2025-05-12 - PC 1387 -APPLICATION-MCDOT-MARBELLARANCHEASTSIGNED.PDF

BEFORE THE BOARD OF SUPERVISORS 
 
OF 
 
MARICOPA COUNTY, STATE OF ARIZONA 
 
 
In the matter of the Application 
           ) 
 
 
 
 
 
           ) 
                   of  
 
 
           )                     APPLICATION FOR A  
        )                     PUBLIC SERVICE 
        )                     FRANCHISE 
        )                      
 
TO THE HONORABLE BOARD OF SUPERVISORS: 
 
 
The undersigned, a citizen or citizens, and a resident of, or a company doing 
business in Maricopa County, State of Arizona, hereby petitions your body for a Public 
Service Franchise to construct, maintain and operate: 
 
A domestic water distribution system, consisting of pipe lines, meters, 
connections and all necessary equipment, 
 
An irrigation water distribution system, consisting of pipe lines, ditches, 
gates and all necessary equipment, 
 
A sewage system, consisting of lines, connections, manholes and all 
necessary equipment, 
 
Other – Cable TV, Gas, Telephone, etc. (Describe fully below) 
 
 
 
 
 
 
 
 
 
Liberty Utilities (Litchfield Park  
Water & Sewer) Corp. 
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

Ι. 
Your petitioner has made application to the Arizona Corporation Commission for a 
Certificate of Public Convenience and Necessity to exercise the functions of a public utility 
to service to furnish the service described above to persons living within the area 
described above, subject to the laws of the State of Arizona.  If granted franchise, the 
petitioner proposes to engage in and carry on in the business as described above and all 
other things necessary for performing this service to the public in the area. 
OR 
Your petitioner holds a license issued, and is regulated, by the Federal Communications 
Commission to furnish the service described above to persons living within the area 
described above. The petitioner proposes to engage in and carry on in the business as 
described above and all other things necessary for performing this service to the public in 
the area. 
ΙΙ. 
That your petitioner is financially able to undertake installation and performance of this 
service within the area for which this franchise is requested. 
ΙΙΙ. 
That by reason of the facts already stated herein, and because this service is not now 
available to persons now living, or who may live, within the said area hereinbefore 
described, and because of the further fact that services promptly supplied to waiting 
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

customers and prospective applicants will do much to develop and improve the area 
described, your petitioner respectfully petitions your Honorable Board of Supervisors to 
grant this application for a right and franchise from the County of Maricopa, State of 
Arizona.  Petitioner will construct, maintain and operate the aforementioned utility for a 
period to be determined at the hearing on this application, or for a period of one (1) year 
after the franchised area or a portion thereof is annexed by a municipality, whichever is 
shorter, along upon, under and across public highways, roads, alleys, and thoroughfares 
(excepting State highways) within that portion of Maricopa County hereinbefore described. 
Also not within the confines of any incorporated city or town and under such restrictions 
and limitations and under such terms as this Board may provide, not inconsistent with law 
and order and the rules of the Arizona Corporation Commission and that this Board take 
such proceedings herein as provided by the laws of the State of Arizona. 
DATED at Litchfield Park, Arizona, this  day of 
    ,                   2025. 
Signature of officer or authorized representative 
Name: 
 Moses Thompson 
Address: Liberty Utilities 
14920 W.Camelback Rd, 
Litchfield Park, AZ 85340 
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
2/7/2025
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

