A. D23753 - PURCHASE AGREEMENT.PDF

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions

Title Company Security Title Agency Date 08/11/2021
Address 4722.N. 24% St., Ste. 200 Phone 602-230-6271
City Phoenix, AZ 85016 Fax 602-926-0452,
Escrow Officer Jason Bryant Email jbryant@SecurityTitle.com
Escrow No. 15200911-015-JB6-SW.
Donald Abrams and Marie Pavese-Abrams, husband and wife as community property
Grantor: with right of survivorship, as their interests appear on record Phone: | 623-694-8324
Contact Phone:
Mailing Address: | 9630S. San Marcos Ds. E Email Dabrams8@cox.net
City, State Zip Goodyear, AZ_ 85338-7130 Fax:

Grantee: Maricopa County, a political subdivision of the State of Arizona

Mailing Address: | Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009

MARICOPA COUNTY shall pay directly to the Grantor, or deposit | Sub- Charges and Disbursements to be paid from Grantor's funds as
with the Title Company if escrowed, the purchase price plus all Object | follows (check all that apply):
lawful costs incidental to closing as follows: Code
i L
Escrow Fees TBD LJ Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees TBD monetary liens and encumbrances, and leases of any kind.
‘Title Report 750.00 Pay in full all due and delinquent real property taxes and
‘Title Report Credit general and special improvement assessments, Prorate the
Total Escrow & Title Fees current year's real property taxes on closings that occur oa or
after the 3rd Monday of August each year. Escrow Agent
Recording Fees: shall withhold the prorated amounts from each patty and pay
Release & Reconveyance the lien of the current year's taxes in full.
Release of Lease [ [
KX] Partial Acquisition of Grantor's Property: Partial release of all
monetary liens and encumbrances, and leases of any kind.
At the discretion of Maricopa County, pay due and delinquent
Total Recording Fees TBD property taxes and general and special improvement
assessments, including full payment of taxes and
Other Charges: assessments on individual assessor parcels within
Release Fees Maricopa County's partial acquisition, and any Certificate(s)
Consent Fees of Purchase, The current year's taxes shall ot be prorated
S.R.VAW.ULA. regardless of the closing date.
Taxes -Prorated [
(]__Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD
(Other Disbursements: |
Sub Total
Land* $3,148.00 11
BWCDD Irrigation 1
Easement* $327.00 Possession date:
TCE $160.00 12 Close of escrow:
Administrative Settlement $3,041.00 10 Date of recording:
Special Conditions Right of Way Contract Yes KJ] | No [7]
Total Compensation $6,676.00 Exhibit “B”
‘Total Escrow & Title Costs TBD | 14 Entry Agreement Yes [1 | No
Exhibit “C” BWCCD Easement attached
Total Purchase Price hereto and made part here of Yes KH | NoO]
TOTAL WARRANT** TBD

*Esccow and title policy fees based on this amount only,
**Sum of "Total Closing Costs" and Total Purchase Price" only.

Project: MC 85 at Verrado Way PCN: | ‘TT0572
Assessor Parcel No.: 502-53-0114 Item No | D23753
Right of Way Agent: Michelle Moy Telephone # | 602-506-8684

Page 1 of 15

The GRANTORS, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhfbrt(s) attached hereto and made
a part hereof, and having delivered same to the above ‘litle Company as Escrow Agent, said agent is directed to deliver said conveyance to MARICOPA
COUNTY, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS.

‘The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leaschold interests, special assessments, and other encumbrances as may
be authorized for payment, and the balance thereof shall be paid in accordance with the terms herein.

Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate alt
agreed items; record such escrowed instruments as ace necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties
entitled thereto, It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow.

‘The Right of Way Agent or MARICOPA COUNTY Real Estate Department will be furnished a copy of the Grantor’s closing statement with the following certification signed
by an authorized offices: “This is to certify this is a true and correct statement of disbursement of funds collected from MARICOPA COUNTY.”

