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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 TD/MM TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel No.: 142-56-001D Project No.: TT0372 Project Name: Northern Parkway Termini: 99% Ave-87" Ave Item No.: D24452-TCE [TD] This Temporary Construction Easement is entered into by and between Happy Valley II, LLC, an Arizona 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 (2021-0996866)_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 grants 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”). Grantee shall not place or allow to be placed upon’ the TCE Area any Hazardous Substances, Hazardous Waste, Pollutants or Contaminants, all as defined in any federal state or local, law, rule statute, ordinance, or regulation. During the terms of the TCE, Grantee shall not unreasonably interfere with Grantor's use or business operation upon Grantor's Property. 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 Six Thousand Four Hundred Fifty-Four and No/100 Dollars ($6,454.00) paid by GRANTEE to Page 1 of 6 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 the amount of $ 268.92 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. Upon completion of all construction activities, Grantee shall restore the TCE Area to as close to its original condition as is reasonably possible at the expense of the Grantee. 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 Project No.: TT0372 Parcel No.: 142-56-001D Project Name: Northern Parkway Page 2 of 6 Item No.: D24452-TCE [TD] _ Dated this 16th day of _ February , 2024, GRANTORS: Happy Valley II, LLC, an Arizona limited liability company By: HV & Canal Master, LLC, as member and manager DocuSigned by: By: | Ne Howard Nico Howard, Authorized Agent STATE OF Arizona ) - )§ county of ___ Maricopa ) The foregoing instrument was acknowledged before me this Léth day of February 20.24 , by Nico Howard its Authorized Agent of Happy Valley IL, LLC, an Arizona limited liability company, on behalf of the company. DocuSigned by: My Commission Expires.2/ 01/2024 _ . Tangelle Dig BUF YADASDUASA7Z.. 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 , Parcel No.: 142-56-001D Project Name: Northern Parkway Page 3 of 6 Item No.: D24452-TCE [TD] RECOMMENDED FOR APPROVAL: DocuSigned by: . . . DocuSigned by: Tangelle. Ding oO Juunifur Rodriquur Senior 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: DocuSigned by: . Wayne. Pu Deputy County Attorney Date 2/20/2024 Project No.: TT0372 Parcel No.: 142-56-001D Project Name: Northern Parkway Page 4 of 6 Item No.: D24452-TCE [TD] Wood, Patel & Associates, Inc. Revised March 10, 2023 602.335.8500 January 25, 2023 www.woodpatel.com : WP# 215248.80 Page 1 of 2 See Exhibit “A-1” LEGAL DESCRIPTION Northern Avenue Portion of APN 142-56-001D D24452 Temporary Construction Easement A portion of that certain parcel of land described in Document 2021-0996866, Maricopa County Records (MCR), lying within Section 4, Township 2 North, Range 1 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the north quarter corner of said Section 4, a 3-inch Maricopa County Department of Transportation brass cap in handhole, from which the northeast corner of said section, a 3-inch Maricopa County Department of Transportation brass cap in handhole, bears North 88°40'27" East (basis of bearing), a distance of 2661.77 feet; THENCE along the north line of said section, North 88°40'27" East, a distance of 356.94 feet; THENCE leaving said north line, South 01°19'33" East, a distance of 118.32 feet, to the east line of said certain parcel of land and the POINT OF BEGINNING; THENCE along said east line, South 00°17'03" West, a distance of 5.00 feet; THENCE leaving said east line, North 89°15'04" West, a distance of 8.39 feet; THENCE South 88°40'24" West, a distance of 350.21 feet, to the west line of said certain parcel of land; THENCE along said west line, North 00°17'03" East, a distance of 5.00 feet; THENCE leaving said west line, North 88°40'24" East, a distance of 350.16 feet; THENCE South 89°15'04" East, a distance of 8.44 feet, to the POINT OF BEGINNING. Containing 1,793 square feet or 0.0412 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. Y:\WP\Parcel Descriptions\2021\215248,80 Northem Ave Portion of APN 142-56-001D D24452 TCE L15R01 03-10-23.docx Page 5 of 6 EXPIRES 1231-23 Bmp" LONSL T-erza\eBeT\henng\gp7$1Z\LZ021:Z ATVOS OL LON é 4072 59Vd O8'82S12 HAM €c0c/0/€ GASIASY LANSWASVA NOILONYLSNOO AYVeOdWAL G}00-9S-2r} NdV 4O NOILYOd 9409 ebeq €e-L€-2) SHUIdX3 YANYOD LSVAHLYON SNNAAV NYSHLYON if, LIGIHXS vrs 3,70G1.68S | 7 00'S | M€O21.008 | ZI 6e'8 | M.pOSL.68N | €1 zegit | aee6ll0s | 11 JoNvisia | onrvae | 3ni7| | aonvisia | onravaa | ann 31aVL aN FeV ANI / 4200-99-27) NdW y > OW ‘SS08611-6002 200 3.2 3 G100-99-2b}. 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