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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 NON-EXCLUSIVE UTILITY EASEMENT FCD Project: Adobe Dam FCD Parcel Nos.: P-6610 APN: 206-40-002B ptn. FCD Permit No.: 2015P056 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: COX COMMUNICATIONS ARIZONA LLC, a Delaware limited liability company and/or its successors and assigns In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October 24, 2018, for the sum of THREE THOUSAND TWO HUNDRED FIFTY DOLLARS and no/100 ($3,250.00), 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 19780168260, recorded May 19, 1987 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 conduit and a fiber optic line on Flood Control District (FCD) property, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2015P056 (“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 Page | of 10 360.01.12_P-6610_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 Adobe Dam (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 modification whatsoever to the Easement, the Facility, or any appurtenance of GRANTEE located Page 2 of 10 360.01.12_P-6610_OG-UE 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. Page 3 of 10 360.01.12_P-6610_OG-UE RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DocuSigned by: Pash Beughrnan 6/5/2024 5480. Paul Baughman, P.E., CFM Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT ‘DocuSigned by: 6/5/2024 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: Wayne Puck 6/5/2024 Wayne Peck ~ Date District General Counsel Page 4 of 10 360.01.12_P-6610_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 10 360.01.12_P-6610_OG-UE GRANTEE ACCEPTANCE AND APPROVAL: COX COMMUNICATIONS ARIZONA, LLC, a Delaware limited liability company and/or its successors and assigns DocuSigned by: ( dren Thompson. 6/5/2024 F5DC7D307A4F4D65... Jeremy Thompson Manager — Land Use Department STATE OF ARIZONA ) )ss COUNTY OF MARICOPA ; os Sune my, The foregoing instrument was acknowledged before me this 2a" day of Me, 2024 , by Jeremy Thompson, Manager — Land Use Department for Cox Communications Arizona, LLC, a Delaware limited liability company and/or its successors and assigns. MONA HERNANDEZ Notary Public State of Arizona Maricopa County Commission #641366 Are, Roca, My Comm. Expires Jan. 9, 2027 ‘DocuSigned by: Notary Public (signature) 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. Page 6 of 10 360.01.12_P-6610_OG-UE Exhibit “A” - Easement Attached to Non-exclusive Utility Easement NOTE FOR A COX COMMUNICATIONS LINE CROSSING THE MARICOPA COUNTY FLOOD CONTROL DISTRICT LAND NORTHWEST 1/4 SEC. 15, TOWNSHIP 4N., RANGE 2E, OF THE SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA EXHIBIT "A" LEGAL DESCRIPTION ---1.W._ Pinnacle Peak Road | __. i | . 1 Si WET N H g WET N WILD Si WILO i § 2 SITE 2 EASEMENT AREA= pj ne | nn a s 5,463 SQUARE FEET 9 SEC |15 8 OR 0.13 ACRE T.4N, IR.2E xs 1 SS 5 | 5 Zz H Zz H Beer Valley Ra. Alignment VICINITY MAP NTS ALL (R) RECORD, (M) MEASURED AND (C) CALCULATED DIMENSIONS SHOWN ON THIS DRAWING REPRESENT HORIZONTAL GROUND DISTANCES, REPORTED IN U.S. SURVEY FEET AND DECIMALS OF U.S, SURVEY FEET, UNLESS SPECIFICALLY NOTED OTHERWISE. BASIS OF BEARING THE BASIS OF BEARING FOR THIS DRAWING IS THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 2 EAST OF GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, AZ. ' = NORTH 89°33’30” EAST BEARING CERTIFICATION THESE RESULTS ARE BASED ON DATA GATHERED FROM FIELD SURVEY MEASUREMENT WORK PERFORMED UNDER MY OVERALL SUPERVI IS A COX COMMUNICATIONS UNDERGROUND FIBER OPTICS CABLE. By EDWARD Vv. RUIZ pate 28-24-15 NUMBERZ7261_ AZ Expires: 4 [313 SION. THE PURPOSE OF SAID RESULTS OF SURVEY ORAWN BY 7307 SOUTH HARL AVENUE, SUITE 1 TEMPE, ARIZONA 85285. PEUTRS (502)954~2225 FAX (602)954-0601 COX COMMUNICATIONS pate: | SOALE: WET N WILD 08-24-15 NTS 43RD AVE & PINNACLE PEAK RD. |syeer nos |BPG WO NO. PHOENIX, ARIZONA Lor 4 | 15044 Page 7 of 10 360.01.12_P-6610_OG-UE Exhibit “A” - continued Attached to Non-exclusive