D1. 400.01.12_R-087-1_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: New River Channelization
FCD Parcel No.: R-087-1
APN: 200-61-008D ptn.
FCD Permit No.: 2022P243
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 SIX THOUSAND ONE HUNDRED DOLLARS and no/100
($6,100.00), and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTOR does hereby grant and convey to GRANTEE a Utility casement in,
upon, over, under, across, through and along a portion of the premises set forth in instrument
number 19960083175 recorded February 06,1996 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 FCD Right-of-Way Use Permit No. 2022P243 (““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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400.01.12_R-087-1_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 New River Channelization (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 tight 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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400.01.12_R-087-1_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 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 ran with the land and is binding on all parties.

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400.01.12_R-087-1_OG-UE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

‘DocuSigned by:

Seat Vo 12/13/2023

7A831702861140A...
Scott Vogel Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

BocuSignad by:
( Ae— 12/12/2023
FO812B0D585D4CC,
Alex Smith Date
Director

APPROVED AS TO FORM and within the powers and authority granted under the laws of the

State of Arizona.

‘DoouSigned by:
Wayns- Putk 12/12/2023

Wayne Peck Date
District General Counsel

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400.01.12_R-087-1_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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400.01.12_R-087-1_OG-UE

GRANTEE ACCEPTANCE AND APPROVAL:

MCIMETRO ACCESS TRANSMISSION SERVICES LLC, a Delaware limited liability
company, and/or its successors and assigns

PocuSigned by:
By: [ Bina Dye 12/12/2023

SES 488,

Dina Dye

Its: Senior Manager

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

The foregoing instrument was acknowledged before me this 12" day of December 2023, by Dina
Dye, Senior Manager 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.

225B485---
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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400.01.12_R-087-1_OG-UE

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

\ \itizancserver\common\Projects\2020\05KX ~ FISHEL HED\CAD\Working\PHO_NPLAZA_DEL RIO_25C\SURVEY\DWG\PHO.NPLAZA_DEL RIO_28C-LEGAL-REV2.cg shun 07, 2023 10:05am Tony.lley

EXHIBIT A

LEGAL DESCRIPTION

THAT PORTION OF PARCEL R~87—1 AS DESCRIBED IN INSTRUMENT
1996-0083175 OF THE OFFICIAL RECORDS OF MARICOPA COUNTY BEING A
PORTION OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 EAST, GILA & SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 10 FROM
WHICH THE SOUTHWEST CORNER OF SAID SECTION 10 BEARS SOUTH

89°10'55" WEST, A DISTANCE OF 2640.51 FEET;

THENCE ALONG THE SOUTH LINE OF SAID SECTION 10, SOUTH 89°10'55”"
WEST, A DISTANCE OF 1320.08 FEET TO THE WEST SIXTEENTH CORNER
COMMON TO SAID SECTION 10 AND SECTION 15 OF SAID TOWNSHIP AND TO
THE EAST LINE OF SAID PARCEL R-87-1;

THENCE ALONG SAID EAST LINE NORTH 00°25'47” EAST, A DISTANCE OF
55.01 FEET TO THE A POINT ON A LINE 55.00 FEET NORTH AND PARALLEL
TO THE SOUTH LINE OF SAID SECTION 10 AND TO THE POINT OF BEGINNING;

THENCE ALONG SAID PARALLEL LINE SOUTH 89°10'55" WEST, A DISTANCE OF
163.88 FEET TO THE WEST LINE OF SAID PARCEL;

THENCE ALONG SAID WEST LINE NORTH 25°36'15” EAST, A DISTANCE OF
17.87 FEET TO THE NORTH LINE OF THE SOUTH 71.00 FEET OF SAID SECTION
10;

THENCE ALONG SAID NORTH LINE NORTH 89°10'55” EAST, A DISTANCE OF
156.28 FEET TO THE EAST LINE OF SAID PARCEL;

THENCE ALONG SAID EAST LINE SOUTH 00°25'47” WEST, A DISTANCE OF
16.00 FEET TO THE POINT OF BEGINNING.

CONTAINS 2561 SQUARE FEET OR 0.0588 ACRES, MORE OR LESS.

SEE ATTACHED EXHIBIT "A” BY REFERENCE MADE APART HERETO

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400.01.12_R-087-1_OG-UE

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

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EXHIBIT A

CITY OF PEORIA
INST #2002~0456620 MCR
APN 200--61—013L

FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
INST #1996—0083175 MCR
PARCEL R-87~1

APN 200-61-008D

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QUICKTRIP CORP
INST #2015--0041150
APN 200—63-594
LOT 2

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TELECOMMUNICATION | ry
EASEMENT F
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SW COR eat 5 POB , Seif to

SEC 10 “4320.43 we 1320.08 i:

oo act a T3N, RIE,
» RIE AN $89°10°55"W 2640.51 (BASIS OF BEARING) G&SRM
G&SRM W THUNDERBIRD RD POC

LINE LEGEND
LINE TABLE SUBJECT BOUNDARY LINE
OTHER PROPERTY LINE
UNE #1} DIRECTION | LENGTH] = ——————————__ EASEMENT LINE
—_ SECTION LINE
u No'25'47°E | 55.01 fo SUB-SECTION LINE
a RIGHT OF WAY LINE
L2 | $89°40'55”W | 163.88 mee — SURVEY TIE LINE
nape , POB — POINT OF BEGINING
LS | S2556'15"W | 17.87 POC — POINT OF COMMENCEMENT
La | nagio'ss"e | 156.28" MCR — MARICOPA COUNTY RECORDER
an
LS S0'25'47"W | 16.00° am bbF dl.
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400.01.12_R-

087-1_OG-UE