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When recorded, return to: Flood Control District of Maricopa County 2801 West Durango Street Phoenix, AZ 85009 (MH) EXEMPT ARS § 11-1134, A2 FCD 1999R016 NON-EXCLUSIVE DRAINAGE EASEMENT FCD Project: Rittenhouse Road Drain FCD Parcel Nos.: RR-05 and RR-06-02 Portion of APNs: 304-61-020M and 304-61- 015G FCD Permit No.: 2022P193 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: POWER INDUSTRIAL OWNER 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 TWO THOUSAND ONE HUNDRED EIGHTY DOLLARS and no/100 ($2,180.00), 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 20041220729 recorded October 19, 2004 and instrument number 20210138820 recorded February 08, 2021 in the official records of Maricopa County (“Burdened Property”). The granted easement, described on the attached Exhibit “A” (“Easement”), is for the purpose of constructing, operating, inspecting, repairing, and maintaining Storm Drain, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2022P193 (“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 12 4800112_RR05_OG-DE 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 and use of the Easement for the purpose of operation and maintenance of the flood control project known as the Rittenhouse Road Drain (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. Page 2 of 12 4800112_RR05_OG-DE 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 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 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 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. This Easement may be executed in one or more counterparts, each of which in the aggregate shall constitute one and the same instrument. Page 3 of 12 4800112_RR05_OG-DE RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DocuSigned by: Sut Vo 10/12/2023 Scott Vogel — Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT ‘DocuSigned by: & = 10/12/2023 F061 2R0D565N4CC. 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: i) Puck 10/12/2023 Wayne Peck ~ Date District General Counsel Page 4 of 12 4800112_RR05_OG-DE 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 4800112_RR05_OG-DE GRANTEE ACCEPTANCE AND APPROVAL: POWER INDUSTRIAL OWNER LLC, a Delaware limited liability company By: Power Industrial LLC, a Delaware limited liability company, its Sole Member By: TR Power Industrial LLC, a Delaware limited liability company, its Member By: Principal Real Estate Investors, LLC, a Delaware limited liability company, its Manager ‘DocuSigned by: et an ay: | ie 10/12/2023 Name: Kevin Andeéregg Title: Asset Manager ‘DocuSigned by: By: Amy M. Welder 19/12/2023 Name: Amy Welcher Title: Development Manager By: Power Industrial Partners, LLC, an Arizona limited liability company, its Managing Member By: Newport Commercial Partners, LLC, an Arizona limited liability company, its co-manager ‘DocuSigned by: By. out Shaues 10/12/2023 . 2B4OF- Name: Brett Shaves Title: Managing Member and President By: Manncor Realty Advisors, LLC, an Arizona limited liability company, its co-manager By: Name: Armin Martens Title: Manager Page 6 of 12 4800112_RR05_OG-DE GRANTEE ACCEPTANCE AND APPROVAL: POWER INDUSTRIAL OWNER LLC, a Delaware limited liability company By: Power Industrial LLC, a Delaware limited liability company, its Sole Member By: TR Power Industrial LLC, a Delaware limited liability company, its Member By: Principal Real Estate Investors, LLC, a Delaware limited liability company, its Manager By: Name: Kevin Anderegg Title: Asset Manager By: Name: Amy Welcher Title: Development Manager By: Power Industrial Partners, LLC, an Arizona limited liability company, its Managing Member By: Newport Commercial Partners, LLC, an Arizona limited liability company, its co-manager By: Name: Brett Shaves Title: Managing Member and President By: Manncor Realty Advisors, LLC, an Arizona limited liability company, its co-manager Name: Armin Martens Title: Manager Page 6 of 12 4800112_RR05_OG-DE STATE OF ARIZONA ) )ss COUNTY OF MARICOPA) The foregoing instrument was acknowledged before me this 12th day of October 2023, by Kevin Anderegg, Asset Manager of Principal Real Estate Investors LLC, acting as manager for TR Power Industrial LLC, acting as member for Power Industrial LLC, acting as sole member of Power Industrial Owner LLC, a Delaware limited liability company, and/or its successors and assigns, who executed the foregoing instrument for the purposes therein contained. 