L i b e r t y  U t i l i t i e s
M a r b e l l a  R a n c h  E a s t
L i t c h f i e l d  P a r k  S e r v i c e  A r e a
L i t c h f i e l d  P a r k ,  A Z
L i b e r t y  U t i l i t i e s
M a r b e l l a  R a n c h  E a s t
L i t c h f i e l d  P a r k  S e r v i c e  A r e a
L i t c h f i e l d  P a r k ,  A Z
Date: 2/5/2025
Document Path: L:\AZ-TX GIS\CTarna\New Service\New_Service_LFP.aprx
Created By:
Cristian Tarna
14920 W CAMELBACK ROAD
LITCHFIELD PARK, AZ 85340
MAIN OFFICE (844) 367-2027
µ
Legend
Scale
GIS Data Disclaimer. LIBERTY DOES NOT WARRANT THE
ACCURACY, COMPLETENESS, CONDITION, SUITABILITY,
PERFORMANCE, OR CURRENCY OF THE GIS DATA PROVIDED
UNDER THIS CONTRACT. AREAS DEPICTED BY GIS DATA ARE
APPROXIMATE, AND NOT GUARANTEED TO BE ACCURATE TO
STANDARDS FOR MAPPING, SURVEYING OR ENGINEERING.
ALTHOUGH EVERY ATTEMPT HAS BEEN MADE TO MAKE THIS
DATA ACCURTE, THIS DATA IS FOR ILLUSTRATIVE PURPOSES
ONLY AND SHOULD NOT BE RELIED UPON FOR SITE-SPECIFIC
PURPOSES.
W Northern Ave
W
Victo
r
y
Bl
vd
N
Verrado
Way
thany Home Rd
Verrado
Golf Club,
the
Victory
Course
W
Ca
n
y
on
Dr
W S
u
nris
e Ln
N V
errado Way
N
V
e
rrado Way
N Verrado Way
W Wester
n D
r
N
Aca
cia
W
a
y
W Main St
N
H
er
ita
ge St
N Village S
t
N Riley R
d
W Wy
cliff Dr
W In
dian
Sc
hool
Rd
N Verrado Way
Buckeye
Commons
N 185th Ave
N Perryville Rd
W Nort
he
r
n
Ave
Northern Ave
W Elm St
N 185th Ave
N 186th Ave
N 186th Ave
W Pierson St
W Bethany Home Rd
W Colter St
W Camelback Rd
W Medlock Dr
W Marshall A
v
e
W Mo
nte
bel
lo
Av
e
N Perryville Rd
N 1
89th Ave
N
189
th
Ave
N Tuthill Rd
N Tuthill Rd
N
195th Ave
N
Sunrise Ln
N Beardsley Canal Rd
N 187th Ave
Canyon View
High School
Beardsley Canal
N
la Mar
o
ma
Dr
W Roma Ave
W Sells Dr
W Indian Scho
ol R
d
W Indian School Rd
W Flower St
N Aca
cia
Way
N Aca
ci
a
Way
W Encanto Blvd
N Perryville Rd
N Perryville Rd
N Perryville Rd
N
199t
h A
ve
N 199th Ave
N 193rd Ave
N 189th Ave
W Minnezona Ave
W
Th
omas Rd
N Tuthill Rd
N
188
th Ave
N Be
verly
P
l
W Osborn Rd
N 1
86
th L
n
W
Ex
e
ter Blvd
N 192nd Ave
N 192nd Ln
W Amelia Ave
W Earll Dr
N 191st Ave
N
M
a
nsfiel
d D
r
Verrado High
School
W McDowell Rd
W Roosevelt St
N 193rd Ave
W Culver St
N Jackrabbit Trl
N 194th Ave
N Perryville Rd
10
N 173rd Ave
W Northern Ave
N
W Orangewood Ave
N 183rd Ave
N 181st Ave
N
N 175th Ave
N 177th Ave
N 182nd Av
e
N 183rd Ave
N 183rd Ave
N Citrus Rd
N Cotton Ln
W Ocotillo Rd
W Bethany Home Rd
W Camelback Rd
W Maryland Ave
W Glendale Ave
W Glendale Ave
N 181st Ave
N 1
8
1st
Ave
W Rose Ln
303
CITRUS PARK
N Citrus Rd
N Cotton Ln
W Thomas Rd
W Indian School Rd
N
S
ed
e
lla
Pkwy
W Minnezon
a
A
ve
C
lubhou
se
Dr
303
303
303
MCMICKEN
W
Latham St
W McDowell Rd
W
G
arf
ie
ld S
t
W Roosevelt St
e
W McDowell Rd
N Citrus Rd
303
10
10
10
W Northern Ave
N Sarival Ave
W State Ave
N Alsup Rd
N Sarival Ave
W Maryland Ave
W Super Sabre St
W Corsair St
W Ocotillo Rd
W Glendale Ave
W Myrtle Ave
N Alsup Rd
W Keds Rd
N Ammo Dr
W Camelback Rd
R
oo
s
evelt Canal
N 144th Ave
W
Mo
nte
Vista
Rd
N
152nd Ave
W Wigwam Blvd
W Edge
m
ont
A
v
e
W V
erde Ln
N Sarival Ave
N
S
a
ri
val Ave
N Fal
co
n
Dr
N 14
6th
Ave
W Ro
anoke
A
ve
N 1
5
0th
Dr
N
150th D
r
W
Enc
an
to Blvd
N Bullard Ave
W Virgin
ia
Av
e
W
Turn
ey
A
ve
N E
a
gl
es
P
a
ss
R
d
W Picc
adilly
R
d
W
Ea
rll Dr
N 1
60th
Av
e
W
Charles Bl
vd
W
Rob
son C
ir N
N
Rob
so
n C
ir
N 1
64th
Ave
W R
o
bs
o
n Cir S
W Indian School
Rd
N Pebble Creek
Pkw
y
Falcon
Retention
PebbleCreek
Roosevelt Canal
ve
W Po
rt
land
St
N 145th
Ave
N
N Estrella
W McDowell R
d
N Sarival Ave
N Bullard Ave
Goodyear
Centerpointe
Portales Park
Bullard Wash
Park Phase 2
W C
or
s
ai
r
St
S
ioux Cir
N Dysart Rd
Northern Pkwy
N
or
th
er
n P
k
wy
N Litchfield Rd
WEBB
Ai
rline Can
al
N 127th Ave
W Stella Ln
W
Missouri
Ave
N 129th Ave
N 139th Dr
N 135th Av
e
W
C
o
lter St
W Bethany Home Rd
W Ocotillo Rd
Navajo
W
S
ola
no Dr
Thunderbird St
N Dysart Rd
N Litchfi
eld Rd
N Litchfield Rd
W Camelback Rd
W Glendale Ave
Roosevelt Canal
N Old Litchfiel
d Rd
N 14
0th A
ve
N 1
42
nd Ln
W
P
a
lm
V
a
l
ley
B
lvd
W Thomas Rd
N
127th
A
ve
N 137th Ave
W
Sonom
a
D
r
N P
a
lm
V
alley
Blv
d
L
as Cru
ce
s
Dr
E Bird Ln
W Encanto Blvd
N
124th Ave
S
an
ta Fe Trl
N Rancho San
ta
F
e B
lvd
N
123rd Dr
N Sa
n
ta Fe
Trl
W Indian Sch
ool
Rd
N
Lit
chfi
eld
Rd
N Litch
fi
eld
R
d
N Dysart Rd
Goodyear
Community Park
Wigwam
Country
Club
Estrella
Mountain
Community
College
LITCHFIELD
PARK
W McDowell Rd
field Rd
N Dysart Rd
10
N 1
09
th Ave
W Northern Ave
Ne
w
River
Agua Fria
Ri
ve
r
N Glen Harbor Blvd
N El Mirage Rd
N El Mirage Rd
N 115th Ave
N Ballpark Blvd
W Glendale Ave
W Camelback Rd
Camelback
Ranch
Glendale
Municipal
Airport
N
111
th A
ve
N
11
2
t
h L
n
N 1
09
t
h Ave
W Campbell Ave
N
108th
Dr
W Encanto Blvd
N
Gard
e
n
Lakes Pkwy
C
ryst
al
G
ar
den
s P
kwy
W Thomas Rd
W
Lakes
hor
e
Dr
N El Mirage Rd
N 119th Ave
W Indian School Rd
W Roosevelt St
D
r
W McDowell Rd
W McDowell Rd
10
10
Avondale
Friendship Park
Litchfield Park
Litchfield Park
Litchfield Park
Litchfield Park
Litchfield Park
L I T C H F I E L D  P A R K
City of Goodyear, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
0
2,500
5,000
1,250
Feet
Litchfield Park
Service Area
Water Only
Sewer Only
Water & Sewer
LPSCO Service Boundary
Litchfield Park
Litchfield Park
Litchfield Park
Esri, NASA, NGA, USGS, City of Glendale, City of Phoenix,
Esri, TomTom, Garmin, SafeGraph, FAO, METI/NASA, USGS,
Bureau of Land Management, EPA, NPS, USFWS
Marbella
Ranch East
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

