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EXEMPT ARS 11-1134,A2 [This Easement shall not be Recorded] TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 101-13-004G, 004H Project No.: TT0345 MC85 (95th Ave. to 75th Ave.) Item No.: D22568-1 ( pm ) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, BUCKEYE 65A LLLP, an Arizona limited liability limited partnership, as to an undivided 35.1071% interest, and BUCKEYE 65C LLLP, an Arizona limited liability limited partnership, GRANTORS, for and in consideration of the SEVENTY EIGHT THOUSAND EIGHT HUNDRED FORTY AND NO/100 DOLLARS ($78,840.00) 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 TT0345. MCDOT agrees to indemnify you from all direct damages to the real property, personal property, or physical injury to persons on the Subject Property caused by or arising from the proximate result of the Low Volume Road Project TT0345 — MC85 — (95 th Ave. to 75 th Ave.), by MCDOT, its officers, agents, or contractors in the exercise of MCDOT's rights pursuant to the terms of this Temporary Construction Easement and Agreement. 35087109 Page 1 of 4 Parcel No.: 101-13-004G, 00411 Project No.: TT0345 MC85 (95th Ave. to 75 th Ave.) Item No.: D22568-1 ( pm ) 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 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 to a maximum of 3 additional years. C. To pay the Grantor on or before February 3, 2017 the sum of SEVENTY EIGHT THOUSAND EIGHT HUNDRED FORTY AND NO/100 DOLLARS ($78,840.00) 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 to a maximum of 3 additional years. 3. To accept the sum of SEVENTY EIGHT THOUSAND EIGHT HUNDRED FORTY AND NO/100 DOLLARS ($78,840.00) 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. Page 2 of 4 35087109 Parcel No.: 101-13-004G, 0041-1 Project No.: TT0345 MC85 (95th Ave. to 75 th Ave.) Item No.: D22568-1 ( pm ) Dated this 4.11-f day of AZ3VE-07 ISE , 2016. GRANTOR: Buckeye Buckeye 65A LLLP, an Buckeye 65C LLLP, an Arizona limited Arizona limited liability limited liability limited partnership, as to an partnership, as to an undivided 35.1071% undivided 64.8929% By: By: (Signature) (Signature) Its: Its: (Title) (Title) STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 4rA day of 2016, by Areg filf4R,TE_Afs , partner/agent on behalf of (Name of partner or agent) Buckeye 65A LLLP, an Arizona limited liability limited partnership, as to an undivided 35.1071% and Buckeye 65C LLLP, an Arizona limited liability limited partnership, as to an undivided 64.8929% My Commission Expires AIO fi Xt7 GAIL LINDA SZYMANSKI *fiery Pilio - State of Arizona MARICOPA COUNTY My Commission Expires Nov. 1,2010 Notary Stamp Seal Page 3 of 4 35087109 Parcel No.: 101-13-004G, 004H Project No.: TT0345 MC85 (95th Ave. to 75 th Ave.) Item No.: D22568-1 ( pm ) RECOMMENDED FOR APPROVAL: reu, cp_ Real Property Brar4h Manage 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 1 11 Page 4 of 4 35087109 Parcel No. 101-13-004G (WAS 004E), 004H (Was 004F) PROJECT NO. TT-345 MC85 at 83rd AVENUE AND CENTER TURN LANE EXPANSION Item No. D22568-1 LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT (ICE) A portion of that property described in Document number 2005-1284917 Maricopa County Recorder's Office, being a portion of the Northeast quarter of Section 16, Township 1 North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: ICE-1 COMMENCING at North quarter corner of said Section 16 from which the Northeast corner of said Section bears North 89°55'32" East a distance of 2633.97 feet and from which the Center of said Section bears South 01°19'12" West, a distance of 2,662.11 feet; thence along the West line of the Northeast quarter of said Section, South 01'19'12" West a distance of 172.77 feet; thence leaving the said West line, North 89°56'51" East, a distance of 213.06 feet to the POINT OF BEGINNING; thence continuing, thence North 89°56'51" East, a distance of 116.56 feet; thence North 89°59'10" East, a distance of 53.14 feet; thence North 00 00000" East, a distance of 44.33 feet; thence North 89°58'34" East, a distance of 308.53 feet; thence South 00 00000" West, a distance of 44.44 feet; thence North 89055 132" East, a distance of 322.05 feet; thence North 00°00'00" East, a distance of 44.01 feet; thence North 89°55'32" East, a distance of 307.23 feet; thence South 00°00'00" West, a distance of 43.76 feet; thence South 88°27'27" East, a distance of 263.90 feet; thence North 00°00'00" East, a distance of 42.80 feet; thence South 87°44'10" East, a distance of 167.59 feet; thence South 0°00'00" West, a distance of 43.98 feet; thence South 87 0 1420" East, a distance of 310.39 