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WHEN RECORDED RETURN TO: Maricopa County Real Estate Department 2801 W. Durango Street Phoenix, AZ 85009 EXEMPT A.RSS. § 11-1134, A.2 Resolution FCD 2018R006 WJ/SO EASEMENT FOR FLOOD CONTROL PURPOSES Parcel No.: 300-52-014 Project No.: 117.02.32 Project Name: 19" Avenue & Dobbins Road Storm Drain Project Item: F00451-DE [WJ] This Easement for Flood Control Purposes is entered into as of the last date executed below by and between the following parties and shall become effective upon recordation in the Maricopa County Recorder’s Office. ; GRANTOR: The Arizona Humane Society, an Arizona non-profit corporation GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona, its agents, contractors, successors, and assigns GRANTOR, the owner of the real property situated in Maricopa County, Arizona, which property is set forth in instrument number 2002-0302142 recorded March 26, 2002 in the official records of Maricopa County (the “Burdened Property”), does hereby grant and convey to the GRANTEE an easement (“Easement”) over, under, across and along that portion of the Burdened Property legally described and depicted in Exhibit "A" attached hereto (the “Easement Area”), for the purposes of (i) the construction, operation, maintenance and repair of two regional flood control basins and appurtenances thereto (“Facility”); (ii) the right of unrestricted ingress and egress to, from, across, and along said Easement Area; and, (iii) the right, but not the obligation, to cut back and trim such portions of trees and vegetation that obstruct or interfere with the efficient access to, and/or maintenance and operation of, the Facility. GRANTEE agrees that the use of the Easement and Easement Area shall be subject to all federal, state, and local laws or ordinances, and all existing easements, rights-of-way, encroachments, and other rights, including, without Project No. 117.02.32 Parcel No. 300-52-014 Page 1 of 5 7753.12.3649651.4 limitation, all matters of record and all ‘matters that.can be disclosed by a physical inspection and survey of the Easement (the “Existing Rights”). 1. Terms and Conditions. GRANTOR shall not construct, or permit the construction of, any permanent structures in the Easement Area, nor plant any trees or deep-rooted vegetation, within the Easement Area. Prior to. any work: related to any proposed modifications, new construction, and/or other activities by GRANTOR within the Easement Area, GRANTOR shall submit to GRANTEE for review and permitting, in accordance with GRANTEE’S Right of Way Use Permit process, to ensure the Facility’s intended use, functionality, and GRANTEE’S ability to operate and maintain its Facility, are not adversely impacted or diminished. Ifany GRANTOR use or GRANTOR-authorized use of the Easement Area causes interference with GRANTEE’S Facility, then the GRANTOR shall, at its/their sole cost and expense, eliminate such interference. 2. No Warranty. Notwithstanding anything herein to the contrary, GRANTOR makes no representations or warranties, express or implied, including representations as to the accuracy or completeness of the information shown in the Exhibit A and Exhibit B attached hereto, and GRANTEE agrees to accept and use the Easement Area in “AS IS”, “WHERE IS”, and “WITH ALL FAULTS” condition and to bear all risks associated with the Easement Area, including the Existing Rights. GRANTEE shall use the Easement Area based on GRANTEE?’S inspection and investigation of all matters pertaining thereto and not in reliance on any representation, warranty (including without limitation, warranties of title or fitness for a particular purpose), or agreement of GRANTOR. 