A1. 360.01.12_P-6113_OG-UE_NULL.PDF
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NW 164N2E 206-40-002B CCC-25-152 WA830746 BDP/SER FLOOD CONTROL DISTRICT OF MARICOPA COUNTY-APS UTILITY EASEMENT FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, (hereinafter called "Grantor"), is the owner of the following described real property located in Maricopa County, Arizona (hereinafter called "Grantor's Property"): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Grantor, for and in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey to ARIZONA PUBLIC SERVICE COMP ANY, an Arizona corporation, (hereinafter called "Grantee"), and to its successors and assigns, a non-exclusive right, privilege, and easement, 8 feet in width or as further described in attached exhibits at locations and elevations, in, upon, over, under, through and across, a portion of Grantor's Property described as follows (herein called the "Easement Premises"): SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF Grantee is hereby granted the right to: construct, reconstruct, replace, repair, operate and maintain electrical lines, together with appmtenant facilities and fixtures for use in connection therewith, for the transmission and distribution of electricity to, through and across Grantor's Property; and install, operate and maintain telecommunication wires, cables, conduits, fixtures and facilities solely for Grantee's own use incidental to supplying electricity (said electrical and telecommunication lines, facilities and fixtures collectively herein called "Grantee Facilities"). Any construction or replacement of electrical lines, or appmtenant facilities or fixtures shall be subject to applicable permitting requirements of the Grantor. Grantee shall at all times have the right of full and free ingress and egress to and along the Easement Premises for the purposes herein specified. Grantee is hereby granted the right, but not the obligation, to trim, prune, cut, and clear away trees, brush, shrubs, or other vegetation on, or adjacent to, the Easement Premises whenever in Grantee's judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. Page 1 of 10 Grantor shall not locate, erect or construct, or permit to be located, erected or constructed, any building or other structure or drill any well within the limits of the Easement Premises; nor shall Grantor plant or permit to be planted any trees within the limits of the Easement Premises without the prior written consent of Grantee. However, Grantor reserves all other rights, interests and uses of the Easement Premises that are not inconsistent with Grantee's easement rights herein conveyed and which do not interfere with or endanger any of the Grantee Facilities, including, without limitation, granting others the right to use all or portions of the Easement Premises for utility or roadway purposes and constructing improvements within the Easement Premises such as paving, sidewalks, landscaping, driveways, and curbing. Notwithstanding the foregoing, Grantor shall not have the right to lower by more than one foot or raise by more than two feet the surface grade of the Easement Premises without the prior written consent of Grantee, and in no event shall a change in the grade compromise Grantee's minimum cover requirements or interfere with Grantee's operation, maintenance or repair. Grantee shall not have the right to use the Easement Premises to store gasoline or petroleum products, hazardous or toxic substances, or flammable materials; provided however, that this prohibition shall not apply to any material, equipment or substance contained in, or a part of, the Grantee Facilities, provided that Grantee must comply with all applicable federal, state and local laws and regulations in connection therewith. Additionally, the Easement Premises may not be used for the storage of construction related materials or to park or store construction-related vehicles or equipment except on a temporary basis to construct, reconstruct, replace, repair, operate, or maintain the Grantee Facilities. By accepting and utilizing this easement, Grantee agrees that following any installation, excavation, maintenance, repair, or other work