Utility Easement EXHIBIT "A" LEGAL DESCRIPTION FOR A COX COMMUNICATIONS LINE CROSSING THE MARICOPA COUNTY FLOOD CONTROL DISTRICT LAND NORTHWEST 1/4 SEC. 15, TOWNSHIP 4N., RANGE 2E. OF THE SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA PROJECT: COX COMMUNICATIONS JOB. #41520150000M530099 SITE: WET N WILD 43RD AVENUE & PINNACLE PEAK ROAD PHOENIX, ARIZONA DATE: AUGUST 24, 2015 A 4.00 FOOT WIDE EASEMENT FOR A COX COMMUNICATIONS FIBER OPTICS UNDERGROUND COMMUNICATION CABLE. BEING SITUATED WITHIN A PART OF THE NORTHWEST QUARTER OF THE SECTION 15, TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. SAID 4.00 FOOT WIDE EASEMENT AREA BEING 2.00 FEET ON EACH SIDE OF THE DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15, TOWNSHIP 4 NORTH, RANGE 2 EAST. THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF SECTION 15, ALSO BEING THE CENTERLINE LINE OF WEST PINNACLE PEAK ROAD, A DISTANCE OF 641.23 (C) FEET TO A POINT; THENCE LEAVING THE NORTH LINE OF SAID SECTION 15, SOUTH 00°26'37” EAST A DISTANCE OF 65,00 FEET TO A POINT THAT FALLS ON THE SOUTH RIGHT-OF-WAY LINE OF WEST PINNACLE PEAK ROAD, BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING THE CENTERLINE OF A 4.00 FOOT WIDE COX COMMUNICATIONS EASEMENT, HEREIN DESCRIBED; THENCE SOUTH 00°25’30" EAST A DISTANCE OF 9.54 FEET; THENCE SOUTH 45°26'18” EAST A DISTANCE OF 16.70 FEET; THENCE SOUTH 00°20'37" EAST A DISTANCE OF 254.08 FEET; THENCE SOUTH 89°33'42" WEST A DISTANCE OF 216.82 FEET; (CONTINUED ON SHEET 3 OF 4) COX COMMUNICATIONS ome, | SCALE: WET N WILD 08-24-15 NTS 7307 soum war avoue, sure 1 [43RD AVE & PINNACLE PEAK RD. |saeer nou [BPG pWG NO.: na = 7 RE em PHOENIX, ARIZONA Zor 4 | _B15044 Page 8 of 10 360.01.12_P-6610_OG-UE Exhibit “A” - continued Attached to Non-exclusive Utility Easement EXHIBIT "A" LEGAL DESCRIPTION FOR A COX COMMUNICATIONS LINE CROSSING THE MARICOPA COUNTY FLOOD CONTROL DISTRICT LAND NORTHWEST 1/4 SEC. 15, TOWNSHIP 4N., RANGE 2E. OF THE SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA (CONTINUED FROM SHEET 2 OF 4) THENCE SOUTH 79°02'44” WEST A DISTANCE OF 42.08 FEET; THENCE SOUTH 11°13’05" EAST A DISTANCE OF 32.28 FEET; THENCE SOUTH 00°00'00” WEST A DISTANCE OF 379.25 FEET; THENCE SOUTH 00°00'38" EAST A DISTANCE OF 335.00 FEET; THENCE SOUTH 90°00'00" EAST A DISTANCE OF 55.00 FEET; THENCE NORTH 00°00’00” OF TERMINATION (P.O.T.). SAID 4.00 WIDE EASEMENT AREA CONSISTS OF 5,463.00 SQUARE FEET OR 0.13 ACRE. EAST A DISTANCE OF 25.00 FEET TO THE POINT COX COMMUNICATIONS WET N WILD 7307 sour wet venue, sure 1 [43RD AVE & PINNACLE PEAK RD. kay a pate PHOENIX, ARIZONA DATE: SCALE: 08-24-15 NTS SHEET NO.:|BPG DWG NO. 3 or 4 | 15044 Page 9 of 10 360.01.12_P-6610_OG-UE Exhibit “A” - continued Attached to Non-exclusive Utility Easement EXHIBIT "A" LEGAL DESCRIPTION FOR A COX COMMUNICATIONS LINE CROSSING THE MARICOPA COUNTY FLOOD CONTROL DISTRICT LAND NORTHWEST 1/4 SEC. 15, TOWNSHIP 4N., RANGE 2E. SCALE: NTS 15044 =z ° = a o 5 OF THE SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA g| alse N.W. COR. S| €a[.5 SECTION 15, T.4N, R.2E N 1/4 COR. =| oe |e FND. 4"MC BC IN HH’ . FND. 2” COP i< 2 POINT OF COMMENCEMENT W. Pinnacle Peak Road BC FLUSH 3g a] an . 2 ” on _esrgott) 5 CASS OF so) MCSE) Tw Ny % 641.23(C) ui ___ 1973.17 (R) is} as ; 2 .0.B. <A Ao | WET }-—S00°18'47"E iS B g P 1 N = 329.83 tas STATE LAND z zB »| ' et : : LINE TABLE Saaz | L7—4 NBSS270"E 65787" |g LINE [LENGTH] BEARING | |S 5 25 i RIS Li [65.00 | soor26's7"e | Xk > m ols i ca i2_| 9.54 | soo2s’30"e | 5 a | 8 2} —— CENTERLINE “10. L3_| 16.70 | $45°26'18"E 2 5|¢ i OF COX m L4 | 254.08 |_s00'20°37"E + Zig 1 COMMUNICATIONS eee == | I EASEMENT S| 216.82 | s89°33'42"w wal ~! us _ | 42.08 | s79°02"44"w oe fu i L7_| 32.28 | $11°13'05"E 5<8 gis ot Ses L8_| 379.25 | soo'00’00"w Pe B/S 3 ADOBE DAM Xe. L9_| 335.00 | s00'00"38"E 228 Ziz pro : YoXe, [Lid [55.00 _|"sg0‘00"00"E aut | B LLU MARICOPA COUNTY o E11] 25.00 | Noo‘90"00"E Rag L10 FLOOD CONTROL A | DISTRICT PROPERTY H Yj N89°28'19"E 658.71" DRAWN BY Page 10 of 10 360.01.12_P-6610_OG-UE