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WHEN RECORDED RETURN TO: Marieopa County Real Estate Division Exempt ARS 11-1134, A2 DRAINAGE EASEMENT Parcel No.: 101-05-013B Project No.: TT0511 Project Name: MC85 at 83 1'1 Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22588-2 (pm) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Circle K Stores Inc., a Texas corporation, hereinafter called the GRANTOR(S), for and in consideration of the sum of Three Hundred Forty Nine Thousand Three Hundred Ninety Nine and No/100 DOLLARS ($349,399.00) 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 a channel 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 further consideration paid than herein specified. II- Page 1 of 4 EXHIBIT "B" Parcel No.: 101-05-013B Project No.: TT0511 Project Name: MC85 at 83 1X1 Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22588-2 (pm) THE COUNTY OF MARICOPA AGREES: A. To use the property described herein for the general welfare and benefit of the public. B. To pay the Grantor the sum of Three Hundred Forty Nine Thousand Three Hundred Ninety Nine and No/100 DOLLARS ($349,399.00) as payment in full. 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 utilizing national industry standards approved to the reasonable 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 roadway improvements on Project No. TT0511 will be charged to the Grantor. THE GRANTOR(S) AGREE(S): 1. To grant an easement for the property described herein to the County of Maticopa and/or its agents for the general welfare and benefit of the public. 2. To accept the sum of Three Hundred Forty Nine Thousand Three Hundred Ninety Nine and No/100 DOLLARS ($349,399.00) as payment in full. /// HI Page 2 of 4 Parcel No.: 101-05-013B Project No.: 'TT0511 Project Name: MC85 at 83r d Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22588-2 (pm) Dated this I, day of A._ 3 1, i. , 20 . GRANTOR: Circle K Stores Inc., a Texas corporation STATE OF , Air( COUNTY OF OF___ AAA The foregoing instrument was acknowledged before me this (4#1. day of ,2tri2r ( 20 ri , by 'St tc-4 Cktil6v1 5t17 its AeAs.--04A-4-- S kLLA of (Name of officer or agent) (Title) sktftes_ a/an corporation, on behalf (Name of corporation) (State of the corporation. My Commission Expires Jki (11 Notary Public (signature) LETICIA M MARTINEZ Now tamk ry joii Public rvi p: te Sta of ArizOna - A COUNTY Page 3 of 4 Parcel No.: 101-05-013B Project No.: TT0511 Project Name: MC85 at 83"1 Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22588-2 (pm) RECOMMENDED FOR APPROVAL: Right-of-Way Agent 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 4 of 4 Parcel No. 101-05-013B Project No. TT511 MC-85 at 83 Ed AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. D22588-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A parcel of land being a portion of that property as described in Document 2012-0538283, Maricopa County Records, lying within the Southwest quarter of Section 9, Township 1 North, Range 1 East of the Gila and Salt River Base•and Meridian, Marieopa County, Arizona, being more particularly described as follows: COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said Section 9 bears North 89 055 127" East, a distance of 2633.95 feet; THENCE along the South line of said Section 9 North 89 055 127" East, a distance of 109.96 feet; THENCE departing said South section line North 00°04'33" 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 right of way line North 89 055 127" East, a distance of 82.84 feet; THENCE departing said North right of way line North 00°04'33" West, a distance of 261.56 feet to the North line of said property; THENCE along said North property line North 89°48'53" West, a distance of 123.01 feet to the existing East right of way line of 99 th Avenue, also being the West line of said property; THENCE along said East right of way line South 00°06'46" East, a distance of 103.13 feet; THENCE departing said East right of way line North 89 053 114" East, a distance of 9.50 feet; THENCE South 00 00646" East, a distance of 50.00 feet; THENCE South 09°39'49" West, a distance of 55.95 feet to said East right of way line; THENCE along said East right of way line South 00 00646" East, a distance of 13.85 feet; THENCE South 45005 139" East, a distance of 56.59 feet to the POINT OF BEGINNING. The above described parcel contains 30,649 square feet or 0.7036 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/1G Chk: Appr: Rev: Maricopa County - Real Estate Divisi N.T.S. D22588 Circle K Stores Inc 101-05-013B N89°5527T 2633.95' MC 85 EXIST R/W NO. BEARING LENGTH Li N 89°55'27" E 82.84' L2 N 00°04'33" W 261.56' L3 N 89048 153" W 123.01' L4 S 00 006 146" E 103.13' L5 N 8905314" E 9.50' L6 S 00006 146" E 50.00' L7 S 09°39'49" W 55.95' L8 S 00°06'46" E 13.85' L9 S 45°05'39" E 56.59' L10 N 00 004133" W 65.00' D22588-2 Drainage Easement: 30,649 square feet or 0.7036 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. 7511 ITEM No. 022588-2 DATE 9-15-16 M.C.D.O.T. R/W Agent: P.M. Tech: RES