A1. FCD TO BOR NO.26-LE-32-4461.PDF

Contract No. 26-LE-32-4461
Case No. 25-001

Exempt per A.R.S. § 11-1134 A.3.

ORIGINAL

UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION

SALT RIVER PROJECT
CONTRACT AND GRANT OF EASEMENT

THIS CONTRACT AND GRANT OF EASEMENT, made this day of

pursuant to the Reclamation Act of June 17, 1902

3

(32 Stat. 388), the Reclamation Project Act of 1939 (53 Stat. 1187), and all acts amendatory
thereof or supplementary thereto, between the UNITED STATES of AMERICA, hereinafter
referred to as “United States,” and Flood Control District of Maricopa County, a municipal
corporation and a political subdivision of the State of Arizona, hereinafter referred to as

“Grantor.”

WITNESSETH:
That the Salt River Project Agricultural Improvement and Power District (SRP), an agricultural

improvement district organized and existing under the laws of the State of Arizona, intends to

relocate a portion of a federal irrigation facility acquired for a project purpose to a piped
irrigation facility at a new location; and,

WHEREAS, the United States owns a real property interest along the existing irrigation facility,
and Grantor owns the fee title to the real property onto which the irrigation facility will be

relocated; and,

WHEREAS, Grantor intends to grant to the United States and its assigns that certain real
property interest needed for the relocated facility, in exchange for the United States’ release of
that portion of its existing real property interest no longer needed for project purposes, and for

the purpose of benefitting future development of the real property; and,

WHEREAS, the United States will release its interest, if any, in and to the real property interest
no longer needed by Contract No. 26-LE-32-4462 to Maricopa County, a political subdivision
of the State of Arizona, and by Contract No. 26-LE-32-4463 to the State of Arizona, by and
through its Department of Transportation, and by Contract No. 26-LE-32-4464 to the City of
Glendale, an Arizona municipal corporation, and by Contract No. 26-LE-32-4465 to the
Flood Control District of Maricopa County, a municipal corporation and a political
subdivision of the State of Arizona, and any and all other owners of record of the underlying

fee title.

NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the

parties agree to the following grant and mutual covenants:

1. Grantor does hereby grant, with general warranty of title, unto the United States of America
and its assigns a perpetual easement to construct, reconstruct, operate and maintain certain water
distribution system pipelines, as part of the Salt River Project water distribution system, and such
structures, installations and facilities used in the construction, reconstruction, operation and
maintenance of said water distribution system, across certain land situated in the County of
Maricopa, State of Arizona, and more fully described in Exhibit “A” attached hereto and by this

reference made part hereof.

2. The grant of easement herein contained shall include the perpetual right of ingress and egress
over said premises to construct, reconstruct, operate, maintain, enlarge, improve, relocate,
remove, repair and renew said water distribution system, together with the present and future
right to clear said right-of-way to the extent deemed necessary by the United States to protect the

rights and privileges herein granted.

3. The United States, its successors and assigns, may hold such easement forever for all
purposes consistent with the water distribution feature of Salt River Project, or any changes, or
additions or modifications that may hereafter be made therein, and the United States, its
successors and assigns, will have the perpetual right to take and use materials, as well as all of
the rights incident to such water distribution feature, or any changes, additions, or modifications

thereof over, upon or across said right-of-way described in Exhibit “A”.

4. The Grantor hereby ratifies and affirms the right of the United States, its permittees,

successors or assigns, to construct, reconstruct, operate, maintain, enlarge, improve, relocate,

remove, repair and renew, together with the right of access thereto for such purposes, at any time
and from time to time, a water conduit and related facilities, consisting of one or more canals,
pipelines, laterals, markers, air valves, manholes, valves, meters, surge control devices, buried
communication conduits, and all other fixtures, devices and appurtenances related thereto, and to
conduct all related activities in, on, under, and across the land described in Exhibit “A” under the
following conditions:

(a) The United States shall have the right to use the subject land for ingress and egress at
any time without prior notice, together with the right to use existing or future roadways, lanes
and rights-of-way on Grantor's property adjacent thereto, as may be convenient and necessary for
the purposes of exercising the rights herein granted. The United States may, at any time, install
and/or use gates in any fences which are now or may hereafter be constructed and to trim, cut
and clear away trees or brush whenever, in its judgment, the same shall be necessary for the
convenient and safe exercise of the rights hereby granted, on said lands described in Exhibit “A”,
or on such adjoining lands for the purpose of exercising the rights herein granted.

(b) The rights granted to, and exercised by, the United States shall be subject to all
existing structures, fencing, canals, ditches, pipelines, roadways, and rights-of-way, and all
future uses thereof, including but not limited to the right of the Grantor to use the lands within
said parcel for agricultural and other purposes that do not directly or indirectly interfere with or
endanger the exercise of the rights of the United States; PROVIDED, HOWEVER, that the
Grantor shall clear and keep clear the lands described in Exhibit “A”, from explosives, buildings
and structures of all kinds or facilities of a permanent nature which directly or indirectly interfere
or could interfere with the rights of the United States, and shall not drill any well, install

swimming pools, or alter ground level by cut or fill, within the limits of said rights-of-way and

the United States shall have the permanent right of exclusive use and possession within the

easement.

5. The grant of easement herein contained is subject to easements and rights-of-way existing or
of record in favor of the public or third parties, and subject to any outstanding interest in any and

all organic or inorganic substances in or under said land.

6. Grantor warrants that no person or agency has been employed or retained to solicit or secure
this grant upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial agencies

maintained by the Grantor for the purpose of securing business.

7. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this grant or to any benefit that may arise here from, but this restriction shall not

be construed to extend to this grant if made with a corporation or company for its general benefit.

