C1. 2021P132 - NON-EXCLUSIVE UTILITY EASEMENT.PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009 (DMB)

EXEMPT ARS § 11-1134, A2
FCD 1999R016

NON-EXCLUSIVE UTILITY EASEMENT

FCD Project: McMicken Dam/Trilby Wash
FCD Parcel Nos.: TW-24C/26C/31C/30C-2
APN: Ptn. of 503-75-015/017/503-73-030/03 1A
FCD Permit No.: 2021P132

This easement is entered into by and between the following parties as of the last date executed below.

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political
subdivision of the State of Arizona and its agents, officers, employees, successors
or assigns

GRANTEE: ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation and/or

its successors and assigns

GRANTOR, for and in consideration of good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, does hereby grant and convey unto GRANTEE, an easement for the
purpose of constructing, operating, repairing, replacing and maintaining electric distribution and
transmission line features, as well as the right of ingress and egress, within the easement area situated in the
County of Maricopa, State of Arizona, described as follows:

See Attached Exhibits “A” and “B”
Attached hereto and incorporated herein

The GRANTOR reserves the right to have unrestricted access to the subject property for the purpose of
operating and maintaining the flood control project within the lineal of said easement in a manner which will
not unreasonably interfere with the GRANTEE'S right of access to its easement corridor.

As permitted by law, GRANTEE shall be liable for any and all damages to the real or personal property of
the GRANTOR, to the person and/or real or personal property of any third party arising out of or in any
way caused by or related to the exercise of GRANTEE'S rights by GRANTEE pursuant to the terms of
this Easement. GRANTEE shall defend, indemnify and hold harmless the GRANTOR against any and all
claims, demands, actions, judgments, settlements, liens, penalties, damages, losses, injuries, costs and
expense, including reasonable attorneys' fees, to the extent GRANTOR may be held liable under
Arizona law, arising out of or in any way caused by or related to GRANTEE'S actions or inactions,
except those caused solely and exclusively by the gross negligence or willful misconduct of the
GRANTOR.

However, notwithstanding anything herein to the contrary, the GRANTOR and GRANTEE agree that for

any claim, demand or action that GRANTEE is obligated herein to indemnify, defend and hold
GRANTOR harmless and that is arbitrated or adjudicated (“Indemnified Claim”), GRANTEE and

Page 1 of 10

GRANTOR agree to request the applicable arbitrator, judge or jury to determine whether any negligence,
gross negligence or willful misconduct of GRANTOR contributed to the damages, injuries or losses
arising out of the Indemnified Claim, and if so, the proportionate amount of GRANTOR’s negligence,
gross negligent or willful misconduct relative to any other parties against whom the Indemnified Claim
was made. If GRANTOR is determined to have been negligent, grossly negligent or engaged in willful
misconduct in any amount, GRANTOR shall reimburse GRANTEE, or if applicable, its insurer, for
GRANTEE’ or its insurer’s payment of any award, settlement, costs, and reasonable attorneys’ fees
related to the Indemnified Claim in an amount proportionate to the negligence, gross negligence, or willful
misconduct that the arbitrator, judge or jury attributes to the GRANTOR.

In the event GRANTEE shall have failed to install any facilities within the easement, or in the event
GRANTEE shall have removed any such facility or in the event any such facility shall cease 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 revocation of this easement in the public records of Maricopa County.
Unless and until such revocation is recorded by GRANTOR, this easement shall remain in full force and
effect.

This easement shall run with the land.

GRANTEE shall provide GRANTOR with a minimum of 48-hour notice when performing maintenance
activities, except in the event of an emergency. In the event of an emergency GRANTEE agrees to notify
GRANTOR of the event within five (5) business days after, detailing what occurred and what work was
done as a result. All such activities and notices shall be coordinated through the GRANTOR'S Right of
Way Permitting Branch.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

FCD Project: 202.01.12 Page 2 of 10 APN: Pin. of 503-75-015/017/503-73-030/03 1A
FCD Parcel No.: TW-24C/26C/3 1C/30C-2 FCD Permit No.: 2021P132

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midoul Fulton 2/28/2022
61D71DC47EBB48C...
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:

2 2/25/2022
FO612BOD565D4CC....
Alex Smith Date
Director of Real Estate
Real Estate Department

APPROVED AS TO FORM and within the powers and authority granted under the Jaws of the State of

Arizona.
DocuSigned by:
Cc Puck 2/25/2022
7 }2E0 1BD10DB524D1...
District General Counsel Date

FCD Project: 202.01.12
FCD Parcel No,: TW-24C/26C/31C/30C-2

Page 3 of 10 APN: Pin, of 503-75-015/017/503~-73-030/031A

FCD Permit No,: 2021P132

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

Date

Printed Name:
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 , 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: 202.01.12 Page 4 of 10 APN: Ptn. of 503-75-015/017/503-73-030/031A

FCD Parcel No.: TW-24C/26C/31C/30C-2 FCD Permit No.: 2021P132

GRANTEE ACCEPTANCE:

ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, and/or its successors
and assigns

Tvee Wiarse

Tracy Wieczprek, Land SéPvices Supervisor

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this | S+ day of Fuanaer.

