3-15-18 CHID PERMIT MARICOPA COUNTY FINAL.DOCX

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Post Office Box 1306
Albuquerque, New Mexico 87103
In Reply Refer To: LA - Arizona
FWS/R2/NWRS/RE Maricopa County
Cabeza Prieta NWR
Permit (M-21)
C-78-18-_____-___-00
RIGHT-OF-WAY PERMIT
DATE: , 2018
GRANTOR: THE UNITED STATES OF AMERICA, through the Secretary of the
Interior, and his authorized representative, the Regional Director, U.S. Fish and Wildlife
Service, Southwest Region.
GRANTOR’S MAILING ADDRESS: P.O. Box 1306
Albuquerque, NM 87103
PERMITTEE: The County of Maricopa, Arizona
a political subdivision of the State of Arizona
PERMITTEE’S MAILING ADDRESS: Maricopa County
2801 W. Durango Street
Phoenix, Arizona 85009
THE UNITED STATES OF AMERICA, through the Secretary of the Interior, and his authorized
representative, the Regional Director, United States Fish and Wildlife Service, hereinafter
referred to as “Service” and/or “Grantor”, in accordance with applicable authorities and in
accordance with regulations published in 50 CFR 29.21, does hereby grant a right-of-way
(permit) to the County of Maricopa, hereinafter referred to as “Permittee” to use and occupy
certain lands of the Cabeza Prieta National Wildlife Refuge (“Refuge”) to install facilities and
equipment associated with the upgrade of a radio communications system (system) located on
Childs Mountain, Pima County, Arizona.
The upgraded system will tie into the existing countywide communication grid and provide
improved radio communication for Maricopa County employees working along Arizona

Highway 85. It will also provide prompt and reliable communications between Maricopa County
deputies and other Federal, State, and County law enforcement officers in the area. The
communications site is located in the NE 1/4 of projected section 26, Township 11 South, Range
7 West of the Gila and Salt River Base and Meridian, Pima County Arizona, containing 2,902.52
square feet or 0.0666 acres, more or less, and is confined to the existing Arizona Department of
Public Safety (AZDPS) Facilities site as shown and legally described on “EXHIBIT A” (the
“Permitted Area”), which is attached hereto and made a part of this permit.
Permittee’s initial work related to the upgrade project is described and depicted in “EXHIBIT
B” (the “Plans”) attached hereto and made a part of this right-of-way permit, which includes
installation of the following:
(i) Two panel-style land mobile antennas on the existing communications tower
operated by the AZDPS.
(ii) A prefabricated equipment shelter adjacent to the existing AZDPS shelter. The
12’ x 16’ (192 sq. ft.) shelter will be mobile and placed on skids rather than being constructed on
a permanent concrete foundation. A prefabricated above grade concrete stoop by the shelter
entrance will facilitate entry into the shelter. The shelter will be painted with a color to be
determined by the refuge manager to blend in with the surroundings.
(iii) A backup electrical generator and propane fuel tank on separate, above-grade,
prefabricated concrete slabs. The generator and propane tank will be painted with a color to be
determined by the Refuge Manager to blend in with the surroundings and replace the existing
AZDPS generator and fuel tank. The existing AZDPS generator and fuel tank will be removed
from the site by Permittee and delivered to AZDPS.
(iv Approximately 45 ft. of new cable bridge from the Maricopa County
communications shelter to the existing AZDPS tower. The cable bridge support poles will be
placed on above ground prefabricated cement blocks.
(v) A new overhead power line from the existing utility pole to the Maricopa County
communications shelter.
(vi) A lightning protection grounding system, which will be attached to existing above
grade ground leads.
(vii) In addition to the installation of the facilities and equipment list above,
approximately ¼ mile of the east access road leading directly to the AZDPS site will undergo
some leveling and road grading in order to transport the materials and supplies to the site.
The permit is granted for a term of fifty (50) years, or for as long as it is used for the
purpose as described herein, commencing on ___________________ 2018 and terminating
on _________________________, 2068. Grantor and Permittee further agree that, if the
Permittee no longer needs to utilize the Permitted Area for the purposes stated herein, then the

