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WHEN RECORDED RETURN TO: Maricopa County Real Estate Department 2801 W. Durango Street Phoenix, AZ 85009 EXEMPT A.R.S. § 11-1134, A.2 LA / DO TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel No.: 142-55-523 Project No.: TT0372 Project Name: Northern Parkway Termini: 99th Ave-87th Ave Item No.: D24447-TCE (LA) This Temporary Construction Easement is entered into by and between KRG Glendale Peoria I, LLC, a Delaware limited liability company hereinafter referred to as GRANTORS, the owners of the real property situated in Maricopa County, Arizona, which property is set forth in instrument number 20040301707 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. GRANTORS hereby grant 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 Exhibits "A-1" and “A-3” and depicted in Exhibit “A-2” and “A-4” attached hereto (the “Easement Area”) for the purpose of facilitating construction of the project known as TT0372 (“Project”). 1. Term and Consideration. This TCE is hereby granted for the stated purpose for a period of twenty-four (24) months (“Term”) which shall commence upon the written notice to the GRANTORS 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 GRANTORS of the initiation of construction activities no less than forty-five calendar days in advance of construction activities. GRANTORS agree that it shall take photographic evidence of the TCE Area within said 45-day period and provide copies of same to GRANTEE, and said photographs, unless promptly disputed by GRANTEE, shall constitute prima facie evidence of the condition of same prior to the commencement of construction activities thereon. The consideration for the use of the TCE Area is Fifty-Five Thousand Five Hundred Eighty-Six and No/100 Dollars ($55,586.00) paid by GRANTEE to GRANTORS. This Page 1 of Page 2 of 8 Project No.: TT0372 Project Name: Northern Parkway Parcel No.:142-55-523 Item No.: D24447-TCE (LA) 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 GRANTORS in writing and issuing a payment for the additional consideration in the amount of $2,317.00 for each additional month or part thereof for the required extension. 2. Damages. The GRANTEE shall be liable for any 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 Page 4 of 8 Project No.: TT0372 Project Name: Northern Parkway Parcel No.:142-55-523 Item No.: D24447-TCE (LA) 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_________________ LEGAL DESCRIPTION Northern Avenue Portion of APN 142-55-523 D24447 - TCE Temporary Construction Easement A portion of Lot 15, Peoria Crossings Second Amended, recorded in book 692, page 19, Maricopa County Records (MCR), lying within Section 33, Township 3 North, Range 1 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the south quarter corner of said Section 33, a 3-inch Maricopa County Department of Transportation (MCDOT) brass cap in handhole, from which the southeast corner of said section, a 3-inch MCDOT brass cap in handhole, bears North 88°40'27" East (basis of bearing), a distance of 2661.77 feet; THENCE along the south line of said section, North 88°40'27" East, a distance of 1587.87 feet; THENCE leaving said south line, North 01°19'33" West, a distance of 70.85 feet, to the west line of said Lot 15 and the POINT OF BEGINNING; THENCE along said west line, North 00°00'00" West, a distance of 22.07 feet; THENCE leaving said west line, North 89°51'21" East, a distance of 66.82 feet; THENCE North 78°08'56" East, a distance of 25.64 feet; THENCE South 89°57'37" East, a distance of 266.13 feet; THENCE North 01°10'35" West, a distance of 99.77 feet; THENCE North 88°09'37" East, a distance of 30.60 feet, to the east line of said Lot 15 and a point of intersection with a non-tangent curve; THENCE along said east line, southerly along said non-tangent curve to the right, having a radius of 631.53 feet, concave westerly, whose radius bears South 77°15'56" West, through a central angle of 09°58'21", a distance of 109.92 feet, to a point of intersection with a non-tangent line; THENCE leaving said east line, South 86°40'50" West, a distance of 40.52 feet; THENCE South 53°38'10" West, a distance of 25.11 feet, to the south line of said Lot 15; THENCE along said south line, South 88°40'27" West, a distance of 307.40 feet; THENCE leaving said south line, North 81°20'44" West, a distance of 33.77 feet, to the POINT OF BEGINNING. Containing 14,037 square feet or 0.3222 acres, more or less. Subject to existing right-of-ways and easements. This parcel description was prepared without the benefit of survey fieldwork and is based on client provided information. Any monumentation noted in this parcel description is based on said information.