A. D22535.PDF

MCDOT Proj. No. TT0248
Deer Valley Road
(El Mirage Rd. to 199 Ave)
APN: 200-11-003A
D22535
ST TE L NI, DEP , RTMENT
STATE OF L1ZONA
Right of Way
RM. No. 16414720-00
THIS RIGHT OF WAY ("Right of Way") is entered into by and between the State
of Arizona (as "Grantor") by and through the Arizona State Land Department and
MARICOPA COUNTY
("Grantee"). In consideration of payment and performance by the parties of each of the
provisions set forth herein, the parties agree as follows:
EXTENT OF DOCUMENT
"Additional Conditions", "Exhibits", and "Appendixes" are an integral part of this
document. In case of a conflict between the printed boiler document and the additional
conditions, exhibits, or appendixes, the applicable additional condition, exhibit, or
appendix shall be considered the'governing document and supersede the printed boiler, but
only to the extent necessary to implement the additional condition, exhibit, or appendix,
and only if the additional condition, exhibit, or appendix does not conflict with governing
state or federal law.
ARTICLE 1
SUBJECT LAND
1.1 Grantor grants to Grantee a Right of Way on, over, through, and across the
State lands described in Appendix A attached hereto ("Subject Land").
1.2 Grantee makes use of the Subject Land "as is", and Grantor makes no
express or implied warranties as to the physical condition of the Subject Land.
ARTICLE 2
TERM
2.1 The term of this Right of Way commences on June 15, 2018
("Commencement Dater), and runs for a perpetual term ("Expiration Date"), unless
sooner canceled or terminated as provided herein or as provided by law.
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ARTICLE 3
RENT
3.1 Rental is due in advance for the term of this Right of Way document.
3.2 If the Grantee should fail to pay rental when due, or fail to keep the
covenants and agreements herein set forth, the Commissioner, at his option, may cancel
said Right of Way or declare the same forfeited in the manner provided by law.
ARTICLE 4
PURPOSE AND USE OF SUBJECT LAND
4.1 The purpose of this Right of Way is the location, construction, operation, and
maintenance of:
Public road and associated roadway facilities
4.2 No material may be removed by Grantee or its contractors without the
written approval of the Commissioner.
4.3 Grantee shall not exclude from use the State of Arizona, its lessees or
grantees, or the general public the right of ingress and egress over this Right of Way.
4.4 Grantee shall acquire required permits prior to construction, and adhere to
all applicable rules, regulations, ordinances, and building codes as promulgated by the
local jurisdiction and any applicable State or Federal agencies.
4.5 All use of State land outside the Right of Way must be applied for and
authorized in accordance with applicable law.
4.6 Grantee shall not sublet or assign this Right of Way or any portion thereof
without the written consent of the Grantor.
4.7 The Grantor retains ownership of the Subject Land. The use of this Right of
Way is to be non-exclusive. This Right of Way is sold subject to existing reservations,
easements, or rights of way heretofore legally obtained and now in full force and effect.
4.8 When necessary for Grantee's reasonable use of this Right of Way for the
purposes for which the grant is made, it shall be deemed to include the rights in, upon,
over, and across the described Subject Land to erect, construct, reconstruct, replace,
repair, and maintain the facilities authorized by this Right of Way.
4.9 Grantee shall have the right to erect, maintain, and use gates in all fences
under the control of the Grantor which now cross or shall hereafter cross said Right of
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Way, and to trim, cut, and clear away trees or brush whenever in its judgment the same
shall he necessary for the convenient and safe exercise of the right herein provided.
4.10 Grantee shall not fence any portion of this Right of Way unless specifically
authorized in the attached additional conditions without prior written consent of Grantor,
nor shall Grantee exclude from the use of the surface thereof the State of Arizona or its
lessees or grantees as reserved in Paragraph 10.1.
ARTICLE 5
CONFORMITY TO LAW
5.1 This Right of Way is subject to applicable laws and covenants relating to
State lands.
ARTICLE 6
CANCELLATION, TERMINATION AND ABANDONMENT
6.1 This Right of Way is subject to cancellation pursuant to A.R.S. § 38-511.
6.2 If at any time the Right of Way ceases to be used for the purpose for which it
was granted, it shall become void, and the right to use the Subject Land and all the rights
of Grantee hereunder shall revert to the Grantor.
6.3 Upon revocation or termination of the Right of Way, the Grantee shall
remove all equipment or facilities and, so far as is reasonably possible, restore and/or
rehabilitate the Subject Land to its original condition, and to the satisfaction of the
Commissioner.
ARTICLE 7
INDEMNITY
7.1 This provision is pursuant to the July 12, 2000 memorandum issued by the
Risk Management Section of the Arizona Department of Administration applicable to all
political subdivisions of the State.
Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the
other party (as "indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorneys' fees) (hereinafter collectively referred to as
"claims") arising out of bodily injury of any person (including death) or property damage,
but only to the extent that such claims which result in vicarious/derivative liability to the
indemnitee, are caused by the act, omission, negligence, misconduct, or fault of the
indemnitor, its officers, officials, agents, employees, or volunteers.
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ARTICLE 8
RESERVATIONS; RELINQUISHMENTS
8.1 Grantor reserves the right to grant other rights in, upon, over, and across the
described Subject Land for any purpose whatsoever not inconsistent or incompatible with
the use allowed by this indenture, and the Grantee agrees not to exclude the Grantor or its
lessees or grantees from the use of the Subject Land herein described.
8.2 Grantor reserves all natural resources, timber, and minerals (including oil or
gas) in or upon the described Subject Land, and the right to grant leases, permits,
easements, and/or rights of way to extract such resources as provided by law and in a
manner not inconsistent or incompatible with Grantee rights hereunder. Where
inconsistent or incompatible uses exist, the Grantor will require the applicant therefor to
indemnify Grantee for loss it might suffer by reason of such use.
8.3 Grantor reserves the right to relinquish to the United States pursuant to the
U.S. Act of August 30, 1890, land needed for irrigation works in connection with a
government reclamation project.
ARTICLE 9
LOCATION, CONSTRUCTION AND MAINTENANCE
9.1 Grantee shall ensure full compliance with the terms and conditions of this
Right of Way by its agents, employees, and contractors (including sub-contractors of any
tier), and the employees of each of them and shall include the terms and conditions in all
contracts and sub-contracts which are entered into by any of them.
9.2 Failure or refusal of Grantee's agents, employees, contractors, sub-
contractors, or their employees to comply with these terms and conditions shall be deemed
to be the failure or refusal of Grantee.
ARTICLE 10
NATIVE PLANTS AND CULTURAL RESOURCES
10.1 (a) Pursuant to A.R.S. §§ 41-841 and 41-842, Grantee, Grantee's
employees, and Grantee's guests shall not excavate or collect any prehistoric or historic
archaeological specimens on the Subject Land without a permit from the Director of the
Arizona State Museum and written approval of Grantor pursuant to the terms of this
Right of Way. Grantee shall immediately report any unpermitted excavation or collection
of archaeological specimens on the Subject Land to the Arizona State Museum and
Grantor.
(b) Pursuant to A.R.S. § 41-844, Grantee shall report to the Director of
the Arizona State Museum and Grantor any prehistoric or historic archaeological site, or
paleontological site, that is discovered on the Subject Land by • Grantee, Grantee's
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employees, or Grantee's guests, and shall, in consultation with the Director of the Arizona
State Museum and Grantor, immediately take all reasonable steps to secure the
preservation of the discovery.
10.2 (a) Grantee shall not move, use, destroy, cut or remove or permit to be
moved, used, destroyed, cut or removed any timber, cactus, native plants, standing trees or
products of the land except that which is necessary for the use of the Subject Land, and
then only with the prior written approval of Grantor. For undeveloped land, the Grantee
must submit a plant survey prior to the removal of any native plant. If the removal or
destruction of plants protected under the Arizona Native Plant Law (A.R.S. § 3-901 et seq.,
or any successor statutes) is necessary to the use of the Subject Land, Grantee shall also
obtain the prior written approval of the Arizona Department of Agriculture. In the event
the Grantee removes the native plants, the Grantee must pay a vegetation fee to the
Grantor and this fee is not a reimbursable improvement.
(b) Grantee is responsible for treatment of all regulated and restricted
noxious weeds listed by the Arizona Department of Agriculture.
ARTICLE 11
GRANTEE SHALL PROTECT AND RESTORE THE SUBJECT LAND
11.1 Grantee shall be required, upon completion of Right of Way construction, to
make such rehabilitation measures on the State lands, including but not limited to
restoration of the surface, revegetation, and fencing as determined necessary by the
Grantor.
11.2 Grantee shall conduct all construction and maintenance activities in a
manner that will minimize disturbance to all land values including, but not limited to
vegetation, drainage channels, and streambanks. Construction methods shall be designed
to prevent degradation of soil conditions in areas where such degradation would result in
detrimental erosion or subsidence. Grantee shall take such other soil and resource
conservation and protection measures on the Subject Land under grant as determined
necessary by the Grantor.
11.3 Costs incurred by the Grantee in complying with restoration and
rehabilitation requirements, as determined by the Department, on State lands shall be
borne by the Grantee.
11.4 Grantee shall conduct its operations on the Subject Land in such a manner
as is consistent with good environmental practices. Grantee shall exert reasonable efforts to
avoid damage of protected flora, and restore the surface to its condition prior to the
occupancy thereof by Grantee.
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ARTICLE 12
MISCELLANEOUS
12.1 The described Subject Land shall be used only for the purpose stated in
Paragraph 4.1, and as may be further detailed elsewhere in this document.
• 12.2 This Document is submitted for examination and shall have no binding effect
on the parties unless and until executed by the Grantor (after execution by the Grantee),
and until a fully executed copy is delivered to the Grantee.
12.3 In the event of a dispute between the parties to this Right of Way, it is agreed
to use arbitration to resolve the dispute, but only to the extent required by A.R.S. § 12-
1518. In no event shall arbitration be employed to resolve a dispute which is otherwise
subject to administrative review by the Department.
12.4 Insurance provisions are intentionally omitted from this Permit pursuant to
the July 12, 2000 memorandum issued by the Risk Management Section of the Arizona
Department of Administration to all political subdivisions of the State.
12.5 The Grantor does not represent or warrant that access exists over other State
lands which intervene respectively between the above Right of Way and the nearest public
roadway.
12.6 If for any reason the State of Arizona does not have title to any of the Subject
Land described herein, this Right of Way shall be null and void insofar as it relates to the
land to which the State has failed to receive title.
12.7 Every obligation of the State under this Right of Way is conditioned upon the
availability of funds appropriated or allocated for the payment of such obligation. If funds
are not allocated and available for the continuance of this Right of Way, this Right of Way
may be terminated by the State at the end of the period for which funds are available. No
liability shall accrue to the State in the event this provision is exercised, and the State shall
not be obligated or liable for any future payments or any damages as a result of
termination under this paragraph.
12.8 The parties agree to be bound by applicable State and Federal rules
governing Equal Employment Opportunity, Non-discrimination and Disabilities, including
Executive Order No. 2009-09,
12.9 Within 30 days of project completion, Grantee shall submit a completed
certificate of construction (copy attached).
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ADDITIONAL CONDITIONS
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These Additional Conditions are attached to and made a part of the Right of Way
boiler plate form (the "Boiler Plate"). The term "Section" when used in these Additional
Conditions shall be deemed to refer to the Section numbers of the text in the Boiler Plate.
The term "Paragraph" when used in these Additional Conditions shall be deemed to refer to
the Paragraph numbers of the text in these Additional Conditions. The term "Right of Way"
shall mean the Boiler Plate as supplemented by these Additional Conditions.
1. LEGAL DESCRIPTION, RENT AND PURPOSE
1.1 A legal description and/or a visual depiction of this Right of Way is/are
detailed in EXHIBIT A attached hereto. Subject to Grantor's rules and policies then in
place, and as a result of construction-related restrictions, Grantor and Grantee may agree
to modify the legal description by the Grantee submitting "as built" or "proposed
realignment" legal descriptions, depending on the situation, to Grantor for Grantor's review.
If approved by Grantor, and additional acreage is impacted, Grantee agrees to pay an
appraised or pro-rated charge as Grantor determines is appropriate. No refund will be made
for a reduction in acreage.
1.2 Grantor reserves the right to grant additional access rights, or any other rights
not in conflict with the rights granted herein, to other parties at the Grantor's sole discretion.
1.3 This Right of Way is for the purpose of a Public Roadway and does not permit
any underground or above ground facilities without proper rights authorized or issued by
Grantor, assignees or its successors.
1.3.1 This Right of Way prohibits the erection of any type advertising sign(s)
or monument structure(s) without proper rights authorized or issued by Grantor, assignees
or its successors.
2. CONSTRUCTION, MAINTENANCE AND OPERATION
2.1 Grantee is responsible for complying with all federal, state and local guidelines
in regards to the construction, maintenance and operation of this Right of Way grant and its
associated appurtenances.
2.2 Prior to construction, and at the request of the Grantor, Grantee shall provide
construction plans (no larger than 11" x 17" format) and applicable drainage report(s),