3. Damages. The GRANTEE shall, at its sole cost and expense, maintain the flood control Facility and Easement Area in a state of good repair and in a safe condition. GRANTEE shall also use its best efforts to operate and maintain the flood control Facility in a manner which will not unreasonably interfere with the GRANTOR’S rights that remain with GRANTOR after the grant of this Easement. GRANTEE shall be liable for any damage to the Easement Area and/or any improvements therein caused by GRANTEE. GRANTEE shall repair and restore any damages to the Easement Area and/or any improvements to the Easement Area to a like or equivalent condition as existed prior to the construction of the Facility. If GRANTEE determines that it becomes necessary to relocate any improvements on or to the Easement Area, then GRANTEE shall be responsible to relocate such improvements at its sole cost and expense and GRANTEE shall obtain GRANTOR’S approval of any relocation of the improvements before such work commences. GRANTEE shall comply with all applicable laws, rules and regulations, now in force and hereafter enacted, including, without limitation, all environmental, safety and health related laws and regulations, in connection with its use of the Easement Area. 4. Termination. In the event GRANTEE fails to install the Facility or removes the Facility, or in the event the Easement ceases to be used for the flood control purposes, 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 the Easement to be no longer used for flood control purposes or has Project No. 117.02.32 Parcel No. 300-52-014 Page 2 of 5 7753.12.3649651.4. been abandoned. Upon GRANTOR providing such notice to GRANTEE, GRANTEE shall respond to GRANTOR in writing within 30 days after receipt of such notice as to whether the Easement is still being used for flood control purposes or has been abandoned. If the Easement is no longer needed by GRANTEE, GRANTOR and GRANTEE shall execute a termination of this Easement, which GRANTOR shall record in the official records of Maricopa County. Unless and until such termination is recorded, this Easement shall remain in full force and effect. 5. Insurance. GRANTEE represents and warrants that GRANTEE is self-insured up to five million dollars ($5,000,000) and maintains workers’ compensation and employer’s liability insurance as required by law. This Section will survive any termination of this Easement. 6. Indemnification. .To the fullest extent allowable by law, GRANTEE shall indemnify, defend and hold harmless GRANTOR, and its partners, members, officers, directors, shareholders, trustees, beneficiaries, affiliates, agents and employees for, from and against any and all claims, demands, suits, liabilities, costs and expenses (including, but not limited to reasonable attorneys’ fees and costs) arising out of resulting from: (i) the use, construction, maintenance, operation and repair of the Facility by GRANTEE or its guests, invitees, contractors, agents and employees (“Permittees”); and (ii) any operations or activities by GRANTEE or its Permittees which may ‘result in damage or loss to other property, real and personal, including, without limitation, under and above ground utilities and facilities, owned by GRANTOR or the holders.of the Existing Rights located within or adjacent to the Easement Area. GRANTEE’S obligations under this Section will survive any termination of this Easement for a period of one year and then terminate. 7. Lien Free. GRANTEE shall at all times keep and maintain the Easement Area free and clear of any and all liens, claims, demands, obligations, liabilities and causes of action arising out of or in any manner relating to any work, including the construction, maintenance, operation and repair of the Facility, for or on behalf of GRANTEE or arising out of the use of the Easement Area by GRANTEE and its Permittees. If any demand, claim, lien or cause of action is filed, asserted or made on, against or with respect to the Easement Area as a result of any of such work or use, GRANTEE shall cause such lien, demand, claim or cause of action to be dismissed, released, and discharged therefrom no later than ten (10) days thereafter or commence proceedings to dismiss, release and discharge within ten (10) days and diligently pursue such proceedings until completed. 