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When recorded, return to: Flood Control District of Maricopa County 2801 West Durango Street Phoenix, AZ 85009 (CM) Page 1 of 9 202.01.12_TW-22F_OG-DE EXEMPT ARS § 11-1134, A2 FCD 1999R016 NON-EXCLUSIVE DRAINAGE EASEMENT FCD Project: Trilby Wash/McMicken Dam FCD Parcel No(s).: TW-22F and TW-21F APN(s): 503-75-006 and 503-75-062 ptn. FCD Permit No.: FRU2400084 (2021P156) This Non-Exclusive Drainage Easement is entered into by and between the following parties GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona GRANTEE: FORESTAR (USA) REAL ESTATE GROUP, INC, a Delaware corporation and/or its successors and assigns In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October 24, 2018, for the sum of Six Hundred DOLLARS and no/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 drainage easement in, upon, over, under, across, through and along a portion of the premises set forth in instrument numbers 19920022116, recorded January 14, 1992; and 19890475019, recorded October 13, 1989 in the official records of Maricopa County (“Burdened Property”). The granted easement, described on the attached Exhibit “A” (“Easement”), is for the purpose of constructing, operating, repairing, and maintaining slope and a wall on Flood Control District (FCD) property, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. FRU2400084 (2021P156) (“FCD Permit”). 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. Page 2 of 9 202.01.12_TW-22F_OG-DE This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to have unrestricted access to and use of the Easement for the purpose of operation and maintenance of the flood control project known as the Trilby Wash/McMicken Dam (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 Facility resulting from the Burdened Property functioning as a flood control project. In the event any use or activity conducted pursuant to the rights granted in this easement by the GRANTEE interferes with GRANTOR’S use of the Burdened Property or the Burdened Property is needed to construct, maintain, or relocate any portion of GRANTOR’S Project (collectively “Interference”), GRANTEE shall, at GRANTOR’S request and GRANTEE’S sole expense, eliminate the Interference upon notice from the GRANTOR. If elimination of Interference, including but not limited to the relocation of the Facility, or any part thereof, requires a right of way use permit, actual construction shall begin within thirty (30) days following GRANTOR’S issuance of a right-of-way use permit. Upon mutual agreement, the time frame for the start and completion of said work may be extended based on the requirements of GRANTOR. If GRANTEE’S effort to eliminate Interference delays construction by GRANTOR, and causes GRANTOR to be liable for 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, at its sole cost and expense, maintain the Easement, and GRANTEE’S Facility located within the Easement, in a state of good repair and in a safe condition, including without limitation the removal of trash and debris from the Easement. The rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now growing, or that may hereafter grow, within the Easement, or that may extend over the Easement, 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 installation or modification whatsoever to the Easement, the Facility, or any appurtenance of GRANTEE located therein, that is not in compliance with said FCD Permit, will require Page 3 of 9 202.01.12_TW-22F_OG-DE 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, 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. In the event GRANTEE fails to install the Facility within the Easement, 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 GRANTEE to use the Easement for the purpose stated herein, and do not include the right to permit and/or grant any other use of the Easement to another party. This Easement shall run with the land and is binding on all parties. Page 4 of 9 202.01.12_TW-22F_OG-DE RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Paul Baughman, P.E., CFM Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT Alex Smith Date Director APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. Wayne Peck Date District General Counsel 11/4/2024 11/4/2024 11/4/2024 Page 5 of 9 202.01.12_TW-22F_OG-DE APPROVED GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Chairman of the Board Date Printed Name: ATTEST Clerk of the Board Date Printed Name: 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 person whose name is subscribed to the forgoing instrument as Chairman of the Board of Directors for the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of 20 . Notary Public (signature) Page 6 of 9 202.01.12_TW-22F_OG-DE GRANTEE ACCEPTANCE AND APPROVAL: FORESTAR (USA) REAL ESTATE GROUP, INC, a Delaware corporation and/or its successors and assigns Brian D. Konderik Date Region President STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 31 day of October, 2024, by Brian D. Konderik for Forestar (USA) Real Estate Group, INC, and/or its successors and assigns. My Commission Expires Notary Public (signature) Notary Stamp Seal The notary public certifies that appropriate authorization has been issued by the Arizona Secretary of State to allow electronic notarizations or remote online notarization pursuant to A.R.S. § 41-276. This remote notarial act involved the use of communication technology. 05/31/2028 11/1/2024 Page 7 of 9 202.01.12_TW-22F_OG-DE Exhibit “A” - Easement Attached to Non-Exclusive Drainage Easement Page 8 of 9 202.01.12_TW-22F_OG-DE Exhibit “A” - continued Attached to Non-Exclusive Drainage Easement Page 9 of 9 202.01.12_TW-22F_OG-DE Exhibit “A” - continued Attached to Non-Exclusive Drainage Easement