A1. NON - EXCLUSIVE 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: White Tanks 04

FCD Parcel No.: WT4-31B

APN: 502-62-924, 502-62-001K, and
502-62-001N ptns.

FCD Permit No.: 2022P148

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 Thousand Seven Hundred Thirty-Four and 00/100 Dollars
($1,734.00), 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” and depicted in Exhibit “B” (“Easement Property”) for the purpose of
constructing, operating, repairing and maintaining underground distribution lines for the
transmission of electricity and appurtenances thereto (collectively, the “Facility”), in accordance

with FCD Right-of-Way Use Permit No. 2022P148 (“FCD Permit’).

Page 1 of 11

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.

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 GRANTEF’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 suffer delay damages as a result of a third party’s enforcement of a contractual
obligation for delay, GRANTEE shall reimburse GRANTOR within sixty (60) days of receipt of
proof of GRANTEE’S damages.

FCD Project: White Tanks 04 Page 2 of 11 APN: 502-62-924, 502-62-001K, and

FCD Parcel No.: WT4-31B 502-62-001N ptns.
FCD Permit No.: 2022P 148

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 GRANTEE’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: White Tanks 04 Page 3 of 11 APN: 502-62-924, 502-62-001K, and
FCD Parcel No.: WT4-31B 502-62-001N ptns.
FCD Permit No.: 2022P 148

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: White Tanks 04 Page 4 of 11 APN: 502-62-924, 502-62-001K, and
FCD Parcel No.: WT4-31B 502-62-001N ptns.
FCD Permit No.: 2022P148

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midval Fulton 7/21/2022
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:
L AS 7/21/2022
F0612ROD565N4CC
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:

Wayne Puk 7/21/2022
'B2E0BD10DB524D1...
District General Counsel Date
FCD Project: White Tanks 04 Page 5 of 11 APN: 502-62-924, 502-62-001K, and
FCD Parcel No.: WT4-31B 502-62-001N ptns.

FCD Permit No.: 2022P148

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 day of. » 202__

Notary Public (signature)

FCD Project: White Tanks 04 Page 6 of 11 APN: 502-62-924, 502-62-001K, and

FCD Parcel No.: WT4-31B 502-62-001N ptns.
FCD Permit No.: 2022P148

GRANTEE:
ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation

ACCEPTANCE AND APPROVAL:

mw LX). Bangers

Name: Paul J. Baumgardt

Its: Supervisor, Land Services

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this ln day of nn Ly ,20 22

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

Arizona corporation, on behalf of the GRANTEE. ¢
SER TRACIE HOUSTON

© Notary Public - Arizona Notary Public (signature)

Maricopa County
2 Commission # 624331
Sit My Comm. Expires Apr 22, 2026

FCD Project: White Tanks 04 Page 7 of 11 APN: 502-62-924, 502-62-001K, and

FCD Parcel No.: WT4-31B 502-62-001N ptns.
FCD Permit No.: 2022P 148

EXHIBIT “A”

June 23, 2022
LEGAL DESCRIPTION FOR
ARIZONA PUBLIC SERVICE
UTILITY EASEMENT

Parcel No. 1

That part of the Northeast Quarter of Section 29, Township 2 North, Range 2 West, of the Gila and
Salt River Meridian, Maricopa County, Arizona, more particularly described as follows:

Commencing at the Brass Cap in handhole marking the Northeast Comer of said Section 29, from

which the Brass Cap in handhole marking the East Quarter Comer of said Section 29 bears South
00°03'04" East, a distance of 2639.08 feet;

Thence South 00°03'04" East, along the East line of said Northeast Quarter, a distance of 137.83 feet,

Thence North 89°34'08" West, departing said East line, a distance of 65.00 feet to the Point of

Thence continuing North 89°54'08" West, a distance of 129.02 feet to a point on the West line of that
certain parcel described in Document No. 1994-0519749, Maricopa County Recorder;

Thence North 00°03'04" West, along said West line, a distance of 8.00 feet;

Thence South $9°54'08" East, departing said West line, a distance of 129.02 feet to a point om a line
parallel with and 65.00 feet West of said East line;

Thence South 00°03°04" East, along said parallel line, a distance of 8.00 feet to the Point of
Beginning.

Containing 1032 Square Feet or 0.024 Acres, more or less
Parcel No. 2

That part of the Northeast Quarter of Section 29, Township 2 North, Range 2 West, of the Gila and
Salt River Meridian, Maricopa County, Arizona, more particularly described as follows:

Commencing at the Brass Cap in handhole marking the Northeast Comer of said Section 29, from
which the Brass Cap in handhole marking the East Quarter Comer of said Section 29 bears South
00°03'04" East, a distance of 2639.08 feet:

Thence South 00°03°04" East, along the East line of said Northeast Quarter, a distance of 454.83 feet,

Thence North 89°54'08" West, departing said East line, a distance of 65.00 feet to the Point of
Beginning:

Thence continuing North $9°54'08" West, a distance of 129.02 feet to a point on the West line of that
certain parcel described in Document No. 1994-0519749, Maricopa County Recorder

Pheet bof4
FCD Project: White Tanks 04 Page 8 of 11 APN: 502-62-924, 502-62-001K, and
FCD Parcel No.: WT4-31B 502-62-001N ptns.