8. Miscellaneous. This Easement shall run with the land and shall be binding upon the parties. This Easement may only be amended by a document recorded in the office of Maricopa County Recorder, executed by the parties to this Easement. This Easement shall be construed, governed and enforced in accordance with the laws of the State of Arizona. This Easement may be executed in one or more counterparts, each of which in the aggregate shall constitute one and the same instrument. SIGNATURE PAGES FOLLOW Project No. 117.02.32 Parcel No. 300-52-014 Page 3 of 5 7753.12.3649651.4 Dated this 3th day of November 20 3 GRANTOR: The Arizona Humane Society, an Arizona non-profit corporation ‘DocuSigned:by: By; |. Stowe fansen, TASCBACE.... Name: Steven R. Hansen, DVM Its: Chief Executive Officer STATE OF ARIZONA ) )§ COUNTY OF MARICOPA. ) The foregoing instrument was acknowledged before me this 13th day of November » 2023, by Steven R. Hansen, DVM, the Chief Executive Officer of The Arizona Humane Society, an Arizona non-profit corporation, on behalf of the corporation. DocuSigned by: My Commission Expires 08/21/2027 Wayne donee Notary Public: WAYNE JONES JR Notary Public State of Arizona Maricopa County Commission #656474 My Comm. Expires Aug. 21, 2027 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. Project No. 117.02.32 Parcel No. 300-52-014 Page 4 of 5 7753.12.3649651.4 RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 11/20/2023 APPROVED AND ACCEPTED: BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Suatt Vogl Scott Vogel” Chief Engineer & General Manager Date Chairman of the Board ATTEST: DocuSigned by: a 11/17/2023 Alex Smith Date Director, Real Estate Department Clerk of the Board Date: Approved as to form and within the powers and authority granted to the Board of Directors. DocuSigned by: Puck 11/14/2023 General Counsel Date Project No. 117.02.32 7753.12.3649651.4 Parcel No. 300-52-014 Page 5 of 5 EXHIBIT “A” [attached] EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT OVER A PART OF APN 300-52-014 A PARCEL OF LAND SITUATED IN A PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 7, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 7, BEARS NORTH 89 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 2618.42 FEET; THENCE UPON. AND WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, NORTH 89 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 456.07 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 45 MINUTES 12 SECONDS EAST, A DISTANCE OF 45.00 FEET, TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF DOBBINS ROAD, AND THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT OF WAY, SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 41.60 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 54 SECONDS EAST, A DISTANCE OF 88.13 FEET; THENCE NORTH 00 DEGREES 46 MINUTES 27 SECONDS EAST, A DISTANCE OF 41:54 FEET, TO A POINT ON THE AFORESAID SOUTH RIGHT OF WAY LINE; THENCE UPON AND WITH SAID RIGHT OF WAY LINE, NORTH 89 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE-OF 88.69 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 3,675 SQUARE FEET OR 0.084 ACRES OF LAND, MORE OR LESS. APR 2023 DIBBLE PROJECT NO APN 300—52-014 PAGE 1 1021056.01 FND MCDOT FND CITY OF PHOENIX BRASS CAP FLUSH NORTH 1/4 CORNER SECTION 7, T1S R3E ALUMINUM CAP FLUSH NORTHWEST CORNER SECTION 7, T1S. R3E POINT OF COMMENCEMENT DOBBINS ROAD A, N89°14’48"W 2618.42’ BASIS OF BEARINGS POINT OF 456.07’ . : aa] BEGINNING io ma Sy uy L5 _ vt 2 3| D = = a o| = a ao => NC} Lod <x =|= 3 APN 300-52-014 a < CAMPUS FOR COMPASSION xr Q| x BK 558, PG 44, MCR 5B ro) _ S| @ I 7 LINE DATA TABLE LINE | BEARING DISTANCE N L1 | soo45’12’w | 45.00’ WEST 1/4 CORNER SPINDLE L2 | soo°00’00"E | 41.60” SECTION 7, T1S R3E L3. | se9'16’54"E | 88.13" > ” , NTS L4 | NOO'46’27"E | 41.54 PARCEL AREA: L5 | N89'14’48"W | 88.69" 3,675 SF OR THIS IS NOT A PROPERTY BOUNDARY SURVEY. 