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engineering infrastructure report(s) or studies, and any Clean Water Act (CWA) Section 401
or 404 documents to the Grantor for the Grantor's review.
2.3 Grantee shall conduct all construction and maintenance activities in a manner
that will minimize disturbance to surface features affecting adjacent land values, including,
but not limited to, vegetation, drainage channels and stream banks.
2.4 Grantee shall be responsible for controlling noxious weeds as listed by the
Arizona Department of Agriculture for the term of this Right of Way. Grantor recommends
Grantee review Arizona Department of Agriculture website for prohibited and restricted
noxious weed rules and regulations.
2.4.1 All vehicles and/or equipment entering State Trust land for
maintenance of the Subject Land shall be power washed, including the undercarriage, to
prevent the spread of noxious weeds.
2.5 Grantee agrees that any rubbish or debris from construction and maintenance
work shall be removed and properly disposed of at its expense. Disposal of construction-
related and maintenance-related materials on State Trust land is strictly prohibited.
2.6 Specific sites where construction and maintenance equipment and vehicles
shall not be allowed (e.g. archaeological sites, areas with threatened or endangered species,
or fragile watersheds) shall be clearly marked onsite by the Grantee prior to the beginning
of any construction, maintenance or other ground disturbing activities. Grantee shall take
any and all steps necessary to ensure that these sites are not touched.
2.7 All equipment shall be removed from the site within seven (7) days of project
completion.
• 2.8 Grantee shall be responsible for weed control on disturbed areas within the
limits of this Right of Way, and shall be responsible for consultation with the Grantor and/or
local authorities for acceptable weed control methods.
2.9 For construction after Commencement Date of this Right of Way: Prior to
commencement of construction Grantee shall submit and receive Grantor approval for a
plan to restore and rehabilitate disturbed areas remaining once construction has been
completed. The plan shall include, but not be limited to, reseeding, reforestation, erosion
control, and watershed protection measures.

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2.10 For ground disturbance after Commencement Date of this Right of Way: All
rock brought to the surface along with topsoil and overburden from the affected State Trust
lands shall be salvaged and stockpiled separately in a manner that replacement shall utilize
one hundred (100%) percent of the materials upon completion of construction. Excess rock
unsuitable for scattering shall be disposed of in a manner and location that is authorized by
the Grantor.
2.11 Grantee shall maintain the Right of Way grant area in the manner described
above during the term of this easement. Grantee agrees to complete any necessary
restoration and rehabilitation to the satisfaction of the Grantor within ninety (90) days of
written notification of non-compliance, or such longer period of time as mutually determined
to be necessary to restore and/or rehabilitate subject land.
3. ENVIRONMENTAL MATTERS AND INDEMNITY
The following conditions shall supplement the terms and provisions governing
environmental matters as set forth in the Right of Way boiler to which these Conditions are
stated below.
3.1 For purposes of this Right of Way, the term "Environmental Laws" shall
include but not be limited to any relevant federal, state or local environmental laws, and the
regulations, rules and ordinances, relating to environmental matters, and publications
promulgated pursuant to the local, state, and federal laws and any rules or regulations
relating to environmental matters. For the purpose of this Right of Way, the term
"Regulated Substances" shall include but not be limited to substances defined as "regulated
substance", "solid waste", "hazardous waste", "hazardous materials", "hazardous
substances", "toxic materials", "toxic substances", "inert materials", "pollutants", "toxic
pollutants", "herbicides", "fungicides", "rodenticides", "insecticides", "contaminants",
"pesticides", "asbestos", "environmental nuisance", "criminal littering", or "petroleum
products" as defined in Environmental Laws.
3.2 Grantee shall strictly comply with all Environmental Laws, including, without
limitation, water quality, air quality; and handling, transportation, storage, treatment, or
disposal of any Regulated Substance on, under, or from the Subject Land. Without limiting
the foregoing, compliance includes that Grantee shall: (1) comply with all reporting
obligations imposed under Environmental Laws; (2) obtain and maintain all permits
required by Environmental Laws, and provide a copy to Grantor within ten (10) business
days of receipt of the Right of Way; (3) provide copies of all documentation required by
Environmental Laws to Grantor within ten (10) business days of Grantee's submittal and/or

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receipt of the documentation; (4) during the term of Right of Way, provide copies of all
information it receives or obtains regarding any and all environmental matters relating to
the Subject Land, including but not limited to environmental audits relating to the Subject
Land regardless of the reason for which the information was obtained or whether or not the
information was required by Environmental Laws; (5) prevent treatment, storage, disposal,
handling or use of any Regulated Substances within the Subject Land without prior written
authorization from Grantor.
3.3 Grantee at all times shall employ or designate an existing employee (the
"Designated Compliance Officer") who is responsible for knowing all Environmental Laws
affecting Grantee and Grantee's business and monitoring Grantee's continued compliance
with applicable Environmental Laws. Upon request by Grantor, Grantee shall make the
Designated Compliance Officer available to discuss Grantee's compliance, answer any
questions, and provide such reports and confirming information as Grantor may reasonably
request.
3.4 At any time, Grantor may request Grantee to provide an environmental audit
of the Subject Land performed by an Arizona registered professional engineer or an Arizona
registered geologist. Grantee shall pay the entire cost of the audit.
3.5 Hazardous material generated (motor oil, paint, etc.) shall be disposed of
properly or used in a way which will minimize impact on vegetation.
3.6 At any time, during the term of the Right of Way, Grantor may require
Grantee to obtain one Phase I environmental assessment of the Subject Land performed by
an Arizona registered professional engineer or an Arizona registered geologist. If based
upon the Phase I environmental assessment or its own independent investigation, Grantor
identifies any possible violation of Environmental Laws or the terms of this Right of Way,
Grantor may require Grantee to conduct additional environmental assessments as Grantor
deems appropriate for the purpose of ensuring that the Subject Land are in compliance with
Environmental Laws. The Phase I assessment, or any other assessment required by Grantor,
shall be obtained for the benefit of both Grantee and Grantor. A copy of the Phase I report
shall be provided both to Grantee and Grantor. Grantor, in its sole discretion, shall have
the right to require Grantee to perform additional assessments of any damage to the Subject
Land arising out of any violations of Environmental Laws. If Grantee fails to obtain any
assessments required by Grantor, Grantee shall pay the entire costs of any and all
assessments required by Grantor, notwithstanding the expiration or termination of the Right
of Way.

