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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 AERIAL EASEMENT FCD Project: East Maricopa Floodway Reach 4 FCD Parcel No.: M-2158, M-2158-B, M-2165 APN: 304-49-022F and 304-49-022B FCD Permit No.: 2022P244 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 Forty-Eight Thousand Seven Hundred Seventeen Dollars and 00/100 ($48,717.00), 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 19750255774, recorded October 31, 1975 and 19820195754, recorded June 24, 1982 and instrument number 19860463089, recorded August 28, 1986 in the official records of Maricopa County (“Burdened Property”). The Aerial Easement is granted across the vertical air space Page 1 of 10 beginning at fifteen feet (15) above ground level within the real property described in the attached Exhibit “A” (“Easement Area”) for the purpose 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. 2022P244 (“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: East Maricopa Floodway Reach 4 _—- Page 2 of 10 APN: 304-49-022F and 304-49-022B FCD Parcel No.: M-2158, M-2158-B, M-2165 FCD Permit No.: 2022P244 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 FCD Project: East Maricopa Floodway Reach4 _ Page 3 of 10 APN: 304-49-022F and 304-49-022B FCD Parcel No.: M-2158, M-2158-B, M-2165 FCD Permit No.: 2022P244 Property for the purpose of trimming, cutting, or clearing any and all Obstructions encroaching within the Easement Area. 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: East Maricopa Floodway Reach 4 _— Page 4 of 10 APN: 304-49-022F and 304-49-022B FCD Parcel No.: M-2158, M-2158-B, M-2165 FCD Permit No.: 2022P244 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: DocuSigned by: Midrarl Fulton 5/24/2023 Michael A. Fulton Date Director REAL ESTATE DEPARTMENT APPROVAL: DocuSigned by: L. Lo 5/24/2023 F0612BOD565D4CC... 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 Puk 5/24/2023 B2E0BD100B52401 District General Counsel Date FCD Project: East Maricopa Floodway Reach4 _— Page 5 of 10 APN: 304-49-022F and 304-49-022B FCD Parcel No.: M-2158, M-2158-B, M-2165 FCD Permit No.: 2022P244 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: East Maricopa Floodway Reach 4 _— Page 6 of 10 APN: 304-49-022F and 304-49-022B FCD Parcel No.: M-2158, M-2158-B, M-2165 FCD Permit No.: 2022P244 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: Neh John Mf. Felty, Corporate Secretary STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this and 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 Mk\Y 30,202 AM AW Notary Public (signature ANNA KREMPSKI Notary Public - State of Arizona MARICOPA COUNTY Commission # 628640 Exoren MaY 20, 2026 FCD Project: East Maricopa Floodway Reach 4 _— Page 7 of 10 APN: 304-49-022F and 304-49-022B FCD Parcel No.: M-2158, M-2158-B, M-2165 FCD Permit No.: 2022P244 Exhibit “A” - Easement Attached to Non-exclusive Aerial Easement EXHIBIT “A” SRP JOB NUMBER: 71952486 — LDWR 12632 DATE: 11-11-2022 SRP JOB NAME: ABEL-PFISTER-BALL PAGE: 1 OF 3 TTRRSS: 1S6E36 AN EASEMENT WITHIN 4 PORTION OF LAND AS DESCRIBED IN DOCUMENT 1986-0463089 MARICOPA COUNTY RECORDER (MCR) AND DOCKET 16610, PAGE 683 MCR LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, BEING A BRASS CAP IN HANDHOLE, FROM WHICH THE SOUTH QUARTER CORNER OF SECTION 36, BEING AN ALUMINUM CAP FLUSH, BEARS NORTH 89 DEGREES 21 MINUTES 05 SECONDS EAST, A DISTANCE OF 2637.02 FEET (BASIS OF BEARING); THENCE NORTH 89 DEGREES 21 MINUTES 05 SECONDS EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1980.77 FEET; THENCE NORTH OO DEGREES 38 MINUTES 55 SECONDS WEST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 573.82 FEET TO A POINT ON THE WESTERLY LINE AS