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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division EXEMPT ARS 114134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 502-08-014B, 014C Project No.: TT0497 Olive Avenue (Citrus Read to Cotton Lane) Item No.: D233304 [JR] KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS CCI-FENNEMORE, LLC, GRANTOR, for and in consideration of the sum of One Thousand Eight Hundred Forty Seven Dollars and 00/100 ($1,847.00) 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 Marieopa. 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 TT0497 Olive Avenue (Citrus Road to Cotton Lane) That Maricopa County shall hold the Grantors harmless in ease 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 MAMCOPA AGREES: A. To use the property described herein for the general welfare and 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 Maticopa 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 effect for a period no longer than one year from the start of construction activities. HI HI Page 2 of 4 Parcel No.: 502-08-014B, 014C Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23330-1 [JR] Dated this /aZ day p2016. IT'S STATE OF V-J )ss COUNTY OF The foregoing instrument was acknowledged before me this I day 2016, by CCI-FENNEMORE, LLC My Commission Expires it Notary Public (sign* iINDA Off [Mt KANZLER SEAL NOTARY PUBLIC Final STATE County Of ARIZOKA MyCommisakm Expires Novr mbar %MIS Notary Stamp Seal Page 3 of 4 Parcel No.: 502-08-014B, 014C Project No,: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23330-1 fJR1 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. 602-00-014B, 014C Project No 11497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. D23330•1 EXHIBIT LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A two portion of that property described in Document Number 1999-0614207, Records of Maricopa County (MGR) Section 26, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING PARCEL ONE at the Southeast corner of said Section 26 from which the South quarter corner - bears North 89%7'47" West a distance of 2,059,76 feet and from which the East quarter corner bears North 00'16732" East a distance of 2,636.74 feet; thence along the South line of the Southeast quarter of said Section 26, North 89 05747° West a distance of 150.13 feet; thence leaving said South line North 00°0213" East a distance of 65.00 feet to a point on the North line of the South 6.5.00 feet of said Section 26 also being the POINT OF BEGINNING; thence along said North line, North 89'67'47" West a distance of 82.60 feet; thence leaving said North line, North 00°10'32" East a distance of 186.92 feet; thence North 89 028'03" East, a distance of 40,54 feet; thence South 00°31'57" West a distance of 12927 feet; thence South 89°43'28" East a distance of 46.15 feet; thence South 03°47 159" West, a distance of 57.23 feet to the POINT OF BEGINNING, containing . 10,040 square feet, or 0.2306 acres more or less. PARCEL TWO COMMENCING at the Southeast corner of said Section 26 from which the South quarter corner bears North 89°57'47" West a distance of 2,659,76 feet and from which the East quarter corner bears North 00°16'32" East a distance of 2,630,74 feet; thence along the East line of the Southeast quarter of said Section 26, North 00°16'32" East, a distance of 294.86 feet; thence leaving said East line, North 89'43'28" West a distance of 33.00 feet to a point on the West line of the East 33.00 feet of said Southeast quarter and also the POINT OF BEGINNING; thence eking said West line, North 00°16'32" East a distance of 739,68 feet; thence leaving said West line, North 89°43'28" West a distance of 10.00 feet; thence South 00°16'32" West, a distance of 739.68 feet thence South • 89043'28" East, a distance of 10.00 feet to the POINT OF BEGINNING, containing 7,396 square feet: or 0,1698 acres, more or less. The above desciibed two parcels together contain 17,436 square feet or 0,4003 aci'eA more or loss. Southeast quarter Page 1 of it MATITCOPA COUNTY DIPARTIvRitiT OF TRANSPORTATION Prelim:3-30-21316 chic .Appr: Roy: 09/03/16 jb EXPIRE8 12/31/2018 _iviartca countyraiaviod __ 'EXHIBIT "A"