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Maricopa County Real Estate Department EXEMPT ARS 114134, A2 C. : 3 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 501-06-008B (portion of) Project No.: TT0561 Olive Avenue (SR 303 to Sadval 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 Forty Thousand Six Hundred Seventy Five and no/100 Dollars ($40,675.00) 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 Temporary 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 Marieopa 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 further 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.: 501-06-008B (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 puToses 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 Basement shall run with the land and shall be binding upon the parties. D. This easement shalt he in effect for a period no longer than one year from the start of construction activities and no later than April 5,2020. Page 2 of 4 Parcel No.: 501-06-008B (portion of) Project No.: TT0561 Olive Avenue (SR 303 to Sarival Avenue) Item No.: D23443-I [JR] Dated this di day of , 2018. Suburban Land Reserve, Inc., a Utah corporation Its: ;iv tiAL4- STATE OF ) ) SS COUNTY OF 5•0111. L4 1C-C.) The foregoing instrument was acknowledged before me this Li day of MAy 2018, by Suburban Land Reserve, Inc., a Utah corporation My Commission Expires >0 2.4 MARILYN F. NIELSON ‘, NOTARY PuBLIC - STATE OF UTAH My Comm. Exp. 06/09/2021 Commission # 696362 Notary Stamp Seal Page 3 of 4 Parcel No.: 501-06-008B (portion of) Project No.: TT0561 Olive Avenue (SR 303 to Sarival Avenue) Item No.: D23443-1 [JR] RECOMMENDED FOR APPROVAL: Orr Senior ight- Way Agent Real Pro/pc/Ay Manager 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 Deputy County Attorney Date Page 4 of 4 Pared No. 501-06-008B Project No. TT56I OLIVE AVENUE SR 303 TO SARIVAL AVENUE Item M. D23443-1 ENRIBIT "A" LEGAL 'DESCRIPTION FOR TEMPORARY CONSTRUCTION EA.SERENT Southeast quarter of Section 25, Tornslaip 3 North, Range 2 West of the Gila. and Salt A portion of the Maricepa County, Arizona, being more particularly described as follows: River Base andlVferidian, COMMENCING at a Marieopa Coinity aluminum cap marking the Southeast corner .of Section bears 25, from which a Ivlaricopa County brass cap in a handhole marks the East quarter corner along Of said the Section, Easterly Section North 00 016'04" East a distance of 2638,83 feet; thence North 00 016104" said Section East line North. 8943 156" line of said Section 25, a distance of 1913,84 feet; Westerly thence right departing of way of Saliva Avenue also being the West, a distance of 33.00 feet to a point on 00 the 01604" West along said right of way, a distance of 150,00 POINT OF BEGINNING; said tight thence of way South North 89 043 156" West, a distance 0'44.00 feet; thence South feet; thence departing distance of 862,08 feet; thence North 89 04356" West, a. distance of 40.00 feet; theme . 00°16'04" West, a West, a distance of 183.20 feet; thence North 89°43 156" West, a distance of 43.00 feet; South 00°16'04" South 00°16'04" West, a distance of 565,38 feet; thence North 90 000100" West, a distance line of ofthat 483.06 thence feet; thence South 00°00'00" West, a distance of 17.78 feet to a point en'the Northerly certain property described in Book 215 of Deeds Page 122 on the IVIatieopa line, a distance County Recorder's of 120.03 feet; theme Office; thence North 89°43'14" West along said 016 Northerly 104" East, property a distance of 50.00 feet; thence South departing saidNortherly property 55,00 line feet; North thence 00 North 00°16'04" East, a distance of 165.00 feet; thouce 89%3'21" East, a East, distance a distance of of 508.00 feet; thence North 00°1604" East, a distance of 1565.79 South 89°43'14" South 89 043 156" East, a distance of 167,00 feet to a point on the Westerly right of way of feet; Snivel thence Avenue and the POINT OF BEGINNING, The above described parcel contains 272,524 square that or 6.2563 acres, more or less. Cked by BP 06March 2018 Tap 1 of 1 MAR ICOPA COUNTY DEPARTMENT OFTRANSPoRTATION Prelim: 8/18/2017 TL Chic APPr;i,V -(13:1911 Rev: Wrieopa County Public Works - Real .Estate Division J GRANTOR, / DATE S741/1 g EXHIBIT ".6.1' P'013 wi NO. DEARINO LENGTH I.,1 N 89°43'56" W 33:06' L2 8 0016'04" W 150.00' 111 1 1.3 N 89°43 156" W 44.00' L4 S 00°16'04" W 662.08' L6 N 89°43'66" W 40.001 L6 S 0016'04" W 183,20' L7 N 89°43 166"W 43.00, L8 S 00°16'04" W 565.38' (DJ SUBURBANIAND RESERVE INC, L9 S 90°00'00" W 483,061 Li S 00°00 100"W 17,78' 501-41-004A Li 1 N 89°43'14" W 120,03' L12 N 00016104" E 50,00' L13 S 89°43'21" E 55.00' L14 N 00016 104" E 165,00' L15 S 89448'14" E 508.00' L16 N 00 016'04" E .1566.79' L17 89°43'56" E 167,00' D23443 SUBURBAN LAND RESERVE INC, 501-06-008B TEMPORARY CONSTRUCTION EASEMENT L5 MATCHLINE (SEE SHEET 1) (SHEET 2 of 2). MARICOPA COUNTY OLIVE AVE - SR 303 TO SARI VAL AVENUE PROJECT No. 1T561 ITEM No, D234434 I DATE 00/22/2017 1 MAR1COPA COUNTY I R/W AGENT RS. MATCHL1NF (SEE SHEET 2) a T. S. J MyPpRA,RY CONSTRUCTION EASEMENT D23443 SUBURBAN LAND RESERVE INC. 601-06-008B. r- c,4 LI AT & SF - 501-06-010 EXIST RNI/ 889°43941E 2632.261 OLIVE AVENUE SEC LN rvi(v c 3 11/ S)- (SHEET I of 2) Tot01 Reg V. IDE Area: 272,524 aquae feet or 6.2663 acres MARICOPA COUNTY -OLIVE AVE SR 303 TO SARIVAL AVENUE PROJE•OT No. TT561 ITEM No. D23443-I DATE 08/2212017 MAR1COPA COUNTY