D1. NON- EXCLUSIVE ROADWAY EASEMENT.PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009 (MDH)

EXEMPT ARS § 11-1134, A2
FCD 1999R016

NON-EXCLUSIVE ROADWAY EASEMENT

FCD Project: Reems Road Channel and Basin
FCD Parcel No.: A022-001 and A022-001A
APN: 501-41-005F and 501-41-005E

FCD Permit No.: 2021P138

This non-exclusive roadway easement is entered into by and between the following parties and
becomes effective as of the date of recordation with the Maricopa County Recorder.

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona

GRANTEE: INDICAP AZ LLC., a Delaware limited liability company and/or its
successors and assigns

In accordance with GRANTOR’S Board of Director Resolution 2018R013, for and in
consideration of the sum of NINE THOUSAND NINE HUNDRED AND TWENTY TWO
DOLLARS ($9,922.00), and other valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE a non-
exclusive roadway easement over portions of premises described in the attached Exhibit “A”
(“Burdened Property”). The granted easement, legally described and depicted on the attached
Exhibit “B” (“Easement”) is for the purpose of constructing, operating, repairing and maintaining
a roadway (the “Roadway”), in accordance with FCD Right-of-Way Use Permit No. 2021P138
(“FCD Permit”). The Roadway in intended to benfit the property legally described and depticed in
Exhibit “C” (“Benefited Property”). In no event shall the Benefited Property be split, subdivided,
have recorded against it a horizontal property regime, sold in part or in any way diminished from the
size as it exists on the date hereof, unless and until the GRANTOR shall have approved a
maintenance agreement binding all of the property within the Benefited Property. GRANTEE shall
submit any such maintenance agreement to the Director of Real Estate for Maricopa County (the

“Director”) for approval. The Director shall have thirty (30) days to review said maintenance

1

agreement and approve, deny or provide comments to said agreement and provide a resubmittal and
approval timeline for final approval. The Grantee and the Director shall make best efforts to work
together to create an approved maintenance agreement within ninety (90) days. Prior to the recording
of horizontal property regime, any split, subdivision or diminution of the size of the benefited
property, an approved maintenance agreement shall be placed of record as an encumbrance against
all of the property. A violation of either of the previous two sentences shall render this Easement

void.

Said Easement is SUBJECT TO all governmental restrictions which include, but
are not limited to, environmental, archaeological, and cultural resource regulations, and all land
use regulations, covenants, conditions, restrictions, easements, rights-of-way, and other matters of
record, or not of record, that could be disclosed by a visual inspection or accurate survey of the
real property. Without limitation, this Easement is also subject to all regulations related to its

permitted use.

This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
have unrestricted access to the Burdened Property for the purpose of construction, use, operation
and maintenance of GRANTOR’S flood control project known as the Reems Road Channel and
Basin (“Project”). GRANTOR shall endeavor to use its best efforts to operate and maintain the
Project in a manner which will not unreasonably interfere with the GRANTEE’S rights granted
by this Easement. GRANTEE assumes all risk of damage to its Roadway resulting from the

Burdened Property functioning as a flood control project.

In the event the use of the Roadway interferes with GRANTOR’S use of the Burdened
Property, or the land within the Easement is needed to construct, maintain, or relocate any portion
of GRANTOR’S Project due to the needs of the GRANTOR, GRANTEE shall at GRANTOR’S
request and GRANTEE’S sole expense, eliminate the interference or conflict, including restricting

use of the roadway if needed.

The GRANTEE shall, at its sole cost and expense, maintain the Easement, in a safe
condition and in such a state of repair that is shall not, in any manner whatsoever interfere with
the operation of the GRANTOR’S Project. GRANTEE shall, at its sole cost and expense, repair

any damage to the culvert, including but not limited to the box, wing walls and fall hazard pipe

FCD Project: Reems Road Channel and Basin 2 APN:501-41-005E and 501-41-005F
FCD Parcel No.: A022-001 and A022-001A FCD Permit No.:2021P138

railing, caused or contributed by the use of the of Roadway. The rights granted to GRANTEE
herein include the right to cut back, trim and remove vegetation now growing, or that may hereafter
grow, on the Burdened Property, or that may extend over the Burdened Property, so as to protect
the same from interfering with the maintenance and operation of GRANTEE’S Roadway. If
GRANTOR incurs costs to maintain, repair, and/or remove GRANTEE’S Roadway, GRANTEE
shall reimburse the GRANTOR for all costs incurred within thirty (30) days after its receipt of the
GRANTOR?’S invoice for said costs.

