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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 AERIAL EASEMENT FCD Project: East Maricopa Floodway Reach 4 FCD Parcel Nos.: M-2158 and M-2165 APNs: 304-49-022F and 304-49-022B ptns. FCD Permit No.: 2008P026 This Aerial 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 ONE THOUSAND SIX HUNDRED SEVENTY-SEVEN DOLLARS and no/100 ($1,677.00), and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE an easement (“Aerial Easement”) through, within and across a portion of the premises set forth in instrument number 19750255774 recorded October 31, 1975 and in instrument number 19820195754 recorded June 24, 1982 in the official records of Maricopa County (“Burdened Property”). The Aerial Easement is granted across the vertical air space beginning at fifteen feet (15’) above ground level within the real property described in the attached Exhibits “A-1 and A- 2” (“Easement Area”), 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 Property, as GRANTEE may now or in the future deem convenient or Page | of 13 121.01.12_M2158_AE necessary from time to time, in accordance with FCD Right-of-Way Use Permit No. 2008P026 (‘FCD Permit”). The Aerial 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 Aerial Easement may contain high voltage electrical equipment. Notice is given that any activity performed within the Aerial Easement shall comply with the Arizona Overhead Powerline Safety Law, A.R.S. Sections 40-360.41-45. Said Aerial 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 Aerial 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 Aerial 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 Aerial 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 granted 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 Aerial Easement is granted, so as to protect the same from interfering with the maintenance and operation of GRANTEE’S Facilities. After the installation of GRANTEE’S Page 2 of 13 121.01.12_M2158_AE Facilities in accordance with said FCD Permit, any modification whatsoever to the Aerial Easement, the Facilities, 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 Aerial Easement are for use by GRANTEE and GRANTEE’S employees, contractors, co-owners, and participants for the purpose stated herein. This Aerial Easement shall run with the land and is binding on all parties, their successors and assigns. Grantee shall have the right to assign the Aerial 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 Aerial 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 Aerial 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 Aerial Easement or Easement Area. GRANTOR represents and warrants that is has full power and authority to grant the Aerial Easement and perform its obligations under this instrument. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 of 13 121.01.12_M2158_AE RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DocuSigned by: Sot Vogl 9/19/2023 Scott Vogel Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT ‘DocuSigned by: [ As— 9/19/2023 F0612B0D565N4CC. 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 Putk 9/19/2023 Wayne Peck Date District General Counsel Page 4 of 13 121.01.12_M2158_AE 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 13 121.01.12_M2158_AE 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: Matt Strepur 9/1/2023 * S=—310DE6B7E7354A7. 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. 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 13 121.01.12_M2158_AE Exhibit “A-1” - Easement Attached to Aerial Easement July 10, 2009 Page 1 of 1 EXHIBIet A Legal Description SRP Aerial Easement for SRP JOB # XA3-3760 APN 304-49-022-F A parcel of land located in the Southwest Quarter of Section 36, Township 1 South, Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly desctibed as follows: Commencing at the South Quarter Comer of said Section 36, a Brass Cap, whence the Southwest Corner of said Seotion 36, a Town of Gilbert Brass Cap in a handhole, bears $ 89° 21' 09" W, a distance of 2637.12 feet; THENCE along the South line of said Section 36, S 89° 21° 09" W, a distance of 448.49 feet; SHENCE leaving said South line, N 00° 38'51" W, a distance of 622.99 feet to the Southerly Right-of- Way line of Rittenhouse Road, according to Book 3 of Road Maps, Page 8, Maricopa County Records (MCR) and the TRUE POINT OF BEGINNING; THENCE leaving said Southerly line, N 62° 15' 58” W, a distance of 20,52 feet; THENCE N 41° 51' 09" B, a distance of 3.09 feet to said Southerly line; ‘THENCE along said Southerly line, $ 53° 37' 59" E, a distance of 20.00 feet to the TRUE POINT OF