2022, by Tracy Wieczorek, its Land Services Supervisor on behalf of Arizona Public Service Comany, an
Arizona corporation, and/or its successors and assigns

My Commission Expires if 22 Prov tA men

Notary Public (signature)

TRACIE HOUSTON
Notary Public - Arizona

Maricopa County
Commission # 544940
My Comm. Expires Apr 22, 2022

FCD Project: 202.01.12 Page 5 of 10 APN: Ptn. of 503-75-015/017/503-73-030/031A
FCD Parcel No.: TW-24C/26C/31C/30C-2 FCD Permit No.: 2021P132

EXHIBIT “A”
May 5, 2021

LEGAL DESCRIPTION FOR
ARIZONA PUBLIC SERVICE
UTILITY EASEMENT
MARICOPA COUNTY FLOOD CONTROL DISTRICT

That part of the Southeast Quarter of Section 13 and the North Half of Section 24, Township 4
North, Range 2 West, of the Gila and Salt River Meridian, Maricopa County, Arizona, more
particularly described as follows:

Commencing at the fron Bar marking the Northwest corner of Sun City Grand - Capitan
Subdivision as recorded in Book 676 of Maps, Page 34, Maricopa County Records, from which
the Maricopa County Aluminum Cap marking the Northeast Corner of said Section 24 bears
South 89°3 1'26" East, a distance of 635.27 feet;

Thence North 89°31'26" West, along the North line of the Northeast Quarter of said Section 24,
departing said Northwest Subdivision Corner a distance of 9.56 feet to the True Point of
Beginning;

Thence South 43°22'25" West, departing said North line, a distance of 2,232.65 feet toa point on
a 1,693.00 foot radius non-tangent curve, whose center bears North 46°39°17" West;

Thence Westerly, along said curve, through a central angle of 67°57'39", a distance of 2,008.14
feet;

Thence North 68°41'41" West, a distance of 79,50 feet to a point on a 438.50 foot radius non-
tangent curve, whose center bears North 68°24'25" West, said paint lies on the Westerly property
line of assessor parcel APN-503-75-017 as shown on Record of Survey, Book 1111 of Maps,
Page 15, and described in Document No. 1983-0310513, Maricopa County Records;

Thence Northerly, along said curve ard Westerly line, through a central angle of 00°33'41", a
distance of 4.30 feet;

Thence North 21°01'S4" Bast, continuing along said Westerly line, a distance of 3.70 feet;

Thence South 68°41'41" East, departing said Westerly line, a distance of 79.52 feet to the
beginning of a tangent curve of 1685.00 foot radius, concave Northerly;

Thence Easterly, along said curve, through a central angle of 67°57'39", a distance of 1,998.65
feet;

Thence North 43°22'25" East, a distance of 2,897.25 feet;

Thence North 00°O1'S3" West, a distance of 105.53 feet;
Thence South 77°30'24" West, a distance of 314.11 feet;

Page | of 2

FCD Project: 202.01.12 Page 6 of 10 APN: Ptn. of 503-75-015/017/503-73-030/031A
FCD Parcel No.: TW-24C/26C/3 1C/30C-2 FCD Permit No.: 2021P132

EXHIBIT “A” CONTINUED

Thence South 72°18'08" West, a distance of 576.93 feet;
‘Thence North 17°41'52" West, a distance of 8.00 feet;
Thence North 72°18'08" East, a distance of 573.97 feet;

Thence North 00°26'58" East, a distance of 446.02 feet to a point on the Westerly property line
of assessor parcel APN-503-73-031A as shown on Record of Survey, Book 1111 of Maps, Page
15, and described in Document No, 19&3-0310513, Maricopa County Records;;

‘Thence North 58°52'54" East, along said Westerly line, a distance of 9.39 feet;

Thence South 00°26'58" West, departing said Westerly line, a distance of 448.79 feet,

Thence North 77°30'24" East, a distanoe of 324.91 feet;

Thence North 43°22'03" East, a distance of 39.61 feet;

Thence North 00°01'53" West, a distance of 11.96 feet;

Thence North 89°58'07" East, a distanoe of 8.00 feet;

‘Thence South 00°01'53" East, a distance of 18.74 feet to a point on the Southeasterly property
line of assessor parcel APN-503-73-031A as shown on Record of Survey, Book 1111 of Maps,
Page 15, and described in Document Na. 1983-0310513, Maricopa County Records;

Thence South 43°22'03" West, along said Southeasterly line and its Southwesterly prolongation
a distance of 58.99 feet;

Thence South 00°01'53" East, a distance of 98.99 feet;
Thence South 43°22'25" West, a distance of 629.99 feet;

Thence South 46°39'35" East, a distance of 7.00 feet to a point on said Southeasterly Property
line:

Thence South 43°22'25" West, along said Southeasterly line, a distance of 26.17 “eet;
Thence North 46°39'35" West, departing said Southeasterly line, a distance of 7.00 feet;

Thence South 43°22'25" West, a distance of 11,62 feet to the True Point of Beginning.

Containing 52,375 Square Feet or 1.202 Acres, more or less.

Page 2 of 2

FCD Project: 202.01.12 Page 7 of 10 APN: Ptn. of 503-75-015/017/503-73-030/031A
FCD Parcel No.: TW-24C/26C/3 1C/30C-2 FCD Permit No.: 2021P132

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FCD Parcel No.: TW-24C/26C/3 1C/30C-2

FCD Project: 202.01.12

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APN: Ptn. of 503-75-015/017/503-73-030/031A

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FCD Project: 202.01.12

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: Ptn. of 503-75-015/017/503-73-030/031A

APN.

Page 10 of 10

FCD Parcel No.: TW-24C/26C/31C/30C-2

FCD Project: 202.01.12