Permittee shall have the right to terminate this permit upon ninety (90) days advance written
notice to Grantor.
This permit is also subject to A.R.S. § 38-511 and may be cancelled pursuant thereto by either
Grantor or Permittee.
This Permit may also be terminated by Permittee at the end of any fiscal year due to non-
appropriation of funds without any penalty or liability to Permittee. County and State fiscal years
end June 30, Federal fiscal year ends September 30.
By accepting this right-of-way permit, Permittee agrees to the following terms and conditions:
1. The Refuge Manager is the coordinating official having immediate jurisdiction over
and administrative responsibility for Refuge lands.
2. The fair market value consideration is waived by the Service’s Regional Director,
Southwest Region, in accordance with the authority contained in 50 CFR 29.21-7 (a).
3. The administrative cost incurred in processing the application and granting this right-
of-way permit is waived by the Regional Director in accordance with the authority contained in
50 CFR 29.21-2(a)(2)(B).
4. To comply with Federal laws applicable to the project for which the right-of-way
permit is granted, and to the lands which are included in the right-of-way permit, and lawful
existing regulations there under.
5. To clear and keep clear the lands within the Permitted Area to the extent and in the
manner directed by the Refuge Manager in charge; and to dispose of all vegetative and other
material cut, uprooted, or otherwise accumulated during any construction or maintenance of the
system in such a manner as to decrease the fire hazard and also in accordance with such
instructions as the Refuge Manager may specify.
6. To prevent the disturbance or removal of any public land survey monument or project
boundary monument unless and until the Permittee has requested and received from the
Service’s Regional Director approval of measures the Permittee will take to perpetuate the
location of aforesaid monument.
7. To take such soil and resource conservation and protection measures, including weed
control on the land covered by the right-of-way permit, as the Refuge Manager may request.
8. To do everything reasonably within its power, both independently and on request of
any duly authorized representative of the United States, to prevent and suppress fires on or near
lands to be occupied under the right-of-way permit, including making available such
construction and maintenance forces as may be reasonably obtainable for the suppression of such
fires.

9. To rebuild and repair such roads, fences, structures, and trails as may be destroyed or
altered by construction work and to build necessary and suitable crossings for all roads and trails
that intersect the system constructed, maintained, or operated under the right-of-way permit.
10. To pay the Grantor the full value for all damages to the lands or other property of the
United States caused by Permittee’s employees, contractors, or employees of the contractors, and
to indemnify the United States, to the extent permitted by law, against any liability for damages
to life, person, or property arising from the occupancy or use of the lands under this right-of-way
permit except where a right-of-way is granted hereunder to a State or other governmental agency
which has no legal power to assume such a liability with respect to damages caused by it to lands
or property, such agency in lieu thereof agrees to repair all such damages.
11. That all or any part of the permit granted may be terminated by the Service’s
Regional Director for failure to comply with any or all of the terms or conditions of the right-of-
way permit, or for abandonment. A rebuttable presumption for abandonment is raised by
deliberate failure of the Permittee to use for any continuous 2-year period the permit for the
purpose for which it was granted or renewed. In the event of non-compliance or abandonment,
the Service’s Regional Director will notify the Permittee in writing of their intention to suspend
or terminate such right-of-way permit sixty (60) days from the date of the notice, stating the
reasons therefor, unless prior to that time the holder completes such corrective actions as are
specified in the notice. The Service’s Regional Director may grant an extension of time within
which to complete corrective actions when, in his judgment, extenuating circumstances not
within the Permittee’s control such as adverse weather conditions, disturbance to wildlife during
breeding periods or periods of peak concentration, or other compelling reasons warrant. Failure
to take corrective action within the sixty (60) day period, or an extension, will result in a
determination by the Service’s Regional Director to suspend or terminate the right-of-way
permit, in which case, an administrative proceeding may be required.
12. To restore the land to a condition as similar to its condition immediately prior to the
Permittee’s entry to the satisfaction of the Service’s Regional Director so far as it is reasonably
possible to do so upon revocation and/or termination of the permit, unless this requirement is
waived in writing by the Service’s Regional Director.
13. To keep the Refuge Manager informed at all times of the name and address of the
County representative that is responsible for managing and overseeing this right-of-way permit,
and, in case of corporations, of the address of its principal place of business and the names and
addresses of its principal officers.
14. That the grant of the right-of-way permit shall be subject to the express condition
that the exercise thereof will not unduly interfere with the management, administration, or
disposal by the United States of the land affected thereby. The Permittee agrees and consents to
the occupancy and use by the United States, its grantees, permittees, or lessees of any part of the
Permitted Area not actually occupied for the purpose of the granted rights to the extent that it
does not interfere with the full and safe utilization thereof by the Permittee The Permittee also
agrees that authorized representatives of the United States shall have the right of access to the
Permitted Area for the purpose of making inspections and monitoring the construction, operation

