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AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF EL MIRAGE FOR IMPROVEMENTS TO EL MIRAGE ROAD FROM NORTHERN AVENUE TO GRAND AVENUE (TT0344) (C-91-11-226-5-01) This Amendment to the Intergovernmental Agreement (Amendment) is between the County of Maricopa, a political subdivision of the State, acting through the Maricopa County Department of Transportation (County), and the City of El Mirage, a municipal corporation (City). This Amendment shall become effective as of the date it is approved by the Maricopa County Board of Supervisors. BACKGROUND 1. The original Intergovernmental Agreement (Agreement) (C-91-11-226-5-00) explained the history, designated the roles and responsibilities of the County and City, provided cost estimates and outlined the terms and conditions for the design and construction of the various phases of the El Mirage Road project between Northern Avenue and Grand Avenue. This Agreement was approved by the Maricopa County Board of Supervisors on June 22, 2011. The City was expecting to annex an 88-foot wide section of right-of-way along Olive Avenue that runs from approximately 33-feet west of the intersection with El Mirage Road to approximately 1,320-feet east of the intersection per the Agreement. This portion of Olive Avenue, however, was not specifically called out in the Agreement so an Amendment was requested. AMENDMENTS Now therefore, it is agreed as follows: 2. Paragraph 8.1 of the Agreement is deleted and replaced with the following: "Phase 1: Design of El Mirage Road from Northern Avenue (north of the limit of the Northern Parkway project, currently estimated as 500 feet north of the curb returns of the Northern Parkway Frontage road) to Cactus Road (including the intersection at Cactus Road) and Olive Avenue (approximately 1,600 linear feet east and west of the intersection)." 8/24/2017 Page 1 of 4 3. Paragraph 19 of the Agreement is deleted and replaced with the following: "The Parties shall design and construct all phases of the Project to City standards, and the City shall annex all portions of the Project not already within the City, including the road and all areas within the full right-of-way limits of the Project, unless otherwise noted, no later than upon completion of construction, phase by phase." 4. Paragraph 27.4 of the Agreement is deleted and replaced with the following: "The City shall annex all portions of the Project phase not already within the City, including the road and all areas within the full right-of-way limits of the Project phase except the portion of Olive Avenue east of the east right-of-way line of 121st Avenue (approximately Station 149+55 per the TT0367 plans prepared by Premier Engineering dated 12-14-16), no later than upon completion of construction. The City will be responsible for the permitting, operations and maintenance of these portions upon the execution of the annexation." 5. All other conditions of the Agreement shall remain in full force and effect. End of Amendment— Signature Page Follows 8/24/2017 Page 2 of 4 IN WITNESS WHEREOF, the Parties have executed this Amendment. CITY OF EL MIRAGE Recommended by: r. Spencer A. Isom City Manager Approved and Accepted by: 94//1 Lana Mook Date Mayor Attest by: 'City Clerk Date APPROVAL OF CITY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement Amendment and declare the Amendment to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. 8/24/2017 Page 3 of 4 IN WITNESS WHEREOF, the Parties have executed this Amendment. MARICOPA COUNTY Recommended by: Jengifer foth, RE. Tra spoliation Director Approved and Accepted by: Denny Barney Date Board of Supervisors Attest by: Clerk of the Board Date APPROVAL OF DEPUTY COUNTY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement Amendment and declare the Amendment to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. Deputy County Attorney Date 8/2412017 Page 4 of 4 LEGAL DESCRIPTION RIGHT OF WAY ANNEXATION OLIVE AVENUE (Reference Maricopa County Recorders Office (MCR) Plat Book 688, Page 41) (Reference Maricopa County Recorders Office (MCR) Plat Book 987, Page 46) (Reference Maricopa County Recorders Office (MCR) Plat Book 1120, Page 04) (Reference Maricopa County Recorders Office (MCR) Plat Book 1154, Page 44) The south 33.00 feet of the southwest quarter of the southwest quarter (SW1/4,SWI/4) of Section 25, Township 3 North, Range 1 West, of the Gila and Salt River Meridian, Maricopa County, City of El Mirage, Arizona, said Section 25 and southwest quarter of the southwest quarter (SW1M,SWI/4) being defined by the above referenced plats, the distance along the south line of said Section 25 to the southeast corner (1/16 th Corner) of said southwest quarter of the southwest quarter (SW1/4,SW1/4) being approximately 1322.62 feet. Said 33.00 feet width contains 43,646 square feet or 1.0020 acres, more or less. AND; The north 55.00 feet of the northwest quarter of the northwest quarter (NW1/4,NW1/4) of Section 36, Township 3 North, Range 1 West, of the Gila and Salt River Meridian, Maricopa County, City of El Mirage, Arizona, said Section 36 and northwest quarter of the northwest quarter (NW1/4,NW1/4) being defined by the above referenced plats, the distance along the north line of said Section 36 to the northeast corner (1/I 6th Corner) of said northwest quarter of the northwest quarter (NW1/4,NW1/4) being approximately 1322.62 feet. Said 55.00 feet width contains 72,744 square feet or 1.6700 acres, more or less. AND; The south 33.00 feet of the east 33.00 feet of the southeast quarter of the southeast quarter (SE1/4,SE1/4) of Section 26, Township 3 North, Range I West, of the Gila and Salt River Meridian, Maricopa County, City of E1 Mirage, Arizona. Said 33.00 feet by 33.00 feet width contains 1,089 square feet or 0.0250 acres, more or less. AND; The north 55.00 feet of the east 33.00 feet of the northeast quarter of the northeast quarter (NE1/4,NE1/4) of Section 35, Township 3 North, Range 1 West, of the Gila and Salt River Meridian, Maricopa County, City of El Mirage, Arizona, Said 55.00 feet by 33.00 feet width contains 1,815 square feet or 0.0416 acres, more or less. Exhibit map attached and made a part hereon. Total above combined Right of Way 88.00 feet wide Annexation contains 119,294 square feet or 2.7386 acres, more or less. Expires 03/31/2019 NORTH NORTH REGISTERED ROAD ARIZONA 25 3 WEST 1 QUARTER CORNER 36 3 WEST 1 CRS SURVEYING PICCADILLY 480-620-1382 MID-SECTION LINE SECTION TOWNSHIP RANGE MID-SECTION LINE SECTION TOWNSHIP RANGE CONSULTANT E. SCOTTSDALE, 8732 SECTION LINE 03/31/2019 LINE 25 AVENUE 36 LINE ALIQUOT 1/16TH SECTION SECTION ALIQUOT 1/16TH EXPIRES MAP MIRAGE ANNEXATION ALIQUOT /16TH CORNER OLIVE 1 EXHIBIT EL OF WAY WIDE CITY OF -ANNEXATION 88.00' 55.00' RIGHT LINE (SW1/4„SW1/4) I APPROXIMATELY FEET T (NW1/4,NW1/4) SECTION SECTION CORNER 33.00' 1322.62 ---- SECTION LINE 52 0l Ui 26 35 (SE1/4,SE1/4) SECTION \ (NE1/4,NE1/4) NOT-TO-SCALE SECTIO\ LINE SECTIO\