E1. NON-EXCLUSIVE UTILITY EASEMENT.PDF
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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-2157 and M-2165
APNs: 304-60-002J and 304-60-024A ptns.
FCD Permit No.: 2006P092
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 SEVEN THOUSAND FOUR HUNDRED FIFTY-SEVEN
DOLLARS and no/100 ($7,457.00), 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. 2006P092
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(“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
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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 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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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:
[ As— 9/19/2023
— = F0612R0N585D4CC.
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 Perk 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:
py: | Matt Strugur 9/1/2023
Ys ea
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:
Aas
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
PECOS ROAD
S89° 24'00"W 2637.09'
2637.13"
FND TOWN OF GILBERT BCHH
NW COR SEC |
T2S R6E
SEE DETAIL "A"
SECTION AND CENTERLINE
PROPERTY LINE
PROPOSED EASEMENT
M.C.F.C,D, MARICOPA COUNTY FLOOD CONTROL DISTRICT
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
$41°54' 0S" W
183.71"
Attached to Non-Exclusive Utility Easement
EXHIBIT
mane
N.T.S.
FND BLANK BCF
N 174 COR SEC 1
T2S R6E
ee ah,
775. t7'(C)
(M)
BEGINNI
(c)
NUMBER| DIRECTION {DISTANCE
Lt S41° 54’ 00"W| 8.02°
L2 N52° 32' 37"W1 3.92"
L3 S85°57' 04"W|6.32'
L4 N41°54' 00°E| 8.00°
L5 N85° 57' 04°E| 12,59"
L6 S52° 32' 37"E| 7.58"
NOTE? THIS EXHIBIT 1S INTENDED TO ACCOMPANY
AN EASEMENT, IT 1S NOT A SURVEY AND SHOULD
NOT BE CONSTRUCTED AS SUCH .
SALT RIVER PROJECT A.l,
& POWER DISTRICT
MARICOPA COUNTY, ARIZONA
MOODY TIE #2
NWI74 SECI T2S R6E
UNDERGROUND ELECTRIC
POWER LINE RIGHT-OF-WAY
REQUIRED BY ARIZONA REVISED STATUES, DESIGNED WILLIAMS AGENT BOCKMANN
SECTION 40-380.21, ET. SEQ., ARIZONA SRP JOB NO,+ | DRAWN SALIH APPROVED
BLUE STAKE LAW, PRIOR TO ANY KE9-656 DATE 04-10-07
EXCAVATION, SCALE __N.T.S. SHEET 1 OF 1
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Exhibit “A” - continued
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 NORTH QUARTER CORNER OF SECTION 1, SAID
CORNER BEING A BRASS CAP FLUSH, FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION BEARS SOUTH 89 DEGREES 24 MINUTES 00
SECONDS WEST. A DISTANCE OF 2637.09’;
THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS WEST ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION, A
DISTANCE OF 775.17 TO A POINT ON THE EAST LINE OF THE RIGHT-OF-
WAY LINE OF THE MARICOPA COUNTY FLOOD CONTROL DISTRICT
(M.C.F.C.D.), AS RECORDED IN DOCKET 11347, PAGE 1079 WITH MARICOPA
COUNTY RECORDS;
THENCE LEAVING THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION, SOUTH 41 DEGREES 54 MINUTES 00 SECONDS WEST ALONG
THE EAST RIGHT-OF-WAY LINE OF M.C.F.C.D., A DISTANCE OF 510.50’ TO
THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF M.C.F.C.D.
SOUTH 41 DEGREES 54 MINUTES 00 SECONDS WEST, A DISTANCE OF 8.02’
TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF M.C.F.C.D;
THENCE LEAVING THE EAST RIGHT-OF-WAY LINE OF M.C.F.C.D., NORTH 52
DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 3.92’;
THENCE SOUTH 85 DEGREES 57 MINUTES 04 SECONDS WEST, A DISTANCE
OF 6.32’:
THENCE SOUTH 41 DEGREES 54 MINUTES 05 SECONDS WEST, A DISTANCE
OF 183.71’;
THENCE NORTH 48 DEGREES 10 MINUTES 27 SECONDS WEST, A DISTANCE
OF 291.69’ TO THE WEST RIGHT-OF-WAY LINE OF M.C.F.C.D AS RECORDED
IN DOCKET 16610, PAGE 683 OF MARICOPA COUNTY RECORDS;
THENCE NORTH 41 DEGREES 54 MINUTES 00 SECONDS EAST ALONG THE
WEST RIGHT-OF-WAY LINE OF M.C.F.C.D., A DISTANCE OF 8.00’;
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Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement
THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF M.C.F.C.D., SOUTH 48
DEGREES 10 MINUTES 27 SECONDS EAST, A DISTANCE OF 283.69’;
THENCE NORTH 41 DEGREES 54 MINUTES 05 SECONDS EAST, A DISTANCE
OF 178.96’;
THENCE NORTH 85 DEGREES 57 MINUTES 04 SECONDS EAST, A DISTANCE
OF 12.59”;
THENCE SOUTH 52 DEGREES 32 MINUTES 37 SECONDS EAST, A DISTANCE
OF 7.58’ BACK TO THE POINT OF BEGINNING.
EASEMENT CONTAINS 3874 SQUARE FERT MORE OR LESS.
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