B1. HV SUNRISE EASEMENT (FCD PERMIT #2021P162).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 UTILITY EASEMENT

FCD Project: Saddleback FRS
FCD Parcel No.: T-1181C
Adjacent to APN: 506-31-007F
FCD Permit No.: 2021P162

This non-exclusive utility easement is entered into by and between the following parties as of the
last date executed below and shall become effective upon recordation in the Maricopa County
Recorder’s Office.

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona

GRANTEE: HV SUNRISE, LLC, a Delaware limited liability company, and/or its
successors and assigns

In accordance with GRANTOR’S Board of Directors Resolution 2018R013, for and in
consideration of the sum of One Hundred Fifty-Four Thousand Eight Hundred Ninety-Six
and 00/100 Dollars ($154,896.00), 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 overhead and underground electric transmission
distribution and communication lines, and appurtenances thereto, together with the right of ingress
and egress within the Easement Property (collectively, the “Facility”), in accordance with FCD

Right-of-Way Use Permit No. 2021P162 (“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

Page 1 of 10

FCD Project: Saddleback FRS Adjacent to APN: 506-31-007F
FCD Parcel No.: T-1181C FCD Permit No.: 2021P162

record, or not of record, that could be disclosed by a visual inspection or accurate survey of the
real property.

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 known as the Saddleback FRS (“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 property functioning as a flood control project.
GRANTEE shall not allow any third party access to or use of the Easement Property or Facility
without GRANTOR’S prior written consent; provided GRANTEE may permit any of
GRANTEE’S employees, contractors, subcontractors, consultants or agents to use the Easement
Property or Facility in accordance with the terms and conditions of this Easement without

GRANTOR’S prior written consent.

In the event the Facility, use of the Easement Property, and/or personal property belonging
to the GRANTEE interferes or conflicts 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 the
GRANTOR’S Project due to the immediate needs of the GRANTOR, GRANTEE shall, at
GRANTOR’S request and GRANTEE’S sole expense, eliminate the interference or conflict,
including relocating portions of the Facility if needed. If relocation of the Facility is required by
GRANTOR, other than due to the immediate needs of the GRANTOR, such relocation shall be
subject to the following: () GRANTOR having given GRANTEE not less than 24 months’
written notice to relocate or remove the Facility; (ii) GRANTOR and GRANTEE having met in
good faith as may be requested by either party to avoid any such conflict, removal or relocation;
and (iii) the GRANTOR having, prior to giving GRANTEE written notice to remove or relocate
the Facility, exhausted all other feasible routes or alternatives with respect to the GRANTOR’S
Project. 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,

Page 2 of 10

FCD Project: Saddleback FRS Adjacent to APN: 506-31-007F
FCD Parcel No.: T-1181C FCD Permit No.: 2021P162

the time frame for the start and completion of said work may be extended based on the
requirements of the GRANTOR’S Project. If GRANTEE’S relocation effort delays
construction of the GRANTOR’S Project, and causes GRANTOR to be liable for delay damages,
GRANTEE shall reimburse GRANTOR for those damages within thirty (30) days after
GRANTEE’S receipt of the GRANTOR’S notice of damages due for said delay. Nothing
contained herein shall prevent the GRANTOR from taking any and all necessary action in the
event of Emergency. "Emergency" means an event that poses an immediate threat to life or
property, caused by any natural or man-made disaster, including, but not limited to, storms, floods,

destruction of flood control project infrastructure, fire, accidents, or explosions.

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
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 GRANTEB’S rights
pursuant to the terms of this Easement, excepting therefrom any such injury, claims, damage or

costs caused by or arising from the gross negligence, or actions that are purposeful or undertaken

Page 3 of 10

FCD Project: Saddleback FRS Adjacent to APN: 506-31-007F
FCD Parcel No.: T-1181C FCD Permit No.: 2021P162

without regard to the consequences, by the GRANTOR, its 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, by
USS. certified mail or other proof of delivery, 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 notice to GRANTOR that the Easement has not 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.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

Page 4 of 10

FCD Project: Saddleback FRS Adjacent to APN: 506-31-007F
FCD Parcel No.: T-1181C FCD Permit No.: 2021P162

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

‘DocuSigned by:
Midvarl Fulton 11/30/2022
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:
11/30/2022
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.

