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WHEN RECORDED RETURN TO: Maricopa County Real Estate Department 2801 W. Durango Street Phoenix, AZ 85009 EXEMPT A.RS. § 11-1134, A.2 Resolution FCD 2018R006 WJ/SO TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel No.: 300-52-014 Project No.: 117.02.32 Project Name: 19th Avenue and Dobbins Road Storm Drain Project Item No.: F00451-TCE [WJ] This Temporary Construction Easement is entered into by and between the Arizona Humane Society, an Arizona non-profit corporation, hereinafter referred to as GRANTOR, the owner of the real property situated in Maricopa County, Arizona, which property is set forth in instrument number 2002-0302142 recorded March 26, 2002 in the official records of Maricopa County (the “Burdened Property”), and the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, its assigns and successors in title or interest, hereinafter collectively called GRANTEE. GRANTOR hereby grants a Temporary Construction Easement (“TCE”) to GRANTEE, 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 and depicted in Exhibit “A” attached hereto (the “Easement Area”) for the purpose of facilitating, construction of the project known as PCN #117.02.32 (“Project”). 1. Term and Consideration. This TCE is hereby granted for the above stated purpose for a period of Twelve (12) months (“Term”) which shall commence upon the written notice to the Grantor by the Grantee. GRANTEE estimates that the Term will be sufficient for completion of the Project within the Easement Area. GRANTEE shall provide written notification to GRANTOR of the initiation of construction activities no less than thirty (30) calendar days in advance of such construction activities. The consideration for this TCE is Six Hundred Fifty and No/100 Dollars ($650.00) paid by GRANTEE to GRANTOR. This consideration is for the full Term described above. In the event GRANTEE determines that additional construction time within the Easement Area is needed for completion of the Project, GRANTEE shall be permitted to extend the Term by notifying the GRANTOR in writing and issuing a payment for the additional consideration in the amount of $54.00 for each additional month or part thereof for the required extension. : Project No.:1 17.02.32 Parcel No.:300-52-014 Page 1 of 5 7753.12.3649612.4 2. Damages. GRANTEE shall be liable for any damages, claims or losses to. the Easement Area and/or any improvements therein caused by GRANTEE and its employees, agents, contractors or assigns during the Term and any extension(s) thereof. GRANTEE shall repair and restore any damages to the Easement Area and/or any improvements therein to a like or equivalent condition as existed prior to the construction of the Project. If GRANTEE determines that it becomes necessary to relocate any improvements on or to the Easement Area, then GRANTEE shall be responsible to relocate such improvements at its sole cost and expense and GRANTEE shall obtain GRANTOR’S approval of any relocation of the improvements before such work commences. GRANTEE shall comply with all applicable laws, rules and regulations, now in force and hereafter enacted, including, without limitation, all environmental, safety and health related laws and regulations, in connection with its use of Easement Area. 3. Termination; Automatic Termination. Upon completion of the Project, GRANTEE shall record a document terminating 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 Flood Control District of Maricopa County. Notwithstanding anything to the contrary in this TCE, this TCE shall expire.and terminate automatically, without the need to execute or record any further document or instrument, fifteen (15) months following the recordation of this TCE. Any failure by GRANTEE to execute and record such termination shall not affect. or otherwise impair the automatic termination provisions set forth above. , 4. Insurance. GRANTEE represents and warrants that GRANTEE is self-insured up to five million dollars ($5,000,000) and maintains workers’ compensation and employer’s liability insurance as required by law. This Section will survive any termination of this Easement. 5. Indemnification. To the fullest extent allowable by law, GRANTEE shall indemnify, defend and hold harmless GRANTOR, and its partners, members, officers, directors, shareholders, trustees, beneficiaries, affiliates, agents and employees for, from and against any and all claims, demands, suits, liabilities, costs and expenses (including, but not limited to reasonable attorneys’ fees and costs) arising out of resulting from: (i) the entry by GRANTEE or its guests, invitees, contractors, agents and employees (“Permittees”) onto the Easement Area; and (ii) the construction of the Project. GRANTEE’S obligations under this Section will survive any termination of this TCE for a period of one year and then terminate. 