FCD Permit No.: 2022P 148

EXHIBIT “A” continued
Thence North 00°03'04" West, along said West line, a distance of §.00 feet;

Thence South $9°54'08" East, departing said West line, a distance of 129.02 feet to a point on a line
parallel with and 65,00 fect West of said East line;

Thence South (HF03'4" East, along said parallel line, a distance of 8.(H) feet to the Point of
Beginning.

Containing 1032 Square Feet or 0.024 Acres, more or less.

Sheet 2 afd

FCD Project: White Tanks 04 Page 9 of 11 APN: 502-62-924, 502-62-001K, and
FCD Parcel No.: WT4-31B 502-62-001N ptns.
FCD Permit No.: 2022P 148

EXHIBIT “B”

INDIAN SCHOOL ROAD
i eg N8Q’S6'47"E 2649.86" —— 65!
2455.84) 129.02 65.00"
| 1 I aa 1
| ' ! a z LE
N14 COR SEC 29 o8°G
T2N, ROW H woes
t 502-62-924 1 Pasay g
- FLOOD CONTROL DISTRICT ,, o # |
is OF MARICOPA COUNTY a wy = 8
19 pac. No. 19940519749, McR 85
1
/- WEST LINE ;
Ln 65'R, -
7 DOC.NO. 1994-0519749, MCR ! aw
y
g 1 1
= 1 8.00" 8.00 |
og ¥ $89°54'08"E 129.02’ , H
2a e y Vr iy f a
B29 a 6 “ _ _ 20
Qrz2 1 NBO*54'0B"W 129.02 A Negseos'w ola
eae | fi 65.00" ge
Cau | POINT OF BEGINNING ~ ae Sih
are PARCEL NO. 1 zo wo
ox x lu Dnata
SOF lm © > S9
Sa & 9) ES la
o a tad Blew
x |g 3 Ew a
” iw Bi a= N38 a
I an rae] f gl —
ze
J J @— |
a O®@ tT
; 1 t= |
1 1 5s H
A} 248448) | - 128.02! — 65.00!
1 N89°ST40"W 2648.45" a
‘ i
\_ CEN SEC 29 /
T2N, R2W E 1/4 COR SEC 29
T2N, ROW
LEGEND ~
r% SECTION CORNER npn
’ PROPERTY CORNER (a) aps EXHIBIT "B
EASEMENT AREA A [JOB # WA629129 DATE: 06/23/2022
——-—— MONUMENT LINE | NE 14 SEC29_T2N  R2W
— ~~ pROPERTY LINE SCALE: _1"=40' [ INDEX: CCW-22-160
RIW:S. REVORD
MCR — MARICOPA COUNTY RECORDER :
RAY RIGHT OF WAY SURVEY: J. ASHING
TOF DRAWN BY:J, DODD [SHEET 3 OF 4

NiO 11026400 1iCaddwWwA620120\VX EXHIBIT. MCFCD.WAB20120.dwg JerryD June 23, 2022

FCD Project: White Tanks 04 Page 10 of 11 - APN: 502-62-924, 502-62-001K, and

FCD Parcel No.: WT4-31B 502-62-001N ptns.
FCD Permit No.: 2022P148

EXHIBIT “B” continued

INDIAN SCHOOL ROAD
be . _ N89°56'47"E 2649.86" j - _
& 2455.84" 129.02" | 65.00" al
1 1 a |
OPuUR <—
nacor sec 23 T ier .
T2N, ROW ity 2 uczs 8
1 502-62-924 o! xhOo
$ FLOOD CONTROL DISTRICT 3| 8G
1 OF MARICOPA COUNTY I w = i
1 DOC. NO. 1994-0519749, MCR ' 8
a . — 6s'RAV ——+
Sh 78.00 saorsaoa'e 129.02 S00 |
Q ap TT |
Zor g le Ze
Be 9 al NBQ*54'0B"W 129.02" J a Neg°54'08"W
~ . 1
See = POINT OF BEGINNING ~ {45 65.00 _
eeu g PARCELNO.2 | J 89
<a i = =
28° 8 + WESTLINE a ow 18
xa @) DOC. NO. 1994-0519749, MCR 1S OR wa
x Fa 3 bw 5
. S Oo = \@
1B Bie mM tc 4
12 8) cx eg
N N or 19
! 1 or x
1 i it~ boos
wl 4 > My
= Le 1,
1 I
t t t
_p 2454.40" _ 129.02" _ | 65.00" 4
ay N89°31'40"W 2648.48’ : 4
\. CEN SEC 29 |
T2N, R2W E 1/4 COR SEC 29-/
T2N, R2W
£ ‘
LEGEND wa ~~
& = SECTION CORNER "pon
. PROPERTY CORNER (4) aps EXHIBIT "B
EASEMENT AREA JOB # WA629129 DATE: 06/23/2022
—-— MONUMENT LINE NE 14SEC 29 T2N  R2W
— ~~ PROPERTY LINE SCALES Po40 [INDEX: CCW-22-160
MCR MARICOPA COUNTY RECORDER SURES RSHING
RAW RIGHT OF WAY _ [DRAWN BY:J.DODD__ [SHEET 4. OF 4

NiO 1026400 TiCadahVAG2012Z0VX EXHIBIT MCFCD.WAB2012a.dvg JerryD June 23, 2022

FCD Project: White Tanks 04
FCD Parcel No.: WT4-31B

APN: 502-62-924, 502-62-001K, and
502-62-001N ptns.
FCD Permit No.: 2022P148

Page 11 of 11