F1. 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: 132-36-031 pin.

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: 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 11

FCD Project: Salt River Channel APN: 132-36-031 ptn.
FCD Parcel Nos.: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 11

FCD Project: Salt River Channel APN; 132-36-031 ptn.
FCD Parcel Nos.: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P108

GRANTOR: CITY OF TEMPE, an Arizona Municipal Corporation

oy ZL

Corey D. Woods, Mayor

ATTEST: APPROVED AS TO FORM:

Kao pAboesdr A ealpeft Mise — fe
Carla R. Reece, City Clerk Sonia Blain, City Attorney./ |

STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this Wala day of Mau
2072, by Corey D. Woods, Mayor of City of Tempe, a municipal corporation fot and on behalf
thereof.

My Commission Expires_D1|02(22-

Notary Pubs Stata o Atze Cua tule pe.

Maricopa C ar
Erin Filmore Notary Public (signature)

My Commission Expires 0748/2022
Commission Number 647721

SOP 2100 Rio, LLC, lessee pursuant to that

Certain Lease dated March 8, 2019 with Grantor as lessor, which lease

Includes the easement Premises, consents to Grantor’s granting of this Non-Exclusive
Ingress and Egress Easement and assumes all of Grantor’s

Responsibilities thereunder.

SOP 2100 Rio, LLC, a Delaware limited liability company, by its manager

Nameeecok Mota
Title Aw ths vz L Ste. fasry
Qo

Page 3 of I]

FCD Project: Salt River Channel APN: 132-36-031 ptn.
ECD Parcel Nos.: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P 108

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:

Midvarl. Fulton, 5/17/2022

81 D71BC47EBBASC...

Michael A. Fulton, Director Date

DocuSigned-by:
FOSt2B00585D4CC..,

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.
DoouSigned-by:
C wat Peek 5/17/2022
woctnme.
Flood Control District General Counsel Date

Page 4 of 11
FCD Project: Salt River Channel

APN: 132-36-031 pin.

FCD Parcel Nos.: 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. » 202.
Notary Public (signature)
Page 5 of 11
FCD Project: Salt River Channel APN; 132-36-031 ptn.

FCD Parcel Nos,: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P108

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

( EXHIBIT A *)
LEGAL DESGRIPTION AGCESS EASEMENT

AN ACCESS EASEMENT WITHIN & PORTION OF LOT 7 OF 2100 RIO SALARO BUSINESS PARK Il,

RECORDED IN BOOK 1331, PAGE 13, OFFICIAL RECORDS CF MARICOPA COUNTY, ARIZONA, BEING

WITHIN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP i NORTH, RANGE 4 EAST OF THE

ea AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
OWS:

COMMENCING AT THE SOUTHWEST GORNER OF SAID LOT 6:

THENCE NORTH 09'34’10" EAST, ALONG THE SQUTHWESTERLY LINE CF SAID LOT 6, A DISTANCE
OF 36.18 FEET TO THE POINT OF BEGINNING:

THENCE NORTH SO°28'50° WEST, A DISTANCE OF 20.08 FEET TO A POINT ON A CURVE, CONCAVE
NORTHWESTERLY, WHOSE RADIUS IS 33,00 FEET AND WHOSE CHORD BEARS NORTH 32°34'21"
EAST & CHORD DISTANCE OF 25.79 FEET;

THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
48°00'23" AN ARC LENGTH OF 26.50 FEET;

THENCE NORTH O9°3410" EAST, A QISTANCE OF 216.17 FEET TO A POINT OF CURVATURE,
CONCAVE SOUTHWESTERLY, WHOSE RADIUS IS 33.00 FEET AND WHOSE CHORO BEARS NORTH
26°41'29" WEST A CHORD DISTANCE OF 39,04 FEET;

THENCE NORTHWESTERLY, ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
723118" AN ARC LENGTH OF 41.77 FEET;

THENCE NORTH 62'57°08" WEST,A DISTANCE OF 87.10 FEET;

THENCE NORTH 25°54'53" EAST, A OISTANCE OF 10.31 FEET TO A POINT GN & CURVE, CONCAVE
SGUTHERLY, WHOSE RADIUS 15 1941.54 FEET AND WHOSE CHORD BEARS SOUTH 62'59’52" EAST,
A CHORD DISTANCE OF 88.73 FEET;

THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 02°37'G7"
AN ARG LENGTH OF 88.74 FEET;

THENCE SOUTH O9°3410" WEST, A DISTANCE OF 271.44 FEET TO THE POINT OF BEGINMING.
SAID DESCRIPTION CONTAINING 0.087 ACRE

TOGETHER WITH:

COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 7;

THENCE SOUTH 26'54’63" WEST, ALONG THE NORTHEASTERLY LINE OF SAID LOT 7, A DISTANCE
OF 12,05 FEET TO THE POINT OF BEGINNING;

