ELECTRICAL DISTRICT NO 8 ATTACHMENT.PDF

OFFICIAL RECORDS OF

RECEIVED ss. MARICOPA COUNTY RECORDER
ADRIAN FONTES
FEB 2 0 2020 20180861567 11/20/2018 02:06
MARICOPA COUNTY ELECTRONIC RECORDING
CLERK BOARD OF SUPERVISORS
When recorded return to: £D811202018-5-1-1--
James D. Downing P.E. sarabiam
The Harcuvar Company
P.O. Box 70

Salome, AZ 85348

Resolution 2018-_5

FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of

ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT XXXVI LANDS

WHEREAS the following FINDINGS have been duly made by the Board of Directors (the “Board")
of Electrical District Number Eight of Maricopa County (the "District"):

A. Petitions have been timely and properly filed with the District In sufficient form and substance
pursuant to A.R.S, 48-1721 by the owners of certain lands, the legal description of which lands and the
respective owners of the various parcels thereof are all set forth on the attached Exhibit A hereto,
Incorporated herein by this reference. The Petitions request Inclusion of sald lands In the District. The
Petitions have been accepted by the District, and coples thereof are on file with the District. (Said lands
are collectively referred to herein as the "Unit XXXVI.Lands"; and the owners of parcels of sald lands are
collectively referred to herein as the "Unit XXXVI Landowners.")

B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on October 15th, 2018, to receive objections, if any, to the Petitions, all In accordance with A.R.S.
§§ 48-1704 and 48-1721, at which hearing no objections were made to the Petitions. Affidavits of posting
and publication of the notice of hearing are on file with the District. No objections to the Petitions have

been registered with the Board in writing or otherwise,

C. The parcels of Unit XXXVI Lands covered by the Petitions are, respectively, in a reasonably
compact body and regular form, and not so far removed as to materially increase the cost of service in
the District, Inasmuch as District service Is rendered by means of electrical or gas transmisslon‘and
distribution systems and facilities owned, maintained and operated by third party utilities and not by the
District, and the contractually established rates currently charged the District for District customers’ use of
such systems and facilities are not determined on the basis of any distances between the Unit XXXVI
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit XXXVI Lands’ distance from major electrical facilities, and the Unit XXXVI Lands will be subject

thereto.

D. The Unit XXXVI Lands may be equitably Included In the District If done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXVI Lands, which terms and
conditions are related to the pecullar distinguishing facts and characteristics of the Unit XXXVI Lands vis
a vis other lands in the District; e.g., the Unit XXXVI Lands have not paid taxes or assessments since the
formation of the District, and the resource loads of such lands were not included in the historical electric
load base upon which was determined the District's proportionate allocation of Boulder Canyon Project
federal preference hydropower, with its various appurtenant and related rights and contracts from and
with the

Arizona Power Authority and the Western Area Power Administration, inter alia, (collectively, the
"Preference Power Rights.") Such equitable terms and conditions of admission are appropriate and
necessary in order to insure that inclusion of the Unit XXXVI Lands shall not jeopardize or impair the
rights and privileges of the other lands and landowners previously in the District.

NOW, THEREFOR, be it RESOLVED, and it is hereby ORDERED, that the Unit XXXVI Lands,
as particularly described on the attached Exhibit A, are collectively, and each parcel thereof is
individually, hereby included in the District, but only expressly upon and subject to such equitable terms
and conditions as the Board determines may be necessary and appropriate to insure that such inclusion
of, and District service to, such lands shall not jeopardize or impair the rights and privileges enjoyed by
the other lands and landowners in the District by virtue of their prior inclusion in the District, including
without limitation the following specific conditions:

CONDITIONS OF INCLUSION:

4. The Unit XXXVI Lands shall not be liable for any District taxes or assessments levied prior to
this Order of Inclusion, but shall be fully liable in the same manner as all other lands in the District for all
taxes and assessments levied, and obligations incurred, by or for the benefit of the District after the date
hereof.

2. Lessees of State-owned lands shall be liable for timely payment of District assessments in lieu
of taxes in the same amounts and at the same times as if such assessments were taxes levied against
such lands, the District's receipt of each Installment of which shall be a perpetual condition precedent to
any District obligation to provide service to such lands.

3. All costs incurred by the District, whether before or after the date hereof, related to the
Petitions and any District activities in response thereto, or the consideration or implementation of the
inclusion of the Unit XXXVI Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit XXXVI Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit XXXVI Lands acreage, upon
invoice from the District.

4, Inclusion of the Unit XXXVI Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXXVI Lands or any other lands within or
without the boundaries of the District.

5. The Unit XXXVI Lands' priority of access to District power resources shall be expressly
secondary and subordinate to the priority or priorities of all other lands that were in the District prior to the
date hereof. Unit XXXVI Lands shall be charged for District services under "Block XXXVI" rates and
terms, which may be substantially more expensive than or otherwise less advantageous than the rates
and terms applicable to service to other lands previously in the District, as determined from time to time
by the Board as necessary or appropriate to insure that the immediate and long-term costs and quality of
service to the lands previously in the District are not adversely affected by inclusion of and service to the
Unit XXXVI Lands. Such terms may include, but are not limited to, higher deposit requirements, and
restrictions or limitations on participation in certain District programs benefiting District lands, such as a
District line extension program, if any, for reasonable periods of time until sufficient history of reliable
payment and performance within the District has been established, all at the discretion of the Board.

6. The transfer of electrical accounts serving the Unit XXXVI Lands may, under applicable laws
or agreements, give rise to certain stranded generation cost obligations payable to Arizona Public Service
Company ("APS"), as the utility previously serving such accounts. The discharge of all such obligations
shall be the sole responsibility of the Unit XXXVI Lands and Landowners; and the District may impose
exclusively upon the Unit XXXVI Lands and Landowners and related accounts various substantial fees or

surcharges, and may modify its normal resource purchasing and scheduling practices in ways that could
increase the costs of service to the Unit XXXVI Lands, as deemed reasonably necessary by the Board to
effectively discharge such obligations in a manner not adverse to the other lands and customers in the
District.