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 Page 7 of 12 4800112_RR05_OG-DE STATE OF ARIZONA ) )ss COUNTY OF MARICOPA) The foregoing instrument was acknowledged before me this 12th day of October 2023, by Amy Welcher, Sr. Development Manager of Principal Real Estate Investors LLC, acting as manager for TR Power Industrial LLC, acting as member for Power Industrial LLC, acting as sole member of Power Industrial Owner LLC, a Delaware limited liability company, and/or its successors and assigns, who executed the foregoing instrument for the purposes therein contained. ‘DocuSigned by: (ect 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 Page 8 of 12 4800112_RR05_OG-DE STATE OF ARIZONA ) )ss COUNTY OF MARICOPA) The foregoing instrument was acknowledged before me this 12th day of October 2023, by Brett Shaves, Managing Member and President of Newport Commercial Partners, LLC, acting as Co- manager for Power Industrial Partners, LLC, acting as Managing Member for Power Industrial LLC, acting as sole member for Power Industrial Owner LLC, and/or its successors and assigns, who executed the foregoing instrument for the purposes therein contained. 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 Page 9 of 12 4800112_RR05_OG-DE Province. Manbob ox ) )ss Country ( Q nade ) The foregoing instrument was acknowledged before me this 12th day of October 2023, by Armin Martens, Manager of Manncor Realty Advisors, LLC, acting as Co-manager for Power Industrial Partners, LLC, acting as Managing Member for Power Industrial LLC, acting as sole member for Power Industrial Owner LLC and/or its successors and assigns, who executed the foregoing instrument for the purposes of therein contained. Notary Stamp Seal Page 10 of 12 : Notary Public (signature) 4800112_RR0S_OG-DE Exhibit “A” - Easement Attached to Non-exclusive Drainage Easement EXHIBIT DESCRIPTION OF STORM DRAIN EASEMENT OVER A PORTION OF A.P.N. 304—61-—022R A PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 2 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 STONE IN POTHOLE (1.00’ BELOW PAVEMENT) MARKING THE NORTH QUARTER CORNER OF SAID SECTION 6 FROM WHICH A BRASS CAP IN POTHOLE (3.00’ BELOW PAVEMENT) MARKING THE NORTHWEST CORNER OF SAID SECTION 6 BEARS NORTH 89 DEGREES 34 MINUTES 03 SECONDS WEST 2510.73 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE NORTH 89 DEGREES 34 MINUTES 03 SECONDS WEST 1799.63 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, THENCE SOUTH 00 DEGREES 25 MINUTES 57 SECONDS WEST 1483.40 FEET TO THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PECOS ROAD AND THE EAST LINE OF THAT PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN 2021—0138820, RECORDS OF MARICOPA COUNTY, ARIZONA; THENCE SOUTH 01 DEGREE 16 MINUTES 30 SECONDS EAST 10.21 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREE 16 MINUTES 30 SECONDS EAST 20.03 FEET ALONG SAID EAST LINE; THENCE SOUTH 85 DEGREES 26 MINUTES 36 SECONDS WEST 20.03 FEET TO THE WEST LINE OF SAID PARCEL; THENCE NORTH 01 DEGREE 16 MINUTES 30 SECONDS WEST 20.03 FEET ALONG SAID WEST LINE; THENCE NORTH 85 DEGREES 26 MINUTES 36 SECONDS EAST 20.03 FEET TO THE POINT OF BEGINNING. COMPRISING 401 SQUARE FEET MORE OR LESS. PAGE 1 OF 2 SUPERIOR SURVEYING SERVICES, INC, 2122 W. Lone Cactus Dr. Ste. 11, Phoenix, AZ 85027 623-869-0223 (office) 623-869-0726 (fax) www.superlorsurveying.com Info@superlorsurveying.com DATE: 9/15/23 JOB NO.: 202205062 Page 11 of 12 4800112_RR05_OG-DE Exhibit “A” - continued Attached to Non-exclusive Drainage Easement EXHIBIT DEPICTION OF STORM DRAIN EASEMENT OVER A PORTION OF A.P.N. 304—61—022R N 8973403" W (BASIS OF BEARINGS) —_2510,73° — —— ? — a 711.10 1799.63' NORTHWEST CORNER i NORTH 1/4 CORNER SECTION 6, T—2S, R-7E al SECTION 6, T—2S, R-7E FOUND BRASS CAP IN POTHOLE | FOUND STONE IN POTHOLE (3.00" BELOW PAVEMENT) EY (1.00’ BELOW PAVEMENT) | | OAD — _ 3, PEGOS FOr - —_— 21 in : | in | Slee Lo) 20’ STORM DRAIN | —— POINT OF CALE % BEGINNING NOT To Si A.P.N. 304-61-020M AP.N. 304-61-015V A.P.N, 304-61-022R LINE TABL LINE] BEARING DISTANCE. 11 |S 0176°30" E | 10.27" L2|_S 011630" FE | 20.03" L3 |S 852636" Wl 20.03" | 14 [N 011630" Wl 20.03" L5 | N 852636" E| 20.03" 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: 9/15/23 JOB NO.: 202205062 Page 12 of 12 4800112_RR05_OG-DE