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OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20150360362 05121/2015 02:13
When recorded return to:
Jay I. Moyes, Esq.
Moyes Sellers & Hendricks ELECTRONIC RECORDING
1850 N. Central Ave. #1100
Phoenix, AZ 85004 ED805212015-4-1-1--,N
Resolution 2015- 2
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT )0(V LANDS
WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa County (the "District"):
A. Petitions have been timely and properly filed with the District in sufficient form and substance
pursuant to A.R.S. 48-1721 by the owners of certain lands, the legal description of which lands and the
respective owners of the various parcels thereof are all set forth on the attached Exhibit A hereto,
incorporated herein by this reference. The Petitions request inclusion of said lands in the District. The
Petitions have been accepted by the District, and copies thereof are on file with the District. (Said lands
are collectively referred to herein as the "Unit )0(V Lands"; and the owners of parcels of said lands are
collectively referred to herein as the "Unit )0(V Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on April 20th, 2015, to receive objections, if any, to the Petitions, all in accordance with A.R.S. §§
48-1704 and 48-1721, at which hearing no objections were made to the Petitions. Affidavits of posting
and publication of the notice of hearing are on file with the District. No objections to the Petitions have
been registered with the Board in writing or otherwise.
C. The parcels of Unit XXV Lands covered by the Petitions are, respectively, in a reasonably
compact body and regular form, and not so far removed as to materially increase the cost of service in
the District, inasmuch as District service is rendered by means of electrical or gas transmission and
distribution systems and facilities owned, maintained and operated by third party utilities and not by the
District, and the contractually established rates currently charged the District for District customers' use of
such systems and facilities are not determined on the basis of any distances between the Unit )0(V Lands
and the other lands in the District. It is noted however, that future charges may depend upon the Unit
)0(V Lands' distance from major electrical facilities, and the Unit )0(V Lands will be subject thereto.
D. The Unit ))(V Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXV Lands, which terms and conditions
are related to the peculiar distinguishing facts and characteristics of the Unit )0(V Lands vis a vis other
lands in the District; e.g., the Unit XXV Lands have not paid taxes or assessments since the formation of
the District, and the resource loads of such lands were not included in the historical electric load base
upon which was determined the District's proportionate allocation of Boulder Canyon Project federal
preference hydropower, with its various appurtenant and related rights and contracts from and with the
Arizona Power Authority and the Western Area Power Administration, inter alia, (collectively, the
"Preference Power Rights.") Such equitable terms and conditions of admission are appropriate and
necessary in order to insure that inclusion of the Unit XXV Lands shall not jeopardize or impair the rights
and privileges of the other lands and landowners previously in the District.
NOW, THEREFOR, be it RESOLVED, and it is hereby ORDERED, that the Unit )(XV Lands, as
particularly described on the attached Exhibit A, are collectively, and each parcel thereof is individually,
hereby included in the District, but only expressly upon and subject to such equitable terms and
conditions as the Board determines may be necessary and appropriate to insure that such inclusion of,
and District service to, such lands shall not jeopardize or impair the rights and privileges enjoyed by the
other lands and landowners in the District by virtue of their prior inclusion in the District, including without
limitation the following specific conditions:
CONDITIONS OF INCLUSION:
1. The Unit XXV Lands shall not be liable for any District taxes or assessments levied prior to this
Order of Inclusion, but shall be fully liable in the same manner as all other lands in the District for all taxes
and assessments levied, and obligations incurred, by or for the benefit of the District after the date hereof.
2. Lessees of State-owned lands shall be liable for timely payment of District assessments in lieu
of taxes in the same amounts and at the same times as if such assessments were taxes levied against
such lands, the District's receipt of each installment of which shall be a perpetual condition precedent to
any District obligation to provide service to such lands.
3. All costs incurred by the District, whether before or after the date hereof, related to the
Petitions and any District activities in response thereto, or the consideration or implementation of the
inclusion of the Unit XXV Lands, or the transfer and administration of electrical accounts pursuant to such
inclusion, shall be promptly paid by the Unit )0(V Landowner(s)/ Petitioner(s) in the respective proportions
that each Petitioner's included acreage bears to the total Unit )(XV Lands acreage, upon invoice from the
District.