Exhibit A Includes all documents to support Liberty Utilities (Litchfield Park Water & Sewer) Corp. 
to serve the residents of (Marbella Ranch East): 
Attachments include: 
1)
Marbella Ranch East Legal Description
2)
Marbella Ranch East CC&N
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

Atachment No.1 
Legal DescripƟon for Marbella Ranch East 
 
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 1 WEST OF 
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS 
FOLLOWS: 
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 1, FROM WHENCE AND THE 
NORTHWEST CORNER OF SECTION 1 BEARS NORTH 01˚  22’ 44” WEST(BASIS OF BEARINGS) A DISTANCE 
OF 2637.27 FEET; 
THENCE SOUTH 89˚  20’ 32” EAST ALONG THE EAST-WEST MID-SECTION LINE OF SECTION 1 A DISTANCE 
OF 65.04 FEET TO THE EAST LINE OF THE WEST 65.00 FEET OF THE NORTHWEST QUARTER OF SECTION 1; 
THENCE NORTH 01˚  22’ 44” WEST ALONG SAID EAST LINE A DISTANCE OF 40.03  FEET TO THE POINT OF 
BEGINNING THENCE CONTINUING NORTH  01˚  22’ 44” WEST ALONG SAID EAST LINE A DISTANCE OF 
985.45 FEET TO THE SOUTH LINE OF THAT PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN 
DOCUMENT NO. 2013-1076915, OFFICIAL RECORDS; 
THENCE NORTH 88˚  37’ 16” EAST ALONG SAID SOUTH LINE OF SAID PARCEL A DISTANCE OF 5.21 FEET; 
THENCE NORTH 00˚  05’053” EAST ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 184.22 FEET TO 
THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN FINAL ORDER IN CONDEMNATION RECORDED 
IN DOCUMENT NO. 2016-052973, OFFICIAL RECORD; 
THENCE CONTINUING NORTH 00˚  05’ 53” EAST ALONG THE EAST LINE OF SAID PARCEL AND DISTANCE OF 
118.19 FEET TO SOUTH LINE OF GLO LOT 4 AND THE SOUTH LINE OF THAT PARCEL DESCRIBED IN 
WARRANTY DEED RECORDED IN DOCUMENT NO. 2013-815877, OFFICIAL RECORDS; 
THENCE SOUTH 89˚  06’ 36” EAST ALONG SAID SOUTH LINE A DISTANCE  OF 7.00 FEET; 
THENCE NORTH 00˚  51’ 49” EAST ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 229.76 FEET; 
THENCE NORTH 31˚  52’ 29” EAST ALONG SAID EAST LINE A DISTANCE OF 29.23 FEET TO THE SOUTHEAST 
CORNER OF THAT PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN DOCUMENT NO. 2013-734627, 
OFFICIAL RECORDS; 
THENCE NORTH 01˚  22’ 44” WEST ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 59.52 FEET; 
THENCE NORTH 46˚  22’ 44” WEST ALONG THE EAST LINE OF SAID PARCEL A DISTANCE  OF 26.87 FEET; 
THENCE NORTH 01˚  22’ 44” WEST ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 209.78 FEET TO 
THE NORTHWEST  OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN DOCUMENT NO. 2021-
826412, OFFICIAL RECORDS; 
THENCE SOUTH 89˚  06’ 37” EAST ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 1231.05 FEET 
TO THE EAST LINE OF GLO LOT 4; 
THENCE CONTINUING SOUTH 89˚  06’ 37” EAST A DISTANCE  OF 238.05 FEET; 
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

THENCE SOUTH 22˚  59’ 57” WEST  A DISTANCE OF 585.16 FEET TO THE SOUTHEAST CORNER OF GLO LOT 
4; 
THENCE SOUTH 00˚  59’ 31” EAST A DISTANCE OF 1322.93 FEET TO THE SOUTH LINE OF THE NORTHWEST 
QUARTER OF SECTION 1; 
THENCE NORTH 89˚  20’ 32” WEST ALONG SAID SOUTH LINE A DISTANCE OF 218.64 FEET; 
THENCE NORTH 01˚  22’ 44” WEST A DISTANCE OF 40.03 FEET TO THE NORTH LINE OF THE SOUTH 40.00 
FEET OF THE NORTHWEST QUARTER OF SECTION 1; 
THENCE NORTH 89˚  20’ 32” WEST ALONG SAID NORTH LINE A DISTANCE OF 1025.65 FEET TO THE POINT 
OF BEGINNING. 
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

