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Marieopa County Real Estate Department EXEMPT ARS 11-1134, A2 Je, TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 501-41-008A (portion of) Project No.: TT0561 Olive Avenue (SR 303 to Sarival Avenue) Item No.: D23443-1 [JR] KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Suburban Land Reserve, Inc., a Utah corporation, GRANTOR, for and in consideration of the sum of Two Thousand Nine Hundred Fifty and no/100 Dollars ($2,950.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby grant and convey to MARICOPA COUNTY, a political subdivision of the State of Arizona, its successors, and assigns, GRANTEE, a Temporal) , Easement on, over, under and across the ground embraced within a parcel of land situated in the County of Maricopa, State of Arizona, and described as follows: SEE EXHIBIT "A" FOR LEGAL DESCRIPTION That said Temporary Easement is granted for use of the above described property during the construction of the improvement of a public highway. That the undersigned shall not incur any expense as a result of the use of the above described property by Maricopa County, and that the property shall be used during the period of construction of: Project TT0561 Olive Avenue (SR 303 to Sarival Avenue) That Maricopa County shall hold the Grantors harmless in case of any accident arising on and during the use of the above described property until the completion of the aforementioned project, 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 farther consideration paid than herein specified. THE COUNTY OF MARICOPA AGREES: A, To use the property described herein for the general welfare and benefit of the public. Page 1 of 4 Parcel No.: 501-41-008A (portion of) Project No.: TT0561 Olive Avenue (SR 303 to Sarival Avenue) Item No.: D23443-1 [JR] B. To the extent permitted by law, GRANTEE agrees to indemnify GRANTOR, from and against loss, expense, damage, or claim of any nature whatsoever which is caused by any activity, condition, or event arising out of the non-performance by GRANTEE of any of its obligations under the provisions of the Agreement. GRANTOR shall in all instances be indemnified against liability, losses, and damages of any nature for or on account of injuries to or death of persons or damages to or destruction of property arising out of GRANTEE'S performance or non-performance of this Easement, except such injury or damages as shall have been occasioned by the sole or joint negligence of GRANTOR. The above cost of damages incurred by GRANTOR shall include, in the event of action, court costs, expenses for litigation, and reasonable attorney's fees. C. GRANTEE shall have the right to authorize, permit, and license the use of the Property for utilities or other public purposes not inconsistent with its use as a temporary construction easement and right-of-entry as determined by GRANTEE. D. GRANTEE agrees to leave the grade of the land within the temporary construction easement area in as near the same condition that it is now. The parties understand that the resulting construction work will not leave the land in exactly the same condition. THE GRANTORS AGREE: A. To grant a temporary construction easement for the property described herein to the County of Maricopa and/or its agents for the general welfare and benefit of the public, B. GRANTOR hereby covenants that he is granting this Temporary Construction Easement and Agreement only to the extent of any interest he may have in the Property. C. This Easement shall run with the land and shall be binding upon the parties. • D. This easement shall be in effect for a period no longer than one year from the start of construction activities and no later than April 5, 2020. /// /// /// /// /// /// /1/ HI Page 2 of 4 Parcel No,: 501-41-008A (portion of) Project No.: TT0561 Olive Avenue (SR 303 to Sarival Avenue) Item Not: D23443-I p.m Dated this day of MI , 2018, Suburban Land Reserve, Inc., a Utah corporation By: Its: PP-ES 1/4/17) STATE OF 14 ) ) 5 8 COUNTY OF The foregoing instrument was acknowledged before me this 4 day of M 2018, by Suburban Land Reserve, Inc., a -Utah corporation gArkoxi My Commission Expires Notar9 1*ttb1i (signature MARILYN F. NIELSON NOTARY PUBLIC. STATE OF UTAH My Comm. Exp. 08/09/2021 Commission # 696362 Notary Stamp Seal Page 3 of 4 Parcel No.: 501-41-008A (portion ot) Project No.: TT0561 Olive Avenue (SR 303 to Sarival Avenue) Item No.: D23443-1 [JR] RECOMMENDED FOR APPROVAL: ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By Chairman of the Board ATTEST: Date Clerk of the Beard of Supervisors Approved as to form and within the powers and authority of the Board of Supervisors Deputy County Attorney Date Page 4 of 4 1Pareel No, 501 ,-.41.008A Project No, 17561 OLIVE AVENUE SR 303 TO SARIVAL AVENUE Rem No. D234434 EXHIBIT "AP LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion oft° Southwest quarter of the Southwest quarter of Section 30, Township 3 North, particularly Range 1 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more described as follows: COMMENCING- at a lvfaricopa County aluminum cap marking the Southwest Corner of Section 30, 'from which a Ivlaricapa County brass cap in a handhole marks the West quarter corner of said Westerly Section, bears Section North 00°1004" East, a distance of 2638,83 feet; thence North 00°16'04" Section East al.ong line South the 89 002'09" East, line of said Section 30, a distance of 133.01 feet; thence right away departing of Sarival said Avenue also being the POINT a distance of 33.00 feet to a paint on 016'04" the Easterly East along said right of way, a distance of 1066.50 feet • - OF BP.',GINNING; said thence right of North way 00 South 89°43 150 East, a distance of 20.00 feet; thence South 00°1604" West, thence a departing distance of 1066.74 feet to a_ point on the Northerly line of that certain property deSeribed in along Book 215 of Deeds Page 122 on the lvfaricopa. County Recorder's Office; thence right of North way of 89°02'09" Sarival Avenue West also said Northerly line, a distance of 20,00 feet to apoirit on the Easterly being the POINT OF BEGMNING, The above described parcel contains 21,332 square feet or 0,4897 acres, more or less. Cked by JIB 06 March 2018 Page 1 of MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prellrn: 8/21/2017 TI- Chic App_IAALLE017,201 ' Rev: Marlco a County Public Works Raci state Division GRANTORA4., DATE 5/4// NXHIBIT "A" MATCHLINE (SEE SHEET 2) 38' POD / / f / -;LB NO. BEARING LENGTH MTS. Li S 89°0200" E 33.001 L2 N 00018104" E 1068.60' TEMPORARY CONSTRUCTION L3 S 89043156" E 20.00' EASEMENT L4 S 00°16'04" W 1086.74 1 L5 N 89002'00" W 20.00' 1 02344. SUBUREAN LAND RESERVE INC. c‘i 501-41-008A I-U SUBURBAN LAND RESERVE INC. CO 501.06-0081 1 0 c() See Detail A AT & SF AT & SF 01-06-010 C45 501.41-007 EXIST R/W OLRE AVENUE E N SEC LN SEC LN (SHEET 1 of 2) Total Req'tl. TCE At-ow 21,332 square feet or 0.4897 acres MARICOPA COUNTY OLIVE AVE - SR 303 TO SARIVAL AVENUE PROJECT Na. TT661 ITEM No, D234434 DATE 08/24/2017 MARICOPA COUNTY RNV AGENT RS, iii L3 D23443 I SUBURBAN LAND RESERVE INC, 501-41-008A TEMPORARY CONSTRUCTION EAsEMENT SUBURBAN LAND RESERVE 1NG, , 501-06-008B 33 MATCF€L1NE (SEE SHEET 1) (SHEET 2 of 2) Total Reqrcl. TCE Area: 21;382 square foot or 0.4897 acres MARICOPA COUNTY OLIVE AVE - SR 305 TO SARI VAL AVENUE PROJECT No. 'IT5OEIML D23/ TE 08/241M7 MAR1COPA COUNTY NM! AGENT RS,