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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division Exempt ARS 11-1134, A2 DRAINAGE EASEMENT Parcel No.: 101-12-643 & 101-12-644 Project No.: TT0511 Project Name: MC85 at 83' Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23195-2 (SS) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS SMITH'S FOOD AND DRUG CENTERS, Inc., an Ohio corporation hereinafter called the GRANTOR(S), for and in consideration of the sum of Eight Hundred Seventy Eight Thousand Four Hundred and No/100 DOLLARS ($878,400.00) 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, drainage easements (the "Easements") for the purpose of constructing and maintaining the basin(s) and appurtenances (the "Allowable Use") on, over, under and across the ground embraced within parcels of land, Parcel Numbers 101-12-643 and 101-12-644, (the "Easement Property") situated in the County of Maricopa, State of Arizona, and being described as follows: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION OF THE EASEMENTS The GRANTEE or its agents, successors and assigns shall at all times have the right of full and free ingress and egress to said Easements for the purpose heretofore specified. 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 5 EXHIBIT "B" Parcel No.: 101-12-643 & 101-12-644 Project No.: T10511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23195-2 (SS) THE COUNTY OF MAR1COPA AGREES: A. To use the Easements described in Exhibit "A" for the Allowable Use and the general welfare and benefit of the public. B. To pay the Grantor the sum of Eight Hundred Seventy Eight Thousand Four Hundred and No/100 DOLLARS ($878,400.00) as payment in full for the Easements described in Exhibit "A". C. GRANTEE agrees to relinquish all rights granted herein to the Easements described in Exhibit "A" in the event that the Grantor OR GRANTOR'S SUCCESSOR IN INTEREST shall at any time in the future develop the parcels containing the Easements, 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 and if so approved by the Grantee's County Engineer and/or municipality or municipalities having jurisdiction and constructed pursuant to such approvals, Grantee agrees to release the Easements of record upon written request from Grantor. 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 except as may be herein otherwise agreed. Any ground cover disturbed from its original state will also be replaced in kind. E. That no costs relating to construction of Project No. TT0511 will be charged to the Grantor. F. That Maricopa County shall indemnify and hold the Grantor harmless from and against all loss, expense, damage or claims caused by the sole negligence of Maricopa County, its employees or contractors, arising out of the use of the Easement Property by Marieopa County. All claims shall be submitted in accordance with the requirements of A.R.S. § 12-821 et. seq. G. To not allow or cause any monetary liens to attach to the Easement Property related to the construction of Project Number T10511. Page 2 of 5 Parcel No.: 101-12-643 & 101-12-644 Project No.: 'TT'0511 Project Name: MC85 at 83 Avenue& Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23195-2 (SS) THE GRANTOR AGREES: 1. To grant the Easements described in Exhibit "A" to the County of Maricopa and/or its agents for the general welfare and benefit of the public. 2. To accept the sum of Eight Hundred Seventy Eight Thousand Four Hundred and No/100 DOLLARS ($878,400.00) as payment in full for the Easements described in Exhibit "A". 