7. All responsibilities, relationships and liabilities related to the installation, condition,
maintenance, operation, control, replacement, regulatory compliance or other aspects of the lines,
transformers, motors, pumps, other physical facilities, equipment, operational controls and activities of
APS, the account customer or their respective agents or representatives, related to the Unit XXXVI Lands
and the accounts and customers thereon, shall remain solely with the owners and operators of the Unit
XXXVI Lands, respectively. The District shall have no liability for or duty to participate in such
relationships or activities, except as the Board may expressly elect to undertake, at its sole discretion, in
the best interests of all of the District. The Unit XXXVI Landowners shall be solely responsible for, but
shall coordinate with the District administrator, all on-site activities necessary to physically connect and
maintain service to their accounts through APS facilities in accordance with the District's Rules and
Regulations, the customer's Agreement for Electrical Service, and the District's various contracts with

APS.

8. Service to Unit XXXVI Lands will be provided only pursuant to a fully executed Agreement for
Electric Service between the District, the Landowner and any other lessee, operator or other party
participating as a customer of the District, in form acceptable to the Board and the District's legal counsel,
and upon satisfaction of all applicable deposit requirements as established by the Board for Block XXXVI

accounts.

IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and Order be filed
with the Board of Supervisors, and recorded with the official Recorder, of Maricopa County; and that the
District's officers, administrator, engineers and legal counsel take such other actions as may be
necessary, reasonable and prudent to effect the purposes and intent, and enforce the terms and
conditions of, this Findings, Resolution and Order.

ENTERED AND DATED this 15th day of October, 2018.

The Board of Directors of
Electrical District Number Eight

Lotwres J> —

Vice-Chairman ~

| hereby certify that the above is a true copy of the Findings, Resolution and Order of the Board of
Directors of Electrical District Number Eight entered and dated October, 15th, 2018.

&

Beeretary— y
Riz te ee S

APN

401-27-030B

401-27-031A

401-27-031B

401-27-031C

401-30-001C

401-30-001D

EXHIBIT “A”

“ LEGAL DESCRIPTIONS AND LEGAL OWNERS

Acres

36.29

24.45

19.81

18.69

11,55

16.19

OF LANDS PETITIONING FOR INCLUSION
MARICOPA & YUMA COUNTY

CJA FARMS LLG

Legal Description

ROOSEVELT CITRUS ACRES 2 BLK 1 MCR 19-31 PT SD SUB
LY W-IN SEC 1 T1S R5W DAF COM NW COR SD SEC 1 THS
33F TO TPOB TH E 639,.93F S 2051.63F W 106.43F S 584,21F
W 532.05F N 2639.03F TO TPOB EX S 22F OF N 55F SEC 4
FOR RD

ROOSEVELT CITRUS ACRES UNIT 2 BLK 1 MCR 19-31
BEING PT OF TRACT 3 AS DESC P/F 98-0927821 & BEING
DAF BEG NE COR SD TRACT 3 TH S 483.12F S 16D 52M E
503.72F W 2854.33F TO PT IN W LN SD TRACT 3 N 381.35F E
1319.73F TO E4 COR SEC 2 1S 5W TH CONT E 532.05F N
584.21F E 852.46F TO POB EX ANY PT LY W-IN SEC 2 1S 5W
ROOSEVELT CITRUS ACRES UNIT 2 BLK 1 MCR 19-34
BEING PT OF TRACT 3 AS DESC P/F 98-0927821 & BEING
DAF COM NE COR SD TRACT 3 TH S 483.12F S 16D 52M E
503.72F TO TPOB TH CONT S 16D 52M E 557.74F W
3013.74F TO PT IN W LN TRACT 3 N 534.47F E 2854.33F TO
TPOB EX ANY PT LY W-IN SEC 2 1S 5W

ROOSEVELT CITRUS ACRES UNIT 2 BLK 1 MCR 19-31
BEING PT OF TRACT 3 AS DESC P/F 98-0927821 & BEING
DAF COM NE COR SD TRACT 3 TH S 483.12F S 16D 52M E
1061.46F TO TPOB TH CONT S 16D 52M E 372.91F TO NLY
RW LN SP RIRTH S 83D 3M W 1813.28F TO PT IN W LN
SEC 1 1S 5W N 84.43F TO PT ON NON-TAN CUR TO LEFT
TH SWLY ALG SD CUR 370.10F TO PT OF CURV SPIRAL
CUR TO LEFT TH SWLY ALG SD CUR 91.60F S 75D 25M W
251.27F S 83D 3M W 293.58F S 6D 56M E 39.29F S 75D 25M
W 349,.84F TO SW COR TRACT 3N 808.83F E 3013.74F TO
TPOB EX ANY PT LY W-IN SEC 2 1S 5W

PT E2 SE4 SEC 2 LY W-IN FOL DESCRIPTION BEG NE COR
TRACT 3 AS DESC P/F 98-0927821 TH S 483.12F S 16D 52M
E 503.72F W 2854.33F TO PT ON W LN TRACT 3 N 381.35F E
1319.73F TO E4 COR SEC 2 E 532.05F N 584.21F THE
852.46F TO POB

PT E2 SE4 SEC 2 LY W-IN FOL DESCRIPTION COM NE COR
TRACT 3 AS DESC P/F 98-0927821 TH S 483.12F S 16D 52M
E 503.72F TO TPOB TH CONT S 16D 52M E 557.74F W
3013.74F TO PT ON W LN TRACT 3 N 534.47F E 2854.33F TO
TPOB

401-30-001E

401-30-003C

401-30-003D

504-36-024
504-36-025B

19.31

36.24

38.20

24.17
73.45

PT E2 SE4 SEC 2 LY W-IN FOL DESCRIPTION COM NE COR
TRACT 3 AS DESC P/F 98-0927821 TH S 483.12F S 16D 52M
E 1061.46F TO TPOB TH CONT S 16D 52M E 372.91F TO NLY
RW LN SP RIRTHS 83D 3M W 1813.28F TO PT ON WLN
SEC 1 1S 5W N 84.43F TO PT ON NON-TAN CUR TO LEFT
TH SWLY ALG SD CUR 370.10F TO PT OF CURV SPIRAL
CUR TO LEFT TH SWLY ALG SD CUR 91.60F S 75D 25M W
251.27F S 83D 3M W 293.58F S 6D 56M E 39.29F S 75D 25M
W 349.84F TO SW COR TRACT 3 N 808.83F E 3013.74F TO
TPOB

PT NE4 SEC 2 DAF COM NW COR TRACT 2 AS DES P/F 98-
0927824 TH E 552.18F TO TPOB TH CONT E 603.23F S
2672.03F W 603.23F N 2671.58F TO TPOB EX N 55F RD

