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WHEN RECORDED RETURN TO: Maricopa County Real Estate Department 2801 W. Durango Phoenix, Arizona 85009 EXEMPT ARS 11-4134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 101-12-001K, 001F, 001M Project No.: TT0345 - MC85 (83rd Avenue & Center Turn Lane Expansion) Item No.: D22569-1 (PM) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Phoenix Logistics Center, LLC, a Delaware limited liability company, GRANTOR, for and in consideration of the ONE THOUSAND FIVE HUNDRED FIFTY SIX AND NO/100 DOLLARS ($1,556.00) and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey to MARICOPA COUNTY, a political subdivision of the State of Arizona, its successors, and assigns, GRANTEE, a Temporary Construction Easement (the "Temporary Easement") on, over, under and across the ground embraced within a parcel of land situated in the County of Maricopa, State of Arizona, and described as follows (the "Property"): SEE EXHIBIT "A" FOR LEGAL DESCRIPTION That said Temporary Easement is granted for use of the Property during and related to the construction of the improvement of a public highway. That the Grantor shall not incur any expense or liability as a result of the use of the Property by Maricopa County, and that the Property shall only be used during the period of construction of: Project Number TT0345. That Maricopa County shall indemnify and hold the Grantor harmless in case of any action or claim against the Grantor arising out of Maricopa County's use of the Property. Page 1 of 4 Parcel No.: 101-12-001K, 001F, 001M Project No.: TT345 - MC85 (83rd Avenue & Center Turn Lane Expansion) Item No.: D22569-1 (PM) 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. THE COUNTY OF MARICOPA AGREES: A. To use the Property for the general welfare and benefit of the public. B. Its right to use the Temporary Easement shall commence upon the construction of Project No. TT0345 (the "Commencement Date"), and shall expire on the date which is the earlier of (i) one (1) year following the Commencement Date, or (ii) completion of Project No. TT0345 (with such time period being the "Term"). Notwithstanding the foregoing, Maricopa County shall have the right to extend the Term beyond one (1) year by providing the Grantor written notice of such extension and paying the Grantor the applicable amount set forth in Paragraph C below. C. To pay the Grantor the sum of ONE THOUSAND FIVE HUNDRED FIFTY SIX AND NO/100 DOLLARS ($1,556.00) as payment in full for one (1) year. The payment for additional time, if requested pursuant to Paragraph B above, will be paid in monthly increments in advance based on the initial annual rate. D. That, if in the reasonable opinion of the Transportation Director, it becomes necessary, fences and private structures located within the Property 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. To not allow or cause any monetary liens to attach to the Property related to the construction of Project TT0345. THE GRANTORS AGREE: 1. To grant the Temporary Easement for the Property to the County of Maricopa and/or its agents for the general welfare and benefit of the public. 2. Marieopa County shall have the right to use the Temporary Easement during the Term, as same may be extended pursuant to Paragraph B above. 3. To accept the sum of ONE THOUSAND FIVE HUNDRED FIFTY SIX AND NO/100 DOLLARS ($1,556.00) as payment in full for one (1) year. The payment for additional time, if requested pursuant to Paragraph B will be paid in monthly increments in advance based on the initial annual rate. 4. That, if in the reasobnable opinion of the Transportation Director, it becomes necessary, fences and private structures located within the Property 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. Page 2 of 4 Parcel No.: 101-12-001K, 001F, 001M Project No.: T1345 - MC85 (83rd Avenue & Center Turn Lane Expansion) Item No.: D22569-1 (PM) Dated this )(---" day of A110.