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Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDH)
EXEMPT ARS § ll-1134,A2
FCD 1999R016
NON-EXCLUSIVE UTILITY EASEMENT
FCD Project: East Maricopa Floodway Reach 4
FCD Parcel Nos.: M-2165 and M-2155
APNs: 304-60-025, 029, and 015K ptn.
FCD Permit No.: FRU2400405
This Non-Exclusive Utility Easement is entered into by and between the following parties
GRANTOR:
GRANTEE:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
LIGHT SOURCE COMMUNICATIONS, LLC, a Michigan Domestic
Limited Liability Company and/or its successors and assigns
In accordance with GRANTOR'S Board of Directors Resolution 2018RO 13 dated October
24, 2018, for the sum of Five Thousand Nine Hundred One Dollars and no/100 ($5,901.00),
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 fmth in instrnment
numbers 19820195754, recorded June 24, 1982 and 19750156888, recorded July 11, 1975 in the
official records of Maricopa County ("Burdened Property"). The granted easement, described on
the attached Exhibit "A" ("Easement"), is for the purpose of constrncting, operating, repairing,
and maintaining fiber optic conduit and fiber optic line on Flood Control District (FCD) property,
and appmtenances thereto (collectively, the "Facility"), in accordance with FCD Right-of-Way
Use Permit No. FRU2400405 ("FCD Permit").
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.
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121.01.12 M-2165 OG-UE
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This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
have unrestricted access to and use of the Easement for the purpose of operation and maintenance
of the flood control project known as the East Maricopa Floodway Reach 4 (Project). GRANTOR
shall endeavor to use its best efforts to operate and maintain the 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 Burdened Property functioning as a
flood control project.
In the event any use or activity conducted pursuant to the rights granted in this easement
by the GRANTEE interferes with GRANTOR'S use of the Burdened Property or the Burdened
Property is needed to construct, maintain, or relocate any portion of GRANTOR'S Project
(collectively "Interference"), GRANTEE shall, at GRANTOR'S request and GRANTEE'S sole
expense, eliminate the Inte1ference upon notice from the GRANTOR. If elimination of
Interference, including but not limited to the relocation of the Facility, or any part thereof, requires
a right of way use permit, actual construction shall begin within thirty (30) days following
GRANTOR'S issuance of a right-of-way use pennit. Upon mutual agreement, the time frame
for the start and completion of said work may be extended based on the requirements of
GRANTOR. If GRANTEE'S effort to eliminate Interference delays construction by
GRANTOR, and causes GRANTOR to be liable for damages, GRANTEE shall reimburse
GRANTOR for those damages attributable to the delay created by GRANTEE within thirty (30)
days after GRANTEE'S receipt of the GRANTOR'S invoice for said delay.
The GRANTEE shall, at its sole cost and expense, maintain the Easement, and
GRANTEE'S Facility located within the Easement, in a state of good repair and in a safe
condition, including without limitation the removal of trash and debris from the Easement. The
rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now
growing, or that may hereafter grow, within the Easement, or that may extend over the Easement,
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
installation or modification whatsoever to the Easement, the Facility, or any appurtenance of
GRANTEE located therein, that is not in compliance with said FCD Pe1mit, will require
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121.01.12 M-2165 OG-UE
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 shall 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.
In the event GRANTEE fails to install the Facility within the Easement, 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 ptivileges granted in this Easement are solely for GRANTEE to use the
Easement for the purpose stated herein, and do not include the right to permit and/or grant any other
use of the Easement to another paity.
This Easement shall rnn with the land and is binding on all parties.
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121.01.12 M-2165 OG-UE
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RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
, □ocuSlgned by:
Li':s~=S~Be...
1/23/2025
Paul Baughman, P.E., CFM
Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
l-DocuSlgned by:
~
6 ...
1/23/2025
Alex Smith
Date
Director
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
c~;·::. /,,,,yi.,,JJ;
3EJ8A101438004B6 ...
1/22/2025
District General Counsel
Date
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121.01.12 M-2165 OG-UE
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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: -------------
STA TE 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 instrnment 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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121.01.12_M-2165_ OG-UE
GRANTEE ACCEPTANCE AND APPROVAL:
LIGHT SOURCE COMMUNICATIONS LLC, a Michigan Domestic Limited Liability
Company and/or its successors and assigns
1/21/2025
Daniel Enright,
Chief Operating Officer
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this 21 st day of January,
2025, by Daniel Enright, Chief Operating Officer for Light Source Communications LLC a
Michigan Domestic Limited Liability Company and/or its successors and assigns.
MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 2027
Notary Stamp Seal
Notary Public (signature)
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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GLEZ Designs
3001 W. Lincoln St
Phoenix, N. 85009
623-444-7805
Exhibit "A" - Easement
Attached to Non-exclusive Utility Easement
March 21, 2024
Job# D240024
Page 1 of 2
See Exhibit 'W'
Parcel Description
LSC East Ring Segment 21
Proposed Fiber Optic Easement
A6.00 foot wide Easement for a fiber optic line being bound as follows:
Description:
A Parcel of land lying in the north half of section 11, Township 2 South, Range 6 East, Gila & Sall River Base Line &
Meridian, Maricopa County, more particularly described as follows:
COMMENCING at the north quat1er corner of said Section 11, being a rebarw/cap, from which the northeast
corner of said section, a brass cap, bears South 88"29'56" East (basis of bearing). a distance of 2621.65 feet;
Thence along the North Une of said section, South 88°29'56" East, a distance of 178.43 feet (L 1), to a point along
the easterly line of the Flood Control District of Maricopa County;
Thence leaving said North line of said section 11, continuing along said Easterly line of the Flood Control District of
Maricopa County, South 62°23'46"West, a distance of 147.73 feet (L2), said point also being the POINT OF
BEGINNING;
Thence leaving said Easterly line of the Flood Control District of Maricopa County, South 89°58'25"West, a
distance of 643.58 feet (L3), to a point of curve of a non-tangent curve to the left, of which the radius point Ues
30°43'39", a radial distance of 655.00 feet, said point also being a point on the Westerly line of said Flood Control
District of Maricopa County, and Easterly line of the Roosevelt Water Conservation District;
Thence along said Westerly line of the Flood Control District of Maricopa County, and Easterly Une of the Roosevelt
Water Conservation District, southwesterly along the arc, th rough a central angle of 1 ° 00'56" a di stance of 11.61
feet (C1);
Thence leaving said Westerly line of Flood Control District of Maricopa County, and said Easterly line of the
Roosevelt Water Conservation District, North 89°58'25" East, a distance of 642.18 (L4), to a point along said
Easterly line of the Flood Control District of Maricopa County;
Thence along said Easterly line of the Flood Control District of Maricopa County, Notlh 62°23'46" East, a distance
of 12.91 feet (LS), returning to said Point of Beginning;
Described parcel contains an area of 3,857 square feet or 0.0886 acres of land, more or less.
SubJect to existing rights-of-way and easements.
This parcel description is based on the Final Plat for Coronado Ranch Parcel 7B recorded in Book 526, Page 11,
M.C.R., the FinalPlatfor Power Ranch Neighborhood 6 Phase 3A recorded in Book 653, Page 3, Roosevelt water
Conservation District Alignment & Rights of Wsyof Main Canal recorded fn Book 164, Page 46, and other client
provided information.
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Exhibit "A" - continued
Attached to Non-exclusive Utility Easement
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