Extracted text (via ocr_local)
15639 characters
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: Rittenhouse Road Drain
FCD Parcel Nos.: RR-03 and 9907-023
Portion of APNs: 304-60-001J and 304-60-975
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 EIGHT THOUSAND NINE HUNDRED FORTY-SIX
DOLLARS and no/100 ($8,946.00), 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 19950709200 recorded November 17, 1995 and in instrument number
2002004038 recorded January 14, 2002 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 Exhibit “A” (“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 necessary from time to time,
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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
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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
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480.01.12_RR-03_AE
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
DocuSigned by:
Scott Vogl 9/19/2023
Scott Vogel Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
‘DocuSigned by:
(- < 9/19/2023
F0612R0D585D4CC.
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:
Ce Puck 9/19/2023
6.
Wayne Peck Date
District General Counsel
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480.01.12_RR-03_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)
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480.01.12_RR-03_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:
Matt Strepur 9/1/2023
340DE6B7E7.
” wie 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.
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 Aerial Easement
October 17, 2008
Page 1 of 1
EXHIBIT A
Legal Description
42? SRP Aerial Easement for SRP JOB # XA3-3760
APN 304-60-001-J
A parcel of land located in the Northeast Quarter of Section 1, Township 2 South, Range 6 East
of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as
follows:
Commencing at the Noitheast Corner of said Section 1, a Maricopa County Aluminum Cap, ,
whence the East Quarter Comer of said Section 1, a Maricopa County Department of
Transportation Brass Cap in a handhole, bears $ 00° 51' 57" E, a distance of 2628.45 feet;
THENCE along the East line of said Section 1, S 00° 51'57" E, a distance of 1076.83 feet;
THENCE leaving said East line, S 89° 08' 03" W, a distance of 163.73 feet to the TRUE
POINT OF BEGINNING;
THENCE § 36° 23' 07" W, a distance of 122.00 feet;
THENCE N 53° 37' 39" W, a distance of 42.00 feet;
THENCE N 36° 23' 07" E, a distance of 122.00 feet;
THENCE S 53° 37 39" E, a distance of 42.00 feet to the TRUE POINT OF BEGINNING.
Containing 5,124 sq. ft. (0.12 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.
Expires 06-30-10
R:\Phoenix\Projects\AZE0703 H-R-WER\Sutvey\legals\30460001J-SRP-ABRIAL.doc
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480.01.12_RR-03_AE
Exhi
bit “A” - continued
Attached to Aerial Easement
PECOS ROAD (ALIGNMENT)--—
\" $89°21' 50 W 2637.28" nity
Wt
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. 30’ SRP AERIAL EASEMENT —-thi-=—
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PROPOSED GAS
LINE EASEMENT
EAST 1/4 CORNER
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NORTHEAST CORNER
SECTION 1, T2S, R6E
GENERAL LAND OFFICE
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BRASS CAP
SECTION
LINE
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42' SRP AERIAL EASEMENT
AS WMA (5,124 S.F./ 0.12 AC.)
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50’ GAS LINE
EASEMENT PER DOC.
NO, 04—-1453539
M.C.R.
SRP_JOB# XA3—3760
SRP. EASEMENT EXHIBIT
(FCDMC)
AZTEC ENGINEERING
5} 4561 E. HeDowell Rd, Phoertx, AZ 85008
Te602454-0402 Fax(602)454-0403
website: wwwaztecus
SECTION 1, T2S, R6E = a
MARICOPA COUNTY DEPT. oe ETISOE fe SHEET a
OF TRANSPORTATION
BRASS CAP IN HANDHOLE SCALE: N.T.S. 1 2
BAPhoeniePropecesNhleo70a TRUE R\Survey WO7OSTENGWG\a0sOO0DII-SKP-C RTO
Page 8 of 12
480.01.12_RR-03_AE
Exhibit “A” - continued
Attached to Aerial Easement
LINE TABLE
LINE BEARING DISTANCE
Li $89°08'03"W| 163.73
. L2 $36'23'07"W 122.00
y 42’ SRP AERIAL EASEMENT L3 N53°37'39"W 42.00
WM (5,124 S.F./ 0.12 AC.) ° L4 N36°23'07"E 422,00
LES) $53°37'39"E 42.00
ae GAS LINE EASEMENT
SOK, PER DOC. NO.
& 04-1453539 M.C.R.