feet; thence North 00 000 100" East, a distance of 44.70 feet; thence South 89 02402" East, a distance of 181.86 feet; thence South 00 00000" West, a distance of 45.73 feet; thence North 89 0 13 115" East, a distance of 291.80 feet; thence North 01°48'07" East, a distance of 92,45 feet; thence North 54°22'16" West, a distance of 30.66 feet to the beginning of a non-tangent curve, the center of which bears North 01°4849" West, a distance of 9878.00 feet; thence westerly along the arc of said curve, through a central angle of 02 0 10 131 1, for an arc distance of 375.01 feet to the beginning of a non-tangent curve, the center of which bears North 01 023148" East, a distance of 9869.05 feet; thence westerly along the arc of said curve, through a central angle of 01 039 14411, for an arc distance of 286.30 feet to the beginning of a non-tangent curve, the center of which bears South 03°04'27" West, a distance of 14932.67 feet; thence westerly along the arc of said curve, through a central angle of 02 004 10811, for an arc distance of 539.20 feet to the beginning of a non-tangent line; thence South 89 055 132" West, a distance of 1098.10 feet to a point on the West line of said property described in Document number 2005-1284917; thence along said West line, South 01°19'05" West a distance of 106.83 feet to the POINT OF BEGINNING, EXCEPT those portions lying within Drainage Easements (DE) 1, 2, 3, 4, and 5. DE-1 COMMENCING at North quarter corner of said Section 16 from which the Northeast corner of said Section bears North 89 055 132" East a distance of 2633.97 feet and from which the Center of said Section bears South 01 019'12" West, a distance of 2,662.11 feet; thence along the North line of the Northeast quarter of said Section, North 89 05532" East a distance of 213.06 feet; thence leaving said North line, South 01 0 19 105" West a distance of 86.03 feet to a point on the South line of the North 86 feet of said Northeast quarter and also to the POINT OF BEGINNING; thence along fast said North line, North 89°55'32" East a distance of 117.23 feet; thence South 00 000 100" West, a distance of 42.06 feet to a point on the South line of the North 128.06 feet of said Northeast quarter; thence along last said North line, South 89°55'32" West, a distance of 11'8.20 feet; thence North 01 01905" East, a distance of 42.07 feet to the POINT OF BEGINNING, containing 4,951 square feet or 0.1137 acres, more or less. CONTINUING Page 1 of 3 DE-2 COMMENCING at North quarter corner of said Section 16 from which the Northeast corner of said Section bears North 89°55'32" East a distance of 2633.97 feet and from which the Center of said Section bears South 01 01912" West, a distance of 2,662.11 feet; thence along the North line of the Northeast quarter of said Section, North 89 055 132" East a distance of 740.71 feet; thence leaving said North line, South 00°04'28" East a distance of 86,00 feet to the POINT OF BEGINNING; thence North 89055 132" East, a distance of 214.87 feet; thence South 00 004128" East, a distance of 41.04 feet; thence South 89 055 132" West, a distance of 215.00 feet; thence North 00 00641" East, a distance of 41.04 feet to the POINT OF BEGINNING, containing 8,820 square feet or 0.2025 acres, more or less. DE-3 COMMENCING at Northeast corner of said Section 16 from which the North quarter corner of said Section bears South 89 055 132" West a distance of 2633.97 feet and from which the East quarter corner of said Section bears South 01 048 107" VVest, a distance of 2 1663.96 feet; thence along the North line of the Northeast quarter of said Section, thence South 89 055 132" West a distance of 1261.93 feet; thence leaving said North line, South 00°04'28" East a distance of 87.31 feet to the POINT OF BEGINNING; thence South 01 014 141" West, a distance of 42.02 feet; thence South 88°2756" East, a distance of 155.00 feet; thence North 01 0 1441" East, a distance of 41,99 feet to the beginning of a non-tangent curve, the center of which bears South 01 050 133" West, a distance of 14912.67 feet; thence westerly along the arc of said curve through a central angle of 00°35'44" for an arc distance of 155.00 feet; to the POINT OF BEGINNING, containing 6,531 square feet or 0.1499 acres, more or less. DE-4 COMMENCING at Northeast corner of said Section 16 from which the North quarter corner of said Section bears South 89 055 132" West a distance of 2633.97 feet and from which the East quarter corner of said Section bears South 01 04807" West, a distance of 2,663.96 feet; thence along the North line of the Northeast quarter of said Section, South 89 055 132" West a distance of 829.61 feet; thence leaving