B. 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: Spookhill FRS and Outlet
FCD Parcel No.: SH-558 ptn.

APN: 219-17-005F ptn.

FCD Permit No.: 2021P144

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: 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 One Thousand One Hundred Sixty DOLLARS ($1,160.00), 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 an underground communications line, and appurtenances thereto (collectively,
the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2021P144 (“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 8

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 8
FCD Project: Spookhill FRS and Outlet APN: 219-17-005F ptn.

FCD Parcel No.: SH-558 ptn. FCD Permit No.: 2021P144

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.

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

Page 3 of 8
FCD Project: Spookhill FRS and Outlet APN: 219-17-005F ptn.
FCD Parcel No.: SH-558 ptn. FCD Permit No.: 2021P144

RECOMMENDED FOR APPROVAL: APPROVED:

SIGNED IN COUNTERPART < signal

Michael A. Fulton Date Date
Director Chairman of the Board

ATTEST:

Clerk of the Board Date < signa

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 Chairman
of the Board of the Board of Directors of the Flood Control District of Maricopa County.

Given under my hand and seal of the office this day of , 20

Notary Public (signature)

REAL ESTATE DEPARTMENT APPROVAL:
SIGNED IN COUNTERPART

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.

SIGNED IN COUNTERPART
District General Counsel Date

Page 4 of 8
FCD Project: Spookhill FRS and Outlet APN: 219-17-005F ptn.
FCD Parcel No.: SH-558 ptn. FCD Permit No.: 2021P144

RECOMMENDED FOR APPROVAL:

APPROVED:

I Bamber 21,202/

SIGNED IN COUNTERPART
Michael A. Fulton Date Date
Director Chairman of the Board
ATTEST:
SIGNED IN COUNTERPART
Clerk of the Board Date

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

Before me,
this day personally appeared

, Notary Public in and for said County, State of Arizona, on

, known to me to be the Chairman

of the Board of the Board of Directors of the Flood Control District of Maricopa County.

Given under my hand and seal of the office this

REAL ESTATE DEPARTMENT APPROVAL:

SIGNED IN COUNTERPART

day of , 20

Alex Smith Date
Director of Real Estate
Real Estate Department

Notary Public (signature)

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

State of Arizona.
SIGNED IN COUNTERPART

District General Counsel Date

FCD Project: Spookhill FRS and Outlet
FCD Parcel No.: SH-558 ptn.

Page 4 of 8

APN: 219-17-005F ptn.
FCD Permit No.: 2021P144

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL: APPROVED:

SIGNED IN COUNTERPART SIGNED IN COUNTERPART
Michael A. Fulton Date Date
Director Chairman of the Board

ATTEST:
SIGNED IN COUNTERPART
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
Chairman of the Board of the Board of Directors of the Flood Control District of Maricopa County.

Given under my hand and seal of the office this day of > 20
Notary Public (signature)

AdsSHATE DEPARTMENT APPROVAL:
ST. 12/21/2021
EN612B0D585N4CC.

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.

4

District General Counsel Date: November 10, 2021

Page 4 of 8
FCD Project: Spookhill FRS and Outlet APN: 219-17-005F ptn.
FCD Parcel No.: SH-558 ptn. FCD Permit No.: 2021P144

GRANTEE ACCEPTANCE AND APPROVAL:

MCImetro ACCESS TRANSMISSION SERVICES, LLC, a Delaware limited liability
company, and/or its successors and assigns

By: VAN

Sofia Musyoki
Principal Engineer\Ngtwork Reg/Real Estate

STATE OF TEXAS )
)ss
COUNTY OF DALLAS )

The foregoing instrument was acknowledged before me this \ ( day BNISN GTN

20 dA , by Sofia Musyoki its Principal Engineer-Network Reg/Real Estate 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 purposes therein contained.