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XA
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TPOB 42’ SRP
AERIAL EASEMENT
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ty ™~
SRP_JOB# XA3~—3760
SRP. EASEMENT EXHIBIT
(FCDMC)
85008
‘el(602454-0402 Fox(602)454-0403
website: wwwoztecus
SCALE: N.T.S. 2 2
RAPharrix\Pro jects \AZe0703 TERRACE ERR
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480.01.12_RR-03_AE
Exhibit “A” - Continued
Attached to Aerial Easement
October 17, 2008
Page 1 of 1
EXHIBIT A
Legal Description
42? SRP Aerial Easement for SRP JOB # XA3-3760
APN 304-60-975
A patcel of land located in the Northeast Quarter of Section 1, Township 2 South, Range 6 East
of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as
follows:
Commencing at the Northeast Corner of said Section 1, a Maricopa County Aluminum Cap,
whence the East Quarter Corner of said Section 1, a Maricopa County Department of
Transportation Brass Cap in a handhole, bears S 00° 51' 57" E, a distance of 2628.45 feet;
THENCE along the East line of said Section 1, S 00° 51'57" E, a distance of 1060.91 feet;
THENCE leaving said East line, S 89° 08' 03" W, a distance of 151.62 feet to the TRUE
POINT OF BEGINNING;
THENCE § 36° 23' 07" W, a distance of 20.00 feet;
THENCE N 53° 37' 39" W, a distance of 42.00 feet;
THENCE N 36° 23' 07" E, a distance of 20.00 feet;
THENCE S 53° 37' 39" E, a distance of 42.00 feet to. the TRUE POINT OF BEGINNING.
Containing 840 sq. ft. (0.02 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.
Expires 06-30-10
R:\Phoenix\Projects\AZE0703 H-R-WFR\Survey\legals\30460975-SRP-AERIAL.doo
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480.01.12_RR-03_AE
Exhibit “A” - Continued
Attached to Aerial Easement
PECOS ROAD (ALIGNMENT)— ;
Sao 2T50'W 2637.28" {i{] NORTHEAST CORNER
Wh y SECTION 1, 12S, R6E
iit GENERAL LAND OFFICE
Wh BRASS CAP
yl
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it SECTION
30’ SRP AERIAL EASEMENT —=| a Yo LINE
Wh
my
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10’ SRP LAND EASEMENT iw io, an’
Y 2’ SRP AERIAL EASEMENT
Ww de Wid (840 S.F./ 0.02 AC.)
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50’ GAS LINE
EASEMENT PER DOC.
NO. 04~-1453539
M.C.R.
SRP_JOB# XA3—3760
S.R.P. EASEMENT EXHIBIT
(FCDMC)
AZTEC ENGINEERING.
561 E, Kellovell Rd, Phoerix, AZ 8508
S
Ss;
EAST 1/4 CORNER
SECTION 1, T2S, R6E
MARICOPA COUNTY DEPT.
OF TRANSPORTATION
BRASS CAP IN HANDHOLE
Page 11 of 12
2
NPhorix\Projecte\AlEO703 CET TMNT
e602)454-0402 — Fax(602454-0403
website: wwaztecus
DR: JHN CK SHEET | TOTAL
DATE: 6-77-08 NO. [SHEETS
SCALE: N.T.S. 1
480.01.12_RR-03_AE
Exhibit “A” - Continued
Attached to Aerial Easement
LINE TABLE
LINE BEARING DISTANCE
u $89°08’03"W 151.62
L2 $36'23'07"W 20.00
y 42’ SRP AERIAL EASEMENT L3 N53'37'39"W 42.00
Wild (B40 S.F./ 0.02 AC.) L4 NSS 25 OTE 20.00
LS $53'37'39"E 42.00
aN,
GAS LINE EASEMENT
PER DOC. NO.
04—1453539 M.C.R.
<
“XN
TPOB 42’ SRP
AERIAL EASEMENT
SRP JOB# XA3—3760
SRP. EASEMENT EXHIBIT
(FCDMC)
AZTEC ENGINEERING
4561 E XcDowell Rd, Phoerlx,
Tel602454-0402 PeaOer 3
website: wnraztecus
EXPIRES N6-30- 10 SHEET] TOTAL,
NO. |SHEETS
2) 2
Br oenuvProjectNAleoTGs N-R-WFRVGur vey OVO dng vd0160978-SRP-E kr deg)
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480.01.12_RR-03_AE