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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division Exempt ARS 11-1134, A2 DRAINAGE EASEMENT Parcel No.: 211-74-118B Project No.: TT457 — 10" Street (Dove Valley Rd to Paint Your Wagon) Item No.: D23360-2 (PM) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Lisa Kazan, an unmarried woman as to an undivided 60% interest and Jewel Investment Company, LP, as to an undivided 40% interest, hereinafter called the GRANTOR, for and in consideration of the sum of Four Thousand Four Hundred and No/100 Dollars ($4,400.00) 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, hereinafter called the GRANTEE, and to its agents, successors and assigns, a non- exclusive drainage easement for the purpose of constructing and maintaining a channel and appurtenances on, over, under and across the ground embraced within a parcel of land situated in the County of Maricopa, State of Arizona, and being described as follows: See Attached Exhibit “A” The GRANTEE or its agents, successors and assigns shall at all times have the right of full and free ingress and egress to said easement for the purpose heretofore specified. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and shall be binding on the heirs, successors in and estate, assigns and lessees of ownership the respective parties hereto, “ Page | of 4 Parcel No.: 211-74-118B Project No.: TT457 — 10" Street (Dove Valley Rd to Paint Your Wagon) Item No.: D23360-2 (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 pay the sum of Four Thousand Four Hundred and No/100 Dollars ($4,400.00) as payment in full for the rights granted herein. C, That, if in the reasonable opinion of the Transportation Director it becomes necessary, private structures will be relocated in kind to the Grantor’s property, clear of the property described herein, at no expense to the Grantor except as may be herein otherwise agreed. To relinquish all rights granted herein to the above described property in the event that the Grantor OR GRANTOR’S SUCCESSOR IN INTEREST shall at any time in the future develop the parcel containing the easement, PROVIDED THAT THE DEVELOPMENT INCLUDES approved drainage facilities to the satisfaction of the GRANTEE and or the municipality having jurisdiction at this location THE GRANTOR AGREES: 1. To grant a non-exclusive easement for the property described herein to the County of Maricopa and/or its agents for the general welfare and benefit of the public. To accept the sum of Four Thousand Four Hundred and No/100 Dollars ($4,400.00) as payment in full for the rights granted herein. That the County, or its agents, are hereby granted the right to enter upon the remaining property of the Grantor for the purpose of accomplishing C above. That, upon the Grantor's signing of the Drainage Easement, the County and/or its agents shall have immediate use of the property described herein. The Grantor retains all legal rights and privileges for the use and enjoyment of the easement property not inconsistent with the Grantee’s use for drainage easement purposes described herein. The Grantee shall have the right, but not the obligation, to trim, cut and clear away trees, brush or other vegetation on the easement property whenever in its reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted herein. This easement and the grant of the easement to Grantee is subject to all matters of record. Page 2 of 4 Parcel No.: 211-74-118B Project No.: TT457 — 10" Street (Dove Valley Rd to Paint Your Wagon) Item No.: D23360-2 (PM) Dated this ZU wn day of =.) AV “ 2016, , Grantor: Lisa Kazan, an unmarried woman Lisa Kazan, an unmarried woman Grantor: Jewel Investment Company, LP, an Arizona Limited Partnership., By: Larry Management, Inc., an Arizona corporation, Its: general partner. By: FPAGQUU KWAN 7 ‘Lisa Kazan, Vice-President STATE OF Nc TAINO )§ , COUNTY OF [Way it qh. 4 \ th The foregoing instrument was acknowledged before me nis day of 2016, by Lisa Kazan, an’ woman and Lisa Kazan for Jewel] Investment Company, LP., — its Vex =! (650 ; | ty _— My Commission Expires % Notaty Public (si pbsdture) Chris Spano Notary Public Maricopa County, Arizona Notary Stamp Seal Page 3 of 4 Parcel No.: 211-74-118B Project No.: TT457 — 10" Street (Dove Valley Rd to Paint Your Wagon) Item No.: D23360-2 (PM) RECOMMENDED FOR APPROVAL: Right-of-Way Agent/ 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 CASES altace Deputy County Attorney Date I Mf Hf Mf Page 4 of 4 Parcel No. 211-74-118B Project No. T'T-457 10°" STREET DOVE VALLEY ROAD TO PAINT YOUR WAGON TRAIL Item No. D23360-2 LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A portion of the Southeast of the Southwest quarter of Section 9, Township 5 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at the Southwest corner of said Section 9; THENCE East along the South line of said Section 9, North 89°48'42" East, a distance of 1314.44 feet; THENCE, along the West line of the Southeast quarter of the Southwest quarter, North 00°01'09" West, a distance of 1215.87feet; THENCE North 89°48'50" East, a distance of 40.00 feet to the POINT OF BEGINNING; THENCE continuing North 89°48'50" East, a distance of 30.00 feet; THENCE North 00°01'09" West, a distance of 70.00 feet; THENCE South 89°48'50" West, a distance of 30.00 feet; THENCE South 00°01'09" East, a distance of 70.00 feet to the POINT OF BEGINNING. The above described parcel contains 2,100 square feet or 0.0482 acres, more or less. Page 1 of | MARICOPA COUNTY _ Prelim: BFC 12/24/15 | Chi: Appr: Rev: EXPIRES 12/31/2017 GRANTOR DATE EXHIBIT “A”