Extracted text (via ocr_local)
17814 characters
When recorded, return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDH)
EXEMPT ARS § 11-1134, A2
FCD 1999R016
NON-EXCLUSIVE UTILITY EASEMENT
FCD Project: Reems Road Channel and Basin
FCD Parcel Nos.: A022-01 & A022-001A
APN; 501-41-005E ptn.
FCD Permit No.: 2023P275
This Non-Exclusive Utility Easement is entered into by and between the following parties
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
GRANTEE: ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation,
and/or its successors and assigns
In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for the sum of Two Thousand Nine Hundred Forty-Two Dollars and no/100
($2,942.00), and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTOR does hereby grant and convey to GRANTEE a non-exclusive utility
easement in, upon, over, under, across, through and along a portion of the premises set forth in
instrument number 20070429082, recorded April 12, 2007 in the official records of Maricopa
County (“Burdened Property”). The granted easement, described and depicted on the attached
Exhibit “A” (“Easement”), is for the purpose of constructing, operating, repairing, and maintaining
underground electrical conduit on Flood Control District (CD) property, and appurtenances
thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No.
2023P275 (“FCD Permit”).
Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural resource regulations, and all land use
regulations, covenants, conditions, restrictions, easements, rights-of-way, and other matters of
record, or not of record, that could be disclosed by a visual inspection or accurate survey of the
real property.
Page 1 of 14
470,12,.12_A022-01_OG-UE
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
use and access the Easement for the purpose of operation and maintenance of the flood control
project known as the Reems Road Channel and Basin (Project). GRANTOR shall endeavor to use
its best efforts to operate and maintain the Project in a manner which will not unreasonably
interfere with the GRANTEE’S rights granted by this Easement. GRANTEE assumes ail risk of
damage to its Facility resulting from the Burdened Property functioning as a flood control project.
In the event that any of GRANTEE’S non-affixed materials, vehicles, equipment, or other
personalty, interferes with GRANTOR’S use of the Easement Property, GRANTEE shall, at
GRANTOR’S request and GRANTEE’S sole expense, eliminate the Interference within thirty
(30) days of notice from the GRANTOR.
In the event the land within the Easement Property is needed to construct, maintain, or
relocate any portion of the GRANTOR’S flood control project and/or structure, and upon written
notification by GRANTOR, GRANTEE shall coordinate the removal or relocation of the Facility
through GRANTOR’S right of way use permit process comprising review and approval of
GRANTEE’S design, construction plan, and contractor selection. Actual construction to remove
or relocate such conflicting Facility, or portion(s) thereof, shall begin within thirty G0) days
following GRANTOR’S issuance of a right-of-way use permit for such removal/relocation. Upon
mutual agreement, the time frame for the start and completion of said work may be extended based
the requirements of the flood control project. If GRANTEE’S relocation effort has not been
completed within the mutually agreed time frame and causes GRANTOR to be liable for delay
damages, GRANTEE shall reimburse GRANTOR for reasonable damages directly caused by the
delay Reimbursement shall be made within sixty (60) days after GRANTEE’S receipt of proof of
GRANTOR’S reasonable evidence of a third party’s enforcement of a contractual penalty for said delay.
The GRANTEE shall also, at its sole cost and expense, maintain the Easement Property,
and GRANTEE’S Facility located within the Easement Property, in a state of good repair and in
a safe condition. The rights granted to GRANTEE herein include the right, but not the obligation,
to cut back, trim and remove vegetation now growing, or that may hereafter grow, on the Easement
Property, or that may extend over the Easement Property, so as to protect the same from interfering
with the maintenance and operation of GRANTEE’S Facility. After the installation of
GRANTEE’S Facility in accordance with said FCD Permit, any modification whatsoever to the
Page 2 of 14
470.12.12_A022-001_OG-UE
Easement Property, the Facility, or any appurtenance of GRANTEE located therein, that is not in
compliance with said FCD Permit, will require GRANTEE to apply for and obtain a new right-
of-way use permit from GRANTOR. GRANTOR will process any such application in accordance
with GRANTOR’S right-of-way use permit approval process.
GRANTEE agrees to indemnify GRANTOR for any and all damages and costs, including
without limitation, reasonable attorney's fees, court costs, and ali other expenses relating to the
defense of claims or litigation, caused by, or arising from the exercise of GRANTEE’S rights
pursuant to the terms of this Easement, excepting therefrom any such injury, damage or costs
caused by or arising solely from the gross negligence, or actions that are purposeful or undertaken
without regard to the consequences, by the GRANTOR, its officers, employees, agents or
contractors.
