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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 l 999R0 16
NON-EXCLUSIVE UTILITY EASEMENT
FCD Project: East Maricopa Floodway Reach 5
FCD Parcel No.: N-2269-01
APN: 304-l 7-014E ptn.
FCD Permit No.: FRU2400415
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 Three Thousand Seven Hundred Ninety-Seven Dollars and no/100
($3,797.00), 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
instmment number 19820207616, recorded July 02, 1982 in the official records of Maricopa
County ("Burdened Property"). The granted easement, described on the attached Exhibit "A"
("Easement"), is for the pmpose of constmcting, operating, repairing, and maintaining fiber optic
conduit and fiber optic line on Flood Control District (FCD) property, and appmienances thereto
(collectively, the "Facility"), in accordance with FCD Right-of-Way Use Permit No.
FRU2400415 ("FCD Pe1mit").
Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural resomce 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 smvey of the
real property.
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121.01.12_N-2269-01_ OG-UE
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 5 (Project). GRANT OR
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 Interference 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 petmit. 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 Pe1mit, 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 Permit, will require
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121.01.12 N-2269-01 OG-UE
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GRANTEE to apply for and obtain a new right-of-way use pe1mit 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 te1ms 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 te1mination is recorded by
GRANTOR, this Easement shall remain in full force and effect.
The lights and privileges 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 party.
This Easement shall rnn with the land and is binding on all parties.
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121.01.12 N-2269-01 OG-UE
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RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
1
oocuSlgned by:
Li':s~=sm..
1/23/2025
Paul Baughman, P.E., CFM
Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
Alex Smith
Director
1/23/2025
Date
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
1/22/2025
Dish·ict General Counsel
Date
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121.01.12 _ N-2269-01_ OG-UE
APPROVED
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Chairman of the Board
Date
Printed Name: -------------
ATTEST
Clerk of the Board
Date
Printed Name: -------------
ST ATE 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 subsc1ibed 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)
Page 5 of9
121.01.12 N-2269-01 OG-UE
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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 MARJCOPA )
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.
Page 6 of9
121.01.12 N-2269-01 OG-UE
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GLEZ Designs
3001 W. Lincoln St
Phoenix, AZ. 85009
623-444-7805
Exhibit "A" - Easement
Attached to Non-exclusive Utility Easement
Parcel Description
LSC East Ring Segment 118 #FRU2400415
Proposed Fiber Optic Easement
A 6.00 foot wide Easement for a fiber optic line being bound as follows:
Description:
September 18, 2024
Job# D240338
Page 1 of 2
See Exhibit" fl:.'
A Parcel of land lying in the northwest quarter of section 18, Township 1 South, Range 7 East, of the
Gila and Salt River Base Line and Meridian, Maricopa County, AZ.., more particularly described as
follows:
COMMENCING at the north quarter corner of said Section 18, being a brass cap, from which the
northwest corner of said section, a brass cap, bears North 89°34'28" West (basis of bearing), a
distance of 2516.26feet;
Thence along the North line of said section 18, North 89°34'28" West, a distance of 561.41 feet;
Thence leaving said North line, South 00°25'32" West, a distance of 27.00 feet, to a point along the
easterly line of the Maricopa County Flood Control District as shown on Doc. 1982-0207616,
M.C.R, said point also being the POINT OF BEGINNING;
Thence leaving said easterly line, North 89°34'28" West, a distance of 375.00 feet to a point along
the westerly line of said Maricopa County Flood Control District, said point also beingthe easterly
line of the Roosevelt Water Conservation District;
Thence continuing along said westerly line of said Maricopa County Flood Control District, and
said easterly line of the Roosevelt Water Conservation District South 00°25'32" West a distance of
6.00 feet; Thence leaving said westerly line and said easterly line, South 89°34'28" East, a distance
of 375.00 feet to a point along the easterly line of the Maricopa County Flood Control District;
Thence continuing along said easterly tine, North 00°25'32" East, a distance of 6.00 feet, returning
to said Point of Beginning;
Described parcel contains an area of 2,250 square feet or 0.0516 acres of land, more or less.
Subject to existing rights-of-way and easements.
This parcel description is based on a Special Warranty Deed Legal Description, Doc. 2023-0335721,
M.C.R., Roosevelt Water Conservation District Final Plat, Book 164, Page 46, M.C.R., Maricopa
County Flood Control District Warranty Deed, 1982-0207616, M.C.R., and other client provided
information.
Exhibit "A" - continued
Page 7 of9
121.01.12 N-2269-01 OG-UE
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FLOOD CONTROL Dls.TRICT
OF MARICOPA COUNTY
PROPERTY LINE
Exhibit A
FLOOD CONTROL DISTRICT
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
PROPERTY LINE
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OFMARICOPACOUNTY
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DOC.1982-0207616, MCR
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BEARING
N 89"34'28" W
S 00"25'32" W
N 89"34 28' W
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S 89"34'28" E
N 00'25 32" E
D1$TANCE
561.41'
27.00'
375.00
6.00
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6.00'
DESCRIBED PARCEL CONTAINS
AN AREA OF 2,250 SQUARE FEET
OR 0.0516 ACRES OF LAND,
MORE OR LESS
LSC EAST RING SPLIT SEGMENT 118
#FRU2400415
304-17-0140
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Attached to Non-exclusive Utility Easement
Closure Report #FRU2400415
Northing
Easting
Bearing
855112.304
771954.161
N 89°34'22"
855115.100
771579.153
s 00°25'38"
855109.100
771579.108
s 89°34'23"
855106.306
771954.116
N 00°25'34"
855112.304
771954.161
Closure Error Distance> 0.00000
Total Distance> 762.035
Polyline Area: 2250 sq ft, 0.0516 acres
Distance
W 375.018
W 6. 000
E 375.018
E 5.998
Page 9 of9
Tue Sep 17 2024
121.01.12 N-2269-01 OG-UE
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