My Commission Expires

Nofail Public (sign

ature) _)

Se a JENNIFER SHEETZ
Notary Public, State of Texas!
Comm. Expires 07-15-2025
“news Notary ID 133214485

Page 5 of 8

FCD Project: Spookhill FRS and Outlet APN: 219-17-005F ptn.
FCD Parcel No.: SH-558 ptn. FCD Permit No.: 2021P144

Exhibit “A”
Attached to Non-exclusive Utility Easement

EXHIBIT "A"
EASEMENT FOR A MCIMETRO ACCESS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, T.2N., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

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al \ | | EASEMENT AREA=
a) SEC.30 | | 4572,02 SQUARE FEET
fs}-—--—+- WN eee 4 | QR 0.03608 ACRES MORE
ca | T.2N, R.7E OR LESS
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: THOVASROAD ;

VICINITY MAP

| NOTE

ALLER) RECORD, (M1) 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 SOUTH LINE OF

THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 7 EAST

OF THE GILA AND SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, ARIZONA
BASIS OF BEARING= § 89°40'39" E

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 MMCIMETRO ACCESS UNDERGROUND LINE.

41584
TREVOR W.
ENTZMINGEH

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Lis

Expiras:
OPG DESIGHS LLC. DATE: SCALE
7307 SGUTH HARL AVENUE, SUITE 1 MCIMETRO ACCESS 5-21-24 MTS.
HUB: PHO BOOTCAMP ore" aie
TEMPE, ARIZOMA 85283 7 a
OFFICE 607-904-2793 CELL SITE: PHO REEF (EXISTING) SHEETHO, ERG OM NO,
FAX G02-S84-D601 EAGLE CREST DR & RED MOUNTAIN RD 4 OF 3 1706\VUG.248

FCD Project: Spookhill FRS and Outlet
FCD Parcel No.: SH-558 ptn.

Page 6 of 8

APN: 219-17-005F ptn.
FCD Permit No.: 2021P144

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

A
EASEMENT FOR A MCIMETRO ACCESS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, T.2N., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ

4 EASEMENT FOR UNDERGROUND COMMUNICATIONS LINE BOUNDED BY THE FOLLOWING,

COMMENCING (P.0.C.) AT THE SOUTHWEST CORNER OF SECTION 30, TOWNSHIP 2 NORTH

RANGE 7 EAST OF THE GILA AND SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY AZ. THE
SOUTH QUARTER CORNER OF SAID SECTION 20 BEARS SOUTH 89°40'3S" EAST (BASIS OF BEARING), A
DISTAMGE GF 2457.50 FEET AS SHOWN IN BOOK 400, PAGE 19 M.C.R. i

THENCE FOR A TIE, SOUTH 89°40°39" EAST ALONG THE SOUTH LINE GF THE SOUTHWEST QUARTER OF
SAID SECTION 30, 4 DISTANCE OF 409.21 FEET,

THENCE LEAVING SAID SOUTH LINE OF SAID SOUTHWEST QUARTER NORTH 00°02'07" EAST, A
DISTANGE OF 41,00 FEET (L4) TO A POINT ON THE EAST LINE OF CENTRAL ARIZONA PROPERTY A.P.N.
| 219-47-005E AND WEST LINE OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A.P.N, 219-17-GU5F,
SAID POINT ALSO BEING THE POINT OF BEGINNING (P,0.B.) OF THE EASEMENT AREA DESCRIBED
HEREON;

| THENCE CONTINUING ALONG THE WEST LINE OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
| ACPAN. 219-77 -D05F AND SAID EAST LINE GF CENTRAL ARIZONA PROPERTY, NORTH O1°OS'07 EAST, &
DISTANGE OF 6.00 FEET (L2k

THENCE LEAVING SAID EAST LINE OF CENTRAL ARIZONA PROPERTY, SOUTH B9°40'39" EAST, 4 DISTANCE
OF 128.96 FEET {L3);

" EAST, A DISTANCE OF 33.74 FEET (L4}, TO 4 POINT OF CURVE (P.C.) BEING
WWE NORTHERLY, WHOSE CHORD-BEARING IS NORTH 80747'25" EAST, &
HAVING & RADIUS OF 497,00 FEET (C4);

| THENCE NORTH Vat
NON-TANGENT AND CON
DISTANCE OF 59,14 FEE

THENCE EASTERLY ALONG SAID CURVE TO THE LEFT, A DISTANCE OF $8.90 FEET TO A POINT ON THE
EAST LINE OF FLOOD GONTROL DISTRICT OF MARICOPA COUNTY AP.N. 219-47-005F,

THENCE CONTINUING ALONG SAID EAST LINE OF FLOOD CONTROL DISTRICT, SOUTH 00°03'07" WEST, &
DISTANCE OF 6.21 FEET (L6}; TO A POINT OF CURVE (P.C,) BEING NON-TANGENT AND CONCAVE
NORTHERLY, WHOSE CHORO-BEARING IS SOUTH 807°81'24" WEST, A DISTANCE OF 98.30 FEET, HAVING A
RADIUS OF 503,00 FEET (C2):