PT NE4 SEC 2 DAF BEG NW COR TRACT 2 AS DES PIF 98-
0927824 TH E 552.18F S 2671.56F W 716.50F N 1335.50F E
465F N 1335.56F TO POB EX N 55F RD

W2 SW4 NW4 SE4 & W2 SW4 SE4 EX S 55' RD 24.17 AC

SE4 SE4 SEC 35 EX E2 TH/OF & ALSO W2 SE4 SEC 35 EX
W2 SW4 NW4 SE4 & W2 SW4 SE4 EX S 55F RD & ALSO EX N
40F OF S 65F OF E 50F OF W 728.95F OF SW4 SE4 RD

OFFICIAL RECORDS OF

RECEIVED-s_ MARICOPA COUNTY RECORDER
/ ADRIAN FONTES
FEB 2 0 2020 - 20190123393 02/22/2019 03:38
cure ARICOPA COUNTY ELECTRONIC RECORDING
RD OF SUPERVIS
When recorded return to: ORS ED802222019-5-1-1--
James D. Downing P.E. Yorkm
The Harcuvar Company
P.O. Box 70

Salome, AZ 85348

Resolution 2019-__1

FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS

of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT XXXVII LANDS

WHEREAS the following FINDINGS have been duly made by the Board of Directors (the Board")
of Electrical District Number Eight of Maricopa County (the "District"):

A. Petitions have been timely and properly filed with the District in sufficient form and substance
pursuant to A.R.S. 48-1721 by the owners of cerlain lands, the legal description of which lands and the
respective owners of the various parcels thereof are all set forth on the attached Exhibit A hereto,
Incorporated herein by this reference. The Petitions request Inclusion of sald lands In the District. The
Petitions have been accepted by the District, and copies thereof are on file with the District. (Sald lands
are collectively referred to herein as the "Unit XXXVI! Lands"; and the owners of parcels of sald lands are
collectively referred to herein as the "Unit XXXVII Landowners.")

B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on January 21st, 2019, to receive objections, if any, to the Petitions, all In accordance with A.R.S.
§§ 48-1704 and 48-1721, at which hearing no objections were made to the Petitions, Affidavits of posting
and publication of the notice of hearing are on file with the District. No objections to the Petitions have
been registered with the Board in writing or otherwise.

C. The parcels of Unit XXXVI Lands covered by the Petitions are, respectively, Ina reasonably
compact body and regular form, and not so far removed as to materially Increase the cost of service In
the District, inasmuch as District service Is rendered by means of electrical or gas transmission and
distribution systems and facilities owned, maintained and operated by third party utilities and not by the
District, and the contractually established rates currently charged the District for District customers’ use of
such systems and facilities are not determined on the basis of any distances between the Unit XXXVII
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit XXXVI! Lands’ distance from major electrical facilities, and the Unit XXXVII Lands will be subject

thereto.

D. The Unit XXXVII Lands may be equitably Included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXVI Lands, which terms and
conditions are related to the peculiar distinguishing facts and characteristics of the Unit XXXVil Lands vis
a vis other lands in the District; e.g., the Unit XXXVI Lands have not paid taxes or assessments since the
formation of the District, and the resource loads of such lands were not included in the historical electric
load base upon which was determined the District's proportionate allocation of Boulder Canyon Project
federal preference hydropower, with Its various appurtenant and related rights and contracts from and

with the

Arizona Power Authority and the Western Area Power Administration, inter alia, (collectively, the
"Preference Power Rights.") Such equitable terms and conditions of admission are appropriate and
necessary in order to insure that inclusion of the Unit XXXVII Lands shall not jeopardize or impair the
rights and privileges of the other lands and landowners previously in the District.

NOW, THEREFOR, be it RESOLVED, and it is hereby ORDERED, that the Unit XXXVII Lands,
as particularly described on the attached Exhibit A, are collectively, and each parcel thereof is
individually, hereby included in the District, but only expressly upon and subject to such equitable terms
and conditions as the Board determines may be necessary and appropriate to insure that such inclusion
of, and District service to, such lands shall not jeopardize or impair the rights and privileges enjoyed by
the other lands and landowners in the District by virtue of their prior inclusion in the District, including
without limitation the following specific conditions:

CONDITIONS OF INCLUSION:

4. The Unit XXXVI Lands shall not be liable for any District taxes or assessments levied prior to
this Order of Inclusion, but shall be fully liable in the same manner as all other lands in the District for all
taxes and assessments levied, and obligations incurred, by or for the benefit of the District after the date
hereof.

2. Lessees of State-owned lands shall be liable for timely payment of District assessments in lieu
of taxes in the same amounts and at the same times as if such assessments were taxes levied against
such lands, the District's receipt of each installment of which shall be a perpetual condition precedent to
any District obligation to provide service to such lands.

3. All costs incurred by the District, whether before or after the date hereof, related to the
Petitions and any District activities in response thereto, or the consideration or implementation of the
inclusion of the Unit XXXVII Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit XXXVII Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit XXXVII Lands acreage, upon
invoice from the District.

4, Inclusion of the Unit XXXVII Lands shall not affect in any manner the water or water rights
appurtenant to or In any way associated with any of the Unit XXXVI Lands or any other lands within or
without the boundaries of the District.

5. The Unit XXXVII Lands’ priority of access to District power resources shall be expressly
secondary and subordinate to the priority or priorities of all other lands that were in the District prior to the
date hereof. Unit XXXVII Lands shall be charged for District services under "Block XXXvVII" rates and
terms, which may be substantially more expensive than or otherwise less advantageous than the rates
and terms applicable to service to other lands previously in the District, as determined from time to time
by the Board as necessary or appropriate to insure that the immediate and long-term costs and quality of
service to the lands previously in the District are not adversely affected by inclusion of and service to the
Unit XXXVII Lands. Such terms may include, but are not limited to, higher deposit requirements, and
restrictions or limitations on participation in certain District programs benefiting District lands, such as a
District line extension program, if any, for reasonable periods of time until sufficient history of reliable
payment and performance within the District has been established, all at the discretion of the Board.

6. The transfer of electrical accounts serving the Unit XXXVI] Lands may, under applicable laws
or agreements, give rise to certain stranded generation cost obligations payable to Arizona Public Service
Company ("APS"), as the utility previously serving such accounts. The discharge of all such obligations
shall be the sole responsibility of the Unit XXXVII Lands and Landowners; and the District may impose
exclusively upon the Unit XXXVII Lands and Landowners and related accounts various substantial fees or

surcharges, and may modify its normal resource purchasing and scheduling practices in ways that could
increase the costs of service to the Unit XXXVII Lands, as deemed reasonably necessary by the Board to
effectively discharge such obligations in a manner not adverse to the other lands and customers in the
District.

