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EASEMENT IN GROSS AGREEMENT
Parcel No.: 101-22-236/237 (portions of)
Project No.: TT0490 107 th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
THIS AGREEMENT entered into this —1114- day of AuGos-r 2017, by and between
Maricopa County, a political subdivision of the State of Arizona (Hereinafter referred to as
"County") and Virginio M. Fimbres, an unmarried man (Hereinafter referred to as ("Mr. Firnbres").
WHEREAS, Maricopa County Department of Transportation, and as such is responsible for the
interim and the ultimate improvements of the roadway; and
WHEREAS, "Mr, Fimbres" occupies and maintains as his personal residence and raises livestock, at
said personal residence; and
WHEREAS, only the interim roadway along Lower Buckeye and 107 th Avenue described attached
herein Exhibit "A" identified as Item D233 96-A is to be completed upon acquisition of the area; and
at a future date the ultimate roadway to be completed in the area as set forth in this agreement; and
WHEREAS, from the date of acquisition (close of escrow) of the real property described attached
herein Exhibit "A" identified as Item D233 96-B by the "County", "Mr, Fimbres" has been allowed
to occupy thereon and reside and continue to benefit from the enjoyments of said real property; and
WHEREAS, "Mr. Fimbres" is eager and shall receive full and final compensation for the
acquisition, the cost to cure and improvements for the ultimate roadway to be complete at a future
date as set forth in this agreement.
NOW, THEREFORE, it is agreed as follows:
1. The parties (County & Mr. Fimbres) acknowledge:
a. The continued occupancy and current use of the real property describe in the
attached Exhibit "A" identified as Item D23396-B, by "Mr. Fimbres"
b. All cost to cure items listed on the attached estimate ($22,681.19) are to be paid
by the County through the title company upon close of escrow.
2, It is acknowledged by the parties hereto that the rights and privileges granted to "Mr.
Fimbres" hereunder are personal to him and no other. Any attempted transfer or assignment
of those rights and privileges by descent or otherwise is void.
3. It is the intent of the parties that "Mr. Fimbres" be allowed to continue to occupy and enjoy
the real property pursuant to this Agreement for the remainder of his natural life. Upon the
death of "Mr. Fimbres", all rights and agreements hereunder shall terminate, subject to earlier
termination as described hereinafter,
Page 1 of 4
Parcel No.: 101-22-236/237 (portions of)
Project No.: TT0490 107 th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
4. "Mr. Fimbres" shall have the right at all times to terminate this Agreement by notifying the
"County" of his intention to vacate the premises, and his voluntary termination shall act as a
waiver of any continuing obligations of the "County" with respect to "Mr. Fimbres".
Teimination of this Agreement may also be effected by involuntary means, such as
enrollment of "Mr. Firnbres" in a nursing home or similar acute-care facility, or the absence
of "Mr. Fimbres" from the premises for an inordinate period of time sufficient to evidence
abandonment. Described herein Exhibit "A" identified as Item D23396-B
5. The parties acknowledge that the ultimate roadway will eventually be constructed per the
terms of this agreement. The "County" agrees to pay, "Mr. Fimbres" now, for the acquisition,
the cost to cure and improvements to be removed from the real property described herein
Exhibit "A" identified as Item D233 96-B in the future.
6. "Mr. Fimbres" agrees to use the real property described herein Exhibit "A" identified as Item
D233 96-B for his residential dwelling and current purposes only and shall not build any
peimanent structures on or under the described area. If any structures are built within the
described area, removal will be the responsibility and at the cost of "Mr. Fimbres", his
successor's assigns and/or heirs and devisees.
7. "Mr. Fimbres", at his expense, will maintain in full force during the term of this Agreement,
public liability and property damage insurance covering the premises and their occupancy
thereof against claims for personal injury and death in the following amounts:
a. $100,000 bodily injury, each person;
b. $300,000 bodily injury, each occurrence;
c. $100,000 property damage
The "County" will be furnished a certificate evidencing the fact that such insurance
has been obtained, that the "County" is an additional insured thereunder, and that such insurance
cannot be cancelled without ten (10) days prior written notice to the "County".
8. "Mr. Fimbres" shall not have the right to assign this agreement in whole or in part. "Mr.
Fimbres" shall not encumber the real property described herein nor shall he cause or allow
any lien(s) to be placed against the premises.
9. "Mr. Fimbres" shall indemnify and hold hamiless the "County", and their officers, agents,
and employees, from and against any and all claims, demands, loss or liability of any kind
which may result from injury to or death of persons, or damage to property, arising out of
"Mr. Fimbres" occupancy and use of the subject premises.
Page 2 of 4
Parcel No.: 101-22-236/237 (portions of)
Project No.: TT0490 107th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
Dated this 7-111 day of (2 os-r . , 2017.
GRANTOR: Virginio M. Fimbres, an unmarried man
x 7-1A-Avai
Virginio M. Fitnbres
STATE OF ARIZONA
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this 7 day of Or; UST
2017, by Virginio M. Fimbres.