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3.7 Prior to the termination of the Right of Way, Grantee shall restore the Subject
Land by removing any and all Regulated Substances. In addition, the restoration shall
include, but not be limited to, removal of all waste and debris deposited by Grantee. If the
Subject Land or any portions thereof are damaged or destroyed from the existence or
presence of any Regulated Substance or if the Subject Land or any portions thereof are
damaged or destroyed in any way relating to or arising out of the removal, treatment,
storage, disposition, mitigation, cleanup or remedying of any Regulated Substance, Grantee
shall arrange, at its expense, for the repair, removal, remediation, restoration, and
reconstruction to the Subject Land to the original condition existing on the date that Grantee
first occupied the Parcel, to the satisfaction of Grantor. In any event, any damage,
destruction, or restoration by Grantee shall not relieve Grantee from its obligations and
liabilities under this Right of Way. Grantee's restoration obligations under this Section shall
survive the expiration or the termination of the Right of Way.
3.8 Grantee shall defend, indemnify and hold Grantor harmless from and against
any and all liability, obligations, losses, damages, penalties, claims, environmental response
and cleanup costs and fines, and actions, suits, costs, taxes, charges, expenses and
disbursements, including legal fees and expenses of whatever kind or nature (collectively,
"claims" or "damages") imposed on, incurred by, or reserved against Grantor in any way
relating to or arising out of any non-compliance with any Environmental Laws, the existence
or presence of any Regulated Substance, on, under, or from the Subject Land, and any claims
or damages in any way relating to or arising out of the removal, treatment, storage,
disposition, mitigation, cleanup or remedying of any Regulated Substance on, under, or from
the Subject Land by Grantee, its agents, contractors, or subcontractors.
3.9 This indemnity shall include, without limitation, claims or damages arising out
of any and all violations of Environmental Laws regardless of any real or alleged fault,
negligence, willful misconduct, gross negligence, breach of warranty, or strict liability on the
part of any of the indemnitees. This indemnity shall survive the expiration or termination
of this Right of Way and/or transfer of all or any portion of the Subject Land and shall be
governed by the laws of the State of Arizona.
3.10 In the event any action or claim is brought or asserted against Grantor which
is or may be covered by this indemnity, Grantee shall fully participate, at Grantee's expense,
in the defense of the action or claim including but not limited to the following: (1) the conduct
of any required cleanup, removal or remedial actions and/or negotiations, (2) the conduct of
any proceedings, hearings, and/or litigation, and (3) the negotiation and finalization of any

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agreement or settlement. Grantor shall retain the right to make all final decisions concerning
the defense. Grantee's obligations to participate in the defense under this Section shall
survive the expiration or termination of the Right of Way.
4. CULTURAL RESOURCES AND NATIVE PLANTS
4.1 Prior to any ground disturbance in areas not previously subject to a cultural
resources survey, Grantee shall arrange for a permittee of the Arizona State Museum to
inspect the area for cultural, historical, and paleontological remains and submit two copies
and a PDF copy of the inspection report to the Arizona State Land Department Archaeology
Section for review and approval.
4.2 Except for archaeological investigations that are properly authorized under a
project-specific Arizona Antiquities Act permit issued by the Arizona State Museum
pursuant to A.R.S. §41-842, Grantee shall not cause nor allow any ground disturbing activity
within the boundaries of the archaeological site recorded at the Arizona State Museum as
AZ T:7:375(ASM) that has not been subject to phased data recovery, as documented in the
report reviewed herein (Sorrell, 2018), without first obtaining the written permission of
Grantor. Grantee shall provide Grantor with any archaeological plans, studies, or reports
that may be needed for Grantor's use in consultation with the State Historic Preservation
Office.
4.3 If, following receipt of ASLD Cultural Resources Section approval to proceed,
any additional archaeological, paleontological, or historical site or object, or Human remains
or funerary object that is at least fifty years old is discovered during the course of ground
disturbing activities, all work shall cease and the grantee shall notify the Director of the
Arizona State Museum pursuant to A.R.S. §41-844, and Arizona State Land Department
Cultural Resources Section Manager.
4.4 Grantee shall supply Grantor with any documentation required to consult
with the State Historic Preservation Office, as required pursuant to the State Historic
Preservation Act (A.R.S. § 41-861 et seq).
4.5 Prior to any ground disturbance, and at the request of Grantor, Grantee
agrees to conduct and submit a plant inventory/plant salvage plan to the Grantor. Payment
will be required prior to any ground disturbance for any flora cut, removed and/or
destroyed.
4.6 If vegetation is authorized by Grantor to be removed and/or destroyed, and
prior to any ground disturbance, Grantee agrees to file the appropriate Notice of Intent to
Clear Land in accordance with A.R.S. § 3-905 Destruction of Native Plants by State.

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4.7 Grantee shall preserve or relocate all protected plants, if viable and feasible,
on or adjacent to the work site that will not interfere with the work required.
4.8 Grantee shall only remove protected plants when specifically authorized to do
so, and avoid damaging vegetation that will remain in place. If the Grantee or its contractors
are authorized to remove any protected plants from State Trust land for replanting off of
State Trust land, a permit from the Department of Agriculture is required.
4.9 Grantee shall contact the Arizona Department of Agriculture for further
information or permit requirements related to native protected plants.
4.9.1 A survey may be required to determine if protected plants are present
and if plants must be salvaged. Grantee shall contact the Arizona Department of Agriculture
at least sixty (60) days before commencement of any salvage work.
4.10 Grantee shall minimize the removal of existing vegetation within the project
area to the greatest extent possible.
4.11 Grantee shall salvage or replant cactus and other protected plants.
4.12 Grantee is prohibited to blade, scrape or remove any existing vegetation
without authorization from Grantor.
5. SERVICE / ACCESS ROADS
5.1 Grantee shall acquire any permits necessary prior to the construction and
maintenance of its service roads. Grantee shall construct new service roads with widths as
narrow as possible.
5.2 Material for service road construction and maintenance (i.e. fill dirt, sand and
gravel, etc.) may not be acquired from State Trust lands without the proper permits and
authorization.
5.3 Service roads shall be maintained in substantially the same condition as they
exist at the time the Right of Way is issued except, if not drivable, they may be made drivable.
5.4 Grantee shall not fence nor gate the service roads without the prior written
permission of the Grantor.

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5.5 The service roads shall only be used by the Grantee in conjunction with said
Right of Way grant and associated appurtenances.
5.6 Grantee shall avoid using service roads during wet weather or when too soft
to travel over. The soil shall be deemed too wet to adequately support equipment if such
equipment creates ruts in excess of six (6) inches deep.
5.7 Maintenance of the service roads may include dust control measures for the
term of this Right of Way.
6. TEMPORARY CONSTRUCTION EASEMENTS
6.1 Issuance of this Pubic Road Right of Way includes a temporary construction
easement ("T.C.E.") associated with the purpose of this Right of Way.
6.2 The use of the T.C.E. (See EXHIBIT B) shall be allowed for a total onsite
period of 12 months from Commencement Date.
6.3 The T.C.E. shall expire upon the earlier of a.) the finalization of construction
for this Right of Way, or b.) the term use of the site described in Paragraph 6.2 above.
6.4 No equipment will be parked overnight nor any material stored on the T.C.E.
without the prior written approval of the Grantor.
6.5 Fencing of the T.C.E. is not allowed without the prior written approval of the
Grantor.
6.6 All activity on the T.C.E. will be subject to the provisions of this Right of Way
including, but not limited to, restoration of the land impacted by the T.C.E. upon its
expiration as detailed in Section 6.3 of the Boiler Plate.
6.7 Grantee must contact the Grantor in writing if the Grantee requires an
extension of this T.C.E. Any extension of the T.C.E. may require an additional payment.

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7. EXISTING LESSEES
7.1 Grantee shall keep all gates closed and ensure its contractors do the same.
Grantor reserves the right to require cattle guards if Grantor determines gates are being left
open or fencing has been removed or damaged by the Grantee, its employees or contractors.
7.2 Any grazing-related improvements removed or damaged due to construction,
operation and maintenance of this Right of Way shall be replaced and/or reconstructed
immediately. Cost of replacement and reconstruction shall be the responsibility of the
Grantee.
7.3 Grantee shall provide Grantor with documentation of the surface lessee's
consent prior to making any alterations to existing improvements.
7.4 If construction or maintenance occurs during periods of livestock grazing,
Grantee will take necessary measures to insure livestock protection and containment.
7.4.1 Grantee agrees to notify Grazing Lessee(s) 30 days prior to beginning
construction or maintenance, and inquire as to the presence/absence of livestock.
8. MISCELLANEOUS
8.1 The Grantee, or its successors or assigns, shall relocate that portion(s) of the
public road, and any associated appurtenances or portion(s) thereof associated with or
affecting Rights of Way (together, the "Rights of Way"), if any Lessee, Grantee and/or
Permittee of the Leases, Rights of Way and/or Permits determines in its reasonable
discretion that relocation is necessary to effectuate the purpose(s) of Leases, Rights of Way
and/or Permits during the term of this Right of Way. Grantee shall not be responsible for
any costs associated with the relocation of its public road or any associated appurtenances.
8.2 Grantee shall not alter nor cause ponding, nor any damage up or down stream
of any water crossing.
8.3 No altering of existing drainages or drainage structures is authorized under
this instrument.
8.4 If any provision or agreement of this Right of Way is found invalid by any
tribunal, such invalidity shall not affect the validity of the remaining provisions hereof.

1

ADDITIONAL CONDITIONS
16-114720-00-000
Page 10 of 39
8.5 The following provision shall be deemed added at the end of Section 6.2 of
Article 6 of the Right of Way to which these Additional Conditions are attached as if set forth
therein verbatim:
"Any violation by Grantee of any of the terms of this Right of Way constitutes
a breach. Upon a breach by Grantee which is not cured within sixty (60) days
after the date a notice of breach is sent by certified mail to Grantee to the most
recent address for Grantee as shown in the files of Grantor, this Right of Way
shall become void and the right to use the Subject Land and all of the rights of
Grantee hereunder shall revert to Grantor at the expiration of the aforesaid
sixty (60) day period."
8.6 Attached hereto as EXHIBIT C is an insurance rider which shall supplement
the terms and provisions governing insurance as set forth in the Right of Way form to which
these Additional Conditions are attached. Grantor reserves the right to amend EXHIBIT C
as and when the Arizona Department of Administration requires revisions to the insurance
requirements applicable to Arizona State Trust Land.
9. EXHIBITS
9.1 The following exhibits are attached to these Additional Conditions and made
a part hereof:
EXHIBIT A Legal Description and/or Visual Depiction of Right of Way
EXHIBIT B Legal Description and/or Visual Depiction of Temporary
Construction Easement
EXHIBIT C Insurance Rider
BY SIGNATURE BELOW, ALL TERMS ARE
AGREED TO AND ACCEPTED BY GRANTEE
43y:
4)ate:

