E1. 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: 132-36-030B 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: BOYER RIO 2100 FF-3 OFFICE, L.C., a Utah limited liability
company
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
Page 1 of 8

FCD Project: Salt River Channel APN: 132-36-030B ptn.
FCD Parcel Nos.:ADOT7-6020 FCD Permit Nos,: 2018P158 and 2019P108

hereby grant and convey to GRANTEE, its agents, contractors, successors, assigns, a permanent
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

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FCD Project: Salt River Channel APN: 132-36-030B pin.
FCD Parcel Nos.: ADOT7-6020 FCD Permit Nos,: 2018P158 and 2019P108

GRANTOR: BOYER RIO 2100 FF-3 OFFICE, L.C., a Utah limited liability company, by its

Manager

The Boyer memes” a Utah limited liability company

ie

By: >
Brian Gochnour
Manager
STATE OF _Utah )
}ss.
COUNTY OF Salt Lake. }
The foregoing instrument was acknowledged before me this U day of. Kv | \ 20 ao

by Brian Gochnour as Manager of The Boyer Company, L.C., a Utah limited liability company,
the Manager of BOYER RIO 2100 FF-3 OFFICE, L.C., a Utah limited liability company, on
behalf of such company.

My Commission Expires ¢ | i \ wo

Notary Public (igi ature) (\

AVRY BYINGTGON
Notary Public State of Utah
My Commission Expires on:

August 28, 2025
Comm. Number: 719523

FCD Project: Salt River Channel APN: 132-36-030B
FCD Parcel No.; ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

‘DocuSigned by:
Midvael Fulbon 5/17/2022
AAINTINCATERR AR
Michael A. Fulton, Director Date

‘DosuSigned by:
(. AS 5/17/2022

FOS 12BODS854CC...
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.
‘Docutigned by:

C WL Puc 5/17/2022
ortbporousss,

Flood Control District General Counsel Date

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ECD Project: Salt River Chamel

APN: 132-36-030B pin.

FCD Parcel Nos.; ADOT7-6020 ECD 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. 202__.

Notary Public (signature)

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FCD Project: Salt River Channel APN: 132-36-030B ptn.
FCD Parcel Nos.: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P108

Exhibit “A”
Attached to Nen-exclusive Ingress and Egress Easement
f EXHIBIT A }
LEGAL DESCRIPTION ACCESS EASEMENT

AN ACCESS EASEMENT WITHIN A PORTION OF LOT 6 OF 2100 RIO SALAGO BUSINESS FARK Il,
RECORDEO_IN QDOK i331, PAGE 43, OFFICISL RECORDS OF MARICOPA COUNTY, ARIZONA, BEING
WITHIN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA
AND SALT RIVER 8ASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SQUTHWEST CORNER OF SAID LOT 6;

THENCE NORTH 09°34'10" EAST, ALONG THE SGUTHWESTERLY LINE OF SAID LOT 6, A QISTANCE OF
14.29 FEET TO THE PCINT OF BEGINNING:

THENCE CONTINUING NORTH O9°34'10" EAST, A DISTANCE OF 294.74 FEET TO A POINT ON A GURYE,
CONCAVE SQUTHAESTERLY WHOSE RADIUS IS 1941.54 FEET AND HOSE CHORD BEARS NORTH
62°50'52" WEST A CHORD DISTANCE OF 48,73 FEET;

THENCE NORTHWESTERLY, ALONG SAID CURVE TQ THE LEFT THROUGH A CENTRAL ANGLE OF
02°37'07" AN ARO LENGTH OF 88.74 FEET;

THENCE NORTH 25°54'53" EAST, A DISTANCE OF 159.64 FEET TO A POINT OF CURVATURE, CONCAVE
WESTERLY WHOSE RADIUS IS 40.00 FEET AND WHOSE CHORD BEARS NORTH 11°00°82" EAST A
CHORO DISTANCE OF 20,87 FEET;

THENCE NORTHWESTERLY, ALONG Salo CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
29°48'01" AN ARC LENGTH OF 20.80 FEET TO A POINT OM THE WEST UNE OF SAID LOT 6;

