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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: Powerline Floodway
FCD Parcel No.: F-2520
APN: 304-34-980 ptn.
FCD Permit No.: 2016P136
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: 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 19670191358,
recorded January 27, 1967 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 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. 2016P136 (“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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311.01.12_F-2520__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 Powerline Floodway (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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311.01.12_F-2520__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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311.01.12_F-2520__ OG-UE
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
DocuSigned by:
Scott Vogel 3/29/2024
Scott Vogel Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
DocuSigned by:
an 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:
Wayne Puck 3/28/2024
9483D0DE44C4E5.
Wayne Peck Date
District General Counsel
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311.01.12_F-2520__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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311.01.12_F-2520__OG-UE
GRANTEE ACCEPTANCE AND APPROVAL:
ZAYO GROUP, LLC, a Delaware limited liability company, and/or its successors and assigns
DocuSigned by:
By: Gillian, Lexfleam 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, Hovarde,
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.
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311.01.12_F-2520__OG-UE
Exhibit “A” - Easement
Attached to Non-exclusive Utility Easement
EXHIBIT A
Legal Description
That portion of the Southwest Quarter of Section 22 Township 1 South, Range 7 East of the Gila
and Salt River Meridian, Maricopa County, Arizona, more patticulatly described as follows:
Commencing at the Southwest corner of said Section 22, from which the South Quarter corner of
said Section 22 bears S89°38°15”E, a distance of 2647.04 feet;
THENCE along the South line of the Southwest Quarter of said Section 22, 89°38’ 15"E, a
distance of 53.04 feet to the POINT OF BEGINNING;
THENCE leaving said South line, N00°29°48"R, a distance of 40.00 feet to the South line of
Tract A. as shown on “Eastmatk ~ Phase 1”, a Map of Dedication recorded in Book 1117 of
Maps, Page 47, Records of Maricopa County, Arizona;
THENCE along the South line of said Tract A, $89°38'15”E, a distance of 8.00 feet;
THENCE leaving said South line of Tract A, S00°29’48"W, a distance of 40.00 feet to the South
line of said Southwest Quarter of Section 22;
THENCE along the South line of said Southwest Quarter of Section 22, N89°38'15"W, a
distance of 8,00 feet to the POINT OF BEGINNING,
Said parcel contains 320 sq. ft. more or less.
Expires: 9/30/2018
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311.01.12_F-2520__OG-UE
Exhibit “A” - continued
Attached to Non-exclusive Utility Easement
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311.01.12_F-2520__OG-UE
Exhibit “A” - continued
Attached to Non-exclusive Utility Easement
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311.01.12_F-2520__ OG-UE