6. Lien Free. GRANTEE shall at all times keep and maintain the Easement Area free and clear of any and all liens, claims, demands, obligations, liabilities and causes of action arising out of or in any manner relating to any work, including construction of the Project, for or on behalf. of GRANTEE or arising out of the use of the Easement Area by GRANTEE and Permittees. If any demand, claim, lien or cause of action is filed, asserted or made on, against or with respect to the Easement Area as a result of any of such work or use, GRANTEE shall cause such lien, demand, claim or cause of action to be dismissed, released, and discharged therefrom no later than ten (10) days thereafter or commence proceedings to dismiss, release and discharge within ten (10) days and diligently pursue such proceedings until completed. 7. Amendment. This TCE may only be amended by a document recorded in the Project No.:117.02.32 Page 2 of 5 "Parcel No.:300-52-014 7753.12.3649612.4 office of Maricopa County Recorder, executed by the parties to this TCE. 8. Governing Law. This TCE shall be construed, governed and enforced in accordance with the laws of the State of Arizona. 9. Counterparts. This TCE may be executed in.one or more counterparts, each of which in the aggregate shall constitute one and the same instrument. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW Project No.:117.02.32 Page 3 of 5 Parcel No.:300-52-014 7753.12.3649612.4 November Dated this 13th _day of , 2023 GRANTOR: The Arizona Humane Society, an Arizona non-profit corporation ‘DocuSigned.by: By: Stumm Hansen Name: Steven R. Hansen, DVM Its: Chief Executive Officer STATE OF ARIZONA ) )§ COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 13th day of November > 2073, by Steven R. Hansen, DVM, the Chief Executive Officer of The Arizona Humane Society, an Arizona non-profit corporation, on behalf of the corporation. ‘DocuSignediby: My Commission Expires 98/21/2027 Wagne tones Notary Public WAYNE JONES JR Notary Public State of Arizona Maricopa County Commission #656474 My Comm. Expires Aug. 21, 2027 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.:117.02.32 Parcel No.:300-52-014 Page 4 of 5 7753.12.3649612.4 RECOMMENDED FOR APPROVAL: FLOOD CONTROL DISTRICT APPROVED AND ACCEPTED: BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY ‘DocuSigned by: | Sut Vogl 11/20/2023 Scott Vogel Date Chairman of the Board Chief Engineer & General Manager CS aes ma 11/17/2023 Alex Smith Date Director, Real Estate Department Approved as to form and within the powers and authority granted to the Board of Directors. DocuSigned by: Puck 11/14/2023 General Counsel Date Project No.:117.02.32 7753.12.3649612.4 ATTEST: Clerk of the Board Date: Parcel No.:300-52-014 Page 5 of 5 EXHIBIT “A” [attached] Project No.:117.02.32 Parcel No.:300-52-014 Exhibit “A” to Temporary Construction Easement 7753.12.3649612.4 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT OVER A PART OF APN 300-52-014 “A PARCEL OF LAND SITUATED IN A PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 3 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 7, FROM: WHICH THE NORTHWEST CORNER OF SAID SECTION 7, BEARS NORTH 89 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 2618.42 FEET; - THENCE UPON AND WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, NORTH 89 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 496.07 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 45 MINUTES 12 SECONDS WEST, A DISTANCE OF 45.00 FEET, TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF DOBBINS ROAD; ; THENCE DEPARTING SAID RIGHT OF WAY, SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 41.63 FEET; ; THENCE SOUTH 89 DEGREES 16 MINUTES 54 SECONDS EAST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 41.60 FEET, TO A POINT ON THE AFORESAID SOUTH RIGHT OF WAY LINE; THENCE UPON AND WITH SAID RIGHT OF WAY LINE, NORTH 89 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 1,665 SQUARE FEET OR 0.038 ACRES OF LAND, MORE OR LESS. APR 2023 DIBBLE PROJECT NO APN 300-52-014 PAGE 1_ 1021056.01 FILE:V:\PROJECTS\2021\\1021056 19th Ave — Dobbins\CAD\EXHIBITS\21056.—TCE1.dwg DATE:Apr, 26 2023 TIME: 11:30 am - FND: MCDOT ALUMINUM CAP’ FLUSH FND CITY OF PHOENIX BRASS CAP FLUSH NORTHWEST CORNER SECTION. 7, NORTH 1/4 CORNER SECTION 7, T1S R3E TIS R3E POINT OF COMMENCEMENT Ly N89°14’48"W 2618.42’ BASIS OF BEARINGS mS f| _| > POINT OF 496.07 _ Ts a “lg. BEGINNING DOBBINS ROAD ne) cw) Li =-= “ z o| & a 4 > > C3 APN 300-52-014 = < CAMPUS FOR COMPASSION x al x BK 558, PG 44, MCR iB a5 — ol } S LINE DATA TABLE LINE | BEARING DISTANCE N XQ | L1. | $00°45'12"W | 45.00’ FND COTTON PICKER SPINDLE L2 |sooroo’o0"w | 41.63" - WEST 1/4 CORNER — SECTION 7, T1S R3E L3. | $89°16’54"E | 40.00’ NTS ©. L4 | Noo"00’00’W | 41.60 PARCEL AREA: L5 | Ng9°14’48"W |. 40.00" 1,665 SF OR THIS IS NOT A PROPERTY BOUNDARY SURVEY. a 0.038 ACRES EXHIBIT ”A” DIBBLE | Dibble Project No 1021056.01, TEMPORARY CONSTRUCTION EASEMENT OVER APN 300—52-—014 A PART OF NW % SECTION 7, T1S, R3E, GILA & SALT RIVER : MERIDIAN, MARICOPA COUNTY, ARIZONA DATE: APR 2023 DRN: JLB CHK: AML/JPG go (By PAGE .2 ©