DESCRIBED IN DOCKET 16610, PAGE 683 MCR, AND THE POINT OF BEGINNING; THENCE NORTH 41 DEGREES 52 MINUTES 53 SECONDS EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF 101.24 FEET; THENCE SOUTH 57 DEGREES 04 MINUTES 53 SECONDS EAST, DEPARTING SAID WESTERLY LINE, A DISTANCE OF 309.36 FEET TO THE WESTERLY LINE OF PARCEL “A” AS SHOWN ON A REPLAT OF LOTS 1 THRU 11 OF THE DEPOT AT POWER RANCH, RECORDED IN BOOK 1556 OF MAPS, PAGE 23 MCR; THENCE ALONG THE WESTERLY LINES OF SAID PARCEL “A” THE FOLLOWING COURSES: THENCE SOUTH 60 DEGREES 45 MINUTES 27 SECONDS WEST, A DISTANCE OF 27.07 FEET; THENCE SOUTH 41 DEGREES 40 MINUTES 01 SECONDS WEST, A DISTANCE OF 76.96 FEET; THENCE NORTH 57 DEGREES 04 MINUTES 53 SECONDS WEST, DEPARTING SAID WESTERLY LINES, A DISTANCE OF 300.79 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS AN AREA OF 30,166 SQUARE FEET OR 0.692 ACRES, MORE OR LESS. END OF DESCRIPTION CLAYTON HOWARD WEILL, Se SE FCD Project: East Maricopa Floodway Reach 4 _— Page 8 of 10 APN: 304-49-022F and 304-49-022B FCD Parcel No.: M-2158, M-2158-B, M-2165 FCD Permit No.: 2022P244 Exhibit “A” - continued Attached to Non-exclusive Aerial Easement EXHIBIT RDAN WILLIAMS FIELD LEGEND co mem LIMITS OF CASEMENT ‘ft if A SECTION ANO CLNFLRL INL PROPERTY LINE ~-------- TIE LANE ¢ SECTION CORNER AS NOTED VICINITY MAP CNTS) 48, ROE G&SRe ABBREVIATION TABLE AGFL ALUMINUM CAP FLUSH APR ASSESSOR'S PARCEL MIVBER BCHH BRASS CAP IN HANO HOLE McR MARICOPA COUNTY RECORDER (Mi MEASURED CLAYTON Lv] LAST. VISUAL [INSPECTION HOWwaRD ; NES NOT TO SCALE UMN L02L | BASIS OF BEARINGS: THE ARIZONA STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD &3 DATUM, CAUTION THE EASEMENT LOCATION AS HEREON DELINEATED MAY CONTAIN HIGH VOLTAGE ELECTRICAL EQUIPMENT, NOTICE IS REREBY SIVEN THAT THE LOCATION OF UNDERGROUND ELECTRICAL CONDUCTORS OR FACILITIES MUST BE VERIFIED AS REQUIRED BY ARIZONA REVIS:D STAIUTES. SECTION 40-380.21. ET. SEQ.. ARIZONA BLUE STAKE LAW. PRIOR TOLANY EXCAVATION, NOTES THES EXHIBIT £S INTENDED TO ACCOMPANY AN EASEMENT. ALL PARCELS SHOWN WERE PLOTTED FROM RECCRD INFORMATION: AND NO ATTEMPT HAS BEEN MADE JO VERIFY ‘HE LOCATION OF ANY BOUNDARIES SHOWN. THES [S NOT AN ARIZONA BOUNDARY SURVEY. ALL ELECTRIC LINES SHOWN ARE MEASURED TO THE WINDOW CF THE EQUIPMENT PAD UNLESS OTHERWISE NOTED, SALT RIVER PROVECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT COO CBRE SURVEY DIVISION LAND DEPARTVENT SRP LOWR NUNGER: 12632 SCALE: _NIS 1.0. NUNBER: 11952486 SHEET: 2 © 3 AGENT: NORE SHEET Size: 8.5°x11" DRAWN: RUSSO OVERHEAD ELECTRIC CHECKED BY: HOWARD POWER LINE RIGHT-OF-WAY DATE: 41/11/22 MARTCCPA CQUNTYs ARIZONA ABEL -PF ISTER-BALL SW 1/4 SECTION 36 T-1-S. R-6-E FCD Project: East Maricopa Floodway Reach4 Page 9 of 10 FCD Parcel No.: M-2158, M-2158-B, M-2165 APN: 304-49-022F and 304-49-022B FCD Permit No.: 2022P244 Exhibit “A” - continued Attached to Non-exclusive Aerial Easement EXHIBIT Ng POINT OF BEGINNING NORTH a G “ye a ul Voy ed KS ena Pelt wl = POINT OF COMMENCENENT SCUTRNEST CORNER SECTION 36 FOUND BCI L¥Ei (9413/13 A N980.77 ¢ , ee 2VOS'E 2637.02 1AASIS OF BEARINGS) if if A $60° 45°27" 27.07’ SOUTH 174 CORNER SECTION 36 FOUN ACFL LVIe 08/20/10 PECOS ROAD SALT RIVER PROJECT CBBBES SURVEY DIVISIO AGRICULTURAL IMPROVEMENT & POWER DISTRICT PIM ean: SRP _LOWR NUMBER: 12632 LAND DEPARTMENT SCALE: NTS L.0. NUMBER: 11952486 SHEET: 3 CF 3 AGENT: MOORE SHEET S126: 6.5"x11" ORAWN: RUSSC CHECKEO BY: HOWARO DATEs 11/11/22 OVERHEAD ELECTRIC POWER LINE RICHT-OF -WAY MARICOPA COUNTY. ARIZONA ABEL -PF ISTER-BALL SW 174 SECTION 36 T-1-S, R-6-E FCD Project: East Maricopa Floodway Reach 4 FCD Parcel No.: M-2158, M-2158-B, M-2165 Page 10 of 10 APN: 304-49-022F and 304-49-022B FCD Permit No.: 2022P244