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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 UTILITY EASEMENT FCD Project: East Maricopa Floodway Reach 3 FCD Parcel Nos.: M-2146 and M-2165-09 APNs: 304-85-007W and 304-85-007Y ptns. FCD Permit Nos.: 2021P237 This 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: MCIMETRO ACCESS TRANSMISSION SERVICES 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 00/100 ($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 underground communication lines, appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit Nos. 2021P237 (“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 8 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 GRANTEBE’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 G0) 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 8 FCD Project: East Maricopa Floodway Reach 3 APNs: 304-85-007W and 304-85-007Y ptns. FCD Parcel Nos.: M-2146 and M-2165-09 FCD Permit No.: 2021P237 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 8 FCD Project: East Maricopa Floodway Reach 3 APNs: 304-85-007W and 304-85-007Y pins. FCD Parcel Nos.: M-2146 and M-2165-09 FCD Permit No.: 2021P237 GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: DocuSigned by: Midcal Fultow 2/9/2022 Michael A. Fulton Date Director REAL ESTATE DEPARTMENT APPROVAL: DocusSigned by: Alex. Smith 2/9/2022 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: Wayne Pu 2/9/2022 B2E0BD10D8524D1. District General Counsel Date Page 4 of 8 FCD Project: East Maricopa Floodway Reach 3 APNs: 304-85-007W and 304-85-007Y ptns. FCD Parcel Nos.: M-2146 and M-2165-09 FCD Permit No.: 2021P237 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 __day of. », 20 Notary Public (signature) Page 5 of 8 FCD Project: East Maricopa Floodway Reach 3 APNs: 304-85-007W and 304-85-007Y ptns. FCD Parcel Nos.: M-2146 and M-2165-09 FCD Permit No.: 2021P237 GRANTEE ACCEPTANCE AND APPROVAL: MCImetro Access Transmission Services LLC, a Delaware limited liability company, and/or its successors and assigns 4 x By: MDAA Sofia Musyoki Princi i etwork Engineering and Operations STATE OF TEXAS ) )ss COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this | day of , 202) vy Sofia Musyoki its Principal Engineer-Network Engineering and Operations of MCImetro ACCESS TRANSMISSION SERVICES, LLC, a Delaware limited liability company, and/or its successors and assigns on behalf of the company being duly authorized to execute the foregoing instrument for the purpases therein contained. My Commission Expires 1 _ \S- 2027 IN Notary Ubi (signaturg) Ley JENNIFER SHEETZ % Notary Public, State of Texas Comm. Expires 07-15-2025 Notary ID 133214485 Page 6 of 8 FCD Project: East Maricopa Floodway Reach 3 APNs: 304-85-007W and 304-85-007Y ptns. FCD Parcel Nos.: M-2146 and M-2165-09 FCD Permit No.: 2021P237 Exhibit “A” Attached to Non-exclusive Utility Easement EXHIBIT A METRO MCI EASEMENT CROSSING LEGAL DESCRIPTION A 10 FOOT WIDE EASEMENT FOR UTILITY BORE CROSSING UNDER MARICOPA COUNTY FLOOD CONTROL DISTRICT, ROOSEVELT WATER CONSERVATION DISTRICT FLOODWAY, AS SHOWN AND RECORDED IN DOCKET 1988—0085571, RECORDS OF MARICOPA COUNTY, ARIZONA, SITUATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, SEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, FROM WHICH THE NORTH QUARTER CORNER, BEARS SOUTH 89 DEGREES 51 MINUTES 38 SECONDS WEST, A DISTANCE OF 2,650.77 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 38 SECONDS WEST, A DISTANCE OF 423.80 FEET; THENCE DEPARTING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33, SOUTH 32 DEGREES 59 MINUTES 10 SECONDS WEST, A DISTANCE OF 65.67 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 32 DEGREES 59 MINUTES 10 SECONDS WEST, A DISTANCE OF 11.94 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 38 SECONDS WEST, A DISTANCE OF 298.52 FEET; THENCE NORTH 32 DEGREES 59 MINUTES 10 SECONDS EAST, A DISTANCE OF 11.94 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 38 SECONDS EAST, A DISTANCE OF 298.52 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 2,985 SQ. FT., MORE OR LESS. EXPIRES ON 3/31/24 PAGE 1 OF 2 EXHIBIT A i ) i MCI METRO LICENSE MClImetro Ce] TELOYVTE PHO_MOUNTAINWOOD ESTATES Ne aurRUBTORe Henvices LEGAL DESCRIPTION FOR EASEMENT AREA Page 7 of 8 FCD Project: East Maricopa Floodway Reach 3 APNs: 304-85-007W and 304-85-007Y ptns. FCD Parcel Nos.: M-2146 and M-2165-09 FCD Permit No.: 2021P237 Exhibit “A” continued Attached to Non-exclusive Utility Easement 100° Q’ 100° SCALE IN FEET SCALE: 1” = 100’ 200' 11.84 NORTH QUARTER P.O.C, SECTION 33 N.E. CORNER T2S, REE SECTION 33 T2S, R6E E. RIGGS ROAD _ $89'51'38"W_2650.77" 1928. 298.52" Y RW SUBLECT PARCEL 400" RWC, ‘ nOOW: APN 304-B5—CO7Y FLQQOWAY ~N N32'59° . N89°51'38"E_29) Le EASEMENT AREA SAg'S138"W 296.52 APN 304-685-048 APN 304—85-050 259.00" R.W.C.0. FLOODWAY RIGGS ROAD RIGHT—OF—WAY BGCOK 1059, PAGE 26, M.C.R. APN 304—85-050 ADORA TRAILS — PARCEL 15 BOOK 1340, PAGE 16, M.C.R. PAGE 2 OF 2 MCImetro ~ Tr Pvrce PELUYTE INFRASTRUDTURE SERVICES: EXHIBIT A MCI METRO LICENSE PHO_MOUNTAINWOOD ESTATES MAP OF EASEMENT AREA FCD Project: East Maricopa Floodway Reach 3 FCD Parcel Nos.: M-2146 and M-2165-09 Page 8 of 8 APNs: 304-85-007W and 304-85-007Y ptns. FCD Permit No.: 2021P237