In the event GRANTEE fails to install the Facility within the Easement, or in the event
GRANTEE removes the Facility, or in the event the Facility ceases to function, or in the event of
any other event giving evidence to GRANTOR that the GRANTEE has abandoned the use of this
Easement, then and in such event, GRANTOR shall notify GRANTEE, in writing, that
GRANTOR considers that the Easement has been abandoned. In such event, GRANTEE shall
provide confirmation to GRANTOR that the Easement has been abandoned, or in the event
GRANTEE shall fail to reply that there has been no intent to abandon the Easement within thirty
(30) days of receipt of the aforesaid notice from the GRANTOR, this Easement shall be deemed
to be abandoned and GRANTOR shall be permitted to record a termination of this Easement in
the public records of Maricopa County. Unless and until such termination is recorded by
GRANTOR, this Easement shall remain in full force and effect.
The rights and privileges granted in this Easement are solely for the benefit of GRANTEE
to use the Easement Property for the purpose stated herein, and do not include the right to permit
and/or grant any other use of the Easement Property to another party. This Easement shall run with
the land and is binding on all parties.
Page 3 of 14
470.12.12_A022-001_OG-UE
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
DocuSigned by:
Seat Vogel 3/18/2024
Catt og 1408,
Scott Vogel Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
DecuSigned by:
[ Ae J 3/18/2024
FOS12RONSESDAGC
Alex Smith Date
Director
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
‘DoouSigned by:
[ w Waayus Peck 3/18/2024
946300 ms
Wayne Peck Date
District General Counsel
Page 4 of 14
470.12.12_A022-001_OG-UE
APPROVED
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Chairman of the Board Date
Printed Name:
ATTEST
Clerk of the Board Date
Printed Name:
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
Before me, Notary Public in and for said County, State
of Arizona, on this day personaily appeared known to me
to be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of
Directors for the Flood Control District of Maricopa County.
Given under my hand and seal of the office this day of, 20
Notary Public (signature)
Page 5 of 14
470.12.12_A022-001_OG-UE
GRANTEE:
ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation
ACCEPTANCE AND APPROVAL:
DeoouSigned by:
By: [Pal J romp dt 3/18/2024
Name: Paul J. Baumgardt
Its: Supervisor, Land Services
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)
The foregoing instrument was acknowledged before me this 18" day of March 2024, by Paul J.
Baumgardt, Land Services Supervisor of Arizona Public Service Company, an Arizona
corporation, and/or its successors and assigns.
DocuSigned by:
[ Ae
Noiary Public (signature)
MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 2027
Notary Stamp Seai
The notary public certifies that appropriate authorization has been issued by the Arizona
Secretary of State to allow electronic notarizations or remote online notarization pursuant
to A.R.S. § 41-276. This remote notarial act involved the use of communication technology
Page 6 of 14
470.12.12_A022-001_OG-UE
EXHIBIT “A”
Attached to Non-Exclusive Utility Easement
APN 501-41-005F
14 see pera |
HATCHER ROAD @ SHEET 2
APN 501-46-010 {|
i FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
! Y pac. No, 2007-0429082, MCR
APN 501-41-005E
APN 501-41-006K
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APN 501-41-008) /
POC
54/4 COR
SEC 30 ns L2 4
- TITIES 265,04" |
N89°52'53"E | 2635.75)
OLIVE AVENUE SE COR
SEC 30
LEGEND N .
LEASE AREA man
SECTION LINE JOB # WAG42784__ DATE: 11/8/2028
CENTERLINE SE 14 SEC 30_13N__RIW
MARICOPA COUNTY RECORDER SST NCEE [INDEX CCW-23-246
SECTION CORNER as
CEE DETAIL SURVEY: D. WEBER
DRAWN BY:N. STEELS _ [SHEET 1 OF 3
