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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: Skunk Creek Channel at I-17
FCD Parcel Nos.: U-216, U-218, and U-220
APNs: 205-04-030A, 033, and 029B
FCD Permit No.: 2008P054
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 Fifteen Thousand Dollars and 00/100 ($15,000.00), 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 on the Exhibit “B” (“Easement Property”) for the purpose of constructing, operating,
repairing and maintaining a 500/230 kV overhead transmission power line and appurtenances
thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No.
2008P054 (“FCD Permit”).
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,
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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.
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
a safe 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
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361.01.12_U-216_OG-UE
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
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.
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361.01.12_U-216_OG-UE
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
‘DocuSigned by:
Pad Boughnen, 8/8/2024
Paul Baughman, P.E., CFM Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
‘DocuSigned by:
(- = 8/8/2024
\—=rns12Bansespacc.
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:
[ Yay Puck 8/8/2024
coabaDoDEAACAE5.
District General Counsel Date
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361.01.12_U-216_OG-UE
APPROVED:
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Chairman of the Board Date
Printed Name:
ATTEST:
Clerk of the Board Date
Printed Name:
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
Directors for the Flood Control District of Maricopa County.
Given under my hand and seal of the office this day of. » 202__.
Notary Public (signature)
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361.01.12_U-216_OG-UE
GRANTEE:
ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation
ACCEPTANCE AND APPROVAL:
By: Swyanne MM, Tronine 8/8/2024
Name: Suzanne M. Trevino
Its: Supervisor, Right of Way Services
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)
The foregoing instrument was acknowledged before me this 08" day of August 2024, by
Suzanne M. Trevino, Supervisor, Right of Way Services for Arizona Public Service Company,
an Arizona corporation, and/or its successors and assigns.
DocuSigned by:
Aaa
Notary Public (signature)
MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 2027
Notary Stamp Seal
The notary public certifies that appropriate authorization has been issued by the Arizona
Secretary of State to allow electronic notarizations or remote online notarization pursuant
to A.R.S. § 41-276. This remote notarial act involved the use of communication technology.
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361.01.12_U-216_OG-UE
Exhibit “A”
Legal Description for
500/2301KKV Overhead Power Line Right-of-Way
Arizona Public Service
A strip of land 130 feet wide lying within a portion of the Southwest quarter of the
Southeast quarter (SWY%SE%) of Section 35, Township 5 North, Range 2 East of the Gila
and Salt River Meridian, Maricopa County, Arizona, said strip is described as follows:
COMMENCING at a brass cap marking the South quarter corner of said Section 35, being
South 89°23°50” West 2641.43 feet from a Maricopa County Highway Department
(MCHD) aluminum cap marking the Southeast comer of said Section 35;
Thence along the South line of said Section 35, North 89°23’50” East 660.36 feet to the
Southwest comer of the Southeast quarter of the Southwest quarter of the Southeast
quarter (SE“~SWYSE%) of said Section 35;
Thence continuing along said South line, North 89°23’50” East 406.43 feet;
Thence North 00°39’58” West 592.05 feet to a point on the Southerly Right-of-way line of
the Skunk Creek Channel said point being the POINT OF BEGINNING;
Thence continuing North 00°39’58” West 546.79 feet to a point on the Northerly Right-
of-way line of said Channel;
Thence along the said Northerly Right-of-way line, North 66°20’21” East 124.77 feet;
Thence continuing along said Northerly Right-of-way line, South 74°30’58” East 15.76
feet;
Thence South 00°3958” East 523.41 feet to a point on the Southerly Right-of-way line of
said Channel, said point also being a point on the North line of the Southeast quarter of
the Southwest quarter of the Southeast quarter (SEY%~SWY%SE\,) of said Section 35;
Thence along said North line, South 89°22’34” West 34.77 feet;
Thence continuing along said Southerly Right-of-way line, South 53°53’59” West 116.88
feet to the POINT OF BEGINNING.
Containing 69,004.16 square feet or 1.5841 acres, more or less.
I certify that, I, Steven Roy Pollock, am a Registered Land Surveyor in the State of
Arizona, that this description was prepared under my direction and contains adequate
information to allow retracement thereof.
