C1. 121.01.12_N-2269-02_OG-UE.PDF

When recorded, return to:
Maricopa County

Real Estate Department
2801 West Durango Street
Phoenix, AZ 85009

EXEMPT ARS §11-1134, A2
FCD 1999R016

NON-EXCLUSIVE UTILITY EASEMENT

Project: 121.01.12 East Maricopa Floodway Reach 5
Permit: FRU2500116
Item No.: N-2269-02

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: BICENTEL, LLC, a Florida 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 Five Thousand Seven Hundred Forty-One Dollars and no/100
($5,741.00), 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 19820207617, 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 purpose of constructing, operating, repairing, and maintaining fiber
conduit on Flood Control District (FCD) property, and appurtenances thereto (collectively, the
“Facility”), in accordance with FCD Right-of-Way Use Permit No. FRU2500116 (“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 1 of 9

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 (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
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 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, GRANTEE
removes the Facility, the Facility ceases to function, or any other event gives evidence to

Project: 121.01.12 East Page 2 of 9 Permit: FRU2400116
Maricopa Floodway Reach 5 Item No: N-2269-02

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 fails to confirm its intent to
maintain 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.

Project: 121,01.12 East Page 3 of 9 Permit: FRU2400116
Maricopa Floodway Reach 5 Item No: N-2269-02

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY

‘DocuSigned by:
Paul Baughman.
170510CCBEES4BO,
Chief Engineer and General Manager

10/30/2025
Date

MARICOPA COUNTY
REAL ESTATE DEPARTMENT

Director

10/30/2025
Date

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

(Wey, apa

Flood Control District General Counsel

Date: 10/30/2025

Project: 121.01.12 East Page 4 of 9 Permit: FRU2400116
Maricopa Floodway Reach 5 Item No: N-2269-02

HEARD AND APPROVED:

GRANTOR:

FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY

Chairman of the Board

Date

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 , 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)

Project: 121.01.12 East Page 5 of 9 Permit: FRU2400116
Maricopa Floodway Reach 5 Item No: N-2269-02

ACCEPTANCE AND APPROVAL

GRANTEE:
BICENTEL, LLC, a Florida limited liability
company, and/or its successors and assigns

=

Salomon Cojab Cain
Its: Managing Member

(O/2eo / BO>s-
Date

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

Peden cee was s.acknow edged before me this 7 ay of Octnber 2025,
By CO 1 Au
Proc heck Mason Niner for BICENTEL, LLC, a Florida limited liability company,

and/or its successors and assigns.

Notary Public (sign
Can HERNANDEZ
MOA NARICOPACOUNTY
‘Commission # 659688
Expires January 13, 2028
Notary Stamp Seal
Page 6 of 9

Project: 121.01.12 East Permit: FRU2400116
Maricopa Floodway Reach 5 Item No: N-2269-02

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

EXHIBIT “A”
PHO TORNILLO A
EAST MARICOPA FLOODWAY CROSSING
PERMIT NUMBER: FRU2500116

THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP
1 SOUTH, RANGE 7 EAST OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 MARKED WITH A BRASS CAP IN
HANDHOLE FROM WHICH A BRASS CAP IN HANDHOLE MARKING THE SOUTH QUARTER-CORNER OF SAID
SECTION 7 BEARS SOUTH 89° 34’ 29” EAST A DISTANCE OF 2515.89 FEET AS DESCRIBED IN BOOK 609, PG
29 OF MARICOPA COUNTY RECORDS (M.C.R.), ARIZONA;

THENCE SOUTH 89° 34’ 29” EAST 1530.16 FEET UPON THE MONUMENT LINE OF EAST ELLIOT ROAD TO A
POINT, INTERSECTING THE CENTERLINE OF THE ROOSEVELT WATER CONSERVATION DISTRICT CANAL
(RWCD) 100-FOOT RIGHT-OF-WAY, AS SHOWN IN BOOK 164, PAGE 46, M.C.R., ARIZONA;

THENCE CONTINUING SOUTH 89° 34’ 29” EAST 50.00 FEET UPON SAID MONUMENT LINE OF EAST ELLIOT
ROAD TO A POINT;

THENCE DEPARTING SAID MONUMENT LINE NORTH 0° 22’ 03" EAST 44,00 FEET TO THE TRUE POINT OF
BEGINNING;

THENCE NORTH 0° 22’ 03" EAST 10.00 FEET UPON THE WESTERLY LINE OF PARCEL NUMBER 304-05-394A,
DESCRIBED IN DOCUMENT NUMBER 16110-0683, M.C.R., ARIZONA, AND SAID WESTERLY PROPERTY LINE
IN COMMON WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID (RWCD);

THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 89° 34' 29” EAST 375.15 FEET, PARALLEL WITH AND
54.00 FEET NORTHERLY OF SAID MONUMENT LINE OF EAST ELLIOT ROAD TO THE EASTERLY LINE OF
PARCEL NUMBER 304-05-018Q, DESCRIBED IN DOCUMENT NUMBER 16131-0763, M.C.R., ARIZONA

THENCE SOUTH 0° 22’ 03” WEST 10.00 FEET UPON SAID EASTERLY LINE TO A POINT;

THENCE DEPARTING SAID EASTERLY LINE OF PARCEL NUMBER 304-05-018Q NORTH 89° 34’ 29” WEST
375.15 FEET, PARALLEL WITH AND 44.00 FEET NORTHERLY OF SAID MONUMENT LINE OF EAST ELLIOT
ROAD TO SAID WESTERLY LINE OF PARCEL NUMBER 304-05-394A AND ALSO BEING THE TRUE POINT OF
BEGINNING;

CONTAINING AN AREA OF 3752 SQUARE FEET OR 0.086 ACRE, MORE OR LESS.

