A1. PERMIT NO. 20219267 - NON-EXCLUSIVE UTILITY 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 1999RO016

NON-EXCLUSIVE UTILITY EASEMENT

FCD Project: East Maricopa Floodway Reach 5
FCD Parcel No.: N-2266

APN: 304-30-026E ptn.

FCD Permit No.: 2021P267

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: 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 Seven Hundred DOLLARS and no/100 ($700.00), 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 19820195754,
recorded June 24, 1982 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 an underground fiber optic conduit, and
appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use
Permit No. 2021P267 (‘““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.

Page | of 11

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). 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.

. . Page 2 of 11
FCD Project: East Maricopa Floodway Reach 5 APN: 304-30-026E ptn.

FCD Parcel No.: N-2266 FCD Permit No.: 2021P267

After the installation of GRANTEE’S Facility in accordance with said FCD Permit, any
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 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, 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, 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.

FCD Project: East Maricopa Floodway Reach 5 Page 3 of 11 APN: 304-30-026E ptn.
FCD Parcel No.: N-2266 FCD Permit No.: 2021P267

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

‘DocuSigned:by:
Micarl Fulton. 10/19/2022
.61D710C47FRR4AC
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:
& — 10/19/2022

F081 280DS@SD4CC.
Alex Smith, Director Date
Maricopa County Real Estate Department

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

State of Arizona.
DocuSigned by:
Ways. w Puck 10/19/2022
Cc 8100852401... és :
District General Counsel Date

FCD Project: East Maricopa Floodway Reach 5 Page 4 of 11

APN: 304-30-026E ptn.

FCD Parcel No.: N-2266 FCD Permit No.: 2021P267

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA

COUNTY

Bill Gates Date
Chairman of the Board

ATTEST:

Clerk of the Board Date

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA.)

Before me,

, Notary Public in and for said County, State

of Arizona, on this day personally appeared Bill Gates, known to me to be the person whose name

is subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision in

the foregoing instrument.

Given under my hand and seal of the office this

FCD Project: East Maricopa Floodway Reach 5
FCD Parcel No.: N-2266

202

Page 5 of 11

Notary Public (signature)

APN: 304-30-026E ptn.
FCD Permit No.: 2021P267

GRANTEE ACCEPTANCE AND APPROVAL:

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

ay OU NOm Comal |

Name: Susan Anable
Its: Vice President of Public and Government A ffairs

THIA TURS!
STATE OF ARIZONA +) Oey Publ
)ss i iene Hines
Expires: 5
COUNTY OF MARICOPA. ) "Maricopa County

The foregoing instrument was acknowledged before me this of! day of Vk wt Hic,

2027 by Susan Anable its Vice President of Public and Government Affairs for Cox
Communications Arizona, LLC, a Delaware limited liability company, and/or its successors and
assigns.

ey °
—_ ) Uf rz ZL
My Commission Expires_ 3 h; /202 S (2 vl LG ZL

Notary Public (signatufe)

apts

P
FCD Project: East Maricopa Floodway Reach 5 P##e6 ofl! APN: 304-30-8026E pin.
FCD Parcel No.: N-2266 FCD Permit No.: 2021P267

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

FCD Project: East Maricopa Floodway Reach 5
FCD Parcel No.: N-2266

EXHIBIT "A"
EASEMENT FOR A COX COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19,T.15., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

. _ WARNER ROAD
lq] EASEMENT AREA=
a | i] 1981.10 SQUARE FEET
cat 2 .
a SEC19 Z| OR 0.03104 ACRES MORE
pa T.18, R.7E =] OR LESS
i i
“ a]
) ers
ASITE
oe -- 4
' RAY ROAD '
VICINITY MAP
NTS.

MOTE

ALL (RA) RECORD, [M} MEASURED AND (C)] CALCULATED DITMENSIONS 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 §S THE SOUTH LINE OF

THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 7 EAST

OF THE GILA AND SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, ARIZONA
BASIS OF BEARING= § 89°33'22" 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 COX COMMUNICATIONS UNDERGAGUND
LINE.

PS DESIGNS LLC. COX COMMUNICATIONS GATE: Seale

Foe ee RRR ANENUE.SUTET | GIGC5440LM~MS GTWY BB WEST 422-2 NTS.

OFFICE 02-05-2223 (CIR 1646864) PRI205024-1 SHEET NO. £26 CINGNO.

