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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 1999RO16 AERIAL EASEMENT FCD Project: Rittenhouse Road Drain FCD Parcel No.: RR-06 and RR-06-02 APN: 304-61-015G and 304-61-022R FCD Permit No.: 2023P106 This Aerial 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: SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, and/or its successors and assigns In accordance with GRANTOR’S Board of Directors Resolution 2018R013, for and in consideration of the sum of One Thousand Six Hundred Thirty-Four dollars and 00/100 ($1,634.00), and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE an easement (“Aerial Easement”) through, within and across a portion of the premises set forth in instrument number 19960280403, recorded April 24, 1996 and in instrument number 20010304049, recorded February 08, 2021 in the official records of Maricopa County (“Burdened Property”). The Aerial Easement is granted across the vertical air space beginning at fifteen feet (15°) above ground level within the real property described in the attached Exhibit “A” (“Easement Area”) for the purpose Page 1 of 10 of constructing, installing, accessing, reconstructing, replacing, removing, repairing, operating and maintaining: conductors, cables, wires, communication and signal lines; and other appliances, appurtenances, and fixtures (collectively, “Facilities) for the transmission and distribution of electricity, communication signals and data, and for all other purposes connected therewith at such locations and elevations in,, across, through and along the Easement Property, as GRANTEE may now or in the future deem convenient or necessary from time to time, in accordance with FCD Right-of-Way Use Permit No. 2023P106 (“FCD Permit’). The Aerial Easement includes the right of ingress egress through the Burdened Property for the purpose of exercising the rights granted hereunder. CAUTION: Facilities placed within the Aerial Easement may contain high voltage electrical equipment. Notice is given that any activity performed within the Aerial Easement shall comply with the Arizona Overhead Powerline Safety Law, A.R.S. Sections 40-360.41-45. Said Aerial 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. This Aerial Easement is, at all times, subject to and subordinate to the rights of GRANTOR to use and access the Burdened Property for the purpose of operation and maintenance of the flood control project. GRANTOR shall endeavor to use its best efforts to operate and maintain the flood control project in a manner which will not unreasonably interfere with the GRANTEE’S rights granted by this Aerial Easement. GRANTEE assumes all risk of damage to its Facilities resulting from the property functioning as a flood control project. In the event that any of GRANTEE’S non-affixed materials, vehicles, equipment, or other personalty, interferes with GRANTOR’S use of the Burdened Property, GRANTEE shall, at GRANTOR’S request, and at GRANTEE’S sole expense, eliminate the interference within thirty (30) days of notice from the GRANTOR. FCD Project: Rittenhouse Road Drain Page 2 of 10 APNs: 304-61-015G and 304-61-022R FCD Parcel Nos.: RR-06 and RR-06-02 FCD Permit No.: 2023P106 GRANTOR maintains and operates a flood control project on the Burdened Property and over which the Aerial Easement has been granted. GRANTEE shall not impede, interfere or conflict with GRANTOR’S ability to maintain, repair or replace the flood control project, including but not limited to deenergizing the Facilities upon being provided with reasonable advanced notice of such request by GRANTOR. The rights granted to GRANTEE herein include the right, but not the obligation, to cut back, trim and remove vegetation now growing, or that may hereafter grow within the Burdened Property over which the Aerial Easement is granted, so as to protect the same from interfering with the maintenance and operation of GRANTEE’S Facilities. After the installation of GRANTEE’S Facilities in accordance with said FCD Permit, any modification whatsoever to the Aerial Easement, the Facilities, or any appurtenance of GRANTEE located within the Easement Area, 