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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 UTILITY EASEMENT FCD Project: White Tanks 4 FCD Parcel No: WT4-31B APN: 502-62-924 ptn. FCD Permit Nos.: 2020P318 This Utility Easement is entered into by and between the following parties as of the last date executed below. GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona GRANTEE: CIRCLE ROAD CAPITAL LLC, an Arizona limited liability company, and/or its successors and assigns In accordance with GRANTOR’S Board of Director’s Resolution 2018R013, for and in consideration of the sum of Six Hundred DOLLARS and 00/100 ($600.00), and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE a non-exclusive Utility easement (“Easement”) in, upon, over, under, across, through and along the premises described in the attached Exhibit “A” (“Easement Property”) for the purpose of constructing, operating, repairing and maintaining a Sanitary Sewer, appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit Nos. 2020P318 (“FCD Permits”). Said Easement is SUBJECT TO all governmental restrictions which include, but are not limited to, environmental, archaeological, and cultural 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. Page 1 of 8 This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to have unrestricted access to the Easement Property for the purpose of operation and maintenance of the flood control project. GRANTOR shall endeavor to use its best efforts to operate and maintain the flood control project in a manner which will not unreasonably interfere with the GRANTEBP’S rights granted by this Easement. GRANTEE assumes all risk of damage to its Facility resulting from the property functioning as a flood control project. In the event the Facility and/or personal property belonging to the GRANTEE interferes with GRANTOR’S use of the Easement Property or the land within the Easement Property is needed to construct, maintain, or relocate any portion of GRANTOR’S flood control project and/or structure, GRANTEE shall, at GRANTOR’S request and GRANTEE’S sole expense, eliminate the interference within (30) days of notice from the GRANTOR. Actual construction to remove or relocate such conflicting Facility, and/or personal property, or portion(s) thereof, shall begin within (30) days following GRANTOR’S issuance of a right-of-way use permit for such removal/relocation. Upon mutual agreement, the time frame for the start and completion of said work may be extended based on the requirements of The Project. If GRANTEE’S relocation effort delays construction of a GRANTOR project, and causes GRANTOR to be liable for delay damages, GRANTEE shall reimburse GRANTOR for those damages attributable to the delay created by GRANTEE within thirty (30) days after GRANTEPBP’S receipt of the GRANTOR’S invoice for said delay. The GRANTEE shall also, at its sole cost and expense, maintain the Easement Property, and GRANTEE’s Facility located within the Easement Property, in a state of good repair and in a safe condition, including without limitation the removal of trash and debris from the Easement Property. 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 Easement Property, or that may extend over the Easement Property, so as to protect the same from interfering with the maintenance and operation of GRANTEE’S Facility. After the installation of GRANTEE’S Facility in accordance with said FCD Permits, any modification whatsoever to the Easement Property, the Facility, or any appurtenance of Page 2 of 8 FCD Project: White Tanks 4 APN: 502-62-924 ptn. FCD Parcel No.: WT4-31B FCD Permit No.: 2020P318 GRANTEE located therein, that is not in compliance with said FCD Permits, 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. To the extent permitted by law GRANTEE agrees to indemnify GRANTOR for any and all damages and costs, 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 GRANTEE’S rights pursuant to the terms of this Easement, excepting therefrom any such injury, damage or costs caused by or arising solely from the gross negligence, or actions that are purposeful or undertaken without regard to the consequences, by the GRANTOR, it officers, employees, agents or contractors. In the event GRANTEE fails to install the Facility within the Easement Property, or in the event GRANTEE removes the Facility, or in the event the Facility ceases to function, 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. The rights and privileges granted in this Easement are solely for the benefit of GRANTEE to use the Easement Property for the purpose stated herein, and do not include the right to permit and/or grant any other use of the Easement Property to another party. This Easement shall run with the land and is binding on all parties. Page 