THENCE LEAVING SAID EAST LINE OF FLOOD CONTROL DISTRICT, WESTERLY ALONG SAID CURVE TO
THE RIGHT. A DISTANCE OF 98.46 FEET,

THENCE SOUTH 78°10'52" WEST, A DISTANGE OF 33.95 FEET (L6); |

THENCE NORTH 89°40'39" WEST, A DISTANCE OF 129.59 FEET (L7) RETURNING TO SAID WEST LINE OF i
FLOOD CONTROL DISTRICT A.P.N. 219-17-005F AND THE POINT OF BEGINNING (P.0.B,} OF THE
EASEMENT AREA DESCRIBED HEREIN;

SAID EASEMENT PARCEL “A* CONSISTS OF 1572.01 SQUARE FEET OR 0.03608 AGRES MORE OR LESS.

BPG DESIGNS LLG, SATE: SCALE

739? SOUTH HARL AVENUE, SUITE 6 | "MICIMETRO ACCESS. Perey NTS.
TENPE, ARIZONA 85283 HU#: PHO BOOTCAMP UN

OFFICE 802-954-2223 ' CELL SITE: PHO REEF (EXISTING) SHEET NA aPcDWGNO. |,
[LFAX u2gstocot 6-080 | EAGLE CREST OR & RED MOUNTAIN RD 20F3 {70SAVUG,240 |

Page 7 of 8 APN: 219-17-005F ptn.

FCD Project: Spookhill FRS and Outlet
FCD Permit No.: 2021P144

FCD Parcel No.: SH-558 ptn.

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

EXHIBIT "A"
EASEMENT FOR A MCIMETRO ACCESS
UNDERGROUND COMMUNICATIONS LINE ACROSS FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, T.2N., R.7E OF THE GILA AND
SALT RIVER BASELINE AND MERIDIAN, MARICOPA COUNTY, AZ
WEST 1/4 CORNER
SECTION 39
a T.2N,, RE.
[" LINE TABLE CURVE TABLE
uc|tenari | BcaninG io] LENGTH] RADIUS] DELTA [BEARING CHORD LENGTH
u_| argo] woo'oxor"e | [ci]99.3045] 497.00 | vasa" s auraz‘as" w | y2.1395
' 12 Baa] Noda o" 1E C2] 98.4899) 503.00 | 1172255") N AOS 124" E |S
ua | aza96[ syvao'sy'e
i uy | 33.24]
Le wags F 41590 ? yi
' LF | 433.44 «1 |
U ay Nsarenrs cHTaNMINGEN
: % yy
<= a y
BIG
a ce
alg a
3 8
Fa a | Sa NOHENCLUSIE RE
Pls ITY E, ‘a
8 ¢ RECORD NOMIeR va aime ‘at A i
zl G i
= APM: i \
a 7-Hes APN: |
; : ! 21947-005F | |
Ones | FLOOD CONTROL | H
" | DISTRICT OF MARICOPA Hl
' | COUNTY |
[" RAY |
'
i ROW,
Ssg-aa'3o" £403.21 me} 4} S09°40'39"E 260.05) — -
= \ SBP AH" E2457,90" (BASS OF BEARING) {PER MEN NUMBER 400-19) \ |
Sw CORNER East Eagle Crest Drive SOUTH AMM CORNEA
SECIION 30 SECTION 30
T2N,, R7E, T.2N, RAE.
BG DESIGNS LLC. in ACCES: - DATE: SCALE
7307 GOUTH HARL AVENUE, SUITE 1 MCIMETRO ACCESS 5-34-24 NTS
. , HUB; PHO BOOTCAMP ae |
TEMPE, ARZONA 85283 .
OFFICE 402-054-9223 CELL SITE; PHO REEF {EXISTING} SEETNG, Bra DW NO.
FAX 602454-060 | FAGLECRESTDR& RED MOUNTAINRD | 30F3 | rzosavuc24n
Page 8 of 8 .
FCD Project: Spookhill FRS and Outlet e APN: 219-17-005F ptn.

FCD Parcel No.: SH-558 ptn. FCD Permit No.: 2021P144