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When recorded, return to: Flood Control District of Maricopa County 2801 West Durango Street Phoenix, AZ 85009 (MH) EXEMPT ARS § 11-1134, A2 FCD 1999R016 UTILITY EASEMENT FCD Project: Arizona Canal Diversion Channel Reach 4 FCD Parcel No.: T-514-2 APN: 164-42-013E ptn. FCD Permit No.: 2020P242 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: CITY OF PHOENIX, a municipal corporation of the State of Arizona, and/or its successors and assigns In accordance with GRANTOR’S Board of Director’s Resolutions 88-5 and 2018R013, for and in consideration of good and 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 waterline, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2020P242 (“FCD Permit”). 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 7 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 GRANTEB’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 thirty (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 thirty (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 flood control 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 0) days after GRANTEE’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 Permit, any modification whatsoever to the Easement Property, the Facility, or any appurtenance of Page 2 of 7 FCD Project: Arizona Canal Diversion Channel Reach 4 APN: 164-42-013E FCD Parcel No.: T-514-2 FCD Permit No.: 2020P242 GRANTEE located therein, 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. 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 and Access Area 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 7 FCD Project: Arizona Canal Diversion Channel Reach 4 APN: 164-42-013E ptn. FCD Parcel No.: T-514-2 FCD Permit No.: 2020P242 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: SIGNED IN COUNTERPART Michael A. Fulton Date Date °-:: Director Chairman of the Board ie ATTEST: Clerk of the Board STATE OF ARIZONA ) )ss COUNTY OF MARICOPA) Before me, , Notary Public in and for said County, State of Arizona, on this day personally appeared , known to me to be the Chairman of the Board of the Board of Directors of the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of 20 Notary Public (signature) 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. SIGNED IN COUNTERPART District General Counsel Date Page 4 of 7 FCD Project: Arizona Canal Diversion Channel Reach 4 APN: 164-42-013E ptn. FCD Parcel No.: T-514-2 FCD Permit No.: 2020P242 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: Yi Nainbye23, 202( SIGNED IN COUNTERPART Michael A. Fulton Date Jack Sellers Date Director Chairman of the Board ATTEST: SIGNED IN COUNTERPART 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 Jack Sellers, known to me to be the Chairman of the Board of the Board of Directors of the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of »20__ SIGNED IN COUNTERPART Notary Public (signature) 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. SIGNED IN COUNTERPART District General Counsel Date Page 4 of 7 FCD Project: Arizona Canal Diversion Channel Reach 4 APN: 164-42-013E ptn. FCD Parcel No.: T-514-2 FCD Permit No.: 2020P242 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: SIGNED IN COUNTERPART SIGNED IN COUNTERPART Michael A. Fulton Date Date Director Chairman of the Board ATTEST: SIGNED IN COUNTERPART 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 , known to me to be the Chairman of the Board of the Board of Directors of the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of 3201 = SIGNED IN COUNTERPART Notary Public (signature) a 11/23/2021 opsesD4 e= ATE DEPARTMENT APPROVAL: 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. District General Counsel Date: November 2, 2021 Page 4 of 7 FCD Project: Arizona Canal Diversion Channel Reach 4 APN: 164-42-013E ptn. FCD Parcel No.: T-514-2 FCD Permit No.: 2020P242 GRANTEE ACCEPTANCE AND APPROVAL: CITY OF PHOENIX, a municipal corporation and/or its successors and assigns Jeff Barton, a ee By: - Z Tigy A/Mayes Title: WatérServices Director STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this | © day of _1 OVemYov— , 2021, by Troy A. Hayes, Water Services Director of the City of Phoenix, a municipal corporation and/or its successors and assigns. My Commission Expires OD” 2%, 2025 Nofary Public (signature) 608808 MY COMMISSION EXPI JUNE 20, 2025 RES Page 5 of 7 FCD Project: Arizona Canal Diversion Channel Reach 4 APN: 164-42-013E ptn. FCD Parcel No.: T-514-2 FCD Permit No.: 2020P242 Exhibit “A” - Easement Property Attached to Non-exclusive Utility Easement Wood, Patel & Associates, Inc. Revised Apnil 2, 2021 602.335.8500 Revised February 26, 2021 www.woodpatel.com Revised October 29, 2020 October 26, 2020 WP#194968.81 "EXHIBIT A" Page 1 of 2 PARCEL DESCRIPTION Scenario 3A Water Easement The north 10 feet of that certain parcel of land recorded in Document 1991-0338582, Maricopa County Records (MCR), lying within the southeast quarter of Section 10, Township 2 North, Range 3 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the east quarter corner of said Section 10, a 3-inch Maricopa County (MC) brass cap flush, stamped T2N R3E 1/4 S10 S11 2004 RLS 21782, from which the southeast comer of said section, a 3-inch City of Phoenix (COP} brass cap in handhole, bears South 00°01'46" East (basis of bearing), a distance of 2642.94 feet; THENCE along the east-west mid-section line of said section, South 69°38'27" West, a distance of 1323.84 feet, to the northeast corner of the northwest quarter of said southeast quarter; THENCE leaving said east-west mid-section line, along the east line of said northwest quarter of the southeast quarter, South 00°06°50° West, a distance of 978.38 feet, to the northeast corner of said certain parcel of land, and the POINT OF BEGINNING; THENCE along the east line of said certain parcel of land, continuing South 00°06'50" West, a distance of 10.00 feet; THENCE leaving said east line, North 89°34'37" West, a distance of 60.00 feet, to the west line of said certain parcel of land; THENCE along the west line of said certain parcel of land, North 00°06"50" East, a distance of 10.00 feet, to the northwest corner of said certain parcel of land; THENCE leaving said west line, along the north line of said certain parcel of land, South 89°34'37" East, a distance of 60.00 feet, to the POINT OF BEGINNING. Containing 600 square feet or 0.0138 acres, more or less. Subject to existing right-of-ways and easements. This parcel description was prepared without the benefit of survey fieldwork and is based on client provided information. Any monumentation noted in this parcel description is based on said information. =— YAAP Parcel Desorptions 20 1811 94568.81 Scenario 2A Water Easement LODADS D4-2-2 1. done Page 6 of 7 FCD Project: Arizona Canal Diversion Channel Reach 4 APN: 164-42-013E ptn. FCD Parcel No.: T-514-2 FCD Permit No.: 2020P242 Exhibit “A” - continued Attached to Non-exclusive Utility Easement p 1323.84" CENTER OF SEC.10,T2N,R3E CITY OF PHOENIX DOG. 2001-0091103, MCR APN: 1864-42-14) SA9°38'27"W NE CORNER OF | NW 14 OF SE 14 | GF SEC. 10, T2N, R3E ig POs iP zh ° 2.2 2 “= FCDNSG APN: 164-424019E 1 BOC. 1951-0338582, MCR 978.38 S00°OS'S0"W 120,02" ar EAST LINE OF NW 1/4 OF SE 1/4 NTS. WOOD PATEL - SE CORNER OF NW 1/4 OF SE 116 OF SEC. 10, TZN, R3E BRIAN J. a. DEK 264767 MARYLAND AVENUE (ALIGNMENT) c 1323.64" Zz = 1M CORNER =| SEC. 10, T2N, R3E S 3° MC BCF STAMPED _ 8 T2N RIE 14 S10 $11 2006 RLS 21782 eo 5 POC 25 o rz < wu = we m SE ie LINE TABLE a fe FI ae =o E UNE | BEARING | DISTANCE Bz a onmeRne : Se 5 Li | soctos’sow | 10.00 25 a pao a“ La | Nag34'37'w | 60.60" ~ EE tu ao Mm L3 | NOO*OB'SC"E | 10.00" Foe Se L4 | $agead'37"E 60.00" aa SE CORNER OF SEC. 10, T2N, RAE 3° COP BCH | —_____4 BETHANY HOME ROAD SCENARIO 34 WATER EASEMENT REVISED 4/2/2021 WP# 19496881 PAGE 2 OF 2 NOT TO SCALE 252019\194968\Survey!Legal4968-LO2R03.dag Page 7 of 7 FCD Project: Arizona Canal Diversion Channel Reach 4 FCD Parcel No.: T-514-2 APN: 164-42-013E ptn. FCD Permit No.: 2020P242