ADDITIONAL CONDITIONS
16-114720-00-000
Page 11 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
ROADWAY RiGHT OF WAY:
A portion of the East half of Section 13, Township 4 North, Range 1 West, Gila and Salt River Meridian, Maricopa
County, Arizona, being more particularly described as follows:
COMMENCING at the East (Weiler corner of said SeCtion 13 from Which the Northwest cornerof section 18,
Township 4 .Nolh, Range 1 East. bears North 00 degrees 04 minutes 13 secends.West 2639,29 feet;
THENCE along the East line of said:Section 13, South 00 degrees 11 minutes 53 seconds East, 65,17 feet
to the POINT OF BEGINNING;
:THENCE continuing along saki East line, South 00 degrees '11 minutes 53 seconds East, 195.66 feet to the West
quarter corner of Section 18, Township 4 North, Range 1 East;
THENCE South 00 degrees 09 minutes 36 seconds East, 125.11 feet;
THENCE South 89 degrees 50 minutes 24 seconds West, 100.37 feet:.
THENCE North 00 degrees 09 minutes 36 seconds West, 147.70 feet to the beginning of a non-tangent curve, the
center of which bears South 29 degrees.56 minutes 10 seconds West, 1110.00 feet;
THENCE Northwesterly, along the arc of said curve, through a central angle of 07 degrees 31 minutes 29 seconds, for
an arc distance of 145,78 feet to the beginning of a non-tangent line;
THENCE: North 22 degrees 24 minutes 40 seconds East, 16.00 feet to the beginning of a non-tangent curve, the center
of which bears Smith 22 degrees 24 minutes 4O second West, 1125.00 feet;
THENCE Westerly, along the aroof said curve, through a central angle of 22 degrees 26 Minutes 54 .seconds, for an
ArQ di5tance of 440.77 feet;
THENCE South 89 degrees 57 Minutes 46 seconds West, 658.40 feet;
THENCE North 00 degrees 02 minutes 21 seconds West, 9.92 feet;
THENCE North 00 degrees 01 minutes 47 seconds East, 180.08 feet;
THENCE North 89 degrees 56 minutes 17 seconds East, 65.00 feet to the beginning of a non-tangent curve, the center
of which bears North 89 degrees 55 minutes 50 seconds East, 30.00 feet;
THENCE Southeasterly, along the arc of said curve, through a central angle of 89 degrees 58 minutes 04 seconds, for
an are distance of 47.11 feet;
THENCE North 89 degrees 57 minutes 46 seconds East, 263.34 feet;
THENCE North 00 degrees 02. minutes.14 seconds West, 25.00 feet;
THENCE North 89 degrees 57 minutes 46 seconds East, 299.86 feet to the beginning of a tangent curve to the right .
with a radius of 1310;00 feet;
THENCE Easterly, along the are of said curve, through a central angle of 29 degrees 58 minutes 14 seconds, for an
arc distance of685.24 feet to the POINT OF BEGINNING.
The above described parcel contains 258,501 square feet or 5.9344 acres more or Foss.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 12 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
20tState Land Lease
16-107964 Arizond
2007-720358
Stotc
Lind
Avenue A=89°68'04"
L=47..11' R=30.00' =29°58'14"
PB-.4-N89°5550"E R=1310.00'
NEW RNV L=685.24
117th
N00°02 114"W
25.00'
AI89°57'46"E
N89°57'46"E 299.85'
N89°56 65.00' 11 7"E 263.34'
MID SEC LINE LINE
N00°02'21"W • DEER VALLEY ROAD
a 92' S89 057'46"W MATCH
2( 658.40'
NEW RN!
A=22°26'54"
R=1125.00'
L=440.77
nrizond Ri3=822°24'40"W
Stdte.
Lanc

ADDITIONAL CONDITIONS
16-114720-00-000
Page 13 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
Arizond
State
Lanc
A=29°58'14" NOO°04113"W
14=1310.001
L=685.24
DEER 1/444E.y
MID SEC LINE '53"E
LINE
SOO°11
MATCH
'53"E
1
A=22°26154" NEW R/VV S00°1
R=1125,00' N22°2440"E
L=440.77 15.00'
RE3-=S22°24'40'W
4=07°31'29"
R=1110.001
b=145,78'
RB=S29°56'10"W
Arizona
State
Ldno
889°50'24"W
100.371

ADDITIONAL CONDITIONS
16-114720-00-000
Pane 14 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
ROADWAY RIGHT OF WAY:
A portion of the West hoff of the West half of Section 18, Township 4 North, Range 1 East, Gila and Salt River Meridian,
Maricepa County, Arizona, being more particularly described as follows:
BEGINNING at the West quarter comer Of said section 18 from which the East quarter corner of Section 13,
Township 4 North, Range 1 West bears North 00 degrees 11 minutes 53 seconds West, 260.83 feet;
THENCE North 39 degrees 24 minutes 53 seconds East, 175.62 feet;
THENCE South 48. degrees 50 minutes 52 seconds East, 1781.24 feet;
THENCE South 00 degrees 01 minutes 29 seconds West, 132.12 feet to the Southeast corner of the Northwest
quarter of the Southwest quarter (also known as Lot 3) of said Section 18;
THENCE along the South tine of the Northwest quarter of the Southwest quarter of said Section 18,
South 89 degrees 24 minutes 56 seconds West, 15.75 feet;
THENCE North 48 degrees 60 minutes 62 seconds West, 1861.82 feet to the beginning of a tangent curve to the left
With THENCE a radius northwesterly, of1145.00 feet; along the arc of said curve, through a cpntral angle of 06 degrees 17 minutes 54 seconds, for
an arc distance of 125.87 feet to the POINT OF BEGINNING,
The above described parcel contains 208,154 square feet or 4.7785 acres more or less.
EMBANKMENT EASEMENT:
PARCLE 1:
A pottier' of the WeSt half of the West half of Section 18, Township 4 North, Range 1 East, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the West quarter corner of said section 18 from which the East quarter corner of Section 13,
Township 4 North, Range 1 West, bears North 00 degrees 11 minutes 53 seconds West, 260,83 feet;
THENCE North 89 degrees 24 minutes 53 seconds East, 175.62 feet to the POINT OF BEGINNING;
THENCE continuing North 89 degrees 24 Minutes 63 seconds. East, 270.38feet;
THENCE South 48 degrees 50 minutes 52 seconds East, 1422.80 feet;
THENCE South 00 degrees 01 mlnates 27 seconds vvest, 238.97"feet;
11-IENCE North 48 degrees 50 mintites 52 seconds West, 1781.24 feet to the POINT OF BEGINNING,
The above described parcel contains 288,319 square footer 6.6189 acres more or fess.
EMBANKMENT EASEMENT:
PARCEL 2:
A portion of the West half of the West half of Section 1 .8, Township 4 North, Range 1 East, Gila and Salt- River Meridian,
Marlcopa County, Arizona, being more- particularly described as folloWs:
'BEGINNING at the West quarter corner.of said section 18 from which the Eastquarter corner of Section 18,
Township 4 North, Range 1 West, bears North 00 . degrees 11 minutes 5a seconds West, 260.83 feet,
said Point of Beginning being also the beginning of a ounie concave le the Southwest, the center of which bears
.South 34 degrees 51 minutes 14 ebonds West a distance of 114500 feet;
THENCE southeasterly, along the arc of said curve through a central angle of 06 degrees 17 minutes 64 seconds, for
an art -distan'ce of 125.87 feet;
'THENCE South 48 degrees 50 minutes 52 seconds East, 1861.82 feet;
THENCE 'South 89:degrees 24 minutes 56 seconds West, 292.92 feet;
THENCE North 48 .degreee 50. minutes 52 Seconds West, 1603.54 feet:
THENCE North _90 degrees 09 minutes 36 seconds Wet, 25031 feetto the POINT OF BEGINNING.
The above described parcel contains 350,402 square feet or 8.0441 acres more or less.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 15 o139
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
PTN W2, NW4
4.".•
C.,'s7.16qTzps% (LOT 2)
\915.215: ttpClef ,
200-11-004
A.-09'45'03" -N\
RI;1221535.
N89°24'53"E MID SEC LINE
/ N804'53"E\
I 270.38'
N
ARIZONA
STATE
\Aro. LAND
Foo N 6'84
' \ZDZsN
)exse
OC;) ss
N'Psn
Cr7 %Ns
R=1145.00'
L=125.87'
A=06°17'54"
Radial bearing N
from the West quarter corner \
of Section 18=S34 °51'441W
.7"ss, Kds
Os. 00 -
• 3r, • \ 'N-vr
ARIZONA
STATE
LAND

ADDITIONAL CONDITIONS
16-114720-00-000
Page 16 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
ARIZONA
STATE
LAND
ARIZONA
STATE
LAND
PTN SVV4, SW4
(LOT 4)
200-11-003A

ADDITIONAL CONDITIONS
16-114720-00-000
Page 1.7 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
DRAINAGE EASEMENT;
PARCEL 6 (Revised)
A portion of the West half of the West half of Section 18, Township 4 North, Range 1 East, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the West quarter corner of said section 18 from which the East quarter corner of Section 13,
Township 4 North, Range 1 West, bears North 00 degrees 11 Minutes 53 seconds West, 260,83 feet;
THENCE southeasterly, along the arc of a curve with radial bearing of South 34 degrees 51 minutes 14 seconds
West and a radius of 1145.00 feet through a central angle of 06 degrees 17 minutes 54 seconds, for an
arc distance of 125.87 feet;
THENCE South 48 degrees 50 minutes 52 seconds East, 48.49 feet to the POINT OF BEGINNING;
THENCE continuing South 48 degrees 50 minutes 52 seconds East, 128.00 feet;
THENCE South 41 degrees 09 minutes 08 seconds West, 60.50 feet;
THENCE North 48 degrees 50 minutes 52 seconds West, 128.00 feet;
THENCE North 41 degrees 09 minutes 08 seconds East, 60.50 feet to the POINT OF BEGINNING.
The above described parcel contains 7,744 square feet or 0.1778 acres more or loss.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 18 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
PTN W2, NW4
(LOT 2)
200-11-004
MID SEC LINE
ARIZONA
STATE
.C1
R=1145.00'
L.=-125.87'
.A=06°17'84"
Radial bearing
from the west quarter corner
of Sado 18=834°51'14"W

