Extracted text (via pymupdf_layout)
7641 characters
WHEN RECORDED RETURN TO: Maricopa County Real Estate Department (TD) Exempt ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 504-18-002A Project No.: TT0338 Project Name: Miller Road Improvements Project Termini: (1-10 to 1 Mile North) Item No.: D23419-1 (TD) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, 40th & Earl, LLC, an Arizona limited liability company, GRANTOR(S), for and in consideration of the sum of Six Hundred and Forty Five and No/100 Dollars ($645.00) 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, 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. 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 TT0338. That Maricopa County shall indemnify and hold the Grantor(s) harmless from and against all loss, expense, damage or claims 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 1 of 4 Revised 3/27/17 kgr Parcel No.: 504-18-002A Project No.: TT0338 Project Name: Miller Road Improvements Project Termini: (I-10 to 1 Mile North) Item No.: D23419-1 (TD) 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 and agreement effective upon the commencement of construction for the duration of one year with the option to extend this agreement. C. To pay the Grantor the sum of Six Hundred and Forty Five and No/100 Dollars ($645.00) 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. That no costs relating to construction of Project No. TT0338 will be charged to the Grantor. THE GRANTORS AGREE: 1. To grant a temporary construction easement for the property described herein Exhibit "A" to the County of Marieopa 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. 3. To accept the sum of Six Hundred and Forty Five and No/100 Dollars ($645.00) 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 2 of 4 Revised 3/27/17 kgr Parcel No.: 504-18-002A Project No.: TT0338 Project Name: Miller Road Improvements Project Termini: (I-10 to 1 Mile North) Item No.: D23419-1 (TD) Dated this 7day 41- of Pi OA el , 201Y. GRANTOR: 40th & Earl, LI,C, an Arizonaliinited liability company By: (Signature) Its: 6-14 tg (Title) STATE OF )ss. COUNTY OF 1.40/14-41241— The foregoing instrument was acknowledged before me this 7 day of 2011 , by its 40th & Earl, LLC, an Arizona limited liability company, on behalf of the company. My Commission Expires Notary Public (signature ENIMALEE QUINN Note" Pubrio - State of AfIZONA MAR1COPA COUNTY My December Commission 9, Expires 2018 Notary Stamp Seal Page 3 of 4 Revised 3/27117 kgr Parcel No.: 504-18-002A Project No.: TT0338 Project Name: Miller Road Improvements Project Tatmini: (1-10 to 1 Mile North) Item No.: D23419-1 (TD) RECOMMENDED FOR APPROVAL: IC\ d L.C) Right-o - Way Agent 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 Revised 3/27/17 kgr Parcel No. 504148-002.1, 002K, 002L Project No. TT0338 MILLER RD 140 TO NATIONAL GUARD BASE Item No 023419-I EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of those certain properties described in Document 2017-0874641, Document 2017-0874642, and Document 2017-0874643, Records of the Recorder, Maricopa County, lying within the Northeast Quarter of Section 7, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: Commencing at the Northeast corner of said Section 7, being a brass cap flush, from which the north Quarter corner of said Section 7, an APS brass cap, bears South 89°21'57" West, for a distance of 2709,70' feet; thence along the west line of said Section South 01 00102" West, for a distance of 2072.57 feet; thence departing said Section line North 88°58'58" West, for a distance of 40.00 feet to the west right of way line of Miller Road and the Point of Beginning; thence continuing North 88 058 158" West, for a distance of 25.24 feet; thence North 00'53'39" East, for a distance of 245.00 feet; thence North 89°06'21" West, for a distance of 26,00 feet; thence North 00 05339" East, for a distance of 35.00 feet; thence South 89°06'21" East, for a distance of 26.00 feet; thence North 0005339" East, for a distance of 20.00 feet; thence South 89'06'21" East, for a distance of 25.88 feet to said west right of way line; thence along said right of way line South 01°01'02" West, for a distance of 300,05 feet to the Point of Beginning. Said parcel Contains an area of 8,578 square feet or 0.1969 acres, more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: Ch k: APPr:(V 65-6t-2olv Rev: Maricopa County Public Works - Real Estate Department GRANTOR R17 DATE 3/19/2018 EXHIBIT "A" Page 1 of 1 S89°21'57"W 2709.70' VAN BUREN ST SEC LN See Detail this Sheet Not to ScaIe D23419 40th & Earl , LCC 504-18-002L / 504-18-010Z DETAIL D23419 40th & Earl , LCC D23419 POB 504-18-002J 40th & Earl , LCC 504-18-002K NO. BEARFNG LENGTH L1 S 00001'02'W 2072.57' L2 N 8805858" W 40.00' L3 N 88°58'58" W 25.24' L4 N 00 053 139" E 245.00' L5 N 89°06'21" W 26.00' L6 N 00°53'39" E 35.00' L7 S 89°06'21" E 26.00' L8 N 00°53'39" E 20.00' L9 S 89°06'21" E 25.88' L10 S 01°01'02" W 300.05' Total Req`cl. T.C.E. Area: 8,578 square feet or 0.1969 acres MARICOPA COUNTY MILLER RD 1-10 TO NATIONAL GUARD BASE PROJECT No. TT0338 ITEM No. D23419-1 DATE 03/01/2018 MARICOPA COUNTY R/W AGENT T.D.