J. D23391.PDF

Maricopa County — Formal (2017-11-08)

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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