B1. 2021P203 - 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: Buckeye Structures
FCD Parcel No.: BW-71

APN: 504-19-014F ptn.

FCD Permit No.: 2021P203

This Non-Exclusive Utility Easement is entered into by and between the following parties as of
the last date executed below.

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 Director’s Resolution 2018R013, for and in
consideration of 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 (“Easement”) in, upon,
over, under, across, through and along the premises described in the attached Exhibit “A”
(“Easement Property”) for the purpose of constructing, operating, repairing and maintaining
conduit, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-
of-Way Use Permit No. 2021P203 (“FCD Permits”).

Said Easement is SUBJECT TO all governmental restrictions which include, but
are not limited to, environmental, archaeological, and cultural 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 the Easement Property for the purpose of operation and maintenance
of the flood control project. GRANTOR shall endeavor to use its best efforts to operate and
maintain the flood control 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 property functioning as a flood control project.

In the event the Facility and/or personal property belonging to the GRANTEE interferes
with GRANTOR’S use of the Easement Property or the land within the Easement Property is
needed to construct, maintain, or relocate any portion of GRANTOR’S flood control project
and/or structure, GRANTEE shall, at GRANTOR’S request and GRANTEE’S sole expense,
eliminate the interference within (30) days of notice from the GRANTOR. Actual construction
to remove or relocate such conflicting Facility, and/or personal property, or portion(s) thereof,
shall begin within (30) days following GRANTOR’S issuance of a right-of-way use permit
for such removal/relocation. Upon mutual agreement, the time frame for the start and
completion of said work may be extended based on the requirements of The Project. If
GRANTEE’S relocation effort delays construction of a GRANTOR project, and causes
GRANTOR to be liable for delay 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 also, at its sole cost and expense, maintain the Easement Property,
and GRANTEE’s Facility located within the Easement Property, in a state of good repair and in
a safe condition, including without limitation the removal of trash and debris from the Easement
Property. The rights granted to GRANTEE herein include the right to cut back, trim and remove
vegetation now growing, or that may hereafter grow, on the Easement Property, or that may extend
over the Easement Property, 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 Permits, any

modification whatsoever to the Easement Property, the Facility, or any appurtenance of

Page 2 of 9
FCD Project: Buckeye Structures APN: 504-19-014F ptn.
FCD Parcel No.: BW-71 FCD Permit No.: 2021P203

GRANTEE located therein, that is not in compliance with said FCD Permits, 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.

To the extent permitted by law GRANTEE agrees to 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, it officers,

employees, agents or contractors.

In the event GRANTEE fails to install the Facility within the Easement Property, 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 the benefit of GRANTEE
to use the Easement Property for the purpose stated herein, and do not include the right to permit

and/or grant any other use of the Easement Property to another party.

This Easement shall run with the land and is binding on all parties.

Page 3 of 9

FCD Project: Buckeye Structures APN: 504-19-014F ptn.
FCD Parcel No.: BW-71 FCD Permit No.: 2021P203

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

‘BoouSigned- by:

Midvol Fulton 342022

61D71DC47EBB48C...

Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:

EY, 17197)

F061280D565D4CC...
Alex Smith Date

Director of Real Estate
Real Estate Department

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

‘DocuSigned:by:

District General Counsel Date

Page 4 of 9

FCD Project; Buckeye Structures APN: 504-19-014F ptn.
FCD Parcel No.: BW-71 FCD Permit No.: 2021P203

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF

COUNTY

Bill Gates Date
Chairman of the Board

ATTEST:
Clerk of the Board Date
STATE OF ARIZONA )

)ss
COUNTY OF MARICOPA )

Before me,

[ARICOPA

, 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: Buckeye Structures
FCD Parcel No.: BW-71

» 202__

Notary Public (signature)

APN: 504-19-014F ptn.
FCD Permit No.: 2021P203

GRANTEE ACCEPTANCE AND APPROVAL:

COX Communications Arizona, LLC a Delaware limited liability company, and/or its
successors and assigns

{\

Susan Anable, Vice President of Government/Public Affairs Cox Communications Arizona, LLC

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this Fibs day of rif,

2022, by Susan Anable, Vice President of Government/Public Affairs Cox Communi¢ations
Arizona, LLC, on behalf Cox communications Arizona, LLC a Delaware limited liability
company.

My Commission Expires f/ 24 / 10 24 CK

Notary mie]

GE PATRICK GRADY MCFALL.
ly A) Notary Public - Arizona
R\ yi Maricopa County
S J Commission # 600986
I33 My Comm. Expires Apr 23, 2025

Page 6 of 9
FCD Project: Buckeye Structures APN: 504-19-014F ptn.
FCD Parcel No.: BW-71 FCD Permit No.: 2021P203

Exhibit “A”
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 NORTHWEST QUARTER OF SECTION 10, T.1N., R.SW OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

am VAN BUREN ST .

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| SITE | | EASEMENT AREA=
al 3] 599.75 SQUARE FEET
j—-—1. _SEC.10 ] OR 0.013768 ACRES MORE
a T.1N, R.3W Gy ORLESS
1 \ =

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' YUMA RD:

VICINITY MAP
NTS.

