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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: Rittenhouse Road Drain
FCD Parcel No.: RR-18
APN: 304-61-036C
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 Twenty-Six Thousand Six Hundred Twenty Dollars and 00/100
($26,620.00), 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
1997-0489682, recorded July 21, 1997 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 of constructing, installing, accessing, reconstructing, replacing, removing,
Page 1 of 10
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.
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
FCD Project: Rittenhouse Road Drain Page 2 of 10 APN: 304-61-036C
FCD Parcel No.: RR-18 FCD Permit No.: 2022P244
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 APN: 304-61-036C
FCD Parcel No.: RR-18 FCD Permit No.: 2022P244
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 APN: 304-61-036C
FCD Parcel No.: RR-18 FCD Permit No.: 2022P244
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL:
DocuSigned by:
Midrorl Fulton 5/24/2023
61D71DC47EBB48C.
Michael A. Fulton Date
Director
REAL ESTATE DEPARTMENT APPROVAL:
DocuSigned by:
( AS— 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:
[age Peck 5/24/2023
B2E0BD 100852401
District General Counsel Date
FCD Project: Rittenhouse Road Drain Page 5 of 10 APN: 304-61-036C
FCD Parcel No.: RR-18 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: Rittenhouse Road Drain Page 6 of 10 APN: 304-61-036C
FCD Parcel No.: RR-18 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:
n M. Felty, Corporate Secretary
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this ygnd 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 CVV TWN a
Notary Public (sighature) v
ANNA KREMPSKI
Notary Public - State of Arizona
MARICOPA COUNTY
Commission # 628840
Expirs MaY 30, 2026
FCD Project: Rittenhouse Road Drain Page 7 of 10 APN: 304-61-036C
FCD Parcel No.: RR-18 FCD Permit No.: 2022P244
Exhibit “A” - Easement
Attached to Non-exclusive Aerial Easement
bea
poo ERMAN Be LEGEND
{| —-—-— +--+ SECTION AND CEKTERLINE
i i PROPERTY LIME
cH '
zl | Fs eeenrenren LEWETS OF EASEMENT
i
3------ Ona <4 —-——-- RALLRCAD RIGHT CF WAY LINE
2 ' 08 SITE a] + SECTION CORNER 4S NOTED
| |
| i
|
a ALUVINUM CAP
OES RIE APN ASSESSOR PARCEL HUMBER
CASRN GIL4 AND SALT RIVER MERIDIAN
Wik MARICOPA COUNTY RECORCER
KTS NOT TO SCALE
a Lyf Last vEStaL INSPECTION
TEE RLS REGISTERED LEAD SURVEYOR
* e nn
sharon tt iM MEASURED
EASEMENT AREA = 16.483 SQUSE FEET. MORE A LESS.
CAUTION
THE EASEMENT LOCATION #5 HEREOY DELCKEATED WAY COMTAIY HIGH VOLTAGE ELECTRICAL ECULFAENT, NOTICE
(CS HEREBY GCVEN THAT THE LOCATION OF UMDERGROUKD ELECTACCAL COMDUCTORS OR FACCLITIES MUST BE
VERCFLED AS RECUIRED BY AR[Z0N4 REVISED STATUTES. SECTION 40-340.21, ET. SEG.. AR[20N4 BLUE STAKE
Laas PROGR TO ANY EXCavaTI OA,
NOTES
THIS EXHIBIT 1S [TENDED TO ACCOMPAYY AW EASEMENT. ALL
PARCELS SHOWA WERE PLOTTED FRGM RECORD ChFURMATIUN, ARE
NO ATTEMPT HéS BEEN MICE TO VERCFY THE LOCATION OF AkY
HOURDARIES SHOWH. THIS [S KOT AN ARCZON4 BDUHDARY SURVEY.
