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WHEN RECORDED RETURN TO: Maricopa County Real Estate Depai ment Exempt ARS 114134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 502-57-006A Project No.: TT0548 Project Name: MC85 Project Termini . (Liberty School to Cotton Lane) Item No.: D23458-1 (KGR) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Dennis H. Koster and Tamara S. Koster, husband and wife as joint tenants with right of survivorship, GRANTORS, for and in consideration of the sum of Two Hundred Thirty Nine and No/I00 Dollars ($239.00) 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 assign, 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 3/27/17 kgr Parcel No.: 502-57-006A Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23458-1 (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 Two Hundred Thirty Nine and No1100 Dollars ($239.00) 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 connneneement of construction for the duration of one year with the option to extend this agreement. 3. To accept the sum of Two Hundred Thirty Nine and No/100 Dollars ($239.00) 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.: 502-57-006A Project No.: 1T0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23458-1 (KGR) 4-22 Dated this day of h'el7ig.7,1 , 20/6-r . Grantors: Dennis H. Koster and Tamara S. Koster, husband and wife as joint tenants with right of survivorship STATE OF ) ss COUNTY OF / 14 The foregoing instrument was acknowledged before me this day of 20 by Dennis H. Koster and Tamara S. Koster. My Commission Expires Notary Stamp Seal Page 3 of 4 Revised 3/27/17 kgr Parcel No.: 502-57-006A Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No,: D23458-I (KGR) RECOMMENDED FOR APPROVAL: P,7trzi.L, ) Right-of- Wa 1 Agent Right of Way Supervisor 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. 502-57-006 A Project No. TT0548 MC 85 - LIBERTY SCHOOL ROAD TO COTTON LANE Item No, D234584 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 1990-0276517, Marieopa County Records, lying within the Northeast Quarter of Section Thirty Four, Township One North, Range Two West of the Gila and Salt River Meridian, and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 34, being an aluminum cap 1.7 feet down, from which the North Quarter corner of said Section 34, a brass cap 1.2 feet down, bears North 89°40 137"West, for a distance of 2645.08 feet; thence along the North line of said Section 34 North 89'40'37" West, for a distance of 787.33 feet to the North right of way line of MC 85 also being the Southeasterly line of said property; thence departing said North section line along said North right of way line South 38051130u West, for a distance of 95.05 feet; thence departing said North right of way line North 89°43'00 West, for a distance of 6.40, feet to the POINT OF BEGINNING; thence North 89043'00" West, for a distance of 6.40 feet; thence South 38°51'30" West, for a distance of 525.61 feet to the West line of said property; thence along said West property line SOuth 00 01920" West, for a distance of 8.03 feet; • thence departing said West property line North 38 051'30" East, for a distance of 535.88 feet to the POINT OF ":EC-INNING. The above described parcel contains 2,654 square feet or 0.0609 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES -9/1/17 j Chic Appr:j 0, Rev: RES-12/20/17 Maricopa Cgunty Public Works -.Real Es ate Division GGRAN RANTTOORR-0 DATE EM-11BIT "A" , / \ / L3 L2 / 1 N.T.S. 34 /,./ . / \ I R2 \S \< ./ .1 • r // N89'40:37"W 2645.08' I / SEC LN (787.33' D23458-1 A i. Dennis H. & Tamara ( _,. S. Koster 4V:I . 502-57-006A Aft TCE i . ‘v409' „ , , / / / / i L5 1 1 'N t 1 / \ 7- o/ o u N. -4, / o / . /..-- o ' -51,1 . <12 „A* , \-- NO. BEARING LENGTH Li 8 38°51'30" W 95.05' -V L2 N 89°43'00" W 6.40' G.- ?(/ / / L3 N 89°43'00" W 6.40' / / L4 S 38°51'30" W 525.61' L5 S 00 0 19 120" W 8.03' L6 N 38°51'30" E 535.88' D23458-1 Temporary Construction Easement: . 2,654 square feet or 0.0609 acres . . MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 7 Liberty School Road to Cotton Lane PROJECT No TT0548 ITEM No. D234584 DATE 12-20-17 M.C,D.0,1. R/W Tech: Agent: RES K.R.