lllllllllllllIIIIIIIII II
n al m W m H H H' N l NON we >
II
00002i 064
BEFORE THE ARIZONA CORPORATION COMMISSION
Arizona Corporation Commission
DOCKETED
FEB 15 2024
DOCKETED BY
JIM O'CONNOR - CHAIRMAN
LEA MARQUEZ PETERSON
ANNA TOVAR
KEVIN THOMPSON
NICK MYERS
.._i»_
.~_
DOCKET no. w-01412A_23_0121
W-01427A-23-0121
IN THE MATTER OF THE JOINT APPLICATION
OF LIBERTY UTILITIES (LITCHFIELD PARK
WATER & SEWER) CORP. AND VALLEY
UTILITIES WATER COMPANY, INC. FOR
APPROVAL OF TRANSFER OF A PORTION OF
EXISTING CERTIFICATE OF CONVENIENCE
AND NECESSITY.
Il
l
DOCKET NO. SW-01428A-23-0122
DECISION no.
IN THE MATTER OF THE APPLICATION OF
LIBERTY UTILITIES (LITCHFIELD PARK
WATER & SEWER) CORP. FOR AN EXTENSION
OF ITS EXISTING CERTIFICATE OF
CONVENIENCE AND NECESSITY.
79292
OPINION AND ORDER
September 6, 2023
Phoenix, Arizona
Christopher Nichols
l
2
COMMISSIONERS
3
4
5
6
7
8
9
10
ll
12
13
14 DATEOF HEARING:
15
PLACE OF HEARING:
16 ADMINISTRATIVE LAW IUDGE:
17 APPEARANCES:
Ms. Paloma Scheiferstein, SNELL & WILMER L.L.P, on
behalf of Liberty Utilities (Litchfield Park Water &
Sewer) Corp.
Ms. Bridget Humphrey, Staff Attorney, Legal Division
on behalf of the Utilities Division of the Arizona
Corporation Commission.
1 8
19
20
2 1
22
BY THE COMMISSION:
*
*
*
*
*
*
*
=i=
*
*
23
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Having considered the entire record herein and being fully advised in the premises, the Arizona
25 Corporation Commission ("Commission") finds, concludes, and orders that:
26
FINDINGS OF FACT
Procedural Historv
27
28
l.
On May 15, 2023, Liberty Utilities (Litchfield Park Water & Sewer) Corp. ("Liberty
1
S:\CNichols\Waler & Sewer\Orders\230 l2 lelulO&O.docx
Attachment No.2
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

I
DOCKET no. w-01412A-23_0121, ET AL.
1
2
3
4
5
6
7
2.
8
9
10
3.
Utilities") and Valley Utilities Water Company, Inc. ("Valley Utilities") filed with the Commission, in
Docket Nos. w-01412A-23_0121 and w-01427A-23-0121 (collectively, "Water Docket"), a joint
application ("Water Application") for approval of the transfer of a portion of Valley Utilities' existing
Certificate of Convenience and Necessity ("CC&N") for water utility service to Liberty Utilities, and
for the extension of Liberty Utilities' CC&N for water utility service to include a future development
to be known as Marbella Ranch East ("Extension Area").
Also on May 15, 2023, Liberty Utilities filed with the Commission. in Docket No. SW-
01428A-23-0122 ("Sewer Docket"), an application ("Sewer Application") for approval an extension
ofits existing wastewater CC&N to include the Extension Area.
On May 19, 2023, a Procedural Order regarding consent to email service was issued in
l 1
the Water Docket.
12
4.
Also on May 19, 2023, a Procedural Order regarding consent to email service was issued
13
in the Sewer Docket.
14
5.
15
6.
i
ill
1
W
16
7.
W
i
ii
17
18
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On May 24, 2023, Liberty Utilities filed an amendment to the Water Application.
Also on May 24, 2023, Liberty Utilities filed an amendment to the Sewer Application.
On May 30, 2023, Liberty Utilities filed a Motion to Consolidate the Water Docket and
the Sewer Docket in both dockets. Liberty Utilities stated that the Water Application and the Sewer
Application are inextricably linked and involve the same extension area, Marbella East. Liberty
Utilities also stated that consolidation would result in administrative efficiency and economy as only
21
20
one proceeding will be necessary to decide the interrelated applications.
8.
On June 12, 2023, by Procedural Order, Liberty Utilities' Motions to Consolidate were
22
granted, consolidating the Water Docket and the Sewer Docket (collectively, "Consolidated Docket").
23
9.
On June 14, 2023, the Commission's Utilities Division ("Staff") filed a Sufficiency
24
25
26
10.
Letter in the Consolidated Docket, stating that the Water Application had met the sufficiency
requirements as outlined in Arizona Administrative Code ("A.A.C.") R 14-2-402.
Also on June 14, 2023, Staff filed a Sufficiency Letter in the Consolidated Docket,
27
stating that the Sewer Application had met the sufficiency requirements as outlined in A.A.C. Rl4-2-
28
602.
79292
2
DECISION no.
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