The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Hither a copy of this request or a copy of a
signed receipt is to be retained in the escrow file.

Maricopa County will pay the costs of the owner’s title insurance policy; fees associated with lender releases or loan pay-offs, including endorsements, document preparation,
and other expenses related thereto; escrow fees and other charges by escrow companies incidental to the closing of escrow. In the alternative, Maricopa County may, at its
option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and ttle insurance herein are not applicable.

If any element of this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and payment will be made direct
from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and recording of the

documents.

It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired. Ifthe acquisition
is a partial acquisition from a larger parcel, the consideration also includes; full and complete compensation fox all injury or damage to the Grantor's remaining lands by reason
of their severance from the part being acquired and the construction of the improvements in the manner proposed by MARICOPA COUNTY.

Tf cost to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate such improvements not later than
30 days from the date of payment. Grantor assumes ali Liability connected with said removal. It is further agreed that upon expiration of the time provided for removal, all
improvements remaining partially or wholly upon the lands conveyed shall become the property of MARICOPA COUNTY and all rights of the Grantos to said improvements
shall cease and terminate. Grantor shall be tiable for the reasonable costs incurred in removing said improvements. License is hereby granted to MARICOPA COUNTY or
its agents to enter upon the Grantor’s remaining lands where necessary to accomplish the purpose of this agreement.

MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the Grantor's property caused by MARICOPA
COUNTY's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARICOPA COUNTY's temporary occupancy of the
property. All claims shall be submitted in accordance with the requirements of ARS 12-821.

This Agreement is subject to cancelation pursuant to ARS. § 38-511.

It is further agreed settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction
with any judiciat or administrative proceeding,

GRANTOR: Donald Abrams and Marie

Pavese-Abrams, husband and wife as RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:

community property with tight of survivorship,

as their interests appear on record

a MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
ll aaddtd Cher Fin Fr], OF TRANSPORTATION SUPERVISORS
Donald Abrams Date
» fp vA .
ue TON GRLGACP- 7 - AT A Real Property Manager Chairman of the Board
Marie Pavese-Abrams Date
ATTEST:

Date

Security Title Agency Approved as to form within the
powers and authority of the Board of Clerk of the Board of Supervisors
Supervisors

Accepted Date

ESCROW OFFICER

Deputy County Attorney Date Date

RES/KGR Revised 2/3/2017

Page 2 of 15

EXHIBIT "B"
RIGHT OF WAY AGREEMENT

Parcel No.: 502-53-011

Project No.: TT0572

Project Name: MC 85 at Verrado Way
Item No.: D23753 (MM)

WHEREAS in consideration hereinafter set forth, it is agteed that this instrument contains the entire agreement between
the Grantor and Maricopa County. No further consideration is being paid than described in this agreement.

THE COUNTY OF MARICOPA AGREES:

A.
B.

c.

G.

To use the real property described herein for the general welfare and benefit of the public.

To pay the Grantors the sum of ‘Three Thousand One Hundred Forty-Eight and No/100 Dollats ($3,148.00) as
payment in full for the real property described herein.

‘To pay the Grantors the sum of One Hundred Sixty and No /100 Dollars ($160.00) as payment in full for the
‘Temporary Construction Easement on the property described herein.

. To pay the Grantors the sum of Three Hundred Twenty-Seven and No/100 Dollats ($327.00) as payment in full

for the Irrigation Easement between Buckeye Water Conservation & Drainage District (BWCDD) and the Grantors.
The irrigation easement is located on the property described herein and attached hereto as Exhibit “C”. County is
paying for the easement due to BWCDD’s prior rights at it’s existing location and the MCDOT project requiting
relocation of BWCDD irriation infrastructure.

To provide temporary fencing and two temporary gates during the construction phase. When construction is
completed to replace existing fencing and two gates with like kind.

That, if in the opinion of the Transportation Director it becomes necessary, private structures will be relocated in kind
to the Grantor’s property, clear of the property described herein, at no expense to the Grantor except as may be
herein otherwise agreed.

