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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: East Maricopa Floodway Reach 3
FCD Parcel Nos.: M-2155, M-2155-A, and M-2165
APNs: 304-60-028C, 031C, and 012K ptns.
FCD Permit No.: 2009P006
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: QWEST CORPORATION, a Colorado corporation d/b/a
CENTURYLINK QC, and/or its successors and assigns
In accordance with GRANTOR’S Board of Director Resolution 2018R013, for and in
consideration of the sum of Five Thousand Forty-four DOLLARS ($5,044.00), 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 relocating, operating, repairing and maintaining fiber
optic cable and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-
of-Way Use Permit No. 2009P006 (“FCD Permit”).
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
use and access 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, use of the Easement Property 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 thirty (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 thirty (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 Permit, any
modification whatsoever to the Easement Property, the Facility, or any appurtenance of
Page 2 of 9
FCD Project: East Maricopa Floodway Reach 3 APNs: 304-60-028C, 031C, and 012K ptns.
FCD Parcel Nos.: M-2155, M-2155-A, and M-2165 FCD Permit No.: 2009P006
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 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: East Maricopa Floodway Reach 3 APNs: 304-60-028C, 031C, and 012K ptns.
FCD Parcel Nos.: M-2155, M-2155-A, and M-2165 FCD Permit No.: 2009P006
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL:
DocuSigned by:
Midvak Fulton 1/26/2022
61071DC47EBBABC..,
Michael A. Fulton Date
Director
REAL ESTATE DEPARTMENT APPROVAL:
‘DocuSigned by:
Alege Swith 1/26/2022
FO812BODS565D4CC...
Alex Smith, Director Date
Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
District General Counsel Date: January 18, 2022
Page 4 of 9
FCD Project: East Maricopa Floodway Reach 3 APNs: 304-60-028C, 031C, and 012K ptns.
FCD Parcel Nos.: M-2155, M-2155-A, and M-2165 FCD Permit No.: 2009P006
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 3
FCD Parcel Nos.: M-2155, M-2155-A, and M-2165
day of. 202__.
Notary Public (signature)
APNs: 304-60-028C, 031C, and 012K ptns.
FCD Permit No.: 2009P006
GRANTEE ACCEPTANCE AND APPROVAL:
QWEST CORPORATION, a Colorado corporation d/b/a CENTURYLINK QC, and/or its
successors afid assign:
By: iq F Lae~
Les Gutierrez
Its: Right of Way Agent
JVE@i Zone
STATE OF )
. )ss
county or! (Aetcoe”* )
The foregoing instrument was acknowledged before me this Zon day of “aru a),
202 —, by Les Gutierrez its Right of Way Agent of Qwest Corporation a Colorado corporation
d/b/a CenturyLink QC, on behalf of the corporation.
/
My Commission Expires CA | 612023 Mangas
Notary Public (signattirey ———_
“Gy 7K eS
“4, COPA cO-w
“ory
Page 6 of 9
FCD Project: East Maricopa Floodway Reach 3 APNs: 304-60-028C, 031C, and 012K ptns.
FCD Parcel Nos.: M-2155, M-2155-A, and M-2165 FCD Permit No.: 2009P006
Exhibit “A”
Attached to Non-exclusive Utility Easement
March 31, 2009
Page | of L
EXHIBIT A
Legal Description
Communications Easement
A parcel of land located in the Southwest Quarter of Section 11, Township 2 South, Range 6 East of the
Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described us follows:
Commencing al the West Quarter Comer of said Section 11, a Maricopa County Department of
Transportation Brass Cap in a handhole, whence the Southwest Comer of Section 1], a City of Gilbert
Brass Cap in a handhole, bears $ 00° 19°26" E, a distance of 2638.26 feet;
THENCE along the West line of suid Section 1), S 00° 19' 26" E, a distance of 134.87 feet;
‘THENCE leaving said West line, N 89° 40’ 34" E, a distance of 47.17 feet to the South Right-of-Way
line of Roosevelt Water Conservation District (RWCD) Main Canal, as defined in Book 164 of Maps,
Page 46, Maricopa County Records (MCR), also being the North Right-of-Way line of the Flood
Control District of Maricopa County (FCDMC), according to Dkt. 16110, Pg. 683, MCR and to the
‘TRUE POINT OF BEGINNING,
THENCE along said South line, N 48° O1' 34" B, a distance of 3.35 feet;
THENCE leaving suid South line, S 00° 19' 26" E, a distance of 453,08 feet to the South Right-of-Way
line of FCDMC, according to Dac. No. 1986-55 1934, MCR;
‘THENCE along said South line, S 23° 48' 27" W, a distance of 6.11 feet;
‘THENCE leaving said South fine, N 00° 19' 26" W, a distance of 456.44 feet to the TRUE POINT OF
BIE.GINNING,
Containing 1,137 sq. ft. (0.03 Ac.) +.
