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WHEN RECORDED RETURN TO: Maricopa County Real Estate Department Exempt ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 400-09-010C Project No.: TT0548 Project Name: MC85 Project Termini . (Liberty School to Cotton Lane) Item No.: D23447-1 (KGR) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Darrel L. Kuiper and Diane J. Kuiper, Co-Trustees of the Kuiper Family Trust UTA dated September 14, 1998 and HK Legacy, LLC, an Arizona limited liability company, GRANTOR(S), for and in consideration of the sum of One Thousand Eight Hundred Twenty Five and No/100 Dollars ($1,825.00) 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 TT0548. 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 6 Revised 3/27/17 kgr Parcel No.: 400-09-010C Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23447-1 (KGR) 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 One Thousand Eight Hundred Twenty Five and No/100 Dollars ($1,825.00) 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. TT0548 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 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. 3. To accept the sum of One Thousand Eight Hundred Twenty Five and No/100 Dollars ($1,825.00) 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 5 Revised 3/27/17 kgr Parcel No.: 400-09-010C Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23447-1 (KGR) Dated this /.5:ti- day of --e4017/9 , 2019 . Grantor(s): HK Legacy, LLC, an Arizona limited liability company STATE OF ArN:Zer net-. ) ss COUNTY OF Max c °ea- The foregoing instrument was acknowledged before me this 5 day of r4,, 2O8 , by its „70,,,79ior of (Tit10 HK Legacy, LLC, an _Arizona limited liability company, on behalf of the company. My Commission Expires Seri. LB 2 4)2t? JADE RYAN WILLIAMS Notary MARICOPA Public - State COUNTY of Arizona My Commission &Tao Sept. le, 2020 Notary Stamp Seal Page 4 of Revised 3/27/17 kgr Parcel No.: 400-09-010C Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23447-1 (KGR) Dated this //5/ day of , 20 AY Grantor(s): Darrel L. Kuiper and Diane J. Kuiper, Co-Trustees of the Kuiper Family Trust dated September 14, 1998 STATE OF Zorwa. ) ss COUNTY OF Mae: (...afr.,— The foregoing instrument was acknowledged before me this 1 6" day of re,b 20 , by Darrel L. Kuiper and Diane J. Kuiper , as Co-Trustees of the Kuiper Family Trust dated September 14, 1998 My Commission Expires Sept. 8i 2010 btary Public (signature) JADE RYAN WILLIAMS Rotary MARICOPA Public - State COUNTY et Arizona P•ty Commission Expires Sept 18, 2020 Notary Stamp Seal Page 3 of 5 Revised 3/27/17 kgr Parcel No.: 400-09-010C Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23447-1 (KGR) RECOMMENDED FOR APPROVAL: ht-of-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 5 of 5 Revised 3/27/17 kgr Parcel No. 400-09-010 C Project No. TT0548 MC 85- LIBERTY SCHOOL ROAD TO COTTON LANE Item No. 023447-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2013-0418373, Maricopa County Records, lying within the Northeast Quarter of Section Six, Township One South, Range Two West of the Gila and Salt River Meridian, and being more particularly described as follows: COMMENCING at the Northeast Quarter corner of said Section 6, being a brass cap in a handhole, from which the East corner of said Section 6, an aluminum cap, bears South 00°4051" West, a distance of 2651.79 feet; thence along the East line of said Section 6 South 00°40'51" West, a distance of 78.27 feet; thence departing said East section line North 89 01909" West, a distance of 33.00 feet to the East line of said property, also being the West right of way line of 203r d Avenue and the POINT OF BEGINNING; thence along said East property line North 00°40'51" East, a distance of 20.00 feet; thence departing said East property line North 89°47'16" West, a distance of 128.23 feet; thence North 89 04434" West, a distance of 167.28 feet; thence North 89°43'47" West, a distance of 877.23 feet; thence North 74°1220" West, a distance of 93.41 feet to the North line of said property; thence along said North property line North 89°4347" West, a distance of 9.84 feet to the Northwest corner of said property; thence along the West line of said property South 01 00844" West, a distance of 45.01 feet; thence departing said West property line South 89°4347" East, a distance of 977.76 feet; thence South 89°4434" East, a distance of 167.29 feet; thence South 89°47'16" East, a distance of 128.08 feet to the POINT OF BEGINNING. The above described parcel contains 26,836 square feet Of 0.6161 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION RES - 9/1/17 Chk: Appr: 0:1 -20 -2o Rev: Maricopa County Public Works - Real Estate Division GRANTOR ••91e. DATE EXHIBIT "A" EXIST RNV II 2651.79' L11 L2: -1 POB —\1 1 I co I . I 0 , NO. BEARING LENGTH Li N 89°19'09" W 33.00' L2 N 00°40'51" E 20.00' L3 N 89°47'16" W 128.23' 023447 L4 N 89°44'34" W 167.28' E KUIPER FAMILY L5 N 89°43'47" W 877.23' 89°43'47" TRUST & L6 N 74°12'20" W 93.41' HK LEGACY LLC L7 N 89°43'47" W 9.84' S 400-09-010C L8 S 01°08'44" W 45.01' L9 S 89°44'34" E 167.29' L10 S 89°47'16" E 128.08' L11 S 00°40'51" W 78.27' L12 S 89°47'16" E 161.67' L13 S 89°44'34" E 167.26' D23447-1 Temporary Construction Easement: 26,836 square feet or 0,6161 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane R/W Agent: K.R. PROJECT No. TT0548 ITEM No. D23447-1 DATE 9-7-17 M.C,D.O,T. Tech: RES