D1. NON-EXLCUSIVE 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-2157 and M-2165

APNs: 304-60-002J and 304-60-024A ptns.
FCD Permit No.: 2006P073

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 FOUR THOUSAND SIX HUNDRED TWELVE DOLLARS

and no/100 ($4,612.00), 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 19750224016 recorded September 25, 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. 2006P073

Page | of 8
121.01.12_M2157_UE

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

Page 2 of 8
121.01.12_M2157_UE

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.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Page 3 of 8
121.01.12_M2157_UE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

‘DocuSigned by:

Sutt Vogl 9/19/2023

Scott Vogel Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:
a 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:

Wayne Puck 9/19/2023

COAB3DODEAACAES.

Wayne Peck Date
District General Counsel

Page 4 of 8
121.01.12_M2157_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)

Page 5 of 8
121.01.12_M2157_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:

Matt Strupur 9/1/2023

BY: \,_séspeepnerssue

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.

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

Page 6 of 8
121.01.12_M2157_UE

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

LEGAL DESCRIPTION
SRP ELECTRIC EASEMENT

A PORTION OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 6
EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, SAID CORNER BEING A BRASS
CAP IN HAND HOLE, FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION BEARS
SOUTH 00 DEGREES 55 MINUTES 39 SECONDS EAST, A DISTANCE OF 2689.34’;

THENCE SOUTH 00 DEGREES 55 MINUTES 39 SECONDS EAST ALONG THE WEST LINE OF
THE NORTHWEST QUARTER OF SECTION 1, A DISTANCE OF 1576.95’ TO THE EAST RIGHT
OF WAY LINE OF THE ROOSEVELT WATER CONSERVATION DISTRICT MAIN CANAL PER
BOOK OF DEEDS 197, PAGE 258 AND BOOK OF DEEDS 211, PAGE 350;

THENCE LEAVING SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 1, NORTH
41 DEGREES 54 MINUTES 00 SECONDS EAST ALONG THE EAST RIGHT OF WAY LINE OF THE
ROOSEVELT WATER CONSERVATION DISTRICT MAIN CANAL, A DISTANCE OF 287.36’ TO

THE POINT OF BEGINNING;

THENCE CONTINUING ALONG THE EAST RIGHT OF WAY LINE OF THE ROOSEVELT WATER
CONSERVATION DISTRICT MAIN CANAL NORTH 41 DEGREES 54 MINUTES 00 SECONDS

EAST, A DISTANCE OF 8,00’;

THENCE LEAVING SAID EAST RIGHT OF WAY LINE OF THE ROOSEVELT WATER
CONSERVATION DISTRICT MAIN CANAL, SOUTH 47 DEGREES 44 MINUTES 52 SECONDS
EAST, A DISTANCE OF 299,46’ TO THE BAST LINE OF THE MARICOPA COUNTY FLOOD
CONTROL DISTRICT RIGHT OF WAY PER DOCUMENT 11347, PAGE 1078 MARICOPA COUNTY

RECORDS;

THENCE SOUTH 41 DEGREES 50 MINUTES 50 SECONDS WEST, ALONG THE EAST RIGHT OF
WAY OF THE MARICOPA COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY, A
DISTANCE OF 8.00’;

THENCE LEAVING SAID EAST RIGHT OF WAY OF THE MARICOPA COUNTY FLOOD
CONTROL DISTRICT RIGHT OF WAY, NORTH 47 DEGREES, 44 MINUTES, 52 SECONDS WEST,
A DISTANCE OF 299.46’ TO THE POINT OF BEGINNING.

EASEMENT CONTAINS 2396 SQUARE FEET MORE OR LESS,

Page 7 of 8
121.01.12_M2157_UE

Exhibit “A” - continued

RECKER ROAD
1576.95' (C)

2689.34" (M)

$00°55' 39"E

294.24" (C)

<
in
coy
i
a

FND BCHH

Attached to Non-Exclusive Utility Easement
EXHIBIT "A" NIZA COR BEC I -
725 ROE *
PECOS ROAD NOI" 21" 10"E 2637.11" (M) . .
268.08" (C) 778.23"

1455.06'(C) 135.74" (C)

NORTH

NOT TO SCALE

SRP JOB # KE9-658
JS.1E - 6.38

FND ACF
WI/4 COR SEC 1
T2S R6E

CAUTION

THE EASEMENT LOCATION AS HEREON DELINEATED MAY
CONTAIN HIGH VOLTAGE ELECTRICAL EQUIPMENT, NOTICE
1S HEREBY GIVEN THAT THE LOCATION OF UNDERGROUND

ELECTRICAL CONDUCTORS OR FACILITIES MUST BE VERIFIED

AS REQUIRED BY ARIZONA REVISED STATUES, SECTION

40*380.21, ET. SEQ., ARIZONA BLUE STAKE LAW, PRIOR TO

ANY EXCAVATION,

NOTE+
AN EASEMENT,
NOT BE CONSTRUED AS SUCH.

(Cc)

LEGEND

NOTE+SYMBOLS MAY NOT BE TO DRAWING
SCALE, SO AS TO BETTER ENHANCE
GRAPHICAL REPRESENTATION

SECTION AND CENTERLINE
PROPERTY LINE
me «EASEMENT LIMITS

THIS EXHIBIT 1S INTENDED TO ACCOMPANY
1T 1S NOT A SURVEY AND SHOULD

SALT RIVER PROJECT A.l.
& POWER DISTRICT
MARICOPA COUNTY, ARIZONA

MOODY GETAWAY
NW174,SEC1, 72S, R6E

UNDERGROUND ELECTRIC
POWER LINE RIGHT-OF-WAY

BOCKMANN

DESIGNED _WILLIAMS _ AGENT

DRAWN ___R.PEHRSON. APPROVED!
DATE 11715706
SCALE __N.T.S. SHEET 1 OF 1.

Page 8 of 8

121.01.12_M2157_UE