by Grantee within the Easement Premises, the affected area will be restored by Grantee to as close to original condition as is reasonably practicable, at the expense of Grantee; and that Grantee shall indemnify Grantor, to the extent required by law, for any loss, cost or damage incurred by Grantor as a result of any negligent installation, excavation, maintenance, repair or other work performed by Grantee within the Easement Premises. Grantee shall exercise reasonable care to avoid damage to the Easement Premises and all improvements thereon and agrees that following any installation, excavation, maintenance, repair, or other work by Grantee within the Easement Premises, the affected area, including without limitation, all pavement, landscaping, cement, and other improvements permitted within the Easement Premises pursuant to this easement will be restored by Grantee to as close to original condition as is reasonably possible, at the expense of Grantee. Grantor reserves the right to require the relocation of Grantee Facilities to a new location within Grantor's Property; provided however, that: (1) Grantor pays the reasonable cost of redesigning and relocating Grantee Facilities required as a direct result of the requested relocation; and (2) Grantor provides Grantee with a new easement in a form and location acceptable to Grantee and at no cost to Grantee. Upon the acceptance by Grantee of a new easement and after the relocation of Grantee Facilities to the new easement area, Grantee shall abandon its rights to use the Easement Premises granted in this easement. The easement granted herein shall not be deemed abandoned except upon Grantee's execution and recording of a formal instrument abandoning the easement. Page 2 of 10 If any of Grantee's electric facilities in this easement are not being used or are determined not to be useful, Grantor may request that the facilities that are no longer needed be removed and that pmtion of the easement be abandoned. Grantee will execute and record a formal instrument abandoning the easement, or a portion thereof. Any facilities that are determined to still be needed for Grantee's electrical system can be relocated pursuant to the above relocation requirements. Grantee shall not have the right to transfer, convey or assign its interests in this easement to any individual, corporation, or other entity ( other than to an affiliated entity of Grantee or an entity that acquires from Grantee substantially all of Grantee's electric distribution facilities within the area of Grantor's Propetty) without the prior written consent of Grantor, which consent shall not be unreasonably withheld. Grantee shall notify Grantor of the transfer, conveyance or assignment of any rights granted herein. The covenants and provisions herein set forth shall extend and inure in favor and to the benefit of, and shall be binding on the heirs, administrators, executors, successors in ownership and estate, assigns and lessees of Grantor and Grantee. [THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 3 of 10 IN WITNESS WHEREOF, FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, has caused this Utility Easement to be executed by its duly authorized representative. RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY ,;:;:: L17051DCCBEE54B0 ---------------- • Chief Engineer and General Manager Date MARICOPA COUNTY REAL ESTATE DEPARTMENT [DocuSJgned by: ,-,cp;-... V!l"ector------- Date APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. !,Signed by: L910Fs, ,,_ ,,Wlo .. -. --------------- Flood Control District General Counsel Date: 03/17/2026 Page 4 of 10 03/17/2026 03/17/2026 STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) HEARD AND APPROVED: GRANTOR: FLOOD CONTROL DISTRICT OF MARI COP A COUNTY Chair, Board of Directors Date ATTEST: Clerk of the Board Date 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 Chair, Board of Directors for the Flood Control District of Maricopa County. Given under my band and seal of the office this __ day of _________ 20 __ Notmy Public (signature) Page 5 of 10 EXHIBIT "A" (LEGAL DESCRIPTION OF GRANTOR'S PROPERTY) AS RECORDED IN BOOK 359, PAGE 12 M.C.R. A ONE LOT SUBDIVISION OF