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. The rights and privileges granted in this Aerial Easement are for use by GRANTEE and GRANTEE’S employees, contractors, co-owners, and participants for the purpose stated herein. This Aerial Easement shall run with the land and is binding on all parties, their successors and assigns. Grantee shall have the right to assign the Aerial Easement, in whole or in part, to one or more assignees and, upon the assignment, any such assignee hereby assumes the rights and obligations of the Grantee hereunder with respect to the portion of the Aerial Easement assigned. GRANTOR shall not use, permit the use of, or grant any licenses, additional easements, or any other rights to use the Easement Area, without the prior written consent of GRANTEE, which may be granted or denied through the exercise of GRANTEE’S sole and absolute discretion. GRANTOR shall not place or permit the placement of improvements, fixtures, trees, shrubs, obstacles or other obstructions within that portion of the Burdened Property over which the Aerial Easement has been granted (collectively “Obstructions”). GRANTEE shall have the right (but not the obligation) to remove any obstructions within the Easement Area. GRANTOR hereby grants grantee the right of vehicular and pedestrian access over and across Burdened Property for the purpose of trimming, cutting, or clearing any and all Obstructions encroaching within the Easement Area. FCD Project: Rittenhouse Road Drain Page 3 of 10 APNs: 304-61-015G and 304-61-022R FCD Parcel Nos.: RR-06 and RR-06-02 FCD Permit No.: 2023P106 The provisions of this instrument are not intended to and do not constitute a public utility easement or any other grant, dedication, or conveyance for public use of the Aerial Easement or Easement Area. GRANTOR represents and warrants that it has full power and authority to grant the Aerial Easement and perform its obligations under this instrument. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK FCD Project: Rittenhouse Road Drain Page 4 of 10 APNs: 304-61-015G and 304-61-022R FCD Parcel Nos.: RR-06 and RR-06-02 FCD Permit No.: 2023P106 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: DocuSigned by: Midsool Fulton. 5/24/2023 Michael A. Fulton Date Director REAL ESTATE DEPARTMENT APPROVAL: DocuSigned by: L a 5/24/2023 F0612B0D565D4CC. 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: Wayne Puck 5/24/2023 District General Counsel Date FCD Project: Rittenhouse Road Drain Page 5 of 10 APNs: 304-61-015G and 304-61-022R FCD Parcel Nos.: RR-06 and RR-06-02 FCD Permit No.: 2023P106 APPROVED: BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Date Chairman of the Board ATTEST: Clerk of the Board Date 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 the Political Subdivision in the foregoing instrument. Given under my hand and seal of the office this day of. , 2023. Notary Public (signature) FCD Project: Rittenhouse Road Drain Page 6 of 10 APNs: 304-61-015G and 304-61-022R FCD Parcel Nos.: RR-06 and RR-06-02 FCD Permit No.: 2023P106 GRANTEE: SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, and/or its successors and assigns ACCEPTANCE AND APPROVAL: Ii) ohn M-Felty, Corporate tary, > STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this it h day of M AN 2023, by John M. Felty, Corporate Secretary of SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona , and/or its successors and assigns, on behalf of the GRANTEE. My Commission Expires MAN 30, 202\y ONWMWUAR han fos, Notary Public (signature) V ANNA KREMPSKI Notary Public - State of Arizona MARICOPA COUNTY Commission # 628840 Expires May 90, 2026 FCD Project: Rittenhouse Road Drain Page 7 of 10 APNs: 304-61-015G and 304-61-022R FCD Parcel Nos.: RR-06 and RR-06-02 FCD Permit No.: 2023P 106 Exhibit “A” - Easement Attached to Non-exclusive Aerial Easement EXHIBIT “A” SRP JOB NUMBER: 13430660 DATE: 03-21-2023 SRP JOB NAME: FCDMC AERIAL CROSSING PAGE: 1 OF 3 TTRRSS: 2S6E6 AN AERIAL EASEMENT WITHIN TWO PARCELS OF LAND AS DESCRIBED PER DOCUMENT 1996-0280403, MARICOPA COUNTY RECORDER (MCR] AND 2021-0138220, MICR LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, BEING