7. All responsibilities, relationships and liabilities related to the installation, condition,
maintenance, operation, control, replacement, regulatory compliance or other aspects of the lines,
transformers, motors, pumps, other physical facilities, equipment, operational controls and activities of
APS, the account customer or their respective agents or representatives, related to the Unit XXXVIE
Lands and the accounts and customers thereon, shall remain solely with the owners and operators of the
Unit XXXVII Lands, respectively. The District shall have no liability for or duty to participate in such
relationships or activities, except as the Board may expressly elect to undertake, at its sole discretion, in
the best interests of all of the District. The Unit XXXVII Landowners shall be solely responsible for, but
shall coordinate with the District administrator, all on-site activities necessary to physically connect and
maintain service to their accounts through APS facilities in accordance with the District's Rules and
Regulations, the customer's Agreement for Electrical Service, and the District's various contracts with

APS.

8. Service to Unit XXXVII Lands will be provided only pursuant to a fully executed Agreement for
Electric Service between the District, the Landowner and any other lessee, operator or other party
participating as a customer of the District, in form acceptable to the Board and the District's legal counsel,
and upon satisfaction of all applicable deposit requirements as established by the Board for Block XXXVII

accounts.

IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and Order be filed
with the Board of Supervisors, and recorded with the official Recorder, of Maricopa County; and that the
District's officers, administrator, engineers and legal counsel take such other actions as may be
necessary, reasonable and prudent to effect the purposes and intent, and enforce the terms and
conditions of, this Findings, Resolution and Order.

ENTERED AND DATED this 21st day of January, 2019.

The Board of Directors of
Electrical District Number Eight

B... 12> __

Vice-Chairman SS

| hereby certify that the above is a true copy of the Findings, Resolution and Order of the Board of
Directors of Electrical District Number Eight entered and dated January, 21st, 2019.

“te Lh.

Sécretary

EXHIBIT “A”
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
MARICOPA & YUMA COUNTY

YOUNG JOHNNY C/PAULA

APN

ACRES

LEGAL DESCRIPTION

502-49-014M

617,869 sq
ft
14.18 A

PT PAR LY NLY & ELY DAF PT TR 38 T1N R2W DAF COMM NE COR
SD TR 38 TH W 863.75 TH S 81D 52M W 1783.09F TH S 501.70F THN
70D 36M E 341,20F TH S 81D 42M E 2232.70F TH N 364.31F TH E 102F
TH N 599F TO POB EX DAF COMM NE COR SD TR 38 TH S 598.64F
TH W 102F TH S 364.31F TH N 81D 19M W 1222F TO POB THIS EX TH
CONT N 81D 19M W 367.88F TH N 03D 19M W 613,37F TH N 82D 10M
E 360.94F TH S 03D 19M E 718.19F TO POB TH EX & EX DAF COMM
NE COR SD TR 38 TH N 125.49F TO S LN SOUTHERN PACIFIC RR TH
S 82D 10M W 495.39F TO TPOB TH EX TH S 82D 10M W 875F THS
03D 19M E 300F THN 82D 10M E 510F TH N 03D 19M W 120F TH N
82D 10M E 365F TH N 03D 19M W 180F TO POB TH EX & EX DAF COM
NE COR SD TR 38 TH S 598.64F TH W 102F TH S 364.31F TH N 81D
49M W 1589.88F TO TPOB TH EX TH CONT N 81D 19M W 638.91F TH
S 70D 54M W 341.20F TO WLN SD TR 38 THN 501.70F TO SLN
SANTA FE RR CO ROW THN 82D 10M E 924.36F ALG SD S ROW
LNTH S 03D 19M E 613.37F TO TPOB TH EX P/F 97-0536488 PCL 1 &
EX PT TR 38 OF SEC 26 T1N R2W DAF COM NE COR SD TR 38 THN
125.49F TH S 82D 10M W 495.69F TH S 03D 19M E 120F TH S 82D 10M
W 205.19F POB TH S 82D 10M W 241.85F TH S 02D 27M E 363.60F TH
S 44D 52M E 77.41F TH S 81D 37M E 1114.96F TH N 131.33F TH N 81D
37M W 723.07F TH TANG CUR NELY RAD 229.40F ARC LEN 295.35F
TH N 07D 51M W 182.93F POB P/F 13-0506217

S26 TIN R2W; MARICOPA COUNTY

502-49-020G

54,886 sq

1.26 A

ATRLY W/IN W2 SEC 26 LY S OF SLY R/W OF SPRRN OF NIN OF TR
38 & W OF NLY PROLG OF E LN OF SD TR 38 SD TR BEING DAF BEG NE
COR SD TR 38 TH W 899.86F TH N 81D 54M E 909.47F TH § 122.75F TO
TPOB

S26 TIN R2W; MARICOPA COUNTY

502-049-014L

58,147 sq

1.33 A

PT PAR LY SLY & WLY DAF PT TR 38 TIN R2W DAF COMM NE COR SD
TR 38 TH W 863.75 TH S 81D 52M W 1783.09F TH S$ 501.70F TH N 70D 36M
E 341,20F TH S 81D 42M E 2232.70F TH N 364.31F TH E 102F TH N 599F TO
POB EX DAF COMM NE COR SD TR 38 TH S 598.64F TH W 102F THS
364.31F TH N 81D 19M W 1222F TO POB THIS EX TH CONT N 81D 19M W
367.88F TH N 03D 19M W 613.37F TH N 82D 10M E 360.94F TH § 03D 19ME
718.19F TO POB TH EX & EX DAF COMM NE COR SD TR 38 THN 125.49F
TO S LN SOUTHERN PACIFIC RR TH S 82D 10M W 495.39F TO TPOB TH
EX TH S 82D 10M W 875F TH S 03D 19M E 300F TH N 82D 10M E S10F TH
N 03D 19M W 120F TH N 82D 10M E 365F TH N 03D 19M W 180F TO POB
TH EX & EX DAF COM NE COR SD TR 38 TH S 598.64F TH W 102F TH S
364.31F TH N 81D 19M W 1589.88F TO TPOB TH EX TH CONT N 81D 19M
W 638.91F TH S 70D 54M W 341.20F TO W LN SD TR 38 TH N 501.70F TO S
LN SANTA FE RR CO ROW TH N 82D 10M E 924.36F ALG SD S ROW
LNTH § 03D 19M E 613.37F TO TPOB TH EX P/F 97-0536488 PCL | & EX PT
TR 38 OF SEC 26 TIN R2W DAF COM NE COR SD TR 38 TH N 125,49F TH
§ 82D 10M W 495.69F TH S 03D 19M E 120F TH S 82D 10M W 205.19F POB
TH § 82D 10M W 241,85F TH S 02D 27M E 363.60F TH S 44D 52M E 77.41F