- 2017. GRANTOR: PHOENIX LOGISTICS CENTER LLC, a Delaware !finked liability company By: Name: ve.iik Title: Aulo---;'.E...eci STATE OF ARIZONA) ) ss. County of Maricopa The foregoing instrument was acknowledged before me this ';.cf rkday of A54 2017, by cver4 —17L.,-,s40\ the A0.11.-04i.eci "R,p e- se,,c1.14of PHOENIX LOGISTICS CENTER LLC, a Delaware limited liability company, on behalf of the company My commission expires: ria F-1CIOLEE A NIEMEYER abiC . Sr6!. a. ..ekr*eo+a Ma6copa C—Duniv CommLss:on, E My 11, 2021 Notary Stamp Seal Page 3 of 4 Parcel No.: 101-12-001K, 001F, 001M Project No.: TT345 - MC85 (83rd Avenue & Center Turn Lane Expansion) Item No.: D22569-1 (PM) RECOMMENDED FOR APPROVAL: Murli Real Property Branch Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By Chairman of the Board ATTEST: Date Clerk of the Board of Supervisors Approved as to faun and within the powers and authority of the Board of Supervisors: Deputy County Attorney Date Page 4 of 4 Parcel No. 101-12-001K, 001F, 00111/I Project No. TT345 MC-85 at 83RD AVENUE and CENTER TURN LANE EXPANSION Item No. D22569-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT (ICE) Four Temporary Construction Easement parcels of land being a portion of that property as described in Document 2008-0087619, Maricopa County Records, lying within the Northwest Quarter of Section 15, Township 1 North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona, and being more particularly described as follows: TCE 1 (SEE DETAIL 1) COMMENCING at the Northwest corner of the Northwest Quarter of said Section 15, from which the West Quarter corner bears South 01 048 107" West, a distance of 2,663.96 feet and from which the North quarter corner bears North 84 02453" East, a distance of 2,547.09 feet; thence along the West line of the Northwest Quarter of said Section 15, South 01 048 107" West a distance of 454.48 feet; thence leaving said West line, South 88 011 153" East a distance of 44.00 feet to a point on a line parallel with and 44.00 feet East of said West line and also the POINT OF BEGINNING; thence along the said parallel line, North 01°48'07" East a distance of 314.05 feet; thence leaving said parallel line, North 87 006 149" East a distance of 5.02 feet to a point on a line parallel with and 49.00 feet East of said West line; thence along the last said parallel line, South 01 048 107" West a distance of 314.46 feet; thence leaving fast said parallel line, North 88°11'53" West a distance of 5.00 feet to the POINT OF BEGINNING, containing 1,571 square feet or 0.0361 acres, more or less. TCE 2 (SEE DETAIL 2) COMMENCING at the Northwest corner of the Northwest Quarter of said Section 15, from which the West Quarter corner bears South 01°48'07" West, a distance of 2,663.96 feet and from which the North quarter corner bears North 84°24'53" East, a distance of 2,547.09 feet; thence along the North line of the said Northwest Quarter, North 84 024 153" East a distance of 231.82 feet; thence leaving said North line, South 05035 107" East a distance of 98.02 feet to the POINT OF BEGINNING; thence South 03 05443" East, a distance of 11.00 feet; thence South 86°1421" West, a distance of 86.45 feet; thence North 02 053'11" West, a distance of 11.13 feet to the beginning of a non-tangent curve, the center of which bears North 03 025 148" West, a distance of 9,904.52 feet; thence