4. Inclusion of the Unit XXV Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXV Lands or any other lands within or
without the boundaries of the District.
5. The Unit )0(V Lands' priority of access to District power resources shall be expressly
secondary and subordinate to the priority or priorities of all other lands that were in the District prior to the
date hereof. Unit XXV Lands shall be charged for District services under "Block XXV" rates and terms,
which may be substantially more expensive than or otherwise less advantageous than the rates and
terms applicable to service to other lands previously in the District, as determined from time to time by the
Board as necessary or appropriate to insure that the immediate and long-term costs and quality of service
to the lands previously in the District are not adversely affected by inclusion of and service to the Unit
XXV Lands. Such terms may include, but are not limited to, higher deposit requirements, and restrictions
or limitations on participation in certain District programs benefiting District lands, such as a District line
extension program, if any, for reasonable periods of time until sufficient history of reliable payment and
performance within the District has been established, all at the discretion of the Board.
6. The transfer of electrical accounts serving the Unit )0(V Lands may, under applicable laws or
agreements, give rise to certain stranded generation cost obligations payable to Arizona Public Service
Company ("APS"), as the utility previously serving such accounts. The discharge of all such obligations
shall be the sole responsibility of the Unit )0(V Lands and Landowners; and the District may impose
exclusively upon the Unit XXV Lands and Landowners and related accounts various substantial fees or
surcharges, and may modify its normal resource purchasing and scheduling practices in ways that could
increase the costs of service to the Unit )0(V Lands, as deemed reasonably necessary by the Board to
effectively discharge such obligations in a manner not adverse to the other lands and customers in the
District.
7. All responsibilities, relationships and liabilities related to the installation, condition,
maintenance, operation, control, replacement, regulatory compliance or other aspects of the lines,
transformers, motors, pumps, other physical facilities, equipment, operational controls and activities of
APS, the account customer or their respective agents or representatives, related to the Unit XXV Lands
and the accounts and customers thereon, shall remain solely with the owners and operators of the Unit
XXV Lands, respectively. The District shall have no liability for or duty to participate in such relationships
or activities, except as the Board may expressly elect to undertake, at its sole discretion, in the best
interests of all of the District. The Unit XXV Landowners shall be solely responsible for, but shall
coordinate with the District administrator, all on-site activities necessary to physically connect and
maintain service to their accounts through APS facilities in accordance with the District's Rules and
Regulations, the customer's Agreement for Electrical Service, and the District's various contracts with
APS.
8. Service to Unit XXV Lands will be provided only pursuant to a fully executed Agreement for
Electric Service between the District, the Landowner and any other lessee, operator or other party
participating as a customer of the District, in form acceptable to the Board and the District's legal counsel,
and upon satisfaction of all applicable deposit requirements as established by the Board for Block )0(V
accounts.
IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and Order be filed
with the Board of Supervisors, and recorded with the official Recorder, of Maricopa County; and that the
District's officers, administrator, engineers and legal counsel take such other actions as may be
necessary, reasonable and prudent to effect the purposes and intent, and enforce the terms and
conditions of, this Findings, Resolution and Order.
ENTERED AND DATED this 20th day of April , 2015.
The Board of Directors of
Electrical District Number Eight
I hereby certify that the above is a true copy of the Findings, Resolution and Order of the Board of
Directors of Electrical District Number Eight entered and dated April, 20, 2015.
EXHIBIT "A"
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
MARICOPA COUNTY
Stotz Farms Inc, Jagow Family LLC, Paloma Irrigation & Drainage District
APN Acres Legal Description
403-16-021-C 16.40 PT OF SD SEC LY N & E OF OUTSIDE OF N & E BANKS OF
GILLESPIE CANAL EX COMM INTERSEC S RAN LN SP RR
W1 W LN SEC 12 FR WH SW COR SEC 12 BRS S 5191.3 4F
FR WH NW COR SEC 12 BRS N 80.95F N 80D 51M E 100F
SLY OF C/L RR N 325.60F N 80D 51M E 117.36 F TPOB N 80D
51M E 3199.78F S 594.81F E 690.50F N 3D 8M W 700.91F N
80D 51M E 33.18F S 3D 8M 13 43.29F N 84D 21M W 3445.18F
N 78D 27M W 138.89F N 63D 31M W 161.40F N 37D 13M W
185.40F N 35D 2 4M W 166.27F TO POB
401-59-003 .07 The Jagow Well site, 2832 Sq. Ft of the NW4 NW4 NE4 S8 T2S
R5W
The Paloma Irrigation & Drainage District as shown in the
Instrument recorded in Maricopa County Arizona, as 2001-
1208410.
