G1. NON-EXCLUSIVE UTILTIY EASEMENT.PDF

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: Powerline Floodway
FCD Parcel No.: F-2520

APN: 304-34-980 ptn.

FCD Permit No.: FRU2500046

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: 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 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 19670191358,
recorded January 27, 1967 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 fiber optic conduit and fiber optic line on Flood
Control District (ECD) property, and appurtenances thereto (collectively, the “Facility”), in
accordance with FCD Right-of-Way Use Permit No. FRU2500046 (“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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311.01.12_F-2520_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 Powerline Floodway (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 GRANTER’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 0)
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
GRANTEEF’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

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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 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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311.01.12_F-2520_OG-UE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DoeuSigned by:

Pank Basghmom, 8/18/2025

17DSIDCCBREES

Paul Baughman, P.E., CFM Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:

8/18/2025
FUST2EUDSSUICT..

Alex Smit! Date
Director

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

State of Arizona.

Signed by:
Mare Carpivelli 8/18/2025
Max Carpinellt Date

Flood Control District General Counsel

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311.01.12_F-2520_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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311.01.12_F-2520_OG-UE

GRANTEE ACCEPTANCE AND APPROVAL:

LIGHT SOURCE COMMUNICATIONS LLC, a Michigan Domestic Limited Liability
Company and/or its successors and assigns

‘Signed by:
[Danie Cust 8/14/2025

Tee Barioh:
Daniel Enright

Chief Operating Officer

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this 14" day of August 2025, by Daniel
Enright, Chief Operating Officer for Light Source Communications LLC a Michigan Domestic
Limited Liability Company and/or its successors and assigns.

DocuSigned by:
Ae, Rovat,
Notary Public (signature)

MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 8, 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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311.01.12, F-2520_OG-UE

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

EXHIBIT "A"
EASEMENT FOR A LIGHT SOURCE COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22,7.15., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

WARNER ROAD

“fon WARNERROAD 7
| 1

| (| EASEMENT AREA=
(S| 240.00 SQUARE FEET OR
a |. _SEC.22 .----- |Z] 0.008509 ACRES MORE
T.18, R.7E iQ) OR LESS

n

| ims
| 1
= :
SITE |
RAY ROAD _| |

Ss SECTIONUINE ~~ Z

VICINITY MAP
NTS,

NOTE

ALL (R) RECORD, (M) MEASURED AND (C) CALCULATED DIMENSIONS SHOWN ON THIS
DRAWING REPRESENT HORIZONTAL GROUND DISTANCES, REPORTED IN

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

UNLESS OTHERWISE NOTED,

BASIS OF BEARING

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

THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 7 EAST

OF THE GILA AND SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, ARIZONA
BASIS OF BEARING= S$ 89°38'35" E

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 LIGHT SOURCE COMMUNICATIONS
UNDERGROUND LINE,

Expires:1.2/ ry 2025
BPG DESIGNS LLC. DATE: SCALE
7307 SOUTH HARL AVENUE, SUITE 4 LIGHT SOURCE COMMUNICATIONS 6/30/25 NTS
TEMPE, ARIZONA 85283 LSC_PHX_LAT2 a
OFFICE 602-954-2223 SOUTH ELLSWORTH ROAD & SHEET NO. BPG DWGNO.
FAX 602-954-0601 EAST WILLIAMS FIELD ROAD 1OF3 102500805

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311.01.12_F-2520_OG-UE

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

EXHIBIT "A"
EASEMENT FOR A LIGHT SOURCE COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22,7.1S., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

A EASEMENT FOR UNDERGROUND COMMUNICATIONS LINE BOUNDED BY THE FOLLOWING.

GOMMENGING (P.0.C.) AT THE SOUTHWEST CORNER OF SECTION 22, TOWNSHIP 1 SOUTH,

RANGE 7 EAST OF THE GILA AND SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY AZ. THE
SOUTH QUARTER CORNER OF SAID SECTION 22 BEARS SOUTH 89°38'15" EAST (BASIS OF BEARING),
A DISTANCE OF 2646.62 FEET AS SHOWN IN BOOK 609, PAGE 29 M.C.R.;

THENGE FOR A TIE SOUTH 89°38'15" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER
OF SECTION 22, A DISTANCE OF 63.00 FEET (L1) TO A POINT ON THE SOUTH LINE OF A FLOOD
CONTROL DISTRICT OF MARICOPA COUNTY 40 FOOT EASEMENT, SAID POINT ALSO THE POINT OF
BEGINNING (P.0.B.) OF THE EASEMENT AREA DESCRIBED HEREON;

THENCE CONTINUING ALONG SAID SOUTH LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION
22 AND SAID SOUTH LINE OF FLCOD CONTROL DISTRICT OF A MARICOPA COUNTY 40 FOOT
EASEMENT, SOUTH 89°38'15" EAST, A DISTANCE OF 6.00 FEET (L2)};