TH S 81D 37M E 1114.96F THN 131.33F THN 81D 37M W 723.07F TH
TANG CUR NELY RAD 229.40F ARC LEN 295.35F TH N 07D 51M WwW
182.93F POB P/F 13-0506217

$26 TIN R2W; MARICOPA COUNTY

502-49-014J

154,072 sq
ft.
3.53 A

PT TR 38 SEC 26 IN 2W DAF COM NE COR TR 38 TH N 125,49F TO PT ON
§ R/W LLNS PR/RTHS 82D 10M W 495.69F TO TPOB CONT S 82D 10M W
875F § 3D 19M E 300F N 82D 10M E 510F N 3D 19M W 120F N 82D 10M E
365F N 3D 19M W 180F TO TPOB EX PT TR 38 SEC 26 1N 2W DAF COM NE
COR TR 38 TH N 125.49F TO PT ON S R/WLNS P RR TH S 82D 10M W
1112.62F TH § 07D 51M E 22.76F POB TH N 82D 05M E 85.91F TH $ 07D
51M E 105,50F TH S 82D 39M W 62.90F TH S 07D 51M E 171.46F TH S 82D
10M W 241.85F TH N 02D 27M W 199.32F TH N 68D 09M E 95.98F TH N07D
51 W 54.46F TH N 82D 05M E 106.98F POB P/F 13-0506217

$26 TIN R2W; MARICOPA COUNTY

502-50-025A

42,960 sq
ft.
0.97 A

PT SEC 26 IN 2W TR 38 LY E OF ELN W SOF SEC 26 & LY WI/IN DAF
COM NE COR SD TR 38 TH S 598.64F TH W 102F TH S 364.31F THN 81D
19M W 1222F TO TPOB TH CONT N 81D 19M W 19.80F TH N 18D 37M Ww
169.05F TH § 74D 50M W 202.33F TH N 03D 19M W 543.42F TH ALG S
ROW SFPRR N 82D 10M E 360.95F TH S 03D 19M E TO TPOB

$26 TIN R2W; MARICOPY COUNTY

602-50-972

34,546 sq
ft.
0.794

W 50F OF SEC 26 LY WI/IN DAF PT SEC 26 IN 2W TR 38 LY WI/IN DAF
COM NE COR SD TR 38 TH S 598.64F TH W 102F TH S 364.31F TH N 81D
19M W 1222F TO TPOB TH CONT N 81D 19M W 19,80F TH N 18D 37M WwW
169.05F TH § 74D 50M W 202.33F TH N 03D 19M W 543.42F TH ALG S
ROW SFPRR N 82D 10M E 360.95F TH S 03D 19M ETO TPOB

$26 TIN R2W; MARICOPA COUNTY

502-50-029A

25,189 sq
ft.
S58 A

TH PT SEC 27 1N 2W TR 38 LY WI/IN DAF COM NE COR SD TR 38 TH Ss
598.64F TH W 102F TH S 364.31F TH N 81D 19M W 1222F TH CONT N 81D
19M W 119.80F TO TPOB TH N 18D 37M W 169.05F TH S 74D 50M W
202.33E TH S 03D 19M E 69.95F M/L TO § LN PCL TH S 81D 19M E 248.08F
M/L TO TPOB

S27 TIN R2W; MARICOPA COUNTY

502-50-028A

136,091 sq
ft.
312A

TH PT SEC 27 1N 2W TR 38 LY WI/IN DAF COM NE COR SD TR 38 THS
598.64F TH W 102F TH S 364.31F TH N 81D 19M W 1222F TH CONT N 81D
19M W 119.80F TO TPOB TH N 18D 37M W 169,05F TH S 74D 50M W
202.33F TH § 03D 19M E 69.95F M/L TO S LN PCL TH § 81D 19M E 248.08F
M/L TO TPOB

SMARICOPA COUNTY

§02-50-027D

280,827 sq
ft
645A

PT TR 38 TIN R2W DAF COM NE COR SD TR 38 TH S 598.64F TH W 102F
TH § 364.31F TH N 81D 19M W 1589.88F TO POB TH CONT N 638.91F THS
70D 54M W 341.20F TH N 501.70F TH N 82D 10M E 924.36F TH S 03D 19M E
613.37F TO POB (P/F 06-1415075) EX TH POR DAF COM NE COR TR 38 TH
S$ 598.64F TH W 102F TH S 364.21F TH N 81D 19M W 1589.88F TO POB TH
CONT N 81D 19M W 185F TH N 03D 19M W 293.12F TH E 181.36F TH S 03D
19M E 319.46F TO POB (P/F 08-0341321) & ALSO EX PT TR 38 SEC 27 TIN
R2W DAF COM NE COR SD TR 38 TH S 598.64F ALG E LN SD TR 38 TH WwW
102F TH § 364.21F TH N 81D 19M W 2228.79F TH S 70D 30M W 46.74F TO
POB TH CONT S$ 70D 30M W 294.99F TH N 500.48F TH N 82D 10M E
280.53F TH S 440.57F TO POB P/F 10-0564692

S27 TIN R2W; MARICOPA COUNTY

32.24
ACRES

RECEIVED
FEB 2 0 2070°"S5.

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20190199808 03/22/2019 10:59
ELECTRONIC RECORDING

MARICOPA COUNTY
CLERK BOARD OF SUPERVISORS
When recorded return to: ED803222019-8-1-1--
James D, Downing P.E. Garciac
The Harcuvar Company
P.O. Box 70

Salome, AZ 85348

Resolution 2019-_ 2

FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT XXXVII LANDS

WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa County (the “District"):

A. Petitions have been timely and properly filed with the District In sufficient form and substance
pursuant fo A.R.S. 48-1721 by the owners of certain lands, the legal description of which lands and the
respective owners of the various parcels thereof are all set forth on the attached Exhibit A hereto,
Incorporated herein by this reference. The Petitions request inclusion of sald lands In the District. The
Petitions have been accepted by the District, and coples thereof are on file with the District. (Said lands
are collectively referred to herein as the "Unit XXXVI! Lands"; and the owners of parcels of sald lands are
collectively referred to herein as the "Unit XXXVIII Landowners.")