DocuSigned by:
(a Pek 11/30/2022
District General Counsel Date
APPROVED:
Page 5 of 10
FCD Project: Saddleback FRS Adjacent to APN: 506-31-007F

FCD Parcel No.: T-1181C FCD Permit No.: 2021P162

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY

Date
Printed Name:
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 person whose name is subscribed to the forgoing instrument as Chairman of the Board of

the Political Subdivision in the foregoing instrument.

Given under my hand and seal of the office this day of. »202__.

Notary Public (signature)

Page 6 of 10

FCD Project: Saddleback FRS Adjacent to APN: 506-31-007F
FCD Parcel No.: T-1181C FCD Permit No.: 2021P162

GRANTEE ACCEPTANCE AND APPROVAL:

HV SUNRISE, LLC, a Delaware limited liability company and/or its successors and assigns

fe fn. Calvin

Ryan Galeria

Authorized Person

Its:
STATE OF Arizona )

) ss
COUNTY OF Maricopa )

The foregoing instrument was acknowledged before me this _29th_ _ day of November >
20.22, by Ryan Galeria its PULHORI Zed sRetson of HV Sunrise, LLC, a

Delaware 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.

Notary Public (signature)

My Commission Expires: 11/04/2024

KEVIN SPICER
Notary Public
State of Arizona
Maricopa County
Commission #591447
My Comm. Expires Nov. 4, 2024

Page 7 of 10

FCD Project: Saddleback FRS Adjacent to APN: 506-31-007F
FCD Parcel No.: T-1181C FCD Permit No.: 2021P162

EXHIBIT A
Easement Property
Project #21-8252

March 22, 2022

LEGAL DESCRIPTION
200 FOOT POWER LINE EASEMENT

(FLOOD CONTROL DISTRICT MARICOPA COUNTY}

A partion of Section 35, Township 2 North, Range 8 West of the Gila and Salt River Meridian,
Maricopa County, Arizona, more particularly described as falloves:

Commencing at a 2-inch Aluminum Cap stamped R,L.S. #36563 Dated 2005 marking the North
quarter corner of said Section 35, from which a General Land Office Brass Cap Dated 1914,
marking the Northeast corner of said Section 35 bears South 89 Degrees 26 Minutes 24 Seconds
East, a distance of 2639.45 feet, and from which a 1/2-Inch Rebar with Red Plastic Cap stamped
R.L.S. #33307 marking the Center quarter corner of said Section 35 bears South 00 Degreas 36
Minutes 38 Seconds West, a distance of 2639.39 feet. Thence South 89 Degrees 26 Minutes 23
Seconds East along the North boundary of the Northeast quarter of sald Section 35, a distance
of 1319.45 feet to a 1/2-inch Rebar with Red Plastic Cap stamped R.L.S, #33307, Thence South
00 Degrees 35 Minutes 53 Seconds West leaving the North boundary of the Northeast quarter
of said Section 35, a distance of 260.00 feet to the POINT OF BEGINNING;

Thence continuing South 00 Degrees 35 Minutes 53 Seconds West, a distance of 70.06 feet;
Thence North 89 Degrees 26 Minutes 02 Scconds West, a distance of 329,88 feet;
Thence South 00 Degrees 36 Minutes 04 Secands West, a distance of 79.98 feet;

Thence North 89 Degrees 26 Minutes 23 Seconds West parallel to the North boundary of the
Northeast quarter of said Section 35, a distance of 49.74 feet;

Thence South 61 Degrees 39 Minutes 02 Seconds West, a distance of 4092.22 feet;

Thence North 00 Degrees 35 Minutes 30 Seconds East along the West boundary of the
Northwest quarter of sald Section 35, a distance of 228.54 feet;

Thence North 61 Degrees 39 Minutes 02 Seconds East leaving the West boundary of the
Northwest quarter of said Section 35, a distance of 3929.76 feet;

Thence South 89 Degrees 26 Minutes 23 Seconds East parallel to the North boundary of the
Northeast quarter of said Section 35, a distance of 521.82 feet to the POINT OF BEGINNING,

Comprising an area of 19.362 Acres; 843,429 Square Feet, more or less.