That no costs relating to construction of roadway improvements on Project No. TT0572 will be charged to the
Grantor.

THE GRANTORS AGREE:

1.

2.

To grant a Warranty Deed for the real property described in Exhibit "A" to the County of Maricopa for the general
welfare and benefit of the public.

To accept the sum of Three Thousand One Hundred Forty-Eight and No/100 Dollats ($3,148.00) as payment
in full for the property described herein.

To accept the sum of One Hundred Sixty and No/100 Dollats ($160.00) as payment in full for the Temporary
Construction Easement on the property described herein,

To grant an Irrigation Easement, as described herein and attached hereto as Exhibit “C”, to Buckeye Water
Conservation & Drainage District WCCD) and accept the sum of Three Hundred Twenty-Seven and No/100
Dollars ($327.00) as payment in full for the Irrigation Easement. County is paying for this Hasement due to
BWCDD’s prior tights at it’s existing location and the MCDOT requiring relocation of BWCCD’s irrigation
infrastructure.

To accept the temporary fencing and two temporary gates during the construction phase. When construction is
completed to accept the replacement of the existing fencing and two gates with like kind.

That the County, or its agents, is hereby granted the tight to enter upon the remaining property of the Grantor for the
putpose of accomplishing "F” above.

Page 3 of 15

Exhibit “A”
Attached to Fee Simple Right of Way
Parcel No, 502-53-011
Project No. TT0572
MC 85 and Verrado Way Intersection Improvements
Item No. D23753

LEGAL DESCRIPTION FOR FEE SEMPLE RIGHT OF WAY

A parcel of land in the Southwest quarter of Section 31, Township 1 North, Range 2 West of the Gila
and Salt River Base and Meridian, and being more particularly described as follows:

Commencing at the Southwest comer of said Section 31, being a brass cap flush, from which the West
quatter comer of said Section 31, an aluminum cap, bears North 00°13'36" East, for a distance of
2648.85 feet, and from which the Northwest corner of Section 6, Township 1 South, Range 2 West, a
brass cap flush, bears South 89°27'30” East, for a distance of 164.27 feet;

thence along the West line of said Southwest quarter North 00°13'36" East, for a distance of 1324.20
feet;

thence departing said West line South 89°46'24" East, for a distance of 40.00 feet to a point on a line
parallel with and 40,00 feet easterly of the West line of said Southwest quarter and the Point of
Beginning;

thence along said parallel line North 00°13'36" East, for a distance of 432.61 feet;

thence departing said parallel line South 02°52'22" East, for a distance of 214.90 feet;

thence South 00°40'39" East, for a distance of 218.13 feet to the southerly line of the property
described in Document 2009-1175545, Maricopa County Records;

thence along said southerly line North 89°27'03" West, for a distance of 15.06 feet to the Point of
Beginning.

The above described parcel contains 4,156 square feet or 0.0954 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim:10/30/2020 LV | Chk: [ Appr: 40@ 12/29/2020
Rev:

Maricopa County Real Estate Department

GRANTOR_D) (F  DATE_¢ ~2-4-/
Page 1 of 1 Page 4 of 15

Exhibit “B", Attached to Fee Simple Right of Wa N
y
NO. | BEARING LENGTH
rz N00°13'36"E | 1324,20'
L2 | $89°46'24" E 40,00'
13 | Noo13'36"E | 432.61'
L4_ | s02°52'20"E | 214.90! Not to Scale
Ls | soo-4o'30"E | 218.13!
Le | Negr27o3"w | 15.06" /
lili /
nan 23753 D23753 /
i | Donald Abrams / /
\ Marle Pavese-Abrams /
Ve 502-53-014
tk. / !
iN 7 |
— |
iD
>- 8
< ¢ |
= tu iN |
O & |
aie |
o BK \
Ss] 1a
e/a \
> 502-53-0088 \
504-44-038D \
i
' \
.
‘ 502
602 53
53 0081.
| 008G
| 1 $89°27'30"E
i} [ 164,27’ soe
EXIST RAW
| | _ "| MC 85 008R
SEC LN Slat
' 8 89°29'38"E 230452! ~~
P.0,C. | EXIST R/W
400-10-049 | 400-09-008

