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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.: 101-05-005A Project No.: TT0511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22672-1 (KGR) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Monmouth Real Estate Investment Corporation, a Maryland corporation, successor by merger with Monmouth Real Estate Investment Corporation, a Delaware corporation, GRANTOR, for and in consideration of the sum of One Thousand Fifty-Eight and No/100 DOLLARS ($1,058.00) 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 4 Parcel No.: 101-05-005A Project No.: TT0511 Project Name: MC85 at 83rd Avenue& Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22672-1 (KGR) 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 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 extend this agreement. C. To pay the Grantor the sum of One Thousand Fifty-Eight and No/100 DOLLARS ($1,058.00) 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 Exhibit "A" 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 One Thousand Fifty-Eight and No/100 DOLLARS ($1,058.00) 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 4 Parcel No.: 101-05-005A Project No.: rros 1 Project Name: MC85 at 83 Avenue& Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22672-1 (KGR) Dated this /YIN da y of ifbrciA , 2017. GRANTOR: Monmouth Real Estate Investment Corporation, a Maryland corporation, successor by merger with Monmouth Real Estate Investment Corporation, a Delaware corporation, By: (Signature) Its: ncri (caw( (Title) STATE OF I n) c ier,f ) § COUNTY OF ti 0 (\ The foregoing instrument was acknowledged before me this ) n-ek day of rd,t, 2017, by A /1 a ge) ,Lier- its Geni2Aa Cfriv650._ of (Name of offtder or a ge (Title) Monmouth Real Estate Investment Corporation, a Mar yland corporation, successor b y merger with Monmouth Real Estate Investment Corporation, a Delaware corporation, on behalf of he corporation. _I I A.4 t.41 My Commission Expires Notary Public /fig f: ture Notay ASHLEY Public. State 1-111PODI-1 of New Jersey Commission # 2444742 My Comm. Expires Apr. %1,2019 Notary Stamp Seal Page 3 of 4 Parcel No.: 101-05-005A Project No.: TT0511 Project Name: MC85 at 83 1d Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22672-1 (KGR) RECOMMENDED FOR APPROVAL: Right-of-W 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 ffl /// /// ffl ffl ffl /// Page 4 of 4 Parcel No. 101-05-005A Project No. TT511 MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95t1i AVENUE Item No. 022672-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENTS Four parcels of land being a portion of that property as described in Document 2002-1173892, 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, Maricopa County, Arizona, being more particularly described as follows: PARCEL ONE: COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said Section 9 bears North 89°55'27" East, a distance of 2633.95 feet; THENCE along the South line of said Section 9 North 89°55'27" East, a distance of 586.81 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 05527" East, a distance of 25.00 feet; THENCE departing said North right of way line North 00°26'43" East, a distance of 79.31 feet; THENCE South 88°55'59" West, a distance of 26.27 feet; THENCE South 00°28'17" East, a distance of 78.86 feet to the POINT OF BEGINNING. The above described parcel contains 2,027 square feet or 0.0465 Acres more or less. PARCEL TWO: 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°5527" East, a distance of 986.95 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°55'27" East, a distance of 5.00 feet; THENCE departing said North right of way line, North 00°00'00" East, a distance of 4.82 feet; THENCE South 90°00'00" East, a distance of 15.00 feet; THENCE South 00 000 100" West, a distance of 4.80 feet; THENCE North 89 055 127" East, a distance of 5.00 feet; THENCE North 00°04'33" West, a distance of 19.00 feet; THENCE South 89°55'27" West, a distance of 25.00 feet; THENCE South 00 004133" East, a distance of 19.00 feet to the POINT OF BEGINNING. The above described parcel contains 403 square feet or 0.0092 acres, more or less. Parcels 1 and 2 combined contain 2,430 square feet or 0.0557 Acres more or less. Page 1 of 1 MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: jb 02/02/17 EXPIRES 12/31 /2017 Maricopa County - Real Estate Division GRANTOR DATE EXHIBIT "A" D22672 Monmouth Real Estate Investment Corporation 101-05-005A L4 N .T . S. r- TCE PARCEL 1 CY) EXIST R/W POB 586.81' N89°5527"E 2633.95' MC 85 EXIST R/W NO. BEARING LENGTH L1 N 0000433" W 65.00' L2 N 89°5527" E 25.00' L3 N 00 02643" E 79.31' L4 S 88°55'69" W 26.27' L5 S 00°28'17" E 78.86' Sheet 1 of 2 D22672-1 Temporary Construction Easements: Parcel 1: 2,027 square feet or 0,0465 acres Parcel 2: 403 square feet or 0.0097._acres TOTAL: 2,430 square feet or 0.0557 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No, TT511 ITEM No. D22672-1 DATE 02-02-17 M.C.D.O.T. R/W Tech: Agent: RES/jID M.P. D22672 Monmouth Real Estate Investment Corporation 101 -05-005A TCE PARCEL 2 N.T.S. L13 r L9, EXIST R/I71/ POB L11 L10 L8 L7 MC 85 986.95' SEC LN N89°55'27"E 2633.95' MC 85 EXIST R/W NO. BEARING LENGTH L6 N 00°04'33" W 65.00' L7 N 89°5527" E 5.00' L8 N 00 00000" E 4.82' L9 S 90 00000" E 15.00' L10 S 00°0000" W 4.80' L11 N 89°55'27" E 5.00' L12 N 0000433" W 19.00' L13 S 89°55'27' W 25.00' L14 S 00°04'33" E 19.00' Sheet 2 of 2 D22672-1 Temporary Construction Easements: Parcel 1: 2,027 square feet or 0,0465 acres Parcel 7: 403 square feet or 0.0092 acres TOTAL: 2,430 square feet or 0,0557 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. T1511 ITEM No. D22672-1. DATE 9-15-16 M.C.D.O.T. R/W Agent: M.P. Tech: RES