Extracted text (via pymupdf_layout)
14039 characters
WHEN RECORDED RETURN TO: Maricopa County Real Estate Division Exempt ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT Parcel No.: 101-12-643 & 101-12-644 Project No.: TT0511 Project Name: MC85 at 83 1-d Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23195-1 (SS) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, SMITH'S FOOD ANT) DRUG CENTERS, Inc., an Ohio corporation, GRANTOR(S), for and in consideration of the sum of Twenty One Thousand Six Hundred and No/100 DOLLARS ($21,600.00) 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, temporary construction easements (the "Temporary Easements") on, over, under and across the ground embraced within parcels of land, Parcel Numbers 101-12-643 and 101-12-644, (the "Easement Property") situated in the County of Maricopa, State of Arizona, and described as follows: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION OF TEMPORARY EASEMENTS That said Temporary Easements described in Exhibit "A" are granted for use of the Easement Property during the construction of the improvement of a public highway and related drainage improvements. That the Grantor shall not incur any expense as a result of the use of the Temporary Easements by Maricopa County, and that the Temporary Easements shall be used during the period of construction of: Project Number TT0511. That Maricopa County shall indemnify and hold the Grantor 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 Easement Property by Maricopa County. All claims shall be submitted in accordance with the requirements of A.R.S. § 12-821 et. seq. Page 1 of 4 Parcel No.: 101-12-643 & 101-12-644 Project No.: TT0511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23195-1 (SS) 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 Temporary Easements described in 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 for one additional year; provided that such duration shall not extend beyond the fifth anniversary of execution of this Temporary Construction Easement and Agreement by Grantor. Grantee agrees to notify Grantor in writing prior to its exercise of Grantee's option to extend the term if such extension is required. Upon expiration of the term and any optional extensions, Grantee agrees to release the Temporary Easements of record upon written request from Grantor. C. To pay the Grantor the sum of Twenty One Thousand Six Hundred and No/I00 DOLLARS ($21,600.00) 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. TT0511 will be charged to the Grantor. F. To not allow or cause any monetary liens to attach to the Easement Property related to the construction of Project Number TT0511. THE GRANTORS AGREE: 1. To grant the Temporary Easements described in 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 as set forth in "B" above. 3. To accept the sum of Twenty One Thousand Six Hundred and No/100 DOLLARS ($21,600.00) 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 Easement Property for the purpose of accomplishing "D" above in areas immediately adjacent to the Temporary Easements described in Exhibit "A". Page 2 of 4 Parcel No.: 101-12-643 & 101-12-644 Project No.: TT0511 Project Name: MC85 at 83" I Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23195-1 (SS) Dated this day of ,20 DRUG CENTERS, Inc., an Ohio corporation (Stnature) Rick J. Landrum Its: -VITtiK5esident-- STATE OF COUNTY OF act. The foregoing instrument was acknowledged before me this day oLA_AJLy 2 , CALALL:1; CVLOAAV\ its of (Name of officer or agent) (Title) SMITH'S FOOD AND DRUG CENTERS, Inc. an Ohio corporation, on behalf of the corporation. My Commission Expires Notary Stamp Seal Page 3 of 4 Parcel No.: 101-12-643 & 101-12-644 Project No.: TT0511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23195-1 (SS) Real-Property-BranehManitger r turzy furerv 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 NO, BEARING LENGTH Lb O S 90 000100" W 102,60' Li 1 S 0000646" E 456.66' L12 S 45055115" W 32.67' N ;. L13 S 00°01'30 E 98.73' , L14 N 8905818" E 45.55' L15 N 00001 142" W 48481 L16 N 44059 147" E 79.71' TCE PARCEL 2 L17 S 90°00'00° W 4620' L18 N 0000000' E 446,16' D23195 L19 N 89 053 1 14" E 69.49' - Smiths Food & L20 N 00006 146" W 25.94' Drug Centers, Inc ?