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UNITED STATES DEPARTMENT OF THE INETRIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT Serial Number AZA-17159 Project No. TT011 MARICOPA ROAD (Gil) Form 2800-14 UNITED STATES Issuing Office (August 1985) DEPARTMENT OF THE INTERIOR Lower Sonoran Field Office BUREAU OF LAND MANAGEMENT Serial Number RIGHT-OF•WAY GRANT/TEMPORARY USE PERMIT AZA-17159 1, A (right-of-way) (permit) is hereby granted pursuant to: a. In Title V of the Federal Land Policy and Management Act of October 21, 1976(90 Stat. 2776; 43 U.S.C. 1761); b. Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185); c. I Other (describe) 2. Nature of Interest: a. By this instrument, the holder Maricopa County receives a right to construct, operate, maintain, and terminate a road right-of-way as described below and shown in "Exhibit B" on public lands (or Federal land for MLA Rights-of-Way) described as follows: Gila and Salt River Meridian, Arizona, Maricopa County T. 5 S., R. 1 W., Sec. 5, SIA; See. 7, Lot 3, NEVi, SPANW/r; Sec. 8, NWV,NWVINW'ti. T. 5 S., R. 2 W., Sec. 7, SPA; Sec. 8, S1/25 1/2; Sec. 9, S'AS1/2; Sec. 12, SV2.; Sec. 13, NW/; Sec. 14, NY2 ; Sec. 15, N%.; Sec. 16, NEVINEVINEVi; Sec. 18, Lot 1, VANUA, NEVINW`lt. T. 5 S., R. 3 W., Sec. 13, NEVI, SE'ANW1/4, SPA; Sec. 14, SP/4MM SEVI; Sec. 23, NWV,; Sec. 29, VAN 1/2; Sec. 30, Lot 2, NE'/t, SEY4NWili. T. 5 S., R. 4 W., Sec. 25, N'ASV2; Sec. 26, SE'/; Sec. 27, SEVISEV,. The arca described contains 196. 47 acres. To include a fence along the north side of the road with associated cattleguards and livestocic gates. b. The right-of-way or permit area granted herein is 110 feet wide, 16 miles long and contains 196.47 acres more or Less. If a site type facility, the facility contains N/A acres. c. This instrument shall terminate on December 31, 2047 , unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument p may Jmay not be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. c. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandornent, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. (Continued on page 2) 3. Rental: For and in cons ideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may he adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations parts 2800 and 2880. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 180 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued pursuant to the authority of paragraph (1)(a) for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The stipulations, plans, maps, or designs set forth in Exhibit(s) A (Stipulations) B (Mao) , dated 07/30/2018 attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public, IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit. (Signature of Holder) (Signature of Authorized Officer) Field Manager Lower Sonoran Field Office (Title) (Title) (Date) (Effective Date of Grant) (Form 2800-14, page 2) J- S c4pa.RIMEW-(14 wo ,212 TH.1,11.0R E.5 110,i Exhibit A Stipulations AZA-17159 A. The holder shall comply with all applicable State and Federal laws and regulations applicable to the authorized use and such additional State and Federal laws, along with the impeding regulations, existing or hereafter enacted or promulgated, during the term of the grant. In any event, the holder(s) shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601, et seq.) with regard to any toxic substances that are used, generated by, or stored on the right-of-way (ROW), or on facilities authorized under this ROW grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer (AO) concurrent with the filing of the reports to the involved Federal agency or State government; B. The ROW herein granted shall be subject to the express covenant that it will be modified, adapted, or discontinued if found by the Secretary to be necessary, without liability or expense to the United States (U.S.), so as not to conflict with the use and occupancy of the land for any authorized works which may be hereafter constructed thereon under the authority of the U.S; C. Any cultural and/or paleontological resource (historic Of prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the AO. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the AO, An evaluation of the discovery will be made by the AO to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the AO after consulting with the holder; D. The holder of this ROW grant or the holder's successor in interest shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and the regulations of the Secretary of the Interior issued pursuant thereto; E. The holder shall conduct all activities associated with the maintenance, operation, and termination of the ROW within the authorized limits of the ROW; PAGE 1 Exhibit A N F. All design, material, and construction, operation, maintenance, and termination practices shall be in accordance with safe and proven engineering practices; G. The holder of ROW No. AZA-17159 agrees to indemnify the U.S. against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.) on the ROW (unless the release or threatened release is wholly unrelated to the ROW holder's activity on the ROW. This agreement applies without regard to whether a release is caused by the holder, its agent, or unrelated third parties; H. This ROW reserves to the Secretary of the Interior, or his lawful delegate, the right to grant additional ROWs or permits for compatible uses over, under or adjacent to the land involved in this grant; At least 180 days prior to termination of the ROW, the holder shall contact the AO to arrange a joint inspection/pre-termination conference of the ROW. This inspection will be held to agree to an acceptable termination (and rehabilitation) plan. This plan shall include, but is not limited to, removal of facilities, drainage structures, or surface material, recontouring, topsoiling, or seeding. The AO must approve the plan in writing prior to the holder's commencement of any termination activities. The holder agrees to incur all costs associated with achieving an acceptable rehabilitation standard; PAGE 2