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WHEN RECORDED RETURN TO: Maricop a County Real Estate Division [RES] EXEMPT ARS 114134,A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 304-88-003E Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22828-1 (RES) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Eastbourne Riggs and Recker LLC. a Delaware limited liability company, GRANTOR, for and in consideration of the sum of Five Hundred Thirty Six and no/100 Dollars ($536.00) and other valuable consideration, receipt of which is hereby acknowledged, does 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 TT429 Riggs Road (Recker Road to Power Road). 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. 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 for the general y(fAtfaJA gi.benefit of the public. Page 1 of 4 B. To the extent permitted by law, GRANTEE agrees to indemnify GRANTOR, from and against loss, expense, damage, or claim of any nature whatsoever which is caused by any activity, condition, or event arising out of the non-performance by GRANTEE of any of its obligations under the provisions of the Agreement. GRANTOR shall in all instances be indemnified against liability, losses, and damages of any nature for or on account of injuries to or death of persons or damages to or destruction of property arising out of GRANTEE'S performance or non-performance of this Easement, except such injury or damages as shall have been occasioned by the sole or joint negligence of GRANTOR. The above cost of damages incurred by GRANTOR shall include, in the event of action, court costs, expenses for litigation, and reasonable attorney's fees. C, GRANTEE shall have the right to authorize, permit, and license the use of the Property for utilities or other public purposes not inconsistent with its use as a temporary construction easement and right-of-entry as determined by GRANTEE. D. GRANTEE agrees to leave the grade of the land within the temporary construction easement area in as near the same condition that it is now. The parties understand that the resulting construction work will not leave the land in exactly the same condition. THE GRANTORS AGREE: A. 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. B. GRANTOR hereby covenants that he is granting this Temporary Construction Easement and Agreement only to the extent of any interest he may have in the Property. C. This Easement shall run with the land and shall be binding upon the parties. D. This easement shall be in et for a period no longer than one year from the start of construction activities. Page 2 of 4 Parcel No.: 304-88-003E Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22828-1 (RES) Dated thil ay of '1/4,14NRAAR.1 ,2017, Ah CEar-J6CA--tRI\r By: Its: c\\CI,V,IrA_OL STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this frl-jday of ..._711 iutt 2017, by Cvts-1-16(thI-, L- 5c ( Cr , on behalf of (Name of partner tp) Eastbourne Riggs and Recker LLC. a Delaware limited liability company,. My Commission Expires / Notafy Public (signature) • V 0 Notary Pub State of Arizona My MARICOPA CenimNsforr COUNTY Expires March 14 2419 Notary Stamp Seal Page 3 o1 4 Parcel No.: 304-88-003E Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22828-1 (R_ES) RECOMMENDED FOR APPROVAL: 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. 304-88-003E Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No. 0228284 EXIIIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of Lot 1 described in Document Number 2009-0030019, Marieopa County Recorder's Office (MCR), lying within Section 36, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. EXCEPT that portion deeded to Maricopa County in Document Number 2010-0590799 (MCR) and EXCEPT that portion deeded to the Town of Gilbert in Document Number 2009-1127982 (MCR). Said portion is more particularly described as follows: COMMENCING at the Northwest corner of the Northwest quarter of said Section 36; thence along the North line of said Northwest quarter, North 88°51'07" East a distance of 315.76 feet; thence leaving said North line, South 01 00853" East to a point on the South line of the North 65 feet of said Northwest quarter and the POINT OF BEGINNING; thence along said South line of the North 65 feet, North 88 05107" East a distance of 194.95 feet to the East boundaiy line of said Lot 1 described in Document Number 2009-0030019; thence leaving said South line, South 00°00'10" East along said East boundary line a distance of 10.00 feet; thence leaving said East boundary line, South 88°51'07" West along a line parallel with and 10 feet southerly from said South line of the-North 65 feet, a distance of 194.75 feet; thence North 01 00853" West, a distance of 1000 feet to the POINT OF BEGINNING.. The above described parcels contain 1,949 square feet or 0.0447 Acres more or less. KJ( -.Th b La0c16, 7 . S\C4. IIVICA TA- 4, Q Page 1 of 1 KENNETH 22260 W. GREEN / MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 4 /2 VO' ,e.e'LPI Prelim:3-27-14 Chk: I Appr: 't,scY fled Rev: 4045341.4100" Maricopa County Public Works — Real Estate Division EXPIRES 12 /31 /2017 GRANTOR DATE EXHIBIT "A"