ADDITIONAL CONDITIONS
16-114720-00-000
Page 19 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
ORAINAGE EASEMENTJ:
PARCEL 1 (Revised)
A portion of the West half of the West half of Section 18, Township 4 North, -Range 1 East, Gila and Salt River
Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the West quarter corner Of said section 18 from which the East quarter corner of Section 13,
Township 4 North, Range 1 West, bears North 00 degrees 11 minutes 53 seconds West, 260.83 feet;
THENCE North 89 degrees 24 minutes 53 seconds East, 175.62 feet;
-THENCE South 48 degrees 50 minutes 52 seconds East, 1075.12 feet to the POINT OF BEGINNING;
THENCE North 41 degrees 09 minutes 08 seconds East, 100.00 feet;
THENCE South 48 degrees 50 Minutes 52 seconds East, 120.00 feet;
THENCE South 41 degrees 09 minutes 08 seconds West, 50.00 feet;
THENCE South 48 degrees 50 minutes 62 seconds East, 131.93 feet;
THENCE South 41 degrees 09 minutes 06 seconds West, KOO feet;
THENCE North 48 degrees 50 minutes 52 seconds West, 251.93 feet to the POINT OF BEGINNING.
The above described parcel contains 18,597 square feet or 04269 acres more or less.
DRAINAGE EASEMENT:
PARCEL 5 (Revised)
A portion of the West half of the West half of Section 18, Township 4 North, Range 1 East, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
COMMENCING' at the West quarter corner of said section 18 from which the East quarter Corner of Section 13,
Tewnship 4 North, Range 1 West, bears North 00 degrees 11 minutes 63 seconds West, 260.83 feet;
THENCE southeasterly, along the,arc of a curve with a radial bearing of South 34 degrees 61 minutes 14 seconds
West and a radius of 1145_00 feet through a central angle of 06 degrees 17 minutes 54 seconds ; for an
arc distance of 126,87 feet;
THENCE South 48 degrees 50 minutes 52 seconds East, 1080.56 feet to the POINT OF BEGINNING;
THENCE continuing South 46 degrees 60 minutes 52 seconds East, 261,43 feet;
THENCE South 41 degrees 09 minutes 08 seconds West, 50.00 feet;
THENCE North 48 degrees 50 minutes 52 seconds West, 131.43 feet;
THENCE South 41 degrees 09 minutes 08 seconds West, 50,00 feet;
THENCE North 48 degrees 50 mint.iteS 52 seconds West, 120.00 feet;
THENCE North 41 degrees 09 minutes 05 seconds East, 100.00 feet to the POINT OF BEGINNING,
The above described parcel contains 18,572 square feet or 0.4253 acres more or less.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 20 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
PTN W2, NVV4
(LOT 2)
.C1 . 200-11-004
R=11 .45.0
L=125.87'
AF069754"
Radial bearing
from the West quarter corner
of Section 18=834 °5114W
"t•-•
N MID SEC LINE
N8 24'53"E
I 75:tK
ARIZONA
STATE
LAND
< "s.t.
\ I
44:1(5
Nfz, 0
4/\ Orc -00, **T6
Wcp.:Spe7
tIcl4r 6;*

ADDITIONAL CONDITIONS
16-114720-00-000
Page 21 of 39
EXHIBIT A - LEGAL DESCRIPTION AD/OR VISUAL DEPICTION OF RIGHT OF WAY
DRAINAGE EASEMENT:
PARCEL 2; (Revise)
A portion of the West half of tho West half of Section 18, Township 4 North, Range 1 East, Gila and Salt River
Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING sat. the West quarter corner of said section 18 from which the East quarter corner of - Section 13,
Township 4 North, Range 1 West, boars North 00 degrees 11 minutes,53 seconds West, 26083 feet;
THENCE NOrth 89 degrees 24 minetes 53 seconds East, 175.62 feet;
THENCE South 48 degrees 50 minutes 52 seconds East, 1,466.05 feet to the POINT OF BEGINNING;
THENCE North 41 degrees 09 Minutes 08 seconds East, 50,00 feet;
THENCE South 48 degrees 50 minutes 52 seconds East, 70.00 feet;
THENCE South 41 degrees 00 minutes 08 seconds West, 50.00 feet;
THENCE North 48 degrees 50 minutes 62 seconds West, 70.00 feet to the POINT OF BEGINNING.
The above described parcel cabins 8,500 Square feet or 0,08.03 acres more or less.
DRAINAGE EASEMENT:
PARCEL 4 (Revised)
A portion of the West half of the West half of Section 18, TownShip 4 North Range 1 East, Gila and Salt River Meridian,
Mantopa County, Arizona, being more particularly described as follows:
COMMENCING arthe West quarter corner of said section 18 from which the East quarter corner of Section 13,
Township 4 North, Range 1 West, bears North 00 degrees 11 minutes 53 seconds West, 260.83 feet;
. THENCE southeasterly, along the arc of a curve with a radial bearing of South 34 degrees 51 minutes 14 seconds
West and a radius of 1145,00 feet through a central angle of 06 degrees 17 minutes 54 seconds, for an arc
distance of 125.87 feet;
THENCE South 48 degrees 50 minutes 52 seconds East, 1471.49 feet to the POINT OF BEGINNING;
THENCE continuing South 48 degrees 50 Minutes 62 seconds Est, 70.00 feet;
THENCE South 41 degrees 09 minutes 08 sedonds West, 50,00 feet; .
THENCE North 48 degrees 50 minutes 52 seconds West, 70.00 feet;
THENCE North 41 degrees 09 Minutes 08 seconds East, 50.00 feet to the POINT OF BEGINNING.
The above described parcel contains 3,500 square feet or 0.0803 acres more or less.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 22 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
PTN W2, NW4
(LOT 2)
200-11-004
R=1145.00'
1.=125,137'
50j 7154K
Radial bearing
from the West quarter corner
of Section 18=834°51'14"W
ARIZONA
STATE
LAND
tp
• rcp.
N
• II
N
\ tSN 0c, 77;90
• /* NA/ )e t.,
,Nk‘
eci\ c /
,e)c0 As0><<\
0 .0,
,
d'agoo• b<r‘
R-
41\

ADDITIONAL CONDITIONS
16-114720-00-000
Pan 23 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
DRAINAGE EASEMENT
PARCEL 3:(Revised)
A portion of the West half of the West half of Section 18, Township 4 Noah, Range 1 Eat, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the West quarter corner of said section 18 from which the East quarter corner of Section 13,
Tovvnthip 4 North, Range 1 West, bears North 00 degrees 11 minutes 53 seconds West, 260.83 feet;
THENCE southeasterly, along the arc of a curve with a radial bearing of South 34 degrees 61 minutes 14 seconds
West and a radius of 1145.00 feet through a central angle of 06 degrees 17 minutes 64 Seconds, for an arc
distance of 126.87 feet;
THENCE South 48 degrees 50 minutes 52 seconds East, 1854.99 feet to the POINT OF BEGINNING;
THENCE continuing South 48 degrees 50 minutes 62 seconds East, 6.83 feet;
THENCE South 89 degrees 24 minutes 56 seconds West, 9.15 feet;
THENCE North 41 degrees 09 minutes 08 seconds East, 6.09 feet to the POINT OF BEGINNING.
The above described parcel contains 21 square feet or 0.0005 acres more or loss.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 24 al 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
•TN W2, NW4
(LOT 2)
200-11-004
I MID SEC LINE
ARIZONA
N \ STATE
\ •
N. LAND
\_
R71146,001
ii.4617154 1,F126:137' 11
Radial bearing
fa:01 the West quarter corner
of Section 18L-- SW5114"W
N
/ I6 . 7P(P6, `' o.
N 6 DE3 „ Z(N \
t-----*--/- tag-
889°24'56"W PTN SW4, SW4 1
\
/ 7 (LOT 4)
200-11-003A I

