTTSDALE, AZ US25B
7 480 991 JoBS

F 4A} 99) Snes | HOVROOS—xXROTOWG

PROUNG.BOYROOR— y ’)

FCD Project: Salt River Channel
FCD Parcel No.: ADOT7-6020

APN: 132-36-036 pin.
FCD Permit Nos.:2018P158 and 2019P108

Page 9 of 11

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

(~ ~
EXHIBIT B
CURVE TABLE DATA
CURVE TABLE
CURVE | DELTA RADIUS. | LENGTH | CHORD DIRECTION | CHORD LENGTH
6) | & =033'44'25" | 600.08" | 353.36" | NI7'OC'OS"W 348.28"
C2. | A =033°44'20" | 600.00" | 353.31° | NIT‘O0'O7"W 348,23"
C3 | 4 =osg't7't7" | ag.so' | 139.47° | Naoo0's8"E 125.78"
c+ | a =ors'os'ta’ | Sos.so'| 132.59" | Nagt1'sa"E 142.21"
cs. | a-sors'os'ta" | 4a3.so' | 127.33" | $a2711'55"W 128.98"
8 | 4 =o9115'20" | 89.50’ | 110.69" | sav'or's8°w 99.36"
c?_ | 4 =033"44'21" | 5a0.00' | 341.54' | $17'00'07°E 336.63"
cB | a =033'44'25" | 620.06" | 365.14 | st700'Os'E 359,89"
3 | a =008'32'27" | 210.00' | 20.31 | saai2'st"E 20.30"
oto | a =0arze'43" | 3a.00' | 2187 | N7at7'54"E asia"
ctr | A =007'4a'05" | 230,00'| 31,.32° | wascata3"W Ba

PAGE 5 OF 6
TITLE: xXB0t HUN
ENGINEERING cIvIL ANG SURVEY
DATE: 11/06/18 10450 N 7ATH ST, SuITE 200
DESC:ACCESS EASENEN STATED 401 IS | a pyreoos—xuat.owe
TRACT A FBS 8h SiS PROW.NO.HOYROaS—S)|

FCD Project: Salt River Channel APN: 132-36-036 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 10 of 11

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

EXHIBIT B )
LINE TABLE DATA
UNE TABLE

UNE | BEARING DISTANCE

Lt | Noa'o7'se"w| 149,15"

L2 | Naoo?'s7"W | 372,42"

L3 | N74‘39'I6"E | 58.08"

L4 | Naovaa'a4"e | 115.19"

is | sar2e'ie’e | 68.71

Lé | ssorzs'so"E | 20.08"

L7 | sogs4'io"w | 22.89"

U8 | saaaa' se"! 24,20°

to | Noos'26"W | 10.89"

Lic | sa9‘44'34"w | 184.07"

Li | s7439'16"W | 58.06"

U2 | s00'07's7"E | 378.32"

LI3 | son'o7'ss"E | 149,15"

Ll4 | segrs2'o4"w] 20.00"

LIS | Noo'ce'o7"w | 76.76"

PAGE 6 OF 6

mes xen HUNTER. SivillL, AND SURVEY
DATE: 10s /18 10450 N. 74TH ST, SUITE 250
DESC! ACCESS EASEMEN ees S88 lsoyeaosexvor.DWS

TRACT A PROI.NO.BOYROOS ~ 5 J

FCD Project: Salt River Channel
FCD Parcel No.: ADOT7-6020

APN: 132-36-036 ptn.
FCD Permit Nos.:2018P158 and 2019P108

Page 11 of 11