Kyrene School District Approval

Grantee Site ID: PHO Twelve Oaks

FIRST AMENDMENT TO EASEMENT AGREEMENT
(For Telecommunications Facility at Kyrene Dei Pueblo School)

This First Amendment to Easement Agreement (the “Amendment”) is made and entered into this
2Ay¥z day of NOVEM E& _, 2021 (the “Amendment Effective Date”), by and between the
KYRENE ELEMENTARY SCHOOL DISTRICT, a political subdivision of the State of Arizona
Grantor”), and CELLCQ PARTNERSHIP d/b/a Verizon Wireless, a Delaware general partnership
Grantee”). ‘

RECITALS:

WHEREAS, Grantor and Grantee’s predecessor-in-interest, Verizon Wireless (VAW) LLC,
entered into that certain Easement Agreement made effective as of June 14, 2009 (the “Agreement”),
pursuant to which Grantor granted to Grantee an easement on and across a portion of the Site, as more
particularly described therein; and

WHEREAS, Grantor and Grantee desire to amend the Agreement as provided herein.

NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee
hereby agree as follows:

1. Capitalized terms not defined herein shall have the same meanings ascribed to such terms in the
Agreement.

2, Exhibit “B” to the Agreement is hereby deleted in its entirety and replaced with Exhibit “B-1”
attached to this Amendment and incorporated herein by reference. From and after the Effective
Date, any references to Exhibit “B” to the Agreement shall be deemed to refer to Exhibit “B-1”
attached hereto.

3. As of the Amendment Effective Date, any references in the Agreement to the “Monopole” are
hereby amended to refer to the “Monopalm”. The location of the Monopalm is depicted in
Exhibit “B-1” attached hereto.

4. Grantor and Grantee hereby reaffirm their rights and obligations under the Agreement as modified
by this Amendment. In the event of any inconsistencies between the Agreement and this
Amendment, the terms of this Amendment shall control. The Agreement and this Amendment
contain all agreements, promises or understandings between Grantor and Grantee. No verbal or
oral agreements, promises or understandings shall be binding upon either Grantor or Grantee in
any dispute, controversy, or proceeding at law. Any addition, variation or modification to the
Agreement or this Amendment shall be void and ineffective unless made in writing and signed by
the parties hereto. In the event any provision of the Agreement or this Amendment is found to be
invalid or unenforceable, such a finding shall not affect the validity and enforceability of the
remaining provisions of the Agreement or this Amendment.

[Signatures appear on the following page.]

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date
indicated above.

GRANTOR:

KYRENE ELEMENTARY SCHOOL DISTRICT, a
political subdivision of the State of Arizona

» LQ(OL _

Name: KEVIN WALSAY
Title: Gaqueactiins barca Ooesidedt
Date: (ir BB- 2

GRANTEE:

CELLCO PARTNERSHIP d/b/a Verizon Wireless

By:
Name:
Title:
Date:

GRANTOR ACKNOWLEDGEMENT

STATE OF tei ZA. )

) ss

Xx
COUNTY OF Mer iceRe. )

On Koyemcber 2, : 202.1, before me personally appeared KES dais » as

Qaseu\e Ques of KYRENE ELEMENTARY SCHOOL DISTRICT, a political subdivision of
the State of Arizona, personally known to me or proven on the basis of satisfactory evidence to be the

person whose name is ascribed on the within instrument, and acknowledged that s/he executed the same

on behalf of KYRENE ELEMENTARY SCHOOL DISTRICT and by its authority for the purposes set

qb QmafE

Print Name: Fathi “DA bec
Notary Public me

My commission expires: _{{ bol WIA

"OFFICIAL SEAL ”
) SALLY D ALBEAT)
ig. NOTARY PUBLIC ARIZONA
Ou MARICOPA COUNTY
Comm, #573739 Expires November 26, 2023

GRANTEE ACKNOWLEDGEMENT

STATE OF }
) ss
COUNTY OF )

On » 20__, before me personally appeared > as

of CELLCO PARTNERSHIP, a Delaware general partnership d/b/a Verizon
Wireless, personally known to me or proven on the basis of satisfactory evidence to be the person whose
name is ascribed on the within instrument, and acknowledged that s/he executed the same on behalf of

said general partnership and by its authority for the purposes set forth therein.