OFFICIAL RECORDS OF
MAR!COPA COUNTY RECORDER
HELEN PURCELL
201.40559730 08/25/2014 08:00
When recorded return to:
Jay I. Moyes, Esq. ELECTRONIC RECORDING
Moyes Sellers & Hendricks
1850 N. Central Ave. #1100 ED808252014-5-1-1--,N
Phoenix, AZ 85004
Resolution 2014- 6
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT XXII LANDS
WHEREAS the following FINDINGS have been duly made by the Board of
Directors (the "Board") of Electrical District Number Eight of Maricopa County (the
"District"):
A. A Petition has been timely and properly filed with the District in sufficient form
and substance pursuant to A.R.S. 48-1721 by the owners of certain lands, the legal
description of which lands and the respective owners of the various parcels thereof are
all set forth on the attached Exhibit A hereto, incorporated herein by this reference. The
Petition requests inclusion of said lands in the District. The Petition has been accepted
by the District, and copies thereof are on file with the District. (Said lands are
collectively referred to herein as the "Unit )(XII Lands"; and the owners of parcels of said
lands are collectively referred to herein as the "Unit XXII Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing
was held by the Board on July 21st, 2014, to receive objections, if any, to the Petition,
all in accordance with A.R.S. §§ 48-1704 and 48-1721, at which hearing no objections
were made to the Petition. Affidavits of posting and publication of the notice of hearing
are on file with the District. No objections to the Petition have been registered with the
Board in writing or otherwise.
C. The parcels of Unit XXII Lands covered by the Petition are, respectively, in a
reasonably compact body and regular form, and not so far removed as to materially
increase the cost of service in the District, inasmuch as District service is rendered by
means of electrical or gas transmission and distribution systems and facilities owned,
maintained and operated by third party utilities and not by the District, and the
1
contractually established rates currently charged the District for District customers' use
of such systems and facilities are not determined on the basis of any distances between
the Unit XXII Lands and the other lands in the District. It is noted however, that future
charges may depend upon the Unit )001 Lands' distance from major electrical facilities,
and the Unit )001 Lands will be subject thereto.
D. The Unit XXII Lands may be equitably included in the District if done so
expressly upon equitable terms and conditions applicable specifically to the Unit )001
Lands, which terms and conditions are related to the peculiar distinguishing facts and
characteristics of the Unit )0(11 Lands vis a vis other lands in the District; e.g., the Unit
XXII Lands have not paid taxes or assessments since the formation of the District, and
the resource loads of such lands were not included in the historical electric load base
upon which was determined the District's proportionate allocation of Boulder Canyon
Project federal preference hydropower, with its various appurtenant and related rights
and contracts from and with the Arizona Power Authority and the Western Area Power
Administration, inter alia, (collectively, the "Preference Power Rights.") Such equitable
terms and conditions of admission are appropriate and necessary in order to insure that
inclusion of the Unit )0(11 Lands shall not jeopardize or impair the rights and privileges of
the other lands and landowners previously in the District.
NOW, THEREFOR, be it RESOLVED, and it is hereby ORDERED, that the
Unit )0(11 Lands, as particularly described on the attached Exhibit A, are collectively,
and each parcel thereof is individually, hereby included in the District, but only expressly
upon and subject to such equitable terms and conditions as the Board determines may
be necessary and appropriate to insure that such inclusion of, and District service to,
such lands shall not jeopardize or impair the rights and privileges enjoyed by the other
lands and landowners in the District by virtue of their prior inclusion in the District,
including without limitation the following specific conditions:
CONDITIONS OF INCLUSION:
1. The Unit XXII Lands shall not be liable for any District taxes or assessments
levied prior to this Order of Inclusion, but shall be fully liable in the same manner as all
other lands in the District for all taxes and assessments levied, and obligations incurred,
by or for the benefit of the District after the date hereof.
