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When recorded, return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDH)
EXEMPT ARS § 11-1134, A2
FCD 1999R016
NON-EXCLUSIVE UTILITY EASEMENT
FCD Project: East Maricopa Floodway Reach 4
FCD Parcel Nos.: M-2171 and M-2171-2
APN: 304-38-011A ptn.
FCD Permit No.: 2011P050
This Non-Exclusive Utility Easement is entered into by and between the following parties
and becomes effective as of the date of recordation with the Maricopa County Recorder.
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
GRANTEE: SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND
POWER DISTRICT, an agricultural improvement district organized and
existing under the laws of the State of Arizona, and/or its successors and
assigns
In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for and in the sum of TWO THOUSAND FOUR HUNDRED TWENTY-SIX
DOLLARS and no/100 ($2,426.00), 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 19820195754 recorded June 24, 1982 in the official
records of Maricopa County (“Burdened Property”). The granted Easement, described on the
attached Exhibit “A” (“Easement Area”), is for the purpose of constructing, installing, accessing,
reconstructing, replacing, removing, repairing, operating and maintaining: conductors, cables,
wires, communication and signal lines; and other appliances, appurtenances and fixtures
(collectively, “Facilities”) for the transmission and distribution of electricity, communication
signals and data, and for all other purposes connected therewith at such locations and elevations
in, across, through and along the Easement Area, as GRANTEE may now or in the future deem
convenient or necessary from time to time, in accordance with FCD Right-of-Way Use Permit No.
2011P050 (“FCD Permit”). The Easement includes the right of ingress and egress through the
Burdened Property for the purpose of exercising the rights granted hereunder.
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CAUTION: Facilities placed within the Easement may contain high voltage electrical
equipment. Notice is given that any activity performed within the Easement shall comply
with the Arizona Overhead Powerline Safety Law, A.R.S. Sections 40-360.41-45.
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.
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
use and access the Burdened Property for the purpose of operation and maintenance of the flood
control project. GRANTOR shall endeavor to use its best efforts to operate and maintain the flood
control project in a manner which will not unreasonably interfere with the GRANTEE’S rights
granted by this Easement. GRANTEE assumes all risk of damage to its Facilities resulting from
the property functioning as a flood control project.
In the event that any of GRANTEE’S non-affixed materials, vehicles, equipment, or other
personalty, interferes with GRANTOR’S use of the Burdened Property, GRANTEE shall, at
GRANTOR’S request and at GRANTEE’S sole expense, eliminate the interference within thirty
(30) days of notice from the GRANTOR.
GRANTOR maintains and operates a flood control project on the Burdened Property and
over which the Easement has been granted. GRANTEE shall not impede, interfere or conflict with
GRANTOR’S ability to maintain, repair or replace the flood contro! project, including but not
limited to deenergizing the Facilities upon being provided with reasonable advanced notice of such
request by GRANTOR.
The rights to GRANTEE herein include the right, but not the obligation, to cut back, trim
and remove vegetation now growing, or that may hereafter grow within the Burdened Property
over which the Easement is granted, so as to protect the same from interfering with the
maintenance and operation of GRANTEE’S Facility. After the installation of the GRANTEE’S
Facilities in accordance with said FCD Permit, any modification whatsoever to the Easement, the
Facility, or any appurtenance of GRANTEE located within the Easement Area, that is not in
compliance with said FCD Permit, will require GRANTEE to apply for and obtain a new right-
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121.01.12_M-2171_OG-UE
of-way use permit from GRANTOR. GRANTOR will process any such application in accordance
with GRANTOR’s right-of-way use permit approval process.
The rights and privileges granted in this Easement are for us by GRANTEE and
GRANTEE’S employees, contractors, co-owners, and participants for the purpose stated herein.
This Easement shall run with the land and is binding on all parties, their successors and assigns.
Grantee shall have the right to assign the Easement, in whole or in part, to one or more assignees
and, upon the assignment, any such assignee hereby assumes the rights and obligations of the
Grantee hereunder with respect to the portion of the Easement assigned.
