A1. 121.01.12_M-2167-1_OG-UE.PDF

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: East Maricopa Floodway Reach 4
FCD Parcel Nos.: M-2167-1 and M-2167-3
APN: 304-49-008V ptn.

FCD Permit No.: 2012P064

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: QWEST CORPORATION, a_ Colorado corporation d/b/a
CENTURYLINK QC, and/or its successors and assigns

Tn accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for the sum of SIX THOUSAND ONE HUNDRED TWENTY-NINE DOLLARS
and no/100 ($6,129.00), 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 19890143700, recorded March 30, 1989 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
communications conduit on Flood Control District (FCD) property, and appurtenances thereto
(collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2012P064
(“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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121.01.12_M-2167-1_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 East Maricopa Floodway 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
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

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121.01.12_M-2167-1_OG-UE

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 GRANTEEP’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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121.01.12_M-2167-1_OG-UE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:
Seat Vogu, 2/21/2024

Scott Vogel Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

‘DocuSigned by:
}2BODSE5D.

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:
| Wana Pu 2/21/2024

Wayne Peck Date
District General Counsel

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121.01.12_M-2167-1_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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121.01.12_M-2167-1_OG-UE

GRANTEE ACCEPTANCE AND APPROVAL:

QWEST CORPORATION, a Colorado corporation d/b/a CENTURYLINK QC and/or its
successors and assigns

‘DocuSigned by:
(Slaw. Gide 2/21/2024

Shaun Giesler, Manager Network ROW, NIS

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this 21%‘ day of February,

2024 , by Shaun Giesler, Manager Network ROW, NIS for QWEST Corporation, a Colorado
corporation d/b/a CENTURYLINK QC, and/or its successors and assigns.

MONA HERNANDEZ
Notary Public

State of Arizona

Maricopa County ‘DocuSigned by:
Commission #641366 KK, Ronan,

My Comm. Expires Jan. 9, 2027
\—ansans2c2258465.
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.RS. § 41-276. This remote notarial act involved the use of communication technology.

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121.01.12_M-2167-1_OG-UE

Exhibit “A” - Easement
Attached to Non-exclusive Utility Easement

PARCEL
LEGAL DESCRIPTION
FOR
CENTURYLINK EASEMENT

A portion of PARCEL M-2167-1 and PARCEL M-2167-3 as shown in Docket 14242, Page 1258, records of
Maricopa County, Arizona and being a portion of the Northeast quarter of Section 36, Township 1 South,
Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly
described as follows;

COMMENCING at a brass cap in handhole marking the Northeast comer of said Section 36 which bears from
a brass cap in handhole marking the North quarter comer of said Section 36 North 89 degrees 30 minutes 30
seconds East 2624.26 feet;

Thence along the East line of said Section 36 South 00 degrees 53 minutes 13 seconds East 33.00 feet to
the POINT OF BEGINNING;

thence continuing along said East line South 00 degrees 53 minutes 13 seconds East 109.40 feet;

thence South 89 degrees 06 minutes 47 seconds West 4.74 feet;

thence South 00 degrees 53 minutes 13 seconds East 399.08 feet to a point on the South line of Parcel
M-2167-1 as described in Docket 14242, Page 1258 and shown in Book 212 of Maps, Page 22, records of
Maricopa County, Arizona;

thence along said South line South 58 degrees 57 minutes 05 seconds West 11.57 feet:

thence North 00 degrees 53 minutes 13 seconds West 404.89 feet;

thence South 89 degrees 06 minutes 47 seconds West 18.26 feet;

thence North 00 degrees 53 minutes 13 seconds West 109.62 feet:

thence North 89 degrees 30 minutes 30 seconds East 33.00 feet fo the POINT OF BEGINNING.

The above described parcel contains a computed area of 7633.65 square feet or 0.175 acres, more or less.

CENTURYLINK JOB NO.: E.400517 | REFERENCE DOCUMENTS STATEWIDE SERVICE IN ARIZONA
SECTION: 36 SURVEYS (R) M.C.R. wwwalllancelandsurveyingcom
TOWNSHIP: 1 SOUTH 1, PLAT BK. 212 PG. 22
RANGE: 6 EAST DEED () Mon 7800 Ni 7oth AVENUE TEL (uss) s72-2200
DATE: FEBRUARY 8 2013 OF ne SUITE FAX (629) 972-1
SHEET 1 OF 2 2 OKT, 14242 PG. 1258) ALLIANCE GieNpALe Az 65909

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121.01.12_M-2167-1_OG-UE

Exhibit “A” - continued

Attached to Non-exclusive Utility Easement

NE. COR. SEC, 36, T-1S. R-6E,
POINT OF COMMENCEMENT
33'_R,
Ri & R2)
_ WILLIAMS FIELD 4 ROAD _' ;
N 89°30'30" E ~ 2624.26" g | Neh RE (con
aw RM Ble x Tis POINT OF BEGINNING
N. 1/4 COR. SEC, 36, 33° R, eo tow
go 1 33'_CENTURYLINK
T-1S, R-GE. (Rt & R2) . 8 Se sENENT
1 113!
R 7}
iY
LF J I7TT APN. 304~49-008-U
d = os yon M=2167-3 (R2)
@ Mm in
: uN
‘ a | ies
<< 1%
N 18
r E. LINE, SEC. 36
( PARCEL LINE tt TAS, RE
NTS. "Nog
Se
AP.N. 304-49-008-U "
LINE _| BEARING DISTANCE Pare ER) _HL 10" ceNTURYLNK
Li S 0053513" E 355.00" it] EASEMENT
L2_ |S 005515" E 109.40" ig
L3___| S 6906'47" W 4.74" 1i[t
L4 S 0053515" E 399.08" Wit,
L5__| S 585705" W 11.57" Wis
L6_ | N 005313" W 404.89" hijis
L7__| S 890647" W 18.26" a ES)
La N 005313" W 109.62" | S. LINE, PARCEL M-2167-1
“9 | N 89°30°30" E 355.00" (RI & R2)
el¥
FND BRASS CAP IN HANDHOLE 1} a
CENTERLINE —A—
RIGHT-OF-WAY LINE —wn—
PROPERTY LINE PA
EASEMENT LINE 9 mmm
CENTURYLINK JOB NO.: £.400517 | REFERENCE DOCUMENTS
SECTION: 36 SURVEYS (R) M.C.R.
TOWNSHIP: 1 SOUTH 1, PLAT BK. 212 PG. 22
RANGE: 6 EAST
‘ DEED (R) M.C.R. SUITE 104 FAX (629)
DATE: FEBRUARY 8, 2013 972-1676)
SHEET 2 OF 2 12, DKT. 14242 PG. 1258 re ALLIANCE GLENDALE, AZ 85909

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121.01.12_M-2167-1_OG-UE