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, WHEN RECORDED RETURN TO: Maricopa County Real Estate Division Exempt ARS 11-H34, A2 (-MO .V3- DRAW AGE EASEMENT Parcel No.: 101-03-006L Project No.: TT0511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22586-2 (.1RW) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ESB Real Estate Holdings, LLC, an Arizona limited liability company hereinafter called the GRANTOR(S), for and in consideration of the sum of One Hundred Two Thousand, Three Hundred Forty-Four and No/100 DOLLARS ($102,344.00) 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 drainage easement for the purpose of constructing and maintaining the basin(s) and appurtenances on, over, under and across the ground embraced within a parcel of land situated in the County of Maricopa, State of Arizona, and being described as follows: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION The GRANTEE or its agents, successors and assigns shall at all times have the right of full and free ingress and egress to said easement 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 farther consideration paid than herein specified. /// /// /// /// /// Page 1 of 5 EXHIBIT "B" Parcel No.: 101-03-006L Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Tannini: (95th Ave to 107th Ave) Item No.: D22586-2 (JRW) THE COUNTY OF MARICOPA AGREES: A. To use the property described herein Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantor the sum of One Hundred Two Thousand, Three Hundred Fourty -Four and No/100 DOLLARS ($102,344.00) as payment in full for the property described herein. C. GRANTEE agrees to relinquish all rights granted herein to the above described property in the event that the Grantor OR GRANTOR'S SUCCESSOR IN INTEREST shall at any time in the future develop the parcel containing the easement, 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. D. That no costs relating to construction of Project No. TT0511 will be charged to the Grantor. THE GRANTOR(S) AGREE(S): 1. To grant a drainage easement for the property described herein 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 One Hundred Two Thousand, Three Hundred Forty -Four and No/100 DOLLARS ($102,344.00) as payment in full for the property described herein. 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.: D22586-2 (JRW) Dated this 361 day of ,2017. GRANTOR,: E0i14eal Estai,e/Holdings, LLC, an Arizona limited liability company By: STATE OF ARIZONA ) ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 3 id/ day of 4 2017, by / its • • (Name of Officer) (Title) ESB Real Estate Holdings, LLC, an Arizona limited liability company, on behalf of the company. THOMAS G. GEORG1OU Notary Public - Slate of Arizona MARICOPA 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.: D22586-2 (JM) Dated this 30/ day of , 2017. GRANTA: 013/Real Esp*Holdings, LLC, an Arizona limited liability company By: (*nature) Its: 44 t)4Vre-__ Ville) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of 2017, by ) its of (Name of Officer) (T'rfle) ESB Real Estate Holdings, LLC, an Arizona limited liability company, on behalf of the company. THOMAS G. GEORGIOU Notary Public - State of Arizona My Commission MARICOPA Expires COUNTY July 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 Teimini: (95th Ave to 107th Ave) Item No.: D22586-2 (JRW) RECOMMENDED FOR APPROVAL: G(Z-tr174". Real Property Branch Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By: Chainnan 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 83rd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107thAVENUE to 95th AVENUE Item No. D22586-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE 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 South line of said Section 8 North 89 011'38" East, a distance of 62.58 feet; THENCE departing said South section line North 00'48'22" West, a distance of 65.00 feet to the existing North right of way line of MC 85, also being the South line of said property and the POINT OF BEGINNING; THENCE along said North fight of way line North 89°11'38" East, a distance of 280.87 feet to the East line of said property; THENCE along said East property line North 44°11'38" East, a distance of 25.46 feet; THENCE North 03 046 117" West, a distance of 94.35 feet; THENCE departing said East property line South 89°11'38" West, a distance of 293.99 feet to the West line of said property; THENCE along said West property line South 00°48'22" East, a distanc,e of 112.22 feet to the POINT OF BEGINNING. The above described parcel contains 33,148 square feet or 0.7610 Acres more or less. Page 1 of I MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RFS 8/10/16 Chk: Appr: Rev: Maricopa County Real Estate Division GRANTOR tiv--) 4 irJ)ATE EXHIBITA" LN D22586 N.T.S. SEC ESB Real Estate Holdings LLC 1O1-03-006L MID DE ,:IIIIIII•I1 L4 Imgm=1 pmwm.1 POB L1 EXIST R/W MC 85 62.58' SEC LN N89°11 138E 2653.78' EXIST RNV • NO. BEARING LENGTH L1 N 890 11 138" E 280.87' . L2 N 44°11 (38" E 25.46' L3 N 03°46'17" W 94.35' L4 S 89°11'38" W 2943.99' L5 S 00048 122 11 E • 112.22' L6 N 00048'22"W 65.00' D22586-2 Drainage Easement: 33,148 square feet or 0.7610 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. D22586-2 DATE 9-15-16 M,C.D.O.T. R/W Tech: Agent: RES P.M.