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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division Exempt ARS 11-1134,A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 101-02-002 Project No.: TT0511 Project Name: MC85 at 83"d Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22581-1 (KGR) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, 105th & Buckeye, LLC, an Arizona limited liability company, GRANTOR, for and in consideration of the sum of One Thousand One Hundred Ninety-One and No/100 Dollars ($1,191.00) 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 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: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION That said Temporary Easement is granted for use of the above described property during the construction of the improvement of a public highway. That the undersigned shall not incur any expense as a result of the use of the above described property by Maricopa County, and that the property shall be used during the period of construction of Project Number TT0511. That Maricopa County shall indemnify and hold the Grantor(s) 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 above described property by Maricopa County, its employees or contractors, pursuant to this Temporary Construction Easement. All claims shall be submitted in accordance with the requirements of A.R.S. § 12-821 et seq. Page 1 of 5 Parcel No.: 101-02-002 Project No.: TT0511 Project Name: MC85 at 83r d Avenue & Center Turn Lane Expansion Project Termini . (95th Ave to 107th Ave) Item No.: D22581-1 (KGR) 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 MAR1COPA AGREES: A. To use the property described herein for the general welfare and benefit of the public. B. To make this Temporary Construction Easement and Agreement effective upon the commencement of construction for the duration of one year with the option to extend this agreement. C. To pay the Grantor the sum of One Thousand One Hundred Ninety-One and No/100 Dollars ($1,191.00)as payment in full for one year. Additional time, if required will be paid in monthly increments based on the initial annual rate. 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. THE GRANTORS AGREE: 1. To grant a temporary construction easement for the property described herein to the County of Maricopa and/or its agents for the general welfare and benefit of the public. 2. To accept this Temporary Construction Easement and Agreement effective upon the commencement of construction for the duration of one year with the option to extend this agreement. 3. To accept the sum of One Thousand One Hundred Ninety-One and No/100 Dollars ($1,191.00)as payment in full for one year. Additional time, if required will be paid in monthly increments based on the initial annual rate. 4. That the County, or its agents, is hereby granted the right to enter upon the remaining property of the Grantor for the purpose of accomplishing "D" above. Page 2 of 5 GRANTOR: 105th & Buckeye, LLC, an Arizona limited liability company By: Clarke Kent LLC, an Arizona limited liability company, a member (-72 I ent Baker, as manager STATE OF Atz,zot,irc ) § COUNTY OF M A/2.ic 0 PA' The foregoing instrument was acknowledged before me this '2_ 7 day of ..5 2017, by Kent Baker its _mwn.ag ex of Clarke Kent LLC, an Arizona limited liability company for 105 th & Buckeye, LLC , an Arizona limited liability company, on behalf of the company. My Commission Expires 3 zz- titM!ty 164AFq_-.v , LgiE;rff c.:0,*xy ipilifiww$vcca, v.ai:th 2, 221 Notary Stamp Seal Page 3 of 5 Parcel No.: 101-02-002 Project No.: TT0511 Project Name: MC85 at 83r d Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22581 (KGR) Dated this day of ,20 /7 GRANTOR: 195th & Buckeye, LLC, an Arizona limited liability company By: The Christophei, Benjamin Family Trust dated October 19, 2000 Christopher P. Benknin/as Trustee STATE OF Ag-i'z.ON ) § COUNTY OF IV AucoF A-- The foregoing instrument was acknowledged before me this 2- day of 2017, by ,11/1/S: pA P eao -ath as Trustee(s) of the Christopher and Linda Benjamin Family Trust Dated October 19, 2000 for 105th & Buckeye, LLC , an Arizona limited liability company, on behalf of the company. My Commission Expires 2 Notary Publiolsignatur Notary Stamp Seal Page 4 of 5 Parcel No.: 101-02-002 Project No.: TT0511 Project Name: MC85 at 83r d Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22581-1 (KGR) RECOMMENDED