C1. 201.01.12._F00456_IG-ACC.PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDH)

EXEMPT ARS § 11-1134, A2

NON-EXCLUSIVE MAINTENANCE ACCESS EASEMENT

FCD Project: White Tanks FRS No. 4
FCD Parcel No.: F00456

APN: 502-35-013B

FCD Permit No.: 2022P320 and 2023P161

This Non-Exclusive Maintenance Access Easement ("Easement") 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: ROOSEVELT STREET CO, LP, a Delaware limited partnership

GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political

subdivision of the State of Arizona, its agents, contractors, licensees, successors, and assigns.

GRANTOR is the owner of the real property situated in Maricopa County, Arizona, which is
legally described in Instrument 20080827059 recorded September 24, 2008, in the records of the
Maricopa County Recorder (the “Burdened Property”).

For and in consideration of the sum of Ten Dollars and no/100 ($10.00), and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does
hereby grant and convey to GRANTEE, an Easement against the Burdened Property for
maintenance access of a flood control project including surface and subsurface structures, together
with the right to install fencing and gates along the perimeter of the Easement Area, said easement
is described and depicted on Exhibit "A" attached hereto and incorporated herein ("Easement
Area") to enter and exit the Easement Area only for the purpose of fulfilling its statutory obligation

to protect people and property from the dangers of floods.

Page 1 of 8

GRANTEE agrees to maintain any facilities constructed in the Easement Area in good and safe

condition at their sole expense.

Use of the Easement Area shall be subject to all federal, state, and local laws or ordinances,

including, but not limited to, environmental, land use and floodplain regulations.

GRANTOR hereby covenants that it is granting this easement only to the extent of any interest it

may have in the property.

RESERVING, however, to GRANTOR, its successors and assigns, such rights and privileges as
may be used and enjoyed without interfering with or abridging the rights and easement hereby

granted.

GRANTEE agrees to indemnify GRANTOR for all direct damages to the property of
GRANTOR caused by or arising from the proximate result of the activities of GRANTEE, its
officers, employees, agents, or contractors (on the property) in the exercise of GRANTEE’S rights
pursuant to the terms of this Easement. GRANTEE shall also indemnify GRANTOR for all
damages or physical injury to persons or personal property on the property proximately caused by
GRANTEEB’S exercise of rights granted pursuant to this Easement. This indemnity is limited to
damage caused by GRANTEE exercising its rights of ingress and egress hereunder.

[signatures on following pages]

Page 2 of 8

201.01.12_¥00456_IG-ACC

GRANTOR:

ROOSEVELT STREET CO, LP, a Delaware limited partnership
By: ROOSEVELT STREET, Inc., a Delaware corporation
Its: General Partner

DocuSigned by:

By: PAL Yolyer 4413/2023
Todd Holzer, President

DoouSiyned by:
rite
By: Dunnis B'MiL —s1/9/2023
Dennis O’Neil, Vice President

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this 13" day of November 2023, by

Todd Holzer, as President_of Roosevelt Street, Inc., a Delaware corporation, General Partner of

the Grantor.

Notary Public (signature)

MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 202

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

Page 3 of 8

201.01.12_F00456_IG-ACC

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this 09"" day of November 2023, by

Dennis O’Neil as Vice President of Roosevelt Street, Inc., a Delaware corporation, General

Partner of Grantor.
‘DoouSigned by:
Are Retard,
Notary Public (signature)
MONA HERNANDEZ
Notary Public

State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 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

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201.01.12_F00456_IG-ACC

GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

‘DocuSigned by:
Salt Vogu, 11/20/2023

Scott Vogel Date
Chief Engineer and General Manager

REAL ESTATE DEPARTMENT APPROVAL:

‘DoouSigned by:
[ AS— 11/17/2023

Alex Smith Date
Director of Real Estate Department

APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.