FAX oe net Coot 5207 SOUTH POWER ROAD {OFS 102102505
Page 7 of 11

APN: 304-30-026E ptn.
FCD Permit No.: 2021P267

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 SOUTHWEST QUARTER OF SECTION 19,T.15., R.7E 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 SOUTHWEST CORNER OF SECTION 19, 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 19 BEARS SQUTH £9°33'22" EAST (BASIS OF BEARING},
A DISTANCE OF 2494.49 FEET AS SHOWN IN BOOK 609. PAGE 22 M.C.R.:

THENCE FOR A TIE SOUTH 29°33'22" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER
OF SECTION 19, A DISTANCE OF 1166.92 FEET;

THENCE LEAVING SAID SOUTH LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION 12, NORTH
g0°26'38" EAST, A DISTANCE OF 47.57 FEET (Li} TO A POINT GN THE NORTHEASTERLY LINE OF
ROOSEVELT WATER CONSERVATION DISTRICT CANAL RIGHT OF WAY AND THE SQUTHWESTERLY
LINE OF A.P.N. 304-30-026E, SAID POINT ALSO BEING THE POINT OF BEGINNING {P.0.8.) OF THE
EASEMENT AREA DESCRIBED HEREON:

THENCE ALONG SAID NORTHEASTERLY LINE OF ROOSEVELT WATER CONSERVATION DISTRICT
CANAL RIGHT OF WAY AND THE SOUTHWESTERLY LINE OF AP.N. 204-30-028£, NORTH 20°68'17"
WEST, A DISTANCE OF 6.16 FEET {L2} TO A POINT OF CURVE (P.C.) BEING NON-TANGENT AND
CONCAVE NORTHERLY, WHOSE CHORD-BEARING IS NORTH 60°85'00" EAST, 4 DISTANCE OF 70.46
FEET, HAVING 4 RADIUS OF 1202.43 FEET;

THENCE EASTERLY ALONG SAID CURVE TD THE LEFT, A DISTANCE OF 70.48 FEET (C1).

THENCE SOUTH 10723'49" EAST, A DISTANCE OF 4.00 FEET {L3) TO A POINT OF CURVE (P.C.} BEING
NON-TANGENT AND CONCAVE NORTHERLY, WHOSE CHORD-BEARING §S NORTH 76°13°0B" EAST, A
DISTANCE OF 158.38 FEET, HAVING 4 RADIUS OF 1396.49 FEET.

THENCE EASTERLY ALONG SA'D CURVE TO THE LEFT, A DISTANCE OF 158.45 FEET (C2) TO A POINT
ON THE WEST LINE OF A.P.N. 304-30-027C AND THE EAST LINE OF A.P.N. 3D4-30-026E;

THENCE ALONG THE WEST LINE OF A.P.N, 204-30-027C AND THE EAST LINE OF A.P.N, 304-30-026E
SOUTH 00°82'48" EAST, 4 DISTANCE OF 8.24 FEET (L4}; TO A POINT OF CURVE (P.C.) BEING
NGN-TANGENT AND CONCAVE NORTHERLY, WHOSE CHORD-BEARING §S SOUTH 7872237" WEST, A
DISTANCE OF 183.34 FEET, HAVING A RADIUS OF 1402.48 FEET:

CONTINUES ON SHEET 3 OF §

BPG DESIGNS LLC. CATE yy
7307 AY . COX COMMUNICATIONS CATE: ECALE
Oe arte UTE! | GIGC5440LM~MS GTWY BB WEST 9-22-22 NTS.
E, ARIZONA &5283 4
OFFICE ena at-no%s (CIR 1646864) PRI205024-1 SHEET ND. BPG OINGNO.
FAX 602-964-0601 5207 SOUTH POWER ROAD 20F5 yea1c260s
Page 8 of 11

APN: 304-30-026E ptn.