3. That the County, or its agents, is hereby granted the right to enter upon the Easement Property of the Grantor for the purpose of accomplishing "D" above in areas immediately adjacent to the Easements described in Exhibit 'A". HI ffl II- ffl ffl N III Page 3 of 5 Parcel No.: 101-12-643 & 101-12-644 Project No.: TT0511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23195-2 (SS) Dated this day of , 20 . GRANTORAVITtlIS. FO6D AD DRUG CENTERS, Inc., an Ohio corporation By: altandruna Its: Vice President (Title) The foregoing instrument was acknowledged before me this day of 20n , by 111 LCOM its of (Name of officer or agent) (Title) SMITH'S FOOD AND DRUG CENTERS, Inc. an Ohio corporation, on behalf of the corporation. My Commission Expires Notary Public (signature) Page 4 of 5 Parcel No.: 101-12-643 & 101 - 12 -644 Project No.: TT0511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23195-2 (SS) RECOMMENDED FOR APPROVAL: R-e4-Property-Branch-Man4er /Teti hf 61,1 Sur e41/ 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 5 of 5 Parcel No. 101-12-644, 643 Project No. TT511 MC-85 at 83' AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. D23195-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENTS Four parcels of land being portions of those properties as described in Documents 2014-0546104 th and 2015-0533959, Maricopa County Records, being Lots 1 and 2 of Prologis Park 99 as described in Document 2014-0539091, lying within the Southeast quarter of Section 8, Township 1 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: PARCEL ONE: COMMENCING at the South quarter corner of Section 8 from which the Southeast corner of said Section 8 bears North 89'11 138" East, a distance of 2653.78 feet; THENCE along the South line of said Section 8 North 89 0 11 138" East, a distance of 511.22 feet; THENCE departing said South section line North 00 048 122" West, a distance of 57.00 feet to the existing North right of way line of MC 85, also being the South line of said Lot 2 and the POINT OF BEGINNING; THENCE along said North right of way line North 89 01136" East, a distance of 530.71 feet; THENCE South 89048'22" East, a distance of 43.04 feet; THENCE departing said North right of way line North 00 0 11 138" East, a distance of 138.27 feet; THENCE South 89 01136" West, a distance of 576.16 feet; THENCE South 00048 122" East, a distance of 137.50 feet to the POINT OF BEGINNING. The above described parcel contains 79,072 square feet or 1.8152 Acres more or less. GRANTOR DATE Page 1 of 3 EXHIBIT "A" D23195-2 (cont'd) PARCEL TWO: COMMENCING at the South quarter corner of Section 8 from which the Southeast corner of said Section 8 bears North 89'11'38" East, a distance of 2653.78 feet; THENCE along the South line of said Section 8 North 89 0 11'38" East, a distance of 1841.52 feet; THENCE departing said South section line North 00 017133" West, a distance of 51.75 feet to the existing North right of way line of MC 85, also being the Southeast corner of said Lot 2 and the Southwest corner of said Lot 1 and the POINT OF BEGINNING; THENCE departing said North right of way line along the East line of said Lot 2 North 00 01733" West, a distance of 149.01 feet; THENCE departing said East lot line South 89 017'04" West, a distance of 342.62 feet; THENCE South 00050 154" East, a distance of 149.79 feet to said North right of way line; THENCE along said North right of way line North 89 009 106" East, a distance of 341.17 feet to the POINT OF BEGINNING. The above described parcel contains 51,078 square feet or 1.1726 Acres more or less. PARCEL THREE: COMMENCING at the South quarter corner of Section 8 from which the Southeast corner of said Section 8 bears North 89°11'38" East, a distance of 2653.78 feet; THENCE along the South line of said Section 8 North 89 011'38" East, a distance of 1841.52 feet; THENCE departing said South section line North 00 01733" West, a distance of 51.75 feet to the existing North right of way line of MC 85, also being the Southeast corner of said Lot 2 and the Southwest corner of said Lot 1 and the POINT OF BEGINNING; THENCE along said North right of way line North 89 009 106" East, a distance of 84.10 feet; THENCE South 00017'00" East, a distance of 1.31 feet; THENCE North 89011 138" East, a