THENCE NORTH 25'54'53" EAST, A GISTANCE OF 29.06 FEET TO A POINT ON A CURVE, CONCAVE
SOUTHWESTERLY WHOSE RADIUS (5 GO.00 FEET AND HOSE CHORD BEARS SOUTH O1'24°45" EAST A
CHORD DISTANCE OF 55,09 FEET;

THENCE SQUTHEASTERLY, ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
54°39'1B” AN ARC LENGTH OF 57.23 FEET;

THENCE SQUTH 25°54'53" WEST, A DISTANCE OF 117.14 FEET TO A POINT OF CURVATURE, CONCAVE
NORTHEASTERLY WHOSE RADIUS [S 33.00 FEET ANO WHOSE CHORD BEARS SOUTH 18°25'43" EAST A
CHORD DISTANCE OF 46,43 FEET;

THENCE SOUTHEASTERLY, ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
884112" AN ARC LENGTH OF 61,08 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE
SOUTHWESTERLY, WHOSE RADIUS IS 1951.54 FEET AND WHOSE CHORD BEARS SOUTH 62°07'30"
EAST A CHORD DISTANCE OF 44.08 FEET;

THENCE SOUTHEASTERLY, ALONG SAID CURVE TO THE RIGHT THRGUGH A CENTRAL ANGLE OF
O117°39" AN ARC LENGTH OF 44.08 FEET:

THENCE SOUTH 09°34740" WEST, A [HSTANCE OF 300.15 FEET:

THENCE SOUTH 89‘44’34" WEST, A DISTANCE OF 10,15 FEET TO THE POINT GF BEGINNING,

PAGE 1 OF 3
TLE: X802 HUNTER
ENGINEERING CIVIL ANG SURVEY
DATE: fab /18 40450 M. 7ATH BT SUITE 200
SCOTTSDALE, AZ OS255
DESC: ACCESS _EASENENT 7M 201 2908 | eovRoos—xBOZ. De
LOT 6 . PROUNO.BOYROOS— 9 ]

FCD Project: Salt River Channel APN: 132-36-030B
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 6 of 8

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

EXHIBIT B
ACCESS EASEMENT

“,

N25°54'53"E,_
454,64"

LOT 7
4334/13
NCR LOT 8
133/13
HCR
' :
1331/13 SL
MCR
SW COR. LOT 6
ee POT
PAGE 2 OF 3
2555 TITLE: XBo2 HUNTER
weet SCALE:  1"= 80" ENGINEERING CIVIL AND SURVEY
DATE: ti /oB Aa 1480 M, TAT ST SUITE 200
jin Ue “ACCESS EASEMENT eer aad 981 38Ne
Raia TY OFSGACCESS ASE 7A 8, ie | sovenos—xmoz.ows
q ws afoul * BROU.NO.BOYROOB~s/ ]
FCD Project: Salt River Channel APN: 132-36-030B
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 7 of 8

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

EXHIBIT B
CURVE & LINE TABLE DATA

CURVE TABLE
CURVE | DELTA RADIUS | LENGTH | CHORD DIRECTION | CHORD LENGTH

C1 & =002'37'07" | 1941.84 | BA74 | NBR AD HOW 88,73
c2 A =0294R01" | 40.00' | 20.80" | N11G0'S2"E 20,57"
Cs 4 =054°39'16" | 60.00° | 57,.23' | S01°24’45"E 65,00"
4 4 =088'41'12" | 33.00° | 51.08" | $18'25743"E 46.43"
cs A =00177°39" | 1951.54’ | 44.08" | 58207 '30°E 44.08!

LINE. TABLE

LINE | BEARING DISTANCE

Li | Noga4410"E | 13,29°
L2 | N25‘S4'53"E | 25.06"
L& | Sagea's4a"w 10.45"

PAGE 2 0F3
TITLE: XBO2 HUNTER
ENGINEERING SMvIL ANG SURVEY
DATE: 4/27 AA 40490 HN. 7ATH BT, SUITE 200
SCOTTSDALE, AZ BR2GS
DESC:ACCESS EASEMEN 2g Be, 88 | sorroos—xuo2.ows
LOT 6 —_ EROJ.NO, BOYROOS— 8 J

FCD Project: Salt River Channel APN: 132-36-030B
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

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