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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 DRAINAGE EASEMENT FCD Project: East Maricopa Floodway Reach 5 FCD Parcel No.: N-2269-02 APN: 304-05-018Q ptn. FCD Permit No.: 2022P285 This Non-Exclusive Drainage Easement is entered into by and between the following parties and becomes effective as of the date of recordation with the Maricopa County Recorder. GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona GRANTEE: STONE APPLICATIONS LLC, a Delaware limited liability company, and/or its successors and assigns In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October 24, 2018, for the sum of SEVEN THOUSAND SIX HUNDRED SEVENTY DOLLARS and no/100 ($7,670.00), and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE a drainage easement in, upon, over, under, across, through and along a portion of the premises set forth in instrument number 19820207617 recorded July 02, 1982 in the official records of Maricopa County (“Burdened Property”). The granted easement, described and depicted on the attached Exhibits “A-1, A-2, B-1 and B-2” (“Easement”), is for the purpose of constructing, operating, inspecting, repairing, and maintaining surface and subsurface drainage structures, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2022P285 (“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 record, or not of record, that could be disclosed by a visual inspection or accurate survey of the real property. Page | of 12 121.01.12_N-2269-02 This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to have unrestricted access to and use of the Easement for the purpose of operation and maintenance of the flood control project known as the East Maricopa Floodway Reach 5 (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 Burdened Property functioning as a flood control project. In the event any use or activity conducted pursuant to the rights granted in this easement by the GRANTEE interferes with GRANTOR’S use of the Burdened Property or the Burdened Property is needed to construct, maintain, or relocate any portion of GRANTOR’S Project (collectively “Interference”), GRANTEE shall, at GRANTOR’S request and GRANTEE?’S sole expense, eliminate the Interference upon notice from the GRANTOR. If elimination of Interference, including but not limited to the relocation of the Facility, or any part thereof, requires a right of way use permit, actual construction shall begin within thirty (30) days following GRANTOR’S issuance of a right-of-way use permit. Upon mutual agreement, the time frame for the start and completion of said work may be extended based on the requirements of GRANTOR. If GRANTEE’S effort to eliminate Interference delays construction by GRANTOR, and causes GRANTOR to be liable for 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, at its sole cost and expense, maintain the Easement, and GRANTEE’S Facility located within the Easement, in a state of good repair and in a safe condition, including without limitation the removal of trash and debris from the Easement. The rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now growing, or that may hereafter grow, within the Easement, or that may extend over the Easement, 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, 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 Page 2 of 12 121.01.12_N-2269-02 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 shall 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, its officers, employees, agents or contractors. In the event GRANTEE fails to install the Facility within the Easement, 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 sixty (60) days of actual 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 GRANTEE to use the Easement for the purpose stated herein, and do not include the right to permit and/or grant any other use of the Easement to another party. This Easement shall run with the land and is binding on all parties. Page 3 of 12 121.01.12_N-2269-02 RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DocuSigned by: (st Vogl 10/19/2023 Scott Vogel - Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT DocuSigned by: ( AS— 10/19/2023 Alex Smith Date Director APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. DocuSigned