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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division Exem t ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 101-02-005-A Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22585-1 (TRW) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, BSE, LLC, an Arizona limited liability company, GRANTOR(S), for and in consideration of the sum of Six Thousand Two Hundred Seventy Five and No/100 DOLLARS ($6,275.00) 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 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 6 Parcel No.: 101-02-005-A Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22585-1 (.1RW) 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 described herein Exhibit "A" 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 ektend this agreement. C. To pay the Grantor the sum of Six Thousand Two Hundred Seventy Five and No/100 DOLLARS ($6,275.00) 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. F. That the proposed construction shall, in part, affect access to the subject property which is served by three (3) access driveways abutting West Buckeye Road (MC85) which are all open for daily use. Designated for the purposes of this Section F from east to west along West Buckeye Road (MC 85) as: (i) "Access Drive 1", which primarily servos large semi-trucks, (ii) "Access Drive 2", which is located between (i) "Access Drive 1", and (iii) "Access Drive 3", which primarily serves as the main entryway for daily office traffic and (iii) "Access Drive 3" which is also used for daily office traffic and the primary entry for supply trucks. The construction work to be done at (i) "Access Drive rshall only be constructed one-half across, at any one time, and shall not restrict any truck access to and from the property at any time and will be restricted for the least amount of time possible. (ii) "Access Drive 2" is open for daily office traffic use. However, on an as needed basis, will serve for the purpose of this project TT0511 as an alternate access point for (iii) Access Drive 3 when Access Drive 3 is under construction. To give at notice to Grantor's representative before commencement of construction activities, to comply with the agreements set forth above regarding all three access driveways, to use its best efforts to minimize any disruption to the access of the property and to ensure adequate access at all times, and to coordinate construction so that at least one access drive, consisting of either (ii) Access Drive 2 or (iii) Access Drive 3, will be open to everyday traffic and so that Grantor and and/or its affiliate's, Page 2 of 6 agents, employees, tenants, guests and invitees shall have access to the property at all times. THE GRANTORS AGREE: 1. To grant a temporary construction 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 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 Six Thousand Two Hundred Seventy Five and No/100 DOLLARS ($6,275.00) 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 'ID" above. 5. That the proposed construction shall, in part, affect access to the subject property which is served by three (3) access driveways abutting West Buckeye Road (MC 85) are all open for daily use, designated for the purposes of this Section F from east to west along West Buckeye Road (MC 85) as: (i) "Access Drive r, which primarily serves large semi- trucks, (ii) "Access Drive 2", which is located between (i) "Access Drive 1", and (iii) "Access Drive 3", which primarily serves as the main entryway for daily office traffic and which is also used as the primary entry for supply trucks. (i) The construction work to be done at (i) "Access Drive 1"shall only be constructed one-half across, at any one time, and shall not restrict any truck access to and from the property at any time and will be restricted for the least amount of time possible. (ii) "Access Drive 2" is open for daily office traffic use. However, on an as needed basis, (ii) "Access Drive 2" will serve for the purpose of this project TT0511 as an alternate access point for (iii) Access Drive 3. To give at notice to Grantor's representative before commencement of construction activities, to comply with the agreements set forth above regarding all three access driveways, to use its best efforts to minimize any disruption to the access of the property and to ensure adequate access at all times, and to coordinate construction so that at least one access drive, consisting of either (ii) Access Drive 2 or (iii) Access Drive 3, will be open to everyday traffic and so that Grantor and and/or its affiliate's, agents, employees, tenants, guests and invitees shall have access to the property at all times. Page 3 of 6 Parcel No.: 101-02-005-A Proj ect No.: T10511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22585-1 (.1RW) Dated this e day of ,2017. LLC, an Arizona limited liability company Its: (Title) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of 2017, by 4lef- its of (Name of Officer) (Title) BSE, LLC, an Arizona limited liability company, on behalf of the company. My Commission Expires 7 Zé Notary Public (signature) THOMAS G. GEORGIOU Notary Public - State of Arizona My Commission MARICOPA Expires COUNTY July 20, 209 Notary Stamp Seal Page 4 of 6 Parcel No.: 101-02-005-A Project No.: IT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22585-1 (TRW) Dated this GI, day of ,2017. GRANTOR: BSE, LLC, an Arizona limited liability company STATE OF MARICOPA ) ss COUNTY OF MAR1COPA ) The foregoing instrument was acknowledged before me this ,t3,V-A day of 2017, by 4/2 its (Name f Offic BSE, LLC, an Arizona limited liability company, on behalf of the company. My Commission Expires 7-70..