C1. NON-EXCLUSIVE UTILTIY 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-2155 and M-2165
Portions of APN: 304-60-025; 029 and 015K
FCD Permit No.: 2006P080

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 NINE HUNDRED TWENTY-EIGHT

DOLLARS and no/100 ($6,928.00), 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 19750156888 recorded July 11, 1975 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 accordance with FCD Right-of-Way Use Permit No. 2006P080 (“FCD Permit”). The

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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
Facilities in accordance with said FCD Permit, any modification whatsoever to the Easement, the

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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
GRANTEEF’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:

Sut Vogl, 9/19/2023

Scott Vogel Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:
| an 9/19/2023

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:
Wana Put 9/19/2023

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 Strpur 9/1/2023

By: \ sscuungtetasate

Matt Streeper, Manager, SRP Land Rights Management

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this Ist 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.

251 2.485.

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
LEGAL DESCRIPTION
SRP ELECTRIC: EASEMENT

A PORTION OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH,
RANGE 6 EAST, OF THE GILA AND SALT RIVER BASE AND MBRIDIAN, MARICOPA
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 11, SAID CORNER
BEING A MARICOPA COUNTY ALUMINUM CAP FLUSH, FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION BEARS SOUTH 89 DEGREES 54 MINUTES

49 SECONDS WEST, A.DISTANCE OF 2634.50";

THENCE SOUTH 0 DEGREES 17 MINUTES 52 SECONDS BAST ALONG THE NORTH-
SOUTH MID-SECTION LINE-OF SAID SECTION, A DISTANCE OF 78.24 TO THE POINT

OF BEGINNING;

THENCE LEAVING SAID MID-SECTION LINE NORTE 62 DEGREES 17 MINUTES 25
SECONDS BAST, A DISTANCE OF 27.21’;

THENCE NORTH.89 DEGREES 31MINUTES 32 SECONDS BAST, A DISTANCE OF 19.78;

THENCE SOUTH 62 DEGREES 16 MINUTES 50 SECONDS WEST, A DISTANCE OF
17.48’;

THENCE SOUTH 89 DEGREES 31 MINUTES 32 SECONDS WEST, A DISTANCE OF
2.30°;

THENCE SOUTH 62 DEGREES 17 MINUTES 25 SECONDS WEST, A DISTANCE OF
29,42’; .

THENCE SOUTH 62 DEGREES 17 MINUTES 25 SECONDS WEST, A DISTANCE OF
462.26° TO THE BEGINNING OF A 'NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 378.65’ AND A CENTRAL ANGLE OF 22

DEGREES 18 MINUTES 59 SECONDS;

THENCE SOUTHWESTBRLY ALONG SAID-CURVE A DISTANCE OF 147.48’, SAID
CURVE HAVING A CHORD BEARING OF SOUTH 50 DEGREES 47 MINUTES 14
SECONDS WEST, AND A CHORD DISTANCE OF 146.55’;

THENCE NORHT 51 DEGREES 00 MINUTES 07 SECONDS WEST, A DISTANCE OF
296.19’ TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE ROOSEVELT
WATER CONSERVATION DISTRICT PER BOOK OF DEEDS 215, PAGE 377, SAID
POINT BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 655.00’ AND A CENTRAL ANGLE OF 0 DEGREES 41 MINUTES

59 SECONDS;

THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 8.00°TO A. POINT
ON THE WEST RIGHT-OF-WAY LINE OF THE ROOSEVELT WATER CONSERVATION

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

DISTRICT, SAID CURVE HAVING A CHORD BEARING OF NORTH 39 DEGREES 36
MINUTES 12 SECONDS BAST, AND A CHORD DISTANCE OF 8.00’;

THENCH LEAVING THE WEST LINE OF THE: ROOSEVELT WATER CONSERVATION
DISTRICT SOUTH 51 DEGREES 00 MINUTES 07 EAST, A DISTANCE OF 288.27’ TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHBASTERLY
HAVING A RADIUS OF 386.65’ AND A CENTRAL ANGLE OF 21 DEGREES 08

MINUTES 51 SECONDS:

THENCE NORTHEASTERLY ALONG SAID CURVE 142.71’, SAID CURVE HAVING A
CHORD BEARING OF NORTH 51 DEGREES 22 MINUTES 32 SECONDS BAST, AND A

CHORD DISTANCE OF 141.90";

THENCE NORTH 62 DEGREES 17 MINUTES 25 SECONDS EAST, A DISTANCE OF
466,43’ BACK TO THE POINT OF BEGINNING.

EASEMENT CONTAINS 7530.0420 SQUARE FEET MORE OR LESS.

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

EXHIBIT "A"

NLT,S,

FND HC ALCF

ALS 18578

“Nia, COR SEC 11
GERMANN RD 72S R6E J
$09°54' 49°H 2634, 50' (R)

an er a 1 a Joan ieateensenen é
4 Wags TF 107 ra le 14%. 58° (6) 253,84" (C3 TT:
FND AHD BCHH “ va Meek 7 [re ,
iN con see tt BE NRF po sores gy
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HLC.R, SEE DETAIL “A”
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yeh he Pet aN
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i set 509° 51" 32" 728 AGE
bait tC 2.30° 10) CALCULATED
L 56%, A?

LEGEND RUMBER|DELTA ANOLE|RADIUS|ARC LENGTH
iieiesins SECTION AND CENTERLINE Cig oo"4s' 59" _|655.00|8.00

PROPERTY LINE

NOTE! THIS EXHIBIT 1S ‘INTEDED TO ACCOMPANY.

oe mmerner rr CENTERLINE OF 8' EASEMENT AN EASEMENT, 1T 1S NOT 4 SURVEY AND SHOULD
NOT BE CONSTRUCTED AS SUCH,
@ EQUIPMENT PAD ~
UNLESS OTHERWISE NOTED SALT RIVER PROJECT A.J.
ARE PART OF THE EASEMENT & POWER DISTRICT
MARICOPA COUNTY, ARIZONA
CAUTION MOODY TIE 4& 5
THE EASEMENT LOCATION AS: HEREON
DELINEATED MAY CONTAIN HIGH VOLTAGE NWI/4 SECII T2S RGE
ELECTRICAL EQUIPMENT, NOTICE 1S
HEREBY GIVEN THAT THE LOCATION OF UNDERGROUND ELECTRIC
UNDERGROUND ELECTRICAL CONDUCTORS POWER LINE RIGHT-OF-WAY
OR FACILITIES MUST BE VERIFIED AS "|
REQUIRED BY ARIZONA REVISED STATUES, DESIGNED WILLtAUS | AGENT —_ BOCKMANN
SECTION 400580. 21. ET. ae ARIZONA . DRAWN SALIH. APPROVED
Bi Ss LAW, PRIOR TO A . DATE 11-02-06 .
EXCAVATION. SPE PB NO SCALE WN. SHEET 1 OF J.

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