Easement

WHEN RECORDED MAIL TO:

SALT RIVER PROJECT
Land Department/PAB10W
P. O. Box 52025

Phoenix, Arizona 85072-2025

AFFIDAVIT EXEMPT PURSUANT TO
ARS. §§ 11-1134(A)(2) and (A)G)

UNDERGROUND HIGH VOLTAGE POWER EASEMENT

Maricopa County R/Wi: 3406 Agt: MEM/CME
Section 07, T02S, ROSE Job; LJ88444
W: JVM C: MEM

City of Chandler, an Arizona municipal corporation,

hereinafter called “Grantor”, for and in consideration of the sum of One Dollar, and other valuable
consideration, receipt of which is hereby acknowledged, does hereby grant and convey to SALT RIVER
PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural
improvement district organized and existing under the laws of the State of Arizona, and its successors
and assigns, hereinafter called “Grantee”, for use by Grantee and Grantec’s agents, employees,
contractors, co-owners, participants, and permittees, an easement in, upon, over, under, across, through
and along the lands hereinafter described (such lands hereinafter described being sometimes referred to
herein as the “Easement Parcel” defined below), to construct, install, reconstruct, replace, remove, repair,
operate and maintain underground conduits, conductors, pipes, cables, wires, fiber optic, concrete
encasement, vaults, pads, switching equipment, enclosures, manholes and transformers and all other
appliances, appurtenances and fixtures for the transmission and distribution of electricity,
communication signals and data and for all other purposes connected therewith (collectively “Facilities”)
at such locations and elevations, in, upon, over, under, across and along the Easement Parcel, as Grantee
may now or hereafter deem convenient or necessary from time to time, together with the right of ingress
and egress to, from, across and along the Easement Parcel,

The lands in, upon, over, under, across, through and along which this casement is granted are
situated in the County of Maricopa, State of Arizona, and are more particularly described as:

Easement Parcel:
See Exhibit A attached hereto and made a part hereof.
CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical
equipment. Notice is hereby given that the location of underground electrical conductors or facilities

must be verified as required by Arizona Revised Statutes, Section 40-360.21, et. seq., Arizona Blue
Stake Law, prior to any excavation.

Grantor and Grantee agree that this Underground Power Easement shall be governed by the
following terms and conditions:

1. Grantor shall maintain a Grantee approval area that consists of the portion of the subsurface
of the Easement Parcel beginning at the bottom limit of the aggregate base course (ABC) for the road
pavement, not to exceed twenty inches (20") below ground level, and ending at two feet (2°) below the
lowest point of the Facilities (the “Grantee Approval Area”). Grantor shall not, whether directly or indirectly
through the granting of permission, install improvements or perform any other construction activities within
the Grantee Approval Area without Grantee’s prior written consent, which will not be unreasonably
withheld, conditioned or delayed. Without limiting Grantee’s consent rights hereunder, it shall be deemed
reasonable for Grantee to withhold such consent if the proposed improvements or construction activities
(A) are within the (vo-foot area located above or below of the Facilities, (B) are not installed perpendicular
to the Facilities, or (C) are installed within sixty feet of the splice vaults. Grantor shall provide, or require
applicant to provide, Grantee with the following minimum information to allow Grantee to review any
proposed utility crossings within the Grantee Approval Area: (I) type of utility, (U) size and planned
minimum depth of the proposed utility, (V) pipe and conduit material, (W) whether the proposed utility is
a heat generating facility, (X) pressure of the proposed utility, (Y) the construction methodology, and (Z)
location of crossing. Notwithstanding the foregoing, Grantor may perform, or authorize other public utilities
to perform soft digging within the Grantee Approval Area for the purpose of locating the Facilities, provided
that a representative of Grantee is on-site for such soft digging.

2. Except as expressly set forth herein, Grantor shall not construct, install or place, or permit
to be constructed, installed or placed any building or other structure, plant any additional trees, drill any
well, store materials of any kind, or alter ground level by cut or fill, to a depth not to exceed cight inches
above or below existing grade, within the area of the Easement Parcel. Any landscape restoration
associated with the Installation Work shall not include any trees or any other improvements which violate
the provisions of this paragraph.

