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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: Arizona Canal Diversion Channel Reach 4 FCD Parcel No.: T-445 APN: 160-17-090A ptn. FCD Permit No.: 2013P044 This Non-Exclusive Utility Easement is entered into by and between the following parties and becomes effective as of the date of recordation with the Maricopa County Recorder. GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona GRANTEE: ZAYO GROUP, 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 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 number 19820187576, recorded June 17, 1982 in the official records of Maricopa County (“Burdened Property”). The granted easement, described on the attached Exhibit “A” (“Easement”), is for the purpose of placing fiber optic cable using aerial poles on Flood Control District (FCD) property, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2013P044 (“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. Page | of 8 118.01.12_T-445_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 Arizona Canal Diversion Channel Reach 4 (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 Page 2 of 8 118.01.12_T-445_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. Page 3 of 8 118.01.12_T-445_OG-UE RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY ‘DocuSigned by: Scott Vogel 3/29/2024 7AB31702861140A Scott Vogel Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT DocuSigned by: | Ae 3/28/2024 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: [ ag Pu 3/28/2024 CO463N0DE44C4E5 Wayne Peck Date District General Counsel Page 4 of 8 118.01.12_T-445 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 8 118.01.12_T-445_OG-UE GRANTEE ACCEPTANCE AND APPROVAL: ZAYO GROUP, LLC, a Delaware limited liability company, and/or its successors and assigns ‘DocuSigned by: By Gillian. Lexthan 3/28/2024 Gillian Leytham, Vice President, Underlying Rights Date STATE OF ARIZONA ) )ss COUNTY OF MARICOPA.) The foregoing instrument was acknowledged before me this 28" day of March, 2024, by Gillian Leytham its Vice President, Underlying Rights of ZAYO GROUP, LLC, a Delaware limited liability company, and/or its successors and assigns on behalf of the company being duly authorized to execute the foregoing instrument for the purposes therein contained. MONA HERNANDEZ Notary Public State of Arizona Maricopa County Commission #641366 Ave, Hever 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 8 118.01.12_T-445_OG-UE Exhibit “A” - Easement Attached to Non-exclusive Utility Easement Exhibit “A” Parcel No. 160-17-090A. Project No. 118.01.12 Arizona Canal Diversion Channel Reach 4 Item No. T-445 LEGAL DESCRIPTION A parcel of land in the Northeast Quarter of Section 4, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and being more particularly described as follows: Commencing at the North Quarter corner of said Section 4 from which the Northwest corner of said Section 4 bears North 87°31'05" East, for a distance of 2632.03 feet; THENCE South 87°31'05" West, for a distance of 1485.46 feet; THENCE South 02°28'55" East, for a distance of 60.12 feet; THENCE South 02°02'33" East, for a distance of 39.81 feet to the Point of Beginning; THENCE South 02°02'33" East, for a distance of 2.39 feet; THENCE South 89°16’29” East, for a distance of 75.69 feet; THENCE North 02°02'33" West, for a distance of 2.66 feet; THENCE North 89°16’29” West, for a distance of 75.69 feet to the Point of Beginning, The above described parcel contains 191 square feet or 0.0044 acres, more or less, and is depicted on attached Exhibit "B". MARICOPA COUNTY FLOOD CONTROL DEPARTMENT Prelim: 02/06/2024 CW | Chk: Appr: Rev: Maricopa County Real Estate Department Page 1 of 1 Page of Page 7 of 8 118.01.12_T-445_OG-UE Exhibit “A” - continued Attached to Non-exclusive Utility Easement Exhibit "B" Not to Scala N NW 1/4 SEC. 4 T2N, R3E >) SUBJECT. |. ~ EASEMENT 160-08-001F 2632,03' (3) \ —— Brat os 140846 160-17-090B NORTHERN AVENUE a al --at7 |___N 89°28'51" W_75.69' S$ 89°1629°E 75.69" tH Ny 160-17-090A NO. BEARING LENGTH Li S 02°28'55" E 60.12" L2 $ 00°02'33" E 39.81" L3 $ 00°02'33" E 2.39" L4 N.00°02'33" W 2.66" Area: 191 square feet or 0.0044 acres 1 of1 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY APN 160.17.090A ARIZONA CANAL DIVERSION CHANNEL REACH 4 PROJECT No. 1148.01.12 ITEM No, T-445 DATE 02/13/2024 RW JR. Tech CW Page of Page 8 of 8 118.01.12_T-445_OG-UE