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When recorded, return to: Flood Control District of Maricopa County 2801 West Durango Street Phoenix, AZ 85009 (MDH) EXEMPT ARS § 11-1134, A2 FCD 1999R016 NON-EXCLUSIVE UTILITY EASEMENT FCD Project: Agua Fria River Channel FCD Parcel Nos.: A-12034 & A-12034-3 Portion of APN: 500-02-013Z FCD Permit No.: 2023P188 This Non-Exclusive Utility Easement is entered into by and between the following parties and becomes effective as of the date of recordation with the Maricopa County Recorder. GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona GRANTEE: ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, and/or its successors and assigns In accordance with GRANTOR’S Board of Directors Resolution 2018R013, for and in consideration of the sum of Twenty-One Thousand Six Hundred Dollars and 00/100 ($21,600.00), and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE a Non-Exclusive Utility Easement (“Easement”) in, upon, over, under, across, through and along the premises described in the attached Exhibit “A” (“Easement Property”) for the purpose of constructing, operating, repairing and maintaining an overhead transmission line and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2023P188 (“FCD Permit”). Said Easement is SUBJECT TO all governmental restrictions which include, but are not limited to, environmental, archaeological, and cultural resource regulations, and all land use regulations, covenants, conditions, restrictions, easements, rights-of-way, and other matters of Page 1 of 9 record, or not of record, that could be disclosed by a visual inspection or accurate survey of the real property. This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to use and access the Easement Property for the purpose of operation and maintenance of the flood control project. GRANTOR shall endeavor to use its best efforts to operate and maintain the flood control project in a manner which will not unreasonably interfere with the GRANTEE’S rights granted by this Easement. GRANTEE assumes all risk of damage to its Facility resulting from the property functioning as a flood control project. In the event that any of GRANTEE’S non-affixed materials, vehicles, equipment, or other personalty, interferes with GRANTOR’S use of the Easement Property, GRANTEE shall, at GRANTOR’S request, and at GRANTEE’S sole expense, eliminate the interference within thirty (30) days of notice from the GRANTOR. In the event the land within the Easement Property is needed to construct, maintain, or relocate any portion of GRANTOR’S flood control project and/or structure, and upon written notification by GRANTOR, GRANTEE shall coordinate the removal or relocation of the Facility through GRANTOR’S right-of-way use permit process comprising review and approval of GRANTEE’S design, construction plan, and contractor selection. Actual construction to remove or relocate such conflicting Facility, or portion(s) thereof, shall begin within thirty (30) days following GRANTOR’S issuance of a right-of-way use permit for such removal/relocation. Upon mutual agreement, the time frame for the start and completion of said work may be extended based on the requirements of the flood control project. If GRANTEE’S relocation effort has not been completed within the mutually agreed time frame and causes GRANTOR to be liable for delay damages, GRANTEE shall reimburse GRANTOR for reasonable damages directly caused by the delay Reimbursement shall be made within sixty (60) days after GRANTEE’S receipt of proof of GRANTOR’S reasonable evidence of a third party’s enforcement of a contractual penalty for said delay. The GRANTEE shall also, at its sole cost and expense, maintain the Easement Property, and GRANTEE’S Facility located within the Easement Property, in a state of good repair and in Page 2 of 9 109.01.12_A-12034_OG-UE a safe condition. The rights granted to GRANTEE herein include the right, but not the obligation, to cut back, trim and remove vegetation now growing, or that may hereafter grow, on the Easement Property, or that may extend over the Easement Property, so as to protect the same from interfering with the maintenance and operation of GRANTEE’S Facility. After the installation of GRANTEE’S Facility in accordance with said FCD Permit, any modification whatsoever to the Easement Property, the Facility, or any appurtenance of GRANTEE located therein, that is not in compliance with said FCD Permit, will require GRANTEE to apply for and obtain a new right- of-way use permit from GRANTOR. GRANTOR will process any such application in accordance with GRANTOR’S right-of-way use permit approval process. GRANTEE agrees to indemnify GRANTOR for any and all damages and costs, including without limitation, reasonable attorney's fees, court costs, and all other expenses relating to the defense of claims or litigation, caused by or arising from the exercise of GRANTEE’S rights pursuant to the terms of this Easement, excepting therefrom any such injury, damage or costs caused by or arising solely from the gross negligence, or actions that are purposeful or undertaken without regard to the consequences, by the GRANTOR, its officers, employees, agents or contractors. In the event GRANTEE fails to install the Facility within the Easement Property, or in the event GRANTEE removes the Facility, or in the event the Facility ceases to function, or in the event of any other event giving evidence to GRANTOR that the GRANTEE has abandoned the use of this Easement, then and in such event, GRANTOR shall notify GRANTEE, in writing, that GRANTOR considers that the Easement has been abandoned. In such event, GRANTEE shall provide confirmation to GRANTOR that the Easement has been abandoned, or in the event GRANTEE shall fail to reply that there has been no intent to abandon the Easement within thirty (30) days of receipt of the aforesaid notice from the GRANTOR, this Easement shall be deemed to be abandoned and GRANTOR shall be permitted to record a termination of this Easement in the public records of Maricopa County. Unless and until such termination is recorded by GRANTOR, this Easement shall remain in full force and effect. Page 3 of 9 109.01.12_A-12034_OG-UE The rights and privileges granted in this Easement are solely for the benefit of GRANTEE to use the Easement Property for the purpose stated herein, and do not include the right to permit and/or grant any other use of the Easement Property to another party. This Easement shall run with the land and is binding on all parties. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 9 109.01.12_A-12034_OG-UE GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: 1/5/2024 Scott Vogel Date Chief Engineer and General Manager REAL ESTATE DEPARTMENT APPROVAL: 1/5/2024 Alex Smith, Director Date Maricopa County Real Estate Department APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. 1/5/2024 Wayne Peck Date District General Counsel Page 5 of 9 109.01.12_A-12034_OG-UE APPROVED AND ACCEPTED: BOARD OF DIRECTORS OF THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Chairman of the Board Date Printed Name: ATTEST Clerk of the Board Date Printed Name: STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) Before me, , Notary Public in and for said County, State of Arizona, on this day personally appeared , known to me to be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of Directors for the Flood Control District of Maricopa County. Given under my hand and seal of the office this day of , 20____. ______________________________ Notary Public (signature) Page 6 of 9 109.01.12_A-12034_OG-UE GRANTEE: ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation ACCEPTANCE AND APPROVAL: By: 1/4/2024 Name: Paul J. Baumgardt Its: Supervisor, Land Services STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 4th day of January 2024, by Paul J. Baumgardt, Land Services Supervisor of Arizona Public Service Company, an Arizona corporation and/or its successors and assigns. Notary Public (signature) Notary Stamp Seal The notary public certifies that appropriate authorization has been issued by the Arizona Secretary of State to allow electronic notarizations or remote online notarization pursuant to A.R.S. § 41-276. This remote notarial act involved the use of communication technology Page 7 of 9 109.01.12_A-12034_OG-UE EXHIBIT “A” Attached to Non-Exclusive Utility Easement Page 8 of 9 109.01.12_A-12034_OG-UE EXHIBIT “A” continued Attached to Non-Exclusive Utility Easement Page 9 of 9 109.01.12_A-12034_OG-UE