C1 470.12.12_A022-001_OG-UE_(PARTIALLY EXECUTED).PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009 (CM)

EXEMPT ARS § 11-1134, A2
FCD 1999R016

NON-EXCLUSIVE UTILITY EASEMENT

FCD Project: Reems Road Channel & Basin
FCD Parcel No.: A022-001

APN: 501-41-005F ptn.

FCD Permit No.: FRU2400432

This Non-Exclusive Utility Easement is entered into by and between the following parties

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political
subdivision of the State of Arizona

GRANTEE: COX COMMUNICATIONS ARIZONA LLC, a Delaware limited liability
company and/or its successors and assigns

In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for the sum of Six Hundred DOLLARS and no/100 ($600.00), 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 instrument number 20070429082,
recorded April 12, 2007 in the official records of Maricopa County (“Burdened Property’). The
granted easement, described on the attached Exhibit “A” (“Easement”), is for the purpose of
constructing, operating, repairing, and maintaining a vault and underground communications line on
Flood Control District (FCD) property, and appurtenances thereto (collectively, the “Facility”), in
accordance with FCD Right-of-Way Use Permit No. FRU2400432 (“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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470.12.12_A022-001_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 Reems Road Channel & Basin (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 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 permit. 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 Permit, will require

GRANTEE to apply for and obtain a new right-of-way use permit from GRANTOR. GRANTOR

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470.12.12_A022-001_OG-UE

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 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 run with the land and is binding on all parties.

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470.12.12_A022-001_OG-UE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:
Posh Baughman. 1/27/2025

Paul Baughman Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

‘DocuSigned by:

1/27/2025
BUD SESUATT...

US
Alex Smith Date
Director

APPROVED AS TO FORM and within the powers and authority granted under the laws of the

State of Arizona.
Signed by:
May E. Carpinelli 1/27/2025
Max Carpinelli Date

District General Counsel

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470.12.12_A022-001_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:

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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470.12.12_A022-001_OG-UE

GRANTEE ACCEPTANCE AND APPROVAL:

COX COMMUNICATIONS ARIZONA LLC, a Delaware limited liability company, and/or its
successors and assigns

‘Signed by:
( Jur Jerumy Thompsour 1/27/2025

Jer remy Thompson Date

Manager of Construction and Planning

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this 27th day of January, 2024, by
Jeremy Thompson, Manager of Construction and Planning for Cox Communications Arizona, LLC,

a Delaware limited liability company, and/or its successors and assigns.

DocuSigned by:

My Commission Expires: January 09, 2027 +
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.RS. § 41-276. This remote notarial act involved the use of communication technology.

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470.12.12_A022-001_OG-UE

Exhibit “A” - Easement
Attached to Non-exclusive Utility Easement

EXHIBIT "A"
EASEMENT FOR A COX COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 30,T.3N., R.1W OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

PEORIA AVENUE
g EASEMENT AREA=
@] 204.38 SQUARE FEET OR
gi------. SEC.30 y-----{2] 0.004692 ACRES MORE
z T3N, RAW ! 2] OR LESS
H
| UA
SITE
OLIVE AVENUE
VICINITY MAP
NTS.

NOTE

ALL (R} RECORD, (M} MEASURED AND (C} CALCULATED DIMENSIONS SROW'N ON THIS
DRAWING REPRESENT HORIZONTAL GROUND GISTANCES, REPORTED IM

NAD 83 ARIZONA STATE PLANES, CENTRAL ZONE, INTERNATIONAL FEET.

UNLESS CTRERWISE NOTED.

BASIS OF BEARING

THE BASIS OF BEARING FOR THIS DRAWING IS THE EAST LINE OF

THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 2 WEST

OF THE GILA AND SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, ARIZONA
BASIS OF BEARING= N O0°00'07" W

CERTIFICATION

THESE RESULTS OF SURVEY ARE BASED ON DATA GATHERED FROM FIELD SURVEY
MEASUREMENT WORK PERFORMED UNDER MY OVERALL SUPERVISION. THE
PURPOSE OF SAID RESULTS OF SURVEY IS A COX COMMUNICATIONS UNDERGROUND

LINE.

SuSE ———-—arc e

vee aeenniaas | MWCPR- NANO VIP INDUSTRIAL 1-202 NTS.

Corer one ages (Bi-426091) PRI277373-1 GHEETNO. | BPSDINGNO.

ore aot | 9601 NORTH REEMS ROAD 10F3 102404180
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470.12.12_A022-001_OG-UE

Exhibit “A” - continued
Attached to Non-exclusive Utility Easement

EXHIBIT "A"
EASEMENT FOR A COX COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 30,T.3N., R.1W OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

A EASEMENT FOR UNDERGROUND COMMUNICATIONS LINE BOUNDED BY THE FOLLOWING.