and maintenance of facilities. After construction is complete, if Grantor desires entry into
secured portions of the Permitted Area, Grantor shall, except in the case of an emergency,
provide forty-eight (48) hours’ advance notice of the entry to Permittee.
15. That the right-of-way permit herein granted shall be subject to the express covenant
that any facility constructed thereon will be modified or adapted, if such is found by the
Service’s Regional Director to be necessary, without liability or expense to the United States, so
that such facility will not conflict with the use and occupancy of the land for any authorized
works which may hereafter be constructed thereon under the authority of the United States.
16. That the right-of-way permit herein granted shall be for the specific use described
herein and may not be construed to indicate the further right to authorize any other use within the
Permitted Area unless approved in writing by the Regional Director.
Please provide a copy of this right-of-way permit to all contractors that may work in the
Permitted Area. All persons working on the Refuge as well as the person signing below are
responsible for abiding by the conditions of this permit. Failure to abide by any or all of
the conditions of this permit could result in fines or stoppage of work on the Refuge.
IN WITNESS WHEREOF, the Parties have hereto signed their names and affixed their
respective seals, on the date first above written.
PERMITTEE:
MARICOPA County
a political subdivision of the State of Arizona
By ___________________________________
Steve Chucri
Chairman, Maricopa County Board of
Supervisors
APPROVED AS TO FORM:
Deputy County Attorney Date

ACKNOWLEDGEMENT
STATE OF ARIZONA )
)
COUNTY OF MARICOPA )
On this _______ day of ________________ 2018, Steve Chucri, Chairman of the Maricopa
County Board of Supervisors, personally appeared before me, and is personally known to me to
be the signer of the foregoing document, and he acknowledged that he, being authorized to do so
in his official capacity, executed the foregoing instrument for the purpose therein contained.
___________________________________
Notary Public
____________________________________
Notary’s Printed Name
My Commission Expires: ______________

GRANTOR:
The United States of America
Department of the Interior
By: __________________________
Regional Director, Southwest Region
U.S. Fish and Wildlife Service
ACKNOWLEDGEMENT
STATE OF NEW MEXICO )
)
COUNTY OF BERNALILLO )
On this _______ day of ________________ 2018, ________________________, personally
appeared before me, who is personally known to me to be the signer of the foregoing document,
and he/she acknowledged that he/she being authorized to do so in his/her official capacity
executed the foregoing instrument for the purpose therein contained.
___________________________________
Notary Public
____________________________________
Notary’s Printed Name
My Commission Expires: ______________

Exhibit “A”
Map of Permitted Area

Exhibit “A” continued
Legal Description of Permitted Area

Exhibit “B”
Plans
PLANS CAN BE VIEWED IN THE
OFFICE OF THE MARICOPA COUNTY
CLERK OF THE BOARD OF SUPERVISORS
301 WEST JEFFERSON STREET, 10TH FLOOR
PHOENIX, ARIZONA 85003