After the installation of GRANTEE’S Roadway in accordance with said FCD Permit, any
proposed modification whatsoever to the Easement that is not in compliance with said FCD Permit,
will require GRANTEE to apply for and obtain a new right-of-way use permit from GRANTOR.
GRANTOR will process any such application in accordance with GRANTOR’S right-of-way

use permit approval process.

GRANTEE shall indemnify GRANTOR for any and all damages and costs of any nature
whatsoever, including without limitation, reasonable attorney's fees, court costs, and all other
expenses relating to the defense of claims or litigation, caused by or arising from the exercise of

GRANTEEB’S rights pursuant to the terms of this Easement.

In the event GRANTEE fails to install the Roadway over the Burdened Property, or in the
event GRANTEE removes the Roadway, or in the event the Roadway ceases to function for a
period of six (6) consecutive months, or in the event of any other event giving evidence to
GRANTOR that the GRANTEE has abandoned the use of this Easement, then and in such event,
GRANTOR shall notify GRANTEE, in writing, that GRANTOR considers that the Easement
has been abandoned. In such event, GRANTEE shall provide confirmation to GRANTOR that
the Easement has been abandoned, or in the event GRANTEE shall fail to reply that there has
been no intent to abandon the Easement within thirty (30) days of receipt of the aforesaid notice
from the GRANTOR, this Easement shall be deemed to be abandoned and GRANTOR shall be
permitted to record a termination of this Easement in the public records of Maricopa County.
Unless and until such termination is recorded by GRANTOR, this Easement shall remain in full

force and effect.

FCD Project: Reems Road Channel and Basin 3 APN:501-41-005E and 501-41-005F
FCD Parcel No.: A022-001 and A022-001A FCD Permit No.:2021P138

The rights and privileges granted in this Easement are solely for the benefit of Benefited
Property so long as Benefited Property remains in single ownership and the size and configuration
of the Benefited Property remain as it is on the date hereof, unless the Director shall approve another
condition as outlined herein, to use portions of the Burdened Property for a Roadway and for no
other purpose, and do not include the right to permit and/or grant any use of the Easement to another
party. Nothing contained herein shall limit the right of invitees of GRANTEE from gaining access
to the Benefited Property via the Roadway.

This Easement shall run with the land. In the event the portions of Burdened Property that
include the Easement becomes dedicated public right of way this easement shall automatically

terminate.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

FCD Project: Reems Road Channel and Basin 4 APN:501-41-005E and 501-41-005F
FCD Parcel No.: A022-001 and A022-001A FCD Permit No.:2021P138

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

‘DocuSigned by:

- 5/12/2022
Midvaul Cultow (e/
.610710C47EBR48C.
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:

flex. South, 5/11/2022
F0612BOD565D4CC...
Alex Smith Date
Director

APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.

DocuSigned by:

5/11/2022
Wayne Peck (My
‘B2E0BD10DB52401...
District General Counsel Date
FCD Project: Reems Road Channel and Basin 5 APN:501-41-005E and 501-41-005F

FCD Parcel No.: A022-001 and A022-001A FCD Permit No.:2021P138

APPROVED:

BOARD OF DIRECTORS OF THE 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

FCD Project: Reems Road Channel and Basin
FCD Parcel No.: A022-001 and A022-001A

day of. »202__

Notary Public (signature)

APN:501-41-005E and 501-41-005F
FCD Permit No.:2021P138

GRANTEE ACCEPTANCE:
INDICAP AZ LLC., a Delaware limited liability company
By: Indicap, Inc., its sole Member

By:
Michael A. Chernine
President
STATE OF )
)ss
COUNTY OF )
Before me, , Notary Public in and for said County, State of

Arizona, on this day personally appeared Michael A. Chernine, President, known to me to be the

Grantee described in the foregoing instrument.

Given under my hand and seal of the office this day of » 20

Notary Public (signature)

FCD Project: Reems Road Channel and Basin 7 APN:501-41-005E and 501-41-005F
FCD Parcel No.: A022-001 and A022-001A FCD Permit No.:2021P138

Exhibit “A” - Burdened Property

The property described in the Final Order of Condemnation recorded as Instrument Number
2007-0429082 in the Offical Records of Maricopa County.

