C. D23443-1_008B.PDF

Maricopa County — Formal (2018-05-23)

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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