3. Subject to the provisions set forth herein, Grantor reserves the right to use and occupy the
Easement Parcel for any purpose consistent with the rights and privileges herein granted and which will not
interfere with or endanger any of the Facilities or the use thereof. Grantor and Grantee acknowledge that
the Facilities shail be installed within Grantor’s existing right-of-way and, in some instances, at the option
and discretion of Grantee, may cross over other existing utilities, including but not limited to existing utilities
of Grantor located within the Grantee Approval Area, as described and depicted in the Relocation Plans, or
as otherwise approved by Grantee in accordance with the requirements of paragraph | of this instrument
(‘Authorized Utilities”), Notwithstanding Grantee’s rights within the Grantee Approval Area, Grantor may
perform, or may authorize a public utility to perform, construction and maintenance activities on the
Authorized Utilities within the Grantee Approval Area, provided that all such construction or maintenance
activities comply with all the requirements set forth in this paragraph. The following requirements shall
apply to construction and maintenance activities within the Grantee Approval Area: (a) no construction or
maintenance activities shall be performed within (i) the five-foot area horizontally adjacent to, (ii) the two-
foot area above, (iii) the t(wo-foot area below, or (iv) the area between the concrete encasements in which
the duct banks are located, (b) any thermal backfill disturbed by construction or maintenance activities shall
be replaced with Grantee approved thermal vated backfill, and (c) Grantor shall provide prior notification
{o, and coordination with Grantee before undertaking or authorizing, as applicable, any construction or
maintenance activities within the Grantee Approval Area. Prior to authorizing any third party to conduct
work within the Grantee Approval Area, Grantor shall obtain such patty’s agreement to comply with the
above requirements. Grantor further agrees that Grantor shall not (y) install, or authorize the installation of,
any utilities within the Easement Area parallel to the Facilities, or (z) perform or authorize construction or
maintenance activities within the Easement Acca that adversely impact the Facilities or Grantee’s access
thereto,

4. Grantee shall have the right (but not the obligation) fo trim, cut and clear away trees, brush
or other vegetation on the Easement Parcel whenever in its judgment the same shall be necessary for the
convenient and safe exercise of the rights herein granted.

5. Any and all Grantee construction activities within the Continnum Street right-of-way will
comply with City of Chandler ordinances, rules and regulations pertaining to the conduct of construction
activities within City right-of-way, to the extent applicable, After the construction and installation of the
Facilities within the Easement Parcel, the City of Chandler will issue a blanket annual City Authorization
for all Grantee maintenance activities within the Easement Parcel. If there is a conflict between this
Underground Power Easement (including, without limitation, the right to access the Facilities) and any
pecmit or other City Authorization issued after construction with respect to the Facilities or the Basement
Parcel, the terms and provisions of this Underground Power Easement will control, provided, however, that
Grantee shall not allow other parties to use the Easement Parcel for the installation of additional Facilities
for such other patties’ use, whether jointly or separately from Grantee, unless such other parties comply
with applicable City ordinances and permit and/or licensing requirements. “City Authorization” means any
instrument, whether denominated as a permit, a license, or otherwise, by which the City authorizes a person
or entity to use the City right-of-way.

6, Grantee will be responsible (at Grantee’s sole cost and expense) for maintaining and
repairing the Facilities ina good, safe, clean, and commercially reasonable condition and in accordance with
all applicable laws. Grantee agrees not to unreasonably disturb Grantor’s use of the Easement Parcel during
any such maintenance or repairs. In connection with any work performed by or on behalf of Grantee under
this Easement, Grantee agrees (at Grantee’s sole cost and expense) (i) to repair or replace any damaged
Grantor improvements located within the Easement Parcel, including, without limitation, pavement,
sidewalks, and landscaping (softscape and hardscape) in a commercially reasonable manner, and (Zi) to
perform all such work fiee and clear of any mechanics’ or materialmen’s liens.

