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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division 2008 W. Durango Street Phoenix, AZ 85009 EXEMPT ARS 11-1134, A2 !Cal TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 101-12-608A & 101-11-986A Project No.: TT345- MC85 Buckeye Rd. (95th Avenue to 75 t Avenue) Item No.: D22661-1 & D22662-1 (GL) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, QUIKTRIP CORPORATION, an Oklahoma corporation, GRANTOR, for and in consideration of the sum of SEVENTEEN THOUSAND EIGHT HUNDRED EIGHTY-FIVE DOLLARS & NO/100 ($17,885.00), and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey to MAR1COPA 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"s FOR LEGAL DESCRIPTIONS That said Temporary Easement is granted for use of the above described properties 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: TT345- MC85 Buckeye Rd. (83 rd Avenue & Center Turn Lane Expansion) 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.: 101-12-608A & 101-11-986A Project No.: TT345- MC85 Buckeye Rd. (95th Avenue to 75th Avenue) Item No.: D22661-1 & D22662-1 (GL) 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 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 SeventeenThousand Eight Hundred Eighty-five and NO/100 Dollars ($17,885.00) 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 SeventeenThousand Eight Hundred Eighty-five and NO/100 Dollars ($17,885.00) 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.: 101-12-608A& 101-11-986A Project No.: TT345- MC85 Buckeye Rd. (95 111 Avenue to 75th Avenue) Item No.: D22661-1 & D22662-1 (GL) Dated this 20 day of O tir £''- 2016. GRANTOR: QUIKTRIP CORPORATION, an Oklahoma corporation By: (Signature) Its: pm ‘76 7 4'''t Pr- ri re, 6r45-4 (Title) STATE OF ARIZONA ) ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this e::/),0 day of 000\0“-- , 2016, by (.9Jos,S its 1Nrefaor iF cp_320A, &Weed. (Name Ot-bfficer or agent - Print) (Title - Print) QuikTrip Corporation, an Oklahoma corporation, on behalf of the corporation. My Commission Expires SL\ SHELLEY ORAMNOER Notary Public - Arizona Maricopa County My Comm. Expiros Mar 14, 2017 Notary Stamp Seal Page 3 of 4 Parcel No.: 101-12-608A & 101-11-986A Project No.: TT345- MC85 Buckeye Rd. (95th Avenue to 75th Avenue) Item No.: D22661-1 & D22662-1 (GL) RECOMMENDED FOR APPROVAL: Real Property Branch Manager ACCEPTED: MAR1COPA 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 III II- I" III III III III Parcel TsP) 101-11-986A Project No. TT345 MC-85 at 83RD AVENUE and CENTER TURN LANE EXPANSION Item No. 1322682-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEIVIENT (TCE) Two parcels of land being a portion of the property described in Document 1989-0510008, Marlcopa County Recorder's Office, being a portion of,the Southeast quarter of Section 10 1 Township I North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: TCE PARCEL ONE: COMMENCING at the Southeast corner of said Section 10, from which the East quarter corner bears North 00 00129" East, a distance of 2688.61 feet; thence South 84-51'30" West along the South line of said Southeast quarter of Section 10 1 a distance of 338.49 feet; thence North 00 003'18" Fast, a distance of 88,35 feet to a point on the North line of the South 85,00 feet of said Southeast quarter, said point also being the POINT OF BEGINNING; thence North 0003'18" East, a distance of 40.17 feet; thence South 84°51'30" West, a distance of 61.98 feet; thence South 05 00830" East, a distance