D23753 Area: 4,156 square feet or 0.0954 acres

ill

Total Req'd, Area: 4,156 square feet or 0.0954 acres 4 of4
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 502-53-011 MC 85 AND VERRADO WAY INTERSECTION IMPROVEMENTS
PROJECT No, TT0572 ITEM No, D23753 DATE 10/30/2020 RWKS. Tech LV Page 5 of = 15

Exhibit “C”

WHEN RECORDED MAIL TO: Easement

BUCKEYE WATER CONSERVATION AND
DRAINAGE DISTRICT

205 Roosevelt Ave

Buckeye, Arizona 85326

EASEMENT

This Agreement is made this day of , 202___, by and between Donald
Abrams and Marie Pavese-Abrams, hereinafter “Grantor” and BUCKEYE WATER CONSERVATION
AND DRAINAGE DISTRICT (“BWCDD” or “Grantee”) an irrigation and water conservation district, a
municipal corporation, and a political subdivision of the State of Arizona.

Recitals
A- Grantor conducts certain operations in the Easement Parcel (as such term is defined
below);
B- Grantee and its predecessors in interest since 1887 have operated the Buckeye Canal and

associated laterals, ditches, and drainage system, located throughout the western part of Maricopa County,
Arizona (the “Buckeye Canal System”) pursuant to authority granted in part by the government of the United
States and laws enacted by Congress; and

C- Grantor and Grantee wish to formalize their mutual rights and duties with respect to the
Easement Parcel.

Agreement

In consideration of the mutual agreements and covenants set for the herein, Grantor and Grantee
agree as follows:

1. Subject to the provisions of Section 6 below, “Grantor hereby grants and conveys to
Grantee,” a permanent easement to enter upon and use the lands, more particularly described on Exhibit
“A” attached hereto (the “Easement Parcel”) for Access, Irrigation, Construction/operation of facilities.

2. BWCDD and Grantor may each use the Easement Parcel provided Grantor's use is not
inconsistent with BWCDD’s operation and maintenance of the Buckeye Canal System.

3. Grantor reserves the right to use the Easement Parcel for the operation, maintenance and
repair of landscaping and any other improvements agreed to in writing by Grantee (the “Improvements’),
subject to Grantee's rights set forth herein granted; provided that the Improvements shall not impede nor
interrupt Grantee’s operations and maintenance activities with respect to the Easement Parcel or the
Buckeye Canal System, or Grantee's use of the Easement Parcel.

4. Grantee shall be solely responsible, at its expense, for maintenance over the Easement
Parcel related to the Buckeye Canal System. Grantor shall be solely responsible for the expense of
maintenance of any Grantor improvements on the Easement Parcel. Grantee shall have the right to close
public access to any portion of the Easement Parcel reasonably necessary to conduct maintenance or
construction activities, for the length of the activities. Grantee shall provide Grantor with ten (10) day notice

4803390,3

03/15/21 Page 6 of 15

of any such closure, unless the maintenance activity is in response to an emergency and prior notice would
be impracticable.

5. Grantee shall have the right to construct, operate and maintain an open ditch or
underground pipe as part of the Buckeye Canal System, with the right to change from open ditch to
underground pipe at any time at its option for the purpose of collecting underground water, carrying surface
water and waste waters or any other purpose that is consistent with the purposes of BWCDD.

6. Grantor acknowledges that Grantee is the beneficiary of a right-of-way reservation
pursuant to the Canal Act of 1890 (43 USC § 945) (the "Canal Act”) for the construction, maintenance, and
operation of the Buckeye Canal, and that this Easement is supplemental to, confirmatory of, and not in
derogation of any and all rights Grantee has under the Canal Act, all use rights Grantee has under that Act
for all activities incidental to the operation and maintenance of the Buckeye Canal system, and all
prescriptive prior rights of Grantee. Grantor shall take no actions that would limit, hinder, or compromise
Grantee's rights under the Canal Act.

