A1. NON-EXCLUSIVE UTILITY EASEMENT.PDF
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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: Triloy Wash Detention and
Floodway
ECD Parcel No.: TW-43C; TW-44C; TW-44F
APN: 503-97-001B; 503-69-016; 503-69-019
FCD Permit No.: 2021P276
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: ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation,
and/or its successors and assigns
In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for and in consideration of the sum of Ten Dollars and 00/100 ($10.00), 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
(“Easement”) in, upon, over, under, across, through and along the premises described in the
attached Exhibit “A” (“Easement Property”) for the purpose of constructing, operating, repairing
and maintaining a 12 kV transmission line for both above and below ground and appurtenances
thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No.
2021P276 (“FCD Permit”).
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Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural 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 Easement 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 Facility 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 Easement Property, GRANTEE shall,
at GRANTOR’S request, and at GRANTEL’S sole expense, eliminate the interference within
thirty (30) days of notice from the GRANTOR.
In the event the land within the Easement Property is needed to construct, maintain, or
relocate any portion of GRANTOR?’S flood control project and/or structure, and upon written
notification by GRANTOR, GRANTEE shall coordinate the removal or relocation of the
Facility through GRANTOR’S right-of-way use permit process comprising review and
approval of GRANTEE’S design, construction plan, and contractor selection. Actual
construction to remove or relocate such conflicting Facility, or portion(s) thereof, shall begin
within thirty (30) days following GRANTOR’S issuance of a right-of-way use permit for such
removal/relocation. Upon mutual agreement, the time frame for the start and completion of said
work may be extended based on the requirements of the flood control project. If GRANTEE’S
relocation effort has not been completed within the mutually agreed time frame and causes
GRANTOR to be liable for delay damages, GRANTEE shall reimburse GRANTOR for
reasonable damages directly caused by the delay Reimbursement shall be made within sixty (60)
days after GRANTEE’S receipt of proof of GRANTOR’S reasonable evidence of a third
party’s enforcement of a contractual penalty for said delay.
The GRANTEE shall also, at its sole cost and expense, maintain the Easement Property,
and GRANTEE’S Facility located within the Easement Property, in a state of good repair and in
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asafe condition. 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, on the Easement
Property, or that may extend over the Easement Property, so as to protect the same from interfering
with the maintenance and operation of GRANTEE’S Facility. After the installation of
GRANTEE’S Facility in accordance with said FCD Permit, any modification whatsoever to the
Easement Property, the Facility, or any appurtenance of GRANTEE located therein, 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.
GRANTEE agrees to indemnify GRANTOR for any and all damages and costs, including
without limitation, reasonable attorney's fees, court costs, and all other expenses relating to the
defense of claims or litigation, caused by or arising from the exercise of GRANTEE’S rights
pursuant to the terms of this Easement, excepting therefrom any such injury, damage or costs
caused by or arising solely from the gross negligence, or actions that are purposeful or undertaken
without regard to the consequences, by the GRANTOR, its officers, employees, agents or
contractors.
In the event GRANTEE fails to install the Facility within the Easement Property, or in the
event GRANTEE removes the Facility, or in the event the Facility ceases to function, or in the
event of any other event giving evidence to GRANTOR that the GRANTEE has abandoned the
use of this Easement, then and in such event, GRANTOR shall notify GRANTEE, in writing,
that GRANTOR considers that the Easement has been abandoned. In such event, GRANTEE
shall provide confirmation to GRANTOR that the Easement has been abandoned, or in the event
GRANTEE shall fail to reply that there has been no intent to abandon the Easement within thirty
(30) days of receipt of the aforesaid notice from the GRANTOR, this Easement shall be deemed
to be abandoned and GRANTOR shall be permitted to record a termination of this Easement in
the public records of Maricopa County. Unless and until such termination is recorded by
GRANTOR, this Easement shall remain in full force and effect.
The rights and privileges granted in this Easement are solely for the benefit of GRANTEE
to use the Easement Property for the purpose stated herein, and do not include the right to permit
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and/or grant any other use of the Easement Property to another party. This Easement shall run with
the land and is binding on all parties.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
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204.01.12_ TW43C_UE_2021P276
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
DocuSigned by:
Midvacl Fulton 7/27/2023
Michael A. Fulton Date
Director
MARICOPA COUNTY REAL ESTATE DEPARTMENT:
DosuSigned by:
=a 7/27/2023
Alex Smith Date
Director
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
BosuSigned by:
Woujns Puck 7/27/2023
Wayne Peck Date
District General Counsel
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204.01.12_ TW43C_UE_2021P276
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. 202__.
