I1. 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-2629

APNs: 132-14-007D ptn.

FCD Permit No.: 2004P123

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 TWO HUNDRED FORTY-THREE

DOLLARS and no/100 ($7,243.00), 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 19770319406 recorded November 01, 1977 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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2004P123 (“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:

[sat Vo 9/19/2023
7AB31702861140A.

Scott Vogel Date

Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

‘DocuSigned by:
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:

(Magn Pet 9/19/2023
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: ait St Uppy 9/1/2023

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

‘DocuSigned by:
Ao Hey

Notary Public (signature)

Grantee.

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

TTRRSS: IN4E14

JOB NAME: CITY OF TEMPE H20 TRANS
PAGE: 1 OF 1

DATE: 10/16/2018
LDWR NO; KJ6-189
TECH NAME: GREIFE

AN EASEMENT LYING WITHIN A PARCEL OF LAND AS DESCRIBED PER DOCKET 12519 PAGE 966
MARICOPA COUNTY RECORDER (MCR) LOCATED IN THE SOUTHEAST QUARTER OF SECTION 1.1,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING 8.00 FEET IN WIDTH, LYING 4.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED

CENTERLINE;

COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 11, BEING A BRASS
CAP IN HAND HOLE, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 11,
BEING AN ALUMINUM CAP STAMPED “ADOT”, BEARS SOUTH 00 DEGREES 07 MINUTES

36 SECONDS WEST, A DISTANCE OF 2654.66 FEET (BASIS OF BEARING);

THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11,
SOUTH 00 DEGREES 07 MINUTES 36 SECONDS WEST, A DISTANCE OF 1326,89 FEET
TO THE CENTERLINE OF CURRY ROAD;

THENCE ALONG THE CENTERLINE OF CURRY ROAD, NORTH 89 DEGREES 52 MINUTES
20 SECONDS EAST, A DISTANCE OF 33,00 FEET TO THE SOUTHWEST CORNER OF SAID

PARCEL; 1

THENCE ALONG THE SOUTH LINE OF SAID PARCEL AND CONTINUING NORTH 89°
DEGREES 52 MINUTES 20 SECONDS EAST, A DISTANCE OF 127,04 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL;

THENCE ALONG THE EAST LINE OF SAID PARCEL, NORTH 00 DEGREES 11 MINUTES
44 SECONDS EAST, A DISTANCE OF 85.02 FEET TO THE POINT OF BEGINNING;

\

THENCE SOUTH 46 DEGREES 40 MINUTES 34 SECONDS WEST, A DISTANCE OF 9.98 FEET
TO A JUNCTION BOX BEING A PART OF THIS EASEMENT;

THENCE SOUTH 86 DEGREES 50 MINUTES 06 SECONDS WEST, A DISTANCE OF 14.91 FEET
TO AN SES METER BEING A PART OF THIS EASEMENT AND THE POINT OF TERMINUS,

END OF DESCRIPTION

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

EXHIBIT “A”

) CENTER '% CORNER SECTION 14
FND BRASS. CAP IN HAND HOLE
LVI: 09-13-2012

POINT OF COMMENCEMENT

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NORTH
LINE TABLE
LINE [BEARING DISTANCE
3 Li | $46°40'34"W 9,98"
2! L2_] $86°50'06"W 14.91"
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val or le
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5! DOCKET 12519 8
3 PAGE 966 MCR (R)
I. APN: 132-14-007D
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[.33:00' 127.01 (R)
| Ne9°52'20"E 160.01"
ie CURRY RD
ie .,

SOUTH 'vq CORNER SECTION 14
FND ADOT ALUMINUM CAP
LYE: 05-21-2010

SALT RIVER PROJECT
L_IMPROVEMENT & POWER DISTRICT

CASE SURVEY DIVISION

AGRICULTURA\ LAND DEPARTMENT

SRP JOB NUMBER: Ku6-189

SCALE: NTS.

1/0 NUMBER: N/A

_|SHEET: »2 OF 2

C.O. TEMPE H20 TRANS

AGENT: McGUIRE LY

SHEET SIZE: 8.5"x11"

SE 1/4. SECTION 11

DRAWN: GREIFE 7

REVISION: 0

Te1 Ne.» Re4 E.

CHECKED BY: GOREHAM

CREW CHIEF: BUCHMANN

22.75 EAST-4.25 NORTH

DATE: 10-16-2018

FIELD DATE: 02-13-2007

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