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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 03 Outlet Channel FCD Parcel No.: FA032-01 and FA032-02 APN: 502-28-563A and 502-77-748A ptns. FCD Permit Nos.: 2017P112 and 2017P114 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: DMB/GRACE HOLDINGS 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 Seven Hundred Thirty-Two DOLLARS and 24/100 ($732.24), 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 Signage and Electrical, appurtenances thereto (collectively, the “Facility”), in " accordance with FCD Right-of-Way Use Permit Nos. 2017P112 and 2017P114 (“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 9 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 GRANTEP’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 GRANTEP’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 9 FCD Project: White Tanks 03 Outlet Channel APN: 502-28-563A and 502-77-748A ptns. FCD Parcel No.: FA032-01 and FA032-02 FCD Permit No.: 2017P112 and 207P114 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 9 FCD Project: White Tanks 03 Outlet Channel APN: 502-28-563A and 502-77-748A ptns. FCD Parcel No.: FA032-01 and FA032-02 FCD Permit No.: 2017P112 and 207P114 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: NZ Decem 27,202/ Mtchael A. Fulton Date Director REAL ESTATE DEPARTMENT APPROVAL: SIGNED IN COUNTERPART Alex Smith Date Director of Real Estate Real Estate Department APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. oiGNED IN COUNTERPART District General Counsel Date Page 4 of 9 FCD Project: White Tanks 03 Outlet Channel APN: 502-28-563A and 502-77-748A ptns. FCD Parcel No.: FA032-01 and FA032-02 FCD Permit No.: 2017P112 and 207P114 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: . SIGNED IN COUNTERPART Michael A. Fulton Date Director Pluss GATE DEPARTMENT APPROVAL: flex Swit 12/8/2021 42800! G. Alex Smith Date Director of Real Estate Real Estate Department APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. ft District General Counsel Date: December 8, 2021 Page 4 of 9 FCD Project: White Tanks 03 Outlet Channel APN: 502-28-563A and 502-77-748A ptns. FCD Parcel No.: FA032-01 and FA032-02 FCD Permit No.: 2017P112 and 2017P114 APPROVED: BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Date Printed Name: Chairman of the Board ATTEST: Clerk of the Board Date STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) Before me. Arizona, on this day personally appeared Notary Public in and for said County, State of , 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. FCD Project: White Tanks 03 Outlet Channel FCD Parcel No.: FA032-01 and FA032-02 »202__. Notary Public (signature) APN: 502-28-563A and 502-77-748A ptns. FCD Permit No.: 2017P112 and 207P114 GRANTEE ACCEPTANCE AND APPROVAL: DBM/GRACE HOLDINGS LLC, an Arizona limited liability company and/or its successors and assigns By: Grace Jackrabbit, L.L.C., an Arizona limited liability company, its sole Manager By: Grace Investment Company, an Arizona corporation, its sole Manager By: By yan Howard T. Grace, President STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) & The foregoing instrument was acknowledged before me this UG day of re sea , 20 oH | by Howard T. Grace, the President of DBM/Grace Holdings LLC, an Arizona limited liability company and/or its successors and assigns. My Commission Expires if [ z0/ 23 Per thee a buhon Notary Public (signature) MARTHA A. CAHOON Public - State of Arizona MARICOPA COUNTY Commission # 674225 Expires November 20, 2023 Page 6 of 9 FCD Project: