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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.: 502-57-010H Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23455-1 (KGR) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Boyd Properties LLC, an Arizona limited liability company, GRANTOR, for and in consideration of the sum of One Hundred Twenty Six and No/100 Dollars ($126.00) 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 170548, 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.: 502-57-010H Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23455-1 (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 Hundred Twenty Six and No/100 Dollars ($126.00) 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 Hundred Twenty Six and No/100 Dollars ($126.00) 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.: 502-57-010H Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23455-1 (KGR) Dated this . 1 rl day of filta,k-1 , 20V . Grantor: Boyd Properties LLC, an Arizona limited liability company E .-• BY: jct ITS: AA ervuber STATE OF Ae..(z0n61. ) ss COUNTY OF 1140 rico ock_ 41/ The foregoing instrument was acknowledged before me this 17 day of 3-20 20 , by cty-vv-,s A its (Name of Officer) (Title) Boyd Properties LLC, an Arizona limited liability company, on behalf of the company. Ccirtirmn. Notary Stamp Seal Page 3 of 4 Revised 3/27117 kgr Parcel No.: 502-57-010H Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23455-1 (KGR) RECOMMENDED FOR APPROVAL: ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By: Chaimian of the Board ATTEST: Date Cleric of the Board of Supervisors Approved as to form and within the powers anti authority of the Board of Supervisors Deputy County Attorney Date Page 4 of 4 Revised 3/27/17 kgr Parcel No. 502-57-010 II Project No. TT0548 MC 85 - LIBERTY SCHOOL ROAD TO COTTON LANE Item No. 1234554 E3CHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2012-0705960, Maricopa County Records, lying within the Southwest 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 North Quarter corner of Section Four, Township One South, Range Two _ West, being an aluminum cap, from which the South quarter corner of said Section 34, an aluminum cap, bears South 89 033 159" East, a distance of 2329.57 feet; thence along South line of said Section 34 South 89°33'59" East, a distance of 13.02 feet; thence departing said South section line North 00 026 101" East, a distance of 241.99 feet to the South line of said property, also being the North right of way line of MC 85; thence departing said South property line North 29'4921" West, a distance of 10.00 feet to the beginning of a non-tangent curve, said point also being the POINT OF BEGINNING; thence northeasterly along the arc of said curve, the center of which bears North 29°4925" West, a distance of 1372.50 feet, through a central angle of 02 03457, for an arc distance of 61.86 feet to the beginning of a non-tangent line; thence North 31 05537" West, a distance of 10.00 feet; thence South 5852 155" West, a distance of 61.43 feet; thence South 29°2T57" East, a distance of 10.00 feet to the POINT OF BEGINNING. The above described parcel contains 631 square feet or 0.0145 Acres more or less. Page 1 of 1 MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: F1ES - 9/1/17 Chk: APPr: I V q-10 ,307 Rev: Maricopa County Public Works - Real Estate Division GRANTOR ')(e--7' DATE iiT'Ai-J cr EXHIBIT "A" NO, RADIUS DELTA LENGTH TANGENT C1 1372.50' 02°34'57" 61.86' 30.94' NO. BEARING LENGTH RBI N 29°4925" W 1372.50' N T 5 . '9,p<tp Z/TCE L6 I POB -oNS Li EXIST RAN TWP LAI 159. 8-67----1-5741.97 S89 °33'59"E 2329.57' S89°01 '13"E S89°40'49"E NO. BEARING LENGTH LI S 89°33'59" E 13.02' L2 N 00°26'01" E 241.99' L3 N 29°49'21" W 10.00' •L4 N 31°55'37" W 10.00' L5 S 58°52'55" W 61A3' L6 S 29°27'57" E 10.00' D23455-1 Temporary Construction Easement: 631 square feet or 0.0145 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane R/W Agent: K.R. PROJECT No. 110548 ITEM No. D23455-1 DATE 9-7-17 M.C.D.O.T, Tech; RES