B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on February 18th, 2019, to recelve objections, if any, to the Petitions, all In accordance with A.R.S.
§§ 48-1704 and 48-1721, at which hearing no objections were made to the Petitions. Affidavits of posting
and publicatlon of the notice of hearing are on file with the District. No objections to the Petitions have

been registered with the Board in writing or otherwise.

C. The parcels of Unit XXXVIII Lands covered by the Petitions are, respectively, in a reasonably
compact body and regular form, and not so far removed as to materially increase the cost of service In
the District, inasmuch as District service is rendered by means of electrical or gas transmission and
distribution systems and facllities owned, maintained and operated by third party utllitles and not by the
District, and the contractually established rates currently charged the District for District customers’ use of
such systems and facilities are not determined on the basis of any distances between the Unit XXXVIII
Lands and the other lands In the District. It is noted however, that future charges may depend upon the
Unit XXXVII Lands’ distance from major electrical facilities, and the Unit XXXVIII Lands will be subject

thereto.

D. The Unit XXXVIII Lands may be equitably Included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXVIII Lands, which terms and
conditions are related to the pecullar distinguishing facts and characteristics of the Unit XXXVIII Lands vis
a vis other lands in the District; e.g., the Unit XXXVIII Lands have not pald taxes or assessments since
the formation of the District, and the resource loads of such lands were not included in the historical
electric load base upon which was determined the District's proportionate allocation of Boulder Canyon
Project federal preference hydropower, with Its varlous appurtenant and related rights and contracts from
and with the Arizona Power Authority and the Western Area Power Administration, inter alia, (collectively,
the "Preference Power Rights.") Such equitable terms and conditions of admission are appropriate and

When recorded return to:
James D. Downing P.E.
The Harcuvar Company
P.O, Box 70

Salome, AZ 85348

Resolution 2019-__2

FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT XXXVIIl LANDS

WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board'")
of Electrical District Number Eight of Maricopa County (the "District”):

A. Petitions have been timely and properly filed with the District in sufficient form and substance
pursuant to A.R.S. 48-1721 by the owners of certain lands, the legal description of which lands and the
respective owners of the various parcels thereof are all set forth on the attached Exhibit A hereto,
incorporated herein by this reference. The Petitions request inclusion of said lands in the District. The
Petitions have been accepted by the District, and copies thereof are on file with the District. (Said lands
are collectively referred to herein as the "Unit XXXVIII Lands", and the owners of parcels of said lands are
collectively referred to herein as the "Unit XXXVIII Landowners.")

B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on February 18th, 2019, to receive objections, if any, to the Petitions, all in accordance with A.R.S.
§§ 48-1704 and 48-1721, at which hearing no objections were made to the Petitions. Affidavits of posting
and publication of the notice of hearing are on file with the District. No objections to the Petitions have
been registered with the Board in writing or otherwise.

C. The parcels of Unit XXXViIII Lands covered by the Petitions are, respectively, in a reasonably
compact body and regular form, and not so far removed as to materially increase the cost of service in
the District, inasmuch as District service is rendered by means of electrical or gas transmission and
distribution systems and facilities owned, maintained and operated by third party utilities and not by the
District, and the contractually established rates currently charged the District for District customers’ use of
such systems and facilities are not determined on the basis of any distances between the Unit XXXVI
Lands and the other lands in the District. It ls noted however, that future charges may depend upon the
Unit XXXVIII Lands’ distance from major electrical facilities, and the Unit XXXVII Lands will be subject

thereto.

D. The Unit XXXVIII Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXVIII Lands, which terms and
conditions are related to the peculiar distinguishing facts and characteristics of the Unit XXXVIII Lands vis
a vis other lands in the District; e.g., the Unit XXXVIII Lands have not paid taxes or assessments since
the formation of the District, and the resource loads of such lands were not included in the historical
electric load base upon which was determined the District's proportionate allocation of Boulder Canyon
Project federal preference hydropower, with its various appurtenant and related rights and contracts from
and with the Arizona Power Authority and the Western Area Power Administration, inter alia, (collectively,
the "Preference Power Rights.") Such equitable terms and conditions of admission are appropriate and

necessary in order to insure that inclusion of the Unit XXXVIII Lands shall not jeopardize or impair the
rights and privileges of the other lands and landowners previously in the District.

NOW, THEREFOR, be it RESOLVED, and it is hereby ORDERED, that the Unit XXXVIII Lands,
as particularly described on the attached Exhibit A, are collectively, and each parcel thereof is
individually, hereby included in the District, but only expressly upon and subject to such equitable terms
and conditions as the Board determines may be necessary and appropriate to insure that such inclusion
of, and District service to, such lands shall not jeopardize or impair the rights and privileges enjoyed by
the other lands and landowners in the District by virtue of their prior inclusion in the District, including
without limitation the following specific conditions:

CONDITIONS OF INCLUSION:

4. The Unit XXXVIII Lands shall not be liable for any District taxes or assessments levied prior to
this Order of Inclusion, but shall be fully liable in the same manner as all other lands in the District for all
taxes and assessments levied, and obligations incurred, by or for the benefit of the District after the date

hereof.

2. Lessees of State-owned lands shall be liable for timely payment of District assessments in lieu
of taxes in the same amounts and at the same times as if such assessments were taxes levied against
such lands, the District's receipt of each installment of which shall be a perpetual condition precedent to
any District obligation to provide service to such lands.

3. All costs incurred by the District, whether before or after the date hereof, related to the
Petitions and any District activities in response thereto, or the consideration or implementation of the
inclusion of the Unit XXXVIII Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit XXXVIII Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit XXXVIII Lands acreage, upon

invoice from the District.

4. Inclusion of the Unit XXXVIII Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXXVIII Lands or any other lands within or
without the boundaries of the District.

