F1. ACCESS EASMENT AGREEMENT.PDF

When Recorded Mail To:

Circle K Stores Inc.

19500 Bulverde Road, Suite 100

San Antonio, TX 78259

Attention: Murray H. Van Eman,

Director of Legal Affairs, Real Estate, USA

ACCESS EASEMENT AGREEMENT

CIRCLE K STORES INC., a Texas corporation (“Grantor”), owner of the real property
described on Exhibit A attached hereto and incorporated herein (the “Circle K Parcel”), for
valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to
MARICOPA COUNTY, a political subdivision of the State of Arizona (“Grantee”), a perpetual,
non-exclusive easement for access on, over, and across that portion of the Circle K Parcel
described in this Access Easement Agreement, together with the exhibits thereto, as the “Access
Easement Area”, as legally described on Exhibit B attached hereto and as depicted on Exhibit C
attached hereto, solely for Grantee to access certain Grantee owned drainage facilities located on
the Circle K Parcel (the “Drainage Facilities”) for purposes of installing, operating and
maintaining the Drainage Facilities.

The access rights granted by this Access Easement Agreement are non-exclusive. Grantor has the
right to use and occupy, and to grant others the right to use and occupy, all or any portion of the
Circle K Parcel for any purpose consistent with this Access Easement Agreement. Grantee’s use
of the easement granted in this Access Easement Agreement and the Access Easement Area will
not result in any interference with, or closure of, any of the points of ingress and/or egress to or
from the Circle K Parcel or any of the Access Easement Area from time to time located on the
Circle K Parcel. Grantee shall use commercially reasonable efforts to minimize the impact to the
tenants, occupants, visitors and users of the Circle K Parcel as a result of Grantee’s entry on to the
Circle K Parcel. Following any entry upon the Circle K Parcel, Grantee shall return any disturbed
areas on the Circle K Parcel to substantially its previous condition, including, but not limited to,
landscaping, paving, grades, etc.

This Access Easement Agreement shall be interpreted according to, and governed by, the
procedural and substantive laws of the State of Arizona. The successful party in any court action
brought to enforce or interpret any provision of this easement will be entitled to recover its
reasonable attorneys’ fees and costs from the unsuccessful party.

The invalidity of any portion of this Access Easement Agreement shall not affect the validity of
the remaining portions, which remaining portions will remain in full force and effect.

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IN WITNESS WHEREOF, this Access Easement Agreement has been executed as of the day and
year first above written.

GRANTOR:

CIRCLE K STORES INC., a Texas
corporation

» Mah fA

Name: Ke vte- tof re cman
Title: Viwe re Sj deh

STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA. )

This instrument_was acknowledged before ,me this ehlar ry of une, 2022, by
Morte wu drasen , So st cde of Circle K Stores

Inc., a Texas corporation, on behalf of the corporation.
y
]
Macau ll Ker.

PATRICIA A ALANIZ r
Notary Public, State of Arizona tary Public
Pinal County
Commission # 557083

My Commission Expires
February 11, 2023

[SEAL]

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488 1-5707-9578.5

DocuSign Envelope ID: C53C7053-FAC9-4CC1-B2CD-9598A16AD6BD

RECOMMENDED FOR APPROVAL:

DocuSigned by: DocuSigned by:
Juunifur Rodrigues Patrice Murta,
Senior Right of Way Agent Right of Way Supervisor
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

DocuSigned by:

Wayne Pde 6/30/2022

Deputy County Attorney Date

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EXHIBIT “A”
LEGAL DESCRIPTION OF CIRCLE K PARCEL

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:

A portion of the Northwest quarter of Section 31, Township 2 South, Range 7 East of the
Gila and Salt River Base and Meridian, Maricopa County, Arizona, also being a portion of
Parcel 1 of CHANDLER HEIGHTS CITRUS TRACT UNIT 3127, according to Book 21
of Maps, Page 20, records of Maricopa County, Arizona and being more particularly
described as follows:

COMMENCING at the Northwest corner of said Section 31, marked by a found brass cap in
handhole; Thence South 89°35'23" East, along the North line of said Northwest quarter, a
distance of 95.50 feet;

Thence South 00°24'37" West, leaving said North line, a distance of 70.00 feet to a point on the
South line of the North 70 feet of said Northwest quarter, said point being the Point of Beginning;

Thence South 89°35'23" East, along said South line, a distance of 190.06 feet;

Thence South 00°07'48" West, 309.76 feet to a point on the South line of the North half of said
Parcel 1;

Thence North 89°51'42" West, along said South line, a distance of 219.35 feet to a point on
the East line of the West 65 feet of said Northwest quarter; Then North, along said East line,
a distance of 280.78 feet; Thence North 45°10'33" East, 42.29 the Point of Beginning.

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4881-5707-9578.5

EXHIBIT “B”
LEGAL DESCRIPTION OF ACCESS EASEMENT AREA

That portion of that property described in Document Number 2009-0297616 Official Records
Maricopa County, being part of the West half of the North half of Parcel 1, “CHANDLER HEIGHTS
CITRUS TRACT UNIT 3127”, according to Book 21 of Maps, Page 20, Official Records Maricopa
County, situated in the Northwest quarter of Section 31, Township 2 South, Range 7 East of the Gila
& Salt River Base & Meridian, Maricopa County, Arizona, described as follows:

Commencing at the Northwest comer of said Section 31;

Thence along the North line of said Northwest quarter of Section 31, South 89°35'23" East, a
distance of 285.22 feet:

Thence leaving said North line South 00°07'23" East, a distance of 70.00 feet to a point on the South
right-of-way line of Riggs Road. said point being a point on the North line of the property descnbed
under Quit Claim Deed 2010-0080946, Official Records Maricopa County Recorder, and the TRUE
POINT OF BEGINNING:

Thence South 00°07'51" West, a distance of 63.00 feet;

Thence North 89°35'23" West, a distance of 40.00 feet;

Thence North 00°07'51" East, a distance of 63.00 feet to a point on said South nght-of-way line of
Riggs Road:

Thence along said South right-of-way line, South §9°35'23" East, a distance of 40.00 feet to the
TRUE POINT OF BEGINNING.

Containing 2.520 square feet, or, 0.058 acres of land, more or less.

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EXHIBIT “C”
DEPICTION OF ACCESS EASEMENT AREA

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