THENCE CONTINUING SOUTH 25°54'53" WEST, A DISTANCE OF 29.06 FEET TO A POINT ON A
CURVE, CONCAVE SQUTHWESTERLY WHOSE RADIUS IS 40.00 FEET AND WHOSE CHORD BEARS
NORTH 29°35'09" WEST A CHORD DISTANCE OF 34.69 FEET

PAGE 1 OF G
TLE: XBaa HUNTER
ENGINEERING CIVIL AND SURVEY
OATE: 1 faB/A8 40480 M, 74TH ST, SUETE 200
~ SHOTTISDALE, AZ HS25R
DESC:ACCESS EASEMEN Fie et tS | Boy ROSS —xBOS. DWE
LoT 7 — PROUNG, BOYROGS—& J

FCD Project: Salt River Channel APN: 132-36-031 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos,:2018P158 and 2019P108

Page 6 of 11

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

f EXHIBIT A +)
LEGAL DESCRIPTION ACCESS EASEMENT

THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
BI24'o3a" AN ARG LENGTH OF 35.68 FEET TQ A POINT OF COMPOUND CURVATURE, CONCAVE
SOUTHWESTERLY, WHOSE RADIUS 18 454.45 FEET ANO WHOSE CHORD SEARS NORTH 58°38'11"
WEST A CHORO OISTANCE OF 68.94 FEET;

THENCE NORTHWESTERLY, ALONG SAID CURVE TO THE LEFT THROUGH 4 CENTRAL ANGLE OF
O8'42'00" AN ARC LENGTH OF 60.00 FEET TO A POINT OF COMPOUND CURVATURE CONCAVE
SOUTHAESTERLY WHOSE RADIUS 18 1344.04 FEET AND WHOSE CHORO BEARS NORTH 69°38'03°
WEST A CHORD DISTANCE OF 185.80 FEET;

THENGE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
OB°07'32" AN ARC LENGTH OF 189,76 FEET;

THENCE NORTH 73°'38'%9" WEST, A DISTANCE OF 144.15 FEET TQ A POINT OF CURVATURE,
CONCAVE SOUTHERLY, WHOSE RADIUS IS 283.00 FEET AND WHOSE CHORD BEARS NORTH
76°30'53" WEST A CHORG DISTANCE OF 28.39 FEET:

THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT THROUGH & CENTRAL ANGLE OF
O5%5'03" AN ARC LENGTH OF 28.41 FEET TO A POINT ON THE WEST LINE OF SAID LOT 7;

THENCE NORTH 12°45'31" EAST, A GISTANCE OF 20.01 FEET TO A POINT ON A SURVE, CONCAVE
SOUTHWESTERLY WHOSE RADIUS 15 303,00 FEET AND WHOSE CHORD BEARS SOUTH 75'26'35"
EAST A CHORD DISTANCE OF 29.65 FEET;

THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
8'36'S2" AN ARC LENGTH OF 29.68 FEET;

THENCE SOUTH 7.43819” EAST, A RISTANCE OF 144.15 FEET TO & POINT OF CURVATURE,
CONCAVE SOLITHWESTERLY, WHOSE RADHWS IS 1358.04 FEET AND WHOSE CHORD SEARS SOUTH
693743" EAST, A CHORD DISTANCE OF 192.74 FEET;

THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
OB'aB'14" AN ARC LENGTH OF 192.87 FEET TO A POINT OF COMPOUND CURVATURE, CONCAVE
SOUTHWESTERLY, WHOSE RADIUS IS 47445 FEET AND WHOSE CHORD BEARS SOUTH Se‘se'lt"
EAST, A CHORD DISTANCE OF 72.25 FEET;

THENCE SOUTHEASTERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF
oB'44'OO" AN ARG LENGTH OF 72.32 FEET TG A POINT OF COMPOUND CURVATURE, CONCAVE
SOUTHWESTERLY, WHOSE RADIUS IS 60.00 FEET AND WHOSE CHORD SEARS SOUTH 42°00°47"
EAST, A CHORD DISTANCE OF 27.55 FEET;

THENCE SOUTHEASTERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF
26°32'48" EAST, AN ARC LENGTH OF 27.80 FEET TO THE POINT OF GEGINNING.

SAID DESCRIPTION CONTAINING 0.215 ACRES.

PAGE 2 OF 6
TLE: xB0a HUNTER
ENGINEERING CIVIL AMD SURVEY
GATE: (1/06/18 10450 M. 74TH BT, SUITE 200
SOGTTSDALE, AZ BE2EB
DESC:ACCESS EASEMEN 2 ap1 at jane | SOVROOS—XROS.OWwG
LoT 7 "| IBROU.NO.BO YROOR— J]

FCD Project: Salt River Channel APN; 132-36-031 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos,:2018P158 and 2019P108

Page 7 of 11

Attached to

Exhibit “B”
Non-Exclusive Ingress and Egress Kasement

LOT 4

MCR
.