7. The easement and other rights granted to Grantee hereunder, shall be perpetual, and shall
not terminate until, and unless abandoned through the recordation of a document executed and
acknowledged by Grantee specifically terminating this instrument. Upon such recordation, all Grantee's
rights hereunder shall cease, except the right to remove any and all property placed upon the Easement
Parcel within a reasonable time subsequent to such termination. To induce Grantee to accept this instrument
and the easement granted herein for the installation of the Facilities, Grantor warrants that this instrument
creates a permanent easement for the construction, installation, reconstruction, replacement, removal, repair,
operation, and maintenance of the Facilities. If Grantor requires Grantee to relocate or modify the Facilities,
Grantor will (i) pay and/or reimburse Grantee any and all costs incurred for such relocation or modification
and (ii) provide a reasonable nev location for the Facilities, and easement rights therefor, that meets the
standards set forth in this instrument. Notwithstanding anything in this instrument, or laws, statutes,
ordinances, rules, or regulations to the contrary, the City of Chandler, or any successor in interest, inchiding
without limitation any subsequent “Grantor” under this instrument, shall allow Grantee to abandon the
Facilities in place within the Easement Patcel, and not requite their removal. Grantor acknowledges that the
Facilities arc being located within public right-of-way at the request of Grantor, and that Grantee materially
relied on the provisions of this paragraph in agreeing to Grantor’s request. Grantee acknowledges that
Grantor relocated its facilities to pass underneath Grantee’s Facilities at the request and direction of Grantee.

8. The benefits and burdens, and the covenants and agreements herein set forth shal! run
with and burden the land and shall extend and inure in favor and to the benefit of, and shall be binding
on Grantor and Grantee and 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.

9. The provisions of this Underground Power Easement are not intended to and do not
constitute a grant, dedication, or conveyance for public use of the Easement Parcel. The rights herein created
are private and for the benefit only of Grantor and Grantee and their successors and assigns.

10,‘ The rights and remedies hereunder are cumulative, and the exercise of any one or more
of such rights or remedies shall not preclude the exercise, at the same or different times, of any other
right or remedy available.

[Signatures appear on following page]

Signature Page LJ88444 CoC UG High Voltage Power Easement

IN WITNESS WHEREOF, City of Chandler, an Arizona municipal corporation has caused its

name to be executed by its duly authorized representative(s), this day of 520.
City of Chandler
an Arizona municipal corporation
ATTEST:
By:
Clerk Kevin Hartke, Mayor
APPROVED AS TO FORM:
City Attorney
STATE OF ARIZONA )
) ss
County of Maricopa )
The foregoing instrument was acknowledged before me this day of

20___, by Kevin Hartke, Mayor of the City of Chandler, an Arizona municipal corporation, on 1 behalf
of such corporation.

Notary Public
My commission expires:

Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required
under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections
14-1134(A)(2) and (A)@).

EXHIBIT A
Legal Description of Easement Parcel

[consisting of 3 pages]

EXHIBIT “A”

SRP JOB NUMBER: 13428176 DATE: 12-05-2023
SRP JOB NAME: MERLE-SCHRADER 69KV UG LOOP-IN PAGE: 1 OF 3
TTRRSS: 2S5£07

AN EASEMENT LOCATED JN THE NORTHWEST QUARTER OF SECTION 07, TOWNSHIP 2. SOUTH, RANGE 5
EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 07, BEING A CHISELED CROSS,
FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 07, BEING A BRASS CAP FLUSH, BEARS
SOUTH 88 DEGREES 48 MINUTES 03 SECONDS WEST, A DISTANCE OF 2650.60 FEET (BASIS OF
BEARINGS);

THENCE SOUTH 29 DEGREES 32 MINUTES 12 SECONDS WEST, A DISTANCE OF 1949.75 FEET TO THE
NORTH RIGHT OF WAY LINE OF CONTINUUM STREET AND THE POINT OF BEGINNING;

THENCE SOUTH 00 DEGREES 00 MINUTES 01 SECONDS WEST, A DISTANCE OF 90,00 FEET TO THE SOUTH
RIGHT OF WAY LINE OF CONTINUUM STREET;

THENCE ALONG SAID SOUTH RIGHT OF WAY LINE SOUTH 89 DEGREES 18 MINUTES 22 SECONDS WEST, A
DISTANCE OF 44.00 FEET; ;

‘THENCE NORTH 00 DEGREES GO MINUTES 04 SECONDS WEST, A DISTANCE OF 90.00 FEET TO SAID
NORTH RIGHT OF WAY LINE;

THENCE ALONG SAID NORTH RIGHT OF WAY LINE NORTH 89 DEGREES 18 MINUTES 22 SECONDS EAST, A
DISTANCE OF 44.00 FEET TO SAID POINT OF BEGINNING.

SAID EASEMENT CONTAINS AN AREA OF 3,960 SQUARE FEET OR 0.091 ACRES, MORE OR LESS.