Print Name:
Notary Public

My commission expires:

EXHIBIT “B-1”

EASEMENT LEGAL DESCRIPTION AND SITE PLAN

(For Telecommunications Facility at Kyrene Del Pueblo School)

[Page 1 of 3]

EXISTING LEASE AREA LEGAL DESCRIPTION

A PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH,
RANGE 4 EAST, OF THE GILA & SALT RIVER BASE & MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND BRASS GAP IN HAND HOLE AT THE INTERSECTION OF
WHITTEN STREET AND TWELVE OAKS BOULEVARD, THENCE NORTH 26°46%04° EAST
ALONG THE CENTERLINE OF TWELVE OAKS BOULEVARD, 175.61 FEET: THENCE
NORTH 63°43'55" WEST, DEPARTING THE CENTERLINE OF TWELVE OAKS
BOULEVARD, 261,95 FEET; THENCE NORTH 70°22°10" WEST, 6,00 FEET 70 THE POINT
OF BEGINNING;

THENCE SOUTH 19°47°50" WEST 27,65 FEET: THENCE NORTH 70°1240" WEST, 22,88
FEET; THENCE NORTH 19°47°50" BAST, 35,69 FEET; THENCE SOUTH 68°18'41" EAST
48,85 FEET; THENCE SOUTH 19°52't4" WEST, 7.18 FEET; THENCE SOUTH 70°e7'46"
EAST, 4,00 FEET TO THE POINT OF BEGINNING,

LESSEE LEASE AREA LEGAL DESCRIPTION

A PORTION OF THE PROPERTY DESCRIBED IN THE WARRANTY DEED
RECORDED AT RECEPTION NO, 84-126672 OF MARICOPA COUNTY RECORDS,
RECORDED IN THE OFFICE OF THE CLERK OF SAID COUNTY ON MARGH 27,
7984, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

f COMMENCING AT THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE
ALONG THE EAST LINE OF SAID PROPERTY NORTH 01°02S3" WEST, 153.51
FEET, THENCE DEPARTING SAID EAST LINE SOUTH S0"DD'MC* WEST, 91,44
FEET’ TO THE POINT OF BEGINNING:

THENCE NORTH 70°12'10" WEST, 20,00 FEET; THENCE NORTH 19°47'50" EAST,
20,00 FEET; THENCE SOUTH 70°1210" EAST, 20,00 FEET; THENCE SOUTH
49°47'S0" WEST, 20,00 FEET TO THE POINT OF BEGINNING,

EXHIBIT “B-1”
EASEMENT LEGAL DESCRIPTION AND SITE PLAN
(For Telecommunications Facility at Kyrene Del Pueblo Schoo!)

[Page 2 of 3]

EXISTING ACCESS & UTILITY & COAX EASEMENT LEGAL DESCRIPTION
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH,
RANGE 4 EAST, OF THE GILA & SALT RIVER BASE & MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING A 12.00 FOOT WIDE ACCESS AND UTILITY EASEMENT, LYING 6,00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT A FOUND BRASS CAP IN HAND HOLE AT THE INTERSECTION OF
WHITTEN STREET ANG TWELVE OAKS BOULEVARD;

THENCE NORTH 26"46'04" EAST, ALONG THE CENTERLINE OF TWELVE OAKS
BOULEVARD, 175,61 FEET; THENCE NORTH 8371356" WEST, DEPARTING THE
CENTERLINE GF TWELVE OAKS BOULEVARD, 261.95 FEET TO THE POINT OF
BEGINNING:

THENCE SOUTH 19°47°50" WEST, 25,39 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "A™: THENCE CONTINUING SOUTH 19°47'S6" WEST, 8.90 FEET: THENCE
SOUTH 70°42415" EAST, 27,85 FEET; THENCE SOUTH 29°4'33" WEST, 112,85 FEET TO:
TRE POINT OF TERMINUS ON THE NORTH RIGHTAOF-WAY LINE OF SAID WHITTEN
STREET:

AND TOGETHER WITH A 5.00 FOOT WIDE COAX EASEMENT, LYING 2.50 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

BEGINNING AT SAID POINT "A":

THENGE SOUTH 70°1205" BAST. 34,72 FEET; THENGE SOUTH 73°52'21" EAST, 39.64
FEET TO THE POINT OF TERMINUS,

EXISTING UTILITY EASEMENT LEGAL DESCRIPTION

A PORTION OF THE SOUTHEAST QUARTER CF SECTION 34, TOWNSHIP 1 SOUTH,
RANGE 4 BAST. OF THE GILA & SALT RIVER BASE & MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING A 5,00 FOOT WIDE UTILITY EASEMENT, LYING 5,00 FEET WESTERLY
OF THE FOLLOWING DESCRIBED LINE:

COMMENCING AT A FOUND BRASS CAP IN HAND HOLE AT THE INTERSECTION OF
WHITTEN STREET AND TWELVE QAKS BOULEVARD:

THENCE NORTH 28°46'04" EAST, ALONG THE CENTERLINE OF TWELVE OAKS
BOULEVARD, 175.61 FEET; THENCE NORTH 93°43'56" WEST, DEPARTING THE
CENTERLINE OF TWELVE OAKS BOULEVARD, 261,95 FEET; THENCE NORTH 70712'10"
WEST, 6,00 FEET. THENCE SQUTH 18°47"50" WEST, 27,B5 FEET: THENCE NORTH
70°42"10° WEST, 0,34 FEET TO THE POINT OF BEGINNING;

THENCE SOUTH 26°57°22" WEST, 115,43 FEET TO THE POINT OF TERMINUS ON THE
NORTH RIGHT-OF-WAY LINE OF WHITTEN STREET,

[See attached.]

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