GRANTOR shall not use, permit the use of, or grant any licenses, additional easements,
or any other rights to use the Easement Area, without the prior written consent of GRANTEE,
which may be granted or denied through the exercise of GRANTEE’S sole and absolute
discretion. GRANTOR shall not place or permit the placement of improvements, fixtures, trees,
shrubs, obstacles or other obstructions within that portion of the Burdened Property over which
the Easement has been granted (collectively “Obstructions”). GRANTEE shall have the right (but
not the obligation) to remove any obstructions within the Easement Area. GRANTOR hereby
grants GRANTEE the right of vehicular and pedestrian access over and across Burdened Property
for the purpose of trimming, cutting, or clearing any and all Obstructions encroaching within the
Easement Area.
The provisions of this instrument are not intended to and do not constitute a public utility
easement or any other grant, dedication, or conveyance for public use of the Easement or Easement
Area. GRANTOR represents and warrants that is has full power and authority to grant the
Easement and perform its obligations under this instrument.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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121.01.12_M-2171_OG-UE
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
DoouSigned by:
Set Vogl 12/13/2023
FABSTFORBOTIAOA
Scott Vogel Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
‘DocuSigned by:
[ A— 42/12/2023
FASS 2RODEBENACC
Alex Smith Date
Director
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona,
‘DocuSigned by:
Co, uk 12/12/2023
Wayne Peck Date
District General Counsel
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121.01.12_M-2171_OG-UE
APPROVED
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Chairman of the Board Date
Printed Name:
ATTEST
Clerk of the Board Date
Printed Name:
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
Before me, Notary Public in and for said County, State
of Arizona, on this day personally appeared , known to me
to be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of
Directors for the Flood Control District of Maricopa County.
Given under my hand and seal of the office this day of, 20
Notary Public (signature)
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121.01.12_M-2171_OG-UE
GRANTEE ACCEPTANCE:
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER
DISTRICT, an agricultural improvement district organized and existing under the laws of the
State of Arizona, and/or its successors and assigns
‘DoouSigned by:
By: Matt Strupur 12/11/2023
Bi a
Matt Streeper, Manager, SRP Land Rights Management
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)
The foregoing instrument was acknowledged before me this 11" day of December 2023, by Matt
Streeper, Manager, SRP Land Rights Management for Salt River Project Agricultural
Improvement and Power District, an agricultural improvement district organized and existing
under the laws of the State of Arizona, and/or its successors and assigns, on behalf of the
Grantee BoouSigned by:
Notary Public (signature)
MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 2027
Notary Stamp Seal
The notary public certifies that appropriate authorization has been issued by the Arizona
Secretary of State to allow electronic notarizations or remote online notarization pursuant
to A.R.S. § 41-276. This remote notarial act involved the use of communication technology
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Exhibit “A” - Easement
Attached to Non-Exclusive Utility Easement
Parcel Legal Description
For Electrical Easement
Power Road Improvements
Astrip of land 8,00 feet In width for underground electric easement purposes in the Southeast Quarter of Section 25,
Township 1 South, Range 6 East, Gila and Salt River Meridian, Maricopa County, Arizona, belng described as follows;
