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OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20190704719 09/10/2019 08:01
ELECTRONIC RECORDING
When recorded return to: -4-1-1--
James D. Downing P.E. 93809102029 a-i-1
Electrical District Number Eight Yor
P.O. Box 89
Salome, AZ 85348
Resolution 2019-__7
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA & YUMA COUNTIES, ARIZONA
FOR UNIT XXXXI LANDS
WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa & Yuma Counties (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 XXXXI Lands"; and the owners of parcels of said lands are
collectively referred to herein as the "Unit XXXXI Landowners.”)
B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on July 22nd, 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 XXXXI 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 XXXXI
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit XXXXI Lands’ distance from major electrical facilities, and the Unit XXXXI Lands will be subject
thereto.
D. The Unit XXXXI Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXXI Lands, which terms and
conditions are related to the peculiar distinguishing facts and characteristics of the Unit XXXXI Lands vis
a vis other lands in the District; e.g., the Unit XXXXI 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
20190704719
necessary in order to insure that inclusion of the Unit XXXXi 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 XXXXI 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:
1. The Unit XXXXI 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 XXXXI Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit XXXXI Landowner(s)/ Petitioner(s) In the respective
proportions that each Petitioner's included acreage bears to the total Unit XXXXI Lands acreage, upon
invoice from the District.
4. Inclusion of the Unit XXXXI Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXXXI Lands or any other lands within or
without the boundaries of the District.
5. The Unit XXXXI 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 XXXXI Lands shall be charged for District services under "Block XXXXI" 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 XXXXI 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 XXXXI 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 XXXX!I Lands and Landowners; and the District may impose
exclusively upon the Unit XXXX! 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 XXXXI 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.
20190704719
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 XXXXI Lands
and the accounts and customers thereon, shall remain solely with the owners and operators of the Unit
XXXXI 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 XXXXI 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 XXXXI 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 XXXXI
accounts.
IT 1S 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 22nd day of July, 2019.
The Board of Directors of
Electrical District Number Eight
PG Elgg
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 July 22, 2019.
Vi=
Secretary
j
20190704719
EXHIBIT “A”
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
MARICOPA COUNTY
YUMA SUNSHINE INV. LLC.
APN ACRES DESCRIPTION
212-14-001 78.49 The West half of the Northwest quarter of
Section 14, Township 10 South, Range 23
West of the Fila and Salt River Base
and Meridian, Yuma county, Arizona
212-14-002 80.30 TheEast half of the Northwest quarter of Section
14, Township 10 South, Range 23 West of the
Gila and Salt River Base and Meridian, Yuma
County, Arizona.
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20190854372 10/25/2019 09:49
ELECTRONIC RECORDING
ED810252019B-5-1-1-~
When recorded return to:
James D. Downing P.E. Sotor
Electrical District Number Eight
P.O. Box 99
Salome, AZ 85348
Resolution 2019-__8
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA & YUMA COUNTIES, ARIZONA
FOR UNIT XXXX LANDS
WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa & Yuma Counties (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 XXXX Lands"; and the owners of parcels of said lands are
collectively referred to herein as the "Unit XXXX Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on _September 16th, 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 XXXX 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 utllitles and not by the
‘es currently charged the District for District customers' use of
District, and the contractually established rat
such systems and facilities are not determined on the basis of any distances between the Unit XXXX
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit XXXX Lands’ distance from major electrical facilities, and the Unit XXXX Lands will be subject
thereto.
D. The Unit XXXX Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXX Lands, which terms and
conditions are related to the peculiar distinguishing facts and characteristics of the Unit XXXX Lands vis a
vis other lands in the District; e.g., the Unit XXXX 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
20190854372
"Preference Power Rights.) Such equitable terms and conditions of admission are appropriate and
necessary In order to Insure that inclusion of the Unit XXXX 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 XXXX 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:
1. The Unit XXXX 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 XXXX Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit XXXX Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit XXXX Lands acreage, upon
invoice from the District.
4. Inclusion of the Unit XXXX Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXXX Lands or any other lands within or
without the boundaries of the District.
5. The Unit XXXX 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 XXXX Lands shall be charged for District services under "Block XXXX" 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
XXXX 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 XXXX 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 XXXX Lands and Landowners; and the District may impose
exclusively upon the Unit XXXX 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 XXXX 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.
