B1. NON EXCLUSIVE UTILITY EASEMENT (FCD PERMIT 2022P143).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.: WT4-04
APN: 502-35-019A ptn.

FCD Permit No.: 2022P 143

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 Two Hundred Fifty-Seven and 00/100 Dollars
($1,257.00), 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 “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. 2022P143 (“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 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: White Tanks 04 Page 2 of 10 APN: 502-35-019A ptn.
FCD Parcel No.: WT4-04 . FCD Permit No.: 2022P143

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 10 APN: 502-35-019A ptn.
FCD Parcel No.: WT4-04 FCD Permit No.: 2022P 143

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midal Fulton 7/11/2022
61D71DC47EBB48C...
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:
[ AS— 7/10/2022
FO612BOD565D4CC... .
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 Put 7/7/2022
B2E0BD100852401...
District General Counsel Date:
FCD Project: White Tdoks 04 Page 5 of 10 APN: 502-35-019A ptn.

FCD Parcel No.: WT4-04 FCD Permit No.: 2022P143

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: White Tanks 04
FCD Parcel No.: WT4-04

day of. 202__

Notary Public (signature)

Page 6 of 10 APN: 502-35-019A ptn.

FCD Permit No.: 2022P 143

GRANTEE:
ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation

ACCEPTANCE AND APPROVAL:

oy LAL DD angen”

Name: Paul J. Baumgardt

Its: Supervisor, Land Services

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA.)

The foregoing instrument was acknowledged before me this oe uay of , Ju NAL 32022.

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

Arizona corporation, on behalf of the GRANTEE.
GE: "TRACIE HOUSTON 4 é Ze Ha

Notary Public - Arizona Notary Public (signature)

} Maricopa County
ENF Commission # 624331
>

es“ ~My Comm. Expires Apr 22, 2026

FCD Project: White Tanks 04 Page 7 of 10 APN: 502-35-019A ptn.
FCD Parcel No.: WT4-04 FCD Permit No.: 2022P 143

EXHIBIT “B”
May 27, 2022

EXHIBIT “B”
ARIZONA PUBLIC SERVICE JOB #WA640605

A Utility Easement situated within the Southeast quarter of Section 5, Township 1 North, Range
2 West of the Gila and Sait River Meridian, Maricopa County, Arizona, more particularly
described as follows:

COMMENCING at the Southeast comer of Section 5, from which the South quarter corner of
said Section bears South 89 degrees 57 minutes 00 seconds West, a distance of 2642.79 feet
(basis of bearings);

THENCE South 89 degrees 57 minutes 00 seconds West along the South line of the Southeast
quarter said Section 5, a distance of 593.83 feet to a point;

THENCE departing said South fine, North 00 degrees 03 minutes 00 seconds West, a distance
of 55.00 feet to the Southeast corner of that property owned in fee by Flood Control District of
Maricopa County and described in Patent No. 7300, as recorded in Doc. No. 1987-0624561,
MCR, and the POINT OF BEGINNING;

THENCE along the South line of the aforementioned property, South 89 degrees 57 minutes 00
seconds West, a distance of 16.14 feet;

THENCE departing said South property line, North 07 degrees 36 minutes 00 seconds East, a
distance of 26.63 feet;

THENCE North 33 degrees 51 minutes 21 seconds East,
@ distance of 18.11 feet;

THENCE North 07 degrees 38 minutes 00 seconds East,

a distance of 332.88 feet; Zz bsanr ©
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THENCE North 82 degrees 22 minutes 00 seconds West, \e Pinas oo
a distance of 25.71 feet: ey Btewe®!
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THENCE North 07 degrees 38 minutes 00 seconds East,
a distance of 15.33 feet;

THENCE South 82 degrees 22 minutes 00 seconds East, a distance of 10.00 feet,
THENCE South 37 degrees 22 minutes 00 seconds East, a distance of 5.66 feet;

THENCE South 82 degrees 22 minutes 00 seconds East, a distance of 19.71 feet to a pointon
the East property line of the aforementioned property;

THENCE South 07 degrees 38 minutes 00 seconds West, along said East property line, a
distance of 384.92 feet to the POINT OF BEGINNING.

Contains an area of 3696.76 square feet or 0.085 acres, more or less.

SHEET 1 OF 3

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FCD Parcel No.: WT4-04 FCD Permit No.: 2022P143

FCD Project: White Tanks 04 Page 9 of 10 APN: 502-35-019A ptn.
FCD Parcel No.: WT4-04 FCD Permit No.: 2022P143

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FCD Project: White Tanks 04 Page 10 of 10 : APN: 502-35-019A ptn.
FCD Parcel No.: WT4-04 FCD Permit No.: 2022P143

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