5, The Unit XXXVIII Lands' priority of access to District power resources shall be expressly
secondary and subordinate to the priority or priorities of all other lands that were in the District prior to the
date hereof, Unit XXXVIII Lands shall be charged for District services under "Block XXXVII" rates and
terms, which may be substantially more expensive than or otherwise less advantageous than the rates
and terms applicable to service to other lands previously In the District, as determined from time to time
by the Board as necessary or appropriate to insure that the immediate and long-term costs and quality of
service to the lands previously in the District are not adversely affected by inclusion of and service to the
Unit XXXVI Lands. Such terms may include, but are not limited to, higher deposit requirements, and
restrictions or limitations on participation in certain District programs benefiting District lands, such as a
District line extension program, if any, for reasonable periods of time until sufficient history of reliable
payment and performance within the District has been established, all at the discretion of the Board.

6. The transfer of electrical accounts serving the Unit XXXVIII Lands may, under applicable laws
or agreements, give rise to certain stranded generation cost obligations payable to Arizona Public Service
Company ("APS"), as the utility previously serving such accounts. The discharge of all such obligations
shall be the sole responsibility of the Unit XXXVIII Lands and Landowners; and the District may impose
exclusively upon the Unit XXXVIII Lands and Landowners and related accounts various substantial fees
or surcharges, and may modify its normal resource purchasing and scheduling practices in ways that
could increase the costs of service to the Unit XXXVIII Lands, as deemed reasonably necessary by the
Board to effectively discharge such obligations in a manner not adverse to the other lands and customers

in the District.

7. All responsibilities, relationships and liabilities related to the installation, condition,
maintenance, operation, control, replacement, regulatory compliance or other aspects of the lines,
transformers, motors, pumps, other physical facilities, equipment, operational controls and activities of
APS, the account customer or their respective agents or representatives, related to the Unit XXXViIII
Lands and the accounts and customers thereon, shall remain solely with the owners and operators of the
Unit XXXVII! Lands, respectively. The District shall have no liability for or duty to participate in such
relationships or activities, except as the Board may expressly elect to undertake, at its sole discretion, in
the best interests of all of the District. The Unit XXXVIII Landowners shall be solely responsible for, but
shall coordinate with the District administrator, all on-site activities necessary to physically connect and
maintain service to their accounts through APS facllities in accordance with the District's Rules and
Regulations, the customer's Agreement for Electrical Service, and the District's various contracts with
APS,

8. Service to Unit XXXVIII Lands will be provided only pursuant to a fully executed Agreement for
Electric Service between the District, the Landowner and any other lessee, operator or other party
participating as a customer of the District, in form acceptable to the Board and the District's legal counsel,
and upon satisfaction of all applicable deposit requirements as established by the Board for Block
XXXVIIl accounts.

IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and Order be filed
with the Board of Supervisors, and recorded with the official Recorder, of Maricopa County, and that the
District's officers, administrator, engineers and legal counsel take such other actions as may be
necessary, reasonable and prudent to effect the purposes and intent, and enforce the terms and
conditions of, this Findings, Resolution and Order.

ENTERED AND DATED this 18th day of February, 2019.

The Board of Directors of
Electrical District Number Eight

FS )2 GE Faw ——~

Chairman 7

| hereby certify that the above is a true copy of the Findings, Resolution and Order of the Board of
Directors of Electrical District Number Eight entered and dated February, 18th, 2019.

Ez

Sécretary

COUNTY
Maricopa

Maricopa

APN
401-86-002

401-86-004

401-86-005
401-86-040B
401-86-040C

EXHIBIT “A”
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION

MARICOPA & YUMA COUNTY

HYDER RANCH LLC

ACRES LEGAL DESCRIPTION

40.00 The East half of the Northwest quarter of
Section 3,

40.00 Township 4 South, Range 10 West of the Gila
and Salt River Base and Meridian, Maricopa
County, Arizona.

80.00 The Southwest quarter of Section 4, Township 4

10.00 South, Range 10 West of the Gila and Salt River

56.64 Base and Meridian, Maricopa County, Arizona;

EXCEPT that part of the Southwest quarter of
Section 4, Township 4 South, Range 10 West of
the Gila and Salt River Base and Meridian,
Maricopa County, Arizona, described as follows:
COMMENCING at the South quarter corner of
said Section 4; Thence North 89 degrees 50
minutes 00 seconds West along the South line
of the Southwest quarter, a distance of 158.80
feet to the TRUE POINT OF BEGINNING;

Thence continuing North 89 degrees 50 minutes
00 seconds West along the South line of the
Southwest quarter, a distance of 831.17 feet;
Thence North 00 degrees 00 minutes 43
seconds West parallel to the West line of the
East half of said Southwest quarter a distance of
707.51 feet; Thence South 89 degrees 50
minutes 00 seconds East parallel to the South
line of the Southwest quarter a distance of
831.17 feet; Thence South 00 degrees 00
minutes 43 seconds East parallel to the West
line of the East half of said Southwest quarter a
distance of 707.51 feet To the TRUE POINT OF
BEGINNING.

Maricopa

Maricopa

Maricopa

Maricopa

Maricopa

Maricopa

401-86-037

401-86-039A

401-89-007A
401-89-007B

401-89-002C
401-89-002D
401-89-002E
401-89-002F
401-89-003
401-89-004
401-89-005

401-84-001A

401-84-002

401-84-017A

401-84-018A

401-84-019
401-84-020A

80,00

20.00

80,15
80.16

40.00
40.00
40.06
40.04
160.00
160.00
160.00

157.58

159.88

95.60

16.35

160.00
150.06

The West half of the Northeast quarter of
Section 4, Township 4 South, Range 10 West of
the Gila and Salt River Base and Meridian,
Maricopa County, Arizona.

The West half of the West half of the East half
of the Northeast quarter of Section 4, Township
4 South, Range 10 West of the Gila and Salt
River Base and Meridian, Maricopa County,
Arizona

The Southwest quarter of Section 3, Township 4
South, Range 10 West of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona.

All of Section 14, Township 4 South, Range 10
West of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona.

The North half of Section 23, Township 4 South,
Range 10 West of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona.

That portion of Section 27, Township 4 South,
Range 10 West of the Gila and Salt River
Meridian, Maricopa County, Arizona, lying
North of the right- of-way of the Southern
Pacific Railroad tracks.