White Tanks 03 Outlet Channel APN: 502-28-563A and 502-77-748A ptns. FCD Parcel No.: FA032-01 and FA032-02 FCD Permit No.: 2017P112 and 207P114 Exhibit “A” Attached to Non-exclusive Utility Easement VILLAGE GROVE AT VERRADO October 13, 2016 SIGN AND ELECTRIC EASEMENT Job No, 14-039 Page 1 of 1 AN EASEMENT SITUATED IN THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP IN A HAND HOLE AT THE SOUTHEAST CORNER OF SAID SECTION 20, FROM WHICH A FOUND BRASS CAP FLUSH AT THE SOUTH QUARTER CORNER OF ae SECTION 20 BEARS SOUTH 89 DEGREES 56 MINUTES 28 SECONDS WEST, 4 DISTANCE OF 2649.96 FEET; THENCE SOUTH 8&9 DEGREES 56 MINUTES 28 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SECTION 20, A DISTANCE OF 279.00 FEET, THENCE NORTH 00 DEGREES 10 MINUTES 17 SECONDS EAST, LEAVING SAID SOUTH SECTION LINE, A DISTANCE OF 604.17 FEET TO THE POINT OF BEGINNING OF THE EASMENT HEREIN DESCRIBED, THENCE CONTINUING NORTH 00 DEGREES 10 MINUTES 17 SECONDS EAST ALONG SAID LINE, A DISTANCE OF 4.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 30.74 FEET; THENCE NORTH 8 DEGREES 14 MINUTES 30 SECONDS EAST, A DISTANCE OF 162.22 FEET, THENCE NORTH 64 DEGREES 23 MINUTES 22 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 35 DEGREES 36 MINUTES 38 SECONDS EAST, A DISTANCE OF 8.00 FEET, THENCE SOUTH 84 DEGREES 23 MINUTES 22 SECONDS WEST, A DISTANCE OF 18,00 FEET; THENCE NORTH 35 DEGREES 36 MINUTES 38 SECONDS WEST, A DISTANCE OF 7.02 FEET; THENCE SOUTH 85 DEGREES 14 MINUTES 30 SECONDS WEST, A DISTANCE OF 157.77 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 30.88 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED, SAID EASEMENT CONTAINS 904 SQUARE FEET OR 0.021 AGRES, MORE OR LESS. Page 7 of 9 FCD Project: White Tanks 03 Outlet Channel APN: 502-28-563A and 502-77-748A ptns. FCD Parcel No.: FA032-01 and FA032-02 FCD Permit No.: 2017P112 and 207P114 Exhibit “A” continued Attached to Non-exclusive Utility Easement FCD Project: White Tanks 03 Outlet Channel FCD Parcel No.: FA032-01 and FA032-02 NTS $62Be RIGHT OF WAY — “roy, PER BOOK 1270 yy 10 Ss Fake, Oy oO 28 RIGHT OF WAY yaw, 2 PER BOOK 1270 Bg PAGE 9 ; 19 ke “8 E = oe ox VILLAGE GROVE =] g PROPOSED % PARCEL'A3 a en) ort Go tats 66' RIGHT OF WAY PER BOOK 1270 PAGE 9 FLOOD CONTROL ! DISTRICT OF ” 76! RIGHT OF WAY MARICOPA PER BOOK 1270 ci] COUNTY PAGE 9 oa VILLAGE VILLAGE GROVE GROVE PROPOSED | PROPOSED eh,| PARCEL'A2’ | PARCEL'At § a g _ | & _ : ae’ . — SS Coa a BASIS OF BEARING @ jb, $89°56'28"W 2649.96" | INDIAN SCHOOL ROAD RIGHT OF WAY RIGHT OF WAY PER BOOK 1270 —! ~ PER BOOK 1270 PAGE 8 PAGE @ S| I | G VILLAGE GROVE AT VERRADO . SIGN & ELECTRIC EASEMENT SURVEY INNOVATION JOB #14—039 |DWG:SIGN&ELEC #6 DATE: 10/13/16 GROUP, INC SCALE: NTS [ORAWN: JAS [CHK: RMH (SHEET: 1 OF 2 Page 8 of 9 APN: 502-28-563A and 502-77-748A ptns. FCD Permit No.: 2017P112 and 207P114 Exhibit “A” continued Attached to Non-exclusive Utility Easement Line Table LINE DIRECTION LENGTH ut | gaes6’28"w | 279.00 12 | novor7'e | 604.17 i3 | Notoi7"e | 4.00 L4 | neooo'oo"e | 30.74 LS | Ne614'30"E | 162.22 Le | Nsa2s'22"E | 12.00 L7 | saese'se’e | 8.0 is | s5423'22"w | 18.00 Lg NSS36"38W 7,92 uo | seenaezorw | 157.77 ii | nowao'oo"w | 30.88 SEGNERI \e iehslie/ ase Bn ONA Uy “ress 33 S| | G VILLAGE GROVE AT VERRADO SIGN & ELECTRIC EASEMENT #6 SURVEY INNOVATION WOB #14-039 |DWG:SIGNKELEC #6. DATE: 10/13/16 GROUP, INC SCALE: NTS |DRAWN:; JAS [cHk: RMH SHEET: 2 OF 2 Page 9 of 9 FCD Project: White Tanks 03 Outlet Channel APN: 502-28-563A and 502-77-748A ptns. FCD Parcel No.: FA032-01 and FA032-02 FCD Permit No.: 2017P112 and 207P114