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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: East Maricopa Floodway Reach 4 FCD Parcel Nos.: M-2171 and M-2171-2 APN: 304-38-011A ptn. FCD Permit No.: 2012P038 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 ONE THOUSAND THREE HUNDRED FIFTEEN DOLLARS and no/100 ($1,315.00), 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 19820195754, recorded June 24, 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 constructing, operating, repairing, and maintaining communications conduit on Flood Control District (RCD) property, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use Permit No. 2012P038 (“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 9 121.01.12_M-2171_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 Page 2 of 9 121.01.12_M-2171_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 9 121.01.12_M-2171_OG-UE RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY ‘DocuSigned by: Seat Vo 2/7/2024 7ABBtTORES HAGA Scott Vogel Date Chief Engineer and General Manager MARICOPA COUNTY REAL ESTATE DEPARTMENT ‘DoouSigned by: [ AS— 2/7/2024 }OBS65B4 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: W, Puck 2/7/2024 Wayne Peck i Date District General Counsel Page 4 of 9 121.01.12_M-2171_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 9 121.01.12_M-2171_OG-UE GRANTEE ACCEPTANCE AND APPROVAL: COX COMMUNICATIONS ARIZONA, LLC, a Delaware limited liability company and/or its successors and assigns DocuSigned by: ( dereny tt Jerumy Thompson. 2/7/2024 Jeremy ATOni66R Manager — Land Use Department STATE OF ARIZONA ) )ss COUNTY OF MARICOPA) The foregoing instrument was acknowledged before me this 07th 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 DocuSigned by: Commission #641366 Hunandy My Comm. Expires Jan. 9, 2027 [ 4 20560520225B466... 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 9 121.01.12_M-2171_OG-UE Exhibit “A” - Easement Attached to Non-exclusive Utility Easement EXHIBIT "A" LEGAL DESCRIPTION OF AN UNDERGROUND COX COMMUNICATIONS FIBER OPTICS LINE CROSSING . MARICOPA COUNTY FLOOD CONTROL DISTRICT LOCATED IN THE SE 1/4, SECTION 25, TIS, R6E OF THE GILA RIVER BASE AND MERIDIAN East Ray Road +- BI lo ol 3° o| | fo} xt SEC 25 ad EASEMENT AREA= g | 5 2023 SQ..FT Bh jee ___ ts 0.05 ACRE a. ‘ sie si 3 /$ 9} fo} ma 77) | ee ae ae jEast Williams Field Road INITY MAP NOTE NTS ALL (R) RECORD, (M) MEASURED AND (C) CALCULATED DIMENSIONS SHOWN ON THIS DRAWING REPRESENT HORIZONTAL GROUND DISTANCES, REPORTED IN U.S, SURVEY FEET AND DECIMALS OF U.S. SURVEY FEET, UNLESS SPECIFICALLY NOTED OTHERWISE. BASIS OF BEARING THE BASIS OF BEARING FOR THIS DRAWING IS THE EAST LINE ‘ OF SECTION 25, TOWNSHIP 1 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, AZ. BASIS OF BEARING= NOO'56'53"W (M) CERTIFICATION THESE RESULTS 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 UNDERGROUND FIBER OPTICS LINE. By EDWARD V. RUIZ. pate 7-09-12 NUMBER 27Z5]_Az wien 3880, COX COMMUNICATIONS DATE: SCALE! FOWER ROAD N/O 07-09-12 NTS Page 7 of 9 121.01.12_M-2171_OG-UE Exhibit “A” - continued Attached to Non-exclusive Utility Easement EXHIBIT "A" LEGAL DESCRIPTION OF AN UNDERGROUND COX COMMUNICATIONS FIBER OPTICS LINE CROSSING MARICOPA COUNTY FLOOD CONTROL DISTRICT LOCATED IN THE SE 1/4, SECTION 25, T1S, R6E OF THE GILA RIVER BASE AND MERIDIAN REFERENCE: COX COMMUNICATIONS JOB. NO, 05-B820242 POWER ROAD IMPROVEMENT SOUTH POWER ROAD AND RWCD ROAD GILBERT, ARIZONA BEING SITUATED WITHIN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 1 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN. AN 8,00 FOOT EASEMENT AREA DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25, FROM WHICH THE EAST QUARTER CORNER BEARS NORTH 00°56 53” WEST (BASIS OF BEARING), A DISTANCE OF 2631.51 FEET; THENCE ALONG THE EAST LINE OF SAID SECTION 25, NORTH 00°56'53" WEST A DISTANCE OF 570.41 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; THENCE LEAVING THE EAST LINE OF SAID SECTION 25, SOUTH 84°09'32” WEST A DISTANCE OF 64.07 FEET; THENCE NORTH 69°35'33" WEST A DISTANCE OF 190,42 FEET TO THE EAST LINE OF THE ROOSEVELT WATER CONSERVATION DISTRICT (RWCD) MAIN CANAL AS RECORDED IN BOOK 168, MAP 42, MARICOPA COUNTY RECORDS; THENCE ALONG SAID EAST LINE OF THE RWCD CANAL, NORTH 22°43'02" EAST A DISTANCE OF 8.01 FEET; THENCE LEAVING SAID EAST LINE OFTHE? RWCD CANAL, SOUTH 69" 35 "33" EAST A DISTANCE OF 188,23 FEET; THENCE NORTH 84°09'32” EAST A DISTANCE OF 62.89 FEET TO THE EAST LINE OF SAID SECTION 25; THENCE ALONG SAID EAST LINE OF SECTION 25, SOUTH 00°56'53” EAST A DISTANCE OF 8.03 FEET TO THE POINT OF TERMINATION. SAID 8.00 FOOT WIDE EASEMENT AREA CONSISTING OF 2023.00 SQUARE FEET OR 0.05 ACRE. COX COMMUNICATIONS POWER ROAD N/O~ | onoxio| NaS. WILLIAMS FIELD ROAD Hi at WG NO. DRAWN 0 RR Be Rts GILBERT, ARIZONA ors | wages Page 8 of 9 121.01.12_M-2171_OG-UE Exhibit “A” - continued Attached to Non-exclusive Utility Easement EXHIBIT "A" | & . : FND, BC. IN HH ¥ E, 1/4 COR. a YX y SEC. 25, T1S, R6E | Nn J / MARICOPA COUNTY &s / FLOOD CONTROL DISTRICT . & / DKT, 83020105 Re * MCR ° S| = tf Bl] = ; Qo] in N | N § 32"E merRw ‘35? ; ) $00°56’53"E! £ . 29. Yoan a 95°. 33-12 P.0.B, / 64.07" (©) / ne4'og'32"E | S / al & “| . o MARICOPA COUNTY } Sl 8 FLOOD CONTROL DISTRICT g| 8 PCL .18 a DKT. 16110. g PACE 683 MCR | e , ry bu. re} 4) FND, BC. IN HH | g SE. COR. - & SEC. 25, T1S, R6E “East Williams Field Road COX COMMUNICATIONS DATE: SCALE: 2817 SOUTH 21ST STREET POWER ROAD & RWCD CANAL wie aoa Te j .t 3 FARE Pins Ha SBE oot GILBERT, ARIZONA 3073 | E4883 Page 9 of 9 121.01.12_M-2171_OG-UE