B. NON-EXCLUSIVE UTILITY 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 UTILITY EASEMENT

FCD Project: East Maricopa Floodway Reach 4
FCD Parcel No.: M-2167-1 ptn.

APN: 304-49-008V ptn.

FCD Permit No.: 2020P280

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: CABANA ON POWER, LLC, an Arizona limited liability company,
and/or its successors and assigns

In accordance with GRANTOR’S Board of Director Resolution 2018R013, for and in
consideration of the sum of One Thousand Four Hundred Fifty DOLLARS ($1,450.00), and other
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
GRANTOR does hereby grant and convey to GRANTEE a non-exclusive 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 an underground waterline, and appurtenances thereto (collectively, the
“Facility”), in accordance with FCD Right-of-Way Use Permit No. 2020P280 (“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
GRANTEBE’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: East Maricopa Floodway Reach 4 APN: 304-49-008V ptn.
FCD Parcel No.: M-2167-1 ptn. FCD Permit No.: 2020P280

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 7
APN: 304-49-008V ptn.

FCD Project: East Maricopa Floodway Reach 4 FCD Permit No.: 2020P280

FCD Parcel No.: M-2167-1 ptn.

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
SIGNED IN COUNTERPART
Michael A. Fulton Date Jack Sellers
Director Chairman of the Board
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 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
APN: 304-49-008V ptn.

FCD Project: East Maricopa Floodway Reach 4 FCD Permit No.: 2020P280

FCD Parcel No.: M-2167-1 ptn.

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:

SIGNED IN COUNTERPART

N Avpust 18,262 |
Midhael 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

. A APN: 304-49-008V ptn.
FCD Project: East Maricopa Floodway Reach 4 FCD Permit No.: 2020P280

FCD Parcel No.: M-2167-1 ptn.

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
"ART
SIGNED IN ART SIGNED IN COUNTERP,
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)

H&SDATE DEPARTMENT APPROVAL:
Alege Smith 8/16/2021

F0842BOD585DACC.

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: East Maricopa Floodway Reach 4 CD Pee We aeons

FCD Parcel No.: M-2167-1 ptn.

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:
r SIGNED IN COUNTERPART
Michiel ~ RY ton Date Jack Sellers Date
Director Chairman of the Board
ATTEST:

Clerk i fits Bod 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.

fA

District General Counsel Date: August 6, 2021

Page 4 of 7

: . APN: 304-49-008V ptn.
FCD Project: East Maricopa Floodway Reach 4 FCD Permit No.: 2020P280

FCD Parcel No.: M-2167-1 ptn.

GRANTEE ACCEPTANCE AND APPROVAL:

CABANA ON POWER, LLC, an Arizona limited liability company, and/or its successors and
assigns

Patricia Watts, Manager

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this ie day of hues tT,
20_Z\, by Robert Lyles and Patricia Watts its Managers of CABANA ON POWER, LLC, an

Arizona limited liability company, and/or its successors and assigns on behalf of the company

being duly authorized to execute the foregoing instrument for the purposes therein contained.

My Commission Expires _ 61 |za\2024 (hy pty Hhiass

Notary Public (signature)

Notary Public State of Arizona
Maricopa County

Ashley Taylor Gray
My da AE Expires 01/24/2024
Commission Number 576916

Page 5 of 7
APN: 304-49-008V ptn.

FCD Project: East Maricopa Floodway Reach 4 FCD Permit No.: 2020P280

FCD Parcel No.: M-2167-1 ptn.

Exhibit “A”
Attached to Non-exclusive Utility Easement

Waterline Easement

A portion of Parcel M-2167-1 as described in Docket 14242, Page 1258, Maricopa County Records (MCR),
being a portion of the northeast quarter of Section 36, Township 1 South, Range 6 East, of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, more particularly described as follows:

Commencing at the northeast corncr of said Section 36, a brass cap in handhole, from which the north quarter
corner of said Section, a brass cap in handhole, bears South 89 degrees 12 seconds 11 minutes West, a distance
of 2624.24 feet;

Thence along the east line of the northeast quarter of said Section, South 00 degrees 40 minutes 01 seconds
East, a distance of 538.72 feet, to the southerly line of Parcel M-2167-1;

Thence leaving said east line, along said southerly line, South 59 degrees 10 minutes 17 seconds West, a
distance of 22.64 feet, to the Point of Beginning;

Thence continuing, South 59 degrees 10 minutes 17 seconds West, a distance of 23.15 feet;

Thence leaving said southerly line, North 00 degrees 36 minutes 04 seconds West, a distance of 113.91 feet;
Thence North 89 degrees 43 minutes 24 seconds East, a distance of 20.00 feet;

Thence South 00 degrees 36 minutes 04 seconds East, a distance of 102.14 feet, to the Point of Beginning;

Containing 2,161 Square Feet or 0.05 Acres more or less.

|
| LAND
J) SURVEYINGu

- Lend Surveying, LLC
PO Box 2170

Chandler, AZ 85244
(480) 244-7630

Page | of 2

Page 6 of 7 APN: 304-49-008V ptn.
FCD Project: East Maricopa Floodway Reach 4 FCD Permit No.: 2020P280
FCD Parcel No.: M-2167-1 ptn.

Exhibit “A” continued

Attached to Non-exclusive Utility Easement

BCHH

NE CORNER
NM CORNER SECTION 36
SECTION T1S, R6E

BCHH
WILLIAMS FIELD ROAD POINT OF COMMENCEMENT

! | | ae [SORVEYINGuc

no. Box 2170, CHANDLER, AZ 85244

S 89°12'11" W 2624.24’
‘wo
re)
ma
gt
a) 8
ROOSEVELT WATER rg 4
CONSERVATION DISTRICT : g
CANAL 56
PARCEL M-2167-1 fons
o
Oo
WATERLINE r
EASEMENT 4 n
oan)
LINE [BEARING DISTANCE | AD
ui S 00°40°01” E [538.72
L2 S$ 5910717" W |22.64' NK
are : POINT OF
L3 S$ 5910177 W_}23.15 ; BEGINNING
4 N_00°36'04" W [113.91
ts N_89°43'24" E [20.00°
L6 S$ 00°36'04" £ 1102.14’
E 1/44 CORNER—~’
SECTION 36
T1S, R6E
CALCULATED
POSITION

(480) 244-7630 (480) 243-4287
DRAWN By: | CHECWED BY:IpATE: 11/02/20 JOB NO.: 20-013 sHeer no. 2 OF 2

Page 7 of 7
FCD Project: East Maricopa Floodway Reach 4
FCD Parcel No.: M-2167-1 ptn.

APN: 304-49-008V ptn.
FCD Permit No.: 2020P280