A GLO MONUMENT, FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 6, BEING A BRASS CAP IN HAND HOLE, BEARS SOUTH 01 DEGREES 02 MINUTES 57 SECONDS EAST, A DISTANCE OF 2628.46 FEET (BASIS OF BEARINGS); THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, SOUTH 01 DEGREES 02 MINUTES 57 SECONDS EAST, 4 DISTANCE OF 1948.52 FEET; THENCE DEPARTING SAID WEST LINE, NORTH 88 DEGREES 57 MINUTES 03 SECONDS EAST, A DISTANCE OF 781.44 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL DESCRIBED IN 1996-0280403, MCR AND THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHWESTERLY LINE, NORTH 36 DEGREES 11 MINUTES 47 SECONDS EAST, A DISTANCE OF 126.55 FEET TC THE NORTHEASTERLY LINE OF SAID PARCEL DESCRIBED IN 2021-0138820, MCR; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 53 DEGREES 48 MINUTES 32 SECONDS EAST, A DISTANCE OF 8.00 FEET; THENCE DEPARTING SAID NORTHEASTERLY LINE, SOUTH 36 DEGREES 11 MINUTES 47 SECONDS WEST, A DISTANCE OF 126.55 FEET TO SAID SOUTHWESTERLY LINE; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 53 DEGREES 47 MINUTES 10 SECONDS WEST, A DISTANCE OF 8.00 FEET TO SAID POINT OF BEGINNING; SAID EASEMENT CONTAINS AN AREA OF 1,012 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. END OF DESCRIPTION FCD Project: Rittenhouse Road Drain Page 8 of 10 APNs: 304-61-015G and 304-61-022R FCD Parcel Nos.: RR-06 and RR-06-02 FCD Permit No.: 2023P106 Exhibit “A” - continued Attached to Non-exclusive Aerial Easement EXHIBIT “A” ALD FECOS ROAD i | LEGEND oe ne SECTION AKD CENTERLINE al aoe j j= PROPERTY LINE oS 1 ' i O- a. . AERIAL EASEMENT | = gi 2 Beeseeeee TIE. LINE a vw iam is t] SECTION CORNER AS KOTED | lw. Le 1 GERMAN ROAD VICINITY MAP ¢NTS) T2Ss_ RIE G&SRM ABBREVIATION TABLE APN ASSESSOR'S PARCEL NUMBER GLO GENERAL LAKD OFFICE WCR VARICOPA COUNTY RECDRDER (MW) VEASURED LYE LAST. VISuaL INSPECTION NTS NOT Ta: SCALE AASIS CF BEARINGS: BASED ON THE MARICOPA COURTY LOW OISTORTIGN PROJECTION COORDINATE SYSTEM. CAUTION THE EASEMENT LOCATION 4S HEREON OELINEATEO MAY CONTAIN HIGH VOLTAGE ELECTRICAL EQUIPMENT. NOTICE [S HEREBY G]VEN THAT THE LOCATION OF UNDERGROUND ELECTRICAL CONOUCTORS OR FACILITIES MJST BE VERCFIED AS REQUIRED BY ARIZONA REVISED STATUTES. SECTION 40-380,21. ET. SEQ., ARIZONA BLUE STAKE LAW. PRIOR TO ANY EXCAVATION. NOTES THIS EXHIBIT [$ [NTENDED TO ACCOMPANY AN EASEMENT. ALL PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION. AND NO ATTEVPT HAS BEEN MADE TO VERIFY THE LOCATION OF ANY BOUNDARIES SHDWN, THES [S NOT AN ARIZENA BOUNDARY SURVEY. FCD Parcel Nos.: RR-06 and RR-06-02 SALT RIVER PROJECT eer VEY AGRICULTURAL IMPROVEMENT & POWER DISTRICT ENA PAN DEPARTHENT SRP. LOWR NUMBER: SCALE: NTS T.0, NUMBER: 13430660 SHEET: 2 CF 3 AGENT: BOCANANN SHEET SIZE: §.5°xt* FCDMC AERIAL CROSSING DRAWN: HICK REVISION: 1 NW 1/4 SECTION 6 CHECKED BY: CREW CHIEF: MILLER T2SR7E. 36.31E-6.315S DATE: 03-21-2023 FIELO DATE: 02-22-2023 FCD Project: Rittenhouse Road Drain Page 9 of 10 APNs: 304-61-015G and 304-61-022R FCD Permit No.: 2023P106 Exhibit “A” - continued Attached to Non-exclusive Aerial Easement EXHIBIT QLD PECOS ROAD Q a, L, NORTHWEST CORNER = SECTION 6 GUND GLO MONUMENT ———_ | i“ Me A 100 260 400 Fi LY]: 07-29-2019 POINT OF COWWENCEWENT i | | NORTH i =| g @! & As APN: 304-61-0154 fred iz wy it 2 | 1 AERIAL EASEMENT AREA = | My, 1,082 SQUARE. FEET | Oy 0.02 ACRES | “4 | ie “% 3! NOB?57! 03"E — Zz tA _™ A ee ene Ws gel Nv Te1.44°CTHE) <2; ay ao POINT OF "egg 3] o 5 pe BEGINNING xc ~ 4 | \. is LINE TABLE LINE [___ BEARING DISTANCE NEST 1/4 CORNER Li [_N36"1847°E | 126.55" \ THOR L2_|_$53*4B732" 8.00" FOUND BRASS CAP ee H TH HAND HOLE SS OraET a | ee LYE 11-28-2087 La | N53e47710°W 8.00 SALT RIVER PROJECT CSBP SURVEY DIVIS AGRICULTURAL IMPROVEMENT & POWER DISTRICT ey KP aR OES Aetaian SRP_LDWR NUMBER: SCALE: 1" = 200’ [.0. NUMBER: 13430660 SHEET: 3 OF 3 AGENT: SOCKMANN SHEET SIZE: §,5*xt1° FCDMC AERTAL CROSSING DRAWN: HICK REVISION: 1 NW 174 SECTION 6 CHECKED BY: CREW CHIEF: MILLER T2SRT7Es 36.31E-6.31S DATE: 03-21-2023 FIELD DATE: 62-22-2023 FCD Project: Rittenhouse Road Drain Page 10 of 10 APNs: 304-61-015G and 304-61-022R FCD Parcel Nos.: RR-06 and RR-06-02 FCD Permit No.: 2023P106