B1. NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT.PDF
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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 INGRESS AND EGRESS EASEMENT
FCD Project: Salt River Channel
FCD Parcel No.: N-2600EX-AE
APN: 132-31-486 ptn.
FCD Permit No.: 2016P024
This Non-Exclusive Ingress and Egress 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: THE CITY OF TEMPE, a municipal corporation
GRANTEE: THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona, its agents, contractors,
successors, and assigns
GRANTOR is the owner of the real property situated in Maricopa County, Arizona,
depicted on that certain Subdivision Plat for Jefferson Town Lake recorded in the official records
of Maricopa County August 29, 2016 as Document Number 20160620264. 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, its agents, contractors, successors, assigns, a permanent non-exclusive
easement for ingress, egress, and access over, under, upon and across property which is legally
described on attached Exhibit “A” attached hereto and incorporated herein (“Easement Premises”).
GRANTEE agrees to indemnify GRANTOR for all direct damages to the real property,
personal property, or physical injury to persons on the property of GRANTOR, as described in
Exhibit “A”, caused by or arising willful misconduct or gross negligence as the proximate result
of the activities of GRANTEE, its officers, employees, agents or contractors in the exercise of
GRANTED’S rights pursuant to the terms of this Easement. The parties agree and acknowledge
that in no event shall GRANTEE owe or be obligated to pay any amounts which GRANTOR has
no obligation to pay or has not actually paid, whether due to inability to pay or due to having
Page 1 of 10
entered into an agreement or arrangement that provides GRANTOR has no obligation to pay
regardiess of GRANTEE’S ability to pay or due to any other reason, including but not limited to
liabilities for which a covenant not to execute has been provided to GRANTOR or any other
agreement where liabilities are created with no obligation on the part of GRANTOR to pay.
NOW THEREFORE, in consideration of the same and further consideration here within
set forth, this Easement contains all of the provisions between the parties hereto, there being no
further consideration paid than herein specified.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 2 of 10
FCD Project: Salt River Channel APN: 132-31-486 ptn.
FCD Parcel No.: N-2600EX-AE FCD Permit No.: 2016P204
LENDER CONSENT TO EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, FANNIE MAE, the corporation duly organized under the Federal National
Mortgage Association Charter Act, as amended, 12 U.S.C. §1716 et seq. and duly organized and
existing under the laws of the United States, has an interest in the herein described real property,
such interest being evidenced by that certain Assignment of Security Instrument recorded June 26,
2020 as Document No. 2020-0565740, records of Maricopa County, Arizona; and
WHEREAS, the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political
subdivision of the State of Arizona, and its successors and assigns (District), propose to be the
recipient of a grant and conveyance of a non-exclusive Access Easement (Easement) along, over,
through, and across that certain real property situated in the county of Maricopa, State of Arizona,
which is more particularly described and depicted on Exhibit “A” attached hereto and made a part
hereof.
NOW THEREFORE, the undersigned Beneficiary, the Subscriber who represents and warrants
that they are authorized to execute the Consent to Easement, does hereby consent and subordinate
to the conveyance of said Easement and agrees that any sale, conveyance, transfer, assignment or
encumbrance shall be subject to the District’s Easement situated on the herein described land.
FANNIE MAE, the corporation duly organized under the Federal National Mortgage
Association Charter Act, as amended, 12 U.S.C. §1716 et seq. and duly organized and existing
under the laws of the United States
By:
Name:
Title:
STATE OF )
COUNTY OF )
Before me, , Notary Public in and for said County and State on
this day personally appeared , known to me to be the person
whose name is subscribed to the forgoing instrument.
Given under my hand and seal of the office this day of »202__
Notary Public (signature)
Page 3 of 10
ECD Project: Salt River Channel APN: 132-31-486 ptn.
FCD Parcel No.: N-2600EX-AE FCD Permit No.: 2016P204
GRANTOR: CITY OF TEMPE, an Arizona Municipal Corporation
By:
Corey D. Woods, Mayor
ATTEST: APPROVED AS TO FORM:
Sonia Blain, City Attorney
City Clerk
STATE OF ARIZONA )
}ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of 2023,
by Corey D. Woods, Mayor of the City of Tempe, a municipal corporation for and on behalf
thereof.
My Commission Expires
Notary Public (signature)
FAIRFIELD TOWN LAKE, LLC, lessee pursuant to that
Certain Assignment of Land and Improvements Lease and Condominium Conversion
Restriction dated June 26, 2020 with Grantor as lessor, which lease
Includes the easement Premises, consents to Grantor’s granting of this Non-Exclusive
Ingress and Egress Easement and assumes all of Grantor’s Responsibilities thereunder.
FAIRFIELD TOWN LAKE, LLC, a Delaware limited liability company
By:
Name:
Title:
Page 4 of 10
FCD Project: Salt River Channel APN: 132-31-486 ptn.