DOCKET no. W-01412A-23-0121, ET AL.
1
11.
3
12.
4
5
6
7
8
On June 20, 2023, by Procedural Order, a hearing in this matter was scheduled to
2
commence on September 6, 2023, and other procedural deadlines and requirements were established.
On July 18, 2023, Liberty Utilities filed a Certification of Notice. The Certification of
Notice stated that on May 16, 2023, a copy of the Sewer Application was mailed to the cities of
Glendale, Goodyear, Litchfield Park, Phoenix, Surprise, Avondale, Peoria, El Mirage, Youngtown, and
Tolleson. The filing also stated that Liberty Utilities published a Public Notice of Hearing in the West
Valley View News on July 5, 2023, and mailed a copy of the same to the property owner on June 28,
2023.
9
13.
l 1
14.
1\
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15
16.
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17.
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18.
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19.
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On August 14, 2023, Staff filed its Staff Report recommending approval of the Water
10
Application and the Sewer Application with conditions.
On August 17, 2023, Liberty Utilities filed a Notice Re: Hearing Participation, stating
12
that its representatives and witnesses would appear in person at the hearing.
15.
On August 18, 2023, Staff filed Notice of Filing In-Person Participation, stating that
14
Staff"s counsel and witnesses would appear in person at the hearing.
On the same date, Valley Utilities filed a Notice of Hearing Participation, stating that it
did not intend to appear at the hearing, but would make a representative available if requested by the
Administrative Law Judge.
On September 1, 2023, Liberty Utilities filed a Notice Identifying Exhibits.
On September 5, 2023, Staff filed a Notice of Filing List of Exhibits and Exhibit.
On September 6, 2023, the hearing was held as scheduled. Liberty Utilities and Staff
appeared through counsel. Valley Utilities did not appear. Liberty Utilities presented the testimony of
its Manager of Business and Asset Development, Aaron Newell, and its Vice-President of Operations
and Strategic Projects, Matthew Garlick. Staff presented the testimony of Engineering Supervisor Luke
Hutchison and Executive Consultant III Teresa Hunsaker.
25
20.
On September l I, 2023, a Procedural Order was issued requiring Liberty Utilities to
26
file, by September 15, 2023, a Notice of Compliance indicating whether it had provided notice of the
27
28
Water Application to the affected municipalities pursuant to A.A.C. R 14-2-402(B)(4), and if it had not
provided such notice, permitting Liberty Utilities to file a request for exemption from the notice
79292
3
DECISION no.
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
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requirement no later than September 15, 2023.
On September 13, 2023, Liberty Utilities filed a Response to Procedural Order, stating
that it did not provide written notice to the surrounding municipalities of the Water Application because
A.A.C. R14-2-402(D) does not require such notice. Liberty Utilities stated that, for the same reason, it
does not believe an exemption is required. Liberty Utilities further stated that, in similar applications
filed pursuant to A.A.C. R 14-2-402(D), notice to municipalities was not required. It added that, out of
an abundance of caution, it had since provided notice of the Water Application to the managers or
administrators for the municipalities within a five-mile radius of the Extension Area and attached proof
of mailing to the Response. Liberty Utilities also noted that it had published the Public Notice of
Hearing, which referenced the Water Application, in the West Valley View News and mailed a copy of
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the same to the property owner.
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Back round
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22.
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25.
Valley Utilities is a Class C public service corporation certified to provide water service
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to approximately 2, I 06 customers in portions of Maricopa County.
23.
Liberty Utilities is a Class A public service corporation certified to provide water service
to approximately 20,059 customers and wastewater service to approximately 28,654 customers in
portions of Maricopa County.
Liberty Utilities' water and wastewater CC&Ns comprise approximately 20 square
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miles located west of the Agua Fria River between Luke Air Force Base and interstate highway 1-10.
Valley Utilities and Liberty Utilities are both in good standing with the Commission's
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Corporations Division.
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26.
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27.
Staff's review of the Consumer Services Database revealed an average of 10 complaints
per year regarding Liberty Utilities, most of which concern billing disputes, and all o f which have been
resolved and closed.
Staffs review of its Compliance Section Database revealed no delinquent Commission
26
compliance items regarding Liberty Utilities as of May 24, 2023 .
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79292
DECISION no.
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

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DOCKET no. W-01412A-23-0121, ET AL.
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Extension Area
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The Extension Area encompasses approximately 54 acres near the southeast corner of
El Mirage Road and Northern Avenue. It lies partially within the city of Glendale and partially within
unincorporated Maricopa County. The cities of Glendale, Goodyear, Litchfield Park, Phoenix,
Surprise, Avondale, Peoria, El Mirage, and Youngtown are within five miles of the Extension Area. A
legal description of the Extension Area is attached hereto as Exhibit A and incorporated by reference.
29.
The Extension Area is intended to be developed into 726 multi-family residential units
with amenities including a community clubhouse and pool. To date, none of the lots have been
developed. According to Liberty Utilities, the timing of any future residences within the Extension
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Area is dependent upon market demands and is subject to change.
30.
The Extension Area is currently within Valley Utilities' CC&N for water utility service,
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31.
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12 and it is abutted by Liberty Utilities' existing water and wastewater CC&Ns.
Liberty Utilities stated in both its Water Application and Sewer Application that it will
be submitting a franchise application to the Maricopa County Board of Supervisors with respect to the
Extension Area upon the approval of its applications.
Water A
lication
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32.
In the Water Application, Liberty Utilities and Valley Utilities seek to transfer Valley
18 Utilities' water CC&N with respect to the Extension Area to Liberty Utilities.
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33.
Valley Utilities is not currently providing water service to any customers in the
Extension Area, nor does Valley Utilities have the necessary facilities in the vicinity of the Extension
Area to provide water service to the Extension Area as contemplated by the property owner.
34.
On May 5, 2023, Marbella Ranch East, LLC, the sole property owner of the Extension
23
Area, requested that Liberty Utilities provide water utility service to the Extension Area.
35.
Liberty Utilities' water system includes 14 wells producing a total of 14,850 gallons per
25
minute or approximately 21.38 million gallons per day ("MGD"). The system also includes three
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26
storage tanks providing a total capacity of 10.7 million gallons.
36.
According to a Water Provider Compliance Report issued by the Arizona Department
28
of Water Resources ("ADWR") on June 14, 2023, Liberty Utilities' water system was in compliance
79292
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DECISION no.
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