easterly along the arc of said curve, through a central angle of 00°09'59", for an arc distance of 28.75 feet to the beginning of a non-tangent line; thence North 86°14'25" East, a distance of 56.49 feet to the beginning of a non-tangent curve, the center of which bears North 03°55'23" West, a distance of 9,904.52 feet; thence easterly along the arc of said curve, through a central angle of 00°00'21", for an arc distance of 1.00 feet; to the POINT OF BEGINNING, containing 952 square feet or 0.0218 acres, more or less. Page 1 of 2 D22569-1 (cont'd.) TCE 3 (SEE DETAIL 3) COMMENCING at the Northwest corner of the Northwest Quarter of said Section 15, from which the West Quarter corner bears South 01°48'07" West, a distance of 2,663.96 feet and from which the North quarter corner bears North 84°24'53" East, a distance of 2,547.09 feet; thence along the North line of the said Northwest Quarter, North 84°24'53" East a distance of 1,358.92 feet; thence leaving said North line, South 05°35'07" East, a distance of 69.58 feet to the POINT OF BEGINNING; thence South 06°05'27• East, a distance of 38.03 feet; thence North 83°57'44" East, a distance of 41.09 feet to the beginning of a non tangent curve, the center of which bears South 85°08'42" West, a distance of 268.00 feet; thence northerly along the arc of said curve, through a central angle of 00°43'48", for an arc distance of 3.41 feet; thence North 05°35'06" West, a distance of 34.63 feet to the beginning of a non-tangent curve, the center of which bears South 05°59'42" East, a distance of 17,937.00 feet; thence westerly along the arc of said curve, through a central angle of 00 007 157 1 , for an arc distance of 41.45 feet to the POINT OF BEGINNING, containing 1,571 square feet or 0.0361 acres, more or less The three above described parcels combined contain 4,094 square feet or 0.0940 acres, more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 02/20/2013 LV Chk: Appr: Rev: 03/25/15 jb; 09/25/15 jb;11/17/2015 jb; 12/08/2015 jb; 02/23/16 jb; 03/28/16 jb; 06/22/16 jb; 08122/16 jb; 06/15/17 jb Maricopa County Public Works - Real Estate Division GRANTOR DATE 9/30177,917 EXHIBIT "A" Page 2 of 2 Logistics LLC 022559 Center 101-12-001N 20.00' Phoenix 12017 11 / 31 TE! 12 2,547.09' 805'35107"E 98.32' 80354'43' 11.00' INTERIOR property MCR; EXPIRES ,D.ETAIL-2 \ "101-12-001M of that in • 345, 34.63' TCE-2/ DEP of Pg —‘ line described 106"W 183, 1 C9 West as Nat N05°35 SHEET OF 1 MIM"1:11. "W 4121 N,T,S, NO2'5311'W S 8 6 °1 8645' P.M. 11.1 3T jb Agent: \ Tech: ••••=0••••• C11 41.09' R/W • 11••••• I ral 101-12-001J N83057'44"E LEGEND: RIW RPM LINE LINE 107E EXPANSION EXIST. NEW PROP. SEC. ICE 806°05'27"E I ,D.O.T. S05°35 69.58' 38.03' ,351r.f.7 TCE-3 // M,C DETAIL-3 15 12 1; \ DIVISION LANE MAP ARC DISTANCE 22.2i 100' SEC. 101, R1E DETAIL.3 24'53"E. N84°24'53"E 1/4, BOOK TIN, ESTATE TURN 06-15-17 CENTRAL ANGLE 0959" 21 4348" N84° A. NW [DATE 00 00 00°07'57" DATA OD CO 587006'49"W REAL CENTER RADIUS 9904,5Z 9904.52' 288.00' 17937.02 ROW-2 5,02' TCE-1 S88°11'53TTE (Tcp CURVE 74 5.00' EASEMENT ACRES ACRES ACRES ACRES WORKS and BEARING NO3°25'48"W [ T I ;51t Ici)g 0,0361 0.0218 0.0361 0,0940 D22569-1 RADIAL L103°5523"W 585°08'42"W S05°59`42"E • ',<=3 cc NN. CONSTRUCTION OR OR OR OR AVENUE No, DETAIL-2 R/W IN I 1 1'E FEET FEET FEET FEET PUBLIC CURVE NC. C-8 C-9 C-10 C- 11 NEW ---/(\ 153 SQUARE SQUARE SQUARE SQUARE 83rd ITEM TCE.2 Logistics LLC Logistics 8°11 44.00' TEMPORARY 1,571 952 1 571 4,094 at MOS5 D22569 enter 101-12-001L DETAIL-I D22569 LLC 101-12-001F DETAIL-1 S8 C22569-1 TOE-I: TCE-2: ICE-3: TOTAL: 85 TCE.1 Phoenix Phoenix Center MC No,T1345 PROJECT LU LU 17.-o E_o cs-.5 co CN