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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division (SW) 2801 W. Durango Phoenix, Arizona 85009 EXEMPT ARS 11-1134, A2 / TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 104-13-520 Project No.: TT0345 MC85-Buckeye Road (951h Ave to 75th Ave) Item No.: D22658-1 (SW) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, 8100 WEST BUCKEYE LLC, an Arizona limited liability company, GRANTORS, for and in consideration of the ONE THOUSAND SIX HUNDRED EIGHTY and NO/100 DOLLARS ($1,680.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby grant and convey to MARTCOPA COUNTY, a political subdivision of the State of Arizona, its successors, and assigns, GRANTEE, a Temporary Construction 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. 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 I of 4 Parcel No.: 104-13-520 Project No. TUB 45 MC85 -Buckeye Road (95th Ave to 75 th Ave) Item No.: D22658-1 (SW) 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. C. To pay the Grantor the sum of ONE THOUSAND SIX HUNDRED EIGHTY and NO/100 DOLLARS ($1,680.00) 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 not already compensated for, 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 ONE THOUSAND SIX HUNDRED EIGHTY and NO/100 DOLLARS ($1,680.00) as payment in fall 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 not already compensated for, 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 Parcel No.: 104-13-520 Project No.: TT0345 MC85-Buckeye Road (95th Ave to 75th Aye) Item No.: D22658-1 (SW) Dated this day of , 2016. GRANTORS: 8100 WEST BUCKEYE LLC, an Arizona limited liability company, STATE OF )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by its of 8100 WEST BUCKEYE LLC, an Arizona limited liability company„ GRANTORS, on behalf of the corporation. My Commission Expires 101_50 otary Public (signature) oWiihrtwoi, • STATE " • • , < OF :77 _ TENNESSEE NOTARY 1 PUBLIC 1/, BYCO3 ‘N, Notary Stamp Seal Page 3 of 4 Parcel No.: 104-13-520 Project No.: TT0345 MC85-Buckeye Road (95th Ave to 75 t1i Ave) Item No.: D22658-1 (SW) 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 171 Page 4 of 4 Parcel No, 104-13-520 Project No. TT345 MC-85 at 83RD AVENUE and CENTER TURN LANE EXPANSION Item No. D22658-1 EXHIBIT "A" LEGAL DESCRIPTION A Temporary Construction Easement lying within a portion of "LOT 1", CHARIOT EAGLE re-plat, according to Book 679 of Maps, page 42, Records of Maricopa County, Arizona. Said easement also lies within the Southwest quarter of Section 11, Township I North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11, from which the West quarter corner bears, North 00°01'29" East, a distance of 2668.62 feet; thence along the South line of the Southwest quarter of said Section 11, South 89°17'11" East, a distance of 1318.28 feet; thence North 00 004149" West to the Southwest corner of said "LOT 1", a distance of 65.01 feet; thence South 89'1711" East along the South line of said "LOT 1" and along the North line of the South 65.00 feet of the Southwest quarter of said Section 11, a distance of 17.21 feet to the POINT OF BEGINNING; thence continuing along the North line of the South 65.00 feet of said Southwest quarter, South 89°17'11" East, a distance of 10.00 feet; thence North 35 0 13 152" East, a distance of 29.13 feet; thence South 89°1711" East, a distance of 51.72 feet; thence South 42 059131" East to a point on the North line of the South 65.00 feet of said Southwest quarter, a distance of 33.20 feet; thence along said North line, South 89017'11" East, a distance of 38.22 feet; thence North 00 04249" East, a distance of 40.00 feet; thence North 89 01711" West, a distance of 139.39 feet; thence South 00°42'49" West to a point on the North line of the South 65.00 feet of said Southwest quarter, a distance of 40.00 feet to the POINT OF BEGINNING. The above described parcel contains 3,861 square feet or 0.0886 acres, more or less, and is subject to all easements of record. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 6-20-2013 jls Chk: Appr: Rev: 4-04-2016 Maricopa County Public Works -Real Estate Division EXPIRES 12/31/2014 GRANTOR DATE EXHIBIT "A" NO. BEARING LENGTH NO. BEARING LENGTH L1 S 00°42'49" W 40.00' L10 S 89°1711" E 10.00' L2 8 89°17'11" E 139.39' L11 L5 N 00°4249" E 40.00' L12 N 00°04'49" W 65.01' L6 S 89°17'11" E 38.22' L13 S 89°17'11" E 17.21' _ L7 S 42°59'31" E 33.20' L8 S 89°17'11 11 E 51.72' L9 N 35°13'52" E 29.13' N.T.S. 62' 2668, :71 D22658 To-w 8100 West Buckeye LLC 29"E 104-13-092 104-13-520 °01 7-D22658-1 _ - \ North line of N00 co E \ the south 65' co / I [EXIST !VW vN SW corner of "LOT 1" (NI CHARIOr EAGLE replat 14/1CR 679-42 %1318.28' Li 1 SEC LN MC85 889°17'11E 2636.57' LEGEND: PROPOSED NW PROPOSED EASEMENT PROPERTY LINE 022658-1 Temporary 3,866 square feet or 0.0888 acres Construction Easement I EXPIRES 12 / 31 /2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No.11345 ITEM No. D22658 DATE 4-04-2016 P.W.R.ED. R/W Agent: G.L. Tech: LV / 3LS