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When recorded, return to: Flood Control District of Maricopa County 2801 West Durango Street Phoenix, AZ 85009 (MDC) EXEMPT ARS § 11-1134, A2 FCD 1999R016 UTILITY EASEMENT FCD Project: Indian Bend Wash Outlet FCD Parcel No.: N-2614 APN: 132-09-001B ptn. FCD Permit No.: 2018P120 This 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: COX COMMUNICATIONS ARIZONA, LLC a Delaware limited liability company, and/or its successors and assigns In accordance with GRANTOR’S Board of Director Resolution 2018R013, for and in consideration of the sum of Five Thousand Nine Hundred and 00/100Dollars ($5,900.00), 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 a communications line, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2018P120 (“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. FCD Agency Outgrant Template w ROW Use Permit - Easement Approved 04-02-2021 W Peck, MCAO Page 1 of 7 This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to 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 (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 (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 7 FCD Project: Indian Bend Wash Outlet APN: 132-09-001B ptn. FCD Parcel No.: N-2614 FCD Permit No.: 2018P120 FCD Agency Outgrant Template w ROW Use Permit - Easement Approved 04-02-2021 W Peck, MCAO 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. In addition, GRANTEE shall not assign this Easement to another party without GRANTOR’S written consent. This Easement shall run with the land and is binding on all parties. Page 3 of 7 FCD Project: Indian Bend Wash Outlet APN: 132-09-001B ptn. FCD Parcel No.: N-2614 FCD Permit No.: 2018P120 FCD Agency Outgrant Template w ROW Use Permit - Easement Approved 04-02-2021 W Peck, MCAO GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: Clebe 15, 2021 Michael A. Fulton Date Jack Sellers Date Director Chairman of the Board ATTEST: 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 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 William D. Wiley, P.E. Date Real Estate Chief Officer Maricopa County 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 7 FCD Project: Indian Bend Wash Outlet APN: 132-09-001B ptn. FCD Parcel No.: N-2614 FCD Permit No.: 2018P120 FCD Agency Outgrant Template w ROW Use Permit - Easement Approved 04-02-2021 W Peck, MCAO GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RECOMMENDED FOR APPROVAL: APPROVED: SIGNED IN COUNTERPART SIGNED IN COUNTERPART Michael A. Fulton Date Jack Sellers 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 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) Pity Sa DEPARTMENT APPROVAL: ll lege Smith 10/4/2021 Alex Smith - Date Director Maricopa County Real Estate Department APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. A District General Counsel Date: May 18, 2021 Page 4 of 7 FCD Project: Indian Bend Wash Outlet APN: 132-09-001B ptn. FCD Parcel No.: N-2614 FCD Permit No.: 2018P120 FCD Agency Outgrant Template w ROW Use Permit - Easement Approved 04-02-2021 W Peck, MCAO GRANTEE ACCEPTANCE AND APPROVAL: COX COMMUNICATONS ARIZONA, a Delaware limited liability company and/or its successors and assigns Susam Cab? Susan Anable, Vice President of Government/Public A ffairs Cox Communications Arizona, LLC GEER PATRICK GRADY MCFALL ly \a\ Notary Public - Arizona STATE OF ARIZONA ) EY) ison cay NK, Commission # 600986 )ss ~My Comm. Expires Apr 23, 2025 COUNTY OF MARICOPA ) A > The foregoing instrument was acknowledged before me this LS day of L Lok a 2021, by Susan Anable, Vice President of Government/Public Affairs Cox Communications Arizona, LLC and/or its successors and assigns My Commission Expires A /g9/, W075. ran t— —=s on N) / Notary Public (signa’ Page 5 of 7 FCD Project: Indian Bend Wash Outlet APN: 132-09-001B ptn. FCD Parcel No.: N-2614 FCD Permit No.: 2018P120 FCD Agency Outgrant Template w ROW Use Permit - Easement Approved 04-02-2021 W Peck, MCAO EXHIBIT "A" LEGAL DESCRIPTION FOR COX COMMUNICATIONS UNDERGROUND CABLE EASEMENT ACROSS MARICOPA COUNTY FLOOD CONTROL DISTRICT LOCATED IN THE SW 1/4, NE 1/4, SECTION 11, TOWNSHIP 1 NORTH RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, AZ East McKellips Road as 2 e TOTAL AREA= & xe 2,489 SQUARE FEET 8 OR 0.06 ACRE 3| SITTE—~—-y @ SEC.