DOCKET no. W-01412A-23-0121, ET AL.
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with ADWR as of that date.
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According to the Staff Report, during the peak month of August 2022, average daily
3 demand for Liberty Utilities' water system was approximately 15.69 MGD.
Staff anticipates that, based on historical usage data and the intended development plans,
the Extension Area's average daily water demand will be 726 connections at 720 gallons per day
("GPD"). Accordingly, Staff calculated that Liberty Utilities' peak month average daily demand will
7
8
be approximately 16.34 MGD with the addition of the Extension Area.
39.
Staff therefore concluded that Liberty Utilities' water system has sufficient firm
9
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1 1
capacity, and adequate production and storage to provide water service to its current customers and
reasonable growth, as well as the Extension Area.
Sewer A
lication
12
40.
In the Sewer Application, Liberty Utilities seeks an extension ofits wastewater CC&N
13 to include the Extension Area.
14
41.
On May 5, 2023, the property owner requested that Liberty Utilities provide wastewater
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15 utility service to the Extension Area.
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The Extension Area is within Liberty Utilities' Maricopa Association of Governments
("MAG") planning area pursuant to the MAG 208 Plan. As a result, Liberty Utilities is the only utility
company currently authorized by MAG to provide wastewater service to the Extension Area. Mr.
Garlick testified that amendment of the MAG 208 Plan is a lengthy process that would require approval
from nearby municipalities and a showing that Liberty Utilities is unable to provide service.
43.
All wastewater flows from the Extension Area will ultimately be delivered to Liberty
22 Utilities' Palm Valley Water Reclamation Facility ("Palm Valley Facility").
Pursuant to an Arizona Department of Environmental Quality ("ADEQ") Compliance
Status Report ("CSR") dated April 25, 2023, Liberty Utilities' Palm Valley Facility was not in
compliance with ADEQ due to missing parameters, discharge limit exceedances, and reported
deficiencies.
27
45.
During the hearing, Staff Engineering Supervisor Luke Hutchison explained that
28 Liberty Utilities experienced an E. Coli violation in April 2023, but that it had fixed the issue. Mr.
79292
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DECISION NO.
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DOCKET NO. w-01412A-23-0121, ET AL.
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Hutchison also testified that, because ADEQ will not be issuing another report until 2024, there will be
no further paperwork from ADEQ until then indicating that Liberty Utilities' noncompliance issue has
been resolved. Mr. Hutchison further testified that Staff had no further concerns regarding the issue.
Liberty Utilities is currently authorized to operate the Palm Valley Facility at a capacity
46.
5 of6.55 MGD.
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47.
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48.
During the peak month of October 2022, the Palm Valley Facility received 184,994,000
gallons of wastewater and had a peak daily flow of6,376,000 gallons, or 97.34 percent of the t`acility's
capacity. During the hearing, Mr. Garlick testified that the Palm Valley Facility currently receives
approximately 6. l 8 MGD.
Staff concluded that the Palm Valley Facility has adequate wastewater capacity to serve
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its culTent customer base. However, Staff also determined that the Palm Valley Facility does not have
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sufficient capacity for additional connections at this time.
49.
Liberty Utilities is currently constructing the Sarival Wastewater Recycling Facility
14 ("Sarival Facility"), which Liberty Utilities expects will be fully operational in May 2024.
On January 25, 2023, ADEQ issued an Aquifer Protection Permit ("APP") to Liberty
16 Utilities for the Sarival Facility at a capacity of4.4 MGD.
In its Staff Report, Staff states that once the Sarival Facility is in use, it will initially
receive wastewater flows accounting 10r approximately 60 percent of its capacity, relieving
approximately 2.44 MGD of treatment capacity at the Palm Valley Facility. Mr. Garlick testified that
Liberty Utilities expects flows to the Palm Valley Facility to drop by 1.8 MGD on the day that the
Sarival Facility comes online.
Staff concluded that the addition of the Sarival Facility will allow the Palm Valley
23
Facility to receive the expected wastewater Flows from the Extension Area.
53.
In its request for wastewater service, the property owner acknowledged that the
25
Extension Area will not receive wastewater treatment service until the Sarival Facility is complete.
According to Liberty Utilities, it has agreed with the property owner that wastewater
service to the Extension Area is also conditioned upon (l) the issuance of a final Maricopa County
permit authorizing the operations of the Sarival Facility, or (2) a determination by Liberty Utilities that
7
DECISION no. 79292
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
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DOCKET no. w-01412A_23-0121, ET AL.
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receipt of the Extension Area's wastewater would not cause the facility's flow or effluent quality limits
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to be exceeded.
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In addition, Liberty Utilities is preparing to implement two additional measures to
increase capacity at the Palm Valley Facility. One measure ("Option A"), which involves modification
of the Supervisory Control and Data Acquisition ("SCADA") system, is expected to add 350,000 GPD
to its capacity. The other measure ("Option B"), which involves adding certain equipment to increase
biological treatment capacity, is expected to add approximately 570,000 GPD.
56.
Neither Option A nor Option B is currently in service. However, Liberty Utilities has
9
submitted an amended APP for the Palm Valley Facility to ADEQ and is awaiting approval.
During the hearing, Mr. Garlick testified that, pending approval, Option A will be
implemented immediately. Mr. Garlick added that he does not believe Option B will be necessary prior
to the completion of the Sarival Facility in May 2024, but Liberty Utilities is closely monitoring the
system and will work with Maricopa County to launch Option B if additional capacity is needed.
14
58.
Liberty Utilities' Wastewater Engineering Report provides that wastewater from the
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Extension Area will be collected in private on-site sewer pipes and delivered to 8" gravity sewer stubs
at the development's entrances. The 8" sewer mains will ultimately lead to the Palm Valley Facility.
According to the Company, the total cost for construction of the facilities required to
provide wastewater service to the Extension Area was approximately $l00,0()0, and those facilities
have been constructed.
20
Staff Recommendations
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60.
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61.
Staff concluded that there is a need for water and wastewater utility services in the
22
Extension Area, and that Liberty Utilities is a fit and proper entity to provide such services.
Staff also concluded that it is in the public interest to grant the Water Application and
25
62.
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the Sewer Application.
Accordingly, Staff recommends that the Commission approve the Water Application
and the Sewer Application, consistent with Liberty Utilities' representation that no connections will be
added to the Palm Valley Facility until the Sarival Facility is complete and fully operational.
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8
DECISION no. 79292
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