said North line, South 00 004128" East a distance of 103.56 feet to the POINT OF BEGINNING; thence South 02°55'42" West, a distance of 42.67 feet; thence South 87°16'50" East, a distance of 200,00 feet; thence North 02 055 142" East, a distance of 42.78 feet to the beginning of a non-tangent curve, the center of which bears North 02°08'56" East, a distance of 9889.05 feet; thence westerly along the arc of said curve through a central angle of 00 054 135" for an arc distance of 157.03 feet to the beginning of a non-tangent curve, the center of which bears South 03 00427" West, a distance of 14912.67 feet; thence westerly along the arc of said curve through a central angle of 00009 154" for an arc distance of 42.97 feet; to the POINT OF BEGINNING, containing 8,490 square feet or 0.1949 acres, more or less. DE-5 COMMENCING at Northeast corner of said Section 16 from which the North quarter corner of said Section bears South 89°55'32" West a distance of 2633.97 feet and from which the East quarter corner of said Section bears South 01 04807" West, a distance of 2,663.96 feet; thence along the North line of the Northeast quarter of said Section, South 89 05532" West a distance of 342.32 feet; thence leaving said North line, South 00°04'28" East a distance of 117.33 feet to the POINT OF BEGINNING; thence South 00042150" East, a distance of 44.08 feet; thence North 89°17'10" East, a distance of 176.00 feet; thence North 00 04250" West, a distance of 45.13 feet to the beginning of a non-tangent curve the center of which bears North 01°34'06" West a distance of 9898.00 feet; thence westerly along the arc of said curve through a central angle of 01°01'08" for an arc distance of 176.00 feet to the POINT OF BEGINNING, containing 7,804 square feet or 0.1792 acres, more or less. The above described TCE-1 parcel contains 170,564 square feet or 3.9156 acres, more or less. CONTINUING Page 2 of 3 TCE-2 COMMENCING at Northeast corner of said Section 16 from which the North quarter corner of said Section bears South 89°55'32" West a distance of 2633.97 feet and from which the East quarter corner of said Section bears South 01°48'07" West, a distance of 2,663.96 feet; thence along the East line of said Section, 1631.89 feet; thence leaving said East line, North 88°56'31" West a distance of 55.53 feet to the to the POINT OF BEGINNING; thence continuing South 89°56'31" West, a distance of 49.48 feet; thence North 01'0020" East, a distance of 305.42 feet; thence South 89°52'12" East, a distance of 48,41 feet; thence South 00'48'20" West, a distance of 305.25 feet to the POINT OF BEGINNING, containing 14,942 square feet or 0.3430 acres, more or less. The above two described TCE parcels contains 185,506 square feet or 4.2586 acres, more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 08-15-15 Chk: Appr: Rev: 1/29/15 jb; 01/15/16 jb; 2/17116 jb; 03/15/2016 jb; 10/05/16 lb Maricopa County Department of Transportation EXPIRES 12/31/2017 GRANTOR DATE EXHIBIT "A" Page 3 o13 N.T.S. 1 SKEET OF 1 P.M. I I kri'd Agent: jb 2,633,97' 342.32 115"E g-f •••ct. Le5 0 I 0023) Tech: 80' DE-5 DE-6 55.53' 55.53' LLLP/ LLLP (Was RAq R/W 291 N89°13 49.48' D22568 650 65A L52 ARC DISTANCE 375.01' 286.30' 639.20' 38956'31V .TCE-2 S89°56`31"W S89°56'31'W Buckeye Buckeye 101-13-0020 TCE4 EXPANSION C2 004F) M.C.D.O.T. 829.61' _ 0,391 DE-4 LLLP/ LLLP (Was 't ANGLE 02°10'31" °39'44" 02°04'08" 387°1420'E D22568 650 65A CE 01 - LANE "1.57-/IL"-31- 3-004H DATA - - L50 Buckeye Buckeye RADIUS 9878.00' 9869.05' 14,032.67' DE LINE 10-05-16 101-1 CURVE LEGEND: RN LINE COUNTY TURN 1261.93' L49 PROP. PROP. SEC. TOE DATE 263.90' N88°2T27"W DE-3 BEARING ANGLE N01°48'49"W N01°23'48"E S03°04'27"W CENTER MARICOPA r- - 307.23' N89°55'321E. L48 CURVE C-1 0-2 C-3 and D22568-1 L47 (TOE): N89°55'32"E S89°55'32"W DE-2 004E) AVENUE No, LLLP/ LLLP EASEMENT ITEM 65A (Was • 322.05' N89°55'32"E D22568 65C LENGTH 30.66' 22.01' 86.03' 42.07' 116.56' 53.14' 44.33' 44.44' 44.01' 43.76' 42.80' 167.59' 43.98' 44.70' 181.86' 45.73' 92.45' 106.83' 83rd r Buckeye Buckeye 143-004G I CONSTRUCTION AC at 740.71' 1098.10' 1 0 4.2586 85 308.53' N89°58'34"E L45 L46 L44 \--TCE-1 BEARING N54°22'16'W N89°56'31E S01°19'05"W 105"E '51'E N89°59`10"E N00°00'00"E 800°00'00V N00°00'00"E 800°00'00"W 100"E 110"E 100"IN 100"E 889°24'02"E 300°00'00"W N0I°48'07E 301°19'05V SF SF SF OR MC No.7345 RMI DETAIL N01°19 N89°5 N00°00 S87°44 SO0°00 N0000 TEMPORARY 185,506 L43 170,564 14,942 PROJECT CO NO. L12 L15 L16 L20 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 D22568-1 ICE-1: TCE-2: TOTAL: L.EJ LL1 2017 RNV-1 L43 TCE-1 4/0 W. 31 1 DETAIL \ \ CA 22260 KENNETH GREEN 12 / "F I EXPIRES 213.06' / I \