A1. NON EXCLUSIVE UTILITY EASEMENT (FCD PERMIT #2019P301).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 1999RO016

NON-EXCLUSIVE UTILITY EASEMENT

FCD Project: Colter Channel
FCD Parcel No.: CC-03
APN: 501-63-005F ptn.

FCD Permit No.: 2019P301

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 Two Thousand Five Hundred Forty-Four and 00/100 Dollars
($2,544.00), 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 underground distribution lines for the transmission of electricity and
appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use
Permit No. 2019P301 (“FCD Permit”).

Page 1 of 9

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 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 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: Colter Channel Page 2 of 9 APN: 501-63-005F ptn.
FCD Parcel No.: CC-03 FCD Permit No.: 2019P301

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: Colter Channel Page 3 of 9 APN: 501-63-005F ptn.
FCD Parcel No.: CC-03 FCD Permit No.: 2019P301

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: Colter Channel Page 4 of 9 APN: 501-63-005F ptn.
FCD Parcel No.: CC-03 FCD Permit No.: 2019P301

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midval Fultow. 7/11/2022

61D71DC47EBB48C...

Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:
. AS 7/10/2022
F0612B0D565D4CC...

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:
Way Prk . 7/7/2022
[ty )BD10DB52401...
District General Counsel Date:
FCD Project: Colter Channel ' Page 5 of 9 APN: 501-63-005F ptn.

FCD Parcel No.: CC-03 FCD Permit No.: 2019P301

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

GRANTEE:

FCD Project: Colter Channel
FCD Parcel No.: CC-03

, 202__.

Notary Public (signature)

APN: 501-63-005F ptn.
FCD Permit No.: 2019P301

ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation

ACCEPTANCE AND APPROVAL:

By: fo8 ). DB en grel

Name: Paul J. Batmgardt

Its: Supervisor, Land Services

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA. )

The foregoing instrument was acknowledged before me this Ler day of ] UME __,2022-

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

Arizona corporation, on behalf of the GRANTEE.
root Hoy bo~
TRACIE HOUSTON

GARR a
CJ sag ay at ay 7 Notary Public (signature)

Ly Commission # 624331
My Comm. Expires Apr 22, 2026

FCD Project: Colter Channel Page 7 of 9 APN: 501-63-005F ptn.
FCD Parcel No.: CC-03 FCD Permit No.: 2019P301

EXHIBIT “A”

LEGAL DESCRIPTION FOR
UTILITY EASEMENT

That part of the Southwest Quarter of Section 13, Township 2 North, Range 1 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 Handhole
marking the Southwest Corner of said Section 13, from which the Maricopa County Aluminum
Cap marking the West Quarter corner of said Section 13 bears North 00°31'18" East, a distance
of 2,644.34 feet;

Thence North 00°31'18" East, along the West line of the Southwest Quarter of said Section 13, a
distance of 1,372.17 feet to a point on the Southerly line of the Flood Control District of
Maricopa County Colter Channel as shown in Document No. 1994-0517011, Maricopa County
Records;

Thence South 89°22'22" East, along said Southerly line, a distance of 4.00 feet to a point on a
line which is parallel with and 4.00 feet Easterly, as measured at right angles, from the said West
line of the Southwest Quarter of said Section 13 and the True Point of Beginning;

Thence North 00°31'18" East, departing said Southerly line, along said parallel line, a distance
of 200.00 feet to a point on the Northerly line of the said Flood Control District of Maricopa
County Colter Channel;

Thence South 89°22'22" East, along said Northerly line, a distance of 8.00 feet to a point on a
line which is parallel with and 12.00 feet Easterly, as measured at right angles, from the West
line of the said Southwest Quarter;

Thence South 00°31'18" West, departing said Northerly line, along said parallel line, a distance
of 200.00 feet to a point on the Southerly line of the said Flood Control District of Maricopa
County Colter Channel;

Thence North 89°22'22" West, along said Southerly line, a distance of 8.00 feet to the True Point
of Beginning.

Containing 1,600 Square Feet or 0.037 Acres, more or less.

NAO1\0264901\Admin\Legal Descriptions\WEO1 58 10\LG.UTIL ESMT docx Page | of I

FCD Project: Colter Channel Page 8 of 9 APN: 501-63-005F ptn.
FCD Parcel No.: CC-03 FCD Permit No.: 2019P301

EXHIBIT “A” continued

EXHIBIT "B" :
——— | -s89°2222"E
W. 1/4 COR. SEC. 13 | 8.00"
wee T2N,, RAW. ; |
a MISSOURI AVENUE --o
| _[SEE DETAIL "A"
ATRIGHT
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Sse WY ! FLOOD CONTROL DISTRICT ; '
x) Soe y i OF MARICOPA COUNTY !
3 = 28 | j (COLTER CHANNEL) — ade 1 _-_-
2 A | APN 501-63-005F |
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| pipe / TRUE POINT 8.00
177 OF BEGINNING :
x] 1 | 01-63-0085 DETAIL "A"
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| = | APN 601-63-001B LEGEND
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is UZZZA EASEMENT AREA
25 —--— RMWLINE
| a SECTION CORNER
| | ADDITIONAL SOURCE USED TO * PER DOC. NO. 1994-0517011,
| | CREATE THIS EXHIBIT: MARICOPA COUNTY RECORDS
| MARICOPA COUNTY ASSESSOR MAP| [JOB # WE015374 DATE 05/19/20 _ |
t

—

wh

/ CAMELBACK ROAD

SW. COR. SEC. 13
T.2N., RAW,
POINT OF COMMENCEMENT

[T.2N., R.1W., SEC. 13, SW. 1/4

SCALE i"= 80' SHEET 1 OF 1
UTILITY EASEMENT
SURVEY: —_ RINDA- HUTTON

DRAWN BY: J. KITCHEN

NA0190264901 \CaddiWVE01 581 0\VX.WE0158 10.EXHIBIT.dwg JeffreyK

FCD Project: Colter Channel
FCD Parcel No.: CC-03

Page 9 of 9

May 19, 2020

APN: 501-63-005F ptn.
FCD Permit No.: 2019P301