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When Recorded Return To: Maricopa County Real Estate Department 2801 W. Durango Street Phoenix, AZ 85009 EXEMPT ARS 11-1134.A.2 TEMPORARY CONSTRUCTION EASEMENT Assessor Parcel No.: 501-47-011A Project No.: TT0498 Project: El Mirage Alternative Access Item No.: D24067-TCE (TD) TD / JR This Temporary Construction Easement is entered into by and between Alyesh Properties 5, L.L.C., An Arizona Limited Liability Company, hereinafter referred to as GRANTORS, and MARICOPA COUNTY, a political subdivision of the State of Arizona, its officers, agents, contractors, assigns, heirs, and successors in title or interest, hereinafter collectively called GRANTEE, as of the last date signed below. GRANTORS hereby grants a Temporary Construction Easement (“TCE”), together with the right and privilege of entering upon the area subject to said temporary easement, on, over, under and across that portion of GRANTORS' property located the Northwest corner of Butler Drive and Dysart Road also known as 501-47-011A on Exhibit “A”, which is attached to, and made a part of, this temporary easement (“TCE Area”), for the purpose of facilitating construction of the project known as TT0498(“Project”). 1, Term and Consideration. This TCE is hereby granted for the stated purpose for a period of 12 Month (“Term”) which shall commence on June 30, 2022. GRANTEE estimates that the period set forth above will be sufficient time for completion of the work needed for construction of the Project. The consideration for the use of the TCE Area shall be Two Thousand Sixty and 00/100 Dollars, ($2,060.00) paid by the GRANTEE to the GRANTORS. This consideration shall be for the full Term described. In the event GRANTEE determines that additional time is needed for completion of the Project construction, GRANTEE shall be permitted to extend the term of this TCE by paying, additional consideration, the sum of $ 172.00 for each month of the required extension. Page 1 of 6 Assessot Parcel No.: 501-47-011A Project No.: TT0498 Project: El Mirage Alternative Access Item No.: D24067-TCE (TD) 2. Damages. The GRANTEE shall be liable for any permanent damage to the TCE Area, and/or any improvements therein, caused by GRANTEE during the Term of this TCE. Any improvements damaged because of GRANTEE’S use of the TCE Area will be replaced in kind. 3. Indemnification. GRANTEE agrees to indemnify GRANTOR for all direct damages to the real property, personal property, or physical injury to persons on the TCE Area, caused by or arising from the sole negligence of GRANTEE in the exercise of GRANTEE'S rights pursuant to the terms of this TCE. All claims shall be submitted in accordance with the requirements of A.R.S. §12-821, et seq. 4, Extinguishment. Upon completion of the Project construction, GRANTEE shall record a document extinguishing this TCE in the office of the Maricopa County Recorder. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE(S) FOLLOW Page 2 of 6 Assessor Parcel No.: 501-47-011A Project No.: TT0498 Project: El Mirage Alternative Access Item No.: D24067-TCE (TD) Dated this [4 day of Cnuaave 10 I, GrantorS: Alyesh Properties 5, L.L.C., An Arizona Limited Liability Company (Signature) Its: fl (CZ (a GA (Titlef STATE OF Area. ) )§ county or /Ag@v1 C724 ) The foregoing instrument was acknowledged before me this _/ 9 day of febhut airy 2021 ey Mhert Aeyeshmen its __ Maygge, of (Name of Officer) (Title) 7 Alyesh Properties 5, L.L.C., An Arizona Limited Liability Company, on behalf of the company. Sh /- Ghia. Abu. My Commission Expires ¥ 25 Notary Public (signature) A SOBCZAK. sae