by: Waywr Puck 10/19/2023 Wayne 1 Peck Date District General Counsel Page 4 of 12 121.01.12_N-2269-02 APPROVED GRANTOR: 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 5 of 12 121.01.12_N-2269-02 GRANTEE ACCEPTANCE AND APPROVAL: STONE APPLICATIONS LLC, a Delaware limited liability company, and/or its successors and assigns ‘DocuSigned by: By: [ey Eramur 10/19/2023 78D4E9-— Jay Kramer Its: Authorized Signatory STATE OF ARIZONA ) )ss COUNTY OF MARICOPA.) The foregoing instrument was acknowledged before me this 19th day of October 2023, by Jay Kramer the Authorized Signatory of Stone Applications LLC, a Delaware limited liability (Ane by: 2D58052C.225R465 Notary Public (signature) company, and/or its successors and assigns. 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 Page 6 of 12 121.01.12_N-2269-02 Exhibit “A-1” - Easement Attached to Non-exclusive Drainage Easement EXHIBIT "A" DESCRIPTION OF DRAINAGE EASEMENT THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 7 BEING MARKED BY A 3-INCH MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION BRASS CAP IN HANDHOLE (0.50’ DOWN) FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 7 BEING MARKED BY A 3-INCH CITY OF MESA BRASS CAP IN HANDHOLE (0.60’ DOWN) BEARS SOUTH 89 DEGREES 34 MINUTES 07 SECONDS EAST 2643.09 FEET, SAID LINE BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE NORTH 89 DEGREES 34 MINUTES 28 SECONDS WEST 561.20 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 19 MINUTES 32 SECONDS EAST 127.41 FEET ALONG THE EAST LINE OF THAT PARCEL DESCRIBED IN WARRANTY DEED, RECORDED IN DOCKET 16131 OF DEEDS, PAGE 763, RECORDS OF MARICOPA COUNTY, ARIZONA AND THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1765.83 FEET; THENCE NORTHERLY ALONG SAID EAST LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 DEGREES 15 MINUTES 21 SECONDS WITH AN ARC LENGTH OF 408.54 FEET; THENCE NORTH 12 DEGREES 55 MINUTES 49 SECONDS WEST 1290.35 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS WEST 178.52 FEET; THENCE SOUTH 00 DEGREES O00 MINUTES 13 SECONDS EAST 7.50 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS WEST 30.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS WEST 45.00 FEET; DESCRIPTION CONTINUES ON PAGE 2... PAGE 1 OF 2 2122 W. Lone Cactus Dr. Ste. 11, Phoenix, AZ 85027 623-869-0223 (office) 623-869-0726 (fax) SURVEYING SERVICES, INC. www.superlorsurveying.com ' Info@superlorsurveying.com DATE: 5/15/2023 JOB NO.: 202305005-EX2 Page 7 of 12 121.01.12_N-2269-02 Exhibit “A-1” - continued Attached to Non-exclusive Drainage Easement EXHIBIT "A" DESCRIPTION OF DRAINAGE EASEMENT CONTINUED FROM PAGE 1... THENCE NORTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 30.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 7.50 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 171.63 FEET TO THE EAST LINE OF SAID PARCEL; THENCE SOUTH 12 DEGREES 55 MINUTES 49 SECONDS EAST 30.78 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. COMPRISING 6,601 SQUARE FEET MORE OR LESS. PAGE 2 OF 2 2122 W. Lone Cactus Dr. Ste. 11, Phoenix, AZ 85027 623-869-0223 (office) 623-869-0726 (fax) SURVEYING SERVICES, INC. www.superiorsurveying.com , Info@superiorsurveying.com DATE: 5/15/2023 JOB NO.: 202305005-EX2 Page 8 of 12 121.01.12_N-2269-02 Exhibit “B-1” Attached to Non-exclusive Drainage Easement EXHIBIT "B" DEPICTION OF DRAINAGE EASEMENT , [O] Founp 3” ciTy OF MESA 30" DRAINAGE EASEMENT BRASS CAP IN HANDHOLE 6,601 SQ. FT./0.15 ACRES (DOWN 0.60°) @® _Founp 5” Maricopa couNTy DEPARTMENT OF TRANSPORTATION BRASS CAP IN HANDHOLE io (DOWN 0.50’) ~s CURVE TABLE \ POINT OF CURVE | RADIUS | __DELTA LENGTH i) 19 BEGINNING Ci__|1765.83'| 1371521" 408.54 LINE TABLE S APN LINE] _ BEARINGS LENGTH PLN. Lt |_N 8993428" W_ | 561.20" ie LS 504-089-019 12 |_N 0079°32" E__| 127.41 L3 |_N 125549" W_ | 1290.35" 14 [_S 895947" W_| 178.52" L5 |_N 000013" W | 7.50’ L6 |_s 89°59'47" W_| 30.00’ L7 [_N 000073" W_| 45.00’ APN. 504-05-0180 \c, 18 |_N 8959'47" E_| 30.00" Q L9 |_s 000073" E | 7.50" L10|_N 89°59°47" E__| 171.63 NOT TO SCALE |1i1| s 12°55'49" E | 30.78’ 2 SOUTH 1/4 CORNER, Slo SECTION 7, T-1S, R—7E == POINT OF COMMENCEMENT IQ N e\= gh —(BASIS_OF_ BEARINGS) % L1-~'s 89°34'07" E 2643.09" SOUTHEAST CORNER, SECTION 7, T-1S, R-ZE, 