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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.: 142-55-521 Project No.: TT0372 Project Name: Northern Parkway Termini: 99th Ave-87th Ave Item No.: D24448-TCE (LA) This Temporary Construction Easement is entered into by and between KRG Glendale Outlot D, 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 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 Ninety Thousand Eight Hundred Seventy-Eight and No/100 Dollars ($90,878.00) paid by GRANTEE to GRANTORS. This Page 1 of Page 2 of 8 Project No.: TT0372 Project Name: Northern Parkway Parcel No.:142-55-521 Item No.: D24448-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 $ .80 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.:142-55-521 Item No.: D24448-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 142-55-521 D24448 - TCE Temporary Construction Easement A portion of Lot 13, 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 1989.58 feet; THENCE leaving said south line, North 01°19'33" West, a distance of 80.83 feet, to the west line of said Lot 13, a point of intersection with a non-tangent curve and the POINT OF BEGINNING; THENCE along said west line, northerly along said non-tangent curve to the left, having a radius of 631.53 feet, concave westerly, whose radius bears South 87°14'17" 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 west line, North 88°09'37" East, a distance of 59.28 feet; THENCE South 01°10'35" East, a distance of 64.39 feet; THENCE North 89°52'28" East, a distance of 264.71 feet; THENCE North 02°09'30" West, a distance of 19.92 feet; THENCE North 88°11'45" East, a distance of 27.73 feet, to the east line of said Lot 13; THENCE along said east line, South 00°01'24" East, a distance of 75.69 feet, to the southeast corner of said Lot 13; THENCE leaving said east line, along the south line of said Lot 13, South 88°40'27" West, a distance of 273.84 feet; THENCE leaving said south line, North 55°55'27" West, a distance of 29.67 feet; THENCE South 86°40'50" West, a distance of 39.19 feet, to the POINT OF BEGINNING. Containing 22,949 square feet or 0.5268 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.