ADDITIONAL CONDITIONS
16414720-00-000
Page 25 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
ROADWAY RIGHT OF WAY:
A potion of the South half of Section 18, Township 4 North, Range 1 East, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
BEGINNING at the South quarter corner of said section 18 from which the Southwest corner of said section
bears South 89 degrees 12 Minutes 13 seconds West, 2827:96 feet;
THENCE South 89 degrees 12 minutes 13 seconds West, 16,98 feet
THENCE North 57 degrees 31 minutes 43 seconds West 153.53 feet
THENCE North 04 degrees 34 minutes 17 seconds West, 108.91 feet;
THENCE North 43 degrees 53 minutes 10 seconds West, 168.73 feet;
THENCE North 79 degrees 48 minutes 41 seconds West, 58.31 feet;
THENCE North 55 degrees 51 minutes 51 seconds West, 327.45 feet;
THENCE South 45 degrees 54 minutes 57 seconds West, 60.21 feet;
THENCE North 47 degrees 55 minutes 04 seconds West, 184.50 feet;
THENCE North 13 degrees 57 minutes. 09 seeends West, 242.60 feet;
THENCE North 41 degrees 09 minutes 08 seConds East, 33,22 feet;
THENCE North 48 degrees 50 minutes 52 seconds West, 272.33 feet;
THENCE South 41 degrees 09 minUtes.08 secOnds West, 97.63 feet;
THENCE North 86 degrees 65 minutes 17 seconds West, 218.74 feet;
THENCE North 00 degrees 01 minutes 28 seconds East, 321:97 feet;
THENCE North 00 degrees 01 minutes 29 seconds East, 146.03 feet;
THENCE North 00 degrees 01 minutes 27 seconds East, 156.05 feet;
THENCE South 85 degrees 52 minutes 46 seconds East, 249,61 feet;
THENCE South 57 degrees 43 minutes 33 seconds East, 104.21 feet;
THENCE South 20 degrees 56 minutes 4$ secOndt East, 160,67 feet;
THENCE South 08 degrees 45 minutes 46‘seconds West, 235.39 feet;
THENCE South 48 degrees 50 minutes 52 seconds East, 274.69 feet;
THENC5 North 41 ,degrees 00 minutes 08 seconds East, 91.27 feet;
THENCE North 70 degrees 52 minutes 08 seconds East, 159.81 feet;
THENCE South 89 degrees 21 minutes23 seconds East, 105.68 feet;
THENCE South 51 degrees 58 minutes 18 seconds East, 111.13 feet;
THENCE South 17 degrees 52 minutes 80 seconds East, 67.56 feet;
THENCE South 46 degrees 19 minutes 18 seconds East, 340.33 feet;
THENCE South 24 degrees 45 minutes 48 seconds West, 177.20 feet;
THENCE South 51 degrees 67 minutes 08 seconds East, 216.31 feet;
THENCE North 39 degrees 43 minutes 56 seconds East, 68.60 feet;
THENCE South 52 degrees 53 minutes 38 seconds East, 88.89 feet;
THENCE South 34 degrees 28 minutes 48seconds West, 72.48 feet;
THENCE SciUth 49 degrees 50 minutes 56 seconds East, 119.57 feet;
THENCE Seuth 6,2 degrees 54 minutes 54 seconds East, 191.73 feet;
THENCE South 74 degrees 03 minutes 38 seconds East, 148.65 feet;
THENCE South 83 degrees 39 Minutes 13 seconds East, 278.02 feet;
THENCE North 89 degrees 12 rniriUtes 13 seconds East, 540:57 feet;
THENCE South 89 degrees 45 minutes 12 seconds East, 23.10 feet;
THENCE South 00 degrees 12 minutes 25 seconds West, 104.59 feet;
THENCE South 89 degrees 12 minutes 13 seconds West, 1341.53 feet to .the POINT OF BEGINNING.
The above described parcel. cOntains. 031,608 SqUare feet or 21.3844 acres mere or less.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 26 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
ROADWAY RIGHT OF WAY:
PARCEL 1:
A Portion of the Nerth half athe Nerth half Of Section 19, Township .4 North, Range 1 East, Gila and salt River
Meridian, Maricopa County, Arizona, being More particularly described as fellows:
THENCE COMMENCING along the at the North Northeast line of corner paid section of said 19, section South 19; 89 degrees 12 minutes 13 seconds West, 1344.27 feet to
the. POINT OF BE.GINNING;
THENCE South 00 degrees 47 minutes 4-7 seconds East, 97,79 feet;
THENCE North 89 degrees 21 mitititeS 48 seconds West, 18,22 feet;
THENCE North 89 degrees 30 minutes 65 seconds West, 11.71 feet;
THENCE North 45 d6grees degrees 04 12 minutes minutes 30 13 seconds seconds West, West, 588.76 16.86 feet; feet to the beginning of a tangent curve to the right
THENCE South 89
with THENCE a radius westerly, of 1285..00 along feet; the arc of said curve, through a central angle Of 1.0 degrees 55 reinutes.33 seconds, for an
THENCE arc distance South of 245.04 10 degrees feet.; 07 minutes 46 seconds West, -10,00 feetto,the beginning of .a non-tangent curve, the
center of which bears North 16 degrees, 07 . minutes 48 seconds East, angle 1295.00 of 11 degrees feet; 09 minutes 25 seconds, for an
THENCE westerly, along the arc of said curve, through a eentral
arc distance of 252.17 feet to line a point North on 89 said degrees North 12 line; minutes 13 seconds East, 1117.30 feet to the POINT
THENCE. along said North
OF BEGINNING.
The above described parcel contains 82,839 square feet or 1.8971 acres more or less,
ROADWAY RIGHT OF WAY:
PARCEL 2:
A portion of the North half of the North half of Section 19, Township 4 North,. Range 1 East, Gila and Salt River
Meridian, Marlowe County, Arizona, being more particularly described as follows:
THENCE COMMENCING 'along the at the North Northeast lino of corner said section of -said 19, sectien South 19; 89 degrees 12 minutes 13 seconds West, 2466.68 feet to
the POINT OF BEGINNING;
THENCE South 18 degrees 26 minutes 20 seconds West, 12.71 feet;
THENCE South 89 degrees 12 minutes 13 seconds West, 211.04 foot;
THENCE North 5'7 degrees 31 minutes 43 seconds West, 21.88 feet to a point on said North line;
THENCE along said North line North 89 degrees 12 minutes 13 seconds East, 233.52 feet to the POINT
OF BEGINNING:
The above described parcel Oontains 2667 square feet or 0.6612 acres More or less ..
TEMPORARY CONSTRUCTION EASEMENT:
A portion of the North half of the North half of Section 19, Township 4 North, Range 1 East, Gila and Salt River
IVIdridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Northeast corner of said section 19;
THENCE along the North line of said section 19, South 89 degrees 12 minutes 13 seconds West, 2461.67
feet to the beginning of a nee-tangent curve, The center of which bears North 21 degrees 17 minutes
THENCE 11 seconds easterly, East, 1296.0Q along the feet; arc of said curve, through a central angle of 07 degrees 14 minutes 38 seconds, for
an arc distance of 163.72 feet to the POINT OF BEGINNING;
THENCE continuing along the arc of said Curve through a central angle of 0$ degrees 06 minutes 64 seconds, for
an arc -distance Of 70A1 feet;
Ti-rGNCE South 18 degrees 34 minutes 14 seconds West, 139.48 feet;
THENCE North 71 degrees 25 minutes 46 seconds West, 70.00•feet;
THENCE North 18 degrees 84 minutes 14 cond$ East, 131,97 feet to the POINT OF BEGINNING.
The above described parcel contains 9,477 square feet . or 0.2176 acres more or less.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 27 of 39
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF WAY
A=03 °08 154"
Rz1295,00'
5,11 L=70.41'
889°12'13"W = 4e1=07°14'38" R=1298.00'
L=163.72'
SEC LINE 233.52' 1117.30'
211.04' EW I'M 2 LINE
N57°31 '43"W S89°12'1.3"W
21.88'
S18°26'20"W
NEW R/W 12.71'! MATCH
\ SIO°07`48"W
10.00'
11=10°55'33"
R=1285.00'
A=11°09'25" L=245.04'
SEC 18 1 11 :ff 21111 IP' R=1296.00' A=00°47'54"
A=11°09'25" \ ( Total Curvo) L=18.04'
R=1295' RB=N10°07 148IF
L=252.17'
SEC LINE I
No°12'13T
5.11'
S89.9 2'13'W
N89°12'12"E
\ 211.04'
.k18°28 120"E
1271'
SEC 19
uJ
ca
N8941211 3"E 1355,93' S89°12 113"W
SEC LINE 134427'
LINE 1117.30' Lc 11145°04'30"W 16.88' co DEER VALLEY ROAD
CO
MATCH S89°12'13"W /588.76' N89°30105W 00°4747"E
NEW CM 11.71' 97,79'
.,A10°5583" N89 °21'48"W
R=1285.00' 18.22'
L=245,04' E--
t--
30