My Commission Expires 'Toil I 7, a0f)
Notary Public (signature
STEVEN F. WARBURTON
Yintsfy MAR Pubic iCOPA - Stew COUNTY of Arizona
My COnlin;sion, Exp4re3 July 41, 2020
Notary Stamp Seal
Page 3 of 4
Parcel No.: 101-22-236/237 (portions of)
Project No.: TT0490 107 th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
COMMENDED FOR APPROVAL:
Real Property Branch Manager
ACCEPTED:
MAR1COPA 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
.
8/7/2017 $1,000.00 $120.00 $300.00 $2,000.00 $4,951.85 $3,000.00 $240.00 $2,800.00 $707.41 $2,000.00 $2,000.00 $1,500.00 $20,619.26 $2,061.93 $22,681.19
AMOUNT
PRICE 500.00 5.00 100.00 2,000.00 70.00 1,000.00 10.00 100.00 10.00 2,000.00 2,000.00 1,500.00 SUBTOTAL: COST:
UNIT TOTAL Road.xis
$ $ $ $ $ $ $ $ $ $ $
2 24 3 1 71 3 24 28 71 1 1 1 Firnbres
QUANTITY 10%
DATA1Estimate\1T0490
UNIT EACH LET. EACH L.SUM YD. CU. EACH L.FT. L.FT. YD. CU. L.SUM L.SUM L.SUM
"PROJECT
CONTINGENCY
COSTS Design15-0
PROPERTY Final
PROBABLE Ave
107th
FIMBRES OF & Rd
OPINION Buckeye
Lower
- C
TASKSITASK
6" LANDSCAPING
FENCE GATE METAL, DATA15-13
AVE LINK LINK BASEGRAVEL (4-FT)
POLES CHAIN CHAIN GRUBBING GATE FENCE CORRUGATED E<ST OF PERMITTING #PROJECT
RD/107TH WOOD EXST EXST AND AGGREGATE LINK LINK EXCAVATION AND
IMPROVEMENTS DESCRIPTION CHAIN CHAIN PIPE, REVEGETATION MOBILIZATION OnCallTra11cEn915-0
BUCKEYE REMOVE REMOVE REMOVE CLEARING NEVV NEW NEW NEW ROADBED SURVEY
LOWER MCDOT
INTERSECTION NO.
T10490 ITEM J:111544
Parcel No. 101-22-236
Project No. TT490
INTERSECTION IMPROVEMENTS AT
LOWER BUCKEYE ROAD AND 107TH AVE
Item No. 023396A
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portion of the Northeast quarter of Section 19, Township 1 North, Range 1 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Northeast corner of said Northeast quarter of said Section 19, from which the East
quarter corner of said Section 19 bears South 00 042106" East, a distance of 2,657.33 feet and from which the
North quarter coiner bears South 88 055 134" West, a distance of 2,518.13 feet; thence South 00 042 106" East along
the East line of said Northeast quarter, a distance of 33.00 feet to the South line of the North 33.00 feet of said
Northeast quarter; thence along said South line, South 88 05534" West a distance of 33.00 feet to the POINT
OF BEGINNING; thence continuing, South 88955 134" West a distance of 96.16 feet; thence leaving said South
line, South 00 034 105" West a distance of 3.00 feet; thence North 88°5534" East, a distance of 16.71 feet;
thence South 70 059155" East, a distance of 57.14 feet; thence South 47 02032" East, a distance of 25.64 feet;
thence South 0004206" East, a distance of 107.51 feet; thence South 05°16'32" East, a distance of 52.10 feet;
thence South 8404328" West, a distance of 7.01 feet; thence South 05 016 132" East, a distance of 13.72 feet;
thence North 84°43'28" East, a distance of 5.85 feet; thence South 01'43'29 East, a distance of 48.22 feet;
thence South 89°13'18" West, a distance of 10.28 feet; thence South 00 000 100" West, a distance of 20.85 feet;
thence South 90 000 100" East, a distance of 12.67 feet to the West line of the East 33.00 feet of said Northeast
quarter; thence along last said West line, North 00 042106" West a distance of 282.82 feet to the POINT OF
BEGINNING.
The above described parcel contains 3,149 square feet or 0.0723 acres, more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/15/17 jb Chk: Appr:
Rey:
Maricopa County Public Works - Frabyistf,e Division EXPIRES 12 / 31 /2017
GRANTOR DATE
EXHIBIT "A"
LOWER BUCKEYE ROAD S88°55'34"W 2,518.13'
Ex7ting RNV P.O.B. Tht
Not to Scale
SEE
DETAIL A
D23396A
LINE DATA Virginio M &
NO. BEARING LENGTH Isabell C Fimbres
L1 S 00°42'06" E 33.00' 101-22-236
L2 S 88°55'34" W 33.00'
L3 S 88°55'34" W 96.16'
L4 S 00°34'05" W 3.00'
L5 N 88°55'34" E 16.71'
L6 S 70°59'55" E 57.14'
L7 S 47°20'32" E 25.64'
L8 S 00°4206" E 107.51'
L9 S 05°16'32" E 52.10'
L10 S 84°43'28" W 7.01'
L11 S 05°1632" E 13.72' Virginio M &
L12 N 84°43'28" E 5.85' Isabell C Fimbres
L13 S 01°43'29" E 48.22' 101-22-237
L14 S 89°13'18" W 10.28'
L15 S 00°00'00" W 20.85'
L16 S 90°00'00" E 12.67'
DETAIL B
EXPIRES 12/31/2017
TOTAL REQ'D. RNV AREA: 3,149 SQUARE FOOT OR 0.0723 ACRES
MARICOPA COUNTY
INTERSECTION IMPROVEMENTS AT LOWER BUCKEYE RD AND 107TH AVE
PROJECT No. TT0490 ITEM No. D23396A DATE 05/15/2017 MARICOPA COUNTY R/V1I AGENT K.R.
