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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.: 101-03-006L Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22586-1 (TRW) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ESB Real Estate Holdings, LLC, an Arizona limited liability company, GRANTOR(S), for and in consideration of the sum of Four Thousand Six Hundred Eighty Three and No/100 DOLLARS ($4,683.00) 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 EX.11IBIT "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 hold the Grantors harmless in case of any accident arising on and during the use of the above described property until the completion of the aforementioned project. Page 1 of 5 Parcel No.: 101-03-006L Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Terrriini: (95th Ave to 1076_ Ave) Item No.: D22586-1 (JRW) 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 Four Thousand Six Hundred Eighty Three and No/100 DOLLARS ($4,683.00) 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 Four Thousand Six Hundred Eighty Three and No/100 DOLLARS ($4,683.00) 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 Parcel No.: 101-03-006L Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22586-1 (JRW) Dated this :;Vit day of , 2017. date Holdings, LLC, an Arizona limited liability company Its: STATE OF ARIZONA COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of Ar 2017, by its (Name of Officer) (Title) ESB Real Estate Holdings, LLC, an Arizona limited liability company, on behalf of the company. THOMAS G. GEORGIOU Notary Public - State of Arizona MAR1COPA COUNTY My Commission Expires July 20, 2019 Notary Stamp Seal Page 3 of 5 Parcel No.: 101-03-006L Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22586-1 (.1"RW) Dated this 317/ day of ,2017. GRANTOR: ESB Real Estate Holdings, LLC, an Arizona limited liability company "(Signature) Its: (title) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 3/-1 day of 2017, by its fTv of ame of Officer) (Title) ESB Real Estate Holdings, LLC, an Arizona limited liability company, on behalf of the company. THOMAS G. GEORGIOU Notary Public- State of Arizona MAR ICOPA COUNTY My Commission Expires Jury 20, 2019 Notary Stamp Seal Page 4 of 5 Parcel No.: 101-03 -006L Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22586-1 (JRW) RECOMMENDED FOR APPROVAL: Apev ght-of-Way Agent Real Property Branch Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By: Chaiiman 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. 101-03-006L Project No. TT511 MC-85 at 83 AVENUEand CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. D22586-1 ,EXATBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2004-1156757, Maricopa County Records, 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: 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 North-South midsection line of said Section 8 North 00 002151" West, a distance of 65.00 feet to the existing North right of way line of MC 85, also being the Southwest corner of said property and the POINT OF BEGINNING; THENCE along said North right of way line North 89 011 138" East, a distance of 61.72 feet; THENCE departing said North right of way line North 00°4822" West, a distance of 112.22 feet; THENCE North 89 0 11 138" East, a distance of 293.99 feet to the East line of said property; THENCE along said East property line North 03°46'17" West, a distance of 21.43 feet; THENCE departing said East property line South 89 011 138" West, a distance of 352.83 feet to said midsection line, also being the West line of said property; THENCE along said midsection line South 00°0251" East, a distance of 133.64 feet to the POINT OF BEGINNING. The above described parcel contains 14,409 square feet or 0.3308 Acres more or less. Page 1 of MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chic Appr: Rev: EXPIRES 12 / 31 /2017 Maricopa County - Real Estate Divis'on (TY GRANTOR "-DATE EXHIBIT ‘)S," LN D22586 SEC N.T.S. ESB Real Estate Holdings LLC MID 101-03-006L FTCE /L5 _..., r ......,.. L3 E......... FOB Li EXIST RNV MC 85 SEC LN N89°11 '38"E 2653.78: EXIST R/W NO. BEARING LENGTH Li N 89°11'38" E 61.72' . L2 N 00°48'22" W 112.22' L3 N 89°11'38" E 293.99' L4 N 03°46'17" W 21.43' L5 S 89°11'38" W 352.83' L6 S 0000251" E 133.64' L7 N 00002'51" W 65.00' 022586-1 Temporary Construction Easement: 14,409 square feet or 0.3308 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. D22586-1 DATE 9-15-16 M,C.D.O.T. R/W Agent: P.M. Tech: RES