B. D23412-1.PDF

WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
Exempt ARS 11-1134, A2
( / / uf.
TEMPORARY CONSTRUCTION EASEMENT AND
AGREEMENT FOR HIGHWAY PURPOSES
Parcel No.: 502-83-151A
Project No.: TT0497
Project Name: Olive Avenue
Project Termini: Citrus Road to Cotton Lane
Item No.: D23412-1 (JR)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, NEC Citrus & Olive, L.L.C., an Arizona limited liability company GRANTORS,
for and in consideration of the sum of Four Thousand One Hundred Fifty One and No/100 Dollars
($4,151.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby grant
and convey to MAR1COPA COUNTY, a political subdivision of the State of Arizona, hereinafter
called the GRANTEE, and to its agents, successors and assigns, 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 ATTACHED 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. In all events however, this Temporary Easement shall expire on
December 31, 2019.
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 Number
TT0497.
Maricopa County shall be liable for all property damage to Grantor's property directly attributable to
Maricopa County's negligence in the construction, operation or maintenance regarding work performed for
Project Number TT0497.
That Maricopa County shall indemnify, defend and hold the Grantor(s) harmless from and against all loss,
expense, damage, causes of action, or claims (including, but not limited to, reasonable attorneys' fees and
court costs) caused by the sole negligence of Maricopa County, its employees or contractors, arising out
of the use of the above described property by Maricopa County, its employees or contractors, pursuant to
this Temporary Construction Easement. All claims shall be submitted in accordance with the
requirements of A.R.S. § 12-821, et seq.
Page! of 6

Parcel No.: 502-83-151A
Project No.: TT0497
Project Name: Olive Avenue
Project Termini: Citrus Road to Cotton Lane
Item No.: D23412-1 (JR)
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 Exhibit A for the general welfare and benefit of the
public.
B. To make this Temporary Construction Easement arid Agreement effective upon the
commencement of construction for the duration of one year with the option to extend this
agreement for a reasonable time to complete the work necessary with respect to
construction of the improvement of a public roadway.
C. To pay the Grantor the sum of Four Thousand One Hundred Fifty One and No/100 Dollars
($4,15L00) as payment in full for one year. Additional time, if required will be paid in
monthly increments based on the initial annual rate.
D. That, if in the opinion of the Transportation Director, it becomes necessary, fences and private
structures will be removed and replaced in kind, at no expense to the Grantor, except as
may be herein otherwise agreed. Any ground cover disturbed from its original state will also
be replaced in kind.
E. Maricopa County shall keep the Easement Property and the Grantor's property free and clear
of mechanics', materialmen's and professional service liens and any other liens resulting
from the Work ("Liens") regarding Project Number TT0497. In the event any Liens
attach to the Easement Property or any other property of Grantor, Maricopa County shall
cause such Liens to be removed or bonded over within thirty (30) business days after
Maricopa County receives written notice thereof from Grantor.
F. That no costs relating to construction of Project No. TT0497 will be charged to the Grantor.
Page 2 of 6

Parcel No.: 502-83-151A
Project No.: TT0497
Project Name: Olive Avenue
Project Termini: Citrus Road to Cotton Lane
Item No.: D23412-1 (JR)
THE GRANTORS AGREE:
1. To grant a temporary construction easement for the property described herein Exhibit A to the
County of Maricopa and/or its agents for the general welfare and benefit of the public.
2. To accept this Temporary Construction Easement and Agreement effective upon the
commencement of construction for the duration of one year with the option to extend this
agreement as set forth in "B" above.
3. To accept the sum of Four Thousand One Hundred Fifty One and No/100 Dollars ($4,151.00) as
payment in full for one year. Additional time, if required will be paid in monthly increments
based on the initial annual rate.
4. That the County, or its agents, is hereby granted the right to enter upon the remaining property of
the Grantor, for the purpose of accomplishing "D" above.
Page 3 of 6