Parcel No. 101-22-236 & 237
Project No. TT490
INTERSECTION IMPROVEMENTS AT
LOWER BUCKEYE ROAD AND 107T11 AVE
Item No. D23396B
EXIIB3IT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portion of the Northeast quarter of Section 19, Township 1 North, Range 1 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Northeast corner of said Northeast quarter of said Section 19, from which the East
quarter corner of said Section 19 bears South 00 042106" East, a distance of 2,657.33 feet and from which the
North quarter corner bears South 88°55 134" West, a distance of 2,518.13 feet; thence South 88 055 134" West
along the North line of said Northeast quarter, a distance of 234.62 feet; thence leaving said North line, South
00°13'06" West, a distance of 33.01 feet to the South line of the North 33.00 feet of said Northeast quarter and
also the POINT OF BEGINNING; thence along said South line, North 88 055 134" East a distance of 105.99
feet; thence leaving said South line, South 00 034 105" West a distance of 3.00 feet; thence North 88'55'34" East,
a distance of 16.71 feet; thence South 70 059155" East, a distance of 57.14 feet; thence South 47 020 132" East, a
distance of 25.64 feet; thence South 00 04206" East, a distance of 107.51 feet; thence South 05 016132" East, a
distance of 52.10 feet; thence South 84 043 128" West, a distance of 7.01 feet; thence South 05 016132" East, a
distance of 13.72 feet; thence North 84 04328" East, a distance of 5.85 feet; thence South 01 04329" East, a
distance of 48.22 feet; thence South 89°13'18" West, a distance of 10.28 feet; thence South 00 000 100" West, a
distance of 20.85 feet; thence South 90°00'00" East, a distance of 12.67 feet to the West line of the East 33.00
feet of said Northeast quarter; thence along said West line, South 00 04206" East, a distance of 18.16 feet;
thence leaving said West line, North 40 02936" West a distance of 50.00 feet; thence North 00°42'06" West, a
distance of 202.35 feet; thence North 45 05316" West, a distance of 39.47 feet; thence South 88 05534" West, a
distance of 142.66 feet; thence North 00 0 1306" East, a distance of 32.01 feet to the POINT OF BEGINNING.
The above described parcel contains 11,710 square feet or 0.2688 acres, more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/15/17 jb Chic: Appr:
Rev:
Maricopa County Public Works - Re4Egp,te Division EXPIRES 12131 /2017
411 ' 10'
GRANTOR DATE / //
EXHIBIT "A"
LOWER BUCKEYE ROAD 888°55 134"W 2,518.13'
Li
i L3 —KIN
L22 L7
L21
SEE
DETAIL A
EXISTING R/W DETAIL A
N 88°55'34" E
NEW Rflitt
LINE DATA D23396B
NO. BEARING LENGTH Virginio M &
Li S 88°55'34" W 234.62' Isabel] C Fimbres
L2 I S 00013106" W 33.01' 101.22.236 & 237
L3 N 88°55'34" E 105.99'
L4 S 00034105" W 3.00'
L5 N 88°55'34" E 16.71'
L6 S 70°59'55" E 57.14'
L7 S 47°20'32" E 25.64'
L8 S 00042 106" E 107.51' SEE DETAIL B
L9 S 05°16'32" E 52.10'
L10 S 84°43'28" W 7.01'
L11 S 05°1632" E 13.72' PROPERTY LINE
L12 N 84°43'28" E 5.85'
L13 S 01°43'29" E 48.22'
L14 S 890 13 118" W 10.28'
L15 S 00°00'00" W 20.85'
L16 S 90°00'00" E 12.67'
L17 S 00042 106" E 18.16' 1\—.
L18 N 40°2936" W 50.00' PROPERTY LINE
L19 N 00°42'06"W 202.35'
L20 N 45°53'16" W 39.47'
L21 S 88°55'34" W 142.66'
L22 N 000 13 106" E 32.01'
-olCA7-74,1'
`-c
22260
KENNETH W.
GREEN
.4kI-4 SY nei
. ‹/Zollr0
EXPIRES 12/31/2017
TOTAL REQD. RAN AREA: 11,710 SQUARE FOOT OR 0.2688 ACRES
MARICOPA COUNTY
INTERSECTION IMPROVEMENTS AT LOWER BUCKEYE RD AND 107TH AVE
PROJECT No. TT0490 ITEM No. D23396 DATE 05/15/2017 MARICOPA COUNTY RNV AGENT KR.