20190854372
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 XXXX Lands
and the accounts and customers thereon, shall remain solely with the owners and operators of the Unit
XXXX 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 XXXX 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 XXXX 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 XXXX
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 16th day of September, 2019.
The Board of Directors of
Electrical District Number Eight
Gold Voge
Chairman
I 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 September 16, 2019.
VLG
Secretary
20190854372
EXHIBIT “A”
Page 1 of 2
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
ALL IN YUMA COUNTY
ARIZONA STATE LAND DEPARTMENT
MISSIONS CITRUS PARTNERSHIP
APN
212-14-003
196-01-021
745-39-001
181-17-005
181-18-004
181-18-005
181-18-006
181-18-001
181-07-003
1- 2017
1- 2054
1 - 77333
1- 118921
GLEN G AZ LLC
CHA CHA AZ LLC
LEMON STAR AZ LLC
ACRES DESCRIPTION
160.00 NE4 OF S14 T10S R23W
16.63 Section: 01 Township: 09S Range: 23W PT N2
SW4 BEG AT NW COR S2 N2 SW4 TH E 33 FT
TO TRUE POB TH CONT E 120.02 FT TH
SELY ON L CURVE 683.37 FT TH E 281.15 FT
THN 46.58 FT TH E 548.92 FT TH CONT E
300 FT TH S 371 FT TON RW 30TH ST THW
1583.34 FT TH N 5 FT TH W 250 FT TOE RWW
AVE 3E TH N 626.82 FT TO POB AKA NEW
MISSION CITRUS PARCEL PER PLAT 17/21-
22
18.38 Section: 32 Township: 09S Range:23W NW4
NW4 NE4 AND N2 S2 NW4 NE4 EXC N 50FT
OF NW4 NW4 NE4 RAW AND EXC W 40FT OF
NW4 NW4 NE4 R/W AND EXC W 40FT OF N2
SW4 NW4 NE4 RAV
7.35 Section: 17 Township: 08S Range: 22W SW4
SW4 EXC U.S.A LEVEE RW & EXC
THAT PT LYING SOUTHEASTERLY OF U.S.A
LEVEE RW.
33,76 Section: 18 Township: 08S Range: 22W SE4
SE4 OF EXC USA LEVEE PER 50/519 & EXC
PT LYING SELY OF LEVEE
178.13 Section: 18 Township: 08S Range: 22W LOT 3;
E2 SW4; SW4 NW4 SE4; SW4 SE4 & SE4 SE4
NW4 SE4
40.00 Section: 18 Township: 08S Range: 22W LOT 4
40AC IN RIVER
160.00 Section: 18 Township: 08S Range: 22W LOTS 1
2 E2 NW4 160AC IN RIVER
81.32 Section: 07 Township: 08S Range: 22W LOTS
2,384 SE4 SW4
320.00 SOUTH HALF OF T10S R23W SEC23
320.00 SOUTH HALF OF T10S R23W SEC22
320,00 NORTH HALF OF T10S R23W SEC27
160.00 NE4 OF T10S R23W SEC23
20190854372
EXHIBIT “A”
Page 2 of 2
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
ALL IN YUMA COUNTY
ARIZONA STATE LAND DEPARTMENT
MISSIONS CITRUS PARTNERSHIP
GLEN G AZ LLC
CHA CHA AZ LLC
LEMON STAR AZ LLC
APN ACRES DESCRIPTION
41-105150 3,079.95 NORTH HALF OF NW4, NE4, & NORTH HALF
OF THE SE4 T11S R23W SEC1, SOUTH
HALF OF THE NE4, THE SE4, AND THE
SOUTH HALF OF THE SW4 OF T10S R23W
SEC25, SE4 & SW HALF OF T10S R23W
SEC26, SOUTH HALF OF T10S R23W SEC27 ,
NE4 & NORTH HALF OF THE SE4 OF T10S
R23W SEC33, NE4, NW4, NORTH HALF OF
$W4, AND SE4 OF THE SW4 OF T10S R23w
SEC34, ALL EXCEPT SOUTH HALF OF THE
SW4 OF T10S R23W SEC35, ALL OF T10S
R23W SEC36
1-95971 160.00 NW4 OF 813 T10S R23W
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20200013449 01/07/2020 01:57
ELECTRONIC RECORDING
When recorded return to: ED801072020-4-1-1--
James D. Downing P.E.