THENCE LEAVING SAID SOUTH LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION 22 AND SAID
SOUTH LINE OF A FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 40 FOOT EASEMENT, NORTH
00°15'45" WEST, A DISTANCE OF 40,00 FEET (L3) TO A POINT ON THE NORTH LINE OF SAID FLOOD
CONTROL DISTRICT OF MARICOPA COUNTY 40 FOOT EASEMENT,

THENGE ALONG SAID NORTH LINE OF SAID FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 40
FOOT EASEMENT, NORTH 89°38'15" WEST, A DISTANCE OF 6.00 FEET (L4);

THENGE LEAVING SAID NORTH LINE OF SAID FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 40

FOOT EASEMENT, SOUTH 00°15'45" EAST, A DISTANCE OF 40.00 FEET (L5) RETURNING TO SAID
POINT OF POINT OF BEGINNING (P.0.B.) OF THE EASEMENT AREA DESCRIBED HEREIN;

SAID EASEMENT PARCEL CONSISTS OF 240.00 SQUARE FEET OR 0.005508 ACRES MORE OR LESS.

BPG DESIGNS LLC. DATE: SCALE

7307 SOUTH HARL AVENUE, SUITE 4 LIGHT SOURCE COMMUNICATIONS 6/30/95 NTS

TEMPE, ARIZONA 86283 LSC_PHX_LAT2 Ps.

OFFICE 602-954-2223 SOUTH ELLSWORTH ROAD & SHEET NO. BPG DWGNO,

FAX 602-954-0604 EAST WILLIAMS FIELD ROAD 20F 3 402500805
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311.01.12_F-2520_OG-UE

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

EXHIBIT "A"
EASEMENT FOR A LIGHT SOURCE COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22,T.1S., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ
WEST 4/4 CORNER
SECTION 22
T.4S., R.7E. East Ray Road
|—- ia . Ei Ri . . _ _ _
H LINE TABLE
LINE] LENGTH BEARING
f La 63.00 | $89°38'15°E
L2 6,00 | $89°38'1S" E
13 40.00 | N00°15'45" W
! 14 6.00} N89°38'15" W
ib 40,00 | SO0°15'45"E z
%
%] 5
tal &
on! oc
ais
=|5 TRACT A. M.0.D. EASTMARK PHASE 1
=|$ BOOK 1147, PAGE 47, MCR.
wn
=! FLOOD CONTROL DISTRICT OF
as MARICOPA COUNTY _
8]3 AS SHOWN ON 20064140056 ” a
z|8 A.P.N, 304-34-980
1
1
1
i a a
I a a
1 a 8
1 H i; oa
75' B/W 1 a ob tg
1 a a | i
aoa | 2 (POWERLINE FLOODWAY)
| _SWCORNER P| 8
a
SECTION 22 i 3 sou YECrION 2
TAS., RTE. a8 TAS, R.7Es
a B
UL (TIE) | os \
Ps bd 5 89°38'1S"E 2646.62! (BASIS OF BEARING)
(P.0.B.) QUIKTRIP CORPORATION
AS SHOWN ON 20210526235
L- A.P.N. 313-25-863
fk
BPG DESIGNS LLG. DATE: SCALE
7807 SOUTH HARL AVENUE, suiTE1 | LIGHT SO ue een caTiO Ns 6/80/25 NTS.
Cu eneone SOUTH ELLSWORTH ROAD & seETNo. | BPGDWENO,
FAX 602.984.0801 EAST WILLIAMS FIELD ROAD 30F3 102500805
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311.01,12_F-2520_OG-UE

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

CLOSURE REPORT
EASEMENT FOR A LIGHT SOURCE COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22,T.1S., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

TRACT NAME: LSC _PHX LAT2

DESCRIPTION: ~ -

DISTANCE UNITS: Feet

POINT OF BEGINNING: N*844515.7894', E=785933.0185'

TYPE DIRECTION DISTANCE NORTHING EASTING

L2 S 89°38'15" E 6.00' 844515.75143' 785939 .01872'
L3 N 00°15'45" W 40.00' 844555.75339' 785938 .83545'
L4 N 89°38'15" W 6.00' 844555.79135' 785932 .83522'
L5 S 00°15'45" E 40.00° 844515.78939" 785933.01849'

Area: 240 Sq. Feet, 0.006 Acres
Perimeter: 92.01'

Closing line: N 00°00'00" E, 0.00"
Error in closure: None

TREVOR W.
ENTZMINGER,
3 Ne

Expires; 12/31/ 2025
BPG DESIGNS LLC, DATE: SCALE
7307 SOUTH HARL AVENUE, SUITE 7 LIGHT SOURCE COMMUNICATIONS 6/30/25 NTS
TEMPE, ARIZONA 85283 LSC_PHX_LAT2 ———
OFFICE 602-984-2223 SOUTH ELLSWORTH ROAD & SHEET NO, BPG DWGNO.
FAX 602-954-0601 EAST WILLIAMS FIELD ROAD 1OF 4 102500805

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