Extracted text (via pymupdf)
16707 characters
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: New River Channelization
FCD Parcel Nos.: R-13A and R-13B
APNs: 142-57-003B and 142-58-0040 ptn.
FCD ROW Use Permit: FRU2400301 (2023P247)
This Non-Exclusive Utility Easement is entered into by and between the following parties
GRANTOR:
GRANTEE:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
WYYERD CONNECT, LLC, a Nevada limited liability company and/or
its successors and assigns
In accordance with GRANTOR'S Board of Directors Resolution 20 I SRO 13 dated October
24, 2018, for the sum of Thirty-Five Thousand One Hundred Twenty-Six Dollars and 40/100
($35,126.40), 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 19920332167, recorded June 18, 1992 and instrument number 19890193645
recorded April 28, 1989 in the official records of Maricopa County ("Burdened Property"). The
granted easement, described on the attached Exhibit "A" and depicted on Exhibit "B"
("Easement"), is for the purpose of constructing, operating, repairing, and maintaining fiber optic
cable on Flood Control District (FCD) property, and appurtenances thereto ( collectively, the
"Facility"), in accordance with FCD Right-of-Way Use Permit No. FRU2400301 ("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
1:egulations, 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 11
400.0l.12_R-13A_OG-UE
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 New River Channelization (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 paii 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 effoti 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 thitiy (30)
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
Page 2 ofll
400,0l.12_R-13A_OG-UE
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, 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 te1mination 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 patty.
This Easement shall run with the land and is binding on all parties.
Page 3 ofll
400.01.12_R-13A_ OG-UE
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
r DocuSJgned by:
L ~;~:;t,:;;""
8/2212024
Paul Baughman, P.E., CFM
Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
~.,,•'.,'"'"""'"·------8-/_1_9/_2_0_2_4_
Alex Smith
Date
Director
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
~;;·""p"',~""'
'5' .. ~. ______
8_/_1_9/_2_0_2_4~
Wayne Peck
Date
District General Counsel
Page 4 ofll
400.0l.12_R-13A_OG-UE
APPROVED
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Chairman of the Board
Date
Printed Name: -------------
ATTEST
Clerk of the Board
Date
Printed Name: -------------
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)
Page 5 of 11
400.0l.12_R-13A_OG-UE
GRANTEE ACCEPTANCE AND APPROVAL:
WYYERD CONNECT, LLC, a Nevada limited liability company, and/or its successors and
assigns
~:~:bytr~s /J~
~9A3@9Qfill{,.cl-Q41-b
... ----------~
Travis Nance
8/16/2024
Cbief Operating Officer
STATE OF ARIZONA
COUNTY OF MARICOPA
)
)ss
)
The foregoing instrument was acknowledged before me this 16th day of August 2024, by Travis
Nance, Chief Operating Officer for Wyyerd Connect LLC, a Nevada limited liability company,
and/or its successors and assigns.
MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Explres Jan. 9, 2027
Notary Stamp Seal
[~~e;"'
...
dbi&y"', 5"
... ~----------
Notary Public (signature)
The notary public certifies that appropriate authorization has beeu issued by the Arizona
Secretary of State to allow electronic notarizations or remote online notarization pursuant
to A.RS. § 41-276. This remote notarial act involved the use of communication technology.