Notary Public (signature)
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204,.01.12. TW43C_UE_2021P276
GRANTEE ACCEPTANCE AND APPROVAL:
ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, and/or its successors and
assigns.
py (ol Bonmgaralt
CART.
Name: Paul J. Baumgardt
Its: Land Services Supervisor
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this 27" day of July, 2023 by Paul J.
Baumgardt, its Land Services Supervisor of Arizona Public Service Company, an Arizona
corporation, and/or its successors and assigns on behalf of the GRANTEE,
DocuSigned by:
485.
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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204.01.12_TW43C_UE_ 20212276
Exhibit “A” - Easement
Attached to Non-Exclusive Utility Easement
June 12, 2023
EXHIBIT “A”
ARIZONA PUBLIC SERVICE JOB #WVE017328
An Area of Land situated within the Southwest quarter of Section 9 and the Northwest quarter of
Section 16, Township 4 North, Range 1 West of the Gila and Salt River Meridian, Maricopa
County, Arizona, more particularly described as follows:
COMMENCING at the Southwest corner of Section 9, from which the West quarter corner of
said Section 9 bears North 00 degrees 08 minutes 14 seconds West, a distance of 2646.63 feet,
and also from which the South quarter corner of said Section 9 bears South 89 degrees 54
minutes 09 seconds East, a distance of 2627.44 feet;
THENCE South 89 degrees 54 minutes 09 seconds East, along the South line of the Southwest
quarter of said Section 9, a distance of 20.50 feet to the POINT OF BEGINNING;
THENCE North 00 degrees 08 minutes 14 seconds West, a distance of 1739.33 feet to a point
on the Northerly boundary line of that parcel owned in fee by Flood Control District of Maricopa
County and as described in Doc. No. 1993-0424821, M.C.R.;
THENCE North 83 degrees 16 minutes 58 seconds East, along said Northerly boundary line, a
distance of 29.96 feet;
THENCE South 00 degrees 08 minutes 14 seconds East, a distance of 213,26 feet;
THENCE South 89 degrees 51 minutes 46 seconds West, a distance of 14.77 feet;
TEHNCE South 00 degrees 08 minutes 14 seconds East, a distance of 1529.56 feet to a point
on the South line of the Southwest quarter of Section 9;
THENCE continuing South 00 degrees 08 minutes 14 Seconds East, a distance of 193.95 feet
to the Southerly boundary of that parcel owned in fee by Flood Control District of Maricopa
County and as described in Doc. No. 1990-0207836, M.C.R.;
THENCE South 74 degrees 15 minutes 09 seconds West, along said Southerly boundary, a
distance of 15.56 feet;
THENCE departing said Southerly boundary, North 00 degrees 08 minutes 14 seconds West, a
distance of 198.20 feet to the POINT OF BEGINNING.
Containing an area of 32155.35 square feet or 0.74 acres, more or less.
SHEET 1 OF 5
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Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement
SURVEYORS NOTES:
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Exhibit “A” -
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Attached to Non-Exclusive Utility Easement
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204.01.12, TW43C_UE_2021P276
Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement
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Exhibit “A” - continued
Attached to Non-Exclusive Utility Easement
LINE TABLE
LINE BEARING DISTANCE
LI | NOO*O8'14"'W | 204.0)!
L2 | 589°S4'O9"E | 20,50!
LS | NOO"O8'I4"W | 1759.22!
L4 N&S"16'S8"'E 29.96"
LS | SOO'OS'NA"E | 215.26!
Lé | S89°SI'46"'W |4.77'
L7 | SOO°OS8'I4"E | 1529.56!
L8& | S00°O8'14"E | 192,.95'
L9 | S74°IS'O9 'W 1S,56'
LIO | NOO*O8'14''W | 198.20'
LIL | S747 1B'Oa"w 2|,29"
LIZ | N&BB"16'S8rEe 20.64'
LEGEN?
EASEMENT AREA * PROPERTY
—-— MONUMENT LINE CORNER :
—--— PROPERTY LINE @ MONUMENT
Maps | sear
JOB% WEOI7228 VATE: 06.12.2025
OW 174 SEC O9 TO4N ROW
NWI/ 4 SEC 16 TO4N ROW
SCALE: N/A [INPEX:
R/W: ROGER WATKINS
SURVEY:
BY: RICHARDS | AEET S OF &
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