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• WHEN RECORDED RETURN TO: Maricopa County Real Estate Department Exempt ARS 11-1134, A2 K/e, (P/k/ TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 504-44-018 Project No.: TT0534 Project Name: MC85 & Rainbow Road Project Termini: ((MC85 north on Rainbow Road) Item No.: D23391-1 (KGR) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Rainbow & Monroe 480, LLC, an Arizona limited liability company, GRANTOR, for and in consideration of the sum of One Thousand Nine Hundred Forty-Seven and No/100 Dollars ($1,947.00) 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 Marieopa, 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 TT0534. 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.: 504-44-018 Project No.: TT0534 Project Name: MC85 & Rainbow Road Project Termini: ((MC85 north on Rainbow Road) Item No.: D23391-1 (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 Thousand Nine Hundred Forty-Seven and No/100 Dollars ($1,947.00) 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. TT0534 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 Thousand Nine Hundred Forty-Seven and No/100 Dollars ($1,947.00) 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 lcgr Parcel No.: 504-44-018 Project No.: TT0534 Project Name: MC85 & Rainbow Road Project Termini: ((MC85 north on Rainbow Road) Item No.: D23391-1 (KGR) Dated this A.r1 day of td.a)L-e, 20 a 7 GRANTOR: Rainbow & Monroe 480, LLC, an Arizona limited liability company By: Its: I I 16.),U STATE OF Arizona ) § COUNTY OF _Maricopa The foregoing instrument was acknowledged before me this day of 20 11 , by IV( \ .\0 its 04', of (Name of Officer) (Title) Rainbow & Monroe 48L LLC, an Arizona limited liability company, on behalf of the company. My Commission Expires Notary Public (signature) Carolina Miranda Notary Public Maricopa County, Arizona My Comm. Expires 07-28-19 Notary Stamp Seal Page 3 of 4 Revised 3/27117 kgr Parcel No.: 504-44-018 Project No.: TT0534 Project Name: MC85 & Rainbow Road Project Termini: ((MC85 north on Rainbow Road) Item No.: D23391-1 (KGR) RECOMMENDED FOR APPROVAL: Right-of-Wyty Agen Real Property Branch Manager 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 Parcel No. 504-44-018 Project No. TT0534 MC 85 at RAINBOW ROAD Item No. D233914 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2008-0402173, Maricopa County Records, lying within the Southwest Quarter of Section Thirty Five, Township One North, Range Three West of the Gila and Salt River Meridian, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 35, being a brass cap in a handhole, from which the West Quarter corner of said Section 35, an aluminum cap, bears North 01 007 155" East, a distance of 2679.55 feet; thence along the West line of said Section 35 North 01 00755" East, a distance of 55.75 feet; thence departing said West section line South 88°52'05" East, a distance of 55.00 feet to the Southwest corner of said property, also being the intersection point of the North right of way line of MC 85 and the East right of way line of Rainbow Road, and the POINT OF BEGINNING; thence along the South line of said property South 89°38'27" East, a distance of 25.00 feet; thence departing said South property line North 01 007155" East, a distance of 723.18 feet; thence North 88°52'05" West, a distance of 47.00 feet to the West line of said property; thence along said West property line South 01 007155" West, a distance of 279.26 feet; thence South 88 052'05" East, a distance of 22.00 feet; thence South 01 007'55" West, a distance of 444.25 feet to the POINT OF BEGINNING. The above described parcel contains 24,227 square feet or 0.5562 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES - 9/18/17 Chk: Appr: Rev: Maricopa County Public Works - Real Estate Division