END OF DESCRIPTION

CLAYTON
HOWARD

GERVARN RO

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VICINITY MAP (W.T.S.)
TeS RSE
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CAUTION

TRE EASEMENT LOCATION AS HEREON
DELINEATED VAY CONTAIN ItIGH
VOLTAGE ELECTRICAL EQUIPHERT.
NOTICE fS HEREBY GIVEN THAT THE
LOCATION OF UNDERGROUKD
ELECTRICAL CONDUCTORS OR
FACILITIES MUST BE VERIFIED AS
REQUIREO BY ARIZONA REVISED
STATUTES, SECTION 40~380.2i, ET.
SEQ. ARIZONA BLUE STAKE
LAW, PRIOR TO ANY EXCAVATION,

NOTES

THIS EXHIBIT IS JNFEXDED TO
ACCOMPANY AN EASEMENT. ALL
PARCELS SHOd WERE PLOTTED
FAQM RECORO 1NFORMATION: AND
NO ATTEMPT HAS BEEN WADE 10
VERIFY THE LOCATION OF ANY
BOUNDARIES SHOW. THIS 1S NOT
AN ARIZONA BOUNDARY SURVEY.

EXHIBIT “A”
LEGEND

ZZZ7774

ABBREVIATION TABLE

ASSESSOR'S PARCEL NUMSER
BRASS CAP FLUSH

MARICOPA COUNTY RECORDER
MEASURED

LAST VISUAL [INSPECTION
NOT TO SCALE

POINT OF BEGENNIKG

POJRT GF COMVENCEMENT

SECTION AND CENTERLINE
PROPERTY LINE

EASEMENT AREA

TIE LINE

SECTION CORNER AS KOTED

CLAYTON
HOWARD

BASIS OF BEARINGS;
THE ARIZONA STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE. NAO 83 DATUM.

SALT RIVER PROJECT

AGRICULTURAL FMPROVEVEHT & POKER DISTRICT

cCasery SURVEY DIVISION
LAND DEPARTMENT

SAP _LOWR NUVOER: RA

SCALE: NTS

1.0. NUMBER? 13428176

SHEET: 2 GF 3

MERLE SCHRADER

AGENT: BOCKWANN

ALL ELECTRIC LIKES SKOEN
ARE WEASURED TO THE WINDO
OF THE EQUIPKENT PAD
UNLESS OTHERWISE NOTED.

SHEET SIZE: B.5*xt1"

69KV UG LOOP-IN

ORAWN: MALEK

REVISION: 0

NW 174, SECION O07

CHECKED BY:

HOWARD

CREW CHIEF: MCCAFFERY

Ta2 Sia R.7 E,

DATE: 12-05-2023

FIELD DATE: 04-10-2023

7.3 SOUTH ~ 24.3 EAST

e wee eee ee —

NORTHWEST CORNER
OF SECTION 7
FOUND BCF

L¥I: 03-27-2019

LINE TABLE J
LINE [BEARING | DISTANCE
L1_| Soo*oa' ot7¥ | 90,00"
L2_|sag-ta"22"" [44,007
u3_[ woo"00"OI"H [90.007
14_| nage1g"22%€ [44,007

EXHIBIT

$88°48'03"# 2650.60" (M)
{BASIS OF BEARINGS}
GERWARN ROAD

a “
A

,

/ WORTH QUARTER CORNER
OF SECTION 7
FOUND CHISELED CROSS
LVI; 02-18-2019
Por

NORTH

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continue stater 3A

SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT & POWER DISTRICT

EASEVENT AREA:
31960 SQ. FT.
0.031 ACRES

CSS8F9 SURVEY DIVISION
COUP

LAND DEPARTMENT

SAP LOHR NUMBER: Na SCALE: _NTS
1.0. NUMBER: 73428176 SHEET: 3 OF 3 MERLE SCHRADER
AGENT: BOCKMANS SHEET SIZE: 8.5°xI1" 69KV UG LOOP—IN
DRAW: MALEK REVISTON: 0 NW 174s SECION 07
CHECKED BY: RORARD CREW CHIEF: NCCAFFERY 1.2 Sis Re? E.

DATE: 12-05-2023 FIELD DATE: 04-10-2023 7.3 SOUTH - 24.3 EAST