A1. 121.01.12_M-2153-1_OG-UE.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: East Maricopa Floodway Reach 3
FCD Parcel No.: M-2153-1

APN: 304-70-015B ptn.

FCD Permit No.: 2006P044

This Non-Exclusive Utility Easement is entered into by and between the following parties

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona

GRANTEE: QWEST CORPORATION, a Colorado corporation dba CENTURYLINK
QC and/or its successors and assigns

In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for the sum of One Thousand Four Hundred Forty-Three Dollars and no/100
($1,443.00), 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 in, upon, over, under, across, through and along a portion of the premises set forth in
instrument number 19770280780, recorded September 28, 1977 in the official records of Maricopa
County (“Burdened Property”). The granted easement, described on the attached Exhibit “A”
(“Easement”) and depicted on Exhibit “B”, is for the purpose of constructing, operating, repairing,
and maintaining an underground communication line on Flood Control District (FCD) property,
and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way
Use Permit No. 2006P044 (“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
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.

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121.01.12_M-2153-1_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 East Maricopa Floodway Reach 3 (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 part 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 effort 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 thirty (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

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121.01.12_M-2153-1_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 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 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 party.

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

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121.01.12_M-2153-1_OG-UE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:
Pad Baughnen, 7/19/2024

Paul Baughman, P.E., CFM Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:
[ AS— 7/19/2024

Alex Smith Date
Director

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

State of Arizona.

‘DocuSigned by:

Way Prk 7/19/2024
Wayne Peck Date

District General Counsel

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121.01.12_M-2153-1_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)

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121.01.12_M-2153-1_OG-UE

GRANTEE ACCEPTANCE AND APPROVAL:

QWEST CORPORATION, a Colorado corporation dba CENTURYLINK QC, and/or its
successors and assigns

‘DocuSigned by:
{ stan Giusy 7/19/2024

5849054B0573444.

Shaun Giesler, Manager Network ROW, NIS

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this 19" day of July 2024, by Shaun
Giesler, Manager Network ROW, NIS for QWEST CORPORATION, a Colorado corporation
dba CENTURYLINK QC, and/or its successors and assigns.

Notary Public (signature)

MONA HERNANDEZ
Notary Public
State of Arizona
Maricopa County
Commission #641366
My Comm. Expires Jan. 9, 2027

Notary Stamp Seal

The notary public certifies that appropriate authorization has been issued by the Arizona
Secretary of State to allow electronic notarizations or remote online notarization pursuant
to A.R.S. § 41-276. This remote notarial act involved the use of communication technology.

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121.01.12_M-2153-1_OG-UE

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

EXHIBIT A

A 30.00 feet wide easement located In a portion of the Northeast quarter of Section
15, Township 2 South, Range 6 East of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona, said 30.00 feet easement being 15.00 feet on each side of
the following described centerline;

COMMENCING at the Northeast corner of said Section 15, which bears North 00 degrees
04 minutes 08 seconds East 1334.91 feet from the Southeast corner of the Northeast
quarter of the Northeast quarter of said Section 15;

Thence along the East line of the Northeast quarter of said Section 15, South 00
degrees 04 minutes 08 seconds West 77.68 feet;

Thence South 89 degrees 51 minutes 24 seconds West 42.31 feet to a point on the
Northeasterly property line of that parcel described in Quit Claim Deed No.
2009-—0274968, records of Maricopa County, Arizona;

Thence South 89 degrees 51 minutes 24 seconds West 1345.65 feet;

Thence North 64 degrees 07 minutes 32 seconds West 11.99 feet to a point on the
West line of said Quit Claim Deed, said point being the POINT OF BEGINNING of said
easement centerline;

Thence North 64 degrees 07 minutes 32 seconds West 166.03 feet to a point on the
North line of the Northeast quarter of said Section 15, said point being the POINT OF
TERMINUS.

Comprising 0.114 acres or 4,981 square feet, subject to all easements of record.

CENTURY LINK JOB NO,: FLOOD | REFERENCE DOCUMENTS STATEWIDE SERVICE IN ARIZONA
SECTION: 15 DEEDS (R) M.C.R. wwwalllancelandsurveying.com
TOWNSHIP: 2 SOUTH 1, DOC. 09-0274968
RANGE: 6 EAST 2. DKT. 12456 PG. 860 7900 N. 70it AVENUE TEL (629) 972-2200
DATE: JULY 12, 2016 ALLIANCE SUE 104 FAX (628) 972-1618
SHEET 1 OF 2 LAND BURVEYING, LLo GLENDALE, AZ 85303

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121.01.12_M-2153-1_OG-UE

Exhibit “B”
Attached to Non-exclusive Utility Easement

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