B1. NON-EXCLUSIVE UTILITY EASEMENT.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 4
FCD Parcel Nos.: M-2154; M-2154-A; M-2165
APNs: 304-59-004L and 304-59-004K ptns.
FCD Permit No.: 2008P056

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 THIRTEEN THOUSAND FOUR HUNDRED EIGHTY-ONE

DOLLARS and _ no/100 ($13,481.00), 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 1975056887 recorded July 11, 1975;

instrument number 19860483467 recorded September 08, 1986 and 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

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accordance with FCD Right-of-Way Use Permit No. 2008P056 (“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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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’s 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.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

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RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

‘DocuSigned by:

Sustt Vogl 9/19/2023

Scott Vogel Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

‘DocuSigned by:
( AS— 9/19/2023
2BEBSE5_4¢

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:

Wayne Pete 9/19/2023

SDODEAACAES.

Wayne Peck Date
District General Counsel

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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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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:

Matt Strupur 9/1/2023

By: | gegessarsaase

Matt Streeper, Manager, SRP Land Rights Management

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA. )

The foregoing instrument was acknowledged before me this 1st day of September 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:
A Hely
20560522258465,
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
June 18, 2008
Page | of 2

EXHIBIT A
Legal Description
Flood Control District of Maricopa County (FCDMC)
Salt River Project 12KV Easement

A parcel of land located in the Southeast Quarter of Section 10, Township 2 South,
Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona, more
particularly described as follows:

Commencing at the East Quarter Corner of said Section 10, a Maricopa County
Department of Transportation Brass Cap in a handhole, whence the Southeast Corner of
Section 10, a Town of Gilbert Brass Cap in a handhole, bears S 00° 19' 26" E, a distance
of 2638.26 feet;

THENCE along the East line of said Section 10, S 00° 19' 26" E, a distance of 269.37

feet;
THENCE leaving said East line, S 89° 40' 34" W, a distance of 103.79 feet to the South

Right-of-Way line of RWCD Main Canal, according to Book 164 of Maps, Page 46,
MCR and to the TRUE POINT OF BEGINNING;

THENCE leaving said South line, S 10° 55' 33" W, a distance of 47.19 feet;
THENCE S 00° 19' 26" E, a distance of 291.76 feet;

THENCE S 45° 19'27" E, a distance of 67.88 feet;

THENCE S 00° 19' 26" E, a distance of 2.61 feet to a point on the South Right-of-Way
line of FCDMC according to Book 529 of Maps, Page 10, MCR;

THENCE along said South line, S 89° 41' 18" W, a distance of 8.00 feet;
THENCE leaving said South line, N 45° 19'27" W, a distance of 67.18 feet;
THENCE N 00° 19' 26" W, a distance of 295.61 feet;

THENCE N 10° 55' 33" Ea distance of 38.02 feet to the South line of said RWCD Main
Canal;

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Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement
June 18, 2008
Page 2 of 2

THENCE along said South line, N 48° 02' 04" E, a distance of 12.43 feet to the TRUE
POINT OF BEGINNING,

Containing 3,039 sq. ft. (0.07Ac,) +.

This Description is located within an area surveyed by AZTEC in March-April 2008, and
is also based on Maricopa County GDACS and Maricopa County Assessors information.
Dimensions shown are based on record data and do not represent a boundary survey,
Monumentation as noted in this Description is within acceptable standards (as defined in
“Arizona Boundary Survey Minimum Standards”) based on said survey.

Expires 06-30-10

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

fro 1/4 CORNER

SECTION 10, T2S, R6E
MARICOPA COUNTY DEPARTMENT

WESTON RANCH OF TRANSPORTATION
AMENDED . BRASS CAP IN HANDHOLE
BOOK 802 OF MAPS, _{e
PG. 50 M.C.R. wy & Fa
Ae 7s
N
Wee ON
& Rg pe N
BE OY nye Fa
Va S| Lt 2
ay
SEE DETAIL ’A'/ | \ 55’ 4 i °
i — —
(SHEET 2) RoW ES EXPIRES 06-30-10
\7 Y ao
ran A LINE TABLE
oN 58° | a LINE BEARING DISTANCE
A —_ ) J
Wa 1 ro} u $89°40'34"W 103.79
“ = L2 $10°55'33"W 47.19
“ | L3|_-__ s00%19°26"E| 291.76
7.50’ SRPE ; L4 $4519'27°E 67.88
3 i LS $00'19'26"E 2.61
1 L6 $89°41'18"W 8.00
SF 73 L7 N45‘19'27"W 67.18
of or ' L8 NoO'19'26"w|___ 295.61
& oe i ; Lg N10°55°33"E 38.02
a. 40 L10 N48'02'04"E 12.43
ov + | ROW
as i ae
I = MARICOPA COUNTY RECORDS
_ [ RoW = RIGHT—OF—WAY
SEE DETAL 'B' - ~ SRPE = SALT RIVER PROJECT EASEMENT
(SHEET 2) / 1 \
{ | | SOUTHEAST CORNER
\ 1 SECTION as T2s, R6E
\ / TOWN OF GILBERT
‘\ wf f BRASS CAP iN HANDHOLE
| _ EASEMENT EXHIBIT
HIGLEY PAVILION
BOOK 964 OF MAPS,
PG, 16 MGR. S| AZTEC ENGINEERING
4561 E HeDowell Rd, Phoenix, AZ 65008
7) Tek602454~0402 — Faxt602)454-0403
website: wrwaztecus
a, TCk:
ARIZONA SCALE:N/A 1] 2
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121.01.12_M2154_UE

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

i pos DETAIL 8”

N.
aN
\
\,
\,
\

=

_

|
|

\ FCDMC ‘\
BK. 529, PG. 10, MCR

\\ SOUTH ROW LINE
\-FODMC

EXPIRES? 06—30—10 aN

MCR = MARICOPA COUNTY RECORDS
ROW = RIGHT—OF—WAY
SRPE = SALT RIVER PROJECT EASEMENT

AZTEC ENGINEERING

4561 E HeBonell Rd, Phoentx, AZ 85008
Tel602454-0402 — Fax(602)454-0403

website: waeaztec.us
@ GILBERT “aE
ew NO. SHEETS
. ARIZONA SCALE:N/A 2] 2

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