Exhibit “B” — Easement

REEMS AND OLIVE
FCD EASEMENT
LEGAL DESCRIPTION

A portion of land being situated within Document No. 2007-0429082, Records of
Maricopa County, Arizona, lying within the Southeast Quarter of Section 30,
Township 3 North, Range 1 West of the Gila and Salt River Meridian, Maricopa
County, Arizona, being more particularly described as follows:

COMMENCING at a found 3 inch Maricopa County Highway Department Brass
cap in hand hole, down 0.5 feet, accepted as the Southeast Comer of said Section
30 from which a found 2 inch Maricopa County Aluminum cap flush accepted as.
the South Guarter Comer thereof bears North 89°02°25 West, 2635.71 feet:

Thence North 00°00'09" West, 1261.27 feet along the east line of said Southeast
Quarter;

Thence leaving said east line, South 89°59'51" West, 65.00 feet to the POINT OF
BEGINNING;

Thence North 88°54'22" West, 200.03 feet to the west line of Document No. 2007-
0429082, records of Maricopa County, Arizona;

Thence along said west line and the northerly prolongation thereof,
North 00°00'10" West, 160.03 feet;

Thence leaving said prolongation, South 88°54'22" East, 200.03 feet to a line that
is parallel with and 65.00 feet west of said east line;

Thence along said paralle! line, South 00°00'09" East, 160.03 feet to the POINT
OF BEGINNING.

The above described parcel contains a computed area of 32,005 sq. ft. (0.7347
acres} more or less and being subject to any easements, restrictions, rights-of-way
of record or otherwise.

The description shown hereon is not to be used to violate any subdivision
regulation of the state, county and/or municipality or any land division restrictions.

Prepared by: HILGARTWILSON, LLC
2141 E. Highland Avenue, Suite 250
Phoenix, AZ 85016
Project No. 2374
Date: April 2022

UA2300N2374SURVEYIDOCS'ILEGALIZ374-FCD EASEMENT-LEGAL. docx a PAGE 1 OF 1

FCD Project: Reems Road Channel and Basin 9 APN:501-41-005E and 501-41-005F
FCD Parcel No.: A022-001 and A022-001A FCD Permit No.:2021P138

Exhibit “B” — Easement continued

real,

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REEMS AND OLIVE

CD EASEMENT

Maricora COUNTY, arizona | AILGARTWILGON
24144 E. HIGHLAND AYE., STE. 250
— ie a PHOENIX, AZ 85016
P: 602.490.0535 / F: 602.368.2436
Jaa Er URL Bo ESE ETH APIT 2

FCD Project: Reems Road Channel and Basin
FCD Parcel No.: A022-001 and A022-001A

10

APN:501-41-005E and 501-41-005F
FCD Permit No.:2021P138

Exhibit “C” — Benefited Property

REEMS AND OLIVE
OVERALL PROPERTY
LEGAL DESCRIPTION

A portion of land being situated within the Special Warranty Deed as recorded in
Document No. 2021-0706862, Records of Maricopa County, Arizona, lying within
the East Half of Section 30, Township 3 North, Range 1 West of the Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as
follows:

COMMENING at a found 2 inch Maricopa County Aluminum cap flush accepted
as the South Quarter Comer of said Section 30 from which a found 3 inch Maricopa
County Highway Department Brass cap in hand hole, down 0.5 feet, accepted as
the Southeast Comer thereof bears South 89°02°25 East, 2635.71 feet;

Thence Narth 00°03'14" West, 83.01 feet along the west line of said east half to
the POINT OF BEGINNING;

Thence continuing along said west line, North 00°03'14" West, 2554.39 feet to the
center of said Section 30;

Thence South 88°59'47" East, 309.11 feet along the East-West Mid-Section line
of said Section 30 to the Southeast corner of the Final Plat of “Twelve Oaks
Estates” as recorded in Book 723, Page 29, records of Maricopa County, Arizona;
Thence leaving said East-West Mid-Section line and along the east line of said
final plat, North 00°03'14" West, 75.01 feet to a line that is parallel with and 75.00
feet north of said East-West Mid-Section line;

Thence leaving said east line and along said parallel line, South 88°59'47" East,
1170.27 feet;

Thence leaving said parallel line, South 22°50'03" West, 227 27 feet;
Thence South 16°27'10" West, 518.85 feet;
Thence South 09°26'42" West, 505.53 feet;
Thence South 02°17'17" West, 126.66 feet;

Thence South 88°54'22" East, 1217.07 feet to the west line of Document No. 2007-
0429082, records of Maricopa County, Arizona;

Thence along said west line, South 00°00'10" East, 80.01 feet;

Thence leaving said west line, North 88°54'22" West, 1220.27 feet;

UA230012374\SURVEYIDOCS'LEGALI2374-OVERALL PROPERTY-LEGAL docx PAGE 1 OF 2

FCD Project: Reems Road Channel and Basin 1 APN:501-41-005E and 501-41-005F
FCD Parcel No.: A022-001 and A022-001A FCD Permit No.:2021P138

Exhibit “C” — Benefited Property continued
Thence South 02°17'17" West, 293.46 feet;

Thence South 00°07'04" East, 500.09 feet;

Thence South 01°43'13" East, 417.41 feet fo the north line of the south 83.00 feet
of the East half of said Section 30;

Thence along said north line, North 89°02'25" West, 1152.33 feet to the POINT OF
BEGINNING.