distance of 206.91 feet; THENCE departing said North right of way line North 00 048 122" West, a distance of 149.79 feet; THENCE South 89 0 17 104" West, a distance of 289.66 feet to the West line of said Lot 1; THENCE along said West lot line South 00 017133" East, a distance of 149,01 feet to the POINT OF BEGINNING. The above described parcel contains 43,449 square feet or 0.9974 Acres more or less. GRANTOR DATE Page 2 of 3 EXHIBIT "A" D23195-2 (cont'd) PARCEL FOUR: COMMENCING at the Southeast corner of Section 8 from which the East quarter corner of said Section 8 bears North 00 006146" West, a distance of 264L55 feet; THENCE along the East line of Section 8 North 00 006'46" West, a distance of 270.59 feet; THENCE departing said East section line South 89 053 114" West, a distance of 53.00 feet to the existing West right of way line of 99 th Avenue, also being the East line of said Lot 1 and the POINT OF BEGINNING; THENCE along said West right of way line North 00 00646" West, a distance of 422.18 feet; THENCE departing said West right of way line South 89°53'14" West, a distance of 69.49 feet; THENCE South 00 00000" West, a distance of 446.16 feet; THENCE South 90000 100" East, a distance of 46.20 feet to said East lot line; THENCE along said East lot line North 44 059 147" East, a distance of 34.11 feet to the POINT OF BEGINNING. The above described parcel contains 30,911 square feet or 0.7096 Acres more or less. Parcels 1, 2, 3 and 4 combined contain 204,510 square feet or 4.6949 Acres more or less. Page 3 o13 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RFS 8/10/16 Chk: Appr: Rev: EXPIRES 12/31 12017 Maricopa County - Real Estate Division GRANTOR DATE EXHIBIT "A" PROLOGIS PARK 99th MCR 1198 - 7 D23195 Smith's Food & Drug Centers Inc 101-12-644 DE I LCD PARCEL 1 , 2 NO, BEARING , LENGTH Li N 8901136" E 530.71' L2 S 89 048 122" E 43.04' '38"E L3 N 00°11'38" E 138.27' °11 L4 S 89°11'36" W 576.16' N89 L5 S 00048 122" E 137.50' L21 N 00048 122" W 57.00' Sheet 1 of 3 D23195-2 Drainage Easements: Parcel I; 79,072 square feet or 1.8152 acres Parcel 2: 51,078 square feet or 1,1726 acres Parcel 3: 43,449 square feet or 0.9974 acres Parcel 4: 30,911 square feet or 0.7096 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. 11511 ITEM No. D23195-2 DATE 9-1516 M.C.D.O,T. R/W Tech Agent: RES M.P. tri (I) reamen. L13 MENEM PROLOGIS PARK 99th MCR 1198 - 7 D23195 PARCEL Smiths Food & Drug Centers, Inc .— 101-12-643 L15 L22/ D23195 L6 I ROB LU oo Smith's Food & Drug Centers, Inc 0 101-12-644 "E `38 NO. BEARING LENGTH DE _J PARCEL 2 N89'11 L6 N 00°17'33" W 149.01' L7 S 89°17'04" W 342.62' L8 S 00050 154" E 149.79' L9 N 89°09'06" E 341.17' L10 N 89°0906" E 84.10' L11 S 00017 100" E 1.31' L12 N 89°11'38" E 206.91' L13 N 00°48'22" W 149.79' L14 S 89017'04" W 289.66' L15 S 00 0 17 133" E 149.01' L22 N 00017'33" W 51.75' Sheet 2 of 3 D23195-2 Drainage Easements: Parcel 1: 79,072 square feet or 1.8152 acres Parcel 2: 51,078 square feet or 1.1726 acres Parcel 3: 43,449 square feet or 0.9974 acres Parcel 4: 30,911 square feet or 0.7096 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. R511 ITEM No, D23195-2 DATE 9-15-16 M.C.D.O.T. R/W Tech: Agent: RES M.P. EXIST R/W Co 99th AVENUE - SEC•LN 1-0 N00°06'46"W 2641.55' C POB 270.59' EXIST R/W L16 ' DE PARCEL 4 L18 co \ / 0 NEW RN/ v D23195 Smiths Food & Drug Centers, Inc Io 101-12-643 PROLOGIS PARK 99th MCR 1198 - 7 NO. BEARING LENGTH L16 N 00°06'46" W 422.18' L17 S 89°53'14" W 69.49' L18 S 00°00'00" W 446.16' L19 S 90°00'00" E 46.20' L20 N 44°59'47" E 34.11' L23 S 89°53'14" W 53.00' Sheet 3 of 3 D23195-2 Drainage Easements: Parcel 1: 79,072 square feet or 1.8152 acres Parcel 2: 51,078 square feet or 1,1726 acres Parcel 3: 43,449 square feet or 0.9974 acres Parcel 4: 30,911 square feet or 0,7096 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. 11511 ITEM No. D23195-2 DATE 9-15-16 M.C.D.O.T. R/W Tech: Agent: RES M.P.