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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.: 502-55-028A Project No.: TT0548 Project Name: MC85 Project Tellnini: (Liberty School to Cotton Lane) Item No.: D23450-1 (JRW) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Liberty Elementary School District No. 25, GRANTOR, for and in consideration of the sum of One Hundred and No/100 Dollars ($100.00) 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 4 Revised 3/27117 kgr Parcel No.: 502-55-028A Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23450-1 (JRW) 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 Hundred and No/100 Dollars ($100.00) 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 2. To accept this Temporary Constniction 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 Hundred and No/100 Dollars ($100.00) 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.: 502-55-028A Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23450- l (TRW) Dated this day of , 20 Grantor: Liberty Elementary School District No. 25 STATE OE Aa: it)e. e•-• ) SS COUNTY OF ihet:c-op The foregoing instrument was acknowledged before me this day of 20 , by M 41(4 its (Name of Officer Liberty Elementary School District No. 25. My Commission Expires 202.0 N9fary Public (signature) JADE RYAN WILLIAMS Notary MAR1COPA Public - Slate COUNT( of Arizona My Commission Expires Sept 18.2020 Notary Stamp Seal Page 3 of 4 Revised 3/27/17 kgr Parcel No.: 502-55-028A Project No.: TT0548 Project Name: MC85 Project Teimini: (Liberty School to Cotton Lane) Item No.: D23450-1. (TRW) RECOMMENDED FOR APPROVAL: ht-of-Way Agent ACCEPTED: MAR IC OPA 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. 502-55-028 A Project No. TT0548 MC 85 - LIBERTY SCHOOL ROAD TO COTTON LANE Item No. 023450-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2009-0231127, Maricopa County Records, lying within the Southeast Quarter of Section Thirty Two, Township One North, Range Two West of the Gila and Salt River Meridian, and being more particularly described as follows: COMMENCING at the Northwest corner of Section Five, Township One North, Range Two West, being a brass cap in a handhole, from which the Southeast corner of said Section 32, a brass cap, bears South 8904620" East, a distance of 2310.92 feet; thence along the South line of said Section 32 South 89°4620" East, a distance of 90.84 feet; thence departing said South section line North 00°13'40" East, a distance of 33.00 feet to a point on the South line of said property, also being the North right of way line of MC 85 and the POINT OF BEGINNING; thence along said South property line South 89°4620" East, a distance of 40.00 feet; thence departing said South property line North 00°1340" East,' a distance of 10.00 feet; thence North 89 04620" West, a distance of 40.00 feet; thence South 00°1340" West, a distance of 10.00 feet to the POINT OF BEGINNING. The above described parcel contains 400 square feet or 0.0092 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES - 9/1/17 Chk: Appr:L ciqq-,20 7 Rev: Maricopa County Public Works - Real Estate Division t D23450 School Dist. 25 502-55-028A N.T.S. TCE r. L4 co —1 EXIST R/W S89°46'20"E MC 85 TWP LAI & CONST EXIST R/W "E NO. BEARING LENGTH N00°40'61 L1 N 000 13 140" E 33.00' L2 S 89°46'20" E 40.00' -.- L3 N 00013 140" E 10.00' , L4 N 8904620" W 40.00' L5 S 00°13'40" W 10.00' D23450-1 Temporary Construction Easement: 400 square feet or 0.0092 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane PROJECT No. T10548 ITEM No, D23450-1 DATE 9-7-17 M.C,D.O,T, R/W Tech: Agent: RES K.R.