The above described parcel contains a computed area of 3,260,147 sq. fi.
(74.8427 acres) more or less and being subject to any easements, restrictions,
rights-of-way of record or otherwise.

The description shown hereon is not to be used to viclate any subdivision
regulation of the state, county and/or municipality or any land division restrictions.

Prepared by: HILGARTWILSON, LLC
2141 E. Highland Avenue, Suite 250
Phoenix, AZ 85016
Project No. 2374
Date: April 2022

UA2300\23974SURVENDOCSILEGALIZ374-OQVERALL PROPERTY-LEGAL docx PAGE 2 OF 2

FCD Project: Reems Road Channel and Basin 12 APN:501-41-005E and 501-41-005F
FCD Parcel No.: A022-001 and A022-001A FCD Permit No.:2021P138

Exhibit “C” —

Benefited Property continued

\SOUTH QUARTER CORNER

SECTION 30, Tan, RIW

FOUND 2° MARICOPA COUNTY

ALUMINUM CAP FLUSH, STAMPED TAM RAW 1/4
$30 S31 RLS 36563 2003

POINT OF COMMENCEMENT

~_ NORTH QUARTER. CORNER
‘SECTION 30, T3K, 218
FOUND 3° CITY OF SURPRISE, BRASS CAP FLUSH
L4
j L293
‘ ‘9
CENTER OF ~ EAST QUARTER CORNER /
\ SECTION 36, T3N, RIW SECTION 30, TRY, RIW
FOUND REBAR NO ID FOUND 3” MARICOPA COUNTY
AFFIXED CAP RLS 49926 HIGHWAY DEPARTMENT BRASS
“9 CAP IN HAND HOLE, OO"WN 0.5"
Doe. NO.
20070479082,
5 MCR.
- BOC, NO. a L9
qa 2021-C 706862, °
fa]
5
6D \
ba |
a
BEGINNING - |
& L15 = |
SOUTHEAST CORNER,

FOUND) 3" MARICOPA
HIGHWAY GEPARTVENT BRASS
CAP IN HAND HOLE, DOWN 0.5°

SECTION 30, TAN, R1IW
COUNTY

Hiey

HILGARTWILSGN

PROUNO.: 2474 REEMS AND OLIVE
DATE: APR 2022 OVERALL PROPERTY
SCALE: NTE. MARICOPA COUNTY, ARIZONA
DRAWN BY: JK 4 S +
CHECKED BY: KuP Eo Q I

2144 E. HIGHLAND AVE., STE. 250
PHOENIX, AZ 85016
P: 602.490.0535 / F: 602.368.2436

Oetee, HLSSSTALses, LL

FCD Project: Reems Road Channel and Basin 13

FCD Parcel No.: A022-001 and A022-001A

TEA EAL PETE deg fits? TAOe PO

APN:501-41-005E and 501-41-005F
FCD Permit No.:2021P138

Exhibit “C” — Benefited Property continued

UNE TASLE

LINE NO.) DIRECTION | LENGTH
Lt Nao'ow1a"W | 2554. 3¢"
La Sga'5o'47"E | 309.11
3 Nonoa14"w | 75.01"
L4 Sea'so'47"E | 170.27
L5 522°50'03 "Ww | 227.27
Lé SIB2P 10" W | Ste."
L? Sng'6 22"W
Ls Sov iri7"w | 176.68"
Ls 28a°54'22"E | 1217.07"
Lic soo'oo'1e"E | 80.01"
Lu NBBS4'22"W | 1220.27
Liz SOIT I7"W | 293.46
Li4 SOV4eS SE | 417.41
Lis NBVO?"2a"W | 1152.38

19344
KIRK J.

PRONG: 2474 REEMS AND OLIVE
DATE: APR 2622 OVERALL PROPERTY
SCALE: NTS. MARICOPA COUNTY, ARIZONA
DRAWN BY: JK

CHECKED BY: KuP

Ee IT

HILGARTWILSGN

2141 E. HIGHLAND AYE., STE. 250
PHOENIX, AZ 85016
P: 602.490.0535 / F: 602.368.

FCD Project: Reems Road Channel and Basin

Tee AS TALe

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E- >< FH 1

TST

14

FCD Parcel No.: A022-001 and A022-001A

ya LEseL tin ALL,

SET EA eq 40

APN:501-41-005SE and 501-41-005F
FCD Permit No.:2021P138