FOR APPROVAL: 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 form and within the powers and authority of the Board of Supervisors Deputy County Attorney Date Page 5 of 5 Parcel No. 1014)2-002 Project No. TT511 MC-85 at 83 1.d AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95 th AVENUE Item No. D22581-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENTS Three parcels of land being a portion of that property as described in Document 2005-1859319, Maricopa County Records, lying within the Southwest 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 Southwest corner of Section 8, from which the South quarter corner of said Section 8 bears North 89 03242" East, a distance of 2628.78 feet; THENCE along the South line of said Section 8 North 89°32'42" East, a distance of 1079.39 feet; THENCE departing said South section line North 00 007 149" West, a distance of 40.43 feet to a point on the West line of said property and the POINT OF BEGINNING; THENCE departing said West property line North 87°2746" East, a distance of 35.58 feet; THENCE North 02 032'14" West, a distance of 16.00 feet; THENCE South 87027146" West, a distance of 34.91 feet to said West property line; THENCE along said West property line South 00 007'49" East, a distance of 16.01 feet to the POINT OF BEGINNING. The above described parcel contains 564 square feet or 0.0129 Acres more or less. PARCEL TWO: COMMENCING at the Southwest corner of Section 8, from which the South quarter corner of said Section 8 bears North 89 032 142" East, a distance of 2628.78 feet; THENCE along the South line of said Section 8 North 89 032142" East, a distance of 1145.92 feet; THENCE departing said South section line North 00°27'18" West, a distance of 42.84 feet to the POINT OF BEGINNING; THENCE North 87 027 146" East, a distance of 63.27 feet; THENCE North 0203214" West, a distance of 15.00 feet; GRANTOR V-17 DATE Lzb Page 1 of 2 EXHIBIT "A" D22581-1 (cont'd) THENCE South 87°27'46" West, a distance of 63.27 feet; THENCE South 02°32'14" East, a distance of 15.00 feet to the POINT OF BEGINNING. The above described parcel contains 949 square feet or 0.0218 Acres more or less. PARCEL THREE: COMMENCING at the Southwest corner of Section 8, from which the South quarter corner of said Section 8 bears North 89°3242" East, a distance of 2628.78 feet; THENCE along the South line of said Section 8 North 89 032142" East, a distance of 1271.71 feet; THENCE departing said South seetion line North 00027'18" West, a distance of 47.41 feet to the POINT OF BEGINNING; THENCE North 02029136" West, a distance of 20.02 feet; THENCE North 87 034'49" East, a distance of 43.87 feet to the East line of said property; THENCE along said East property line South 00 002'43" East, a distance of 20.03 feet to the beginning of a non-tangent curve, the center of which bears South 02 02012" East, a distance of 15055.00 feet; THENCE westerly along the arc of said curve, through a central angle of 00 009149, for an arc distance of 43.01 feet to the POINT OF BEGINNING. The above described parcel contains 869 square feet or 0.0200 Acres more or less. Parcels 1, 2 and 3 combined contain 2,382 square feet or 0.0547 Acres more or less. Page 2 of 2 --t‘ Lana P'="-cfICA7'ss' 0J ) a 22260 KENNETH W. GREEN MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION / esk, 19:Z/fe.2414.6 Prelim: RES 8/10116 Chk: App r: Rev: EXPIRES 12 /31 /2017 Maricopa County - Real Estate Division GRANTOR ft13 DATE 6 2' 10-7 EXMBIT "A" EXHIBIT "A" NO. RADIUS DELTA LENGTH TANGENT Cl 15055.00' 00 009149" 43.01' 21.51' D22581 105th & Buckeye LLC 101-02-002 ICE N.T.S. TCE TCE PARCEL 3 PARCEL 1 L7 POB c; L- SZ9..L.11.\ ./ 1079.39' 1145.92 1 1271.71' N89°32'42"E 2628.78' / MC 85 EXIST R/W NO. BEARING LENGTH Ll N 87°27'46" E 35.58' L2 N 02°32'14" W 16.00' NO. BEARING LENGTH L3 S 87027'46"W 34.91' RBI S 02°20'12" E 15055.00' L4 S 00°07'49" E 16.01' L5 N 87°27'46" E 63.27' L6 N 02°32'14" W 15.00' L7 S 87°27'46" W 63.27' L8 S 02°32'14" E 15.00' L9 N 02029 136" W 20.02' L10 N 87°34'49" E 43.87' Li 1 S 00°02'43" E 20.03' L12 N 00°07'49" W 40.43' L13 N 00°27'18" W 42.84' L14 N 0002718" W 47.41' D22581-1 Temporary Construction Easements: Parcel 1: 564 square feet or 0.0129 acres Parcel 2: 949 square feet or 0,0218 acres Parcel 3: 869 square feet or 0.0200 acres EXPIRES 12131/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. TT511 ITEM No. 1J22581-1 DATE 9-15-16 M.C.D.O,T. R/W Agent: P.M. Tech: RES