A1. 121.01.12_M-2165-09_OG-UE.PDF

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 3
FCD Parcel Nos.: M-2165-09; M-2148-04; M-
2148-03, and M-2148-SDA

Portion of APNs: 304-79-001E; 304-79-001Q;
304-79-001N

FCD Permit No.: 2017P171

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 SIX THOUSAND FIVE HUNDRED TWENTY-ONE

DOLLARS and no/100 ($6,521.00), 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 and in instrument

number 19880085571 recorded February 24, 1988 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
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to time, in accordance with FCD Right-of-Way Use Permit No. 2017P171 (“FCD Permit”). The
Easement includes the right of ingress and egress through the Burdened Property for the purpose

of exercising the rights granted hereunder.

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 control 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

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121.01.12_M-2165-09_OG-UE

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-
of-way use permit from GRANTOR. GRANTOR will process any such application in accordance
with GRANTOR’: right-of-way use permit approval process.

The rights and privileges granted in this Easement are for use 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.

JHE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

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121.01.12_M-2165-09_OG-UE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

‘DocuSigned by:
Sut Vogl 10/31/2023

Scott Vogel Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

‘DocuSigned by:
( AS— 10/31/2023

F0612B0D565D4CC.
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:
| ! —_ Puck 10/31/2023

Wayne Peck Date
District General Counsel

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121.01.12_M-2165-09_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-2165-09_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

‘DocuSigned by:
By: | Malt Strugur 10/25/2023
Matt ireeper, Manager, SRP Land Rights Management

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA. )

The foregoing instrument was acknowledged before me this 25" day of October 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.
‘DocuSigned by:
Mu Hotly
2 sens2c2258465

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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121.01.12_M-2165-09_OG-UE

Exhibit “A” - Easement
Attached to Non-Exclusive Utility Easement

, TTRRSS: 2S6E27
JOB NAME: CALLIANDRA ESTATES
PAGE: 1 OF 2

DATE: 09-13-2018
LDWR NO: 9030
TECH NAME: MIHELICH

AN EASEMENT LOCATED IN THE WEST HALF OF SECTION 27, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING 8.00 FEET IN WIDTH, LYING 4,00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 27, BEING AN ALUMINUM CAP
FLUSH, FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION 27, BEING A REBAR WITH CAP,
BEARS SOUTH 89 DEGREES 58 MINUTES.37 SECONDS EAST, A DISTANCE OF 2690.85 FEET (BASIS OF

BEARING);

THENCE ALONG THE EAST-WEST MID-SECTION LINE OF THE WEST HALF OF SAID SECTION 27, SOUTH 89
DEGREES 58 MINUTES 37 SECONDS EAST, A DISTANCE OF 50.89 FEET;

THENCE NORTH 00 DEGREES 01 MINUTES 23 SECONDS EAST, A DISTANCE OF 37.78 FEET TO AN SRP
POLE, SAID POLE BEING A PART OF THIS EASEMENT AND TO A POINT HEREINAFTER KNOWN AS POINT
“A” AND ALSO BEING THE POINT OF BEGINNING;

THENCE SOUTH 83 DEGREES 06 MINUTES 24 SECONDS EAST, A DISTANCE OF 349.30 FEET TO AN SRP
POLE, SAID POLE BEING A PART OF THIS EASEMENT;

THENCE SOUTH 89 DEGREES 58 MINUTES 37 SECONDS EAST, A DISTANCE OF 84,98 FEET TO THE EAST
BOUNDARY OF A PARCEL OF LAND AS DESCRIBED PER DOCUMENT 1988-0085571 MARICOPA COUNTY
RECORDER (MCR) AND THE POINT OF TERMINUS,

N

TOGETHER WITH AN EASEMENT 8.00 FEET IN WIDTH, LYING 4.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;

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121.01.12_M-2165-09_OG-UE

Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement

TTRRSS: 2S6E27
JOB NAME: CALLIANDRA ESTATES
PAGE: 2 OF 2

DATE: 09-13-2018
LDWR NO: 9030
TECH NAME: MIHELICH

BEGINNING AT THE AFOREMENTIONED POINT “A”;

THENCE NORTH 83 DEGREES 06 MINUTES 24 SECONDS WEST, A DISTANCE OF 18,72 FEET TO THE WEST
BOUNDARY OF A PARCEL OF LAND AS DESCRIBED PER DOCKET 16110 PAGE 683 MCR AND THE POINT .

OF TERMINUS.

SIDELINES BEING LENGTHENED OR SHORTENED TO FORM VERTICES AT ALL ANGLE POINTS AND TO
TERMINATE AT ALL REFERENCED BOUNDARY LINES WHICH PASS THROUGH A POINT OF TERMINUS.

THIS DOCUMENT DESCRIBES MULTIPLE EASEMENTS EACH INTERDEPENDENT ON THE OTHER AND
SHOULD BE REPRODUCED IN ITS ENTIRETY. :

. SAID EASEMENT CONTAINS AN AREA OF 3,623 SQUARE FEET OR 0.1 ACRES, MORE OR LESS,

END OF DESCRIPTION

KATIE
GOREHAM

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121.01.12_M-2165-09_OG-UE

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