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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 . : 104-31-003 Project No . : TT0345 — MC85 95th Ave to 75 th Ave Item No.: D22578-I KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, SW Industrial Center Phase II, LLC, a Delaware limited liability company, GRANTORS, for and in consideration of the sum of Seventeen Thousand Six Hundred Eighty Nine Dollars and 00/100 Dollars ($17,689.00) 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, its successors, and assigns, GRANTEE, 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 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 TT345 — MC85 95 th Avenue to 75 th Avenue. 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. Parcel No.: 104-31-003 Project No.: TT0345 — MC85 95th Ave to 75th Ave Item No.: D22578-1 NOW THEREFORE, in consideration of the same and farther 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 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 Seventeen Thousand Six Hundred Eighty Nine Dollars and 00/100 Dollars ($17,689.00) 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. 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 Seventeen Thousand Six Hundred Eighty Nine Dollars and 00/100 Dollars ($17,689.00) 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, 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. Parcel No: 104-31-003 Project No.: TT0345 MC85 95th Ave to 75 th Ave Item No: D22578 -1[JR] Dated this day of ivtalculA, 20 17. SW Industrial Center Phase lb LLC, a Delaware limited liability company By: Its: (Title) STATE OF ) SS COUNTY OF The foregoing instrument was acknowledged before me this 2, day of 20a, by W- hvii irtai , partner/agent on behalf of (Name of partner or agent) SW Industrial Center Phase II, LLC, a Delaware limited liability company My Commission Expires ?7 At,oP;f1".% MELANIE LAZO ihY*11::::Notary Public, State of Texas Comm. Expires 03-18-2018 -'9441;?` Notary ID 10953408 0.4d.spagio.mossawax ia Notary Stamp Seal Parcel No.: 104-31-003 Prorject No.: TT0345 MC85 95' Ave to 75 th Ave Item No.: D22578-1 [JR] RECOMMENDED FOR APPROVAL: Real Property Branch Manager ACCEPTED: MA_RICOPA 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 Parcel No. 104-31-003 Project No. TT345 MC-85 at 83RD AVENUE and CENTER TURN LANE EXPANSION Item No. D22578-1 EXHIBIT "A" LEGAL DESCRIPTION FORA TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement lying within a portion of "LOT 1" as shown in the Final Plat of "Southwest Industrial Center" a portion of the Northeast quarter of Section 14, Township 1 North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona, and recorded at Book 1177, Page 38, Official Records of Maricopa County Recorder. Said Easement being more particularly described as follows: COMMENCING at the Northeast corner of said Section 14, from which the East quarter corner bears, South 01 002 136" West, a distance of 2534.12 feet; thence along the North , line of said Northeast quarter, South 89036102" West to the North quarter comer of said Section 14, a distance of 2631,43 feet; thence from said North quarter corner and along the North line of said Northeast quarter, North 89°36'02" East, a distance of 218.64 feet; thence leaving said North line, South 00°,23'58" East to a point on the North line of said "LOT 1" a distance of 50.70 feet; thence South 00 011 144" East a distance of 28.00 feet to the POINT OF BEGINNING; thence North 89 048 116" East, a distance of 406.53 feet; thence South 00°11'44" East, .a distance of 42.66 feet; thence North 89 048 116" East, a distance of 195.91 feet; thence North 00°1144" West, a distance of 42.66 feet; thence North 89'48'16" East, a distance of 196.89 feet; thence South 00 011 144" East, a distance of 13.00 feet; thence South 89048'16" West, a distance of 154,31 feet; thence South 00 01 F44" East, a distance of 81.47 feet; thence South 89 048 116" West, a distance of 280,15 feet; thence North 00 011 144" West, a distance of 81.47 feet; thence South 89 04816" West, a distance of 300.55 feet; thence South 00 011 144" East, a distance of 64.92 feet; thence South 77 006 143" West to a point on the East line of the West 40 feet of the Northeast quarter of said Section 14, a distance of 253.58 feet; thence North 00 057116" East along the East line of said West 40 feet, a distance of 61.81 feet; Page 1 of 2 Parcel No 104-314103 Proi*et No. TT345 MC-85 at 83111) AVENUE and CENTER TURN LANE EXPANSION Itont No. 1)22578-I EXHIBIT "A" LEGAL DESCRIPTION FOR A TEMPORARY CONSTRUCTION EASEMENT thence South 89°0244" East, a distance of 42A7 feet; thence North 45'06'04" East, a distance of 43.63 feet; thence North 89°4131.6" East, a distance of 108.34 feet; thence North 0011'44" West, a distance of 42.00 feet to the POINT OF BEGINNING; The above described parcel contains 40,665 square feet or 0.9335 acres, more or less, and is subject to all easements of record. WIOAr4,3 22280 KENNETH W. 4 .- GREEN --..., ..c 01/ MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 3-22-2016 Chil, e,4. ,07.(6, 44-1- Appr: , 40I 11144*- Rev: 6-01-2016 EXPIRES 2/ 31/2017 Mthicopa County Public Works - Real Estate Division GRA,NTW BIT Page 2 of 2 • 1N, SEC N4 40,665 D22578-1 79th Avenue 1E 14 COR EXPIRES S S 00°57 1 6" W square N Temporary 12 89°48'16" 40' 401 feet 31 8904818" or /2017 W V7 0.9335 300.55' E 8' Construction 406.53' P.UE wide acres ccs D22578 218.641 DE. L16 Easement: #1 Z ‘7 MC-85 To. pld aureau Dept 20 S of of wide 757:5" the CNJ 89°36'02" LaWm•-millII —t PA. 8' 2013-0722864 Easement S N S LE wide Reclamation Interior W Buckeye MC-85 Southwest N 89°48'16" 89°48 89°48'16" N S 2631.43' 022578-1 116 D22578 North S 89°4816" / 1 E r -i..,41.I•• W 89°48'16" 89°36'02" lndustal 89 Road W T.O.E. D.E. line Buckeye 104-31-003 D22578-1 048'16" 300.55' E EXIST 280.15' 195.91' #2 195.91' E W parcel Center W 406.53' 2631.43' R/W Southwest 31-1a1.1.11J I - Road LLC 104-31-003 a) 5 Industrial 4 N EXIST 104-31-003 D22578-1 -4 LLI 89 L17 L16 L15 L14 L13 L12 1 LI L10 NO L9 L8 L7 L6 L5 L4 L3 L2 Li NO, S R/W Center 048416" S N N N N N N N N S N S S N S S 8 I W48116" E 45006 30 000 LLC 00012138" 89°36'02" 4502246" 00°57116" 45°22'46" 89°48'16" 00°11'44" 89°48'16 BEARING 89°02'44" 057416" 00'11'44" 11 00°11'44" 00°11'44" 00°11'44" 00°23'58" BEARING VV 196.89 4 4041' 144" E4 E E E E E E W E E E E E E W E E E 1N,1E SEC 15't4.31' VII, SEC NE 14 CDR E 1 14 COR —J LC) 28.00' 135.00' 50.70' 43.02' 41.41 143.38' 4200.' 108.34' LENGTH 43.63' 42.47' 61.81' 64,92 13.00' 42.66' 42.66' 28.00' 50.70' LENGTH 1 1 S 0 1 '0236" W 2534.12" 75th Avenue C)-) t ^771 CD PROJECT No.7345 DATE; 6-01-2016