Parcel No.: 502-83-151A
Project No.: TT0497
Project Name: Olive Avenue
Project Termini: Citrus Road and Cotton Lane
Item No.: D23412-1 (JR)
Dated this day of, 2018.
NEC Citrus & Olive, L.L.C., an Arizona limited liability company
By: DI-Olive & Citrus, L.L.C., an Arizona limited liability company, Member
By: Car-Del Limited Partnership, an Arizona limited partnership, Member
By: Germann-GFB II, L.L.C., an Arizona limited liability company, its general
partner
By: ,ie: 4-7
Gary D. Davidson, a married man dealing with his sole and separate
property
By: JM-Citrus and Olive, L.L.C., an Arizona limited liability company, Member
By: J.M. Man.4genmnyfrippari7, 1(t\i\cian Arizona corporation, Member
K _n/ i \,
By: fi " / 7 1/
R. Michael McQuaid, President
Page 4 of 6

Parcel No.: 502-83-151A
Project No.: TT0497
Project Name: Olive Avenue
Project Termini: Citrus Road and Cotton Lane
Item No.: D23412-1 (JR)
STATE OF ARIZONA
County of Maricopa
On this 2y'A day of I , 2018, before me
0 LiVt bieL4)c , a Notary Public in and for said State, personally appeared
6a,e;rb ,Detvidsoft , personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that by their
signatures on the instrument, the persons, or the entity upon behalf of which the persons acted,
executed, the instrument.
WITNESS my hand and official seal.
LISA DREWS Notary Pyblic in and for said State:
Notary Public - Arizona
'-te, •?....,j_ '•4iivt. 2,!::',' ' .,41 Expires Maricopa 01115/2022 County My e'orrimission Expires:
STATE OF ARIZONA
County of Maricopa
On this 6,4 day of 4vti , 2018, before me
LISA h (et...15 , a Notary Public in and for said State, personally appeared
Aill iatg'cif loqc Wet/et , personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that by their
signatures on the instrument, the persons, or the entity upon behalf of which the persons acted,
executed, the instrument.
WITNESS my hand and official seal.
Notary public in and for said State:
- LISA RA - DREWS
'I „MaricopaCn Notary Public County - Arizona 22 My -COmmission Expires:
Expires 01
Page 5 of 6

Parcel No.: 502-83-15 IA
Project No.: TT0497
Project Name: Olive Avenue
Project Termini: Citrus Road and Cotton Lane
Item No.: D23412-1 (JR)
RECOMMENDED FOR APPROVAL:
,2
Sear Right:Of-Way Agent Real PropeOY 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 6 of 6

Parcel No. 502-83-151A
Project No. TT497
OLIVE AVENUE
CITRUS ROAD TO COTTON LANE
Item No. D23412-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENTS
A portion of a parcel described in MCR 2015-0428816 lying in the Southwest quarter of Section 26, Township
3 North, Range 2 West of the Gila and Salt River Meridian, Maricopa County, Arizona. Said portion more
particularly described as follows:
COMMENCING at the Southwest corner of the Southwest quarter of said Section 26, from which the South
quarter corner bears South 89°57'33"E, a distance of 2,639.87 feet and from which the West quarter corner
bears North 00°23'37" East, a distance of 2,633.01 feet; thence along the West line of the said Southwest
quarter, North 00'23'37" East a distance of 100.00 feet to a point on the North line of the South 100.00 feet of
said Southwest quarter; thence along said North line, South 89°57'33" East, a distance of 65.00 feet to the
POINT OF BEGINNING; thence continuing, South 89 05733" East, a distance of 599.19 feet to a point on the
East line of said parcel; thence along said East line, South 00°02'27" West, (South 00°02'33" West, Rec.) a
distance of 30.00 feet to a point on the North line of the South 70.00 feet of said Southwest quarter; thence
along last said North line, North 89'57'33" West a distance of 279.41 feet; thence North 00°02'27" East, a
distance of 20.00 feet; thence North 89°57'33" West, a distance of 309.85 feet; thence North 44°46'58" West, a
distance of 14.10 feet to the POINT OF BEGINNING.
The above described parcel contains 11,530 square feet or 0.2647 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 01/22/16 Chk: App!
Rev: 07/25/16 jb; 03/09117 jb EXPIRES 12 / 3112017
Maricopa County Public Works - Real Estate Division
GRANTO DATE '174- o2D—h%53-
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