JEREMY RL
DALMACIG.

20468 6. CORN ST. * FLORENCE, AZ 85132 * (480)221-1368 + {F] 1(888)765-7965 PAGE 3 OF 3

aUuRveTInG

Page 8 of 10

Adjacent to APN: 506-31-007F

FCD Project: Saddleback FRS
FCD Permit No.: 2021P162

FCD Parcel No.: T-1181C

EXHIBIT A
Easement Property

"EXHIBIT OF EASEMENT SURVEY

A PORTION OF OF SECTION 35, TOWNSHIP 2 NORTH, RANGE 8 WEST OF

THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA
NE, COR SEC 35 NA SEC 35 1/2" REBAR ..
GLO, BRASS Cap?" ALUMINUM CAP RED PLASTIC CAP NE, COR SEC 35
DATED 1934 RLS. #6563 RLS. $3330? GLO. BRASS CaP
DATED 2005 (BASIS OF BEARING) DATED 1914
--= - B 1320.00"
m~_S00'SS'5 3"
EASEMENT —-260,00 -__
160’ EASEMENT oe $00°35'53"W

NS PER FEB NO: 2003-0496 107
FLOOD CONTROL :
DISTRICT OF .
MARICOPA COUNTY
89°26'23"W
49,74"

2639.59"
SOO'36'3a"W

200 POWER LINE
EASEMENT

19.362 ACRES :
843,429% SO. FT.
: STATE LAND TRUST

Wed SEC 33
2" ALUMINUM CAP
RLS. H36563

DATED 2005
\ csc 35 2640.06"
Ne

~ RED PLASTIC CAP

—~

Eft SEC 35
GLO. BRASS CAP
DATED [94

RUS. #23307 —__—_
LEGEND
= Found monument
Point of Beginning
Calculated point
Section line
= Easement line

SCALE I" = Say hs
Proposed Easement Area

FCD Project: Saddleback FRS
FCD Parcel No.: T-1181C

D2 SURVEYING —
24468 N. Corn St. 200 FOOT POWER LINE EASEMENT
Florence, AZ 891432 {FLOOD CONTROL DISTRICT MARICOPA COUNTY)
2 (486)221-1368 TONOPAN, ARIZONA

SURVETINR D2SURVEYING.COM Date 2222 JOB 221-252 Sheet J of 3

Page 9 of 10

Adjacent to APN: 506-31-007F
FCD Permit No.: 2021P162

EXHIBIT A
Easement Property

NS FLOOD CONTROL

NJ. COR SEC 35 Oo
G.L.O. BRASS CAP DISTRICT OF
DATED 1944 MARICOPA COUNTY

2000" POWER LINE
EASEMENT
39.362 ACRES

BLM, LAND
843,4294 SQ. FT.

CH4 SEC 35

3" ALUMINUM CAP
_ RLS, #33307
ten 249,26" DATED 2013

“ sasiza’ 36° a
ira 2642. 93° 2640.5 53
. Wid SEC 35
CHSECH 4 2” ALUMINUM CAP
3" BRASS CAP i" B RLS. #36563
RLS. 033307 = DATED 2005
DATED 2013 i °

4
SOO'35'30"W 2640.08"

ay
.

LEGEND GEND

SAW, COR SEC 335 Found monument
MCED. = Caleulated point
3.5" BRASS CAP Section line
INHAND HOLE = Easement line
Propased Easement Area

SCALE |* = S00"

D2 SURVEYING . .
24468 N. Corn St. 200 FOOT POWER LINE EASEMENT
{FLOOD CONTROL. DISTRICT MARICOPA COUNTY)

Harence, AZ 83132 ‘
(480)222-1368 TONOPAH, ARIZONA

D2SURVEYING.COM Paste #2222 a __—_ JOY 834-252 Sheet 2 of

Page 10 of 10

FCD Project: Saddleback FRS Adjacent to APN: 506-31-007F
FCD Parcel No.: T-1181C FCD Permit No.: 2021P162