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Page 1 of 6 WHEN RECORDED RETURN TO: Maricopa County Real Estate Department 2801 W. Durango Street Phoenix, AZ 85009 EXEMPT A.R.S. § 11-1134, A.2 / TEMPORARY CONSTRUCTION EASEMENT Parcel No.: 502-08-035 Project No.: TT0576 Project Name: Peoria Avenue from Citrus Road to SR 303 Item No.: D23985 ( ) This Temporary Construction Easement is entered into by and between Todd Beaton, as Trustee of The Sundance Trust dated August 6th 2023, hereinafter referred to as GRANTOR, the owner of the real property situated in Maricopa County, Arizona, which property is set forth in instrument number 20230412069 in the official records of Maricopa County (the “Burdened Property”), and Maricopa County, a political subdivision of the State of Arizona, its assigns and successors in title or interest, hereinafter collectively called GRANTEE. GRANTOR hereby grants a Temporary Construction Easement (“TCE”), together with the right and privilege of entering upon the area subject to the conditions set forth herein, on, over, under and across that portion of the Burdened Property legally described on Exhibit "A" and depicted in Exhibit “B” attached hereto (the “Easement Area”) for the purpose of facilitating construction of the project known as TT0576 (“Project”). 1. Term and Consideration. This TCE is hereby granted for the stated purpose for a period of twelve (12) months (“Term”) which shall commence upon the written notice to the GRANTOR by the GRANTEE. GRANTEE estimates that the period of time stated above will be sufficient for completion of the work within the TCE Area. GRANTEE shall provide written notification to GRANTOR of the initiation of construction activities no less than thirty (30) calendar days in advance of construction activities. The consideration for the use of the TCE Area is One Thousand Six Hundred Two and No/100 Dollars ($1,602.00) paid by GRANTEE to GRANTOR. This consideration is for the full Term described above. In the event GRANTEE determines that additional construction time within the TCE Area is needed for completion of the Project, GRANTEE shall be permitted to extend the term of this TCE by notifying the GRANTOR in writing and issuing a payment for the additional consideration in the amount of $134.00 for each additional month or part thereof for the required extension. Parcel No.: 502-08-035 Item No.: D23985 ( ) Page 2 of 6 Project No.: TT0576 Project Name: Peoria Ave from Citrus Rd to SR 303 2. Damages. The GRANTEE shall be liable for any permanent damage to the TCE Area, and/or any improvements therein, caused by GRANTEE during the Term of this TCE, and any extension thereof. Any improvements damaged as a result of GRANTEE’S use of the TCE Area will be replaced in kind. 3. Extinguishment. Upon completion of the Project construction, GRANTEE shall record a document extinguishing this TCE in the office of the Maricopa County Recorder, which document may be executed on behalf of the GRANTEE by the Director of the Maricopa County Real Estate Department. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE(S) FOLLOW Parcel No.: 502-08-035 Item No.:D23985 ( ) Page 4 of 6 Project No.: TT0576 Project Name: Peoria Ave from Citrus Rd to SR 303 RECOMMENDED FOR APPROVAL: Right of Way Agent Right of Way Supervisor ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS BY: Chairman, Board of Supervisors Date ATTEST: Clerk of the Board Date Approved as to form and within the powers and authority of the Board of Supervisors: Deputy County Attorney Date Page of EXHIBIT ³A´ PARCEL NO. 502-08-035 PROJECT NO. TT0576 PEORIA AVE CITRUS RD TO SR303 ITEM NO. D23985 LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 26, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 26, BEARS SOUTH 89° 59¶ 06´ EAST, FOR A DISTANCE OF 2643.62 FEET; THENCE SOUTH 89° 59' 06" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION, FOR A DISTANCE OF 440.70 FEET TO A POINT; THENCE SOUTH 00° 26' 47" WEST, DEPARTING SAID SECTION LINE, FOR A DISTANCE OF 53.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89° 59' 06" EAST, FOR A DISTANCE OF 220.29 FEET; THENCE SOUTH 00° 26' 47" WEST, FOR A DISTANCE OF 10.00 FEET; THENCE NORTH 89° 59' 06" WEST, FOR A DISTANCE OF 163.27 FEET; THENCE SOUTH 00° 00' 54" WEST, FOR A DISTANCE OF 13.37 FEET; THENCE NORTH 89° 59' 06" WEST, FOR A DISTANCE OF 36.00 FEET; THENCE NORTH 00° 00' 54" WEST, FOR A DISTANCE OF 13.37 FEET; THENCE NORTH 89° 59' 06" WEST, FOR A DISTANCE OF 21.02 FEET; THENCE NORTH 00° 26' 47" EAST, FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL CONTAINS 2,684 SQUARE FEET OR 0.0616 ACRES, MORE OR LESS. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 09/27/2024 RH Chk: Appr: Rev: Maricopa County Real Estate Department 11/19/2024 11/19/2024