State of Arizona Maricopa County Commission # 565206 My Commission Expires May 14, 2023 Notary Stamp Page 3 of 6 Assessot Patcel No.: 501-47-011A Project No.: TT0498 Project: El Mirage Alternative Access Item No.: D24067-TCE (TD) RECOMMENDED FOR APPROVAL: —_—_—_ i. Senior Right of Way Agent “ ) Real Property Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By: Chairman of the Board ATTEST: Date Clerk of the Board of Supervisors Approved as to form and within the powers and authority of the Board of Supervisors Deputy County Attorney Date Page 4 of 6 DacuSign Envelope ID: CAB39DB7-4B58-42B9-84DE-ABA1 152FD8F2 Assessor Parcel No.: 501-47-011A Project No.: TT0498 Project: 1 Mirage Alternative Access Item No,: D24067-1T'CE (TD) RECOMMENDED FOR APPROVAL: DocuSigned by: eo s [ Kinde Komero | LOARTO2 2 BIW Or oo BEE3A58FF 286416... Senior Right of Way Agent SS Real Property Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: SIGNED JN COUNTERPART By: Chairman of the Board ATTEST: SIGNED JN COUNTERPART Date Clerk of the Board of Supervisors Approved as to form and within the powers of the Board of Supervisors iarethiority (2 ToOude 2/24/2021 9B0782D9F1CF48E... Deputy County Attorney Date Page 4 of 6 Exhibit “A” Attached to Temporary Construction Easement Parcel No. 501-47-011A, 011B Project No. TT0498 NORTHERN PARICWAY AT EL MIRAGE ALTERNATE ACCESS Item No. D24067-TCKE LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land in the Northeast Quarter of Section 34, Township 3 North, Range 1 West of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the East Quarter corner of said Section 34, being a brass cap in a handhole, from which the Northeast corner of said Section 34, a brass cap in a handhole, bears North 00°02'10" East, for a distance of 2626.84 feet; thence along the South line of said Northeast Quarter North 89°15'05" West, for a distance of 55.00 feet to the Point of Beginning; thence continuing North 89°15'05" West, for a distance of 170.92 feet; thence departing the South line of said Northeast Quarter North 00°44'55" East, for a distance of 30.00 feet to a point on a line parallel with and 30.00 feet northerly of the South line of said Northeast Quarter; thence along said parallel line South 89°15'05" East, for a distance of 170.54 feet to the a point ona line parallel with and 55.00 feet westerly of the East line of said Northeast Quarter; thence along said parallel line South 00°02'10" West, for a distance of 30.00 feet to the Point of Beginning. The above described parcel contains 5,122 square feet or 0.1176 acres, more or less, and is depicted on the attached Exhibit “B”. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 03/11/2020 HP — | chk: | Appr: | V 0%-19-202p Rev: Maricopa County Real Estate Department GRANTOR_A-A DATE? Lig (90r/ Page | of | Page> __of o : Exhibit B, Attached to Temporary Construction Easement N NO. | BEARING LENGTH L1 N89°745'05" W | 55,00" SS L2 N 89°15'05" W | 170.92" L3 N.00°44'55"E | 30.00" ; 4 | S$g9r1s'0s5"E | 170.54" 3 Not to Scale L5 S$ 00°02'10" W_| 30.00 a q D24067 ios Alyesh Properties 5 LLC : N 501-47-011A 2 2 501-46-002P Alyesh Properties 5 LLC POB. 501-47-011B P.0.C, L4 Z 3] \ 7-1» a7 4 S89°10'20°E MID SEC LN _ S89°15'05"E BUTLER DRIVE es 1 8 AN | | oO 501-47-002H | NJe | | =|~ | a! elo RW <i wid =|” SO} vi 8 oA) fy 501-46-002L x | 33'| 33" Y > QO | | | | | | D24067-TCE Area: 5,122 square feet or 0.1176 acres 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION APN 501-46-011A,011B NORTHERN PARKWAY AT EL MIRAGE ALTERNATE ACCESS PROJECT No, TT0498 ITEM No. D24067-TCE DATE 04/07/2020 RW T.D. Tech HP Page 6 of 6