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WHEN RECORDED RETURN TO: Maricopa County Real Estate Department Exempt ARS 11-1134, A2 GLH / PM DRAINAGE EASEMENT Parcel No.: 501-60-011D Project No.: TT0588 Project Name: Alsup Avenue at Bethany Home Road Item No.: D23451 -2 (GLH) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ASHBY LAND, LLC, an Arizona Limited Liability Company, hereinafter called the GRANTOR(S), for and in consideration of the sum of One Thousand Three Hundred Fifty Dollars and No/100 Dollars ($1,350.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby grant and convey to MARICOPA COUNTY, a political subdivision of the State of Arizona, hereinafter called the GRANTEE, and to its agents, successors and assigns, a drainage easement for the purpose of constructing and maintaining the drainage pipe system(s) and appurtenances on, over, under and across that parcel of land situated in the County of Maricopa, State of Arizona, and being described as follows: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION The GRANTEE or its agents, successors and assigns shall at all times have the right of full and free ingress and egress to said easement for the purpose heretofore specified. GRANTEE and its agents agree to access said easement from Alsup Avenue or another publicly dedicated right-of- way, if any. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and shall be binding on the heirs, successors in ownership and estate, assigns and lessees of the respective parties hereto. NOW THEREFORE, in consideration of the same and further consideration hereinafter set forth, it is agreed, that this instrument contains the entire agreement between the parties hereto and there being no further consideration paid than herein specified. /// /// /// Page 1 of 4 Parcel No.: 501-60-011D Project No.: TT0588 Project Name: Alsup Avenue at Bethany Home Road Item No.: D23451-2 (GLH) THE COUNTY OF MARICOPA AGREES: A. To use the easement property described on Exhibit "A" only for drainage purposes as set forth and that such easement shall be used for the general welfare and benefit of the public. B. To pay the Grantor the sum of One Thousand Three Hundred Fifty Dollars and No/100 DOLLARS ($1,350.00) as payment in full for the easement granted hereby. C. GRANTEE agrees to relinquish all rights granted herein to the above described property in the event that the Grantor OR GRANTOR'S SUCCESSOR IN INTEREST shall at any time in the future develop the parcel containing the easement, PROVIDED THAT THE DEVELOPMENT INCLUDES drainage facilities approved to the satisfaction of the GRANTEE's County Engineer and/or the municipality or municipalities having jurisdiction at this location at the time of development. D. That, if in the opinion of the Transportation Director, it becomes necessary, fences and private structures will be removed and replaced in kind, at no expense to the Grantor. Any ground cover disturbed from its original state will also be replaced in kind. E. That no costs relating to construction of Project No. TT0588 will be charged to the Grantor. F. Grantee shall be responsible to the extent that loss or damage occurs out of Grantee's occupation or use of the Grantor's property or the easement property caused by Grantee's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of Grantee's occupancy or use of Grantor's property or the easement property. All claims shall be submitted in accordance with the requirements of ARS 12-821. THE GRANTOR(S) AGREE(S): 1. That it has granted a drainage easement over the easement property described on Exhibit "A" to the County of Maricopa and/or its agents as that such easement may be used for the general welfare and benefit of the public. 2. To accept the sum of One Thousand Three Hundred Fifty Dollars and No/100 DOLLARS ($1,350.00) as payment in full for the easement granted hereby. Page 2 of 4 Parcel No.: 501-60-011D Project No.: TT0588 Project Name: Alsup Avenue at Bethany 1-Tome Road Item No.: D23451-2 .4\ Dated this — day of , 201E. GRANTOR: Ashby Land, LLC, an Arizona limited liability company By: SHA-2015, LLLP, an Arizona limited liability partnership, its Member By: SHA-AZ Investments, LLC, an Arizona limited liability company, its General Partner STATE OF ARIZONA ) § COUNTY OF MAR1COPA The foregoing instrument was acknowledged before me this 2.8 /1-1 day of July 20 , by Stanley H. Ashby the er of (Name of Officer) (Title) SHA-AZ Investments, LLC, an Arizona limited liability company, its General Partner of SHA-2015, LLLP, an Arizona limited liability partnership, it's Member of Ashby Land, LLC, an Arizona limited liability company, My Commission Expires 2/19/2019 Notary Public (Signature) GEOFFREY L. HOLLOWAY NOTARY PUBLIC ARIZONA MARICOPA COUNTY My Commission Expires February 19, 2019 Notary Stamp Seal Page 3 of 4 Parcel No.: 501-60-011D Project No.: TT0588 Project Name: Alsup Avenue at Bethany Home Road Item No.: D23451-2 RECOMMENDED FOR APPROVAL: 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 ffl ffl ffl 1/1 III II/ Page 4 of 4 Parcel No, 501-60-011 D Project No. TT0588 ALSUP AVENUE AT BETHANY HOME ROAD Item No. 023451-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A parcel of land lying within the Southwest Quarter of Section Seven, Township Two North, Range One West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at the South Quarter corner of said Section 7, being an iron pipe, from which a Luke Air Force Base Corner, a rebar, bears North 00°01'26" West along the North-South midsection line, for a distance of 540.79 feet; thence along said North-South midsection line North 00°01'26" West, for a distance of 540.79 feet to a Luke Air Force Base corner; • thence along a boundary line of Luke Air Force Base South 42°47'46" West, for a distance of 48.62 feet to the West right way line of Alsup Avenue and the Point of Beginning; thence departing said boundary line along said West right of way line North 00°0254" East, for a distance of 58.25 feet; thence departing said West right of way line North 89°57'06" West, for a distance of 50,00 feet; thence South 00°0254" West, for a distance of 112.35 feet to said boundary line; thence along said boundary line North 42°47'46" East, for a distance of 73.66 feet to the Point of Beginning. The above described parcel contains 4,265 square feet or 0.0979 Acres more or less, Page I of I MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES-12/3/17 Chic: Appr: Rev: Maricopa County Public Works - Real Estate Division EXPIRES 12 / 31 /2017 GRANTOR DATE. 7/.: EXHIBIT "A" AVE LUKE AIR FORCE BASE BOUNDARY ALSUP LINE D23451-2 ASHBY LAND LLC N .T.S. 501-60-011D DRAINAGE EASEMENT L3 NO. BEARING LENGTH Ll S 42°47'46" W 48.62' CORNER LUKE AFB L2 N 00002 154" E 58.25 1 P013 FD. 5/8" REBAR L3 N 89057'06" W 50.00' L4 S 00002154" W 112.35' 501-60-014 L5 N 42 047 146" E 73.66' LUKE AIR AIR FORCE- LN BASE BOUNDARY LINE 501-60-013 SEC MID NOO°0126'W SEC LN 2074,6W — 500.12' S89°55'11"E \ ‘ 1 889°53'57"E LUKE AFB CORNER D23451-2 Drainage Easement: 5/8" REBAR EXPIRES 12/31/2017 4,265 square feet or 0.0979 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT Alsup Ave at Bethany Home Road PROJECT No. 70588 ITEM No. D23451-2 DATE 12-3-17 M.C.D.O.T. R/W Tech: Agent: RES XX