Project: 121.01.12 East Page 7 of 9 Permit: FRU2400116

Maricopa Floodway Reach 5 Item No: N-2269-02

Exhibit “A” continued

Attached to Non-exclusive Utili

Easement

; CITY OF MESA SEC 7. T1S., R. 7 E. MCFCD CITY OF MESA 6
3 ST A ERE Rwep | | APN 304-05-394A | _ APN 304-05-017N fe!
el 6 yer | | /DOC. #: 16110-0683 cecy | STONE APPLICATIONS z
vi} 304-05-017N | APN 304-05-0180 i rsa Ey
clo DOC, #: i i DOC. #: 16131-0763 i. i
wl 2022-0719831 = | os wo CRW “ge
s/s R/W | R# Fe i v 5. Bi
rn A Se i B fF |! = = Qi
g|9 — =o a Bae, G 65 3
” i = “—L5 of ; “ein Zin '
ee \ 1530.16' (R2) = ~POB RW fis =| mi al 4 S38
BASIS OF BEARINGS : ;
¥ SIS OF BEARIN 2515.89" (R1) 2516.29 (R2) |
wi \ POC EAST ELLIOT RD .
FE} \SWCORSEC7, 1S, R7E NOTHING : S.4COR SEC7
<¢|  FND 3 INCH MCDOT BCHH FOUND LINE TABLE FND BCHH
S| (0.50' DOWN) SEC 18
g ~T1S,,R.7 E. LINE #] BEARING | LENGTH 2642.68
$89°34'16"E
Li | Noo? 22'03"E | 44,00" (RL)
R1) BOOK 609 PAGE 29  OaM :
tro) BOOK 164 PAGE 46 2 Noo? 22' 03"E | 10.00 SE COR SEC 7, T1S, R7E
ROOSEVELT WATER 53785 13 | se9°34'29"E | 375.15" (s0 Down oot BCHH
CONSERVATION DISTRICT JAMES. GILL (0. )
(ALIGNMENT & RIGHTS OF L4 | soo 22'03"w | 10.00°
WAY OF MAIN CANAL) — -
EASEMENT L5 | _Nage 34" 29"w | 375.15
a | BOUNDARY
TOTAL AREA:
NOTES:
3752 SQ. FT. 1. “EXISTING 20' PUE
UNABLE TO CONFIRM
fe] BRASS CaP IN HH (BCHH) EASEMENT TYPE OR 125.625 0 125
ca peeeenenanseamenssnansean
[A] DOCUMENT No. 2019-0036523 IF IT EXISTS. SCALE: 1"=125'
MCDOT: MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MCFCD: MARICOPA COUNTY FLOOD CONTROL DISTRICT DESCRIPTION: EAST MARICOPA PERMIT NO.: FRU2500116
Poc: POINT OF COMMENCEMENT FLOODWAY CROSSING PROJECT.: PHX_TORNILLO A
POB: POINT OF BEGINNING 3137 E. ELWOOD ST. STE 170
M/L: MONUMENT LINE PHOENIX, AZ 85040 DRAWN: JR GILL
R/W: _ RIGHT-OF WAY PROFESSIONAL LAND SURVEYOR TGHEGKED.c.GITTIN
APN: ASSESSOR PARCEL NUMBER JAMES R. GILL neon’: ©. cs PAGE
RWCD: ROOSEVELT WATER CONSERVATION DISTRICT PHONE: 602-577-7068 JOB NO.: 052348102
F/O: FIBRE OPTIC LINE THIS IS NOT A LAND SURVEY || DATE: 10-25-2025 1 of 1

_W:\PSG West\Verizon - 1Fiber Core Carve Out - Phoenix\MAPPING\Pho Tornillo A\Elliot and Power\10-25-2025\MCFCD-ESMT-10-25-25\DATE: 10-25-2025\5:00 PM

Permit: FRU2400116
Item No: N-2269-02

Page 8 of 9

Project: 121.01.12 East

Maricopa Floodway Reach 5

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

MAP CHECK ANALYSIS
EAST MARICOPA FLOODWAY CROSSING
(EASEMENT FOR BORE CROSSING MCFCD PROPERTY)
TEAM FISHEL PROJECT NUMBER: 052348102, PERMIT NUMBER FRU2500116
BY: TEAM FISHEL PSG WEST

CHECKED BY: CHARLES GITTINGS, RLS DATE: 10-25-2025

PREPARED BY: JAMES R. GILL, RLS DATE: 10-25-2025
RAW TRAVERSE No RULE - Balanced Angles
Point Coordinates Coordinates Delta

1 N 855423.4722) N 855423.4722 0.0000
E 770806.3679 E 770806.3679
N 00-22-03 E Dist:10.0000
2 N 855433.4720 N 855433.4720 0.0000
E 770806.4320 E 770806.4320
S 89-34-29 E Dist:375.1500
3 N 855430.6875 N 855430.6876 0.0001
E 771181.5717 © 771181.5717
S 00-22-03 W Dist:10.0000
4 N 855420.6877  N 855420.6878 0.0001
E 771181.5075 E 771181.5075
N 89-34-29 W Dist:375.1500
1 N 855423.4722 N 855423.4721 0.0001
E 770806.3679 E 770806.3679
Angularerror = 0-00-00
Angular error/set = 0-00-00 Under
Error North : 0.0001 f
Error East — : -0.0000
Absolute error : 0.0001
Error Direction : N 00-57-46 W
Perimeter : 770.3000
Precision : 1 in 6472196.6820
Number of sides : 4
Area : 3752 sq. ft. , 0.0861 Acres

Project: 121.01.12 East Page 9 of 9 Permit: FRU2400116

Maricopa Floodway Reach 5 Item No: N-2269-02