Page 7 of 14
470.12.12_A022-001_OG-UE
EXHIBIT “A” continued
Attached to Non-Exclusive Utility Easement
APN 501-41-005F
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HATCHER ROAD 3 ip gooossart) BIA &
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FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DOC, NO, 2007-0429082, MCR
APN 501-41-005E
DETAIL "A"
LINE TABLE
NO, | BEARING | LENGTH
Li | Nivos'o2"w | 83.04
12 | sso°s253'w | 215.03
13. | Sa9°62'53"W | 50.04
14 | se9°59'14"E | 50,01
L5 | seg%se'ss"e | 50.00
Lé | Nes*se'ss"w | 50.00
7 | Navos'o2"w | 83.04
N .) ;
i} ld
Maps | EXHIBIT"A
LEGEND JOB # WAG42784_—_ DATE: 11/8/2023
erwwe | LEASE AREA SE 1/4 SEC 30 T3N RiW
—~~-— PROPERTY LINE SCALE: 1"= 30° [INDEX: CCW-23-246
. PROPERTY CORNER :
MCR MARICOPA COUNTY RECORDER RW: WINEBARGER
SURVEY: D. WEBER
DRAWN BY:N. STEELS [SHEET 2 OF 3
Page 8 of 14
470,12.12_A022-001_OG-UE
EXHIBIT “A” continued
Attached to Non-Exclusive Utility Easement
November 8, 2023
LEGAL DESCRIPTION FOR
ARIZONA PUBLIC SERVICE
MARICOPA COUNTY FLOOD CONTROL DISTRICT
LEASE EASEMENT
That part of the Southeast Quarter of Section 30, Township 3 North, Range 1 West, of the Gila and Salt
River Meridian, Maricopa County, Arizona, being part of that certain 50-foot-wide parcel recorded at
Document No. 2007-0429082, Maricopa County Records, Arizona, and being more particularly described
as follows:
COMMENCING at the South Quarter Corner of said Section 30, from which the Southeast Corner of said
Section 30 bears North 89°52’53” East, a distance of 2,635.75 feet;
Thence North 89°52’53” East, along the South line of said Southeast Quarter, a distance of 2,370.71 feet
to a point on sald South line;
Thence North 01°05'02” West, departing said South line, a distance of 83.01 feet to the Southwest Corner
of said 50-foot-wide parcel;
Thence North 01°05’02” West, a distance of distance 1,265.05 feet to the TRUE POINT OF BEGINNING;
Thence continuing North 01°05'02” West, along said West line of sald 50-foot-wide parcel, a distance 8.00
feet;
Thence South 89°56’58” East, departing the West line of sald 50-foot-wide parcel, a distance of 50.00 feet
to a point In the East line of said 50-foot-wide parcel;
Thence South 01°05’02” East, along the East line of said 50-foot-wide parcel, a distance of 8.00 feet;
Thence North 89°56'58” West, departing the East line of said 50-foot-wide parcel, a distance of 50.00 feet
to the TRUE POINT OF BEGINNING.
Containing 400.09 Square Feet or 0.009 Acres, more or less.
Page 3 of 3
Page 9 of 14
470.12.12_A022-001_OG-UE
EXHIBIT “A” continued
Attached to Non-Exclusive Utility Easement
PEORIA AVENUE NE COR
__waoroo'oo"w 2640.37 4 ng ISECBO
\ ao'r/w If 111 \
N1/4 COR La
SEC 30 | L2
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FLOOD CONTROL DISTRICT | = Nz
BOOK 1749, PG 46 MCR | oe
/ OF MARICOPA COUNTY | —! S<
5 DOC. NO, 2007-0429082, MCR G
/ APN 501-41-O05F Q
APN 501-46-010 /
SEE SHEET 2
LEGEND
LEASE AREA 1 a) aps EXHIBIT "A"
PROPERTY LINE
SECTION LINE JOB # WAG42784__ DATE: 11/8/2023
—_-— PROPERTY CORNER E42 SEC 30 _T3N__R1W
MCR MARICOPA COUNTY RECORDER SN ER [INDEX: COW.23-246
a SECTION CORNER SURVEY: D. WEBER
DRAWN BY:N. STEELS [SHEET 1 OF 5
Page 10 of 14
470.12.12_A022-001_OG-UE
EXHIBIT “A” continued
Attached to Non-Exclusive Utility Easement
SEE SHEET 1
ol |
FLOOD CONTROL DISTRICT { | 53'R/W
OF MARICOPA COUNTY ~4 ‘- DKT 5086, PG 145
DOC. NO. 2007-0429082, MCR MCR
APN 501-41-005F
al |
I Ilko
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Is a
SEE DETAIL 1& Pa
x HATCHER ROAD — SHEET3 @ jh, &
7 “N89°59'14"W_ 1267.08" Sy g
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APN 501-41-00SE B
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APN 501-41-008) — 215.03'
- —_ ae Ima A
= Ng9°52'53"E 2635.75! 4
OLIVE AVENUE SE COR
POC SEC 30
$1/4 COR
SEC 30
LEGEND N
E2zzzz4 LEASE AREA mat
—-=— PROPERTY LINE EXHIBIT "A