COMMENCING (P.0.C.) AT THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 3 NORTH,
RANGE t WEST OF THE GILA AND SALT RIVER BASELINE AND MERIDIAN. MARICOPA COUNTY AZ.
THE EAST QUARTER CORNER OF SAID SECTION 30 BEARS NORTH 00°00'07" WEST (BASIS OF
BEARING}, A DISTANCE OF 2635.01 FEET AS SHOWN IN BOOK 688, PAGE 41 M.C_R.;

THENCE FOR A TIE NORTH 00°00'07" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 30, A DISTANCE OF 1412.55 FEET;

THENCE LEAVING SAID EAST LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 20, SOUTH
§9°S9'53" WEST, 4 DISTANCE OF 65.00 FEET TC A POINT ON THE EAST LINE OF FLOOD CONTROL
DISTRICT OF MARICOPA COUNTY PROPERTY, ASSESSOR PARCEL NUMBER &01-41-0065F AND ALSO
BEING THE WEST LINE CF MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION, SAID POINT
ALSO THE POINT OF BEGINNING (P.0.8.) OF THE EASEMENT AREA DESCRIBED HEREON;

THENCE LEAVING SAID EAST LINE OF SAID FLOOD CONTROL DISTRICT OF MARICOPA COUNTY AND
SAID WEST LINE OF MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION PROPERTY,
CONTINUING SOUTH 89°68'53" WEST, A DISTANCE OF 12.34 FEET (Li}:

THENCE SOUTH GO°00 07" EAST. A DISTANCE OF 27.72 FEET (L2):

THENCE NORTH 89°59'63" EAST, A DISTANCE OF 6.00 FEET (L3);

THENCE NORTH O0°00'07" WEST, A DISTANCE OF 21.72 FEET (L4):

THENCE NORTH 89°80°53" EAST, A DISTANCE OF 6.34 FEET (L5) TO A POINT ON THE EAST LINE OF
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY PROPERTY AND THE WEST LINE OF MARICOPA
COUNTY DEPARTMENT OF TRANSPORTATION PROPERTY ;

THENCE NORTH 00°00'07" WEST ALONG SAID EAST LINE OF FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY AND SAID WEST LINE OF MARICOPA COUNTY DEPARTMENT OF

TRANSPORTATION PROPERTY, A DISTANCE OF 6.00 FEET (L6) RETURNING TO SAID POINT OF POINT
OF BEGINNING (P.0.B.) OF THE EASEMENT AREA DESCRIBED HEREIN;

SAID EASEMENT PARCEL CONSISTS OF 204.38 SQUARE FEET OR 0.004692 ACRES MORE OR LESS.

7307 SOUTH HARL AVENUE, SUITE 4 | M pace tetiaarttan “ L 4:90.25 NTS.
TEMPE, ARIZONA 85283 | wi OVIP INDUSTRIA

ornick enn aou-nopa (BI-426091) PRI277373-1 SHEET NO. BPG DING NO.
FAX 602-954-0601 9601 NORTH REEMS ROAD 20F3 102404150

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470.12.12_A022-001_OG-UE

Exhibit “A” - continued

Attached to Non-exclusive Utility Easement

EXHIBIT "A"
EASEMENT FOR A COX COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 30,T.3N., R.1W OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ
BS .. EAST 1/4 CORNER
MARICOPA COUNTY DEPARTMENT Ly - SECTION 30
OF TRANSPORTATION 4 T.3N., R-LW.
AS SHOWN ON 20100398429 °,
A,P.N. 501-41-005G \ H
FLOOD CONTROL DISTRICT OF ' \ J
_ MARICOPA COUNTY | r
AS SHOWN ON 20070429082 !
A.P.N. 501-41-005F
(P.0.B,) — '2
‘. 12! an 53'R/W =
, 59153" : 10
qe de de: $ 89°59°53" W 65.00 ah
H bs} 2
at 5
aor | LINE TABLE a
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is | 634] neoso's3°E =
—— is! West
ts | 600] noo‘ov'o7 w st — Hatcher
Road
3
=
1
I
SOUTH 1/4 CORNER {P.0.C.)
-~ SECTION 30 SE CORNER Fa
T.3N., RW. SECTION 30 >.
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dé. Ne i ce oe ey “/
- * 5 89°02'26" E 2635.43" Oo
AoE ARDONA gest || ~~ MWCPR - NANO VIP INDUSTRIAL 1-20-25 NTS.
OFFICE 602-954-2223 (BI-42609:1) PRJ277373-L SHEET NO, BPS DAG NO.
FAX oD aS4 beh, | 9601 NORTH REEMS ROAD 30F3 102404150
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