ADDITIONAL CONDITIONS
16-114720-00-000
Page 28 of 39
EXHIBIT B
LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF
TEMPORARY CONSTRUCTION EASE1V1ENT
TEMPORARY CONSTRUCTION EASEMENT:
PARCEL 1
A portion of the South half of Section 18, Township 4 North, Range 1 East, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the South quarter corner of said section 18 from which the South West corner of said section
bears South 89 degrees 12 Minutes 13 seconds West, 2827.96 feet;
THENCE South 89 degrees 12 minutes 13 Seconds West, 18.96 feet;
THENCE North 57 degrees 81 minutes 43 seconds West, 153.53 feet;
THENCE North 04 degrees 34 minutes 17 seconds West, 108.91 feet;
THENCE North 43 degrees 53 minutes 10 seconds West, 168.73 feet;
THENCE North 79 degrees 48 minutes 41 seoonds West, 38,05 feet to the POINT OF BEGINNING;
THENCE South 02 degrees 51 minutes 56 seconds West, 179.19 feet;
THENCE North 87 degrees 08 minutes 04 seconds West, 55.00 feet;
THENCE North 02 degrees 51 minutes 66 seconds East, 113.78 feet;
THENCE North 40 degrees 41 minutes 48 seconds West, 105.80 feet;
THENCE North 11 degrees 22 minutes 48 seconds West, 69.30 feet;
THENCE South 55 degrees 51 minutes 51 seconds East, 146.09 feet;
THENCE South 79 degrees 48 minutes 41 seconds East, 20.26 feet to the POINT OF BEGINNING.
The above described parcel contains 16,149 square feet or 0.3707 acres more or less.
TEMPORARY CONSTRUCTION EASEMENT:
PARCEL 2
A Portion of the South half of Section 18, Township 4 North, Range 1 Fast, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the South quarter corner of said section 18 frorrr which the Southwest corner of said section.
bears South 89 degrees 12 minutes 13 SecondS West; 2827:96 feet;
THENCE South 89 degrees 12 minutes 13 seconds West, 16.96 feet;
THENCE North 57 degrees 31 minutes 43 seconds West, 153.53 feet;
THENCE North 04 degrees 34 minutes 17 seconds West, 108.91 feet;
THENCE North 43 degrees 53 minutes 10 seconds West, 168;73 feet;
THENCE North 78 degrees 48 minutes 41 seconds West, 58:31 feet;
THENCE North 56 degrees 51 minutes 51 seconds West, 327.45 feet;
THENCE South 45 degrees . 84 minutes 57 seconds West, 6021 feet;
THENCE North 47 degrees 65 minutes 04 secondsWest, 184.50 feet;
THENCE North 13 degrees 57 minutes 09 seconds West, 24260 feet;
THENCE North 41 degrees 09 minutes 08 seconds East, 3.3.22 feet;
THENCE North 48 degrees 50 minutes 52 seconds West, 237.33 feet to the POINT OF BEGINNING:
THENCE South 41 degrees 09 minutes 08 seconds West, 114.67 feet;
THENCE North 86 degrees 55 minutes 17 seconds West, 233.92 feet;
THENCE North 00 degrees 01 minutes 28 seconds East, 35.05 feet;
THENCE South 86 degrees 55 minutes 17 seconds East, 218.74 feet;
THENCE North 41 degrees 09 minutes 08 seconds East, 97.63 feet;
THENCE South 48 degrees 50 minutes 52 seconds East, 35.00 feet to the POINT OF BEGINNING.
The above described parcel contains 11,637 square feet or 0.2671 acres more or less.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 29 of 39
EXHIBIT B
LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT:
PARCEL 3
A portion of the South half of Section 18, Township 4 North, Range 1 East, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows;
COMMENCING at the South quarter corner of said section 18 -trait which the Southwest corner of said section
bears South 89 degrees 12 Minutes 18 seconds West, 2827...96 feet;
THENCE South 89 degrees 12 minutes 13 seconds West, 16.96 feet;
THENCE North 57 degrees 31 minutes 43 seconds West 153.53 feet;
THENCE North 04 degrees 34 minutes 17 seconds West, 108.91 feet;
THENCE North 43 degrees 53 minutes 10 seConds West, 168.73 feet
THENCE North 79 degrees 48 minutes 41 seconds West, 58.31 feet;
THENCE North 55 degrees 51 minutes 51 seconds West, 327.45 feet;
THENCE South 45 degrees 54 minutes 57 seconds West, 60.2-1 feet;
THENCE North 47 degrees 55 minutes 04 seconds West, 184.50 feet;
THENCE North 13 degrees 57 minutes 09 seconds West, 242.60 feet;
THENCE North 41 degrees 09 minutes 08 seconds East, 33.22 feet;
THENCE North 48 degrees 50 minutes 52 seconds West, 272.83 feet;
THENCE South 41 degrees 09 minutes 08 seconds West, 97.63 feet;
THENCE North 86 degrees 65 minutes 17 seconds West, 172.58 feet;
THENCE North 22 degrees 20 minutes 20 seconds West, 121.13 feet;
THENCE North 00 degrees 01 minutes 28 seconds East, 212.41 feet;
THENCE North 00 degree's 01 minutes 20 second8 East, 146.03 feet;
THENCE North 00 degrees 01 minutes 27 seconds East, 156,06 feet to the POINT OF BEGINNING;
THENCE continuing North 00 degrees 01 minutes 27 seconds East, 30.08 feet;
THENCE South 85 degrees 52 minutes 46 seconds East, 259.28 feet;
THENCE South 57 degrees 43 Minutes 33 seconds East, 121.70 feet;
THENCE South 2Q degrees 56 minutes 43 seconds East, 178.60 feet;
THENCE South 081 degrees 45 minutes 46 seconds West, 262.37 feet;
THENCE North 48 degrees $0 Minutes 52 seconds West, 35.53 feet;
THENCE North :08 degrees 45 minutes 46 seconds East, 236.39 feet;
THENCE North 20 degrees 5• 43 seconds West, 160.67 feet;
THENCE North 57 degrees 43 minutes 33 seconds West, 104.21 feet;
THENCE North 85 degrees 52 minutes 46 seconds West, 249.61 feet to the POINT OF BEGINNING.
The above described parcel contains 23,576 square feet or 0.5413 acres more or less.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 30 of 39
EXHIBIT B
LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
PARCEL 4
A portien of the South half of Section 18, Township 4 North, Range 1 East, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as fallows
COMMENCING attheSouth quarter corner of said section 18 from which the Southwest corner of said section
boort South 89 degrees 12 minutes 13 secondeWeSt, 2827.96 feet
THENCE South 89 degrees 12 minutes 13 seconds West, 16.96 feet;
THENCE Mirth 57 degrees 31 minutes 43 seconds West, 163.53 feet;
THENCE North 04 degrees 34 minutes 17 secends West, 106.91 feet;
THENCE North 43 degrees 53 minutes 10 seconds West, 158.73 feet;
THENCE North 79 -degrees 48 minutes 41 seconds West, 58.31 feet;
THENCE North 65 degrees 51 minutes 51 seconds.West, 327.45. -feet;
THENCE South. 45 degrees 54 Minutes 57 Seconds West 6021 feet;
THENCE North17 degrees 55 min etes.04 .seconds West, 184.50 feet;
THENCE. North 13 -degrees 57 minutes 09secon-ds -WeSt, 24260 feet;
THENCE. North 41 degrees 09 minutes 08 -seconds East, 33.22 feet;
THENCE North 4g -degrees 50 minutes 52 Seconds West, 272.33feet
THENCE South 41 degrees 09 minutes 08 seconds West, 97,63 feet;
THENCE North 86 degrees 55 minutes 17 secondeWest, 172.58 feet;
THENCE North 22 degrees 20 minutes 29 seconds West, 121.13 feet;
THENCE North 00. degrees 01 minutes 28 seconds East, 212.41 feet;
THENCE North 00 degrees 01 minutes 29 seconds East, 146.03 feet;
THENCE North 00 degrees 01 minutes .27 seconds East, 166.05 feet;
THENCE -South .85 degrees 62 minutes 45 -seconds East, 249.61 feet;
'THENCE South 57 degrees 43 minutes 3g secondsEast, 104..21 feet;
THENCE South 20 - degrees '56 minutes 43 .seeonds East, 16067 feet;
THENCE South 08- degrees 45 minetes 46 seconds West, 235.39 feet;
THENCE South 4 , 50 minutes 62 seconds East, 259;69feet to .the POINT Or BEGINNING;
THENCE North 41 degrees 09 minutes 08 seconds East, 95.26 feet;
THENCE North 70 degrees 52 minutes 08 seconds 'East, 16640 feet;
THENCE South 69 degrees 21 minutes 23 -seconds East, 113.37 feet;
THENCE South 61 degrees 58 minutes 18 seconds East, 120.80 feet;
THENCE South 17 degrees 52 Minutes 30 seconds East, 88.65 feet;
THENCE North' 33 degrees 12 minutes 57 seconds East, 82,41 feet;
THENCE South 56 degrees 41 minutes 03 seconds East, .6000 feet;
THENCE Seuth za degrees 12 minutes 57 seconds West, 75.29 feet;
THENCE .South 14 degrees-24 nlinute.s 44 Seconds 'East, 61,97 feet;
THENCE North 45 degrees 9.minutes 10 seconds West, 114.37 'feet;
THENCE Nerth 17 degrees 52 minutes 30 -seconds West, 67.56 feet
THENCE North 61 degrees. 68 Minutes 18 seconds West, 111.13 feet;
THENCE North 89 degrees 21 minutes 23 seconds -West, 105.68 feet;
THENCE South 70 degrees 52 Minutes 08 seconds West, 159.81 feet;
'THENCE South 41 degrees 09 minutes 08 seconds West, 91.27 feet;
THENCE North 48 degrees 50 minutes '62 .seconds WeSt, 15.00 feet to the POINT OF BEGINNING.
The above described parcel contains 15,246 square feet or 0.3500 sense more or less.

ADDITIONAL CONDITIONS
16414720-00-000
Page 31 of 39
EXHIBIT B
LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT:
PARCELS (ReVised)
A portion of the South half of Section 18, Township 4 North, Range 1 East, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the South quarter corner of said section 18 from which the Southwest corner of said section
bears South 89 degrees 12 minutes 13 seconds West, 2827.96 feet;
THENCE North 89 degrees 12 minutes 13 seconds East, 1341,53 feet;
THENCE North 00 degrees 12 minutes 26 seconds East, 104,59 feet;
THENCE North 89 degrees 45 minutes 12 seconds West, 23,10 feet.
THENCE South 89 degrees 12 minutes 13 seconds West, 540,57 feet;
THENCE North 83 degrees 39 minutes 13 seconds West, 278,02 feet;
THENCE North 74 degrees 03 minutes 38 seconds West, 1.31 feet to the POINT OF BEGINNING;
THENCE continuling North 74 degrees 03 minutes 38 seconds Wt, 100.11 feet;
THENCE North 18 degrees $4 minutes 14 seconds East, 260.03 feet;
THENCE South 71 degrees 25 minutes 46 seconds East, 100.00 feet;
THENCE South 18 degrees 34 minutes 14 seconds West, 255.43 feet to the POINT OF BEGINNING.
The above described parcel contains 25,773 square feet or 0.5917 acres more or less.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 32 of 39
EXHIBIT B
LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF
TEMPORARY CONSTRUCTION EASEMENT
Arizona
E State
Land
)r), . 228' 69. . .. 0,
249'
S85°5046"E
N
'
4--•Tc-90
S48050'52"E
35.53'
-9:(5•PtP
N. 0
‘N,
N ••=. A
q.) ibe
1\185'55717"W CjN
216.74
T C E 2
-2-3 37-9 <d`
cr) N48°50'52W
Arizona
State
Lend

ADDITIONAL CONDITIONS
16-114720-00-000
Page 33 of 39
EXHIBIT B
LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF
TEMPORARY CONSTRUCTION EASEMENT
s1 7'52'30"E
q8,65A-- ---_----_,
/
A i V A.434' (Ii/43 1 ‘C II 1
Arizona
State \\%.. vo-- 61.97' 1
7%11:-'- lx,---'-' ;'-i742i.44 1‘E
Land /
N 1 z
-- .,,
113.37'
76, 1
• 105.88'
'd}.• 6' • s IIiie /
N41 '00108"E 5,171'5-710"E
6'20 , S48°50`52"E
- NEW RIVI
Mil '09'08"E \s
33.22'
N ,5,
....;(.37.,
' ' % ecp,>6> 8' I
S454521157"W . - ..._-*' '..---. Ainv48'41"1/11 ' \
Arizona 60.21' „ 58.31' \
•State . ‘`A 'I )..„..-,
Land L 7 15L 70 A
.4' I .4..) e. ISI
,

ADDITIONAL CONDITIONS
16-114720-00-000
Page 34 of 39
EXHIBIT B
LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF
TEMPORARY CONSTRUCTION EASEMENT
N ‘
N s Arizona
s Nere(0,9. State p.„ 700 •00, •
.0 Land -
t •
q-6-6
NEW! VW 4414
ck
Arc`rn Atr?
414)
0
`5'5/6•°-:
'
-74.°°•-92,9Z' 278..024
889°12'13"W 883°39'13'E
16.96' LINE
SEC LINE
8439°12'13"W 1341.53'
MATCH
Arizona &ea_ Land Lease
State
Land
N89*12`13"E
S83°39'13nE 540.87'
to DEER VALLEY ROAD .,c2
LINE +z)
SEC LINE
889°12'13"W 1341.53'
MATCH 800°1225W
104.59'