BASIS OF BEARIHG
NORTH AMERICAN DATIM 83
AR)ZONA STATE PLAKE
COORDINATE S1STEW Z0KE 207
SALT RIVER PROJECT = 5 a
AGRECLLTURAL CHFROVEVERT 4 FOAER OLSTRICT Sar poRVEY Division
SRP JOB MUWBERsWG1-D0G47-204]SCALE: MOT TO SCALE
AME 0 MUMBERE SHEET: 1 OF 2 3EL—-PFISTER—-E
AGENTS LAlIRENCE REVISION: 1 ABEL-PFISTER—BALL
DRAWN: RUSSO OHERHEAD ELECTRIC SE 1/4 SECTION &
CHECKED WY; AoWaRE PUNER LINE RIGHT-OF—nay T-2-S, R-T-E
DATE: 05-12-22 WARTCOPS COUNTY: ARIZO4A
FCD Project: Rittenhouse Road Drain Page 8 of 10 APN: 304-61-036C
FCD Parcel No.: RR-18
FCD Permit No.: 2022P244
Exhibit “A” - continued
Attached to Non-exclusive
Aerial Easement
LYE: G3-30-16
POLKT OF COUMERCEMENT
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RYAN ROAD ALIGNMENT
(BASIS OF SEARLNGI
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SALT RIVER PROJECT 2
AGRECULTURAL HPROVEVERT 4 POWER DISTRICT PuREY OB IyI SiON
SAF JOB MUMHERSHGI-D0b4/-203/5CALE: 1° = 60°
AWE WD NUMBERS SHEET: ? OF ? — _
AGENT: LAUREKCE REvEs Jo: _{ ABEL PFISTER-BALL
ORAWAS RUSSO QUEFHEAD ELECTRIC SE 1/4 SECTION B
CHECKED BY: HiTeePD POWER LIME RCGHT-OF-aay T-2-5, R-Y-E
DATE: 03-12-27 MARICOPA COUNTY. ARIZONA
FCD Project: Rittenhouse Road Drain Page 9 of 10 APN: 304-61-036C
FCD Parcel No.: RR-18
FCD Permit No.: 2022P244
Exhibit “A” - continued
Attached to Non-exclusive Aerial Easement
AN EASEMENT WITHIN A PARCEL OF LAND AS DESCRIBED PER DOCUMENT 1997-0489692 MARICOPA
COUNTY RECORDER (M.C.R.) LOCATED IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 2
SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 8, BEING A REBAR WITH CAP,
STAMPED AS RLS 21786, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 8, BEING AN
ALUMINUM CAP, STAMPED AS RLS 31601, BEARS SOUTH 89 DEGREES 52 MINUTES 14 SECONDS EAST, A
DISTANCE OF 2628.07 FEET (BASIS OF BEARING);
THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, SOUTH 89 DEGREES 52 MINUTES 14
SECONDS EAST, A DISTANCE OF 1197.40 FEET TO THE WEST LINE OF SAID PARCEL AND THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE AND THE NORTH LINE OF SAID PARCEL, SOUTH 89
DEGREES 52 MINUTES 14 SECONDS EAST, A DISTANCE OF 152.21 FEET;
THENCE ALONG THE EAST LINE OF SAID PARCEL, SOUTH 53 DEGREES 37 MINUTES 22 SECONDS EAST, A
DISTANCE OF 196.52 FEET;
THENCE NORTH 84 DEGREES 40 MINUTES 13 SECONDS WEST, A DISTANCE OF 174.50 FEET TO THE WEST
LINE OF SAID PARCEL;
THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 53 DEGREES 37 MINUTES 22 SECONDS WEST, A
DISTANCE OF 169.77 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS AN AREA OF 16,483 SQUARE FEET OR 0.378 ACRES, MORE OR LESS.
CLAYTON
HOWARD
FCD Project: Rittenhouse Road Drain Page 10 of 10 APN: 304-61-036C
FCD Parcel No.: RR-18 FCD Permit No.: 2022P244