Extracted text (via ocr_local)
12744 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 1999R016 NON-EXCLUSIVE UTILITY EASEMENT FCD Project: Powerline Floodway FCD Parcel Nos.: F-2520 APN: 304-34-980 ptn. FCD Permit No.: 2017P185 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: COX COMMUNICATIONS ARIZONA 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 SEVEN HUNDRED EIGHTEEN DOLLARS and no/100 ($718.00), 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 Communications Conduit on Flood Control District (FCD) property, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2017P185 (“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 1 of 9 311.01.12_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 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 Page 2 of 9 311.01.12_F-2520_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 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 9 311.01.12_F-2520_OG-UE RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY ‘DocuSigned by: Sutt Vo 2/20/2024 Scott Vogel Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT ‘DocuSigned by: 2/20/2024 Alex Smith Date Director APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. [te Pc 2/20/2024 Wayne Peck Date District General Counsel Page 4 of 9 311.01.12_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) Page 5 of 9 311.01.12_F-2520_ OG-UE GRANTEE ACCEPTANCE AND APPROVAL: COX COMMUNICATIONS ARIZONA, LLC, a Delaware limited liability company and/or its successors and assigns ‘DocuSigned by: (deren ta iat 2/20/2024 Jeremy Thompson Manager — Land Use Department STATE OF ARIZONA ) )ss COUNTY OF MARICOPA) The foregoing instrument was acknowledged before me this 20" day of February, 2024 , by Jeremy Thompson, Manager — Land Use Department for Cox Communications Arizona, LLC, a Delaware limited liability company and/or its successors and assigns. MONA HERNANDEZ Notary Public State of Arizona Maricopa County iiiacibiabedl Commission #641366 Ava, Hecate, My Comm. Expires Jan. 9, 2027 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 9 311.01.12_F-2520_OG-UE Exhibit “A” - Easement Attached to Non-exclusive Utility Easement EXHIBIT "A" LEGAL DESCRIPTION OF A COX COMMUNICATIONS EASEMENT ACROSS MARICOPA COUNTY FLOOD CONTROL DISTRICT LOCATED IN A PART OF THE S.W. QUARTER OF SECTION 22 AND THE N.W. QUARTER OF SEC, 27 T.1S., R. 7E. OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, AZ A SEC. 22 TS, R.7E E. RAY ROAD EASEMENT AREA= 318.72 SQ. F.T OR SITE SEC. 27 0.007 ACRES T.18, R.7E S. ELLSWORTH ROAD NOTE ALL (R) RECORD, (M) MEASURED AND (C) CALCULATED DIMENSIONS SHOWN ON THIS DRAWING REPRESENT HORIZONTAL GROUND DISTANCES, REPORTED IN NAD 83 ARIZONA STATE PLANES, CENTRAL ZONE, INTERNATIONAL FEET. UNLESS OTHERWISE NOTED. +|-BASIS-OF-BEARING THE BASIS OF BEARING FOR THIS DRAWING is THE NORTH LINE OF SAID 5 SECTION 27, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. BASIS OF BEARING= S 89°38'13" E CERTIFICATION THESE RESULTS OF 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 Z UNDERGROUND LINE EASEMENT AREA. Expires: 6 /30) /s [2.0 fare COX COMMUNICATIONS | rey. pate: | scale