} 11 s £ TIN, }R4E = 5 Ps Zz > a Brown Road (Alignment) NOTE VICINITY MAP ALL (R) RECORD, (M) MEASURED AND (C) CALCULATED DIMENSIONS SHOWN ON THIS DRAWING REPRESENT HORIZONTAL GROUND DISTANCES, REPORTED IN INTERNATIONAL SURVEY FEET AND DECIMALS OF U.S. INTERNATIONAL FEET, UNLESS SPECIFICALLY NOTED OTHERWISE. BASIS OF BEARING THE BASIS OF BEARING FOR THIS DRAWING IS THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. BASIS OF BEARING= NO1°16°36"E (R) PER M.C.R, PLAT BOOK 1046, PAGE 29 CERTIFICATION THESE RESULTS ARE BASED ON DATA GATHERED FROM FIELD SURVEY MEASUREMENT WORK PERFORMED UNDER MY OVERALL SUPERVISION. THE PURPOSE OF SAID RESULTS OF SURVEY IS A COX COMMUNICATIONS EASEMENT. By EDWARD Vu VU zpate C1L-25-! SyuMBerZ7ZS 1 az — Enpires: 6 (20/20 COX COMMUNICATIONS DATE: SCALE: SINGH oORGANIC SOILS. (275844) 01-25-18 N.TS. 7307 SOUTH HARL AVENUE, SUITE 14 . SHEET NO.:|BPG DWG NO.: onan By MR visioe erase Sete TEMPE, ARIZONA 1 oF 3. | 101800173 EXHIBIT "A" LEGAL DESCRIPTION FOR COX COMMUNICATIONS UNDERGROUND CABLE EASEMENT ACROSS MARICOPA COUNTY FLOOD CONTROL DISTRICT LOCATED IN THE SW 1/4, NE 1/4, SECTION 11, TOWNSHIP 1 NORTH RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, AZ SITE: SINGH ORGANIC SOILS 1490 EAST WEBER DRIVE TEMPE, ARIZONA REFERENCE: COX COMMUNICATIONS — JOB 18-273844 DATE: JANUARY 25, 2018 SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN. A_6.00 FOOT WIDE EASEMENT AREA, BEING 3.00 FEET ON EACH SIDE OF FOLLOWING DESCRIBED CENTERLINE: COMMENCING (P.0.C.) AT THE EAST QUARTER CORNER OF SAID SECTION 11; THENCE ALONG THE EAST—WEST MIDSECTION LINE OF SAID SECTION 11, BEING THE CENTERLINE OF EAST WEBER DRIVE, NORTH 89°48'15” WEST, A DISTANCE OF 1293.37 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND OWNED BY THE MARICOPA COUNTY FLOOD CONTROL DISTRICT, RECORDED AS DEED #11392-0393, MARICOPA COUNTRY RECORDS, ARIZONA; THENCE FOR A TIE, ALONG THE EAST PROPERTY LINE OF SAID PARCEL, NORTH 00°53'29' EAST, A DISTANCE OF 153.38 FEET TO A POINT; THENCE LEAVING THE EAST PROPERTY LINE OF SAID PARCEL, NORTH 89°06'24" WEST A DISTANCE OF 8,59 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; THENCE NORTH 00°53'29" EAST, A DISTANCE OF 404.80 FEET; THENCE NORTH 89°06'24” WEST, A DISTANCE OF 10.01 FEET TO THE POINT OF TERMINATION. SAID 6,00 FOOT WIDE EASEMENT CONSIST OF 2,489.00 SQUARE FEET OR 0.06 ACRE. COX COMMUNICATIONS DATE: SCALE: SINGH ORGANIC SOILS (773844) 01-25-18 N.T.S. wn 7307 SOUTH HARL AVENUE, SUITE | 1490 E. WEBER DRI SHEET NO.: [BPG DWG NO.: PRA OF 5 pi TEMPE, ARIZONA 2 oF 3 | 101800173 EXHIBIT "A" LEGAL DESCRIPTION FOR COX COMMUNICATIONS UNDERGROUND CABLE EASEMENT ACROSS MARICOPA COUNTY FLOOD CONTROL DISTRICT LOCATED IN THE SW 1/4, NE 1/4, SECTION 11, TOWNSHIP 1 NORTH RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, AZ ‘ N89'50°59"E_2639.52’ (R) J. Nee East McKellips Road se gteon NE. COR, $89°54'32"E SEC. 11, TIN, R4E. 653.64" FND. BC IN HH ES} 2 mI oO + wo @| MARICOPA COUNTY FLOOD CONTROL DISTRICT PROPERTY ot DEED #11392-0393 & APN 132-09-001B ap wu mye 8! ols ‘© 3] 5 LINE TABLE a LINE [LENGTH] BEARING v <q ~ £11153.38] N00°S3'29"E wr! a js L2| _8.59/ Ngg‘06'24"w] OT BIg L3/404.80| Nooss'zo’e} O°" fi B ob L4] 10.01] Ng9'06’24"W 3 oH! n a\s nl = a Z “ig CENTER OF PROPOSED -~! be COX COMMUNICATIONS P.0.C, U.G. CABLE E. 1/4 COR. 4 SEC. 11, TIN, RAE, | P.0.B: “IN FND. BC IN HH La} N89'49'21"W__ 865,93" 1293.37", East Weber Drive N89'48'15"W (R) COX COMMUNICATIONS ) DATE: SCALE: SINGH ORGANIC SOILS (273844)| 01-25-18 | NTS. DRAWN By, Fewer ant SUE, | 1490 E. WEBER BRE SHEET NO.: |aPG DWG NOs BS (602)954~2223 FAX (602)954-0601 TEMPE, ARIZONA 3 OF 3 101800173