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DOCKET no. W-01412A-23-0121, ET AL.
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Staff also recommends that:
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(a)
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(b)
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II)
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(c)
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(d)
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Liberty Utilities be required to charge its existing water and wastewater rates
and charges in the Extension Area,
Liberty Utilities be required to file with Docket Control, as a compliance item
in this docket, a copy of the amended APP for the Palm Valley Facility within
one year of a Decision in this matter,
Liberty Utilities be required to file with Docket Control, as a compliance item
in this docket, within two years of the effective date of a Decision in this
proceeding, a copy of the county franchise agreement for the Extension Area
with respect to water utility service, and
Liberty Utilities be required to file with Docket Control, as a compliance item
in this docket, within two years of the effective date of a Decision in this
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14
64.
18
65.
proceeding, a copy of the county franchise agreement for the Extension Area
with respect to wastewater utility service.
15
Staff further recommends that a Decision by the Commission granting the Water
16
Application and the Sewer Application be considered null and void, after due process, should Liberty
17
Utilities fail to comply with recommendations (b)-(d) in the preceding paragraph.
We find that there is a public need for water and wastewater services in the Extension
20
66.
22
19
Area and that Liberty Utilities is a fit and proper entity to provide such services.
We further find that, based on the entirety of the record, it is in the public interest to
21
approve the Water Application and the Sewer Application subject to Staff's recommendations.
CONCLUSIONS OF LAW
23
1.
25
2.
Liberty Utilities and Valley Utilities are public service corporations within the meaning
24 of Article XV of the Arizona Constitution and A.R.S. §§ 40-281, 40-282, and 40-285.
The Commission has jurisdiction over Liberty Utilities, Valley Utilities, and the subject
27
3.
26 matter of the Water Application and the Sewer Application.
Notice of the Water Application and the Sewer Application was provided in accordance
28
with the law.
79292
DECISION no.
9
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

DOCKET no. w-01412A-23-0121, ET AL.
1
4.
There is a public need and necessity for water and wastewater services in the Extension
5.
ORDER
2
Area.
3
Liberty Utilities is a fit and proper entity to provide water and wastewater services to
4
the Extension Area.
5
6.
Staff's recommendations are reasonable, in the public interest, and should be adopted.
6
7
IT IS THEREFORE ORDERED that the Application of Liberty Utilities (Litchfield Park Water
8
& Sewer) Corp. and Valley Utilities Water Company, Inc. for approval of the transfer of a portion of
9
Valley Utilities Water Company, lnc.'s existing CC&N for water utility service to Liberty Utilities
10
(Litchfield Park Water & Sewer) Corp., and for the extension of Liberty Utilities (Litchfield Park Water
l l
& Sewer) Corp.'s CC&N for water utility service to include the Extension Area, as described in Exhibit
12
A, attached hereto, is hereby approved as conditioned herein.
13
IT IS FURTHER ORDERED that the Application of Liberty Utilities (Litchfield Park Water &
14
Sewer) Corp. to extend its CC&N to provide wastewater utility service to the Extension Area, as
15
described in Exhibit A, attached hereto, is approved as conditioned herein.
16
IT IS FURTHER ORDERED that Liberty Utilities (Litchfield Park Water & Sewer) Corp. shall
17
charge its rates and charges in effect at the time of initiation of service to customers in the Extension
18
Area.
19
IT IS FURTHER ORDERED that Liberty Utilities (Litchfield Park Water & Sewer) Corp. shall
20
file with Docket Control, as a compliance item in this docket, a copy of the amended Aquifer Protection
21
Permit within one year of the effective date of this Decision.
22
IT IS FURTHER ORDERED that Liberty Utilities (Litchfield Park Water & Sewer) Corp. shall
23
file with Docket Control, as a compliance item in this docket, within two years of the effective date of
24
this Decision, a copy of the county franchise agreement for the Extension Area with respect to water
25
utility service.
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.
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79292
10
DECISION no.
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

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DOCKET no. W-01412A-23-0121, ET AL.
II
II.I:
I.
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/
I
NER
s
CO
AIRMAN O'CONNOR
QUEZ PETERSON
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NER MYERS
COMMISSIONER HOMPSON
COMM
DISSENT
COMMISSIONER TOVAR
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apitol, in the City of Phoenix,
2024.
Commission to
this
IN
WITNESS
WHEREOF,
1,
DOUGLAS
R.
CLARK,
Executive Director of the Arizona Corporation Commission,
have hereunto set my hand and caused the official seal of the
e affixed at the
"}'*
day of
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DOUG AS R. CLARK
EXECUTIVE DIRECTOR
J0t/414,
DISSENT
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IT IS FURTHER ORDERED that Liberty Utilities (Litchfield Park Water & Sewer) Corp. shall
2
file with Docket Control, as a compliance item in this docket, within two years of the effective date of
3
this Decision, a copy of the county franchise agreement for the Extension Area with respect to
4
wastewater utility service.
5
IT IS FURTHER ORDERED that this Decision shall be considered null and void, after due
6
process, should Liberty Utilities (Litchfield Park Water & Sewer) Corp. fail to comply with the
7
preceding three paragraphs.
8
IT IS FURTHER ORDERED that this Decision shall become effective immediately.
9
BY ORDER OF THE ARIZONA CORPORATION COMMISSION.
10
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1 2
1 3
1 4
15
16
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20
2 1
22
23
DISSENT
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27
28
79292
DECISION no.
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Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

