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When recorded, interoffice mail to: Maricopa County Real Estate Department Exempt ARS 11-1134, (A)(2) NON-EXCLUSIVE ACCESS EASEMENT Parcel No.: 104-75-004 Project No.: TT0633 Project Name: Southern Avenue (51° Avenue to 37" Lane) Item No.: D23962 THAT WHEREAS, CALMAT CO., a Delaware corporation, herein called the “Grantor”, the owner of: the real property situated in Maricopa County, Arizona, which property is set forth in instrument number 19870706600-1 in the Official Records of Maricopa County, Arizona (the “Grantor Property), for and in consideration of the sum of Thirty-Six Thousand Seventy ($36,070.00) and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey-to MARICOPA COUNTY, a political subdivision of the State of Arizona, hereinafter called “Grantee” and Grantee’s employees, contractors, licensees, and invites, a perpetual non-exclusive easement upon, over, across, through and a portion of the Grantor Property legally described on Exhibit “A” and depicted in Exhibit “B” attached hereto (the “Easement Area”) to allow Grantee’ to build and maintain a private driveway which includes vehicular and pedestrian access and which driveway is located on land owned by Grantee. Page 1 of 8 Parcel No.: 104-75-004 Project No.: TT0633 Project Name: Southern Avenue (51° Avenue to 37" Lane) Ttem No.: D23962 : This Non-Exclusive Access Easement (this “Easement”) and the rights of Grantee hereunder are subject to the terms and conditions set forth on the following page. Page 2 of 8 Parcel No.: 104-75-004 Project No.: TT0633 Project Name: Southern Avenue (51° Avenue to 37 Lane) Ttem No.: D23962 This Easement is governed by the following terms and conditions: 1, Grantor Reservation of Rights. Grantor reserves the right to use or permit others to use the Easement area for the purpose of pedestrian and vehicular access and any other purpose or use not inconsistent with this Easement (“Use”), provided that such Use does not interfere with the rights and privileges granted to Grantee hereunder. Grantor may, but is not obligated to, pave, grade, or otherwise improve the surface of the Easement Area. 2. No Barriers. Grantee acknowledges that this Easement is only for the purpose of the operation and maintenance of a shared driveway, and Grantee shall not construct, install or place, or permit to. be constructed, installed or placed, any fence, wall, barrier, structure or improvement of any kind on or within the Easement Area. No parking shall be permitted on or within the Easement Area except in the case of an emergency. Any obstructions or impediments to the use of the Easement Area for access by Grantor may be removed by Grantor, without notice, at Grantee’s sole cost and expense. For avoidance of doubt, at the northern terminus of the Easement Area, Grantor shall be permitted to install and maintain any fence, wall, barrier, structure or improvement of any kind so as to prevent or control access to the remaining portions of the Grantor Property. : 3. Grantee Obligation to Improve and Maintain. Grantee, at its sole cost and expense, shall grade, pave, and otherwise improve the surface of the Easement Area in accordance with plans approved by Grantor prior to the commencement of such work, such approval to not be unreasonably withheld, conditioned or delayed (“Grantee Improvements”). Grantee, at its sole cost and expense, shall operate, maintain, and repair Grantee Improvements so that the Easement Area provides safe and convenient access for both Grantor and Grantee. . Notwithstanding anything herein to the contrary, no work performed by Grantee shall preclude or prohibit Grantor from accessing the Grantor Property, it being understood that Grantor shall at all-‘times have vehicular access to and from the Grantor Property and the adjacent public right of way, at or immediately adjacent to the Easement Area. To the extent Grantee is performing any work within the Easement Area that would otherwise restrict Grantor’s access to the Grantor Property, Grantee shall ensure that Grantor has vehicular access through immediately adjacent lands owned by other third-parties, at no cost or expense to Grantor. ; 4. Safety and Access Protocols. Grantor and Grantee shall cooperate to develop safety and access protocols to govern. the use of the Easement Area. Grantor and Grantee agree to comply with the safety and access protocols, as agreed to by Grantor and Grantee. 5. Perpetual Nature of Easement. This Easement, and Grantee’s rights hereunder, shall be perpetual, and shall not terminate until and unless abandoned through the recordation of a document formally abandoning this Easement, which document shall reference this Easement and be executed and acknowledged by Graritee. 6. Indemnity. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless Grantor for, from, and against any and all actual or alleged liabilities, losses, obligations, claims, demands, suits, causes of action, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) incurred by Grantor in connection with or relating to: (a) the use of the Easement Area by Grantee or anyone acting for or on behalf of Grantee; or-(b) any breach or default of any of the obligations or agreements of Grantee contained herein. Notwithstanding any other provision of this Section to the contrary, Grantee will not:be liable for any grossly negligent or willful act committed by Grantor. Page 3 of 8 Parcel No.: 104-75-004 Project No.: TT0633 Project Name: Southern Avenue (51* Avenue to 37% Lane) Item No.: D23962 © 7. Successors and Assigns. The benefits and burdens, and the covenants and agreements herein set _ forth shall run with and burden the land and:shall extend and inure in favor and to the benefit of, and shall be binding-on Grantor and Grantee arid their successors and assigns. 8. Rights and Remedies Cumulative. The rights and remedies hereunder are cumulative, and the exercise of any one or more of such rights or remedies shall not preclude the exercise, at the same or different times, of any other right or remedy available. 9. Private Use. The provisions of this instrument are not intended to and do not constitute a public right of way or any other grant, dedication, or conveyance for public use of the Easement Area. : 10... Exhibits. Exhibit “A” and “B” attached hereto are incorporated herein with this reference. Page 4 of 8 : Parcel No.: 104-75-004 Project No.: TT0633 Project Name: Southern Avenue (51° Avenue to 37" Lane) Item No.: D23962 Dated this 27 day of September, 2023. GRANTOR: CALMAT CO., a Delaware corporation DocuSignediby:, By: | Midluael Gintow me Viichael F. Linton Its: Vice President STATE OF ARIZONA ) )§ COUNTY OF MARICOPA) The foregoing instrument was acknowledged before me this 27 day of September, 2023, by Michael F. Linton, Vice President of Calmat Co., a Delaware corporation, on behalf of the corporation. My Commission Expires01/13/2024 ‘DocuSignediby: O+46EA2C4D4 Notary Public (signature) ALICIA HERNANDEZ Notary Public State of Arizona Maricopa County Commission #282683 My Comm. Expires Jan. 13, 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.RS. § 41-276. This remote notarial act involved the use of communication technology Page 5 of 8 Parcel No.: 104-75-004 Project No.: TT0633 Project Name: Southern Avenue (51° Avenue to 37 Lane) Item No.: D23962 RECOMMENDED FOR APPROVAL: DocuSigned:by: ‘DocuSigned:by: Aline trrnendey 9/27/2023 Jevnifur Rodviquer 9/27/2023 Alicia Hernandez Jennifer Rodriguez 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 ‘DocuSignediby: Waywe Puck 9/27/2023 Deputy County Attorney Date Page 6 of 8 EXHIBIT "A" Parcel No. 104-75-004 © Project No. TT0633 — "SOUTHERN AVENUE — 51st AVENUE TO 37th LANE Item No. D23962-AA , _ Legal Description for Access ss Agreement A parcel of land being’a portion of Lot 51, Maricopa Garden Farms, according to Book 11 ‘of Maps; Page 38, ‘official records of Maricopa County Recorder, and lying. within a portion of the Southwest Quarter of Section 28, Township 1 North, Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described.as follows: COMMENCING at the Southwest corner of said Section 28, said point being. marked by a 3-inch Maricopa __ County aluminum cap in hand hole from which the South Quarter corner of said Section 28, said point being _ ’ marked by a 3-inch Maricopa County aluminum cap in hand hole, North 89 degrees 56 minutes 00 seconds East, 2,638.43 feet (basis of bearings); thence along the South line of said Southwest Quarter, Marth 89 89 degrees. 56 minutes 00 seconds, East, 2607. 72 feet; : thence North 0 degrees 04 minutes 00 seconds West, 33.00 feet to the POINT OF BEGINNING; thence North 0 degrees 04 mmiriutes.04 seconds West, 152.00. feet; thence North 89 degrees 56 minutes 03 seconds East, 31.23 feet; thence along the East line of said Lot, South 0 degrees 05 minutes 42 seconds West, 152.00 feet; thence South 89 degrees 56 minutes 01 seconds West, 30.80 feet to the POINT OF BEGINNING. The above-described parcel contains 4,715 square feet or 0.1082 acres, more or less, and is depicted. on the attached Exhibit “B”. .MARICOPA COUNTY. DEPARTMENT OF TRANSPORTATION Agent J. Rodriguez Project No. TT0633° Chk: © Tech M:P. (EPS) Prepaired by: EPS GROUP, INC. ; Page 7 of 8 EXHIBIT "B" LINE TABLE UNE | BEARING | LENGTH | Not to Scale LI | NOO‘04'00"W | 33.00° 12 | Nag'56'03"E | 31.23' 13 | seg'se'orw | 30.80" ; L2 APN: 104-75-004 CALMAT COMPANY DOCUMENT: 1987-0706600, M.C.R. LOT 51, MARICOPA GARDEN FARMS BOOK 11-OF MAPS, PAGE 38, M.C.R. . - 3 S s| | = = Ss + Ss 3S 3 3 023962-AA~_| POINT OF BEGINNING — TET SOUTHERN AVENUE ai 2,607.72° t 30.71 N89°56'00"E .2,638.43' (BASIS OF BEARING) ; POINT OF COMMENCEMENT SOUTH QUARTER CORNER SOUTHWEST CORNER SECTION 28, TIN, R2E | SECTION 28, TIN, R2E 3” MARICOPA COUNTY z MARICOPA COUNTY ALUMINUM CAP IN HAND HOLE _ ALUMINUM CAP IN HAND. HOLE D23962-AA Area: 4,715 square feet or 0.1082 acres MARICOPA COUNTY SOUTHERN AVENUE — 51st AVENUE TO 37th LANE ‘| PROJECT No. TT0633°_ - | Agent J. Rodriguez Prepared by: EPS Group Inc. ITEM.No. D23962-AA Tech MP. (EPS). Checked: Date: 05/25/2023 Page 8 of 8