B1. PERMIT NO. 2021P136 - 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 1999R016

NON-EXCLUSIVE UTILITY EASEMENT

FCD Project: Arizona Canal Diversion Channel Reach 2
FCD Parcel No.: T-297-1 and T-298

APN: 149-12-005D and 149-12-004K ptns.

FCD Permit No.: 2021P316

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: QWEST CORPORATION D/B/A CENTURYLINK QC, a Colorado
corporation and/or its successors and assigns

In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for the sum of Thirty Thousand Six Hundred Four DOLLARS and no/100
($30,604.00), 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 numbers 19800158416 recorded May 13, 1980 and 19810388174, recorded November
30, 1981 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 duct bank, and appurtenances thereto (collectively, the

“Facility”), in accordance with FCD Right-of-Way Use Permit No. 2021P316 (“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 8

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 Arizona Canal Diversion Channel Reach 2 (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 GRANTEP’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 tight 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 8

FCD Project: Arizona Canal Diversion Channel Reach 2 APN: 149-12-005D and 149-12-004K ptns.
FCD Parcel No.: T-297-1 and T-298 FCD Permit No.: 2021P316

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 GRANTEP’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.

Page 3 of 8

FCD Project: Arizona Canal Diversion Channel Reach 2 APN: 149-12-005D and 149-12-004K ptns.
FCD Parcel No.: T-297-1 and T-298 FCD Permit No.: 2021P316

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:
| Midracl Cultow 10/21/2022

Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:
L AS 10/21/2022
F0612BOD565D4CC.

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:
Wa : Puk 10/21/2022

District General Counsel Date

Page 4 of 8

FCD Project: Arizona Canal Diversion Channel Reach 2 APN: 149-12-005D and 149-12-004K ptns.
FCD Parcel No.: T-297-1 and T-298 FCD Permit No.: 2021P316

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: Arizona Canal Diversion Channel Reach 2

FCD Parcel No.: T-297-1 and T-298

»202__

Notary Public (signature)

APN: 149-12-005D and 149-12-004K ptns.
FCD Permit No.: 2021P316

GRANTEE ACCEPTANCE AND APPROVAL:

QWEST CORPORATION d/b/a CENTURYLINK QC, a Colorado corporation, and/or its
successors and assigns

Its: Senior Manager Local Network Implementation

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this 2) day of S& P+eMNE 7
20% Lby Kathrine L. Hadrich its Senior Manager Local Network Implementation of QWEST

Corporation d/b/a CenturyLink QC, a Colorado corporation, and/or its successors and assigns.

My Commission Expires 0 7/ 2| [p24 @tL——

Notary Public (signature)

BRADY LARSEN

R@ Notary Public - State of Arizona
MARICOPA COUNTY
Commission # 586375
Expires July 21, 2024

Page 6 of 8

FCD Project: Arizona Canal Diversion Channel Reach 2 APN: 149-12-005D and 149-12-004K ptns.
FCD Parcel No.: T-297-1 and T-298 FCD Permit No.: 2021P316

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

EXHIBIT A

An 8.00 foot strip of land lying within a portion of that parcel of land described in the
Warranty Deed recorded in Docket 14415, Page 310, records of Maricopa County,

Arizona and that parcel of land described in the Special Warranty Deed recorded in
Docket 15668, Page 163, records of Maricopa County, Arizona, being located in a
portion of the Southwest quarter of Section 25, Township 3 North, Range 2 East of the
Gila and Salt River Base and Meridian, Maricopa County, Arizona, said 8.00 foot strip of
land being 4.00 feet on each side of the following described easement centerline;

COMMENCING at the West quarter corner of said Section 25, being a calculated position
per found reference monuments, which bears, North 00 degrees 16 minutes 59 seconds
East 2625.68 feet from the Southwest corner of said Section 25, being a calculated
position per found reference monuments as shown on the Record of Survey recorded in
Book 1178, Page 5, records of Maricopa County, Arizona;

Thence along the West line of the Southwest quarter of said Section 25, South 00
degrees 16 minutes 59 seconds West 1050.86 feet;

Thence South 89 degrees 43 minutes 01 seconds East 75.00 feet to a point on a line
75.00 feet East of and parallel with the West line of the Southwest quarter of said
Section 25, said point being the POINT OF BEGINNING of said easement centerline;
Thence North 78 degrees 11 minutes 29 seconds East 36.11 feet;;

Thence South 84 degrees 53 minutes 11 seconds East 45.96 feet;

Thence South 87 degrees 14 minutes 09 seconds East 28.86 feet;

Thence South &8 degrees 58 minutes 58 seconds East 979.38 feet;

Thence North 88 degrees 58 minutes 01 seconds East 44.74 feet;

Thence North 84 degrees 34 minutes 54 seconds East 81.21 feet;

Thence South 89 degrees 57 minutes 43 seconds East 80.47 feet to a point on the
East line of said Special Warranty Deed, said point also being the POINT OF TERMINUS
of said easement centerline.