SERVICE LIST FOR:
LIBERTY UTILITIES (LITCHFIELD PARK WATER
&
SEWER) CORP. AND VALLEY UTILITIES
WATER COMPANY, INC.
DOCKET NO. :
W-01412A-23-0121, ET AL
7
l
Todd C. Wiley
LIBERTY UTILITIES
14920 W. Camelback Road
Litchfield Park, AZ 85340
Attorney for Liberty Utilities (Litchfield Park Water & Sewer) Corp.
19
20
21
1
2
3
4
.
.
Paloma Scheiferstein
5
Kelly Daly
SNELL & WILMER L.L.P.
6
One Arizona Center
400 E. Van Buren Sr., Suite 1900
Phoenix, AZ 85004-2202
8
Attorneys for Liberty Utilities (Litchfield Park Water & Sewer) Corp.
DSCIICIlClSlClll(¢l S\VI(WV.COl11
9
kdalv(aswlaw.com
Consented to Service b Email
10
l 1
12
13
14
Megan H. Grabel
OSBORN MALEDON, PA,
15
2929 N. Central Ave., 21" Floor
Phoenix, AZ 85012
16
Attorney for Valley Utilities Water Company, Inc.
marabel(aomlaw.com
17
Consented to Service b Email
18 Robin Mitchell, Director
Legal Division
ARIZONA CORPORATION COMMISSION
1200 West Washington Street
Phoenix, AZ 85007
Lelzall)iv(W;12cc.szov
ulildi\sciw icebvcmailfu L1/.comm
22
Consented to Service by Email
23
24
25
26
27
28
79292
12
DECISION NO.
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5

DOCKET no. W-01412A-23-0121, ET AL.
Exhibit A
LEGAL DESCRIPTION
MARBELLA RANCH EAST- OVERALL (PARCELS 1&2)
That portion of the Northwest quarter of Section 1, Township 2 North, Range 1 West of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, described as follows:
in
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or
9 s,
Thence South 89° 20' 32" East along the EastWest midsection line of Section 1 a distance of 65.04 feet
to the East line of the West 65.00 feet of the Northwest quarter of Section 1,
Thence North 01° 22' 44" West along said East line a distance of 40.03 feet to the POINT OF BEGINNING,
Thence continuing North 01° 22' 44" West along said East line a distance of 985.45 feet to the South line
of that Parcel described in Warranty Deed recorded in Document No. 2013-1076915, Official
Records,
Thence North 88° 37' 16" East along said South line of said Parcel a distance of 5.21 feet,
Thence North 00° 05' 53" East along the East line of said Parcel a distance of 184.22 feet to the
Southeast corner of that Parcel described in Final Order in Condemnation recorded in Document
No. 2016052973, Official Records;
Thence continuing North 00° 05' 53" East along the East line of said Parcel a distance of 118.19 feet to
South line of GLO Lot 4 and the South line of that Parcel described in Warranty Deed recorded in
Document No. 2013815877, Official Records,
Thence South 89° 06' 36" East along said South line a distance of 7.00 feet,
Thence North 00° 51' 49" East along the East line of said Parcel a distance of 229.76 feet,
Thence North 31° 52' 29" East along said East line a distance of 29.23 feet to the Southeast corner of
that Parcel described in Warranty Deed recorded in Document No. 2013734627, Official Records,
Thence North 01° 22' 44" West along the East line of said Parcel a distance of 59.52 feet,
Thence North 46° 22' 44" West along the East line of said Parcel a distance of 26.87 feet,
Thence North 01° 22' 44" West along the East line of said Parcel a distance of 209.78 feet to the
Northwest of that Parcel described in Warranty Deed recorded in Document No. 2021-826412,
Official Records;
Thence South 89° 06' 37" East along the North line of said Parcel a distance of 1231.05 feet to the East
line of GLO Lot 4;
Thence continuing South 89° 06' 37" East a distance of 238.05 feet,
Thence South 22° 59' 57" West a distance of 585.16 feet to the Southeast corner of GLO Lot 4,
Thence South 00° 59' 31" East a distance of 1322.93 feet to the South line of the Northwest quarter of
Section 1,
Thence North 89° 20' 32" West along said South line a distance of
218.64 feet,
Thence North 01° 22' 44" West a distance of 40.03 feet to the North
o
line of the South 40.00 feet of the Northwest quarter of Section
no
1;
Thence North 89° 20' 32" West along said North line a distance of
1025.65 feet to the POINT OF BEGINNING.
Commencing at the West quarter corner of said Section 1, from whence the Northwest corner of Section
1 bears North 01° 22' 44" West (Basis of Bearings) a distance of 2637.27 feet,
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Containing 53.7289 acres
Job No. 18070
Land Survey Services PLC
20651 W. Pasadena Avenue
Buckeye, AZ 85396-1255
79292
DECISION no.
Docusign Envelope ID: 3454C250-ECDF-453A-930E-D844E665EB7A
Docusign Envelope ID: 132316BC-9E95-43FC-9539-6F5D571E8EF5