B. AGREEMENT FOR RIGHT OF ENTRY.PDF

The Flood Control District of Maricopa County
Maricopa County Real Estate Department
MM/KR
AGREEMENT FOR RIGHT OF ENTRY
Parcel No.: 219-24-155
Project No.: 420.04.31
Project Name: Oak Street Basin and Storm Drain
Item No.: F00418-5 (MM)
Thunder Mountain Improvement Association, an Arizona corporation, GRANTOR, for and
in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable
consideration, receipt of which is hereby acknowledged, does hereby grant and convey to
the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the
State of Arizona (DISTRICT), GRANTEE its successors, and assigns, a Right of Entry,
for the following purposes, namely: The right to enter upon the hereinafter described land
and grade, level, fill, drain, pave, build, maintain, repair and rebuild a road or highway, including
incidental purposes consistent therewith, together with such bridges, culverts, ramps and cuts
as may be necessary, on, over, under and across the ground embraced within parcels of land
situated in the County of Maricopa, State of Arizona, and described as follows:
See Exhibit “A” for Legal Descriptions

Parcel No.: 219-24-155
Project No.: 420.04.31
Project Name: Oak Street Basin and Storm Drain
Item No.: F00418-5 (MM)
NOW THEREFORE, in consideration of the same and further consideration hereinafter set forth,
it is agreed, that this instrument contains the entire agreement between the parties hereto and there being
no further consideration paid than herein specified.
THE DISTRICT AGREES:
A. To use the property described herein for the general welfare and benefit of the public.
B. To pay the Grantor the sum of Ten and No/100 Dollars ($10.00) as payment in full for the
right to enter upon the property described herein and for the purpose of accomplishing “E” and
“F” below.
That this permission is not a waiver in any way of the right to compensation for such land or of
any remedy authorized by law to secure payment.
To, without unnecessary delay, negotiate with the Grantor, and all other persons, if any, having
any right, title or interest in said property to agree upon terms of compensation.
This Right-of-Entry is granted in consideration of the location, improvement and construction of
such storm drain and incidents thereto, which it is understood by Grantor that said entry is
required by the DISTRICT, and shall continue in effect, for a period of twenty-four (24) months
from the commencement of construction, pending such negotiations.
That, if in the opinion of the Flood Control Director, it becomes necessary, fences and private
structures will be relocated in kind to the Grantor's property, clear of the above-described right-
of-way, at no expense to the Grantor except as may be herein otherwise agreed.
That no costs relating to construction of the storm drain project #420.04.31 will be charged to the
Grantor.
That the DISTRICT shall indemnify and hold the Grantor(s) harmless from and against all loss,
expense, damage or claims caused by the sole negligence of the DISTRICT, its employees or
contractors, arising out of the use of the above described property by the DISTRICT, its
employees or contractors, pursuant to this Right of Entry. All claims shall be submitted in
accordance with the requirements of A.R.S. § 12-821 et seq.
THE GRANTOR AGREES:
1, To grant permission for right of entry for the above described land, for a period of twenty-four
(24) months from the commencement of construction, to the DISTRICT for the general welfare
and benefit of the public.
To accept the sum of Ten and No/100 Dollars ($10.00) as payment in full for the right to
enter upon the property described herein and for the purpose of accomplishing “E” and “F”
above.
To hereby covenant that they are lawfully seized and possessed on this aforementioned tract or
parcel of land; that they have a good and lawful right to sell and convey it; and that they will
warrant the title and quiet possession thereto against the lawful claim of all persons, subject to
easements of record.
Page 2 of 6

Parcel No.: 219-24-155
Project No.: 420.04.31
Project Name: Oak Street Basin and Storm Drain
Item No.: F00418-5 (MM)
GRANTOR: Thunder Mountain Improvement Association, an Arizona corporation
Harol Co en, ent
Resa: i
40 lof
Tracy Schofield, Community Manager
STATE OF ARIZONA )
)§
COUNTY OF MARICOPA)
HA
The foregoing instrument was acknowledged before me this day of ypu! ,
2 |
20 , by Harold Cohen its President and Tracy Schofield its Community Manager of
Thunder Mountain Improvement Association, an Arizona corporation on behalf of the corporation.
Quebae hua
( 0 -26- POFA
My Commission Expires
Notary Public (signature}/
MICHELLE Ni OY
Notary Public - State of Arizona
MARICOPA COUNTY
Commission # 552544
Expires October 25, 2022
Notary Stamp Seal
Page 3 of 6

Parcel No.: 219-24-155
Project No.: 420.04.31
Project Name: Oak Street Basin and Storm Drain
Item No.: F00418-5 (MM)
RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
Michael Fulton, Director Date Chairman of the Board
ATTEST:
Michelle Colby, SR/WA Date
Director, Real Estate Department
Clerk of the Board Date
Approved as to form and within the powers and
authority granted to the Board of Directors.
General Counsel Date
Page 4 of 6

Exhibit “A”
Attached to Easement
Parcel No. 219-24-155
Project No. 420.04.31
OAK STREET BASIN AND DRAIN-HERMOSA VISTA
Item No. F00418-DE
LEGAL DESCRIPTION FOR EASEMENT
A parcel of land in the Southwest quarter of Section 33, Township 2 North, Range 7 East of the Gila
and Salt River Base and Meridian, and being more particularly described as follows:
Beginning at the northeasterly corner of Parcel “C” of Thunder Mountain, recorded in Book 285 of
Maps, Page 44, Maricopa County Records;
thence along the easterly line of said property South 00°09'05" East, for a distance of 214.87 feet;
thence departing said easterly line South 89°50'55" West, for a distance of 25.00 feet to the westerly
line of said property, said line also being parallel with and 40.00 feet easterly of the West line of said
Southwest quarter;
thence along said parallel line North 00°09'05" West, for a distance of 190.00 feet;
thence departing said parallel line North 44°59'33" East, for a distance of 35.27 feet to the Point of
Beginning.
The above described parcel contains 5,061 square feet or 0.1162 acres, more or less, and is depicted on
the attached Exhibit “B”.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 02/22/2021 HP__| Chk: | Appr: AWG 2/22/2021
Rev:
Maricopa County Real Estate Department Pa
L
GRANTOR_7/___DATE_'¢/7/2 |
Page 1 of I Page 5 of_ 6

Exhibit B, Attached to Easement
OAK STREET
Not to Scale
P.O.B. 40'
J
rw /
EXIST
| 219-24-019
BEARING | LENGTH
| S00°0905"E | 214.87"
40
S 89°50'55" W 25,00'
| |
N00°09'05" W | 190.00"
|
l N 44°59'33" E 35.27
=|
a |
x
|
O
|
i Thunder Mountain
| 00418-DE
= i MCR 285-44
]
=
S
| 219-24-018 we
5
th
D |
2
>
| F00418
219-24-155
=
Parcel C
EXIST
F00418-DE Area: 5,061 square feet or 0.1162 acres
Total Req'd. Area: 5,061 square feet or 0.1162 acres 1 of
1
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
APN 219-24-155 OAK STREET BASIN AND DRAIN - HERMOSA VISTA
PROJECT No. 420.04.31 ITEM No, F00418-DE DATE 02/22/2021 R/WT.D. Tech HP Page 6 of 6