2. Lessees of State-owned lands shall be liable for timely payment of District
assessments in lieu of taxes in the same amounts and at the same times as if such
assessments were taxes levied against such lands, the District's receipt of each
installment of which shall be a perpetual condition precedent to any District obligation to
provide service to such lands.
2
3. All costs incurred by the District, whether before or after the date hereof,
related to the Petition and any District activities in response thereto, or the consideration
or implementation of the inclusion of the Unit )0(11 Lands, or the transfer and
administration of electrical accounts pursuant to such inclusion, shall be promptly paid
by the Unit XXII Landowner(s)/ Petitioner(s) in the respective proportions that each
Petitioner's included acreage bears to the total Unit )0(11 Lands acreage, upon invoice
from the District.
4. Inclusion of the Unit )0(11 Lands shall not affect in any manner the water or
water rights appurtenant to or in any way associated with any of the Unit )0(11 Lands or
any other lands within or without the boundaries of the District.
5. The Unit )0(11 Lands' priority of access to District power resources shall be
expressly secondary and subordinate to the priority or priorities of all other lands that
were in the District prior to the date hereof. Unit )0(11 Lands shall be charged for District
services under "Block XXII" rates and terms, which may be substantially more
expensive than or otherwise less advantageous than the rates and terms applicable to
service to other lands previously in the District, as determined from time to time by the
Board as necessary or appropriate to insure that the immediate and long-term costs and
quality of service to the lands previously in the District are not adversely affected by
inclusion of and service to the Unit )0(11 Lands. Such terms may include, but are not
limited to, higher deposit requirements, and restrictions or limitations on participation in
certain District programs benefiting District lands, such as a District line extension
program, if any, for reasonable periods of time until sufficient history of reliable payment
and performance within the District has been established, all at the discretion of the
Board.
6. The transfer of electrical accounts serving the Unit )0(11 Lands may, under
applicable laws or agreements, give rise to certain stranded generation cost obligations
payable to Arizona Public Service Company ("APS"), as the utility previously serving
such accounts. The discharge of all such obligations shall be the sole responsibility of
the Unit XXII Lands and Landowners; and the District may impose exclusively upon the
Unit XXII Lands and Landowners and related accounts various substantial fees or
surcharges, and may modify its normal resource purchasing and scheduling practices in
ways that could increase the costs of service to the Unit )0(11 Lands, as deemed
reasonably necessary by the Board to effectively discharge such obligations in a
manner not adverse to the other lands and customers in the District.
7. All responsibilities, relationships and liabilities related to the installation,
condition, maintenance, operation, control, replacement, regulatory compliance or other
aspects of the lines, transformers, motors, pumps, other physical facilities, equipment,
operational controls and activities of APS, the account customer or their respective
agents or representatives, related to the Unit )0(11 Lands and the accounts and
3
customers thereon, shall remain solely with the owners and operators of the Unit )0(11
Lands, respectively. The District shall have no liability for or duty to participate in such
relationships or activities, except as the Board may expressly elect to undertake, at its
sole discretion, in the best interests of all of the District. The Unit XXII Landowners shall
be solely responsible for, but shall coordinate with the District administrator, all on-site
activities necessary to physically connect and maintain service to their accounts through
APS facilities in accordance with the District's Rules and Regulations, the customer's
Agreement for Electrical Service, and the District's various contracts with APS.
8. Service to Unit XXII Lands will be provided only pursuant to a fully executed
Agreement for Electric Service between the District, the Landowner and any other
lessee, operator or other party participating as a customer of the District, in form
acceptable to the Board and the District's legal counsel, and upon satisfaction of all
applicable deposit requirements as established by the Board for Block XXII accounts.
IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and
Order be filed with the Boards of Supervisors, and recorded with the official Recorder, of
Maricopa County; and that the District's officers, administrator, engineers and legal
counsel take such other actions as may be necessary, reasonable and prudent to effect
the purposes and intent, and enforce the terms and conditions of, this Findings,
Resolution and Order.
