C1. 400.03.12 118.01.12_K-006A-FL_OG-AE.PDF
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When recorded, return to: Flood Control District of Maricopa County 2801 West Durango Street Phoenix, AZ 85009 (MDH) Page 1 of 53 EXEMPT ARS § 11-1134, A2 FCD 1999R016 AERIAL EASEMENT FCD Project: Skunk Creek Channel at ACDC Reach 1 and Arizona Canal Diversion Channel Reach 1 FCD Parcel Nos.: K-006A-FL, K-006B- FL, K-006D-FL, K-006-FL, K-009A- FL1, K-010-CH, K-011, T-009, T-009-1, T-012, T-013, T-015, T-015-A, T-016-A, T-017, T-018, and T-019 Portion of APNs: 200-62-022W, 022X, 071C, 200-53-009D, 005C, 011H, 011E, 011G, 014B, 008K, 200-52-002C, 814B, 005B, 021J, 015H, and 015G FCD Permit No.: FRU2400350 This Aerial 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: SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, and/or its successors and assigns In accordance with GRANTOR’S Board of Directors Resolution 2018R013, for and in consideration of the sum of Fifty-One Thousand Two Hundred Fifty dollars and 00/100 ($51,250.00), and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE an easement (“Aerial Page 2 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Easement”) through, within and across portions of premises set forth in instrument numbers 19860624576, recorded November 12, 1986; 19870590229, recorded September 22, 1987; 19860716585, recorded December 26, 1986; 19850285992, recorded June 20, 1985; 19850608291, recorded December 23, 1985; 19810226284, recorded July 07, 1981; 19870551130, recorded September 01, 1987; 19870551131, recorded September 01, 1987; 19940135938, recorded February 17, 1994; 19810389964, recorded November 30, 1981; 19810227787, recorded July 08, 1981, and re-recorded December 15, 1983 as 19830501612; 19870590229 recorded September 22, 1987; 19860630759, recorded November 14, 1986; 19870571396 recorded September 11, 1987 and 19870590231 recorded September 22, 1987 in the official records of Maricopa County (“Burdened Properties”). The Aerial Easement is granted across the vertical air space beginning at fifteen feet (15’) above ground level within the real property described in the attached Exhibit “A” (“Easement Area”) for the purpose of constructing, installing, accessing, reconstructing, replacing, removing, repairing, operating and maintaining: conductors, cables, wires, communication and signal lines; and other appliances, appurtenances, and fixtures (collectively, “Facilities) for the transmission and distribution of electricity, communication signals and data, and for all other purposes connected therewith at such locations and elevations in, across, through and along the Easement Property, as GRANTEE may now or in the future deem convenient or necessary from time to time, in accordance with FCD Right-of-Way Use Permit No. FRU2400350 (“FCD Permit”). The Aerial Easement includes the right of ingress egress through the Burdened Properties for the purpose of exercising the rights granted hereunder. CAUTION: Facilities placed within the Aerial Easement may contain high voltage electrical equipment. Notice is given that any activity performed within the Aerial Easement shall comply with the Arizona Overhead Powerline Safety Law, A.R.S. Sections 40-360.41-45. Said Aerial 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 3 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE This Aerial Easement is, at all times, subject to and subordinate to the rights of GRANTOR to use and access the Burdened Properties 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 Aerial Easement. GRANTEE assumes all risk of damage to its Facilities 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 Burdened Properties, GRANTEE shall, at GRANTOR’S request, and at GRANTEE’S sole expense, eliminate the interference within thirty (30) days of notice from the GRANTOR. GRANTOR maintains and operates a flood control project on the Burdened Properties and over which the Aerial Easement has been granted. GRANTEE shall not impede, interfere or conflict with GRANTOR’S ability to maintain, repair or replace the flood control project, including but not limited to deenergizing the Facilities upon being provided with reasonable advanced notice of such request by GRANTOR. 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 within the Burdened Properties over which the Aerial Easement is granted, so as to protect the same from interfering with the maintenance and operation of GRANTEE’S Facilities. After the installation of GRANTEE’S Facilities in accordance with said FCD Permit, any modification whatsoever to the Aerial Easement, the Facilities, or any appurtenance of GRANTEE located within the Easement Area, 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. The rights and privileges granted in this Aerial Easement are for use by GRANTEE and GRANTEE’S employees, contractors, co-owners, and participants for the purpose stated herein. This Aerial Easement shall run with the land and is binding on all parties, their successors and assigns. Grantee shall have the right to assign the Aerial Easement, in whole or in part, to one or Page 4 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE more assignees and, upon the assignment, any such assignee hereby assumes the rights and obligations of the Grantee hereunder with respect to the portion of the Aerial Easement assigned. GRANTOR shall not use, permit the use of, or grant any licenses, additional easements, or any other rights to use the Easement Area, without the prior written consent of GRANTEE, which may be granted or denied through the exercise of GRANTEE’S sole and absolute discretion. GRANTOR shall not place or permit the placement of improvements, fixtures, trees, shrubs, obstacles or other obstructions within that portion of the Burdened Properties over which the Aerial Easement has been granted (collectively “Obstructions”). GRANTEE shall have the right (but not the obligation) to remove any obstructions within the Easement Area. GRANTOR hereby grants grantee the right of vehicular and pedestrian access over and across Burdened Properties for the purpose of trimming, cutting, or clearing any and all Obstructions encroaching within the Easement Area. The provisions of this instrument are not intended to and do not constitute a public utility easement or any other grant, dedication, or conveyance for public use of the Aerial Easement or Easement Area. GRANTOR represents and warrants that it has full power and authority to grant the Aerial Easement and perform its obligations under this instrument. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 5 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: Paul Baughman, P.E., CFM Date Chief Engineer & General Manager REAL ESTATE DEPARTMENT APPROVAL: Alex Smith Date Director APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. District General Counsel Date 12/11/2024 12/10/2024 12/11/2024 Page 6 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE APPROVED: BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Date Chairman of the Board 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 Chairman of the Board of the Political Subdivision in the foregoing instrument. Given under my hand and seal of the office this day of , 20 . Notary Public (signature) Page 7 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE GRANTEE: SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, and/or its successors and assigns ACCEPTANCE AND APPROVAL: By: Alan J. Jollineau, RPLS, Senior Land Rights Analyst STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 10th day of December 2024, by Alan J. Jollineau, RPLS, Senior Land Rights Analyst for SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, and/or its successors and assigns, on behalf of the GRANTEE. 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. 12/10/2024 Page 8 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - Easement Attached to Non-exclusive Aerial Easement Exhibit “A” - continued Page 9 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Attached to Non-exclusive Aerial Easement Page 10 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 11 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 12 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 13 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 14 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 15 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 16 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 17 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 18 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 19 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 20 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 21 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 22 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 23 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 24 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 25 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 26 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 27 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 28 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 29 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 30 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 31 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 32 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 33 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 34 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 35 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 36 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 37 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 38 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Exhibit “A” - continued Page 39 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Attached to Non-exclusive Aerial Easement Page 40 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 41 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 42 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 43 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 44 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 45 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 46 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 47 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 48 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 49 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 50 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 51 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 52 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement Page 53 of 53 400.03.12 & 118.01.12_K-006A-FL_OG-AE Exhibit “A” - continued Attached to Non-exclusive Aerial Easement