‘DocuSigned by:

Wayne Puck 11/14/2023
District General Counsel Date

Page 5 of 8

201.01.12_F00456_IG-ACC

APPROVED AND ACCEPTED:

BOARD OF DIRECTORS OF THE 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 8

201.01.12_F00456_IG-ACC

Exhibit “A”
Attached to Non-exclusive Maintenance Access Easement

(~ EXHIBIT A )
LEGAL DESCRIPTION

AN ACCESS AND MAINTENANCE EASEMENT OVER ONE OF THOSE TRACTS AS CONVEYED
TO ROOSEVELT STREET CO LP BY DEED OF RECORD INSTRUMENT NUMBER
2008-0827059 MARICOPA COUNTY RECORDS (MCR) AND LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 2 WEST OF THE GILA & SALT
RIVER MERIDIAN, CITY OF BUCKEYE, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 5 (3 INCH CITY OF
BUCKEYE BRASS CAP IN HANDHOLE) FROM WHICH POINT THE SOUTHWEST CORNER
THEREOF (3 INCH CITY OF BUCKEYE ALUMINUM CAP FLUSH RLS 37174) BEARS
S017'55"W A DISTANCE OF 2643.66 FEET;

THENCE S0‘17'55"W, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE
OF 245,19 FEET;

THENCE S89°42'05"E A DISTANCE OF 130,00 FEET TO A POINT ON THE WEST LINE OF
SAID TRACT BEING THE POINT OF BEGINNING;

THENCE ACROSS SAID TRACT THE FOLLOWING THREE (3) COURSES AND DISTANCES:
1, $89°42'05"E A DISTANCE OF 12.50 FEET;

2. SO17’55"W A DISTANCE OF 294.24 FEET;

3. N89°42'05"W A DISTANCE OF 12.50 FEET TO A POINT ON SAID WEST LINE;

THENCE NO%17’55"E, ALONG THE SAID WEST LINE, A DISTANCE 294.24 FEET TO THE
POINT OF BEGINNING.

THE ABOVE DESCRIBED ACCESS AND MAINTENANCE EASEMENT CONTAINS 3,677.99 S.F.
(0.0844 ACRE) OF LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD.

THE BASIS OF BEARING FOR THE ABOVE DESCRIPTION IS SO17'55"W FOR THE WEST LINE
OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 2 WEST OF
THE GILA SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA AS SHOWN ON THE
RECORD OF SURVEY PLSS SUBDIVISION — MARICOPA COUNTY GEODETIC DENSIFICATION
AND CADASTRAL SURVEY (GDACS) RECORDED IN BOOK 638, PAGE 33 MARICOPA
COUNTY RECORDS.

Sheet 1 of 2

ACCESS AND MAINTENANCE EASEMENT - APN 502-35-013B
ROOSEVELT STREET CO LP

Preparing Firm: ARDURRA GROUP INC.

Address: 1001 N. CENTRAL AVENUE, SUITE 900 PHOENIX, AZ 85004}
Phone: 602-263-1177 Fax: 602-277-6286

Page 7 of 8

201.01.12_F00456_IG-ACC

Exhibit “A” continued

Attached to Non-exclusive Maintenance Access Easement

(—

EXHIBIT A
SKETCH

*%

POC

WEST 1/4 CORNER
SECTION 5
(3IN CITY OF

lo

Te}

+

N

Ke

BUCKEYE BRASS
CAP IN HANDHOLE
TOB PT 1010)

APN 502—35—019B
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY "|
#NOD—01583, MCR

(BASIS OF BEARING)
SO17'55"W 2643.66"
2308.47"

SOUTHWEST CORNER
SECTION sa,

(3IN- ALUMINIUM CAP

FLUSH W/LS 37174)

N

SCALE:
1”=80'
Sw 1/4
SEC 5
T.N,
R. 2 W,

ROOSEVELT STREET CO LP

ROOSEVELT STREET

vU

fo}

pI
a
N

LS
L3

APN 502—35—013B
ROOSEVELT STREET CO LP
#2008—0827059, MCR

ACCESS AND
MAINTENANCE
EASEMENT
3,677.99 S.F.
(0.0844 ACRE)

ROMINA AMA DOOD

ACCESS AND MAINTENANCE EASEMENT - APN 502-35-013B

LINE TABLE
LINE | BEARING | LENGTH
Li $89°42’05"E 130.00'
L2 $89°42'05"E 12,50
L3 $017'55"W 294.24’
L4 N89°42’05"W 12.50’
LS NO17’55°E 294.24’
Sheet 2 of 2

Phone: 602-263-1177

Preparing Firm: ARDURRA GROUP INC.
aes 1001 N. CENTRAL AVENUE, SUITE 900 PHOENIX, AZ 85004

Fax: 602-277-6286

Page 8 of 8

201.01.12_F00456_IG-ACC