EXHIBIT B
ACCESS EASEMENT
an)

% va
mh oO

/

L=88,74', Rel94i54"
ar —CH=S62'59'52"E, 88.73

237 OT"

LOT 7
131/13
MCR LOT 6
131/13
MCR
--—— POB

KA NBO'25 SOW
20,08"

“SW COR. LOT 6

POC
PAGE 3 OF 6
TLE: XB03 HUNTER
SCALE: 1"=80' ENSINEERING IVIL AND SURVEY
GATE: 11/ob a VARI He TATH ST, SUITE 200
~ spies 7 BROTTSRALE, AZ BE25B
GESC:AGCESS EASEMEN E ee at 23s SOYROOS—KBO3.0WG

PROJHO.BOYROOR—% |

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

APN: 132-36-031 ptn.
FCD Permit Nos.:2018P158 and 2019P108

Page 8 of 11

Exhibit “B” continued

Attached to Non-Exclusive Ingress and Egress Easement

a a’
EXHIBIT B
ACCESS EASEMENT
UNE TABLE
LINE | BEARING DISTANCE
Li | N6zS7'0R"W | 57,10"
L2 | N25'S4'S3"E | 10,31
CURVE TABLE
CURYE | DELTA RAMUS | LENGTH | CHORD DIRECTION | CHORD LENGTH
ci A =048'00'23" | 33,00' | 26.50" | N32"34'21°E 25,79"
G2 4 =072'°31'18" | 34.00 | 4177) | N26'41'20°W 39,04
PAGE 4 OF 6
TITLE: xXa03 HUNTER
SCALE;  1"=80' ENGINEERING CIVIL AND SURVEY
DATE: 11/08/18 10459 H. 74TH ST SUITE 200
SCOTTSDALE, AZ BEQHB
DESC:ACCESS EASEMEN 7 408 88 3299 | oo ena xBOs. DWE
LoT ? a PROU.NO.BOvROOE—y |

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

APN: 132-36-031 ptn.
FCD Permit Nos.:2018P158 and 2019P108

Page 9 of 11

£ Lo

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

Bod.

HAWaESYS SSAIT¥-OS3d

[SL OCeHOs ON coe _
PMC WEOEX—SCOMADE] S80E 165 ORF J
esteg 2y ZhLIOoS
eae Suns “1s Hike “h asran $3/90/' tL aya
ABATE ON’ TNAIS, SNIMISNISNS es b Twos
SLUM weoex = -STLIL
$d0 S ADV

Yow
Sifieel
£101

Sed TS :
2101 "e9 BN “SN :
me, A i

“St a :

ae ee is |

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CoO, ee ee Oe

tg 2 PE ~

a FOIE
LS

LINSWSSVS SSAD0V
@ LISIHXS

OWN
EL LEEL
Lol

FCD Permit Nos.:2018P158 and 2019P108

APN: 132-36-031 ptn.

: ADOT7-6020

FCD Project: Salt River Channel
FCD Parcel No.:

Page 10 of 11

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

EXHIBIT B
LINE AND CURVE TABLE DATA

CURVE TABLE

CURVE | OELTS RADIUS | LENGTH | CHORD DIRECTION | CHORE LENGTH
cl | A =051'24'02" | 40.00' | 3a.88' | Ned‘as‘ag’w 34.69"
C2 | A =008'42°00" | 454.45" | 69.00" | NSa‘3B I" Ww 6a.94'
G3 | A =008'07°335" | 1338.04' | 189.76" | NegaB'as"W 489.60’
C4 | A =005°45°03" | 283.00' | 28.41° | N7ES0'ST"W 28,59"
C5 | A =o0546"52" | 403.00° | 29.66" | 576°26'45"E 29.68
CG | 4 =00R08'N4" | 1358.04 | 192.87" | S60°37'43"E 49271
ey | 4 00844" | 474.45° | 72.32) | soe age 72.25'
CB | A =026'52"48" | 60.00' | 27.80' | S4200'47"E 27.55"

LINE TABLE

LINE | BEARING BISTANCE
Li | N7P3819"W) 144,15"
L2 | Ni2'45'31"E 20.01"

L3 | S7F384S"E | 144,15°
L4 | $28"54'53"W | 29,68"

LS | Sa8's4'Sa"w 12.05!

: PAGE 6 OF 6
Ray 038s, TITLE: XB03-A AUNTER
le BRticc| & SCALE: 1"=80' ENGINEERING CIVIL AND SURVEY
&. ly DATE: Nn /OB/AIS 10469 4 74TH ET SUITE, 200
SG @ DESC: ACCESS EASEMEN #480 fol ee (SO YROOS—xG034.0W
LOT 7 PROJNO.BOYROOS—
Tee, at
FCD Project: Salt River Channel APN: 132-36-031 ptn.
FCD Parcel No.: ADOT7-6020 FCD Permit Nos.:2018P158 and 2019P108

Page 11 of 11