B. NON-EXCLUIVE DRAINAGE EASEMENT.PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009 (MDC)

EXEMPT ARS § 11-1134, A2
FCD 1999R016

NON-EXCLUSIVE DRAINAGE EASEMENT

FCD Project: Loop 303 Drainage Improvements
FCD Parcel No.: F00282

APN: 502-49-011A ptn

FCD Permit No.: 2020P300

This Non-Exclusive 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: W/C LAKIN 1B VII, L.L.C., a Delaware 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 ($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 (“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, inspecting, repairing and maintaining a storm
drain pipe, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-
of-Way Use Permit No. 2020P300 (“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
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
GRANTERE’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’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: Loop 303 Drainage Improvements APN: 502-49-011A

FCD Parcel No.: F00282 FCD Permit No.: 2020P300

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.

This Easement shall run with the land and is binding on all parties.

Page 3 of 7
FCD Project: Loop 303 Drainage Improvements APN: 502-49-011A
FCD Parcel No.: F00282 FCD Permit No.: 2020P300

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART
Michael A. Fulton Date Jack Sellers 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 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: Loop 303 Drainage Improvements APN: 502-49-011A

FCD Parcel No.: F00282 FCD Permit No.: 2020P300

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART
1 24/ 262|

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 , known to me to be
the 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: Loop 303 Drainage Improvements APN: 502-49-011A

FCD Parcel No.: F00282 FCD Permit No.: 2020P300

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART 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 , known to me to be
the 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)

APESLATE DEPARTMENT APPROVAL:

ae 9/27/2021

F0612BOD565D4CC... «
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: Loop 303 Drainage Improvements APN: 502-49-011A

FCD Parcel No.: F00282 FCD Permit No.: 2020P300

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART
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 , known to me to be
the 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.

fe

District General Counsel Date; September 16, 2021

Page 4 of 7
FCD Project: Loop 303 Drainage Improvements APN: 502-49-011A
FCD Parcel No.: F00282 FCD Permit No.: 2020P300

GRANTEE ACCEPTANCE AND APPROVAL:

W/C LAKIN 1B VIII, L.L.C., a Delaware limited liability company

By: W/C Lakin JV VIII, L.L.C.,
a Delaware limited liability company,
Its sole member

By: W Lakin Investors VIII, L.L.C.,
a Delaware limited liability company,
Its sole member

By: Walton Acquisition Holdings VIII, L.L.C.,
a Delaware limited liability company,
Its sole member

By: Walton Street Real Estate Fund VIII, L.P.,
a Delaware limited partnership,
Its Managing Member

By: Walton Street Managers VIII, L.P.,
a Delaware limited partnership,
Its General Partner

By: WSC Managers VIIL, Inc.,
a Delaware corporation,
Its General Partner

By: A LIE

Janes J. Holmes

ILlinots OFFICIAL SEAL
STATE OF-ARIZONA ) : HAILEY RISHO!
K )ss NOTARY PUBLIC - STATE OF ILLINOIS
COUNTY OF ) MY COMMISSION EXPIRES:12/13/22

The foregoing instrument was acknowledged before me this ZL day of Septamboe™ 5
20 Z\_, by James J. Holmes its Vice President on behalf of the corporation.

My Commission Expires 2] io]2h Jpms>
Oa Public (signature)

Page 5 of 7
FCD Project: Loop 303 Drainage Improvements APN: 502-49-011A
FCD Parcel No.: F00282 ; FCD Permit No.: 2020P300

Exhibit “A”
Attached to Non-exclusive Drainage Easement

LAKIN PARK
DRAINAGE EASEMENT
LEGAL DESCRIPTION

A portion of the Southwest Quarter of Section 25, Township 1 North, Range 2
West of the Gila and Salt River Meridian, Maricopa County, Arizona, more
particulandy described as follows:

COMMENCING at the brass cap flush accepted as the South Quarter comer of
said Section 26 from which a found rebar accepted as the Southwest corner
thereof bears North 89°44°33" West, 2.647.638 feet:

Thence North 00°18'12" East, 2212.50 feet along the east fine of the Southwest
Quarter of said Section 26,-

Thence leaving said east line, North 89°44°48" West, 103.41 feet to the POINT
OF BEGINNING;

Thence South 76°43'40" West, 20.00 feet:

Thence North 13°16'20" West, 56.91 feet to the northerly line of Buckeye Canal
as described in Book 122 of Deeds, Page 167, Maricopa County Records:

Thence North 69°34'40" East. 20.16 feet along said northerly line:

Thence leaving said northerly line, South 13°16'20" East, 59.42 feet to the
POINT OF BEGINNING.

The above described parce! contains a computed area of 1,163 sa. ft.
(0.0267 acres) more or less and being subject to any easements. restrictions,
rights-of-way of record or otherwise.

The description shown hereon is not te be used to violate any subdivision
regulation of the state, county and/or municipality or any land division restrictions.

Prepared by: HILGARTWILSON, LLC
2141 E. Highiand Avenue, Suite 250
Phoenix, AZ 85016
Project No.: 1951
Date: February 2021

Us1900.198 TOURWVEYIDOCS:LEGAL 193 1-ORAIMAGE EASEMENT_LEGAL.docx Page 1 oft
Page 6 of 7 APN: 502-49-011A
FCD Project: Loop 3030Drainage Improvements FCD Permit No.: 2020P300

FCD Parcel No.: F00282

Exhibit “A”
Attached to Non-exclusive Drainage Easement

CENTER OF 24, /
TIN, REW, ~
CALCULATE POSITION
it
\
i}
|
A
N
S$ 1/4 COR SEC 26,
pl TIN, ROW FOUN 2”
: ARASS CAP, PO.C.
—— - a -
2.9.8. — POINT OF BESINNING
POO — PSIKT OF COMMENSENENT
FROIN. LAKIN PARK
DATE: URAINAGCE EASEVENT .
SCALE: SOCIYEAR, ARIZONA, HILGARTWILSON
DRAWN BY: 3 2441 E. HIGHLAND AVE.. STE 250
ae Z EXHIBIT PHOEMIX. AZ 85016
CHECKES BY: Rud P: 602.490.0535 / F: 602.368.2436
Sony, Wb Tan, Le: wy FE RETO! ‘

FCD Project: Loop 303 Drainage Improvements

FCD Parcel No.: F00282

ROL AISAN AE EASEMENT EHNT og 2/5021 152 Ae

Page 7 of 7 APN: 502-49-011A
FCD Permit No.: 2020P300