G1. 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: 132-36-032 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 7

FCD Project: Salt River Channel APN: 132-36-032 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

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FCD Project: Salt River Channel APN; 132-36-032 ptn.
FCD Parcel Nos.: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P108

GRANTOR: CITY OF TEMPE, an Arizona Municipal Corporation

By: se
Corey D, Woods, Mayor

ATTEST: APPROVED AS TO FORM:

f ~£f oh i ff
Kata he bhradia For Lhitaboth dog —~ fr
Carla R. Reece, City Clerk Sonia Blain, City Autgrigy
SN

STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this _ll¢ta day of Man
2022 _, by Corey D. Woods, Mayor of City of Tempe, a municipal corporation fot and on behalf
thereof.

My Commission Expires Noe (22.

Notary Public State of Arizona C ; 1 bem
Maricopa County A re

Erin Fillmore Notary Public (signature)

‘My Commiasion Expires 07/06/2022
Number 647721

SOP 2100 Rio, LLC, lessee pursuant to that

Certain Lease dated March 26, 2018 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

ca Zz .
Name bocce & Mode

J

Page 3 of 7

FCD Project: Salt River Channel APN: 132-36-032 ptn.
FCD Parcel Nos.: ADOT7-6020 FCD Permit Nos.: 2018P158 and 2019P 108

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:
Midval Fulton 5172022
6IDTANCATEBB4BC...
Michael A. Fulton, Director Date

Bocusigned by:
| Ae— , 5/17/2022
FO812BOD58504CC...

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.

‘DocuSigned-by:
Wayne. Puke 5/17/2022
[i BOIODBEZADI...
Flood Control District General Counsel Date
Page 4 of 7
FCD Project: Salt River Channel APN: 132-36-032 ptn.

ECD 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 7

FCD Project: Salt River Channel APN: 132-36-032 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 DESCRIPTION ACCESS EASEMENT

AN ACCESS EASEMENT WITHIN A PORTION OF LOT 8 OF 2100 RIG SALADO BUSINESS PARK Ii,
RECOROEO IN G00K 1331, PAGE 1, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, BEING
WITHIN THE NGRTHEAST QUARTER OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE
GLA ANDO SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID LOT @;

THENCE SOUTH 1215'40" WEST, ALONG THE EAST UNE OF SAID LOT 6, A DISTANGE OF 3.45
FEET TO THE POINT OF GESINNING;

THENGE CONTINUING SQUTH 12°45'40" ‘WEST, A DISTANCE OF 20.01 FEET TO A POINT ON A
CURVE, CONCAVE SOUTHERLY WHOSE RADIUS IS 257.50 FEET AND WHOSE GHORD SEARS NORTH
ae'23'33" WEST A CHORD DISTANCE OF 48.90 FEET;

THENCE WESTERLY, ALONG SAIQ CURVE Tt) THE LEFT THROUGH A CENTRAL ANGLE OF 10°B3'467
AN ARC LENGTH OF 48.97 FEET;

THENCE NORTH 73°69'48" WEST, A OISTANCE GF 79.59 FEET:

THENCE NORTH 18°00'12" EAST, 4 DISTANCE OF 31.95 FEET TO 4 POINT ON THE NORTH LINE
OF SAID LOT 8;

THENCE SOUTH 73°59°48" EAST, A DISTANCE OF 58.72 FEET TO A POINT ON A CURVE, CONCAVE
NORTHEASTERLY, WHOSE RADIUS IS 33,00 FEET AND WHOSE CHORR BEARS SOUTH 6?'44°51"
EAST A CHORD DISTANCE OF 31.93 FEET:

THENCE SOUTHEASTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
47°51'34" AN ARC LENGTH OF 33,32 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE
SOUTHERLY, WHOSE RADIUS [S$ 278.t4 FEET AND WHOSE CHORD BEARS SOUTH B2'45'30" EAST A
CHORD DISTANCE OF 38.02 FEET;

THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 07°50°16"
AN ARC LENGTH GF 3B,05 FEET TO THE POINT OF BEGINNING.

SAID DESGRIPTION CONTAINING O.078 AG,

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FCD Project: Salt River Channel APN: 132-36-032
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

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APN: 132-36-032

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

FCD Permit Nos.:2018P158 and 2019P108

Page 7 of 7