‘This Description is located within an arca surveyed by AZTEC in March-April 2008, and is also based
on Maricopa County GDACS, Maricopa County Assessors information and information provided by the
Flood Control District of Maricopa County. Dimensions shown are based on record data and do not
represent a boundary survey. Monumentation as noted in this Description is within acceptable standards
(as defined in “Arizona Boundary Survey Minimum Standards”) based on said survey.
'
DAR J.
WILKINS
¥ Fle Uy
Yona 2
Expires 06-30-10
RuPhorsix\rofecttAZEOBID figiey- OB ervey\tag tis CDMC-B-Or doe
Page 7 of 9
FCD Project: East Maricopa Floodway Reach 3 APNs: 304-60-028C, 031C, and 012K ptns.
FCD Parcel Nos.: M-2155, M-2155-A, and M-2165 ECD Permit No.: 2009P006
Exhibit “A” continued
Attached to Non-exclusive Utility Easement
|
R_wesr 1 4 FORNER &
SECTIO T2S, R6E
. MARICOPA county DEPARTMENT « er
i OF TRANSPORTATION .
2 BRASS ae Nt HANDHOLE & ey y
2 Be a
4 ‘A
a ay Yo LEGEND
2 Hy ay MCR = MARICOPA COUNTY RECORDS
n avn @ on DETAIL ‘A’ wa CE = COMMUNICATIONS EASEMENT
ul ZA } (SHEET 2) YA ROW = RIGHT-OF-WAY
2 ra a LE
® | M2165 Xe
o sf es
S| ~~ -2.50" CE sar
7 &.
2|_ ss il )7 see
fol ee
m@{ Row if, ky
bi ee 7
a 7 M2155 ‘ Ne y
x & ¥ a
os Soh ¢
AN 4
Oe Y
40° a o&
| 40] es Y
ROW Kg 3
we ES) 4
ge wee
“
/
7
7
7
yo
CORONADO RANCH
P BOOK 529 OF MAPS,
M-2155A~ PO 10 MOR
/ i Sl SEE DETAIL ‘8! .
SHEET 2 NIT
A f Genter 2) EASEMENT EXHIBIT
TOWN OF GILBERT AZTEC EncINetRING
GRASS CAP IN KANDHOLE $6 E, Neloweh Ba, Proerks, AZ €5008
EE Tee 454-8402 Foet66P 3494-0409
BA | ectstte: wrvaztecus
oO Ten BERT keep")
4 ey NO, [SHEETS
ARIZONA SCALE: N/A 1 2
Renosaree, SF SE ASS Ieee eee Set a Cindey
FCD Project: East Maricopa Floodway Reach 3
FCD Parcel Nos.: M-2155, M-2155-A, and M-2165
Page 8 of 9
APNs: 304-60-028C, 031C, and 012K ptns.
FCD Permit No.: 2009P006
Exhibit “A” continued
Attached to Non-exclusive Utility Easement
“CE AREA = 1,137 SQ. FT. (0.03 AC.) £
er TTT nem RWCD MAIN CANAL
DETAIL ‘A” ~~ 2°. BOOK 164 OF MAPS,
“ ‘Ss PG. 46 MCR
SOUTH’ ROW LINE 5
NORTH LINE,
RWCD MAIN. CANAL J tone LINE,
/ DKT. 16710, PG.
683, MCR
‘poe CE-—~ ‘
fou io, --——— EAST LINE 55" ROW
co | DKT. 4478, PG. 33
H om M.G.R.
H '
i = [— 5.53’ (TYPICAL) |
\ og ra H
\ 250° CE eh i
VV he /
\ t t
‘ oe t
\ a4 /
a Lt /
MS tr “ .
. Co ’ Y N
n L .
ota a eee oats l+~2.50" CE ‘
4 i XN
EAST LINE 40’ ROW-~ i \
DKT. 4283, PG, NY rod n
561 M.C.R, re \
i re 1
! i
DAT (NPICAL) ~_ tea A !
' =| / “SOUTH LINE,
\ i FCDMC ROW
{ BOC. NO.
LEGEND \ ¥
MCR = MARICOPA COUNTY RECORDS \ Wy 1986-551934, MCR
CE = COMMUNICATIONS EASEMENT . CORONADO RANCH //
ROW = RIGHT-OF-WAY \ CORONADO RANCH /
TNE PG. 10 MCR.”
UNE TABLE X
RING | DISTANCE stl ue
__N89°40'S4"E 47.47 wee
N4B°01'34"E 3.35 7
S00719'26"E| 453.08 EASEMEN
5234827 W 6.41 EOE T EXHIBIT :
~_NOO'N9'26"W] 456.44 ~ —
AZTEC vaiMeRNG
4564 E Hebqwcll 04, Pheerte,
@ GILBERT
TelE62454-02 Meenas 03
websites ewaorterss
ie aa
baie =x fT
SCALE: N/A 2/2
ARIZONA
Page 9 of 9
FCD Project: East Maricopa Floodway Reach 3
FCD Parcel Nos.: M-2155, M-2155-A, and M-2165
BW rocriwProjectaneieid MEY be Gurney MEDI aegCHIE Codie
APNs: 304-60-028C, 031C, and 012K ptns.
FCD Permit No.: 2009P006