51
ENTERED AND DATED this cJ lay of , 2014.
The Board of Directors of
Electrical District Number Eight
Chairman
I hereby certify that the above is a true copy of the Findings, Resolution and Order of
the Board of Directors of Electrical District Number Eight entered and dated
c7/ ,2014.
4
(
EXHIBIT "A"
LEGAL DESCRIPTIONS AND LEGAL OWNERS OF LANDS PETITIONING FOR INCLUSION
rtflaricopa County, Arizona
GDS Farms, LLC
APN ACRES Legal Description
403-45-009A 66.00 N2 NE4 SEC 8 T6S R5W
403-45-00913 10.00 N2 NE4 SEC 8 T6S R5W
5
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20140729724,11/03//2014 04:14
When recorded return to: ELECTRONIC RECORDING
Jay I. Moyes, Esq. 20141103ED8FR0-4-1-1--,N
Moyes Sellers & Hendricks
1850 N. Central Ave. #1100
Phoenix, AZ 85004 sarabriam
Resolution 2014- 7
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT XXIII LANDS
WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa County (the "District"):
A. Petitions has been timely and properly filed with the District in sufficient form and substance
pursuant to A.R.S. 48-1721 by the owners of certain lands, the legal description of which lands and the
respective owners of the various parcels thereof are all set forth on the attached Exhibit A hereto,
incorporated herein by this reference. The Petitions request inclusion of said lands in the District. The
Petitions have been accepted by the District, and copies thereof are on file with the District. (Said lands
are collectively referred to herein as the "Unit XXIII Lands"; and the owners of parcels of said lands are
collectively referred to herein as the "Unit XXIII Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on -October 20th, 2014, to receive objections, if any, to the Petitions, all in accordance with
A.R.S. §§ 48-1704 and 48-1721, at which hearing no objections were made to the Petitions. Affidavits of
posting and publication of the notice of hearing are on file with the District. No objections to the Petitions
have been registered with the Board in writing or otherwise.
C. The parcels of Unit XXIII Lands covered by the Petitions are, respectively, in a reasonably
compact body and regular form, and not so far removed as to materially increase the cost of service in
the District, inasmuch as District service is rendered by means of electrical or gas transmission and
distribution systems and facilities owned, maintained and operated by third party utilities and not by the
District, and the contractually established rates currently charged the District for District customers' use of
such systems and facilities are not determined on the basis of any distances between the Unit XXIII
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit )0011 Lands' distance from major electrical facilities, and the Unit )0(111 Lands will be subject thereto.
D. The Unit )0011 Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit )(XIII Lands, which terms and conditions
are related to the peculiar distinguishing facts and characteristics of the Unit XXIII Lands vis a vis other
lands in the District; e.g., the Unit )0011 Lands have not paid taxes or assessments since the formation of
the District, and the resource loads of such lands were not included in the historical electric load base
upon which was determined the District's proportionate allocation of Boulder Canyon Project federal
preference hydropower, with its various appurtenant and related rights and contracts from and with the
Arizona Power Authority and the Western Area Power Administration, inter alia, (collectively, the
"Preference Power Rights.") Such equitable terms and conditions of admission are appropriate and
necessary in order to insure that inclusion of the Unit XXIII Lands shall not jeopardize or impair the rights
and privileges of the other lands and landowners previously in the District.
NOW, THEREFOR, be it RESOLVED, and it is hereby ORDERED, that the Unit XXIII Lands, as
particularly described on the attached Exhibit A, are collectively, and each parcel thereof is individually,
hereby included in the District, but only expressly upon and subject to such equitable terms and
conditions as the Board determines may be necessary and appropriate to insure that such inclusion of,
and District service to, such lands shall not jeopardize or impair the rights and privileges enjoyed by the
other lands and landowners in the District by virtue of their prior inclusion in the District, including without
limitation the following specific conditions:
CONDITIONS OF INCLUSION:
1. The Unit )0(111 Lands shall not be liable for any District taxes or assessments levied prior to
this Order of Inclusion, but shall be fully liable in the same manner as all other lands in the District for all
taxes and assessments levied, and obligations incurred, by or for the benefit of the District after the date
hereof.