7. Grantor shall submit to Grantee all plans and specifications for any Improvements to be
made within the Easement Parcel for Grantee's review and approval. Any Improvements shall be designed
and constructed in accordance with sound engineering principles and practices, in a good and workmanlike
manner and shall comply with all applicable laws, rules, codes, statutes, regulations and ordinances.
Grantee, or an entity selected by Grantee, shall construct any approved Improvements as designed, at
Grantor's cost. Grantor shall be responsible for all regulatory compliance associated with any Grantor
Improvements.

8. Indemnification

a. To the extent allowable by law, Grantee agrees to indemnify, defend, protect and
hold Grantor, its successors and assigns, officers, directors, employees, partners,
representatives and agents (the “Grantor Indemnitees”) harmiess from, of, for and
against any and all liabilities, claims, damages, demands, obligations, expenses,
costs, including attorneys’ fees and court costs, and causes of action resulting
from, arising out of or relating to the use of the Easement Area by Grantee and its
invitees, agents, employees, and contractors. Notwithstanding any of the
foregoing, Grantee shall not be required to indemnify, defend, protect and hold
harmless, release or discharge the Grantor Indemnitees if any such liabilities,
claims damages, demands, obligations, expenses, costs, including attorneys’ fees
and court costs or causes of action result from, arise out of or related to the
negligence or intentional misconduct of a Grantor Indemnitee.

b. To the extent allowable by law, Grantor agrees to indemnify, defend, protect and
hold Grantee, its successors and assigns, officers, directors, employees, partners,
representatives and agents (the “Grantee Indemnitees’) harmless from, of, for and
against any and ail liabilities, claims, damages, demands, obligations, expenses,
costs, including attorneys’ fees and court costs, and causes of action resulting
from, arising out of or relating to the use of the Easement Area by Grantor and its
invitees, agents, employees, and contractors. Notwithstanding any of the
foregoing, Grantor shall not be required to indemnify, defend, protect, and hold
harmless, release, or discharge the Grantee Indemnitees if any such liabilities,
claims damages, demands, obligations, expenses, costs, including attorneys’ fees
and court costs or causes of action result from, arise out of or related to the
negligence or intentional misconduct of a Grantee Indemnitee.

c. Whenever a party is required to indemnify, defend, protect and hold harmless (the
“Indemnifying Party”) another pursuant to any terms of Section 8, the amount of
the damages to be paid by or on behalf of the Indemnifying Party will, subject to
the provisions of this Section 8, be calculated after giving effect to (and reduced

Page 7 of 15

by) (i) any amounts to which the Indemnitee has received from third parties in
connection with such item of damages, net of any costs or expenses of collecting
such amounts (“Reimbursements”), and (ii) the Net Proceeds of any insurance
policy received by the Indemnitee with respect to such damages. For purposes of
this Section 8(c), “Net Proceeds” means the insurance proceeds actually received,
less any deductibles, co-payments and expenses of collecting from the insurance
provider, If any Indemnitee receives any Reimbursement or Net Proceeds after
an indemnification payment is made which relates thereto, the Indemnitee shall
promptly repay to the Indemnifying Party such amount of the indemnification
payment as would not have been paid had the Reimbursement or Net Proceeds
reduced the original payment at such time or times as and to the extent that such
Reimbursement or Net Proceeds is actually received.

d. Notwithstanding anything to the contrary herein, an Indemnitee may not assert
multiple claims under this Section 8 in order to recover duplicative damages in
respect of a single set of facts or circumstances under more than one
representation, warranty, covenant or agreement in this Agreement whether such
facts or circumstances would give rise to a breach of more than one
representation, warranty, covenant or agreement in this Agreement.