——— — — SECTION LINE JOB # WAG42784___ DATE: 11/8/2023
—_-— CR ENT CORNER E 12 SEC 30 T3N_ RiW
MCR MARICOPA COUNTY RECORDER SCALE: 1" = 400 INDEX: CCW.23-246
Ni SECTION CORNER RW: K. WINEBARGER
a SEE DETAIL SURVEY: D. WEBER
DRAWN BY:N. STEELS [SHEET 2 OF 5
Page 11 of 14
470.12.12_A022-001_OG-UE
EXHIBIT “A” continued
Attached to Non-Exclusive Utility Easement
BR
oO
a
N
Liglég
papaya OD
of74e 8
SVAS 8) a
FLOOD CONTROL DISTRICT 7 =VARS/2
OF MARICOPA COUNTY Aim a [o)
DOC. NO, 2007-0429082, MCR gia8 oe
oh
APN 501-41-O05F sais 2/2
Se) i
hisesoia 26708 lin YA | oe
18 5-4
8,00" x L13 og
TPOB
mn ar 120
8 aI |
& a 0.040 AC i
¥ a (1,755.16 SQ. FT.) @
3 2/9
A ol g
pa Sy 2
o wo -
< £
ct
Qo
Zz
ss
DETAIL "A"
N
Maps | EXHIBIT "A"
LEGEND JOB # WAG42764__ DATE: 14/8/2023
Cami LEASE AREA E 12. SEC 30 TSN RIW
Sa ae NER SCALE: 1" = 30" [INDEX: COW-23-246
K. |ARGER
MCR MARICOPA COUNTY RECORDER RAW: K. WINEB:
SURVEY: D. WEBER
DRAWN BY:N, STEELS [SHEET 3 OF 6
Page 12 of 14
470.12.12_A022-001_OG-UE
EXHIBIT “A” continued
Attached to Non-I'xclusive Utility Easement
LINE TABLE
NO. BEARING LENGTH
li $1°0513"E 40.01
L2 | N9a°cO'CO"Ww 65.01
13. | S89°52'S3"W | 150.02
L4 N112:27°E 426.78
is N8°21'62"E 505,53
L6 | N15°22'20"E 518,85
L7 | N21°45413"E 541.10
18 | N29°54'08"E 576.78
L9 | N36°05'42"E 618.78
110 | N41°30'40"E 119.46
L11 | Ng0°00'0O"E 220.03
112 | N1°05'02"w 148.04
L13 | S89°56'58"E 140.75
L14 | NO°03'02"E 12.44
Lis | Neg*se'ss'"w 2.51
L16 | No*03'02"E 26.17
L17 | $89°56'S8"E 1.741
L18 | NO°03'02"E 15.96
L19 | $89°56'5S8"E 9.00
L20 | N89°S6'58"W | 150.03
Maps | EXHIBIT "A"
JOB # WA642784 DATE: 11/8/2023
E 1/2 SEC 30 T3N_ RiW
SCALE: NONE [INDEX: CCW-23-246
RW: K. WINEBARGER
SURVEY: D. WEBER
DRAWN BY:N. STEELS [SHEET 4 OF 5
Page 13 of 14
470,12,12_A022-001_OG-UE
EXHIBIT “A” continued
Attached to Non-Exclusive Utility Easement
November 8, 2023
LEGAL DESCRIPTION FOR
ARIZONA PUBLIC SERVICE
MARICOPA COUNTY FLOOD CONTROL DISTRICT
LEASE EASEMENT
That part of the Southeast Quarter of Section 30, Township 3 North, Range 1 West, of the Gila and Salt
River Meridian, Maricopa County, Arizona, being part of that certain 73.9636 acre parcel recorded at
Document 2007-0429082, Maricopa County Records, Arizona, and being more particularly described as
follows:
COMMENCING at the South Quarter Corner of said Section 30, from which the Southeast Corner of said
Section 30 bears North 89°52’53” East, a distance of 2,635.75 feet;
Thence North 89°52’53” East, along the South line of said Southeast Quarter, a distance of 2,420.72 feet
to a point on said South fine;
Thence North 01°05’02” West, departing said South line, a distance of 148.01 feet to the Southwest
Corner of sald parcel;
Thence North 01°05’02” West, along the Southwesterly most West line of said 73.9636 acre parcel, a
distance of 1,199.91 feet also being the TRUE POINT OF BEGINNING;
Thence continuing North 01°05’02” West, along sald West line, a distance 8.00 feet;
Thence over and across said 73.9636 acre parcel, the following courses and distances:
Thence South 89°56’58” East, a distance of 140.75 feet;
Thence North 00°03’02” East, a distance of 12.41 feet;
Thence North 89°56’58” West, a distance of 2.51 feet;
Thence North 00°03'02” East, a distance of 26.17 feet;
Thence South 89°56’58” East, a distance of 1.71 feet;
Thence North 00°03'02” East, a distance of 15.96 feet;
Thence South 89°56’58” East, to a polnt on the West line of Parcel “A” recorded at Document
2010-0398429, Maricopa County Records, Arizona, a distance of 9.00 feet;
Thence South 01°05’02” East, along the West line of said Parcel “A”, a distance of 62.55 feet;
Thence North 89°56’58” West, over and across said 73.9636 acre parcel, a distance of 150.03 feet
to the TRUE POINT OF BEGINNING.
Containing 1,755.16 Square Feet or 0.040 Acre, more or less.
ANDREE.
Page 5 of 5
Page 14 of 14
470.12.12_A022-001_OG-UE