B1. 121.01.12_M-2165-10_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 Nos.: M-2165-10; M-2149; M-2150-
02, and M-2150-F

APNs: 304-77-010A; 304-77-009A; 304-79-956;
304-79-957; and 304-79-958 ptn.

FCD Permit No.: 2010P040

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 d/b/a
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 SIX HUNDRED DOLLARS and no/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 in, upon, over, under,
across, through and along a portion of the premises set forth in instrument numbers 19820195754,
recorded June 24, 1982; 19740017907, recorded January 24, 1974; 19750156885, recorded July
11, 1975; 19840406945, recorded September 17, 1984 in the official records of Maricopa County
(“Burdened Property”). The granted easement, described on the attached Exhibit “A”
(“Easement”), is for the purpose of constructing, operating, repairing, and maintaining a
communication line on Flood Control District (FCD) property, and appurtenances thereto
(collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2010P040
(“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

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121.01.12_M-2165-10_OG-UE

record, or not of record, that could be disclosed by a visual inspection or accurate survey of the

real property.

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.

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After the installation of GRANTEE’S Facility in accordance with said FCD Permit, any
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 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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RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

‘DocuSigned by:
Pad Baughman, 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
}2BODSE5D4

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:

Wayne Pte 7/19/2024

Wayne Peck Date
District General Counsel

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121.01.12_M-2165-10_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-2165-10_OG-UE

GRANTEE ACCEPTANCE AND APPROVAL:

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

DocuSigned by:

[ saw. Gulu 7/19/2024

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 d/b/a
CENTURYLINK QC, and/or its successors and assigns.

DocuSigned by:

orm
20: 58405
MONA HERNANDEZ Notary Public (signature)
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-2165-10_OG-UE

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

FCDMC PARCELS-
APN 304-77-010, 304-77-009, 304-77-004A, 304-77-004C, 304-77-004G

LEGAL DESCRIPTION
FOR QWEST EASEMENT

CHANDLER HEIGHTS ROAD EAST OF GREENFIELD ROAD
TOWN OF GILBERT

That portion of a parcel of land located in the SOUTHWEST QUARTER of SECTION 22,
TOWNSHIP 2 SOUTH, RANGE 6 EAST of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona, being more particularly described as follows:

COMMENCING at the SOUTHWEST CORNER OF said SECTION 22, being monumented with a
Town of Gilbert Brass Cap in hand hole, from which the WEST QUARTER CORNER of said
SECTION 22, being monumented with an aluminum cap found flush, bears North 00° 06’ 36”
West a distance of 2693.53 feet, sald line being the West line of the Southwest Quarter of said

Section 22 and the basis of bearings for this description;

Thence along the South line of said Southwest Quarter of Section 22, North 89° 47' 49” East a
distance of 39.30 feet to a point on the Easterly right-of-way line of the Roosevelt Water

Conservation District Canal;

Thence along said right-of-way line, North 42° 30’ 49” East a distance of 58,80 feet to the POINT
OF BEGINNING;

Thence continuing along sald right-of-way line, North 42° 30’ 49” East a distance of 10.89 feet to
a point on a line parallel with and 49.00 feet distant from said South line of the Southwest Quarter;

Thence along last-mentioned parallel line, North 89° 47’ 49” East a distance of 17.46 feet;

Thence North 00° 12’ 11” West a distance of 8.00 feet to a point on a line parallel with and 57.00
feet distant from said South line of the Southwest Quarter; .

Thence along last-mentioned parallel line, North 89° 47’ 49” East a distance of 569.11 feet;

Thence South 59° 14’ 22” East a distance of 34.99 feet to a point on a line parallel with and 39.00
feet distant from sald South line of the Southwest Quarter;

Thence along last-mentioned parallel line, North 89° 47’ 49” East a distance of 23.89 feet to a
point on the East line of Parcel No. 3 as described in Document # 1984-0406945;

Thence South 00° 12’ 21" East a distance of 8.00 feet to a point on a line parallel with and 31,00
feet distant from said South line of the Southwest Quarter;

Thence along last-mentioned parallel line, South 89° 47’ 49” West a distance of 26.11 feet;

Thence North 59° 14’ 22” West a distance of 34.99 feet to a point on a line parallel with and 49.00
feet.distant from said South line of the Southwest Quarter;

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

Thence along last-mentioned parallel line, South 89° 47’ 49” West a distance of 558.89 feet;

Thence South 00° 12’ 11” East a distance of 8.00 feet to a point on a line parallel with and 41.00
feet distant from sald South line of the Southwest Quarter;

Thence along last-mentioned parallel line, South 89° 47’ 49” West a distance of 32.85 feet to the
POINT OF BEGINNING.

Containing an area of 5,257 SQUARE FEET or 0.121 ACRES, more or less.

ACI,
EXPIRES oo

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121.01.12_M-2165-10_OG-UE

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

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EXISTING @ POWER POLE ESMT @ ROCKWELL ST.
(FND. B.C, FLUSH)
1 RECORD POSITION BASED ON

PER DOC, 6281/424
(UNDETERMINED WIDTH)

- HISTORIC MONUMENT LOCATION
3 S % COR. SEC. 22

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SEC. 22 T.2S.,R.6E.

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2695.55 TOWN OF GILBERT
GREENFIELD AT CHANDLER HEIGHTS
SECTION 22, T.2S., R.6E.

Entellus" QWEST EASEMENT

2255 N. 44th Street Suite 125
Phoenix. AZ 86008.8279 DATE: 5/17/10 _JREVD: 09/23/10

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