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WHEN RECORDED RETURN TO: Maticopa County Real Estate Department Exempt ARS 11-1134, A2 / TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 142-75-002D, 501-99-004E Project No.: TT0347 Project Name: Northern Parkway II C17-0960 Project Termini: (Dysart Road to 111 th Avenue) Item No.: D22516-1 (KGR) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, The City of Glendale, a municipal corporation, GRANTOR(S), for and in consideration of the sum of Two Thousand One Hundred Forty-Two and No/100 Dollars ($2,142.00) 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 Matieopa County, and that the property shall be used during the period of construction of Project Number '170347. 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 I. of 4 Revised 3/27/17 kg-E Parcel No.: 142-75-002D, 501-99-004E Project No.: TT0347 Project Name: Northern Parkway II Project Termini: (Dysart Road to 111 th Avenue) Item No.: D22516-1 (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 upon mutual agreement of the parties. C. To pay the Grantor the sum of Two Thousand One Hundred Forty -Two and No/100 Dollars ($2,142.00) 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. Maricopa County to install temporary fencing as needed to maintain security of the remaining property. Current wall to be replaced with a CMTJ wall per project construction plans. Any ground cover disturbed from its original state will also be replaced in kind. E. That no costs relating to construction of Project No. TT0347 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 upon mutual agreement of the parties. 3. To accept the sum of Two Thousand One Hundred Forty -Two and No/100 Dollars ($2,142.00) 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,: 142-75-002D, 501-99-004E Project No.: TT0347 Project Name: Northern Parkway II Project Termini: (Dysart Road to 111 th Avenue) Item No.: D22516-1 (KGR) Dated this a ti day of acivilA-r ,20 17 . GRANTOR: The City of Glendale, a municipal corporation, Its: 61 Enj (title) STATE OF ARIZONA Approved as to form ) ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this azi day ofcr2C , 20 0 , by 60,...tyle)( /:), A-ce..). --d , Its ci.,k, einq i intf- - of (Name of officer or agent) (Title of officers? agent) The City of Glendale a municipal corporation on behalf of the corporation. My Commission Expires —7 C_X2-0 otary Public (signature) KATHERINE A MITCHELL Notary Public - Arizona Maricopa County My Comm. Expires Jun 25, 2020 0.4ormars.earwwisionswomiswwwwwwrib Notary Stamp Seal Parcel No.: 142-75-002D Page 3 of 4 Revised 3/27/17 kgr Parcel No.: 142-75-002D, 501-99-004E Project No,: TT0347 Project Name: Northern Parkway II Project Termini: (Dysart Road to 111 th Avenue) Item No.: D22516-1 (KGR) RECOMMENDED FOR APPROVAL: Real-Property Branch-Methager, X0`117f ,erif 1y sufervLse) - 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 501-99-004E NORTHERN AVENUE Project No. TT347 Item No. D22516-14 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of a parcel described in document 1991- 0475093 lying within the Northeast quarter of Section 1, Township 2 North, Range 1 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows; Commencing at a found 3" MCDOT Brass cap in handhole marking the Northeast corner of said Section 1 from which a found 2" MCDOT Aluminum cap marking the North quarter corner of said Section bears North 89°0600" West, a distance of 2655.35 feet and from which a found 2" MCDOT Aluminum cap marking the East quarter corner of said Section bears South 00 00955" West, a distance of 2613.16 feet; thence South 00 00955" West along the Township line between Section 1, Township 2 North, Range 1 West and Section 6, Township 2 North, Range 1 East, a distance of 50.00 feet to a point on the Southerly Right of Way line of Northern Avenue being the Point of Beginning; thence South 00 009'55" West along said Township line, a distance of 15.00 feet; thence North 89'06'00" West, a distance of 1327.53 feet to a point on said Southerly Right of Way line; thence North 00'54'00" East along said Right of Way line, a distance of 15.00 feet; thence South 89°06'01" East along said Right of Way line, a distance of 1327.34 feet to the Point of Beginning. The above described parcel contains 19,912 square feet or 0.4571 acres, more or less. 46°1,4000c LaA# 4t2) Q MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 8/18/2017 KH I Chk: Appr: Rev: Maricopa County Public Works - Real Estate Division GRANTOR DATE .EXHEBIT "A" Page 1 of I 142-75-002D NORTHERN AVENUE Project No. TT347 Item No. D22516-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of a parcel described in Docket 12573 Pg 445 lying within the Northwest quarter of Section 6, Township 2 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: Commencing at a found 3" MCDOT Brass cap flush marking the North quarter corner of said Section 6 from which a found 3" MCDOT brass cap in handhole being the Northwest corner of said Section 6 bears South 89°26'00" West, a distance of 2597.64 feet and from which a found iron pipe being the Center of said Section bears South 00°19'56" West, a distance of 2638.18 feet; thence South 00°19'56" West along the North-South Mid-Section line of said Section 6, a distance of 50.01 feet to a point on the Southerly Right of Way line of Northern Avenue; thence South 89°2600" West departing said Mid-Section line, a distance of 181.77 feet to the Point of Beginning; thence South 00°19'56" West, a distance of 80.01 feet; thence South 89°26'00 West, a distance of 33.25 feet; thence North 00°19'56" East, a distance of 45.01 feet; thence South 89°26'00" West, a distance of 2349.36 feet; thence South 00°09'55" West, a distance of 35.00 feet; thence South 89°26'00" West, a distance of 33.00 feet to a point on the Township line between Section 6, Township 2 North, Range 1 East and Section 1, Township 2 North, Range 1 West; thence North 00 009'55" East along said Township line, a distance of 55.00 feet; thence North 00°09'55" East continuing along said Township line, a distance of 15.00 feet to said Southerly Right of Way line of Northern Avenue; thence North 89°26'00" East along said Right of Way line, a distance of 2415.72 feet to the Point of Beginning. The above described parcel contains 87,200 square feet or 2.0018 acres, more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 8/14/2017 KH Chk: Appr: Rev: EXPIRES 12 / 31 /2017 Ma ricopa County Public Works - Real Estate Division GRANTOR DATE EXIIIBIT "A" Page 1 of 1 Z Not to Scale , -t=g../ Sec 1 T2N R1W 022516-1 CITY OF GLENDALE 501-99-004E SOO°09 155"W L8 r 26 13. 16' TOWNSHIP LINE 115TH AVENUE NO. BEARING LENGTH (ALIGNMENT) L1 S00019156"W 50.01' L2 S89°26'00"W 181.77 1 L3 SOO°19 156"W 80.01' L4 S89°26'00"W 33.25' Sec 6 Sec 31 L5 N00°19156"E 45.01' T2N T3N L6 SO0°09155"W 35.00' R1E Mi.00,9Z.68S R1E L7 889°26'00"W 33,00' L8 N0O°09155"E 55.00' L9 N00054'00"E 15.00' 022516-1 M100,9Z068S N.) Is j L10 SOO°09`55"W 50.W CITY OF GLENDALE 01 (0 ni ; 142-75-002D .0) w... •A: ,... T.C.E. Area (APN 501-99-004E): 111 i 19,912 square feet or 0.4571 acres more or less. 19e"61zC T.C.E. Area (APN 142-75-002D): I 87,200 square feet or 2.0018 acres more or less_ L5j 4: up ' 500°19'56"W L3Ff LIJ 2638.18' MARICOPA COUNTY NORTHERN AVENUE PASE II PROJECT No, TT347 1ITEM No. 022516-1 1 DATE 07/07/2013 1 MARICOPA COUNTY 1 RNV AGENT P.M.