Page 6 of 11
400.0l.12_R-13A_OG-UE
Exhibit "A" - Easement
Attached to Non-exclusive Utility Easement
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Parcel 1
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
WYYERD EASEMENT AREAS
An 8.00 foot wide easement area being a portion of the South half of Section 5, Township 2 North,
Range 1 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, lying 4.00 feet on
each side of the following described centerline:
COMMENCING at a found brass cap in handhole marking the South Quarter Corner of said
Section 5, from which a found brass cap flush marking the Southeast Corner of said Section 5
bears North 87 degrees 36 minutes 14 seconds East, 2640.86 feet, said line being the basis of
bearings;
Thence North 87 degrees 36 minutes 14 seconds East along the South line of said Section 5 a
distance of 549.32 feet to the Easterly line of that certain parcel described in a warranty deed
dated February 5th, 1992 and recorded as document number 1992-332167, records of Maricopa
County Arizona;
Thence North 15 degrees 23 minutes 31 seconds East along said Easterly line a distance of
38.92 feet to the POINT OF BEGINNING;
Thence departing said Easterly parcel line South 86 degrees 54 minutes 11 seconds West a
distance of 331.54 feet;
Thence South 86 degrees 41 minutes 33 seconds West a distance of 154.98 feet;
Thence South 88 degrees 58 minutes 18 seconds West a distance of 19.70 feet;
Thence North 72 degrees 52 minutes 43 seconds West a distance of 39.83 feet;
Thence South 87 degrees 38 minutes 22 seconds West a distance of 15.49 feet to the West line
of the Southeast Quarter of said Section 5 also being the Westerly line of said parcel;
Thence departing said West line South 87 degrees 38 minutes 36 seconds West a distance of
585.88 feet;
Thence North 00 degrees 53 minutes 34 seconds West a distance of 5.18 feet to a point herein
known as Point "A" located on the Southerly right of way line of Glendale Avenue as described in
document 1990-334997 official records of Maricopa County, Arizona also being the POINT OF
TERMINUS.
Said easement contains 9,203 square feet or 0.211 acres more or less.
8/5/2024
PAGE 1 OF 5
239001
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Easement Legal Descrtption_R1 .docx
Page 7 of 11
400.0l.12_R-13A_ OG-UE
Exhibit "A" - continued
Attached to Non-exclusive Utility Easement
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Parcel 2
An 8.00 foot wide easement area being a portion of the South half of Section 5, Township 2 North,
Range 1 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, lying 4.00 feet on
each side of the following described centerline:
Commencing at said point "A"
Thence South 87 degrees 35 minutes 45 seconds West along the Southerly right of way line of
Glendale avenue as described in document 1990-334997 official records of Maricopa County,
Arizona to the POINT OF BEGINNING;
Thence south 00 degrees 02 minutes 28 seconds East a distance of 18.90 feet;
Thence South 87 degrees 12 minutes 06 seconds West a distance of 660.26 feet to the POINT
OF TERMINUS.
Sidelines shall be lengthened or shortened to form one contiguous parcel.
Said easement contains 5,433 square feet or 0.125 acres more or less.
See attached Exhibit "B"
Note: The legal description above is based on recorded documents such as the subject
parcel's deed, adjacent parcel deeds and/or plats. It is not based on a boundary survey of the
subject parcel.
8/5/2024
PAGE 2 OF 5
239001
P:\200\239001 Glendale South MCFD Legal OescripUon\O_PRODUCT!ON\Survey\S05_Legal Descriptlons\239001
Easement Legal Descrlption_R1 .docx
Page 8 of 11
400.0l.12_R-13A_OG-UE
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CITY OF GLENDALE
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Exhibit "B" - continued
Attached to Non-exclusive Utility Easement
LINE TABLE
LINE
BEARING
DISTANCE
L1
NS?' 36' 14"E
549,32'
L2
N15' 23' 31 "E
38,92'
L3
ss5· 54' 11"w
331,54'
L4
S86' 41' 33"W
154,98'
L5
sss· 58' 18"W
19.70'
L6
N72' 52' 43"W
39.83'
L7
S87' 38' 22"w
15,49'
LS
SST 38' 36"W
585.88'
L9
NO" 53' 34"W
5.18'
L10
S87' 35' 45"W
167,65'
L 11
so· 02· 2s"E
18,90'
L12
SB?' 12' 05"w
660,26'
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CITY OF GLENDALE
GLENDALE SOUTH MCFD
SECTION 5, T2N, R1E
LINE AND
WYYERD EASEMENT AREA
DATA TABLE
DATE: D3/27 /24 IREV D:
DRAWN BY: JTPICHK'D: DGFIPG:5 OF 5
FILE: 239001 ESMT RLDWG
Page 11 of 11
400.01.12_ R-13A_ OG-UE