G1. NON-EXCLSUIVE 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 No.: M-2165

APN: 304-49-022B ptn.

FCD Permit No.: 2008P033

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 TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY-

FOUR DOLLARS and no/100 ($21,454.00), 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 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.

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2008P033 (“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 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:

Sut Voge 9/19/2023

Scott Vogel Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:
( AS— 9/19/2023
F0612BOD565D4CC...

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:
Wayue Puck 9/19/2023
4G4E5.

Wayne Peck Date
District General Counsel

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121.01.12_M2165_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)

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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 Strerpur 9/1/2023

By: 310DE6R7E7354A7

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.
DocuSigned by:

Ac Hetly
20580526225465
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

EXHIBIT “A”

That part of the Southwest Quarter of Section 36, Township 1 South, Range 6
East, Gila and Salt River Meridian, Maricopa County, Arizona more particularly
described as follows:

Commencing at the Southwest corner of said section 36, being a Town of Gilbert.
Brass Cap in a Handhole, from which the South Quarter corner, being an Brass
Cap Flush with no markings, bears N89°21’10"E (Basis of Bearings), a distance of
2637.00 feet; .

Thence coincident with the South Line of said Southwest Qua rter, N89°21'107E, a
distance of 1455.02 feet to the Southeasterly line of the Roosevelt Water
Conservation District (RWCD) Canal as described in Book 164 of Maps, Page 46
Records of Maricopa County, and also being the Point of Beginning;

Thence departing said South line of said Southwest Quarter and coincident with
said Southeasterly line, N41°51’10”E, a distance of 466.06 feet;

Thence departing said Southeasterly line, N43°51’18”E, a distance of 386.88 feet;

Thence N53°03'10"W, a distance of 13.57 feet to a point on the aforementioned
Southeasterly line of the RWCD Canal;

Thence coincident with said Southeasterly line, N41°51'10’E, a distance of 92.25
feet to a point on the Southwesterly Right of Way Line of Rittenhouse Road;

Thence coincident with said Southwesterly line, $53°38’47”E, a distance of 8.04
feet;

Thence departing sald Southwesterly line, S41°51'10"W, a distance of 84.30 feet;

’ Thence S53°03’10"E, a distance of 13.88 feet;

Page 1 of 2

SRP Job KEB-6210

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

Thence $43°51’18”W, a distance of 395.77 feet;
Thence $41°51’10”W, a distance of 434.20 feet;
Thence $48°08’50"E, a distance of 3.66 feet;

Thence S41°51’10”W, a distance of 21,03 feet to a point on the South Line of said
Southwest Quarter;

Thence, coincident with said South Line, $89°21’10"W, a distance of 15.82 feet to
the Point of Beginning,

Sald parcel contains 7730 square feet more or Jess.

REGISTRATION
EXPIRES; 09-30~11

Page 2 of 2

SRP Job KEB-6210

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

EXH

‘7
REGISTRATION
EXPIRES: 09~30-11

RECKER ROAD

sw cor 135.64" (R)
SECTION 36
TIS, R6E
TOG’ BCHH

\ 1319.38'(R)

SRP JOB *
KEB-6210

NOTE

THIS EXHIBIT 1S INTENDED
TO ACCOMPANY AN EASEMENT,
1T 1S NOT A SURVEY AND SHOULD
NOT BE CONSTRUED AS SUCH.

EQUIPMENT PAD(S?) ARE A PART
OF THE EASEMENT UNLESS
OTHERWISE NOTED,

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.

IBIT "A"

S53°38'47°E
100.46' (R)

S53° 38 47°E
100.46’ (R)

S174 COR

SECTION 36

135.64" (R) TIS, R6E

UNMARKED

_— 1046.34 (R)___ Ot FLUSH
(REM) BASIS OF BEARINGS ¥

LEGEND

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

SECTION ANDO CENTERLINE
PROPERTY LINE
LIMITS OF EASEMENT

SALT RIVER PROJECT A.1.
& POWER DISTRICT

EAST MESA SEWER INTERCEPTOR PH 3

SW17/4, SEC36,T 1S, REE

OVERHEAD AND UNDERGROUND ELECTRIC
POWER LINE RIGHT-OF-WAY
MARICOPA COUNTY

DESIGNED _REED AGENT _GOLLI HARE
ORAWN ___ SMITH APPROVED!

DATE 9-25-08 APPROVED!

SCALE ___i"+200' ss syeer 1 oF 2
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Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement

N53° 03" 10°W
13.57'(C)
REGISTRATION
EXPIRES: 09~30-11
SURVEYORS NOTE:
THE GOUNDARY FOR APN 304~49-0228 1S
DEPENDANT UPON THE LOCATION OF THE RWCD
PARCEL, SINCE NO CORNERS OF THIS PARCEL
OR THE RWCD WERE FOUND THE BOUNDARY
WAS CALCULATED USING RECORDED
INFORMATION CONTAINED IN
MCR 164-46 AND MCR 921-48,
BASIS OF BEARINGS 1S GPS GRID
NORTH AS DETERMINED BY FIELD
MEASUREMENTS ALONG THE SOUTH
LINE OF THE SW 1/4 OF
SECTION 36 TIS, RG6E.

OR 0 ~ 53°03" 10"E
Are 13.88 (C)

“4
4)
va
wf
On
a ae
\ “ “Ss RY
ye HOON
ACN
AO
7 7 5
Loe S48° 08' 50"E
Ln “ 3,66'(C)
LLY S49°5)" 10"W
Ao 21,03'(C)
oY &
LLL 119,810 (C) . _
POR 35 EF (RDO SALT RIVER PROJECT A.1.
N89° 21 1O"E & POWER DISTRICT
EAST MESA SEWER INTERCEPTOR PH 3
SW1I/4, SEC 36, TIS, R6E
OVERHEAD ANO UNDERGROUND ELECTRIC
POWER LINE RIGHT-OF-WAY
= SRP JOB # MARICOPA COUNTY
a
SI KEB-621/0 | o€sicneo REED AGENT GOLL} HARE
N.T.S. DRAWN ___ SMITH APPROVED!
DATE 9-25-08 APPROVED!
SCALE N.T.S. SHEET 2 OF 2_

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