-1 Notary Public (signature) THOMAS G. GEORGIOU Notary Public-State of Arizona MARICOPA COUNTY My Commission Expires July 20,2019 Notary Stamp Seal Page 5 of 6 Parcel No.: 101-02-005-A Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22585-1 (JRW) RECOMMENDED FOR APPROVAL: im)/741-;-, 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 6 of 6 Parcel No. 101-02-005A Project No. TT511 MC-85 at 83"I AVENUE 107th and CENTER TURN LAINE EXPANSION MC 85: AVENUE to 95th AVENUE Item No. D225854 EXHIBIT "A" LEGAL DENCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENTS Two parcels of land being a portion of that property as described in Document 20034517317, 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 South quarter corner of Section 8, from which the Southwest corner of said Section 8 bears South 89°32'42" West, a distance of 2628.78 feet; THENCE along the South line of said Section 8 South 89°32'42" West, a distance of 581.08 feet; THENCE departing said South section line North 00°27'18" West, a distance of 65,00 feet to a point of the existing North right of way line of MC 85, also being the South line of said property line and the POINT OF BEGINNING; THENCE departing said North right of way line North 00'27'18" West, a distance of 11.00 feet; THENCE South 89°32'42" West, a distance of 31.09 feet; THENCE North 00°27'18" West, a distance of 16.00 feet; THENCE South 89°32'42" West, a distance of 88.43 feet; THENCE South 00'27'18" East, a distance of 16.00 feet; THENCE South 89°3242" West, a distance of 119.18 feet; THENCE South 89'31'34" West, a distance of 9.90 feet; THENCE North 00°27'18" West, a distance of 38.07 feet; THENCE South 8920'12" West, a distance of 88.88 feet; THENCE South 00°27'18" East, a distance of 38,66 feet; THENCE South 89'00'11" West, a distance of 87.64 feet to the West line of said property; THENCE along said West property line South 00'02'43" East, a distance of 9.85 feet to said North right of way line; THENCE departing said West property line along said North right of way line North 89°32'36" East, a distance of 96.84 feet; THENCE departing said North right of way line North 42'0402" East, a distance of 12,55 feet; THENCE North 89°20'12" East, a distance of 52.69 feet; THENCE South 44'35'27" East, a distance of 13.15 feet to said North right of way line; THENCE along said North right of way line North 89°32'42" East, a distance of 148.50 feet; THENCE departing said North right of way line North. 44°15'26" East, a distance of 12.67 feet; -/ 7 GRANTOR D22585-I (cont'd) THENCE North 89032142" East, a distance of 52.23 feet; THENCE 'South 45°24'5o" East, a distance of 12,72 feet to said North right of way lino; THENCE along said North right away line North .89032'38" East, a distance of 39.39 feet to the POINT OF BEGINNINO. The above described parcel contains 8,270 square feet or Q:1899 Acres more or less,. PARCEL TWO: COMMENCING at the South queer 00111er of Section 8, from which the Southwest corner of said Section 8 bears South 89 032142" West, a distance 02628.78 feet; THENCE along the South-line of said Section 8 South 89 032142" West, a distance of 108.11 feet; THENCE departing said South sectloP. line North 00 027118" Wt, 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 right of way fine North , 899240" East l a distance of 108,57 feet to the East fine of said property, also being the North.-South midsection line of said Section 8; THENCE departing said North right of way line and along said East property line and North-South midsection_ li-ne North 00 00251" West,. distance of 133.64 fee; THENCE departing Said East property line South 89°1138" West, a distance of 11.49 feet; THENCE South 00ä48122n a distance of 85,57 feet; THENCE South 89 032142" West, a distance of 98.56 feet; THENCE South 0002718" East, a distance of 48.00 feet to the POINT OF BEGINNING. The aboVe described parcel contains 6,155 square feet or 0.1413 Acres more or lesS. Parcels 1 and 2 combined total 14,425 square feet- or 0.3312 Acres more or less. Page 2 of 2 22260 KENNETH W. • GREEN MARICOPA COUNTY DEPARTMENT OF.TBANSPORTATION Prelim: RE.5 8/10/16 chtc Appr: Rev: EXPIRES 12 / 31 / 2017 Maricopa County - Real Estate DiVisiOn D22585 BSE LLC 101-02-005A TOE PARCEL 1 \ L7 L4 L3 L12 ti1 —'J .L15 (. 71 Li L13 L17 EXIST R/W L14 L16 t18-1/ L20-3 2\—PoB NEW R/V11 MC 85 NEW L21 581 08' 5'89°32'42"W • 2628.78' SEC LN EXIST R/VV NO. BEARING LENGTH ' NO. BEARING LENGTH LI N 00°27'18" W 11.00' L12 S 00°02'43' E 9,65' L2 8 89032142 1 W 31.09' L13 N 89 032136" E 96,84' L3 N 00°27'1 8"W 16.00' L14 N 42°04 1021' E 12.55' L4 S 89°32'42" W 88.43' 05 N 89°2012" E 52.69' L5 8 00 02718" E 16.00' t16 8 44°35'27" E 13.15' L6 S 89°32'42" W 119,18.' L17 N 89032142" E 146,50' L7 S 89°31'34" W 9.90' L18 N 44°15'26" E 12.87' L8 N 00°27 118"W 38.07' L19 N 89°32'42" E 52.23' . L9 S 89 02012" W 88,88' L20 845°2450" E 12.72' L10 S 00 027 118" t 38.06' L21 N 89°32 138" E 3939' Li 1 S 89°00'11" W 87.64' I.428 N-00°2716" W 65.0cy Sheet 1 of 2 D225854 Temporary Construction EasemOnts: Parcel 1: 8,270 square feet or 0.1899 acres Parcel 2: 6,155 square feet or 0,1413 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, D225854 DATE 9-1546 M,C,D,O,T. RIW Agerit: Pilvt Tech: RES D22585 BSE LLC 101-02-005A L24 1.0 TGE PARCEL 2 L26 EXIST RN/ roB ----- .0) L22 \\SEC LN MC 85 /08:Vr co SEC LN S89°3242"W 262a78' N89°11`38"E 2653.78' EXIST R/W BEARING LENGTH L22 N 89°32'40" E 108;57 1 L23 N 00°02'51" W 13364' L24 S 89°11'38" W 11.49' L25 S 00048 122" E 85.57' _ L28 S 8932'42" IA/ 98.56' L27 S 00027 118" E 46.00' L29 N 00 027 118" W 65.00' sheet 2 of 2 ,D225854 Temporary Construction Easethents: Parcel 1: 8,270 square feet or 0.1899 acres Parcel 2: 6,155'square feet or 0.1413 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTWENT OF TRANSPORTATION MC 85 at 83rd AVENUE -and CENTER TURN LANE EXPANSION PROJECT No ITEM No. D22585-1 DATE 9-15-16 M.C.D,O.f R/W Tech: Agent: RES P.M.