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WHEN RECORDED RETURN TO: Maricopa County Real Estate Department 2801 W. Durango Street Phoenix, AZ 85009 EXEMPT A.RSS. § 11-1134, A.2 TD/LA TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel No.: 142-55-531 Project No.: TT0372 Project Name: Northern Parkway Termini: 99% Ave-87" Ave Ttem No.: D24441-TCE [TD] This Temporary Construction Easement is entered into by and between Cold Water, LLC, an Oregon limited liability company, hereinafter referred to as GRANTORS, the owner of the real property situated in Maricopa County, Arizona, which property is set forth in instrument number (2007-0549758) 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 Exhibit "A-1" and depicted in Exhibit “A-2” 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 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 thirty (30) calendar days in advance of construction activities. The consideration for the use of the TCE Area is Twenty-Three Thousand Seven Hundred Thirty-Four and No/100 Dollars ($23,734.00) paid by GRANTEE to GRANTORS. 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 GRANTORS in writing and issuing a payment for the additional consideration in Page 1 of 8 the amount of $ 988.92 for each additional month or part thereof for the required extension. 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. 4. Indemnification. GRANTEE agrees to indemnify GRANTOR(S) for all direct damages to the real property, personal property, or physical injury to persons located within the TCE Area, caused by, or arising from, the sole negligence of GRANTEE in the exercise of GRANTEE'S rights pursuant to the terms of this TCE. All claims shall be submitted in accordance with the requirements of A.R.S. §12-821, et seq. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE(S) FOLLOW Project No,: TT0372 Project Name: Northern Parkway Parcel No.: 142-55-531 Page 2 of 8 Item No.: D24441-TCE [TD] Dated this 29th day of _ February » 2024. GRANTORS: Cold Water, LLC, an Oregon limited liability company By: TURNIDGE, LLC, an Oregon limited liability company By: (dust tunidge Austin Turnidge Its: Manager STATE OF __ Arizona ) : d§ COUNTY OF __ Maricopa ) The foregoing instrument was acknowledged before me this__ 29th day of February > 2024 ,by Austin Turnidge its Manager of Cold Water, LLC, an Oregon limited liability company, on behalf of the company. DocuSigned by: Tangle Di. My Commission Expires 12/01/2024 ongella Dieg SD FSADASDOASAT2.- Notary Public TANGELLA DIAZ Notary Public State of Arizona Maricopa County Commission #591818 My Comm. Expires Dec. 1, 2024 Notary Stamp Seal The notary public certifies that appropriate authorization has been issued by the Arizona Secretary of State to allow electronic notarizations or remote online notarization pursuant to A.R.S. § 41-276. This remote notarial. act involved the use of communication technology. Project No.: TT0372 P 3of8 Parcel No.: 142-55-531 Project Name: Northern Parkway age 2 0 Item No.: D24441-TCE [TD] RECOMMENDED FOR APPROVAL: DocuSigned by: FSAAGDOASAT, Senior Right of Way Agent DocuSigned by: 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: ‘DocuSigned by: Wayne. Puc Deputy County ‘Attorney Date 3/1/2024 / Project No.: TT0372 Page 4 of 8 Parcel No.: 142-55-531 Project Name: Northern Parkway Item No.: D24441-TCE [TD] Wood, Patel & Associates, Inc. May 11, 2023 602.335.8500 ; WP# 215248.80 www.woodpatel.com Page 1 of 4 : See Exhibit HA” LEGAL DESCRIPTION . Northern Avenue Portion of APN 142-55-531 D24441 Temporary Construction Easement A portion of that certain parcel of land described in Document 2007-0549758, 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 375.50 feet; THENCE leaving said south line, North 01°19'33" West, a distance of 77.91 feet, to the west line of said certain parcel of land and the POINT OF BEGINNING; THENCE along said west line, North 00°00'54" East, a distance of 25.00 feet; ~THENCE leaving said west line, North 89°35'15" East, a distance of 9.89 feet; THENCE South 01°10'35" East, a distance of 6.49 feet; THENCE North 89°48'27" East, a distance of 172.43 feet; THENCE North 01°10'35" West, a distance of 99.86 feet; THENCE North 88°32'14" East, a distance of 8.58 feet, to the east line of said certain parcel of land and a point of intersection with a non-tangent curve; THENCE along said east line, southerly along said non-tangent curve to the left, having a radius of 392.02 feet, concave easterly, whose radius bears South 81°29'50" East, through a central angle of 08°30'08", a distance of 58.17 feet, to a point of intersection with a non-tangent line; THENCE South 00°00'54" West, a distance of 52.00 feet; “THENCE leaving said east line, South 89°50'10" West, a distance of 2.00 feet; THENCE South 46°43'47" West, a distance of 26.86 feet, to the south line of said certain parcel of land; THENCE along said south line, South 88°40'27" West, a distance of 126.68 feet; THENCE leaving said south line, North 55°20'54" West, adistance of 21.47 feet; Page 5 of 8 Legal Description . May 11, 2023 Northern Avenue WP# 215248.80 Portion of APN 142-55-531 Page 2 of 4 D24441 : See Exhibit Temporary Construction Easement “A-1” THENCE South 89°35'15" West, a distance of 18.80 feet, to the POINT OF BEGINNING. Containing 5,382 square feet or 0.1235 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. ; EXPIRES 12-31-23 Page 6 of 8 Bmp'gpT-epz\leBeT\heans\gpZG1 Z\LZ02\:Z SeLeeh Satildxa AVS OL LON 7 4O€30Vd 08'8PZS1Z #d €Z0Z/L L/S LNAWSSV3 NOLLONYLSNOO ANVYOdWAL LeS-s¢-Zrl NdV JO NOLLYOd SNNAAY NYSHLYON wz. 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