of 60.00; thence North 84°51'30" East, a distance of 10,00 feet; thence North 41°48'06" East, a distance of 29.29 feet; thence North 84 05130" East, a distance of 26.94 feet to the POINT OF BEGINNING, containing 2,821 square feet or 0,0848 acres, more or 10S8. TCE PARCEL TWO: COIVIMENCING at the Southeast corner of said Section 10, from which the South quarter corner bears South 84'51'30" West, a distance of 2615,04 feet; thence North 00'01'29" East along the East line of said Southeast quarter of Section 10, a distance of 535.23 feet; thence leaving said East line, South 84 051 114" West a distance of 71,01 feet to the POINT OF BEGINNING; thence continuing, South 84°61'14" West, a distance of 46,57 feet; thence South 00°01'29' West, a distance of 13.64 feet; thence South 89°1128" East, a distance of 37_89 feet; thence South 34°29'44" Fast, R distance of 33.91 feet; thence Sbuth 00°01'29" West, a distance of 97,72 feet; thence North 89 058 131" West, a distance of 37.85 feet, thence South 00001 12,9" West, a distance .of 54_50 feet; thence South 89°56'42" East, a distance of 32.12 feet; thence North 0000129" East, a distance of 33.94 feet; thence North 27°3337" East, a distance of 23,21 foot; thence North 00001 1290 East, a distance of 09,27 feet; thence North 34°29'44" West, a distance of 29.75 feel; thence North 03°14'50" East, a distance of 20.26 feet to the POINT OF BEGINNING, containing 3,255 square feet or 0.0747 acres, more or less. The two above described parcels together contain 6,076 square feet or 0.1395 acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: LV 4121/15 Chic Appr: Rev: 06111115, 09/30/16, 10/01/15 jb; 12/15/15 jb; 03/17/16 jb Maricopa County Public Works - Real Estate Division GRANTOR 72`t, DATE Aligh EXPIRES 12/31/2017 EXHIBIT "A" Page I of2 NO. HEARING LENGTH LI N 00°0318" E 85.35' L2 N 00°03'18" E 40,17' 1.3 84°51'30" W 61.98' L4 S 05°08'30" E 60,00' N 84°51'30" E 10.00' 101-11-977 LB N 41 048106" E 29.29' L7 N 84°51'30" E 26,94' Li L8 84°51'14'W 71,01' Li 1 L10 L9 S 00°01'29" 84°51'14" W W 46.57' 13.64' Lri 2 1 1 :(1 L11 8 89°11'28" E 37.891 D22662 2t> L12 S 34°29'44" 001 ,2v, E 33:91' B & B & Black Co • --1 55' L13 97.72' IICHI-11).-HrAk 1 L14 N 89°58'31" W 37,85' L14_1 14_ L15 00°0 '29"W 54.80' D22682-I Pc/-2 L16 8 89°56'42" E 32.121 L17 N 00°01'29" E 33.94' I L16 L18 N 2793337" E 23,21' 66,73' L19 N 00001 129" E 99.2T L20 N 34°29'44" 29.75' .1,21 .N.03°14'50" E 101 11 101 002T 12 608 122662-1 Act 1 - 101 POB FWV CD 11 005 1.6 L5 co MOB5 88,4661'32616.04" LEGEND: PROPOSED R/W PROPOSED. TCE - PROPERTY LINE D22662-1 Temporary I Parcel 1: 2 1821 square feet or 0,0648 acms __Lonstruction Easement 'Parcel 2: 3,255 square feet or 0.0747 acres TOTAL: 6,076 square, faeLor 0_1695 Pcm EXPIRES 1215112017 PUBLIC WORKS REAL ESTATE DIVISION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No.Tr345 I ITEM No, 022662-1 I DATE 03-24-16 M,C.D.O.T. R/W Tech: Agent: ib R.S. Parcel No 101-12-608A Project No TT345 MC-85 at 83RD AVENUE and CENTER TURN LANE EXPANSION Item No. D2266121 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT (TOE) Two parcels of land being a portion of Lotl of Quicktrip #422 Final Plat, as recorded in Book 927 of Maps, Page 21, Marlcopa County Recorder's Office, being a portion of the Southeast quarter of Section 10, Township 1 North, Range 1 East, Gila and Salt River Meridian, Niaricopa County, Arizona, being more particularly described as follows: TOE PARCEL ONE: COMMENCING at the Southeast corner of said Section 10, from