Electrical District Number Eight morenoa
P.O. Box 99
Salome, AZ 85348
Resolution 2019-__9
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA & YUMA COUNTIES, ARIZONA
FOR UNIT XXXXII LANDS
WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa & Yuma Counties (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 XXXXII Lands"; and the owners of parcels of said lands are
collectively referred to herein as the "Unit XXXXII Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on November 18, 2019, to receive objections, if any, to the Petitions, all in accordance with A.R.S.
§§ 48-1704 and 48-1 721, 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 XXXXII 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 XXXXII
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit XXXXII Lands’ distance from major electrical facilities, and the Unit XXXXII Lands will be subject
thereto.
D. The Unit XXXXII Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXXII Lands, which terms and
conditions are related to the peculiar distinguishing facts and characteristics of the Unit XXXXII Lands vis
a vis other lands in the District; e.g., the Unit XXXXIl 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
20200013449
necessary in order to insure that inclusion of the Unit XXXXII 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 XXXXII 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:
GONDITIONS OF INCLUSION:
14. The Unit XXXXII 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 XXXXI! Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit XXXXII Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit XXXXII Lands acreage, upon
invoice from the District.
4. Inclusion of the Unit XXXXII Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXXXII Lands or any other lands within or
without the boundaries of the District.
5. The Unit XXXXII 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 XXXXII Lands shall be charged for District services under "Block XXXXII" 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 XXXXIIl 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 XXXXII 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 XXXXII Lands and Landowners; and the District may impose
exclusively upon the Unit XXXXII 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 XXXXII 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.
20200013449
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 XXXXI!
Lands and the accounts and customers thereon, shall remain solely with the owners and operators of the
Unit XXXXII 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 XXXXII 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 facililies 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 XXXXII 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 XXXxXIl
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 November, 2019.
The Board of Directors of
Electrical District Number Eight
G2 Vb
Chairman U
| 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 November 18, 2019.
VW be
Secretary
20200013449
EXHIBIT “A”
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
MARICOPA COUNTY
BARKLEY SEED INC.
APN ACRES
500-06-049J 9.29
LEGAL DESCRIPTION
That portion of Lot 4 of Section 19, Township 1 North, Range 1 West of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona, described as follows:
BEGINNING at a point on the North right-of-way line of the Southern Pacific Railroad which intersects the
West line of said section;
Thence Northeast along sald North right-of-way line to the East line of Lot 4;
Thence North 255.63 feet;
Thence West to a point on the West line of said section;
Thence South along the West line 429.29 feet to the POINT OF BEGINNING;
EXCEPT that portion described as follows:
Commencing at the Southwest corner of said Section 19;
Thence due North 661.29 feet;
Thence South 88 degrees 40 minutes 28 seconds East, a distance of 40.01 feet to a point on the East
right-of-way line of Sarival Avenue and the TRUE POINT OF BEGINNING;
Thence due North along said East right-of-way line, a distance of 66.11 feet;
Thence South 88 degrees 32 minutes 55 seconds East 48.10 feet;
Thence South 00 degrees 05 minutes 50 seconds West 66.00 feet;
Thence North 88 degrees 40 minutes 28 seconds West 47.99 feet to the TRUE POINT OF BEGINNING;
and
EXCEPT the North 120.0 feet of the East 120.0 feet; and
EXCEPT that portion conveyed to Maricopa County in Warranty Deed recorded February 04, 2003 in
Recording No. 2003-184113, described as follows:
That portion of the East 35 feet of the West 75 feet of the South 518.18 feet of said Lot 4 lying North of
the North right-of-way line of the Southern Pacific Railroad; together with
That portion of the West 40 feet of the South 518.18 feet of Lot 4 of said Section 19, lying North of the
North right-of-way line of the Southern Pacific Railroad.
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20200146183 02/21/2020 09:01
ELECTRONIC RECORDING
When recorded return to: ED802212020-4-1-1--
James D, Downing P.E. amine
Electrical District Number Eight
P.O. Box 99
Salome, AZ 85348
Resolution 2020-__14
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA & YUMA COUNTIES, ARIZONA
FOR UNIT XXXXII] LANDS
WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa & Yuma Counties (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. (Said lands
are collectively referred to herein as the "Unit XXXXIII Lands"; and the owners of parcels of sald lands are
collectively referred to herein as the "Unit XXXXIll Landowners.")
lished and posted, a public hearing was held by the
Board on January 20, 2020, to receive objections, if any, to the Petitions, all in accordance with ARS.