0.084 ACRES EXHIBIT ”A” DIBBLE a FILE:V:\PROJECTS\2021\1021056 19th Ave — Dobbins\CAD\EXHIBITS\21056.—DRNG_EASE1.dwg DATE:Apr, 26 2023 TIME: 11:34 am Dibble Project No 1021056.01 DRAINAGE EASEMENT OVER APN 300-—52-014 A PART OF NW % SECTION 7, TIS, R3E, GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA DATE: APR 2023 DRN: JLB CHK: AML/JPG PAGE 2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT 2 OVER A PART OF APN 300-52-014 A PARCEL OF LAND SITUATED IN A PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 7, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 7, BEARS NORTH 89 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 2618.42 FEET; THENCE UPON AND WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, NORTH 89 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 141.97 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 45 MINUTES 12 SECONDS WEST, A DISTANCE OF 45.00 FEET, TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF DOBBINS ROAD, AND THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT OF WAY, SOUTH 00 DEGREES 42 MINUTES 04 SECONDS WEST, A DISTANCE OF 41.58 FEET; THENCE SOUTH 61 DEGREES 03 MINUTES 25 SECONDS EAST, A DISTANCE OF 28.85 FEET; THENCE SOUTH 24 DEGREES 46 MINUTES 51 SECONDS EAST, A DISTANCE OF 44.44 FEET; THENCE SOUTH 00 DEGREES 33 MINUTES 47.SECONDS WEST, A DISTANCE OF 104.77 FEET; THENCE NORTH 90 DEGREES 00 MINUTES.00 SECONDS EAST,.A DISTANCE OF 71.13 FEET, TO A POINT ON THE WEST RIGHT OF WAY LINE OF 15TH AVENUE; _ THENCE UPON AND WITH SAID RIGHT OF WAY, NORTH 00 DEGREES 13 MINUTES 02 SECONDS WEST, A DISTANCE OF 178.32 FEET; THENCE CONTINUING UPON AND WITH SAID RIGHT OF WAY NORTH 44 DEGREES 43 MINUTES 55 SECONDS WEST, A DISTANCE OF 29.74 FEET, TO A POINT ON THE AFORESAID SOUTHERN RIGHT OF WAY OF DOBBINS ROAD; THENCE UPON AND WITH SAID RIGHT OF WAY LINE, NORTH 89 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 91.87 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 16,369 SQUARE FEET OR 0.375 ACRES OF LAND, MORE OR LESS. : APR 2023 DIBBLE PROJECT NO APN 300-52-014 PAGE 1 1021056.01 FND MCDOT ALUMINUM CAP FLUSH NORTHWEST CORNER | SECTION 7, TiS R3E DOBBINS ROAD FND CITY OF PHOENIX BRASS CAP FLUSH NORTH 1/4 CORNER SECTION 7, T1S R3E POINT OF COMMENCEMENT BASIS OF BEARINGS LINE DATA TABLE N89" 4'48"W 2618.42 LINE | BEARING DISTANCE iwl= —l 141.97’ tu ~ Sa sj L9 > _ L1 | $00°45712”w | 45.00 is] D = = & in L2 | $00°42’04"W | 41.58" ©| & POINT OF S Zz N w BEGINNING L3 | S61°03’25"E | 28.85” 2| = LF cL yaa ; NI — L4 | $24°46’51"E | 44.44 N| x GS fo) ° > — L5 | S00°33’47"W | 104.77’ oO] = 5S 9 o L6 | N90°00’00"E | 71.13’ N APN 300-52-014 ~ | L7 | NO0'13'02’W | 178.32’ CAMPUS FOR COMPASSION BK 558, PG 44, MCR L8 | N44°43'55’W | 29.74’ 30° L9 | N89°14748’w | 91.87’ FND COTTON PICKER SPINDLE WEST 1/4 CORNER , | R /W ‘SECTION 7, T1S R3E 30 | / NTS PARCEL AREA: R/W Wh 16,369 SF OR THIS IS NOT A PROPERTY BOUNDARY SURVEY. 0.576 ACRES EXHIBIT ”A” DIBBLE ea FILE:V:\PROJECTS\2021\1021056 19th Ave — Dobbins\CAD\EXHIBITS\21056.—DRNG_EASE2.dwg DATE:Apr, 26 2023 TIME: 11:17 am Dibble Project No 1021056.01 DRAINAGE EASEMENT .2 OVER APN 300—52—-014 A PART OF NW % SECTION 7, T1S, R3E, GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA DATE: ARR .2023 DRN: JLB CHK: AML/JPG PAGE 2