which the East quarter corner bears North 00°01'29" East a distance of 2668.81 feet and the South quarter corner bears South 84°51'30" West a distance of 2615.04 feet; thence along the South line of said Southeast quarter, South 84°51'30" West a distance of 338A9 feet; thence leaving said South line North 00°113'18" East a distance of 85;35 feet to a point on the North line of the South 85.00 feet of said Southeast quarter, said point being also the Southwest corner of said Lot 1 and the POINT OF BEGINNING; thence continuing North 00°03'18" East along the West line of said Lot 1, a distance of 40.17 feet; thence North 84°5130" East, a distance of 43.10 feet; thence South 06°08'30" East, a distance of 40.00 feet; thence South 84°51'30" West, a distance of 46.74 feet to the POINT OF BEGINNING, containing 1,707 square feet or 0.0412 acres, more or less. TGE PARCEL TWO.: COMMENCING at the Southeast corner of said Section 10, from which the South quarter comer bears South 84°51'30° West, a distance of 2616.04 feet and from which the East quarter corner bears North 00°01'29" East, a distance of 2668.61 feet; thence North 00°01'29" East along the East line of said Southeast quarter of Section 10, a distance of 330.31 feet; thence leaving said East tine North 89°58'31" Weet, a distance of 66.73 feet to a point on the North line of said Lot 1 and also the POINT OF BEGINNING; thence along said North line, North 89°56'42" West a distance of 32.12 feet; thence South 00°01'29' West, a distance of 55.73 feet; thence South 89°58'31" East, a distance of 34.85 feet; thence South 00°01'29" West, a distance of 157.78 feet; thence North 89°58'36" West, a distance of 27.99 feet; thence South 00°01'25" West, a distance of 22,51 feet; thence South 89°5835" East, a distance of 20.49 feet; thence North 42°26'30" East, a distance of 8.15 feet; thence North 00 6012_9" East, a distance of 185.29 feet; thence North 33°38'19" West, a distance of 19.36 feet; thence North 00°01'29" East a distance of 28,53 feet to the POINT OP BEGINNING, containing 4,050 square feet or 0.0930 acres, more or less. The two above described TOE parcels together contain 5,847 square feet or 0.1342 acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Pram: LV 4/21115 I Chic I Appr: Rev: 06/11/15Th, 09130115jb, 10/01/15 jb, 11/18/16 jb; 12116/15 jb; 02/15/16 "b; 03/17/101 EXPIRES 1213112017 Marloopa County Public Works - Real Estate Division GRANTOR_-.A""" DATE EXHIBIT "A" Page 1- of la NO, BEARING LENGTH LI N 0003'I8" E 85.35' L2 N 00°03'18"E 40.17' L3 N8V51'30u E 43.10' L4 8 05°08'30" E 40.00' 1.5 5 84°51'30" W 46,74' L6 N 89'58'31' W 65.73' N.T.S. L7 N 89°58'42" W 32.12' S 00°0129"W 55,73' _LO 89'58'31" E 34.85' L10 S 00°01'29" W 167.73' L11 N 89°58'35" W • 27,99' L12 S 00°01'2F' W 22.51' L13 S 89°58'35" E 30.49' 1_14 N42°26'30" E 8.16 L15 N 00°01`29" E 185.20' N 33°38'19" W 19.30 L17 N 00°01 129" E 26_63' L7, LO. 101 • 1 1)22661 986A Quik Trip Corporation , 10142-608A 63,00T TCE-2 .------4 D226614 Pet 2 Lii„, D22661-1 Pci I L12 L3 TCE-1 L13— t„..., CI1 1WY --------- f3°11 01 cci () 005 SW Cor Lot f to cO 11/1685 338.49' S84°51180"W 2615.04' - LEGEND: PROPOSED RAN PROPOSED ICE PROPERTY LINE 0226614 TEMPORARY PARCEL 1,797 SQUARE FEET OR 0.0412 ACRES CONSTRUCTION EASEMENT I PARCEL 2: 4,050 SQUARE FEET OR 0.0930 ACRES TOTAL: 5,847 SQUARE FEET OR 0.1342 ACRES PUBLIC WORKS REAL ESTATE DIVISION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No.7345 I ITEM No. D226614 I DATE 03-24-16 I M.C.D.O.T, R/W Agent: R.S. Tech: jb