2. Lessees of State-owned lands shall be liable for timely payment of District assessments in lieu
of taxes in the same amounts and at the same times as if such assessments were taxes levied against
such lands, the District's receipt of each installment of which shall be a perpetual condition precedent to
any District obligation to provide service to such lands.
3. All costs incurred by the District, whether before or after the date hereof, related to the
Petitions and any District activities in response thereto, or the consideration or implementation of the
inclusion of the Unit XXIII Lands, or the transfer and administration of electrical accounts pursuant to such
inclusion, shall be promptly paid by the Unit XXIII Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit )0(111 Lands acreage, upon
invoice from the District.
4. Inclusion of the Unit )0(111 Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXIII Lands or any other lands within or
without the boundaries of the District.
5. The Unit XXIII Lands' priority of access to District power resources shall be expressly
secondary and subordinate to the priority or priorities of all other lands that were in the District prior to the
date hereof. Unit )001 Lands shall be charged for District services under "Block )0(111" rates and terms,
which may be substantially more expensive than or otherwise less advantageous than the rates and
terms applicable to service to other lands previously in the District, as determined from time to time by the
Board as necessary or appropriate to insure that the immediate and long-term costs and quality of service
to the lands previously in the District are not adversely affected by inclusion of and service to the Unit
XXIII Lands. Such terms may include, but are not limited to, higher deposit requirements, and restrictions
or limitations on participation in certain District programs benefiting District lands, such as a District line
extension program, if any, for reasonable periods of time until sufficient history of reliable payment and
performance within the District has been established, all at the discretion of the Board.
6. The transfer of electrical accounts serving the Unit )0(11I Lands may, under applicable laws or
agreements, give rise to certain stranded generation cost obligations payable to Arizona Public Service
Company ("APS"), as the utility previously serving such accounts. The discharge of all such obligations
shall be the sole responsibility of the Unit XXIII Lands and Landowners; and the District may impose
exclusively upon the Unit XXIII Lands and Landowners and related accounts various substantial fees or
surcharges, and may modify its normal resource purchasing and scheduling practices in ways that could
increase the costs of service to the Unit XXIII Lands, as deemed reasonably necessary by the Board to
effectively discharge such obligations in a manner not adverse to the other lands and customers in the
District.
7. All responsibilities, relationships and liabilities related to the installation, condition,
maintenance, operation, control, replacement, regulatory compliance or other aspects of the lines,
transformers, motors, pumps, other physical facilities, equipment, operational controls and activities of
APS, the account customer or their respective agents or representatives, related to the Unit )0(111 Lands
and the accounts and customers thereon, shall remain solely with the owners and operators of the Unit
XXIII Lands, respectively. The District shall have no liability for or duty to participate in such relationships
or activities, except as the Board may expressly elect to undertake, at its sole discretion, in the best
interests of all of the District. The Unit XXIII Landowners shall be solely responsible for, but shall
coordinate with the District administrator, all on-site activities necessary to physically connect and
maintain service to their accounts through APS facilities in accordance with the District's Rules and
Regulations, the customer's Agreement for Electrical Service, and the District's various contracts with
APS.
8. Service to Unit XXIII Lands will be provided only pursuant to a fully executed Agreement for
Electric Service between the District, the Landowner and any other lessee, operator or other party
participating as a customer of the District, in form acceptable to the Board and ttie District's legal counsel,
and upon satisfaction of all applicable deposit requirements as established by the Board for Block )0(111
accounts.
IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and Order be filed
with the Board of Supervisors, and recorded with the official Recorder, of Maricopa County; and that the
District's officers, administrator, engineers and legal counsel take such other actions as may be
necessary, reasonable and prudent to effect the purposes and intent, and enforce the terms and
conditions of, this Findings, Resolution and Order.
ENTERED AND DATED this 20th day of October , 2014.
The Board of Directors of
Electrical District Number Eight
I hereby certify that the above is a true copy of the Findings, Resolution and Order of the Board of
Directors of Electrical District Number Eight entered and dated October 20th, 2014.
Setretary
EXHIBIT "A"
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
YUMA COUNTY
Angel Castillo et al.