RCD Parcel No.: N-2600EX-AE FCD Permit No.: 2016P204
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DocuSigned by:
Midral Fulton 7/27/2023
4D TADCATERBA
Michael A. Fulton, Director Date
MARICOPA COUNTY
REAL ESTATE DEPARTMENT
DocuSigned by:
[ 45— 7/27/2023
F0812B0D58504C6...
Alex Smith, Director Date
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona and Maricopa County
DocuSigned by:
C We Puke 7/27/2023
codennonacen
Flood Control District Date
General Counsel
Page 5 of 10
FCD Project: Salt River Channel APN: 132-31-486 ptn.
FCD Parcel No,: N-2600EX-AE FCD Permit No.: 2016P204
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 Clint Hickman, 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. , 2023.
Notary Public (Signature)
Page 6 of 10
FCD Project: Salt River Channel APN: 132-31-486 ptn.
FCD Parcel No.: N-2600EX-AE FCD Permit No.: 2016P204
Exhibit “A” - Easement
Attached to Non-Exclusive Ingress and Egress Easement
EXHIBIT ‘A’
FLOOD CONTROL DISTRICT
ACCESS EASEMENT
JEFFERSON TOWN LAKE
TEMPE, ARIZONA
September 16, 2020
Job No. 2014-063
Page 1 of 2
AN EASEMENT LOCATED IN LOT 1 OF THE SUBDIVISION PLAT FOR "JEFFERSON TOWN LAKE" AS
RECORDED IN BOOK 1286, PAGE 18, OFFICIAL RECORDS OF MARICOPA COUNTY, RESIDING IN
THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 1 NORTH, RANGE 4 EAST, OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 14:
THENCE SOUTH 85 DEGREES 15 MINUTES 12 SECONDS WEST, ALONG THE SOUTH LINE OF SAID
LOT 4, A DISTANCE OF 28,32 FEET TO THE POINT OF A NON-TANGENT CURVE CONCAVE TO THE
NORTHWEST, WITH A CHORD BEARING OF NORTH 30 DEGREES 40 MINUTES 44 SECONDS EAST,
A CHORD DISTANCE OF 35,72 FEET;
THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 35.00
FEET, THROUGH A CENTRAL ANGLE OF 61 DEGREES 21 MINUTES 28 SECONDS, A DISTANCE OF
37.48 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 72.24 FEET TOA
POINT OF CURVE TO THE LEFT;
THENCE NORTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 10.00 FEET, THROUGH A
CENTRAL ANGLE OF 26 DEGREES 25 MINUTES 11 SECONDS, A DISTANCE OF 4.61 FEET;
THENCE NORTH 26 DEGREES 25 MINUTES 50 SECONDS WEST, A DISTANCE OF 8.32 FEET TOA
POINT OF CURVE TO THE RIGHT;
THENCE NORTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 56,00 FEET, THROUGH A
CENTRAL ANGLE OF 26 DEGREES 25 MINUTES 80 SECONDS, A DISTANCE OF 25.37 FEET,
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 152.39 FEET TOA
POINT OF CURVE TO THE LEFT;
THENCE NORTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 36.00 FEET, THROUGH A
CENTRAL ANGLE OF 20 DEGREES 20 MINUTES 57 SECONDS, A DISTANCE OF 12.43 FEET;
THENCE NORTH 20 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 35.08 FEET TOA
POINT OF CURVE TO THE RIGHT;
THENCE NORTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 55.00 FEET, THROUGH A
CENTRAL ANGLE OF 20 DEGREES 20 MINUTES 67 SECONDS, A DISTANCE OF 19.53 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 17.78 FEET TO
THE NORTH LINE OF SAID LOT 1, BEING A POINT OF A NON-TANGENT CURVE CONCAVE TO THE
NORTH, WITH A CHORD BEARING OF NORTH 88 DEGREES 11 MINUTES 33 SECONDS EAST, A
CHORD DISTANCE OF 20.01 FEET;
Survey innayation Group, ine.
CARICK Projects\P_SIG_H\20 14-063 - JEFFERSON TOWN LAKEWOCS\LEGALS14063 FCD ACCESS. doc
Page 7 of 10
FCD Project: Salt River Channel APN: 132-31-486 ptn.
