G. D23396-1.PDF

Maricopa County — Formal (2017-08-23)

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WHEN RECORDED RETURN TO:
Marie opa County
Real Estate Division
EXEMPT ARS 1l-1134,A2
TEMPORARY CONSTRUCTION EASEMENT AND
AGREEMENT FOR HIGHWAY PURPOSES
Parcel Nos.: 101-22-236/237
Project No.: TT0490-107th Ave/Lower Buckeye Rd
(Intersection Improvement)
Item No.: D23396-1 (sw)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Virginio M. Fimbres, a widower, GRANTOR, for and in consideration of
the sum of Four Hundred Twenty Seven and 00/100 Dollars ($427.00), receipt of which is
hereby acknowledged, does hereby grant and convey to MARICOPA COUNTY, a political
subdivision of the State of Arizona, its successors, and assigns, GRANTEE, 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 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 TT0490 — 107th Ave/Lower Buckeye Rd (Intersection
Improvement)
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

Parcel Nos.: 101-22-236/237
Project No.: TT0490-107th Ave/Lower Buckeye Rd
(Intersection Improvement)
Item No.: D23396-1 (sw)
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 Four Hundred Twenty Seven and 00/100 Dollars ($427.00)
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. TT0490 — 107th Ave/Lower Buckeye
Rd (Intersection Improvement) 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
1 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 Four Hundred Twenty Seven and 00/100 Dollars ($427.00) 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

Parcel Nos.: 101-22-236/237
Project No.: TT0490-107th Ave/Lower Buckeye Rd
(Intersection Improvement)
Item No.: D23396-1 (sw)
Dated this day of kOGOS , 20±2.
GRANTOR: Virginio M. Fimbres, a widower
Virginia M. Fimbres
STATE OF ARIZONA
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this Ti day of 1\06c61- , 20±7,
by Virginio M. Fimbres.
My Commission Expires \gut e)0,90
ST NaDry EVEN pubtic F. WAR State of BURTU Mina
etorressLon MAR (,-0.ik Ey4sires COUNTY Jt/ty 11. 202
Notary Stamp Seal
Page 3 of 4

Parcel Nos.: 101-22-236/237
Project No.: TT0490-107th Ave/Lower Buckeye Rd
(Intersection Improvement)
Item No.: D23396-1 (sw)
RECOMMENDED FOR APPROVAL:
4fry
hz,
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
///
N
Page 4 of 4

Parcel No. 101-22-237
Project No. TT490
INTERSECTION IMPROVEMENTS AT
LOWER BUCKEYE ROAD AND 107T1J AVE
Item No. 023396-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
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 Section 19, from which the East
quarter corner of said Section 19 bears South 00 04206" East, a distance of 2657.33 feet;
thence South 00 042106" East along the east line of said Northeast quarter, a distance of 340.41 feet;
thence leaving said east line South 89°17'54" West, a distance of 33.00 feet to the west line of the east
33.00 feet of said Northeast quarter;
thence continuing South 89 017'54" West, a distance of 32.00 feet to the point of beginning;
thence continuing South 89 017154" West, a distance of 5.00 feet;
thence North 00 042106" West along a line parallel with and 70.00 feet westerly of the east line of said
Northeast quarter, a distance of 244.90 feet;
thence North 45'53'16" West, a distance of 35.31 feet;
thence South 88 055 134" West along a line parallel with and 70.00 feet southerly of the north line of
said Northeast quarter, a distance of 140.69 feet;
thence North 00 013 106" East, a distance of 5.00 feet;
thence North 88 055 134" East along a line parallel with and 65.00 feet southerly of the north line of said
Northeast quarter, a distance of 142.66 feet;
thence South 45 05316" East, a distance of 39.47 feet;
thence South 00 04206" East along a line parallel with and 65.00 feet westerly of the east line of said
Northeast quarter, a distance of 246.98 feet to the point of beginning.
The above described parcel contains 2,125.06 square feet or 0.0488 acres, more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Ch k: Appr:
Rev:
Maricopa County Public Works - Real EstAty pis*
GRANTOR)c DATE E 7
EXHIBIT "A"

<0 4) 10
LOWER BUCKEYE ROAD N88.55 .34pE N89°47'00"E
SEC LN Existing Z*) 0)
Not to Scale
L6
1
340.4
Virginio M & O°42'06"E Norman Michael Halo
Isabel] C Firnbres 101 -25-002F
101-22-236 SO
Virginio M & Norman Michael Hale
Isabell C Fimbres 101-25-002E
101-22-237 Norman Michael Hale
101-25-0020
LINE DATA
NO. BEARING LENGTH
Ll S 89°17'54" W 33.00'
L2 S 89 0 17 154" W 32.00'
L3 S 89°17'54" W 5.00'
L4 N 00°42'06" W 244.90'
L5 N 45°53'16" W 35.31'
L6 S 88055 134" W 140.69'
L7 N 00°13'06" E 5.00'
L8 N 88°55'34" E 142.66'
L9 S 45 053 116" E 39.47'
33 1 33' L10 S 00°42'06" E 246.98'
Total Reqld. T.C.E. Area: 2,125 square foot or 0a488 acres EXPIRES 12/31/2017
MARICOPA COUNTY
INTERSECTION IMPROVEMENTS AT LOWER BUCKEYE RD AND 107TH AVE
PROJECT No. TT0490 ITEM No. 023396-1 DATE 11/10/2016 MAR1COPA COUNTY R/W AGENT S.W.