ADDITIONAL CONDITIONS
16-114720-00-000
Page 35 of 39
EXHIBIT C
INSURANCE RIDER TO STATE LAND DEPARTMENT
This Rider is attached to and made a part of the above-referenced Right of Way as if
set forth therein verbatim.
R-1 Indemnity. Each party (as "Indemnitor") agrees to indemnify, defend, and
hold harmless the other party (as "Indemnitee") from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "Claims") arising out of bodily injury of any person (including death) or
property damage, but only to the extent that such Claims which result in vicarious/derivative
liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other
fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
In addition, Grantee shall cause its contractor(s) and subcontractors, if ally, to
indemnify, defend, save and hold harmless the State of Arizona, any jurisdiction or agency
issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee")
from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorneys' fees, and costs of claim processing, investigation and
litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury
(including death), or loss or damage to tangible or intangible property caused, or alleged to
be caused, in whole or in part, by the negligent or willful acts or omissions of Grantee's
contractor or any of the directors, officers, agents, or employees or subcontractors of such
contractor. This indemnity includes any claim or amount arising out of or recovered under
the Workers' Compensation Law or arising out of the failure of such contractor to conform
to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances, except for Claims
arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by such contractor from and against any and all claims. It is agreed that such
contractor will be responsible for primary loss investigation, defense and judgment costs
where this indemnification is applicable.
R-2 Insurance Requirements for Any Contractors Used by a Party to this Right of
Way. (Note: this applies only to Contractors used by a governmental entity, not to the
governmental entity itself.) The insurance requirements herein are minimum requirements
and in no way limit the indemnity covenants contained in this Right of Way. The State of
Arizona in no way warrants that the minimum limits contained herein are sufficient to
protect the governmental entity or Contractor from liabilities that might arise out of the
performance of the work under this Right of Way by the Contractor, his agents,
representatives, employees or subcontractors, and Contractor and the governmental entity
are free to purchase additional insurance.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 36 of 39
A. Minimum Scope and Limits of Insurance. Contractor shall provide coverage with
limits of liability not less than those stated below.
1. Commercial General Liability - Occurrence Form.
Policy shall include bodily injury, property damage, personal and advertising injury and
broad form contractual liability.
General Aggregate: $2,000,000.00
Products-Completed Operations Aggregate: $1,000,000.00
Personal and Advertising Injury: $1,000,000.00
Each Occurrence: $1,000,000.00
Blanket Contractual Liability-Written and Oral: $1,000,000.00
Damage to Rented Premises: $ 50,000.00
Each Occurrence $1,000,000.00
The policy shall be endorsed to include the following additional insured language:
"The State of Arizona, its departments, agencies, boards, commissions, universities and its
officers, officials, agents, and employees shall be named as additional insureds with respect
to liability arising out of the activities performed by or on behalf of the Contractor." Such
additional insured shall be covered to the full limits of liability purchased by the Contractor,
even if those limits of liability are in excess of those required by this Right of Way.
Policy shall contain a waiver of subrogation endorsement in favor of the State of
Arizona, its departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or on behalf of
the Contractor.
2. Business Automobile Liability. Bodily Injury and Property Damage for
any owned, hired, and/or non-owned vehicles used in the performance of this Right of Way.
• Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: "The State of Arizona, its departments, agencies, boards, commissions,
universities and its officers, officials, agents, and employees shall be named as additional
insureds with respect to liability arising out of the activities performed by or on behalf of the
Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor".
Such additional insured shall be covered to the full limits of liability purchased by the
Contractor, even if those limits of liability are in excess of those required by this Right of
Way.

ADDITIONAL CONDITIONS
16-114720-00-000
Page 37 of 39
b. Policy shall contain a waiver of subrogation endorsement in favor of
the State of Arizona, its departments, agencies, boards, commissions, universities and its
officers, officials, agents, and employees for losses arising from work performed by or on
behalf of the Contractor.
c. Policy shall contain a severability of interest provision.
IF GRANTEE HAS CERTIFIED IN THE APPLICATION ADDENDUM FOR THIS
RIGHT OF WAY THAT GRANTEE WILL NOT BE ENGAGED IN THE CONDUCT OF
BUSINESS WITHIN THE SUBJECT LAND GRANTEE SHALL NOT BE REQUIRED TO
CARRY THE FOREGOING BUSINESS AUTOMOBILE LIABILITY INSURANCE.
3. Worker's Compensation and Employers' Liability.
Workers' Compensation Statutory
Employers' Liability
Each Accident $ 500,000
Disease — Each Employee $ 500,000
Disease — Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation endorsement in favor of
the State of Arizona, its departments, agencies, boards, commissions, universities and its
officers, officials, agents, and employees for losses arising from work performed by or on
behalf of the Contractor.
b. This requirement shall not apply to: Separately, EACH contractor or
subcontractor exempt under A.R.S. § 23-901, AND when such contractor or subcontractor
executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.
GRANTEE HAS CERTIFIED IN THE APPLICATION ADDENDUM FOR THIS RIGHT
OF WAY THAT GRANTEE WILL NOT BE ENGAGED IN THE CONDUCT OF
BUSINESS WITHIN THE SUBJECT LAND GRANTEE SHALL NOT BE REQUIRED TO
CARRY THE FOREGOING WORKER'S COMPENSATION AND EMPLOYERS'
LIABILITY INSURANCE.
B. Additional Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1. The Contractor's policies shall stipulate that the insurance afforded the
Contractor shall be primary insurance and that any insurance carried by the Department,
its agents, officials, employees or the State of Arizona shall be excess and not contributory
insurance, as provided by A.R.S § 41-621 (E).
2. The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability. Coverage provided by the Contractor shall not be limited to the liability assumed

ADDITIONAL CONDITIONS
16-114720-00-000
Page 38 of 39
under the indemnification provisions of its Contract with the other governmental entity(ies)
party to this Right of Way.
C. Notice of Cancellation. With the exception of (10) day notice of cancellation
for non-payment of premium, any changes material to compliance with this Right of Way in
the insurance policies above shall require (30) days written notice to the State of Arizona.
Such notice shall be sent directly to the Arizona State Land Department, 1616 W. Adams,
Phoenix, Arizona 85007, and shall be sent by certified mail, return receipt requested.
D. Acceptability of Insurers. Contractors insurance shall be placed with
companies duly licensed in the State of Arizona or hold approved non-admitted status on the
Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall
have an "A.M. Best" rating of not less than A- VII or duly authorized to transact Workers'
Compensation insurance in the State of Arizona. The State of Arizona in no way warrants
that the above-required minimum insurer rating is sufficient to protect the Contractor from
potential insurer insolvency.
E. Verification of Coverage. Contractor shall furnish the State of Arizona with
certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as
required by this Right of Way. The certificates for each insurance policy are to be signed by
an authorized representative.
All certificates and endorsements are to be received and approved by the State of
Arizona before work commences. Each insurance policy required by this Right of Way must
be in effect at or prior to commencement of work under this Right of Way and remain in
effect for the duration of the project. Failure to maintain the insurance policies as required
by this Right of Way, or to provide evidence of renewal, is a material breach of contract.
All certificates required by this Right of Way shall be sent directly to the Arizona
State Land Department, 1616 W. Adams, Phoenix, Arizona 85007. The Right of Way
number and project description are to be noted on the certificate of insurance. The State of
Arizona reserves the right to require complete, certified copies of all insurance policies
required by this Right of Way at any time.
F. Subcontractors. Contractor's certificate(s) shall include all subcontractors as
insureds under its policies or Contractor shall furnish to the State of Arizona separate
certificates for each subcontractor. All coverages for subcontractors shall be subject to the
minimum requirements identified above.
G. Approval. Any modification or variation from the insurance requirements in
this Right of Way must have prior approval from the State of Arizona Department of

ADDITIONAL CONDITIONS
16-114720-00-000
Page 39 of 39
Administration, Risk Management Division, whose decision shall be final. Such action will
not require a formal Right of Way amendment, but may be made by administrative action.
H. Exceptions. In the event the Contractor or sub-contractor(s) is/are a public
entity, then the Insurance Requirements shall not apply. Such public entity shall provide a
Certificate of Self-Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona
agency, board, commission, or university then none of the above shall apply.

APPENDIX A
STATE OF ARIZONA LAND DEPARTMENT RUN DATE: 11 June 2018
1616W. ADAMS RUN TIME: 13:56 PM
PHOENIX, AZ 85007 PAGE: 1
KE-LEASE# 016-114720-00-000 APPTYPE: NEW
AMENDMENT#: 0
LAND# LEGAL DESCRIPTION AUS ACREAGE
04.0-N-01 .0-E-18-07-031-9010 M&B THRU LOT 3 E2SW (20.66 ACRES - ROAD) 0.00 36.510
M&B THRU LOT 3 (1.19 ACRES - DRAINAGE)
M&B THRU LOT 3 (14.66 ACRES - EMBANKMENT)
04.0-N-01.0-E-18-07-046-9009 M&B THRU S2SWSE 0.00 5.510
04.0-N-01.0-E-19-07-046-9012 M&B THRU N2NWNE 0.00 1.960
04.0-N-01.0-W-13-07-031-9006 M&B THRU S2SENE N2NESE 0.00 5.930
TOTALS 0.00 49.910

0:6
IN WITNESS HEREOF, the parties hereto have signed this Right of Way effective the day
and year set forth previously herein.
STATE OF ARIZONA, GRANTOR
Arizona State Land Commissioner MARICOPA COUNTY
GRANTEE
By Date /Authorized Signature /Date
/Printed Name /Title
2801 W. Durango Street
(SEAL) Address
Phoenix AZ 85009
City State Zip
ATTEST:
/Clerk, Board of Supervisors /Date
APPROVED AS TO FORM:
/Deputy County Attorney /Date
State/Fed/Political Sub//FC R/W 12/05 Rev. 12/2010 7

GRANTEE'S CERTIFICATE OF CONSTRUCTION
RIGHT OF WAY NUMBER:
NAME OF GRANTEE:
DATE ISSUED:
PERMITTED USE:
LAND DEPARTMENT ADMINISTRATOR:
DATE CONSTRUCTION STARTED:
DATE CONSTRUCTION COMPLETED:
1 hereby certify that the facilities authorized by the State Land Commissioner, were
actually constructed and tested in accordance with the terms of the grant, in compliance
with any required plans and specifications, anti applicable Federal and State laws and
regulations.
Grantee's Signature Date
Title
Return To: Arizona State Land Department
RAY Section
1616 W. Adams Street
Phoenix, AZ 85007
State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev. 12/2010