FCD Parcel No.: N-2600EX-AE FCD Permit No.: 2016P204
Exhibit “A” - continued
Attached to Non-E-xclusive Ingress and Egress Easement
Page 2 of 2
THENCE ALONG SAID NORTH LINE OF LOT 1, EASTERLY ALONG SAID NON-TANGENT CURVE,
HAVING A RADIUS OF 4,940.30 FEET, THROUGH A CENTRAL ANGLE OF 00 DEGREES 13 MINUTES
55 SECONDS, A DISTANCE OF 20.01 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, DEPARTING SAID NORTH LINE OF
LOT 1, A DISTANCE OF 18.41 FEET TO A POINT OF CURVE TO THE LEFT:
THENCE SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 35.00 FEET, THROUGH A
CENTRAL ANGLE OF 20 DEGREES 20 MINUTES 57 SECONDS, A DISTANCE OF 12.43 FEET:
THENCE SOUTH 20 DEGREES 20 MINUTES 57 SECONDS EAST, A DISTANCE OF 35.08 FEET TOA
POINT OF CURVE TO THE RIGHT;
THENCE SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 55.00 FEET, THROUGH A
CENTRAL ANGLE OF 20 DEGREES 20 MINUTES 57 SECONDS, A DISTANCE OF 19.53 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 0.50 FEET WEST OF AND
PARALLEL TO THE EAST LINE OF SAID LOT 1, A DISTANCE OF 152.39 FEET TO A POINT OF CURVE
TO THE LEFT,
THENCE SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 35.00 FEET, THROUGH A
CENTRAL ANGLE OF 09 DEGREES 41 MINUTES 47 SECONDS, A DISTANCE OF 5.92 FEET TO SAID
EAST LINE OF LOT 1;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG SAID EAST LINE, A
DISTANCE OF 131.10 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 6,505 SQUARE FEET OR 0.149 ACRES, MORE OR LESS,
Survey innovation Group, inc.
CARICKIProjects\P_SIG_H\2014.063 - JEFFERSON TOWN LAKENDOCSILEGALSI14063 FED ACCESS.doc
Page 8 of 10
FCD Project: Salt River Channel APN: 132-31-486 ptn.
FCD Parcel No.: N-2600EX-AE FCD Permit No.: 2016P204
Exhibit “A” - continued
Attached to Non-Exclusive Ingress and Egress Easement
2 S PLAYA DEL NORTE DRIVE
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TEMPE TOWN LAKE
S| | IG EXHIBIT ‘A'
SURVEY INNOVATION FLOOD CONTROL DISTRICT
ACCESS
GROUP, INC
Ph (480) 922 0780 Land Surveying Services (480) 9220781 |YOB #14-063 JOWG: 14063 FCD.ACCESS {DATE 9/16/20
22425 N. 16th ST., SUITE 1, PHOENIX, ARIZONA 85024 [SCALE: NTS [DRAWN: ELS |CHK: vAS [SHEET 1 OF 2
Page 9 of 10
FCD Project: Salt River Channel APN: 132-31-486 ptn.
FCD Parcel No.: N-2600EX-AE FCD Permit No.: 2016P204
Attached to Non-Exclusive Ingress and Egress Easement
Exhibit “A” - continued
LINE TABLE
LINE: DIRECTION LENGTH
1 SB5'15'12"W | 28.32’
L2 No’o0'o0"E 72.24
L3 | N26'25'50"W | 8,32"
b4 No'oo’00"W | 152.39"
LS | N20'20'57"W | 35.08"
L6 NO’00’00"E 17.78"
L?7 $0°00'00"E 18.41°
L8 | $20°20'57"E | 35.08"
L9 SO"00'00"E | 152.39"
Lio $0°00'00"E 131,10°
CURVE TABLE
CURVE DELTA RADIUS. | LENGTH CHORD
ci 61'21'28" 35.00" 37,48’ | N30°40'44"E 35.72°
C2 26'25'11° 10.00" 4.61’ N1312'35"W 4.57’
C3 26°25'50" 55.00’ 25,37' | N13%2'55"W 25.15"
c4 20'20'57" | 35.00" 12.43’ | N10'10'29"W 12.37"
Lee) 20'20'57" | 55.00' 19.53’ | N1O'10'29"W 19.43"
C6 07355" | 4940,30' | 20.01' | N88'11'S3"E 20.01’
Cc? 20'20'57" | 35.00’ 12.43' | S1010'29"E 12.37’
c8 20°20'57” | 55.00° 19.53' | $1010°29"E 19.43"
cg 9°41'47” 35.00" 5.92’ $4'50'54"E 5.92’
S| ilG EXHIBIT 'A’
SURVEY INNOVATION FLOOD co ees DISTRICT
GROUP, INC
Ph (480) 922 o7e0 Land Surveying Services Fy (4g9) 922 o7at JOB #14~063 [DWG: 14063 FCD.ACCESS DATE 9/16/20
22425 N. 16th ST,, SUITE 1, PHOENIX, ARIZONA 85024 SCALE: NTS [DRAWN: ELS. eux: JAS SHEET 2 OF 2
FCD Project: Salt River Channel
FCD Parcel No.: N-2600EX-AE
Page 10 of 10
APN: 132-31-486 ptn.
FCD Permit No.: 2016P204