3 of 8 FCD Project: White Tanks 4 APN: 502-62-924 ptn. FCD Parcel No.: WT4-31B FCD Permit No.: 2020P318 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: DocuSigned by: Midvasl Cultow 1/28/2022 61D71DC47EBB48C... Michael A. Fulton Date Director REAL ESTATE DEPARTMENT APPROVAL: ‘DocuSigned:by: Ales Swath, 1/28/2022 Alex Smith, Director Date Real Estate Department APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. January 24, 2022 District General Counsel Date Page 4 of 8 FCD Project: White Tanks 4 APN: 502-62-924 ptn. FCD Parcel No.: WT4-31B FCD Permit No.: 2020P318 APPROVED: 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 ) COUNTY OF MARICOPA ) Before me,, , Notary Public in and for said County, State of to the forgoing instrument as Chairman of the Board of the Political Subdivision in the foregoing: instrument. j Given under my hand and seal of the office this __day of. , 20 Notary Public (signature) Page 5 of 8 FCD Project: White Tanks 4 APN: 502-62-924 ptn. FCD Parcel No.: WT4-31B FCD Permit No.: 2020P318 GRANTEE ACCEPTANCE AND APPROVAL: CIRCLE ROAD CAPITAL LLC, an Arizona limited liability company and/or its successors and assigns David L. Bruner, Manager STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) i was acknowledged before me this 2 & Ping of 4 , 20 2A, by David L. Bruner, Manager of Circle Road Capital LLC, an Arizona limited liability company and/or its successors and assigns. My Commission Expires /o/t 7/ay Awan hw Notary Public (signature) > CELENA TIE i Notary Public - Arizona CS Maricopa County S Commission # 591478 My Comm. Expires Oct 17, 2024 Page 6 of 8 FCD Project: White Tanks 4 APN: 502-62-924 ptn. FCD Parcel No.: WT4-31B FCD Permit No.: 2020P318 Exhibit “A” Attached to Non-exclusive Utility Easement Wood, Patel & Associates, Inc. October 28, 2021 602.335.8500 WP# 164455.23 www.woodpatel.com Page 1 of 2 See Exhibit “A” LEGAL DESCRIPTION Jackrabbit Trail and Indian School Road Sewer Easement A parcel of land lying within the northeast quarter of Section 29, Township 2 North, Range 2 West, of the Gila and Salt River Meridian, Maricopa County, Arizona, secondarily described as follows: COMMENCING at the northeast corner of said Section 29, a 3-inch Maricopa County Department of Transportation (MCDOT) brass cap in handhole, from which the east quarter corner of said section, a 3-inch MCDOT brass cap in handhole, bears South 00°03'04" East (basis of bearing), a distance of 2639.08 feet; THENCE along the east line of said section, South 00°03'04" East, a distance of 624.49 feet: THENCE leaving said east line, South 89°57'00" West, a distance of 65.00 feet, to the west right- of-way line of 195" Avenue, the east line of that certain parcel of land recorded in Document 1994-0519749 Maricopa County Records (MCR) and the POINT OF BEGINNING: THENCE along said west right-of-way line and said east line, South 00°03'04" East, a distance of 18.00 feet; THENCE leaving said west right-of-way line and said east line, North 89°59'46" West, a distance of 129.00 feet, to the west line of said certain parcel of land; THENCE along said west line, North 00°03'04" West, a distance of 18.00 feet; THENCE leaving said west line, South 89°59'46" East, a distance of 129.00 feet, to the POINT OF BEGINNING. Containing 2,322 square feet or 0.0533 acres, more or less. This parcel description is based on client provided information and is located within an area surveyed by Wood, Patel & Associates, Inc. during the month of August, 2019. Any Mmonumentation noted in this parcel description is within acceptable tolerance (as defined in Arizona Boundary Survey Minimum Standards dated 02/14/2002) of said positions based on said survey. ‘¥:ViP\Parcel Desorptons\20 16\ 164455. 23 Jackrabolt Trak & Indian Sohco’ Road Sewer Easement L03 10-2@-21.coce Page 7 of 8 FCD Project: White Tanks 4 APN: 502-62-924 ptn. FCD Parcel No.: WT4-31B FCD Permit No.: 2020P318 Exhibit “A” continued Attached to Non-exclusive Utility Easement NORTHEAST CORNER OF — LINE TABLE SECTION 29,T2N,R2W | 3" MCDOT BCH \ LINE | BEARING | DISTANCE Ppoc i ti | soousore | iaay | W- INDIAN SCHOOL ROAD | aa L2 | Ng9°59'46"W 129,00' | i | L3_ | Noo°0s04'w | — 18.00" ~~ | L4 | seo°sg4e'E | 129.00" | | ! =| | = | § p | 8 — ros | 2B oo 4 — —. Pod SBO°S700'W 6500 BE wo Sor Ball B92 | | aa. | FLOOD CONTROL DISTRICT | | & OF MARICOPA COUNTY EX 65’ RW | APN 502-62-001J r - _ | | DOC NO 1994-0519749, MCR | ‘ : | | — EAST 1/4 CORNER OF — SECTION 29, T2N,R2W \ 3" MCDOT BCH nc ain ~~ EXHIBIT "A" 2 Ae JACKRABBIT TRAIL & INDIAN SCHOOL ROAD bier HS) SEWER EASEMENT Be, 2 10/28/2021 WP# 164455,23 PAGE 2 OF 2 NOT TO SCALE N:\2016\164455\Survey\Legal\4455-L08,dwg Page 8 of 8 FCD Project: White Tanks 4 APN: 502-62-924 ptn. FCD Parcel No.: WT4-31B FCD Permit No.: 2020P318