Extracted text (via ocr_local)
11271 characters
When recorded, return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (MDH)
EXEMPT ARS § 11-1134, A2
FCD 1999RO16
NON-EXCLUSIVE UTILITY EASEMENT
FCD Project: Arizona Canal Diversion Channel
FCD Parcel Nos.: T-073, T-074-A, T-075, and
T-100-A
APNs: 200-76-002H, -003, -581, and -988 pins.
FCD Permit No.: 2023P191
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: MCIMETRO ACCESS TRANSMISSION SERVICES 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 ONE THOUSAND FIVE HUNDRED FIFTY DOLLARS and no/100
($1,550.00), and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTOR does hereby grant and convey to GRANTEE a Utility easement in,
upon, over, under, across, through and along a portion of the premises set forth in instrument
numbers 19830055876 recorded February 15, 1983; 19840537508 recorded December 14, 1984;
19930132056 recorded March 05, 1993; and 19840061158 recorded February 14, 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, inspecting,
repairing, and maintaining a telecommunication line, and appurtenances thereto (collectively, the
“Facility”), in accordance with Flood Control District (FCD) Right-of-Way Use Permit No.
2023P191 (“FCD Permit”).
Said Easement is SUBJECT TO ali 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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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 Arizona Canal Diversion Channel (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
GRANTEEF’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
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
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, 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, its officers, employees, agents or
contractors.
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:
Seat Vogel 3/18/2024
Scott Vogel , Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
DocuSigned by:
[ AS— 3/15/2024
FOB12BONS6SN4CG,
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 Pre 3/15/2024
Wayne Peck Date
District General Counsel
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118.01.12_T-073_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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{18.01.12_T-073_OG-UE
GRANTEE ACCEPTANCE AND APPROVAL:
MCIMETRO ACCESS TRANSMISSION SERVICES LLC, a Delaware limited liability
company, and/or its successors and assigns
DocuSigned by:
Dina Dye
Its: Associate Director-Network Regulations/Real Estate
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this 15th day of March 2024, by Dina
Dye, Associate Director-Network Regulations/Real Estate of MCIMETRO ACCESS
TRANSMISSION SERVICES 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 purpose therein contained.
DocuSigned by:
Pac Hetty
2DEGQ62G225R466.
Notary Public (signature)
MONA HERNANDEZ
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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Exhibit “A” - Easement
Attached to Non-exclusive Utility Easement
EXHIBIT A
MCImetro Access
Transmission Services LLC
LEGAL DESCRIPTION
A 10 FOOT WIDE EASEMENT FOR UTILITY CROSSING OF
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
PROPERTY, SITUATED IN THE NORTHEAST QUARTER OF
SECTION 18, TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, SIDELINES OF
SAID CROSSING SHALL BE 5 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE EAST QUARTER CORNER OF SAID
SECTION 18, THENCE ALONG THE EAST LINE OF SAID
NORTHEAST QUARTER SOUTH 89 DEGREES 28 MINUTES 45
SECONDS WEST, A DISTANCE OF 885.33 FEET;
THENCE DEPARTING SAID EAST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 18, NORTH 89 DEGREES 26
MINUTES 49 SECONDS WEST, A DISTANCE OF 58.00 FEET
TO THE POINT OF BEGINNING;
THENCE NORTH 00 DEGREES 33 MINUTES 11 SECONDS
EAST, A DISTANCE OF 754.67 FEET;
THENCE SQUTH 89 DEGREES 26 MINUTES 49 SECONDS
EAST, A DISTANCE OF 17.00 FEET;
THENCE NORTH O00 DEGREES 33 MINUTES 11 SECONDS
EAST, A DISTANCE OF 123.32 FEET TO THE POINT OF
TERMINUS.
SIDELINES TO SHORTENED OR LENGTHENED TO THE
BOUNDARY LINES OF SAID FLOOD CONTROL DISTRICT
PROPERTIES,
SAID AREA CONTAINING 8,948 SQ. FT., MORE OR LESS.
EXPIRES ON 3/31/27
EXHIBIT A
MCI metro
ACCESS TRANSMISSION
SERVICES, LLC
MCimetro Access
Transmission Services LLC
BHUBELL RD TO 67TH AVE
LEGAL DESCRIPTION
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118.61.12_T-073_OG-UE
Exhibit “A” - continued
Attached to Non-exclusive Utility Easement
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: MAP OF EASEMENT
1
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