A1 470.04.12_FA025-003A_OG-UE.PDF

When recorded, return to:
Maricopa County

Real Estate Department
2801 West Durango Street
Phoenix, AZ 85009

EXEMPT ARS §11-1134, A2
FCD 1999R016

NON-EXCLUSIVE UTILITY EASEMENT

Project: White Tanks 03 North Inlet Channel 470.04.12
Permit: FRU2500094
Item No.: FA025-003A

This Non-Exclusive Utility Easement is entered into by and between the following parties

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 dated October
24, 2018, for the sum of Seven Hundred Thirty-Three Dollars and no/100 ($733.00), 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 in,
upon, over, under, across, through and along a portion of the premises set forth in instrument
number 20070841207, recorded July 25, 2007 in the official records of Maricopa County
(“Burdened Property”). The granted easement, described on the attached Exhibit “A” (“Easement
Property”), is for the purpose of constructing, operating, repairing, and maintaining underground
electric lines on Flood Control District (FCD) property, and appurtenances thereto (collectively,
the “Facility”), in accordance with FCD Right-of-Way Use Permit No. FRU2500094 (“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
record, or not of record, that could be disclosed by a visual inspection or accurate survey of the

real property.

Page | of 8

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 known as the White Tanks 03 North Inlet Channel (Project). GRANTOR shall
endeavor to use its best efforts to operate and maintain the 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 Burdened 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, at their sole cost and expense, 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
GRANTEPE’S relocation effort has not been completed with 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
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

Project: 470.04.12 White Tanks Page 2 of 8 Permit: FRU2500094
03 North Inlet Channel Item No: FA025-003A

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.

The rights and privileges granted in this Easement are solely for the benefit 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.

Project: 470.04.12 White Tanks Page 3 of 8 Permit: FRU2500094
03 North Inlet Channel Item No: FA025-003A

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY

DocuSigned by:

“Pauh Baugh,

T7DSTDCCBEES4BO.-

Chief Engineer and General Manager

11/13/2025
Date

MARICOPA COUNTY
REAL ESTATE DEPARTMENT

=FO6TZBODSE5D4CT...
Director

11/13/2025
Date

APPROVED AS TO FORM and within the powers
and authority granted under the laws of the State of
Arizona.

Flood Control District General Counsel

Date: 11/13/2025

Project: 470.04.12 White Tanks Page 4 of 8 Permit: FRU2500094
03 North Inlet Channel Item No: FA025-003A

HEARD AND APPROVED:

GRANTOR:

FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY

Chair of the Board

Date

ATTEST :

Clerk of the Board

Date
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 Chair 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)

Project: 470.04.12 White Tanks Page 5 of 8 Permit; FRU2500094
03 North Inlet Channel Item No: FA025-003A

ACCEPTANCE AND APPROVAL

GRANTEE:

ARIZONA PUBLIC SERVICE COMPANY, an
Arizona corporation, and/or its successors and
assigns

‘Signed by:
[UCSTSS0AUGADSAC..
Kaiden Grossi
Its: Supervisor, Land Services

11/13/2025
Date

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA. )

The foregoing instrument was acknowledged before me this 13" day of November 2025, by
Kaiden Grossi, Supervisor, Land Services for Arizona Public Service Company, an Arizona
corporation, and/or its successors and assigns.
DocuSigned by:
gee

Notary Public (signature)

MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 2027

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.

Project: 470.04.12 White Tanks Page 6 of 8 Permit: FRU2500094
03 North Inlet Channel Item No: FA025-003A

Exhibit “A” Easement
Attached to Non-exclusive Utility Easement
August 12, 2025
EXHIBIT “A”
ARIZONA PUBLIC SERVICE — WHITE TANK FOOTHILLS
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
LEGAL DESCRIPTION

A portion of that certain Flood Control District of Maricopa County parcel, as recorded in Document No.
2007-0662489, Records of Maricopa County, Arizona, located in the West Half of Section 33, Township
3 North, Range 2 West, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly
described as follows:

Commencing at the Maricopa County Department of Transportation Brass Cap in hand hole marking the
South Quarter Corner of said Section 33, from which the Southwest Corner of said Section 33 bears
North 89°51'05" West, a distance of 2,640.98 feet;

Thence North 89°51'05" West, along the South line of the Southwest Quarter of said Section 33, a
distance of 60.00 feet, to the Easterly line of said parcel;

Thence North 00°21'35" East, departing said South line, a distance of 63.00 feet, along the aforesaid line
to a point on a line which is parallel with and 63.00 feet Northerly from said South line, being the Point of
Beginning;

Thence North 89°51705” West, along said a parallel line, a distance of 226.00 feet to the West line of said
parcel, also being the Easterly line of “White Tank Vistas”, as recorded in Book 1834 of Maps, Page 4],
Records of Maricopa County, Arizona;

Thence North 00°21°29” East, along said line, a distance of 12.00 feet to a point on a line which is
parallel with and 75.00 feet Northerly from said South line;

Thence South 89°51°05” East, along said parallel line, a distance of 226.00 feet to the Easterly line of said
parcel;

Thence South 00°21°35” West, along said Easterly, a distance of 12.00 feet to the Point of Beginning.

Containing 2,712 Square Feet or 0.062 Acres, more or less.

RICHARD 6,
ALCOCER

Sheet 1 of 2

Project: 470.04.12 White Tanks Page 7 of 8 Permit: FRU2500094
03 North Inlet Channel Item No: FA025-003A

Exhibit “A” continued
Attached to Non-exclusive Utility Easement

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Permit: FRU2500094
Item No: FA025-003A

Page 8 of 8

Project: 470.04.12 White Tanks

03 North Inlet Channel