H1. NON-EXCLUSIVE 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: Indian Bend Wash Outlet
FCD Parcel Nos.: N-2625 and N-2606
APNs: 132-17-007F and 132-17-007C ptns.
FCD Permit No.: 2005P062

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 TWELVE THOUSAND EIGHT HUNDRED TWENTY-TWO

DOLLARS and no/100 ($12,822.00), 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 19750137601 recorded June 19, 1975 and

in instrument number 19750113027 recorded May 22, 1975 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. 2005P062

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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 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.

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RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

‘DocuSigned by:

Seat Vogl 9/19/2023

64-408,

Scott Vogel Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

‘DocuSigned by:
AS 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 Pk 9/19/2023

E44C4ES.

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:

By: Matt Strepur 9/1/2023

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:
Ao ey
205805202258465,
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

Parcel Legal Description
” For ‘
EASEMENT FOR UNDERGROUND ELECTRIC
PLAYA DEL NORTE / MILLER IMPROVEMENTS
SRP Job No. KJL-75 _

An easement for-underground electric described as follows:

Commencing at the Center %4 comer of Section 11 (Br ‘ass cap in handhole), Township 1
North, Range 4 East, of the Gila and Salt River Meridian, Maricopa County, Arizona
from which the South 1/4 comer of Section 11 (ADOT Brass cap) bears ; .
South 00 degrees 08 minutes 05 seconds West a distance of 2654.76 feet;

Thence South 00 degrees 08 minutes 32 seconds West (Basis of Bearings); along the
North-South midsection line of said Section 11, a distance of 1326.92 feet to the
Northwest corner of the Southwest quarter of the Southeast quarter of said Section 11; a
found Brass cap;

Thence South 00 degrees 08 minutes 32 seconds ‘West along said North-South |
mid-section line a distance of 171.55 feet;

Thence South 89 degrees 51 minutes 28 seconds East, a distance of 40.00 feet to the
Southwest.comer of a parcel of land described in Docket 11171, pages 139 — 140 and
Docket 11210, pages 417-418, records of Maricopa County, Arizona, said point also
being the POINT OF BEGINNING;

Thence South 66 degrees 34 minutes 35 seconds East, along the South line of said parcel,
_ a distance of 113.27 féet to the Southwest corner of an existing SRP easement described
"in Docket 11306, page 1008;
Thence North 00 degrees 08 minutes 15 seconds East, along the West line of said existing
easement, a distance of 8.71 feet;
Thence North 66 degrees 34 minutes 35 seconds West, a distance of 113.27 feet;
Thence South 00 degrees 08 minutes 40 seconds West, a distance of 8.71 feet to the
POINT OF BEGINNING.

Subject easement contains 902.20 square feet more or less.

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Exhibit “A” -

continued

Attached to Non-Exclusive Utility Easement

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SECTION 11
TUNRAE
FND ADOT BCHH SALT RIVER PROJECT A.1.
& POWER DISTRICT
MARICOPA COUNTY, ARIZONA
CAUTION PLAYA DEL NORTE/ RIMPR
THE EASEMENT LOCATION AS HEREON Seed SECTION Tor MPROWEMENT
DELINEATED MAY CONTAIN HIGH VOLTAGE
ELECTRICAL EQUIPMENT, NOTICE 1S
HEREBY GIVEN THAT THE’ LOCATION OF PONTO OUND ELECTRIC
UNDERGROUND ELECTRICAL CONDUCTORS
OR FACILITIES MUST BE VERIFIED AS
REOUIRED BY ARIZONA REVISED STATUES, DESIGNED AGENT TILLER
SECTION 40-380.21, ET, SEO., ARIZONA DRAWN ARGENT __ APPROVED!
BLUE STAKE LAW, PRIOR TO ANY DATE 7-29-05
EXCAVATION. SCALE N.S. SHEET | OF 2
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Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement

EXHIBIT "A"

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PLAYA DEL NORTE/-MILLER MPROVEMENT
SE 1/4 SECTION 11 TI NRE

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"| rR li : SALT RIVER PROJECT A.1.
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» : MARICOPA COUNTY, ARIZONA

UNDERGROUND ELECTRIC
POWER LINE RIGHT-OF-WAY
DESIGNED AGENT TILLER
ORAWN SARGENT APPROVED:

DATE 7-29-05
SCALE N.T.S. SHEET _2. OF 2

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