-3 L21 N 73°49'03" E 22.03' 101-12-643 L22 N 89°11'38'' E 46_75' PROLOG'S PARK 99th L23 S 01°15'21" E. 5.00' MR 1198 - 7 L24 N 89°11'38" E 3942' L25 N 00001'42" W 9.00' L26 S 89°11'38" W 37.43' <1; L17 NEW R/W \co, L27 N 00°48'22" W 7.64' L28 S 89°11'38" W 70.14' L29 S 00048 122" E 17.49' NEW R/I/V L31 S 8905314" W 53.00' TCE PARCEL 3 L32 N 00848'22"W 52.16' EXIST RNV —• • %SEC LN _1.•1 240.66' • N89°11 138"E .7"-- 2653.78 1 LMC 85 EXIST RAN - / TGE - PARCELS 7— L28. L27 L26 (TI I L22 L 24 L23 Sheet 2 of 2 D23.195-1 Temporary Construction Easerrients: Parcel 21,860 square feet or 0.5018 acres Parcel 2: 23,737 square feet or 0,5449 acres Parcel 3: 1,226 square feet or 0.0281 acres EXPIRES 12)31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No, 11511 ITEM No, D23195-1 DATE.9-15-16 M,C.D.O.T. R/W Tech: Agent: RFS M.P. Parcel No. 101-12-644 1 643 Project No. TT511 MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. D231954 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENTS Three parcels of land being portions of those properties as described in Documents th 2014-0546104 and 2015-0533959, Maricopa County Records, being Lots I and 2 of Prologis Park 99 as described in Document 2014-0539091, lying within the Southeast quarter of Section 8, Township 1 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: PARCEL ONE: COMMENCING at the South quarter corner of Section 8 from which the Southeast corner of said . Section 8 bears North 89 0 11 138" East, a distance of 2653.78 feet; THENCE along the South line of said Section 8 North 89°11'38" East, a distance of 335.45 feet; THENCE departing said South section line North 00 048 122" West, a distance of 57.00 feet to the existing North right of way line of MC 85, also being the South line of said Lot 2 and the POINT OF BEGINNING; THENCE along said North right of way line North 89 011'38" East, a distance of 175.76 feet; THENCE departing said North right of way line North 00'48'22" West, a distance of 137.50 feet; THENCE South 89°11'38" West, a distance of 47.11 feet; THENCE North 00°48'22" West, a distance of 9.86 feet; THENCE South 89°11'38" West, a distance of 28.00 feet; THENCE South 00048 122" East, a distance of 5.73 feet; TB ENCE South 89°11'38" West, a distance of 80.64 feet to the West line of said Lot 2; • THENCE along said West lot line South 03 046117" East, a distance of 115.78 feet; THENCE South 44°11'38" West, a distance of36.77 feet to the POINT OF BEGINNING. The above described parcel contains 21,860 square feet or 0.5018 Acres more or less. GRANTOR DATE Page 1 of 3 EXHIBIT "A" 0231954 (cont'd) PARCEL TWO: COMMENCING at the Southeast corner of Section 8 from which the East quarter corner of said Section 8 bears North 00 006146" West, a distance of 2641.55 feet; THENCE along the East line of said Section 8 North 00 006 146" West, a distance of 718.71 feet; THENCE departing said East section line South 89°53'14" West, a distance of 53.00 feet to the existing West right of way line of 99 th Avenue, also being the East line of said Lot 1 and the POINT OF BEGINNING; THENCE departing said West right of way line South 90'00'00" West, a distance of 102.60 feet; THENCE South 00 006146" East, a distance of 455.66 feet; THENCE South 45 055 115" West, a distance of 32.67 feet; THENCE South 00 001 130" East, a distance of 98.73 feet; THENCE North 89058 118" East, a distance of 45.55 feet to said East lot line; THENCE along said East lot line North 00 001 142" West, a distance of 48.48 feet; THENCE North 44059 147" East, a distance of 79.71 feet; THENCE