GRANTOR I lt_t_DATEIL-- ii EXHIBIT "A" NO, BEARING LENGTH Li N 01 007 155" E 55.75' L2 S 88°52'05" E 55.00' N.T.S. L3 S 89038 127" E 25.00' L4 N 01°07'55" E 723.18' L5 N 88 052 105" W 47.00' L6 S 01°07'55"W 279.26' L7 S 88 05205" E 22.00' L8 S 01°07'55" W 444.25' Rd Rainbow Rainbow & Monroe 480, LLC D23391 504-45-016F L7 Rainbow & Monroe 480, LLC 504-44-018 State of Arizona 504-45-0161-1 EXIST R/W Ce") S89°43`55"E 2481.71' 4, Lc) \ 160.61' S89°55'16"E 2487.77' --- 0-) MC 85 S89°38127"E EXIST R/W EXIST R/W D23391-1 Temporary Construction Easement: 24,227 square feet or 0.5562 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 at Rainbow Road PROJECT No, T10534 ITEM No. D23391-1 DATE 9-20-17 R/W Tech: Agent: RES K.R. RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY William D. Wiley, P.E. Date Chairman of the Board Chief Engineer and General Manager ATTEST: C. Michelle Colby, SR/WA Date Director, Real Estate Department Clerk of the Board Date: STATE OF ARIZONA )ss COUNTY OF MARICOPA Before me, , Notary Public in and for said County, State of Arizona, on this day personally appeared , known to me to be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision in the foregoing instrument. Given under my hand and seal of the office this day of , 201 Notary Public (signature) APPROVED AS TO F9R4 and within the powers and authority Siantd under the laws Of the State of Ariz na add Maricopa County Flood 0)/601 District General Counsel Date Page 5 of 5 EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT A portion of land being situated within the Southeast Quarter of Section 29, Township 2 North, Range 2 West of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at a found brass cap in hand hole located at the East Quarter corner of said Section 29 from which a found brass cap flush located at the Center of said Section 20 thereof bears North 89°31'33" West 2648.33 feet; Thence North 89°31'33" West 193.86 feet along the east-west mid-section line; Thence leaving said east-west mid-section line, South 00°29'17" West, 40.00 feet to the POINT OF BEGINNING; Thence South 89°31'33" East, 18.17 feet; Thence South 34°31'33" East, 61.23 feet; Thence South 00°16'58" West, 8,07 feet; Thence South 45°1658" West, 15.64 feet; Thence North 34'31'33" West, 73.69 feet; Thence North 00°16'58" East, 8.96 feet to the POINT OF BEGINNING. Said portion of land containing 1,475.16 sq.ft., or 0.033 acres, more or less more or less and being subject to any easements, restrictions, rights-of-way of record or otherwise. The description shown hereon is not to be used to violate any subdivision regulation of the state, county and/or municipality or any land division restrictions. Prepared by: HILGARTVVISON, LLC 2141 E. Highland Avenue, Suite 250 Phoenix, AZ 85016 Project No. 1043 Date: March 2016 U:11000t10431SURVEY\000SII043-FCDMC DRAINAGE EASEMENT LEGALDOCX Page 1 of 2 CENTER OF SEC 29. T2N, EAST QUARTER CORNER OF R2W FOUND BRASS CAP SEC 29. T2N, R2W FOUND FLUSH A BRASS CAP IN HAND HOLE N89°31 133 1'W 2648.33' 2454,48' 193.86' OSBORN ROAD POB Li 109' CHANNEL MAINTENANCE EASEMENT DOC, 2001-0824688 M.C.R. DRAINAGE EASEMENT AVENUE E-4 0 . (-5 a, Cf) 195TH cz1 'rz;. 20' MAINTENANCE EASEMENT Ce CD 1 DOC. 2001-0824688 M.C.R. Ea on 129' "I FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DOC. 1994-0519749 M.C.R. LI LINE TABLE LINE # DIRECTION LENGTH L1 S89°31'33”E 18.17' _ L2 S34°31'33"E 61.23' L3 500°16'58'V 8.07' L4 S45°16'58"W 15.64' L5 N34°31'33 nW 73.69' L6 NO016'581 8.96' PAGE 2 OF 2 PROJ,NO.: 1043 ARROYO SECO DATE: JAN 2016 DRAINAGE EASEMENT %MY SCALE: NTS MARICOPA COUNTY, ARIZONA HILGARTWILSON 2141 E. HIGIALAND AVE., STE. 250 DRAWN BY: DSP EXHIBIT "B" PHOENIX, AZ 85016 CHECKED BY: RAJ P: 602 490.0535 F: 602.368.2436 UA1000\10431,Survey\0ocA100—FCMC DRAINAGE EASEMENT.dwg 3/25/2016 1:00 Plvl