FCD Project: East Maricopa Floodway Reach 5 FCD Permit No.: 2021P267

FCD Parcel No.: N-2266

Exhibit “A” - continued

Attached to Non-exclusive Utility Easement

EXHIBIT "A"

CONTINUES FROM SHEET 2 OF 5

DISTANCE OF 63.33 FEET. HAVING 4 RADIUS OF 1303.60 FEET:

EASEMENT FOR A COX COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19,1.15., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

THENCE LEAVING SAID WEST LINE OF A.P.N. 304-230-0270 AND THE EAST LINE OF A.P_M. 204-30-026E,
WESTERLY ALONG SAID CURVE TO THE RIGHT, A DISTANCE OF 163.44 FEET (C3);

THENCE NORTH 10°2348" WEST, A DISTANCE OF 4.09 FEET {L5) TO A POINT OF CURVE (P.C.} BEING
NON-TANGENT AND CONCAVE NORTHERLY, WHOSE CHORD-BEARING IS SOUTH 81700'23" WEST, A

THENCE WESTERLY ALONG SAID CURVE TO THE RIGHT, A DISTANCE OF 63.24 FEET (C4) RETURNING
TC SAID POINT OF POINT OF BEGINNING (P.0.B.) OF THE EASEMENT AREA DESCRIBED HEREIN:

SAID EASEMENT PARCEL CONSISTS GF 1301.10 SQUARE FEET OR 0.03124 ACRES MORE OR LESS.

BPG DESIGNS LLC. ATE: Prt

ars COX COMMUNICATIONS RTE: SALE

7307 SOUTH AAR RVEMUE.SUTET | GIGC544OLM~MS GTWY BB WEST 922-2 NTS.

eee events (CIR 1646864) PRIZ05024-1 seztno. | ESGCWGNO.

FAX 602-964-C601 5207 SOUTH POWER ROAD 30F5 102102609
Page 9 of 11

FCD Project: East Maricopa Floodway Reach 5
FCD Parcel No.: N-2266

APN: 304-30-026E ptn.

FCD Permit No.: 2021P267

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 SOUTHWEST QUARTER OF SECTION 19,T.15., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

Pe
ay e
WEST 4/4 CORNER yy §
SECTION 19 4K

a8
~ oO
zs ee
iy 8 .
is 3 APN. \ G&S
| 304-30-026K Ba wn
i Bese bs
| AAT, oO
care Pun
‘ ooh -
| {P.0.¢,) 4 ZnS ti
| SIV CORNER ‘ ZO =
; {SECTION 19 \ “ A
‘ T.AS., RE. oO
e
5
hed
gow oe § 89°93'22" 1166.92" {TIE} «
~ “sy $ B9°99'22" E 240g 4B (BASIS OF BEARING] ~ ~ =
East Ray Road
BPG DESIGNS LLC. | .
sane fen COX COMMUNICATIONS DATE: ECALE
707 SOT RRR Ae UE. SUITE | GIGC544OLM~MS GTWY BB WEST 922-22 NTS.
IPE, 5283
OFFICE 602-954-2228 (CIR 1646864) PRJ205024-1 SHEET NO. B26 CNSNO,
FAX BOz-B64-t001 | 5207 SOUTH POWER ROAD 40F5 102102608

Page 10 of 11

FCD Project: East Maricopa Floodway Reach 5
FCD Parcel No.: N-2266

APN: 304-30-026E ptn.
FCD Permit No.: 2021P267

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

EXHIBIT TA"
EASEMENT FOR A COX COMMUNICATIONS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SQUTHWEST QUARTER OF SECTION 19,T.1S., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

CENTER T/A CORNER My
SECTION 19 ~*
T.15,, B.7E.

CURVE TABLE

BEARING i

novasae’e | 1a [IENGTH [Nacus BEARING [CHORD IERGTH i
naersoieew | cil sae [rag2ae ] Rggrss'eg" O45
sivaaaek | (cafanade [1990.49 5.38

ip
&

Socrsogt E
i ayy

NOO"RS'19" W 2631.31"

APN,
404-30-026E

FLOOD CONTROL DISTRICT GF

MARICOPA COUNTY PROPERTY

\,

MATCH TO SHEET 4 OF 5

IZOWA 85283
ze 223

FCD Project: East Maricopa Floodway Reach 5

FCD Parcel No.: N-2266

4a 5 89°33" 23" E2498.44! ASI OF BEARING] _
East Ray Road

SQUTH 1/4 CORRTR
SECTION 19 7

Leia 1 Rag. “AVENUE, SUITE '

1,15., R.7E.

|

COX COMMUNICATIONS SALE

GIGC54401 M~MS GTWY BE WEST NTS.
(CIR 1646864) PRJ205024-1 BES LANG NO.
feawoatce

5207 SOUTH POWER ROAD

Page 11 of 11
APN: 304-30-026E ptn.

FCD Permit No.: 2021P267