departing said East lot line South 90 000100" West, a distance of 46.20 feet; THENCE North 00 000100" East, a distance of 446.16 feet; THENCE North 89 053 114" East, a distance of 69.49 feet to said West right of way line; THENCE along said West right of way line North 00 006146" West, a distance of 25.94 feet to the POINT OF BEGINNING. The above described parcel contains 23,737 square feet or 0.5449 Acres more or less. GRANTOR DATE Page 2 of 3 EKE-11BH "A" D23195-1 (cont'd) PARCEL THREE: COMMENCING at the Southeast corner of Section 8 from which the South quarter corner of said Section 8 bears South 89°11 138" West, a distance of 2653.78 feet; THENCE along South line of said Section 8 South 89°11'38" West, a distance of 240.66 feet; THENCE departing said South section line North 00'48'22" West, a distance of 52.16 feet to the existing North right of way line of MC 85, also being the South line of said Lot 1 and the POINT OF BEGINNING; THENCE along said North right of way line North 73949'03" East, a distance of 22.03 feet; THENCE North 89°1138" East, a distance of 46.75 feet; THENCE South 01 015'21" East, a distance of 5.00 feet; THENCE North 89°11'38" East, a distance of 39.42 feet to the East line of said Lot 1; THENCE departing said North right of way line and along said East lot line North 00'0142" West, a distance of 9.00 feet; THENCE departing said East lot line South 89°11'38" West, a distance of 37.43 feet; THENCE North 00°48'22" West, a distance of 7.64 feet; THENCE South 89011 138" West, a distance of 70.14 feet; THENCE South 0004822" East, a distance of 17.49 feet to the POINT OF BEGINNING. The above described parcel contains 1,226 square feet or 0.0281 Acres more or less. Parcels 1,2 and 3 combined contain 46,823 square feet or 1.1748 Acres more or less. Page 3 of 3 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: EXPIRES 12 / 3112017 Maricopa County Real Estate Division GRANTOR DATE. EXHIBIT "A" 5) PROLOGIS PARK 99th MCR 1198 - 7 N. T. S. / L5 \ (L.9 rt D23195 Smith's Food & Drug Centers, Inc 101-12-644 L7 L3 NI 1 ]II=1.1 1.111•4.11 NEM= UMEN4 MM.= TCE PARCEL 1 EXIST R/I/1/ L1 1 EXIST R/W POB MC 85 SEC LN 335.45' , N89°1 I '38"E 2653.78' EXIST R/W NO. BEARING LENGTH Li N 89°11'38" E 175.76' L2 N 00°48'22" W 137,50' L3 S 89°1138" W 47.11' L4 N 00°48'22" W 9.86' L5 S 89°11'38" W 28.00' L6 S 00°4822" E 5.73' L7 S 89°11'38" W 80.64' L8 S 03°46'17" E 115.78' L9 S 44°11'38" W 36.7T L30 N 00048 122" W 57.00' Sheet 1 of 2 D23195-1 Temporary Construction Easements: Parcel 1: 21,860 square feet or 0.5018 acres Parcel 2: 23,737 square feet or 0.5449 acres Parcel 3: 1,226 square feet or 0.0281 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. TT511 ITEM No D23195-1 DATE 9-15-16 M.C.D.O,T. R/W Tech: Agent: RES MP. NO. BEARING LENGTH L10 S 90°00'00" W 102.60' L11 S 00°06'46" E 455.66' . L12 S 45°55'15" W 32.67' N. T. L13 S 00°01'30" E 98.73' L14 N 89°58'18" E 45.55' L15 N 00°01'42" W 48.48' L16 N 44°59'47" E 79.71' TCE PARCEL 2 L17 S 90°00 100" W 46.20' L18 N 00°00'00" E 446.16' D23195 L19 N 89°53'14" E 69.49' Smiths Food & L20 N 00°06'46" W 25.94' Drug Centers, Inc L21 N 73°4.9'03" E 22.03' 101-12-643 L22 N 89°11'38" E 46.75' PROLOGIS PARK 99th L23 S 01°15'21" E 5,00' MCR 1198 - 7 L24 N 89°11'38" E 39.42' L25 N 00°01'42" W 9.00' L26 S 89°11'38" W 37.43' L27 N 00°48'22" W 7.64' L28 S 89°11'38" W 70.14' L29 S 00°48'22" E 17.49' NEW R/W L31 S 89°53'14" W 53.00' TCE PARCEL 3 L32 N 00°48'22" W 52.16' EXIST R/W --T LN (3: I 240.66' N89°1 1138"E LMC I 85 2653.78' EXIST R/W TCE PARCEL 3 —\ L27 L28. L26 z gi) Sheet 2 of 2 POB - D23195-1 Temporary Construction Easements: Parcel 1: 21,860 square feet or 0.5018 acres Parcel 2: 23,737 square feet or 0.5449 acres Parcel 3: 1,226 square feet or 0,0281 acres EXPIRES 12 /31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION R/W Agent: M.P. PROJECT No, 7511 ITEM No, D23195-1 DATE 9-15-16 M.C.D,O.T. Tech: RES