APN Acres Legal Description
140-26-001 155 S26 T4S R11W NW4 EXC N2 NW4 NE4 NW4 THERE OF(CP
#9717 PER 1961/119 ASLD LETTER ISSUED 8-20-98 FOR
PATENT 7622
140-26-002 5 S26 T4S R11W N2 NW4 NE4 NW4
Vanessa B. Hickman, State Land Commissioner
APN Acres Legal Description
140-27-001 549.09 All of Section 27, T4S, R11W except the W 1500 feet of the NW
quarter (State Lease No. 01-106495).
ICIAL RECORDS OF
IA COUNTY RECORDER
EN PURCELL
4 4,1`.1f
1500 12/18/201411
When recorded return to:
Jay I. Moyes, Esq.
Moyes Sellers & Hendricks
1850 N. Central Ave. #1100 'RONJC RECORDING
Phoenix, AZ 85004 .-ED.8 -12132014-4-1-1-LN
Resolution 2014- .-8 ,
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT XXIV LANDS
WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa County (the "District"):
A. Petitions has been timely and properly filed with the District in sufficient form and substance
pursuant to A.R.S. 48-1721 by the owners of certain lands, the legal description of which lands and the
respective owners of the various parcels thereof are all set forth on the attached Exhibit A hereto,
incorporated herein by this reference. The Petitions request inclusion of said lands in the District. The
Petitions have been accepted by the District, and copies thereof are on file with the District. (Said lands
are collectively referred to herein as the "Unit X)(IV Lands"; and the owners of parcels of said lands are
collectively referred to herein as the "Unit )0(IV Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on November 17th, 2014, to receive objections, if any, to the Petitions, all in accordance with
A.R.S. §§ 48-1704 and 48-1721, at which hearing no objections were made to the Petitions. Affidavits of
posting and publication of the notice of hearing are on file with the District. No objections to the Petitions
have been registered with the Board in writing or otherwise.
C. The parcels of Unit XXIV Lands covered by the Petitions are, respectively, in a reasonably
compact body and regular form, and not so far removed as to materially increase the cost of service in
the District, inasmuch as District service is rendered by means of electrical or gas transmission and
distribution systems and facilities owned, maintained and operated by third party utilities and not by the
District, and the contractually established rates currently charged the District for District customers' use of
such systems and facilities are not determined on the basis of any distances between the Unit )0(IV
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit )0(IV Lands' distance from major electrical facilities, and the Unit )0(IV Lands will be subject thereto.
D. The Unit XXIV Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit .XXIV Lands, which terms and conditions
are related to the peculiar distinguishing facts and characteristics of the Unit )0(IV Lands vis a vis other
lands in the District; e.g., the Unit XXIV Lands have not paid taxes or assessments since the formation of
the District, and the resource loads of such lands were not included in the historical electric load base
upon which was determined the District's proportionate allocation of Boulder Canyon Project federal
preference hydropower, with its various appurtenant and related rights and contracts from and with the
Arizona Power Authority and the Western Area Power Administration, inter alia, (collectively, the
"Preference Power Rights.") Such equitable terms and conditions of admission are appropriate and
necessary in order to insure that inclusion of the Unit XXIV Lands shall not jeopardize or impair the rights
and privileges of the other lands and landowners previously in the District.
NOW, THEREFOR, be it RESOLVED, and it is hereby ORDERED, that the Unit )0(IV Lands,
as particularly described on the attached Exhibit A, are collectively, and each parcel thereof is
individually, hereby included in the District, but only expressly upon and subject to such equitable terms
and conditions as the Board determines may be necessary and appropriate to insure that such inclusion
of, and District service to, such lands shall not jeopardize or impair the rights and privileges enjoyed by
the other lands and landowners in the District by virtue of their prior inclusion in the District, including
without limitation the following specific conditions:
CONDITIONS OF INCLUSION:
1. The Unit XXIV Lands shall not be liable for any District taxes or assessments levied prior to
this Order of Inclusion, but shall be fully liable in the same manner as all other lands in the District for all
taxes and assessments levied, and obligations incurred, by or for the benefit of the District after the date
hereof.
