B. NON-EXCLUSIVE DRAINAGE 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 DRAINAGE EASEMENT

FCD Project: New River Channelization
FCD Parcel No.: R-028 ptn.

APN: 142-61-009Z ptn.

FCD Permit No.: 2020P177

This Non-Exclusive Drainage 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: PRESCOTT 2021, 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 Two Thousand Seven Hundred Forty DOLLARS ($2,740.00), and
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
GRANTOR does hereby grant and convey to GRANTEE a non-exclusive Drainage 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 Storm Drain, and appurtenances thereto (collectively, the “Facility”), in

accordance with FCD Right-of-Way Use Permit No. 2020P177 (“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 8

This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
use and access 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 GRANTEE’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, use of the Easement Property 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 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 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’ 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 8
FCD Project: New River Channelization APN: 142-61-009Z ptn.

FCD Parcel No.: R-028 ptn. FCD Permit No.: 2020P177

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.

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: New River Channelization APN: 142-61-009Z ptn.
FCD Parcel No.: R-028 ptn. FCD Permit No.: 2020P177

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART
Michael A. Fulton Date
Director 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 , 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 8
FCD Project: New River Channelization APN: 142-61-009Z ptn.
FCD Parcel No.: R-028 ptn. FCD Permit No.: 2020P177

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART
Ram bee "y ' Lo2/
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 ,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 8
FCD Project: New River Channelization APN: 142-61-009Z ptn.
FCD Parcel No.: R-028 ptn. FCD Permit No.: 2020P177

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 , 20
Notary Public (signature)
ALshi SLATE DEPARTMENT APPROVAL:
Ales. Smith 12/14/2021
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.

4

District General Counsel Date; November 15, 2021

Page 4 of 8
FCD Project: New River Channelization APN: 142-61-009Z ptn.
FCD Parcel No.: R-028 ptn. FCD Permit No.: 2020P177

GRANTEE ACCEPTANCE AND APPROVAL:

PRESCOTT 2021, LLC, an Arizona limited liability company, and/or its successors and
assigns

ME.

Michael Stephan, Manager, Porter Kyle Management, LLC

Its Manager
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this uf day of Nesteubor

, by Michael Stephan, Manager, Porter Kyle Management, LLC on behalf of PRESCOTT
20a LLC an Arizona limited liability company being duly authorized to execute the foregoing
instrument for the purposes therein contained.

My Commission Expires_( shah 3

v's FRANCES A, RYAN
as ON Notary Public - Arizona
s/ 13 Maricopa County
EN fg} Commission # 592684
x27 My Comm. Expires Aug 12, 2024

NUTS

Page 5 of 8

FCD Project: New River Channelization APN: 142-61-009Z ptn.
FCD Parcel No.: R-028 ptn. FCD Permit No.: 2020P177

Exhibit “A”
Attached to Non-exclusive Drainage Easement

Ge EPS

GROUP

EXHIBIT "A"
Legal Description
DRAINAGE CROSSING FCD LAND (R-028)
APN 142-61-009Z
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

Job No. 19-1161 APRIL 7, 2021

A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

COMMENCING AT A BRASS CAP IN HANDHOLE AT THE SOUTHEAST CORNER
OF SAID SECTION 32, FROM WHICH A CITY OF PEORIA BRASS CAP FLUSH
AT THE EAST QUARTER CORNER OF SAID SECTION 32 BEARS NORTH 0
DEGREES 39 MINUTES 30 SECONDS WEST AT A DISTANCE OF 2623.46
FEET;

THENCE ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF
SECTION 32 NORTH 0 DEGREES 39 MINUTES 30 SECONDS WEST, 1101.80
FEET;

THENCE SOUTH 89 DEGREES 20 MINUTES 30 SECONDS WEST, 505.00 FEET
TO A POINT ON THE WEST BOUNDARY LINE OF LOT 16 OF JOHNSONS
RIVER ADDITION, AS RECORDED IN BOOK 126 OF MAPS, PAGE 30,
RECORDS OF MARICOPA COUNTY, ARIZONA AND THE POINT OF
BEGINNING;