DESIGMI CADENCE PAR A 11-28-17 | N.T.S. 7307 SOUTH HARL AVENUE, SUITE 4 (CIR-251445) TEMPE, ARIZONA 85283 pied inlinatspce SOUTH ELLSWORTH ROAD | SHEETNO. |BPG DWG No. FAX 602-964-0601 & EAST RAY ROAD 1OF 3 |101701894 Page 7 of 9 311.01.12_F-2520_OG-UE Exhibit “A” - continued Attached to Non-exclusive Utility Easement EXHIBIT "A" LEGAL DESCRIPTION OF A COX COMMUNICATIONS EASEMENT ACROSS MARICOPA COUNTY FLOOD CONTROL DISTRICT LOCATED IN A PART OF THE S.W. QUARTER OF SECTION 22 AND THE N.W. QUARTER OF SEC. 27 T.1S., R. 7E. OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, AZ PROJECT NAME: CADENCE PAR A (CIR-251445) SITE ADDRESS: SOUTH ELLSWORTH ROAD & EAST RAY ROAD THE CENTERLINE OF AN 8.00 FOOT WIDE EASEMENT, BEING 4.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING (P.O.C.) AT A SECTION CORNER, COMMON TO THE SOUTHWEST CORNER OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 7 EAST AND THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 7 EAST; THENCE FOR A (TIE), ALONG THE SECTION LINE SPLIT OF SAID SECTIONS 22 AND 27, TOWNSHIP 1 SOUTH, RANGE 7 EAST, SOUTH 89°38'34" EAST, A DISTANCE OF 73.55 FEET TO A POINT ON THE SOUTH LINE OF MARICOPA COUNTY FLOOD DISTRICT F-2520. SAID POINT IS ALSO BEING DESCRIBED AS THE POINT OF BEGINING (P.O.B.); THENCE LEAVING THE SAID SECTION SPLIT LINE, NORTH 00°36'40" WEST, A DISTANCE OF 39.84 FEET ACROSS PARCEL FEE F-2520 OWNED BY MARICOPA COUNTY FLOOD DISTRICT TO A POINT OF TERMINATION (P.O.T.) ON THE NORTH LINE OF SAID MARICOPA COUNTY FLOOD DISTRICT PARCEL F-2520; SAID 8.00 FOOT WIDE EASEMENT CONSISTS OF 318.72 SQUARE FEET OR 0.007 ACRES. Ire COX COMMUNICATIONS | pev.oate:| scale RBeESsIGI. CADENCE PARA 11-28-17 | N.T.S. 7307 SOUTH HARL AVENUE, SUITE 4 (CIR-251445) voFri¢e 6029842223, «| SOUTH ELLSWORTH ROAD | SHEETNo. [BPG oweNo. FAX 602-954-0601 & EAST RAY ROAD 20F 3 |101701894 Page 8 of 9 311.01.12_F-2520_OG-UE Exhibit “A” - continued Attached to Non-exclusive Utility Easement —N.W. S.W. 1/4 SEC, 22 EXHIBIT "A" LEGAL DESCRIPTION OF A COX COMMUNICATIONS EASEMENT ACROSS MARICOPA COUNTY FLOOD CONTROL DISTRICT LOCATED IN A PART OF THE S.W. QUARTER OF SECTION 22 AND THE N.W. QUARTER OF SEC. 27 T.1S., R. 7E. OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, AZ COR. SEC. 27 | i T.1S., R. 7E. BASIS OF BEARING———- $89° 38'13"E 2646.62 (R) E: P.O.C. _~ SEE DETAIL A | N.W. 1/4 SEC. 27 T.1S., R. LINE TABLE LENGTH BEARING 73.55 $89° 38' 34"E 39.84 | NOO* 36'40"W cor. LINE # La 7E. L2 N. 1/4 SEC, 27 NO1°06'48"W 2627.93 South Ellsworth Road South Ellsworth Road East Ray Road S.W. 1/4 SEC. 22 T. 1S., R. 7E. NOO° 20' 23.08"W mcrtoop_” t 55'R/W so'rR/w k P.O.C, BCHH FOUND DETAILA Ww. 1/4 N.T.S. COR [—L4 (TIE) | PROPERTY \\ —\_N89" 38! 34.00"W SPLIT LINE OF SECTION 22 & 27 2 APN 313-25-006A NO1° 06' 48.01" N.W. 1/4 SEC. 27 T.1S., R. 7E. SEC, 27 — SECTION CENTER OF 27 \I BRE 7307 SOUTH HARL AVENUE, SUITE 1 TEMPE, ARIZONA 85283 OFFICE 602-954-2223 FAX 602-954-0601 COX COMMUNICATIONS CADENCE PAR A (CIR-251445) REV. DATE: 11-28-17 | N SCALE TS, SOUTH ELLSWORTH ROAD | SHEETNo. 3 OF 3 & EAST RAY ROAD BPG DWG NO, 101701894 Page 9 of 9 311.01.12_F-25 20_OG-UE