9. Any notice hereunder to be given by Grantor to Grantee shall be in writing and shall be
given by personal delivery, overnight courier service, or United States certified or registered mail, return
receipt requested, postage prepaid, to Buckeye Water Conservation and Drainage District, 205 Roosevelt
Ave, Buckeye, Arizona, 85326, Attention: Administrative Manager. Any notice to be given hereunder by
Grantee, to Grantor shall be in writing and shall be given by personal delivery, overnight courier service, or
United States certified or registered mail, return receipt requested, postage prepaid, to Donald Abrams and
Marie Pavese-Abrams, husband and wife as community property with right of survivorship, 9630 S. San
Marcos Drive E, Goodyear, AZ 85338. Either party may designate by written notice, a new address to which
any such notice shall thereafter be so addressed and mailed.

10. Each of the easements, covenants, conditions, restrictions, rights and obligations set forth
herein runs with the land and creates equitable servitudes in favor of the Grantee and its successors and
assigns, binds every person having any fee, leasehold or other interest therein and inures to the benefit
and the respective parties and their successors, assignees, heirs and personal representatives.

11, Any subsequent owner of the Easement Parcel or any portion thereof, by accepting a deed
conveying title thereto, or the execution of a contract for the purpose thereof, whether from the original
Grantor from a subsequent owner of such Easement Parcel, or any portion thereof, accepts such deed or
contract subject to each and all of the easements, covenants, conditions, restrictions and obligations
contained herein, and assumes the obligation of Grantor hereunder. By such acceptance and assumption,
any such subsequent owner for his- or herself and his or her successors, assignees, heirs and personal
representatives, covenants, consents and agrees to keep, observe, comply with, and perform the
obligations and agreements of Grantor set forth herein with respect to the real property so acquired by such
subsequent owner.

12, Each provision of this Easement in the application thereof to the Easement Parcel! and
hereby declared to be independent and severable from the remainder of this Easement. If any provision
contained herein is held to be invalid or to be unenforceable or not to run with the land, such holding does
not affect the validity or enforceability of the remainder of this Easement.

13. Time is of the essence of this Easement.
414. This Easement contains a complete understanding and agreement of the parties hereto

with respect to all matters referred to herein, and all prior representations, negotiations, and understandings
are superseded hereby. Exhibits attached hereto are incorporated herein by this reference.

Page 8 of 15

15. The laws of the State of Arizona govern the interpretation, validity, performance and
enforcement of this Easement, except to the extent that the rights of any party are governed by the Canal
Act or other federal law.

16. In the event of a breach or attempted or threatened breach of the provisions of this
Agreement, the remedy at law available to enforce this instrument would in all likelihood be inadequate
and, therefore, this instrument may be enforced by mandatory or prohibitory injunction or decree of specific
performance upon the application of the affected party.

17. This Easement may be executed in as many counterparts as may be convenient or
required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of
all persons required to bind any party, appear on each counterpart. All counterparts shall collectively
constitute a single instrument.

18. The Recitals set forth above are true and correct and incorporated herein by this reference.
IN WITNESS WHEREOF, the parties have executed this easement this day of
, 20,
BUCKEYE WATER CONSERVATION AND Donald Abrams and Marie Pavese-Abrams,
DRAINAGE DISTRICT husband and wife as community property with
, a political subdivision of the State of Arizona right of survivorship, as their interest appear of
record
By. By.
Noel Carter Donald Abrams
By
Its, General Manager Marie Pavese-Abrams

Page 9 of 15

Exhibit “C”

ACKNOWLEDGMENT
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this day of ,20___, before me, the undersigned Notary

Public, personally appeared Noel Carter, known to me to be the General Manager of BUCKEYE
WATER CONSERVATION AND DRAINAGE DISTRICT, a political subdivision of the State of Arizona,
and they, being duly authorized so to do, executed the foregoing instrument for the purposes
therein contained.

In witness whereof, | have hereunto set my hand and official seal.