2. Lessees of State-owned lands shall be liable for timely payment of District assessments in lieu
of taxes in the same amounts and at the same times as if such assessments were taxes levied against
such lands, the District's receipt of each installment of which shall be a perpetual condition precedent to
any District obligation to provide service to such lands.
3. All costs incurred by the District, whether before or after the date hereof, related to the
Petitions and any District activities in response thereto, or the consideration or implementation of the
inclusion of the Unit XXIV Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit ))(IV Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit )0(IV Lands acreage, upon
invoice from the District.
4. Inclusion of the Unit )(XIV Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit )(XIV Lands or any other lands within or
without the boundaries of the District.
5. The Unit XXIV Lands' priority of access to District power resources shall be expressly
secondary and subordinate to the priority or priorities of all other lands that were in the District prior to the
date hereof. Unit )0(IV Lands shall be charged for District services under "Block XXIV" rates and terms,
which may be substantially more expensive than or otherwise less advantageous than the rates and
terms applicable to service to other lands previously in the District, as determined from time to time by the
Board as necessary or appropriate to insure that the immediate and long-term costs and quality of service
to the lands previously in the District are not adversely affected by inclusion of and service to the Unit
)0(IV Lands. Such terms may include, but are not limited to, higher deposit requirements, and restrictions
or limitations on participation in certain District programs benefiting District lands, such as a District line
extension program, if any, for reasonable periods of time until sufficient history of reliable payment and
performance within the District has been established, all at the discretion of the Board.
6. The transfer of electrical accounts serving the Unit )(XIV Lands may, under applicable laws or
agreements, give rise to certain stranded generation cost obligations payable to Arizona Public Service
Company ("APS"), as the utility previously serving such accounts. The discharge of all such obligations
shall be the sole responsibility of the Unit )(XIV Lands and Landowners; and the District may impose
exclusively upon the Unit XXIV Lands and Landowners and related accounts various substantial fees or
surcharges, and may modify its normal resource purchasing and scheduling practices in ways that could
increase the costs of service to the Unit XXIV Lands, as deemed reasonably necessary by the Board to
effectively discharge such obligations in a manner not adverse to the other lands and customers in the
District.
7. All responsibilities, relationships and liabilities related to the installation, condition,
maintenance, operation, control, replacement, regulatory compliance or other aspects of the lines,
transformers, motors, pumps, other physical facilities, equipment, operational controls and activities of
APS, the account customer or their respective agents or representatives, related to the Unit )0(IV Lands
and the accounts and customers thereon, shall remain solely with the owners and operators of the Unit
)0(IV Lands, respectively. The District shall have no liability for or duty to participate in such relationships
or activities, except as the Board may expressly elect to undertake, at its sole discretion, in the best
interests of all of the District. The Unit )(XIV Landowners shall be solely responsible for, but shall
coordinate with the District administrator, all on-site activities necessary to physically connect and
maintain service to their accounts through APS facilities in accordance with the District's Rules and
Regulations, the customer's Agreement for Electrical Service, and the District's various contracts with
APS.
8. Service to Unit )0(IV Lands will be provided only pursuant to a fully executed Agreement for
Electric Service between the District, the Landowner and any other lessee, operator or other party
participating as a customer of the District, in form acceptable to the Board and the District's legal counsel,
and upon satisfaction of all applicable deposit requirements as established by the Board for Block )0(IV
accounts.
IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and Order be filed
with the Board of Supervisors, and recorded with the official Recorder, of Maricopa County; and that the
District's officers, administrator, engineers and legal counsel take such other actions as may be
necessary, reasonable and prudent to effect the purposes and intent, and enforce the terms and
conditions of, this Findings, Resolution and Order.
ENTERED AND DATED this 17th day of November , 2014.
The Board of Directors of
Electrical District Number Eight
I hereby certify that the above is a true copy of the Findings, Resolution and Order of the Board of
Directors of Electrical District Number Eight entered and dated November 17th, 2014.
dLp,
EXHIBIT "A"
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
MARICOPA COUNTY
RV 400, LLC
APN Acres Legal Description
400-66-021 78 S30 T2S R1W E2 SE4 EX RD 78 AC