2122 W. Lone Cactus Dr. Ste. 11, Phoenix, AZ 85027 623-869-0223 (office) 623-869-0726 (fax) SURVEYING SERVICES, INc. | WWW.superiorsurveying.com info@superiorsurveying.com DATE: 5/15/2023 JOB NO.: 202305005-EX2 Page 9 of 12 121.01.12_N-2269-02 Exhibit “A-2” - Easement Attached to Non-exclusive Drainage Easement EXHIBIT "A" DESCRIPTION OF DRAINAGE EASEMENT THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 7 BEING MARKED BY A 3-—INCH MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION BRASS CAP IN HANDHOLE (0.50’ DOWN) FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 7 BEING MARKED BY A 3-INCH CITY OF MESA BRASS CAP IN HANDHOLE (0.60’ DOWN) BEARS SOUTH 8&9 DEGREES 34 MINUTES 07 SECONDS EAST 2643.09 FEET, SAID LINE BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE NORTH 89 DEGREES 34 MINUTES 28 SECONDS WEST 561.20 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 19 MINUTES 32 SECONDS EAST 127.41 FEET ALONG THE EAST LINE OF THAT PARCEL DESCRIBED IN WARRANTY DEED, RECORDED IN DOCKET 16131 OF DEEDS, PAGE 763, RECORDS OF MARICOPA COUNTY, ARIZONA AND THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1765.83 FEET; THENCE NORTHERLY ALONG SAID EAST LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 DEGREES 57 MINUTES 19 SECONDS WITH AN ARC LENGTH OF 60.33 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS WEST 114.25 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 7.50 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS WEST 30.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS WEST 45.00 FEET; DESCRIPTION CONTINUES ON PAGE 2... PAGE 1 OF 2 2122 W. Lone Cactus Dr. Ste. 11, Phoenix, AZ 85027 623-869-0223 (office) 623-869-0726 (fax) www.superlorsurveying.com info@superiorsurveying.com DATE: 5/15/2023 JOB NO.: 202305005-EX4 SURVEYING SERVICES, INC. Page 10 of 12 121.01.12_N-2269-02 Exhibit “A-2” - continued Attached to Non-exclusive Drainage Easement EXHIBIT "A" DESCRIPTION OF DRAINAGE EASEMENT DESCRIPTION CONTINUED FROM PAGE 1... THENCE NORTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 30.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 7.50 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 113,14 FEET TO THE EAST LINE OF SAID PARCEL AND THE BEGINNING OF A NON-—TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1769.15 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 02 DEGREES 07 MINUTES 04 SECONDS EAST, 30.02 FEET; THENCE SOUTHERLY ALONG SAID EAST LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 DEGREES 58 MINUTES 12 SECONDS AN ARC LENGTH OF 30.02 FEET TO THE POINT OF BEGINNING. COMPRISING 4,762 SQ. FEET. PAGE 2 OF 2 2122 W. Lone Cactus Dr. Ste. 11, Phoenix, AZ 85027 623-869-0223 (office) 623-869-0726 (fax) SURVEYING SERVICES, Inc. | WW-superiorsurveying.com , Info@superiorsurveying.com DATE: 5/15/2023 JOB NO.: 202305005-EX4 Page 11 of 12 121.01.12_N-2269-02 Exhibit “B-2” Attached to Non-exclusive Drainage Easement EXHIBIT "B" DEPICTION OF DRAINAGE EASEMENT ON of/15/28 J : CURVE TABLE CURVE] RADIUS | DELTA [LENGTH] CH. BEARING [CH. DISTANCE C1_|1765.83'|15727"| 60.33'|N 003911" W| 60.33" C2_|1765.83' |0°58'26"| 30.02’ |N 020708" W| 30.02" NOT TO SCALE C3_|1765.83' |1019'28"| 318.19 |N 074605" W| 317.76" C4_|1765.83 [131521 |408.54'|S 061808" E| 407.63" LINE TABLE LINE BEARINGS LENGTH [oO] FOUND 3” CITY OF MESA L1 | _ N 89'34'28” W__| 561.20’ BRASS CAP IN HANDHOLE | 12 | N 0079°32” E 127.41’ © own 000) eIcoPA L3 |S 895947" W_| 114.25" COUNTY DEPARTMENT L4 | N 000015" W | 7.50" OF TRANSPORTATION L5 S 89°59'47" W 30.00 \ BRASS CAP IN HANDHOLE | L6|_N 000013" W_| 45.00" (DOWN 0.50’) L7 |_n 895947" E_| 30.00" L8 |S 000013" E 7.50" L9 |_N 89°59'47" E_| 113.14" Q APN, PORTION OF \Q 304-05-019M A.P.N. 304~05-0180|"" 59 peanaGe EASEMENT L7 1s tof | 762 SQ. FI70.11 ACRES POINT OF © ©] “c2 BEGINNING > var , oo SEE > Q uwAW DEM — SCHON I Poe IE BIS DETAIL “A N POINT OF COMMENCEMENT 8 & NOT TO SCALE ® (BA \SIS_OF BE; ARINGS) L1-™~ § 89°34'07” E 2643.09" SOUTHEAST CORNER, _/ SECTION 7, T-1S, R-7ZE, 2122 W. Lone Cactus Dr. Ste. 11, Phoenix, AZ 85027 t LS 623-869-0223 (office) 623-869-0726 (fax) www.superiorsurveying.com / SURVEYING SERVICES, INC. info@superiorsurveying.com DATE: 5/15/2023 JOB NO.: 202305005-EX4 Page 12 of 12 121.01.12_N-2269-02