Comprising 0.238 acres or 10,374 sq. ft. subject to all easement of record.

LUMEN JOB NO.: P841553 REFERENCE DOCUMENTS 7900 N. 70th AVENUE
: SUITE 104

SE Is 25 LCR,

POWNSHIP: 3 NORTH pean fg Wore 5 LLIANCE GLENDALE, AZ 85303)
RANGE: 2 EAST LAND SURVEYING, LLC TEL (623) 972-2200

DATE: JUNE 10, 2022 FAX (623) 972-1616
SHEET 1 OF 2 wwwalllancelandsurveyingcom contactusgazals.com

Page 7 of 8
FCD Project: Arizona Canal Diversion Channel Reach 2 APN: 149-12-005D and 149-12-004K ptns.

FCD Parcel No.: T-297-1 and T-298 FCD Permit No.: 2021P316

Exhibit “B”
Attached to Non-exclusive Utility Easement — To Accompany Exhibit “A”

9191-226 (E29) XV4

cose 2 Snare SONI TT

Woo'sjezZBesnjoRjuco WoOoBuIAeANSspuEjeouRIe MMM

0022-226 (£29) TAL OT] ‘ONIASAHNS GNV1 7

S ‘Od BLiL Na SOU ‘t
won (4) SAMYNS

2 40 2 LFIHS

@20e ‘0k ANAP =LvG

LS¥4 Z ONVY

HLYON £ ‘dIHSNMOL

S@ -NOWIIS

SINNAAV WOZ 'N 006Z BSINSWNOO” JONauadae £SG1¢ad “ON GOP N3KN7
00'S |_ 7 1054.68 S a7
208 | 3 £425.68 S$ ZI
1218 | 7 PS.PE¢8 N 97
wlbr | 7 10,8699 N oT
82 6L6 | J 85.85.98 S$ al :
9882 | 7 .60,b1L8 S £7 ahy dVINNG
965¢ | F ALEGHE S al (44) NO NMOHS sv
AhO8 | 7 62,1182 N ‘7 SIN3WNNOW 3ONIYIIRY
JONVLSIG ONIAVIG ANT GN4 Yad NOLISOd a,d1vo —
K (Lu) NO NMOHS S¥ §Z “03S “HOO “MS =
i HSM4_dvO_SS¥Ya 9
yn NJ U3d NOWISOd ,01O 8
8 g SO
Wed ft
S| Sowa YOW €91 Od | va rs
8 i ‘89951 1Nd YOW OLE ‘9d ‘Glerl “Lyd Nim a
i G7 4bO0-Z1-64! ‘Nd'V 47 GS00-Z1-64 lL “Nd'V on
= ne ee _
n/ ve ve oe BT oo
ae ANANAS¥A 8 / ~ >
SUN mos Mb00-Z1-6F1 “N'd'V JO SNTIMAINSO oD ihibd H =
q ay 3$00-Z!-6¢l ‘N'd'¥ ae)
7s wy a] =
+8 GL »
) at 3NM_ LNANAS¥a S =
NN Tg —ve— ANN AlWadO'd LNGN3ONANAOD 40 INIOd eso x
(Lu) NO NMOHS s¥ —as— = INIT AVM—40—LHOIN (1u) NO NMOHS SV ny
—w— INIT NOLLO3S .
HSN1d dvd SSvYg —w— SINTMSINSO SINSNNNOW JON3Y343a
GN Yad NOILISOd d.01WO © IN3WNNOW AaANNS QN4 3d NOWISOd O,91VO ie
TEs] GZ “dss “800 ¥/1 “M

@ LIGMHX4

Page 8 of 8

FCD Project: Arizona Canal Diversion Channel Reach 2

FCD Parcel No.: T-297-1 and T-298

APN: 149-12-005D and 149-12-004K ptns.

FCD Permit No.: 2021P316