§§ 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.
B. Upon proper and timely notice duly pub!
C. The parcels of Unit XXXXIII 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 XXXXIII
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit XXXXI! Lands’ distance from major electrical facilities, and the Unit XXXXIII Lands will be subject
thereto.
D. The Unit XXXXIII Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXXIII Lands, which terms and
conditions are related to the peculiar distinguishing facts and characteristics of the Unit XXXXIiI Lands vis
avis other lands in the District; e.g., the Unit XXXXHI 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
d rights and contracts from
Project federal preference hydropower, with its various appurtenant and relate
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
20200146183
necessary in order to insure that inclusion of the Unit XXXxXIII 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 XXXXIII 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 XXXXIll 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 XXXXiIII Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit XXXXIII Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit XXXXIII Lands acreage, upon
invoice from the District.
4. Inclusion of the Unit XXXXIIl Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXXXIII Lands or any other lands within or
without the boundaries of the District.
5. The Unit XXXXIIl 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 XXXXIII Lands shall be charged for District services under “Block XXXXIII" 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 XXXXiIII 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 XXXXIII 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 XXXXIII Lands and Landowners; and the District may impose
exclusively upon the Unit XXXXII] 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 XXXXIII 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.
20200146183
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 XXXXIII
Lands and the accounts and customers thereon, shall remain solely with the owners and operators of the
Unit XXXXIIl 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 XXXXII 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 XXXXII! 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 parly
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
XXXxXIII 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 20th day of January 2020,
The Board of Directors of
Electrical District Number Eight
BBall Pegs
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 January 20, 2020.
i=
Secretary
20200146183
EXHIBIT “A”
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
YUMA COUNTY
SMH ORGANIC FAMILY FARMS
APN ACRES DESCRIPTION
212-12-015 4.34 The East half of the Southeast quarter of the
Northwest quarter of the Southwest quarter of
Section 12, Township 10 south, Range 23 West
of the Gila and Salt River Base and Meridian,
Yuma County, Arizona
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20200428447 05/19/2020 02:18
ELECTRONIC RECORDING
ED805192020-5-1-1--
When recorded return to:
castilloe
James D. Downing P.E.
Electrical District Number Eight
P.O. Box 99
Salome, AZ 85348
Resolution 2020-__2
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA & YUMA COUNTIES, ARIZONA
FOR UNIT XXXXIV LANDS
WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa & Yuma Counties (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 XXXXIV Lands": and the owners of parcels of said lands are
collectively referred to herein as the "Unit XXXXIV Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on April 20, 2020, to receive objections, if any, to the Petitions, all in accordance with A.R.S. §§ 48-
4704 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 XXXXIV 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 XXXXIV
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit XXXXIV Lands’ distance from major electrical facilities, and the Unit XXXXIV Lands will be subject
thereto.
D. The Unit XXXXIV Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXXIV Lands, which terms and
coriditions are related to the peculiar distinguishing facts and characteristics of the Unit XXXXIV Lands vis
a vis other lands In the District; e.g., the Unit XXXIV 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
20200428447
necessary in order to insure that inclusion of the Unit XXXXIV 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 XXXXIV
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 XXXXIV 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 XXXXIV Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit XXXXIV Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit XXXXIV Lands acreage, upon
Invoice from the District.
4. Inclusion of the Unit XXXXIV Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXXXIV Lands or any other lands within or
without the boundaries of the District.
5. The Unit XXXXIV 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 XXXXIV Lands shall be charged for District services under "Block XXXXIV" 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 XXXXIV 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 XXXXIV 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 XXXXIV Lands and Landowners; and the District may impose
exclusively upon the Unit XXXXIV Lands and Landowners and related accounts varlous 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 XXXXIV 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.
20200428447
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 XXXXIV
Lands and the accounts and customers thereon, shall remain solely with the owners and operators of the i
Unit XXXXIV Lands, respectively. The District shall have no liability for or duty to participate in such i
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 XXXXIV 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 XXXXIV 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
XXXXIV 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 20th day of April, 2020.
The Board of Directors of
Electrical District Number Eight
OA a LN
Chairman 0
| 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 April 20, 2020. ;
Bk fa
Secretary