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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.