Commencing at the Southeast corner of said Sectlon 25, a found brass cap In hand hole, from which the East Quarter
corner of said Section 25, a found brass cap In hand hole, bears North GO degrees 56 minutes 53 seconds West (basis of
bearings), a distance of 2631.51 feet;
thence along the east line of said Section 25, North 00 degrees 56 minutes 53 seconds West, a distance of 570.41 feet to
the Point of Beginning of the easement described herein;
thence departing sald east line, South 84 degrees 09 minutes 32 seconds West, a distance of 64.07 feet;
thence North 69 degrees 35 minutes 33 seconds West, a distance of 190.42 feet to the east line of the Roosevelt Water
Conservation District (RWCD) flood channel, being 100’ wide, 50’ on each side on the centerline as recorded In Book
168, Map 42, Maricopa County Records (MCR);
thence along sald east line, North 22 degrees 43 minutes 02 seconds East, a distance of 8.01 feet;
thence departing said east line, South 69 degrees 35 minutes 33 seconds East, a distance of 188.23 feet;
thence North 84 degrees 09 minutes 32 seconds East, a distance of 62.89 feet to the east line of sald section 25;
thence along sald east line, South 00 degrees 56 minutes 53 seconds East, a distance of 8,03 feet to the Point of
Beginning. Sald easement contains 2022 square feet, more or less, END OF DESCRIPTION
REGISTRATION
EXPIRES: 03-31-13
Page 1 of 2
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121.01.12_M-2171_OG-UE
Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement
EXHIBIT "A"
REGISTRATION
EXPIRES: 03-31-13
LEGEND
NOTE! SYMBOLS MAY NOT BE TO DRAWING
SCALE, SO AS TO BETTER ENHANCE
GRAPHICAL REPRESENTATION
SECTION AND CENTERLINE
NOTE! THIS EXHIBIT 1S INTENDED
TO ACCOMPANY AN EASEMENT,
ALL PARCELS SHOWN WERE PLOTTED
FROM RECORD INFORMATION, AND NO
ATTEMPT HAS BEEN MADE TO VERIFY
THE LOCATION OF ANY BOUNDARIES
SHOWN. THIS 1S NOT AN ARIZONA
BOUNDARY SURVEY,
EQUIPMENT PAD(S) ARE A PART OF
THE EASEMENT UNLESS OTHERWISE
NOTED. .
CAUTION
THE EASEMENT LOCATION AS HEREON
DELINEATED MAY CONTAIN HIGH VOLTAGE
ELECTRICAL EQUIPMENT, NOTICE IS
HEREBY GIVEN THAT THE LOCATION OF
UNDERGROUND ELECTRICAL CONDUCTORS
OR FACILITIES MUST BE VERIFIED AS
REQUIRED BY ARIZONA REVISED STATUES,
PROPERTY LINE SECTION 40-380.21, ET. SEQ,, ARIZONA
a en oe ee LIMI TS OF EASEMENT BLUE STAKE LAW, PRIOR TO ANY
EXCAVATION,
SALT RIVER PROJECT _
AGRICULTURAL IMPROVEMENT SRP JOB NO. — KE6-447
& POWER DISTRICT AMP W/O NO, 81065434
POWER ROAD IMPROVEMENTS DESIGNED R.REED DATE 12~20-11
SE wat see Se nee DRAWN G.GREEN CHECKED BY'!_GM
MARICOPA CO , NA AGENT __S.FURROW t
UNDERGROUND ELECTRIC Wrst APPROVED >
POWER LINE RIGHT-OF-WAY SCALE PSs SHEET_L OF _2_
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121.01.12_M-2171_OG-UE
Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement
EXHIBIT "A" evscon—?"
SEC 25
FO.BCHH >
PREVIOUSLY
LOCATED ON
§-8-08
MARICOPA COUNTY
2053.07' (C}
FLOOD CONTROL DISTRICT —>|
DOC. 83-020105 MCR
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ae S690 ~~ jiny
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A CODS LC) 2 FOO
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Se ee TE Uy
eet . Se 12 At
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MARICOPA COUNTY 64 ho 32"w | LOS
FLOOD CONTROL DISTRICT $84 8
PCL. 18 =
DKT.16110, PAGE 683 MCR P.0.B.
S
RWCD ~ ROOSEVELT WATER s ree
CONSERVATION DISTRICT SECOR Qj
SEC 25 |
= FD. BCHH
RS LOCATED ON
= 7-28-11 NY
0 20 40 ow
ee asian oi
WILLIAMS FIELD ROD.
SALT RIVER PROJECT SRP . .
AGRICULTURAL IMPROVEMENT RP JOB NO. KEG~447
& POWER DISTRICT AMP W/0 NO. 81065434
POWER ROAD IMPROVEMENTS DESIGNED R.REED DATE {2-20-11
SE 174, SEC25, TIS, REE DRAWN G.GREEN CHECKED BY+_@e
MARICOPA COUNTY, ARIZONA AGENT ___S.FURROW APPROVED#
UNDERGROUND ELECTRIC SCALE T"=40" 2 2
POWER LINE RIGHT-OF-WAY Lie SHEET_2. OF 4.
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