8. The provisions of this grant shall obligate and inure to the benefit of the respective heirs,

executors, administrators, successors, and assigns of the parties to this grant.

IN WITNESS WHEREOF, the parties hereto have signed their names the day and year first

above written.

Flood Control District of Maricopa County, a municipal
corporation and a political subdivision of the State of
Arizona

By: See Attached Signature Pages

Title:

UNITED STATES of AMERICA

By: =
Alexander B. Smith
Area Manager
Phoenix Area Office
Bureau of Reclamation

RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:

e Baughman. 7/1/2026
17D51DCCBEES4B0.

Chief Engineer and General Manager Date

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:
( AS— 7/4/2026
F0612BOD565D4CC.

Real Estate Director Date

APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.

Signed by:

Maye Carpinclli

3D6A191436004B5.

7/1/2026

Flood Control District General Counsel Date

HEARD AND APPROVED:

GRANTOR:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

Chair, Board of Directors Date

ATTEST:

Clerk of the Board Date

Contract No. 26-LE-32-4461
Case No. 25-001

ACKNOWLEDGMENT
State of Arizona )
) ss.
County of Maricopa)
On this day of , , before me,
, a Notary Public in and for said County and State,
personally appeared s , on behalf of

Flood Control District of Maricopa County, a municipal corporation and a political
subdivision of the State of Arizona, known to me to be the person described in the foregoing
instrument, and acknowledged to me that he/she executed the same in the capacity therein stated

and for the purpose therein contained.

Notary Public in and for
said County and State

Contract No. 26-LE-32-4461
Case No. 25-001

ACKNOWLEDGMENT

State of Arizona )
) ss.
County of Maricopa )

Onthis 7AM — day of _ Li liige ORG _. vetore me,

f Le p- Nace a Notary Public in and for said County and State
personally appeared __ - mn the , Area Manager, Phoenix
Area Office, Bureau of Reclamation, Department of the Interior, UNITED STATES of
AMERICA, known to me to be the person described in the foregoing instrument, and
acknowledged to me iff executed the same on behalf of the United States in the capacity

therein stated and for the purpose therein contained.

SER. NICOLE QUAMEN-TINOCO
Notary Public » Arizona
1 Maricopa County

- /{R0eo

Commission # 653614
My Comm. Expires aug 13, 2027

ist

Notary Public in and for
said County and State

Wood, Patel & Associates, Inc. January 22, 2025

602.335.8500 WP# 215248.80
www.woodpatel.com Page 1 of 2
EXHIBIT “A”

DESCRIPTION OF REAL ESTATE IN MARICOPA COUNTY,

STATE OF ARIZONA

A PARCEL OF LAND LYING WITHIN THE NORTHEAST QUARTER (NE 1/4) OF SECTION
FIVE (5), TOWNSHIP TWO (2) NORTH, RANGE ONE (1) EAST, OF THE GILA AND SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

COMMENCING AT NORTHEAST CORNER OF SAID SECTION 5, A 3-INCH BRASS CAP IN
HANDHOLE, FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION, A 3-INCH
BRASS CAP IN HANDHOLE, BEARS SOUTH 88 DEGREES 54 MINUTES 48 SECONDS WEST
(BASIS OF BEARING), A DISTANCE OF 2625.89 FEET;

THENCE ALONG THE EAST LINE OF SAID SECTION, SOUTH 00 DEGREES 03 MINUTES 16
SECONDS WEST, A DISTANCE OF 115.82 FEET, TO THE POINT OF BEGINNING;

THENCE CONTINUING, SOUTH 00 DEGREES 03 MINUTES 16 SECONDS WEST, A
DISTANCE OF 20.06 FEET;

THENCE LEAVING SAID EAST LINE, SOUTH 85 DEGREES 43 MINUTES 46 SECONDS
WEST, A DISTANCE OF 55.16 FEET, TO A POINT HEREBY DESIGNATED AS POINT “A” FOR
FUTURE REFERENCE IN THIS DESCRIPTION;

THENCE NORTH 00 DEGREES 03 MINUTES 16 SECONDS EAST, A DISTANCE OF 20.06
FEE;

THENCE NORTH 85 DEGREES 43 MINUTES 46 SECONDS EAST, A DISTANCE OF 55.16
FEET, TO THE POINT OF BEGINNING.

TOGETHER WITH
COMMENCING AT SAID POINT “A’;

THENCE SOUTH 00 DEGREES 03 MINUTES 16 SECONDS WEST, A DISTANCE OF 34.64
FEET, TO THE POINT OF BEGINNING;

THENCE SOUTH 40 DEGREES 15 MINUTES 22 SECONDS EAST, A DISTANCE OF 23.87
FEET;

THENCE SOUTH 49 DEGREES 44 MINUTES 38 SECONDS WEST, A DISTANCE OF 20.00
FEET;

EXHIBIT “A” Revised January 22, 2025
PROPOSED USA EASEMENT WP# 215248.80
Page 2 of 2

THENCE NORTH 40 DEGREES 15 MINUTES 22 SECONDS WEST, A DISTANCE OF 0.30
FEET;

THENCE NORTH 00 DEGREES 03 MINUTES 16 SECONDS EAST, A DISTANCE OF 30.92
FEET, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM

THAT CERTAIN 20 FOOT X 20 FOOT PARCEL OF LAND RECORDED IN BOOK 113, PAGE
401, MARICOPA COUNTY RECORDS.

SAID PARCEL OF LAND CONTAINS 0.02 ACRE(S), MORE OR LESS, AFTER SAID
EXCEPTION HAS BEEN MADE.

EXPIRES 12-31-26

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