THENCE, DEPARTING SAID WEST LINE NORTH 89 DEGREES 53 MINUTES 05
SECONDS WEST, 90.69 FEET;

THENCE NORTH 9 DEGREES 14 MINUTES 17 SECONDS WEST, 43.61 FEET;
THENCE NORTH 73 DEGREES 58 MINUTES 56 SECONDS EAST, 52.64 FEET;
THENCE NORTH 88 DEGREES 31 MINUTES 30 SECONDS EAST, 46.43 FEET

TO A POINT ON THE WEST LINE OF LOT 15 OF SAID JOHNSONS RIVER
ADDITION;

Page 6 of 8
FCD Project: New River Channelization APN: 142-61-009Z ptn.
FCD Parcel No.: R-028 ptn. FCD Permit No.: 2020P177

Exhibit “A” continued
Attached to Non-exclusive Drainage Easement

Ge EPS

GROUP

THENCE ALONG THE WEST LINE OF SAID JOHNSONS RIVER ADDITION,
SOUTH 0 DEGREES 39 MINUTES 30 SECONDS EAST, 58.95 FEET TO THE
POINT OF BEGINNING.

CONTAINS 5,122 SQUARE FEET OR 0.1176 ACRES, MORE OR LESS.
THE DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE

SUBDIVISION REGULATIONS OF THE STATE, COUNTRY AND/OR MUNICIPALITY,
OR ANY OTHER LAND DIVISION RESTRICTIONS.

Page 7 of 8 7
FCD Project: Spookhill FRS and Outlet 6 APN: 219-17-005F ptn.

FCD Parcel No.: SH-558 ptn. FCD Permit No.: 2021P144

Exhibit “A” continued
Attached to Non-exclusive Drainage Easement

EXHIBIT "A"
EAST QUARTER CORNER
SECTION 32, T3N, RIE
woe FOUND 3” CITY OF PEORIA
Ss BRASS CAP FLUSH
ySpa8
SESs
88s
2EE 8 APH: 142-61-030
= SS8 LAKE SANDRA L |
g 8 Se DEED 1991-0125789, MCR.
2 4 |
LOT 15, JOHNSONS RIVER ADDITION
NB6'31°30"E BOOK 126 OF MAPS, PAGE 30, MCR. io
46.43 ia 8 5
iN |
wo
FA DRAINAGE CROSSING = |
a 5,122 SF. SH... NW COR. LOT 16 & tom
be 0.1176 AC. ]8 ~ sw cor LoT 15 323
i . gage
N89°53'05"W 90.69" ___,389'20'30"W 506.00, SB SZ
BSE
POINT OF BEGINNING Bas
re Ss ~Z
YSaz
S& 5 g APN: 142~61-051 ry
& . Ss MOJAVERIAN ALI =
sesz DEED 2015~0568626, MCR, =
= ses |
sis LOT 16, JOHNSONS RIVER ADDITION
qe 8 BOOK 126 OF HAPS, PAGE 30, MCR. |
POINT OF COMMENCEMENT AVENUE.
SOUTHEAST CORNER
LEGEND SECTION 32, T3N, RIE
ore FOUND BRASS CAP
io) BRASS CAP IN HAND HOLE NA HAND HOLE
) BRASS CAP FLUSH
MCR. MARICOPA COUNTY RECORDER
PUE PUBLIC UTILITY EASEMENT
APN ASSESSOR'S PARCEL NUMBER
ADJACENT LOT LINES
-—- TTT TIE LINE froanr
ee EASEMENT BOUNDARY LINE UD
—— — — —— CENTER LINES
20 0 40
SHEET 1 OF 1
scale feet www. epsgroupinc.com
all EXHIBIT A } FPS
be
7 DRAINAGE CROSSING FCD LAND (R-028) APN 142-61-009Z =m
g FLOOD CONTROL DISTRICT OF MARICOPA COUNTY GROUP

Page 8 of 8

FCD Project: Spookhill FRS and Outlet
FCD Parcel No.: SH-558 ptn.

APN: 219-17-005F ptn.
FCD Permit No.: 2021P144