NOTE
ALL {R) RECDRD, (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 WEST LINE OF

THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 3 WEST

OF THE GILA AND SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, ARIZONA
BASIS OF BEARING=N o0'41'21" 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,

TREVOR W,
ENT?MINGER
& ay

—
BPG DESIONS LLC. : UE
COX COMMUNICATIONS DATE: SCALE
7907 SOUTH HARL AVENUE, SUITE 4 I-10 SR85 TO VERRADO WAY 89-21 NTS.
TEMPE, ARIZONA 85283
OFFICE 602-954-2923 PRII59567-1 SHEETNO. EPG DWGNO.
FAX 60-954 Geot 1-10 & SOUTH WATSON ROAD 10F3 1020034231

Page 7 of 9

FCD Project: Buckeye Structures

FCD Parcel No.: BW-71

APN: 504-19-014F ptn.

FCD Permit No.: 2021P203

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 NORTHWEST QUARTER OF SECTION 10, T.1N., R.3W OF THE GILA AND

SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

AEASEMENT FOR UNDERGROUND COMMUNICATIONS LINE BOUNDED BY THE FOLLOWING.
COMMENCING (P.0.C.} AT THE NORTHWEST CORNER OF SECTION 10, TOWNSHIP 1 NORTH,

RANGE 3 WEST OF THE GILA AND SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY AZ. THE
WEST QUARTER CORNER OF SAID SECTION 10 BEARS SOUTH 00°41'21" EAST (BASIS OF BEARING), A
DISTANCE OF 2648.02 FEET AS SHOWN IN BOOK 638, PAGE 32 M.C.R.

THENCE FOR A TIE, SOUTH 00°41'21" EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 10, A DISTANCE OF 1298.71 FEET;

THENCE LEAVING SAID WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 10 AND ALONG THE
SOUTH LINE OF A-P.N. 504-19-014F, NORTH 89718°38" EAST, A DISTANCE OF 19.00 FEET {L1}, SAID
POINT ALSO BEING THE POINT OF BEGINNING (P.O.B.) OF THE EASEMENT AREA DESCRIBED
HEREON;

THENCE LEAVING SAID SOUTH LINE OF A.P.N. 604-10-014F, NORTH 00°41'21" WEST, A DISTANCE OF
87.01 FEET (L2):

THENCE NORTH 07°29'54"* EAST, A DISTANCE OF 15.08 FEET (L3}:
THENCE NORTH 89718’59" EAST, A DISTANCE OF 32.60 FEET (L4);
THENCE SOUTH 00°41'01" EAST, A DISTANCE OF 6.00 FEET (L5);

THENCE SOUTH 89°18'50" WEST, A DISTANCE OF 27.40 FEET {L6);
THENCE SOUTH 07°28'64" WEST, A DISTANCE OF 10.35 FEET {L7);

THENCE SOUTH 00°41'21" EAST, A DISTANCE OF 86.58 FEET (L8) TO A POINT ON THE SOUTH LINE OF
APN, 504-19-014F;

THENCE ALONG SAID SAID SOUTH LINE OF A.P.N. §04-10-014F, SOUTH 80° 18'30" WEST, A DISTANCE

OF 6.00 FEET (L9) RETURNING TO SAID POINT OF POINT OF BEGINNING (P.0.B.} OF THE EASEMENT
AREA DESCRIBED HEREIN;

SAID EASEMENT PARCEL CONSISTS OF 599.75 SQUARE FEET OR 0.013768 ACRES MORE OR LESS.

BPG DESIGNS LLC.
ones - : COX COMMUNICATIONS DATE: SCALE
Aa oe anne TE 1-10 SR85 TO VERRADO WAY 89-21 NTS.
at PRJ59567-1 SHEET NO, BPG DWV NO.
OFFICE 602-954-2223 iS NO.
FAX 602-954-0601 1-10 & SOUTH WATSON ROAD 20F3 4020034231
Page 8 of 9
FCD Project: Buckeye Structures APN: 504-19-014F ptn.

FCD Parcel No.: BW-71 FCD Permit No.: 2021P203

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 NORTHWEST QUARTER OF SECTION 10, T.1N., R.3W OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ
|
H 5 29°40°16" W 2684.16" .
(P.0.¢)
NW CORNER NORTH 1/4 CORNER SA
* SECTION 10 SECTION 10
A TAN. ABW, INETARLE TAN, BBW,
. UNE[LENGTH] BEARING
5 i N89°28'39"E
BH La MOO AL 21 W |
w fe nova
8 La_| 32,00 | Negas'so" E |
F Ui 6.00 | S0074101" E |
8 Le 27.40 | S89°78'59" W
° u7_ [10.35 | sovaysaw |
1a | 56.58] soovat21"E ]
f SEE DETAIL" A" is | 600] saorapaa"w '
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WEST 1/4 CORNER ~ ADOT. “
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DETAIL "A"
WTS.
[BPG DESIGNS LLG. ROY CORMIMIINICATIONG | DATE:
COX COMMUNICATIONS DATE:
Teiok awowNiwt |-10 5RB5 TO VERRADO WAY 88-21 NTS.
OFFICE BOU-954.2023 PRIL59567-1 SHEET HO, EG CYR 58,
FAX 600-484. 0801 I-10 & SOUTH WATSON ROAD 3OF3 4020034231.

FCD Project: Buckeye Structures
FCD Parcel No.: BW-71

Page 9 of 9

APN: 504-19-014F ptn.
FCD Permit No.: 2021P203