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361.01.12_U-216_OG-UE
Exhibit “B”
Attached to Non-exclusive Utility Easement
EXHIBIT "B”
SKETCH SHOWING LOCATION AND LIMITS OF
UTILITY RIGHT—OF—WAY T\4
ve
7
=
a °
Q
Ge
aN
LINE TABLE 8
NUM BEARING | DISTANCE =
— J 130° WIDE
Li} Ne9r2"'56"E | _ 163.57 PROPOSED RIGHT-OF-WAY
L2|__NSS°*Or'45°E 218.12"
L3|_N66°202/"E 19120"| | -
L4|_$74°30'58"E 74.57" &
L5|_se-sro7'e| 29898'| | SUBJECT PREMISES
L6| si4°55'0e'W| _124.28' FLOOD CONTROL @
i?) 8793455'E| 90.63" DISTRICT OF
saoSaW S527] _.y MARICOPA COUNTY
£8 27'| =| APN-205-04-015B,
L9| $44°57'28’W 216.91" a1 029B, 380A & 033
Lio | _$3373'39°W 74.62'| @!&
Li| Nee-2oar"e| i24.77"| ® 4K
Li2|_$74°30'58"E 15.76'| & 252
Lis |_$89°22'34°W 34.77"| =| g
114 | _$63°53'59"W 16.88" A
LIS|__N66°202I'E| 66.43’ ! =
Lié |_§74°30'58"E 58.r'| 8 y . 9
Li7| $89°22'34"W 64.50'| 3 no I 5
Q x
hs s
RIGHT-OF-WAY AREA K iS
69,004.16 SF. OR 1.58 ACRES+ v ig
j®
1g
S 1/4 COR SEC 35 Is |
TON, R2E © |
BRASS CAP a
660.36] _ 406.43" _ \ _ _ |
BL N 89°23'50" E 1066.79"
SHEET 2 OF 2
LEGEND JOB# W36250! DATE 4/01/09
SE_1/4 SEC 35 TS5N_ R2E
KN RIGHT-OF-WAY AREA SCALE_1”=150°
TTT «SECTION LINE R/W_ DAVID RODRIGUEZ
—--— PROPERTY LINE
* PROPERTY CORNER Fae tene
DRAWN _BY: STEVEN ROY POLLOCK
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361.01.12_U-216_OG-UE
Exhibit “B” continued
| EXHIBIT _"B”
SKETCH SHOWING LOCATION AND LIMITS OF |
UTILITY RIGHT—OF—WAY
N 89°18'47" E 2646.36
Seng 1¥4 COR SEC 35 E 1/4 COR SEC 35
TSN, R2E TSN, R2E
CALCULATED POINT BRASS CAP
= =
ol SUBJECT PREMISES Ig
| FLOOD CONTROL DISTRICT OF STEVEN ROY } 8
g MARICOPA COUNTY G, POLLOCK, G
%1 APN-205-04—-015B, 029B, 30A NC 6 S
wl & 033 Is Is
SEE SHEET 2 OF 2
® EXPIRES 6/30/09 ey
a ES
ol Ig
is n
NORTH
BRASS CAP
OS i ~ ~ N 89°23'50" E 264/43
CERTIFICATION
I CERTIFY THAT, I, STEVEN ROY POLLOCK, AM A REGISTERED LAND SURVEYOR IN THE STATE
OF ARIZONA, THIS EXHIBIT WAS PREPARED UNDER MY DIRECTION AND CONTAINS ADEQUATE
INFORMATION TO ALLOW RETRACEMENT THEREOF.
S 1/4 COR SEC 35 SE COR SEC 35
TON, R2E | TEN, R2E \!
ALUM CAP
a)
LEGEND
(SGN RIGHT-OF-WAY AREA
BASIS-OF-BEARINGS —-— SECTION LINE
—--— PROPERTY LINE
DERIVED FROM: "RECORD OF SURVEY PLSS
SUBDIVISION, MARICOPA COUNTY GEODETIC ° PROPERTY CORNER
DENSIFICATION AND CADASTRALL SURVEY” RECORDED SHEET | OF 2
IN BOOK 588 OF MAPS PAGE 2, MARICOPA couNTY [JOB W362501 DATE 4701/09
RECORDS, MARICOPA COUNTY, ARIZONA. ARIZONA SE 1/4 SEC 35 TS5N R2E
STATE PLANE COORDINATE SYSTEM CENTRAL ZONE, | SCALE ['=500"
NAD-83 (EPOCH 1992, GDCS CONTROL] ALL DISTANCES [p7w DAVID RODRIGUEZ
SHOWN IN GROUND {INTERNATIONAL FEET) NO SURVEY
SURVEY: NONE
WAS PREFORMED DRAWN BY: STEVEN ROY POLLOCK
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361.01.12_U-216_OG-UE