B1. 2020P324 - NE UTILITY EASEMENT.PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009 (MDH)

EXEMPT ARS § 11-1134, A2
FCD 1999R016

NON-EXCLUSIVE UTILITY EASEMENT

FCD Project: Trilby Wash Detention
Basin and Floodway

FCD Parcel No.: TW-44C, TW-44F, and
TW-43C

Portions of APN: 503-97-001B, 503-69-
016, and 503-69-019

FCD Permit No.: 2020P324

This Non-Exclusive Utility Easement is entered into by and between the following parties
and becomes effective as of the date of recordation with the Maricopa County Recorder.

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, for and in
consideration of the sum of One Hundred Eleven Thousand Seven Hundred Fifty Dollars and
00/100 ($111,750.00), 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 (“Easement”) in, upon, over, under, across, through and along the
premises described in the attached Exhibit “A” (“Easement Property”) for the purpose of
constructing, operating, repairing and maintaining a 69 kV overhead transmission line and
appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use
Permit No. 2020P324 (“FCD Permit”).

Page 1 of 10

Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural 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.

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. 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 Easement. GRANTEE assumes all risk of damage to its Facility 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 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 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 GRANTEE’S
relocation effort has not been completed within 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.

FCD Project: Trilby Wash Detention Basin Page 2 of 10 Portions of APN: 503-97-001B, 503-69-016,

Floodway and 503-69-019
FCD Parcel No.: TW-43C, TW-44C, and TW-44F FCD Permit No.: 2020P324

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
asafe 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 GRANTEF’S rights
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

FCD Project: Trilby Wash Detention Basin Page 3 of 10 Portions of APN: 503-97-001B, 503-69-016,
Floodway and 503-69-019
FCD Parcel No.: TW-43C, TW-44C, and TW-44F FCD Permit No.: 2020P324

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 of 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

FCD Project: Trilby Wash Detention Basin Page 4 of 10 Portions of APN: 503-97-001B, 503-69-016,
Floodway and 503-69-019
FCD Parcel No.: TW-43C, TW-44C, and TW-44F FCD Permit No.: 2020P324

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:
| Midval Fulton 10/26/2022

Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:
(_ 10/26/2022
\—F612R0n585D4cc.
Alex Smith, Director Date

Maricopa County Real Estate Department

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

DocuSigned by:
co Puck 10/20/2022
B2E0BD10DB52401...
District General Counsel Date
FCD Project: Trilby Wash Detention Basin Page 5 of 10 Portions of APN: 503-97-001B, 503-69-016,
Floodway and 503-69-019

FCD Parcel No.: TW-43C, TW-44C, and TW-44F FCD Permit No.: 2020P324

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA

COUNTY

Bill Gates 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 Bill Gates, 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

FCD Project: Trilby Wash Detention Basin
Floodway

FCD Parcel No.: TW-43C, TW-44C, and TW-44F

day of. 202__.

Notary Public (signature)

Page 6 of 11 Portions of APN: 503-97-001B, 503-69-016,

and 503-69-019
FCD Permit No.: 2020P324

ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation

ACCEPTANCE AND APPROVAL:

Name: Paul J. Baumgardt

Its: Supervisor, Land Services

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this [3 day of _( ) cto bee »20 22

by Paul J. Baumgardt, its Land Services Supervisor of Arizona Public Service Company, an

Arizona corporation, on behalf of the GRANTEE.

C7? 4
Notary Public (signature)

GER APRIL CARROLL
(x Notary Public - Arizona
Maricopa County

ee | commission # 627038

Sit” My Comm. Expires May 18, 2026

FCD Project: Trilby Wash Detention Basin Page 7 of 10 Portions of APN: 503-97-001B, 503-69-016,
Floodway and 503-69-019
FCD Parcel No.: TW-43C, TW-44C, and TW-44F FCD Permit No.: 2020P324

April 7, 2022

EXHIBIT “A”
ARIZONA PUBLIC SERVICE JOB #WE014146

An Area of Land situated within the Southwest quarter of Section 9 and the Northwest quarter of
Section 16, Township 4 North, Range 1 West of the Gila and Salt River Meridian, Maricopa
County, Arizona, more particularly described as follows:

BEGINNING at the Southwest corner of Section 9, from which the West quarter corner of said
Section 9 bears North 00 degrees 08 minutes 14 seconds West, a distance of 2646.63 feet, and
also from which the South quarter comer of said Section 9 bears South 89 degrees 54 minutes
09 seconds East, a distance of 2627 44 feet;

THENCE North 00 degrees 08 minutes 14 seconds West, along the West line of the Southwest
quarter of said Section 9, a distance of 1726.88 feet to the Northwest corner of that parcel
owned in fee by Flood Control District of Maricopa County and as described in Doc. No. 1993-
0424821, M.C.R.;

THENCE departing said West Section line and contiguous with the North line of the
aforementioned parcel, North 83 degrees 16 minutes 58 seconds East, a distance of 60.40 feet;

THENCE departing said North parcel line, South 00 degrees 08 minutes 14 seconds East, a
distance of 1346.34 feet;

THENCE North 74 degrees 01 minutes 36 seconds East, a distance of 255.96 feet;

THENCE South 16 degrees 18 minutes 05 seconds East, a distance of 564.18 feet to a point on
the Southerly line of that parcel owned in fee by Flood Control District of Maricopa County and
as described in Doc. No. 1990-207836, M.C.R.;

THENCE South 74 degrees 15 minutes 09 seconds West,
contiguous with said South line, a distance of 60.00 feet;

THENCE departing said South line, North 16 degrees 18 minutes
05 seconds West, a distance of 503.94 feet;

THENCE South 74 degrees 01 minutes 36 seconds West, a
distance of 213.32;

THENCE South 00 degrees 08 minutes 14 seconds East, a
distance of 522.35 feet to the aforementioned South parcel line;

THENCE South 74 degrees 15 minutes 09 seconds West, contiguous with said South line, a
distance of 62.30 feet:

THENCE North 00 degrees 08 minutes 14 seconds West, contiguous with the West line of the
aforementioned parcel, a distance of 204.01 feet to the POINT OF BEGINNING.

Containing an area of 162280.22 square feet or 3.72 acres, more or less.

SHEET 1 OF 3
FCD Project: Trilby Wash Detention Basin Page 8 of 10 Portions of APN: 503-97-001B, 503-69-016,
Floodway and 503-69-019
FCD Parcel No.: TW-43C, TW-44C, and TW-44F FCD Permit No.: 2020P324

EXHIBIT “A” continued

AAEM AREA

APNG BOM ORE

12462

est 4b EE

paren

EXAM OR
343

FCD Project: Trilby Wash Detention Basin Page 9 of 10
Floodway

FCD Parcel No.: TW-43C, TW-44C, and TW-44F

Portions of APN: 503-97-001B, 503-69-016,
and 503-69-019
FCD Permit No.: 2020P324

EXHIBIT “A” continued

LINE TABLE
LINE BEARING
uf
Lee
La
_o
Lé
L? SOM IONE ASE
2 | NOD Osta yw | 44.

FCD Project: Trilby Wash Detention Basin Page 10 of 10 Portions of APN: 503-97-001B, 503-69-016,
Floodway and 503-69-019

FCD Parcel No.: TW-43C, TW-44C, and TW-44F FCD Permit No.: 2020P324