NOTARY PUBLIC

My Commission Expires:

STATE OF ARIZONA )
)ss:
County of Maricopa )
On this day of , 20___, before me, the undersigned Notary

Public, personally appeared Donald Abrams, of Donald Abrams and Marie Pavese-Abrams,
husband and wife as community property with right of survivorship, as their interests appear of
record, he being duly authorized so fo do, executed the foregoing instrument for the purposes
therein contained.

In witness whereof, | have hereunto set my hand and official seal.

NOTARY PUBLIC

My Commission Expires:

Page 710 of 15

STATE OF ARIZONA )
)ss:
County of Maricopa j

On this day of ,20__, before me, the undersigned Notary
Public, personally appeared Marie Pavese-Abrams, of Donald Abrams and Marie Pavese-
Abrams, husband and wife as community property with right of survivorship, as their interests
appear of record, and she, being duly authorized so to do, executed the foregoing instrument for
the purposes therein contained.

In witness whereof, | have hereunto set my hand and official seal.

NOTARY PUBLIC

My Commission Expires:

Page 11 of 15

Exhibit “A”
Attached to Irrigation Easement
Parcel No. 502-53-011
Project No. TT0572
MC 85 and Verrado Way Intersection Improvements
Item No, D23753-UE

LEGAL DESCRIPTION FOR IRRIGATION EASEMENT

A patcel of land in the Southwest quarter of Section 31, Township 1 North, Range 2 West of the Gila
and Salt River Base and Meridian, and being more particularly described as follows:

Commencing at the Southwest corner of said Section 31, being a brass cap flush, from which the West
quarter corner of said Section 31, an aluminum cap, bears North 00°13'36" East, for a distance of
2648.85 feet, and from which the Northwest corner of Section 6, Township 1 South, Range 2 West, a
brass cap flush, bears South 89°27'30” East, for a distance of 164.27 feet;

thence along the West line of said Southwest quarter North 00°13'36" East, for a distance of 1324.20
feet;

thence departing said West line South 89°46'24" East, for a distance of 40.00 feet;

thence South 89°27'03" East, for a distance of 15.06 feet to the Point of Beginning;

thence North 00°40'39" West, for a distance of 9,01 feet;

thence North 89°42'25" East, for a distance of 50.69 feet;

thence South 03°05'57" East, for a distance of 9.78 feet to the southerly line of the property described
in Document 2009-1175545, Maricopa County Records;

thence along said southerly line North 89°27'03" West, for a distance of 51.11 feet to the Point of
Beginning.

The above described parcel contains 478 square feet or 0.0110 acres, more or less, and is depicted on
the attached Exhibit “B”,

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim:10/30/2020 LV | Chk: | Appr: 409 te/eytoz0
Rev:

Maricopa County Real Estate Department

GRANTOR DY DATE fag - 2 /

Page 12 of 15

Exhibit "B", Attached to Irrigation Easement N

Not to Scale
D23753 :
Donald Abrams / NO. BEARING LENGTH
d Marie Pavese-Abrams Li N00°13'36"E | 1324,20°
| 502-63-011 L2_[ ssors6'24"E | 40.00"

L3 8 89°27'03" E 15.06!
4 N 00°40°39" W 9,01"

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D23753-UE
sina is | Neo4225"E | 50.80"
L7 Le | $03°05'57"E 0.78"
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$ 89°29'38"E 2304.62" —
400-10-018 400-09-008

D23753-UE Area: 478 square feet or 0.0110 acres
Total Req'd. Area: 478 square feet or 0,0110 acres 1 of 4

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 502-53-011 MC 85 AND VERRADO WAY INTERSECTION IMPROVEMENTS

PROJECT No. TT0572 ITEM No. D23753-UE DATE 10/30/2020 RWK.S, Tech LV Page 130f 15

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 502-53-011
Project No. TT0572
MC 85 AND VERRADO WAY INTERSECTION IMPROVEMENTS
Item No. D23753-TCE

LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT

A parcel of land in the Southwest quarter of Section 31, Township 1 North, Range 2 West of the
Gila and Salt River Base and Meridian, and being more particularly described as follows:

Commencing at the Southwest corner of said Section 31, being a brass cap flush, from which the
West quarter corner of said Section 31, an aluminum cap, bears N 00° 13’ 36°’ E, for a distance
of 2648.85 feet, and from which the Northwest corer of Section 6, Township 1 South, Range 2
West, a brass cap flush, bears S 89° 27° 30’’ E, for a distance of 164.27 feet:

Thence along the West line of said southwest quarter N 00° 13’ 36’’ E (Basis of Bearing for this
Legal Description), a distance of 1333.13 feet, thence S 89° 46’ 24”’ E, departing perpendicularly
from said basis of bearing line, a distance of 54.92 feet, to the Point of Beginning for this Legal
Description;

Thence N 89° 42’ 25’ Ea distance of 12.00 feet,

Thence N 00° 40° 39°’ W a distance of 18.00 feet,

Thence S 89° 19’ 21°’ W a distance of 7.00 feet,

Thence N 00° 40° 39” W a distance of 191.30 feet,

Thence N 02° 52’ 22” W a distance of 219.14 feet,

Thence N 00° 13’ 36” Ea distance of 15.00 feet,

Thence N 89° 46’ 24°’ W a distance of 4.77 feet,

Thence S 00° 13’ 36° W a distance of 19.40 feet,

Thence S 02° 52’ 22°’ Ea distance of 214.91 feet,

Thence S 00° 40’ 39”’ E a distance of 209.12 feet, back to the Point of Beginning.

The above described parcel contains 2,339 square feet or 0.054 acres, more or less; and is
depicted on the attached Exhibit “B”.

MICHAEL J.
HENRICH

Page 14 of 15

Attached to Temporary Construction Easement

Exhibit "B"

N
NO. BEARING | LENGTH An
L5 | N02°52'22"w] 219.14' C7 ‘| ‘
L6 | Noo 13'36"E| 15.00" A tory
L7 |N89°46'24"WI 4.77' | LN L 7
L8 | $00°13'36"W] 19.40" ye i N.T.S
L9 | $02°52'22"E} 214.91" ato a '
oO eNO YO iy
7 “ il t
7 \ > 1
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/ 18 L6 = it MICHAEL J.
MATCHLINERIGHT ~ \ Oo 1 HENRICH
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Existing i Lg YY / > i
6 RW N Tt \ / ot ros
i “ 8 Pit
it “ J a oO t
ti New RW ~~ — <2 ‘
1a 14 a N 14
—~ i ot iG {1 502-53-011
S| =a | |t aS H
a ! 1 New TCE ~ a a 1
nal IS 5 a yo[ TARTS 8 v4 H
Bris S i} 7 13 aN Zy Lo 1 -Existing RW
- Pad '
= ~ ed H / L10 \ | 1 New R/W
eh Go fbf M\ iN yy
Zz > t 1 ‘a ] 1 ! ‘ ‘New TCE
ji | PoB H
L10 H | / |
1 N H \ et ot tetietiet A 1 ia
I i \ \ 7 i
H H \ L4 7 ! H
it a MATCH LINE LEFT
1 £
1 /
POBN 1 / 502-53-014 NO. BEARING | LENGTH
1]
ri L1 | N89°42'25"E] 12.00"
j \ ) L2 | N00°40'39"W] 18.00"
i
SOP NS, 13 | Segig'2i"w] 7.00"
1S 89° 46" 24" E| hea L4_ | N00°40'39"W] 191.30"
N 00° 13' 36" E Tage ;
393 19 L10 | $00°40'39"E | 209.12
oa
Total Req'd. T.C.E. Area: 2,339 square foot or 0.054 acres Sheet 1 of 1

MARICOPA COUNTY

INTERSECTION IMPROVEMENTS AT MC 85 AND VERRADO WAY

PROJECT No, TT0572

ITEM No. D23753-TCE

DATE 01/08/2021

RW AGENT K.S.

PAGE150F 15