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WHEN RECORDED RETURN TO: Maricopa County Department of Transportation Right-of-Way Division EXEMPT ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 501-45-015M Project No.: TT367 — El Mirage Rd. (Northern Ave. to Peoria Ave.) Item No.: D22730A — 1 (GL) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, DEER VALLEY SERVICE CENTER I, LLC, an Arizona limited liability company and LUKE LAND 80, LLC, an Arizona limited liability company, GRANTORS, for and in consideration of the sum of ONE THOUSAND EIGHT HUNDRED SEVENTY and No/100 DOLLARS, ($1,870.00), 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 TT367 — El Mirage Rd. (Northern Avenue to Peoria Avenue) 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 1 of 4 Parcel No.: 501-45-015M Project No.: TT367 — El Mirage Rd. (Northern Ave. to Peoria Ave.) Item No.: D22730A — 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 MARICOPA AGREES: A. To use the property described herein for the general welfare and benefit of the public. B. To pay the Grantor the sum of ONE THOUSAND EIGHT HUNDRED SEVENTY and No/100 DOLLARS, ($1,870.00), as payment in full for the rights granted herein. C. 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. D. 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 the sum of ONE THOUSAND EIGHT HUNDRED SEVENTY and No/100 DOLLARS, ($1,870.00), payment in full for the rights granted herein. 3. 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. Parcel No.: 501-45-015M Project No.: TT367 — El Mirage Rd. (Northern Ave. to Peoria Ave.) Item No.: D22730A — 1 (GL) Dated this 3 day of ,20 / 1. GRANTORS: DEER VALLEY SERVICE CENTER I, LLC, an Arizona limited liability compaligAnd LUKE LAND 80AC, an Arizona limited liability company • BY: ITS: STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 3-n42 day of 20 / ty, by TAIA) - I) its A4.61v/ re-4-40 ./ (Name of officer or agent) (Tit1V of the DEER VALLEY SERVICE CENTER I, LLC, an Arizona limited liability company and LUKE LAND 80, LLC, an Arizona limited liability company. My Commission Expires CcI,L.,Z 3 1 ,20 Notary ublic (signature) bAYLE T. LEONARD Notary Public - State of Artcts MARICOPA COUNTY My Commission Expires October 23,2018 Notary Stamp Seal Page 3 of 4 Parcel No.: 501-45-015M Project No.: TT367 — El Mirage Rd. (Northern Ave. to Peoria Ave.) Item No.: D22730-1 (GL) RECOMMENDED FOR APPROVAL: G 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 ant rity16f the23 -hrd of Supervisors - Deliuty County Attorney Date /// /// /// /// // Page 4 of 4 Parcel No 501-45-015M Project No TT367 EL MIRAGE ROAD - NORTHERN AVENUE TO PEORIA AVENUE Item No 22730-1 EXIII IT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT Two parcels lying within a portion of that property described in Document number 2008-0435443 as recorded in Maricopa County Recorder's Office, Maricopa County, Arizona being part of the Southwest quarter of Section 25, Township 3 North, Range 1 West, Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: Parcel One: COMMENCING at the Southwest corner of said Section 25 from which the West quarter corner bears North 00°00'52" West a distance of 2634.97 feet; thence along the West line of said Section 25, North 00°00'52" West, a distance of 354.39 feet; thence leaving said West line North 89°59'08" East to a point on the East line of the West 55.00 feet of said Southwest quarter, a distance of 55.00 feet to the POINT OF BEGINNING; thence along said East line, North 00°00'52" West, a distance of 223.33 feet; thence North 45°53'40" East, a distance of 20.19 feet; thence South 00 000 152" East to a point on the South line of that property as described in said Document number 2008-0435443, a distance of 237.54 feet; thence North 89 021 158" West along said South line, a distance of 14.50 feet to the POINT OF tIEGINNING. Containing 3,342 square feet or 0.0767 acres, more or less. Parcel Two: COMMENCING at the Southwest corner of said Section 25 from which the West quarter corner bears North 00°00'52" West a distance of 2634.97 feet; thence along the West line of said Section 25, North 00°00'52" West, a distance of 909.66 feet; thence leaving said West line North 89°45'06" East to a point on the East line of the West 55.00 feet of said Southwest quarter, a distance of 55.00 feet to the POINT OF BEGINNING; thence from said point South 89 021 127" East, and along the North line of that property as described in said Document number 2008-0435443, a distance of 10.00 feet; Page 1 of 2 Parcel No. 501-45-015M Project No. TT367 EL MIRAGE ROAD - NO THERM AVENUE TO PEORIA AVENUE Item No. D22730-1 EXIII IT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT thence South 00000'52" East, a distance of 39.89 feet; thence North 89°59'08" East, a distance of 47.00 feet; thence South 00°00'52" East, a distance of 16.68 feet; thence South 89 059'08" West to a point on the East line of said West 55.00 feet, a distance of 57.00 feet; thence along said East line, North 00°00'52" West, a distance of 56.68 feet to the POINT OF BEGINNING. Containing 1,350 square feet or 0.0310 acres, more or less. The above described parcels combined contain 4,692 square feet or 0.1077 acres, more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 9-04-2012 Chk;,67 7eive Appr: Rev: 1-30-2015; 4-29-2015; 1-08-2016; 2-08-2016; 4-25-2016 Maricopa County Public Works - Real Estate Divisin EXPIRES 12 /31 12017 GRANTOR lAP DATE EXHIBIT "A" Page 2 of 2