BEGINNING. . Containing 31 sq. ft. (0.00 Ac.) + This Description is located within an area surveyed by AZTEC in May-July 2007, and is also based. on Maricopa County GDACS and Maricopa County Assessors information. Dimensions shown ate based on record data and do not xepresent 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 RAPhoenialProjects\AZE0703 H-R-WPRISurvey\legals\30449022R-SRP-ABRIAL.doo Page 7 of 13 121.01.12_M2158_AE Exhibit “A-1” - Continued Attached to Aerial Easement & — Sa} o2n% Hat, \ausoud\ ay ee NN ee u z ft w/NeTIvOS o3rO¥d waN EWS =" <RS SWE | ehss|] ——arer ot Se ONSOS1 SHTARZUAAR 133]592R LUSIHXG LNANISVA “d'Y’S caciad “Ti dv SSVHa a9uN ‘SZL ‘ge NOLS YANNOO +/1 HINOS d-@C0~-84~vOE SIOHGNVH_NI d¥O SSvu iNag1I9 JO NMOL 39y “SZl “9f NOLLOSS YANHOO LSAMHLNOS Wy 8Z6—-6y—70S Nedl¥ O09 ‘ON LOIMLSIG OOHOS OSISINN ADIOIH 86°29 M,L9,82.00N a ‘WOW ‘8 3OVd ‘Sd¥W advo" 40 ¢ OOS wad MOY 08 7 | / ae Pe, ogze—svx #aor dys 121.01.12_M2158_AE Page 8 of 13 Bxpog US —Kezashyne\ Raps ELTA) elon ol renter muscu 4 @ SESAHS| “ON TWhOL | JA3HS Exhibit “A-1” - Continued Attached to Aerial Easement EOYO-SHSIS NTI = BOPD~PSPCEODIOL BRS ZY SyMaoty “Fa TRACIH "2 TSGr SNREANION 3171 SHITE} ZOUKA 12q]SqBA LUSIHXS LNAWSSVS “d'u’S . vod ASNOHNSLUY SNM MOY ATYSHLNOS 00°0Z 4,69, 2Z2E¢S eal 60° u60, 1S. LPN cal 2g'0% M.8S,S1.G9N 4 ZONVLSIC ONIWaa SNIt aay. anh LOafoudd YA Iiys = dus AWM—AO~LHOIY og/e—evx #aor dus = MOY GNASS1 (Fav co’o/'4's 12) INSWESVS “WINSY dus Of Page 9 of 13 121.01.12_M2158_ AE Exhibit “A-2” Attached to Aerial Easement August 4, 2009 Page 1 of 2 EXHIBIT A Legal Description SRP Aerial Easement for SRP JOB # XA3-3760 APN 304-49-022-B A parcel of land located in the Southwest Quarter of Section 36, Township 1 South, Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the South Quarter Corner of said Section 36, a Brass Cap, whence the North Quarter Corner of said Section 36, a Maricopa County Highway Dept. Brass Cap in a handhole, bears N 00° 47' 48" W, a distance of 5267.03 feet; THENCE along the North-South mid-section line of said Section 36, N 00° 47' 48" W, a distance of 636.23 feet; THENCE leaving said North-South mid-section line, S 89° 12' 12" W, a distance of 462.80 feet to the South Right-of-Way line of Rittenhouse Road according to Book 3 of Road Maps, Page 8 Maricopa County Records (MCR) and the TRUE, POINT OF BEGINNING; THENCE leaving said South Right-of-Way line, S 41° 51' 09" W, a distance of 3.09 feet; . THENCE N 62° 15'58" W, a distance of 103.11 feet to the East line of the Roosevelt Water Conservation District Main Canal per Book 164 of Maps, Page 46 MCR; THENCE along said East line, N 41° 51' 09" E, a distance of 18.64 feet to a point on said South Right- of-Way line; R:\Phoentx\Projects\AZE0703 H-R-WFR\Survey\Vegals\30449022B-SRP-Ar3,doc. Page 10 of 13 121.01.12_M2158_AE Exhibit “A-2” - Continued Attached to Aerial Easement August 4, 2009 Page 2 of 2 THENCE leaving said East line, along said South line, S 53° 37' 59" E, a distance of 100.46 feet to the TRUE POINT OF BEGINNING. . Containing 1,087 sq. ft. (0.03 Ac.) +. This Description is located within an area surveyed by AZTEC in May-July 2007, 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. RAPhoenix\Projeots\AZB0703 H-R-WER\Survey\legals\30449022B-SRP-Ar3,doo Page 11 of 13 121.01.12_M2158_AE Exhibit “A-2” - Continued Attached to Aerial Easement vob SUNS 8PZOGE OF Bnp\ GOCO Lp Kauss =H COLOS7VA mafas.A xuodU.)\3 ¢ 1 “SN SF1VOS SIG3HS} ‘ON 80—11~9 =31V0 “WIOL | 133HS) = So2ajZUEKe ysqaR EDPO-PGHCOSHOS §— SOHI-PSCOIOL BO0SE ZY MuaCUs “PY NPAOKOH “3 I9Gy ONIEANIONG 5171 (Ondo) LUSIHXS INSWASVA ‘d'Y°S O9ZE-CVX #80P dus dV SSVug 39y ‘SLL ‘9¢ NOILOSS YSNYOO +/1 HLNOS Cl LE9S My SNM NOLLOSSCIN HLNOS~HLYON STIOHGNVH NI dVO SSvua “Id3d AVMHSIH . ALNNOD YdOOrRVW OY ‘SLL ‘9S NOLLOSS YANYOO +/L HLYON Li CINSNNOMV) avo" 3-ZZ0-6b—-70E Ndv ‘WOW 8 “Od ‘SAYA WOH JO. © 4OOS wad (VOM “SSNOHNBLLIY) 7 .7.00N 8: ee 60,1Z.68S \\ SOO03d dvO SSvVHd LYSHIIO 40 NMOL 39u_ ‘SLl ‘9¢ NOLLOSS YANHOD LSAMHLNOS: & v x OO vs £0°L97S_M, Ndv Page 12 of 13 121.01.12_M2158_AE Exhibit “A-2” - Continued Attached to Aerial Easement AINSW3SV3 WINSV dus GOdL pS \ a — ANSNSSVa Wav dys oc ~~ pnts NN RO z|z "SN STWOS (FOV £0°0/'4'S L801) > sroaszoann aapaea[ 4 IN3WaSVa Wey dus os 2-2-7 [ OF'00! _([4.05,2.2SS ¥1 SNREANISN 5 170 798) ___|3,60,1S.09N a LEEOL M.8S,51.C9N Zl (ONGD4) coe 60° M,60,15.17S ia AIGIKXS INSWASV4 ‘d’y’S SONVISIC ONRVaa SNM ogZe—¢evx #a0f dus (LNANBSVa IVINaV) S1avl SND TE PAO W SlylLZy-O-16 "ON ‘O00 Yad ANAWSSVa AVMHOIH .SL\ \ OWdOS a-Z20-6y—v0£e Nd¥ ~. aN ~ avou SSNOHNaLE SNM MO HLNOS O ~. Page 13 of 13 121.01.12_M2158_AE