PORTIONS OF SECTIONS 15, 16, 21 & 22, T4N- 2E, GILA & SALT RIVER BASE & MERIDIAN, MARICOPA COUNTY, ARIZONA. Page 6 of 10 LEGAL DESCRIPTION FOR FLOOD CONTROL DISTRICT OF MARICOPA COUNTY ARIZONA PUBLIC SERVICE JOB #W A830746 UTILITY EASEMENT September 4, 2025 That part of Section 16, Township 4 North, Range 2 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the Nmihwest Comer of said Section 16, from which the North Quarter Comer of said Section 16 bears, North 89°19'06" East a distance of2,653.85 feet; Thence North 89°19'06" East, along the North line of the Northwest Quarter of said Section 16, a distance of 1,811.57 feet; Thence South 00°40'54" East, departing said North line, a distance of 55.00 feet to the North line of that certain Flood Control District of Maricopa County parcel recorded in Document 1979- 0044098, Maricopa County Records; Thence South 00°40'54" East, departing said North line, a distance of 647.97 feet to .the Point of Beginning; Thence North 87°41'45" East, a distance of 18.25 feet; Thence South 02°18'15" East, a distance of 15.33 feet; Thence South 87°41 '45" West, a distance of 12.47 feet; Thence South 07°34'20" West, a distance of366.70 feet; Thence South 85°19'17" West, a distance of37.96 feet; Thence South 06°13'45" East, a distance of 16.55 feet to a point on the Northeasterly line of a 6-foot utility easement recorded in Document No. 1989-0539442, Maricopa County Records; Thence continuing along said utility easement line the following five (5) courses: Thence North 37°19'48" West, a distance of8.14 feet; Thence North 05°35'1 l" West, distance of 14.22 feet to a comer of said easement; Thence South 84°24'49" West, a distance of 6.00 feet; Thence South 05°35'1 I" East, a distance of 15.92 feet; Thence South 37°19'48" East, a distance of 15.54 feet; Thence South 84°14'40" West, departing said easement line, a distance of 12.44 feet; Thence North 05°45'20" West, a distance of35.08 feet; Page 7 of 10 Sheet 1 of 4 Thence North 83°46'15" East, a distance of 18.35 feet; Thence South 06°13'45" East, a distance of2,76 feet; Thence North 85° 19'17" East, a distance of27.73 feet; Thence North 07°34'20" East, a distance of364.58 feet; Thence North 35°21 '11" East, a distance of 2.22 feet; Thence North 02°18'15" West, a distance of7.94 feet to the Point of Beginning. Containing 3,822 Square Feet or 0.088 Acres, more or less. Page 8 of 10 September 4, 2025 Sheet 2 of4 NW CORNER SECTION 16 P.O.C. PINNACLE PEAK ROAD N89°19'06"E 2653.85' -+--r 181-1-.5-7-, - -T,- --8-4-2.28' 55' R/W jg BK. 359, PG. 12, Ń j N1/4 CORNER MCR ń. SECTION 16 I "'-L - _____tl89°19'06"E - I'-k-_ 2653.09' - - - -} • -'r 1811.20· ;( 841.89' I b. F--. -stlm FLOOD CONTROL DISTRICT OF 0 . r-,..: a I -st (I)_© MARICOPA COUNTY DOC. NO. 1979-0044098, MCR LOT 1 OF "ADOBE DAM" BK. 359, PG. 12, MCR APN 206-40-002B NOTE: IT IS THE INTENT TO BE COINCIDENT WITH THE EXISTING UTILITY EASEMENT WITH NO GAP OR OVERLAP L14 L7 L8---...,Ņ7?1.....,;;.:,,;;'71', L9 I -4- , L 10 L 11 \, ', __________ _ \. -------- 6' UTILITY EASEMEN:--1- DOC. NO. 1989-0539442, MCR ::l Page 9 of 10 LEGEND 1/22/ZZ<l • □ APN MGR R/W P.0.C. P.0.B. EASEMENT AREA MONUMENT LINE PROPERTY LINE EXISTING EASEMENT LINE TIE LINE PROPERTY CORNER MONUMENT ASSESSORS PARCEL NUMBER MARICOPA COUNTY RECORDS RIGHT OF WAY POINT OF COMMENCEMENT POINT OF BEGINNING Oaps EXHIBIT "B" JOB# WA830746 N\(\/1/4 SEC 16 SCALE:NTS R/W: B. PARR DATE: 9/4/2025 T4N R2E INDEX: CCC-25-152 SURVEY: E. COFFEY DRAWN BY: N. STEELS SHEET 3 OF 4 LINE TABLE NO. BEARING L1 N87°41'45"E L2 S02° 18' 1 S"E L3 S87°41'45"W L4 S85°19'17"W LS S06°13'45"E L6 N37°19'48"W L7 N0S035'11 "W L8 S84°24'49"W L9 sos035'11"E L10 S37° 19'48"E L11 S84°14'40"W L12 N0S045'20"W L13 N83°46'15"E L14 S06° 13'45"E L15 N85°19'17"E L16 N35°21'11"E L17 N02°18'15"W LENGTH 18.25' 15.33' 12.47' 37.96' 16.55' 8.14' 14.22' 6.00' 15.92' 15.54' 12.44' 35.08' 18.35' 2.76' 27.73' 2.22' e<edlandsu. ,i "-> \)..'\ \f tCA r f 41r,..o C, ,.. 7.94' 33851 RICHARD G. ALCOCER g,,. 9/4/202- -1 Sinned:,.,,· \>-' <r:r ;vvv Oaps EXHIBIT "B" JOB# WA830746 DATE: 9/4/2025 NW1/4 SEC 16 T4N R2E SCALE: NTS I INDEX: CCC-25-152 R/W: B. PARR SURVEY: E. COFFEY DRAWN BY: N. STEELS I SHEET 4 OF 4 Page 10 of 10