Maricopa

Maricopa

Maricopa

401-84-017C
401-84-017D
401-84-018G
401-84-018H

401-84-022

401-84-023

39,52
8.35
125.76
3.37

80.00

160.00

That portion of Section 27, Township 4 South,
Range 10 West of the Gila and Salt River
Meridian, Maricopa County, Arizona, lying
South of the right- of-way of the Southern
Pacific Railroad tracks;

EXCEPT that part of the East half of Section 27,
Township 4 South, Range 10 West of the Gila
and Salt River Meridian, Maricopa County,
Arizona, more particularly described as follows:
BEGINNING at the East quarter corner of
Section 27; Thence along an assumed bearing of
South 00 degrees 43 minutes 50 seconds West,
along the East line of the Southeast quarter of
said Section 27, for a distance of 126.91 feet;

Thence departing said East line, North 89
degrees 10 minutes 59 seconds West, along a
line 126.92 feet South of and parallel with the
East-West mid- section line of said Section 27,
for a distance of 965.82 feet;

Thence departing said parallel line, North 61
degrees 47 minutes 25 seconds East, along the
Southeasterly right-of-way of the Southern
Pacific Railroad, for a distance of 1103.04 feet
to a point on the East line of the Northeast
quarter of said Section 27;

* Thence departing said right-of-way, South 00

degrees 39 minutes 28 seconds West, along
said East line, for a distance of 408.30 feet to
the POINT OF BEGINNING.

The North half of the Southwest quarter of
Section 35, Township 4 South, Range 10 West of
the Gila and Salt River Base and Meridian,
Maricopa County, Arizona.

The Northwest quarter of Section 35, Township
4 South, Range 10 West of the Gila and Salt
River Base and Meridian, Maricopa County,
Arizona.

Maricopa

Maricopa

Maricopa

' Maricopa

Maricopa

Maricopa

Maricopa

Maricopa

403-28-001C

403-28-002B

403-28-002E

403-28-003

403-29-028
403-29-030
403-29-035A

403-29-031
403-29-032
403-29-033
403-29-034

403-29-037

403-29-114

403-29-116

403-29-117

40,00

40.00

40,00

160.00

40.00
40.00
40.00

40.00
40.00
40.00
40.00

40.00

80.00

40.00

40.00

The Southeast quarter of the Northwest quarter
of Section 2, Township 5 South, Range 10 West
of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona.

The South half of the Northeast quarter of
Section

2, Township 5 South, Range 10 West of the Gila
and Salt River Base and Meridian, Maricopa
County, Arizona.

The Southeast quarter of Section 2, Township 5
South, Range 10 West of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona.

The Southwest quarter of Section 9, Township 5
South, Range 10 West of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona;
EXCEPT the Northwest quarter of the Southwest
quarter of said Section 9.

The Southeast quarter of Section 9, Township 5
South, Range 10 West of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona.

The Southeast quarter of the Northeast quarter
of Section 9, Township 5 South, Range 10 West
of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona.

The East half of the Southwest quarter of
Section 10, Township 5 South, Range 10 West of
the Gila and Salt River Base and Meridian,
Maricopa County, Arizona.

The South half of the Northwest quarter of
Section

10, Township 5 South, Range 10 West of the
Gila and Salt River Base and Meridian, Maricopa
County, Arizona,

Yuma

Yuma

Yuma

140-22-008

141-18-003

141-19-004

40.10

69.50

34,99

Parcel #140-22-008 : A SPLIT OF THE East
half of Section 22, Township 4 South,
Range 11 West, G & S.R. & M., Yuma,
County, AZ Parcel D known as The
Southeast 1/4, of the Northeast 1/4 of
Section 22, Township 4 South, Range 11
West, G &S.R. B. & M. Yuma County AZ

Lots 3 and 4, Section 18, Township 4
South, Range 10 West of the Gila and Salt
River Base and Meridian, Yuma County

Arizona

Lot 4, Section 19, Township 4 South,
Range 10 West of the Gila and Salt River
Base and Meridian, Yuma County,
Arizona.

OFFICIAL RECORDS OF

RECEIVED -"35. MARICOPA COUNTY RECORDER
. ADRIAN FONTES
FEB 2 0 2029 ; 20190557166 07/23/2019 03:26
MARICOPA COUNTY ELECTRONIC RECORDING
CLERK BOARD OF SUPERVISORS

When recorded return to: ED807232019-4-1-1--
James D. Downing P.E. Garciac
Electrical District Number Eight
P.O. Box 99

Salome, AZ 85348

Resolution 2019-__4

FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of

THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA & YUMA COUNTIES, ARIZONA
FOR UNIT XXXIX LANDS

WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board”)
of Electrical District Number Eight of Maricopa & Yuma Countles (the "District”):

A. Petitions have been timely and properly filed with the District In sufficient form and substance
pursuant to A.R.S. 48-1721 by the owners of certain lands, the legal description of which lands and the
respective owners of the various parcels thereof are all set forth on the attached Exhibit A hereto,
incorporated herein by this reference. The Petitions request inclusion of sald lands in the District. The
Petitions have been accepted by the District, and copies thereof are on file with the District. (Sald lands
are collectively referred to herein as the "Unit XXXIX Lands"; and the owners of parcels of sald lands are
collectively referred to herein as the "Unit XXXIX Landowners.")

B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on June 17th, 2019, to receive objections, if any, to the Petitions, all In accordance with A.R.S. §§
48-1704 and 48-1721, at which hearing no objections were made to the Petitions. Affidavits of posting
and publication of the notice of hearing are on file with the District. No objections to the Petitlons have
been registered with the Board in writing or otherwise.

C. The parcels of Unit XXXIX Lands covered by the Petitions are, respectively, in a reasonably
compact body and regular form, and not so far removed as to materially Increase the cost of service in
the District, inasmuch as District service is rendered by means of electrical or gas transmission and
distribution systems and facilitles owned, maintained and operated by third party uttlities and not by the
District, and the contractually established rates currently charged the District for District customers’ use of
such systems and facllities are not determined on the basis of any distances between the Unit XXXIX
Lands and the other lands In the District. It is noted however, that future charges may depend upon the
Unit XXXIX Lands’ distance from major electrical facilities, and the Unit XXXIX Lands will be subject

thereto.

D. The Unit XXXIX Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXIX Lands, which terms and
conditions are related to the peculiar distinguishing facts and characteristics of the Unit XXXIX Lands vis
a vis other lands in the District; e.g., the Unit XXXIX Lands have not pald taxes or assessments since the
formation of the District, and the resource loads of such lands were not included In the historical electric
load base upon which was determined the District's proportionate allocation of Boulder Canyon Project
federal preference hydropower, with its various appurtenant and related rights and contracts from and
with the Arizona Power Authority and the Western Area Power Administration, inter alia, (collectively, the
"Preference Power Rights.") Such equitable terms and conditions of admission are appropriate and