K. D23333-1.PDF

WHEN RECORDED RETURN TO:
Marieopa County
Real Estate Division
EXEMPT ARS 11-1134, A2
TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY
PURPOSES
Parcel No.: 501-06-003A (portion of)
Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane)
Item No . : D23333-1 [JR]
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS Suburban Land Reserve, Inc., a Utah corporation, GRANTOR, for and
in consideration of the sum of Two Hundred Seventy Four Dollars and no/100 Dollars
($274.00) 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,
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 TT0497 Olive Avenue (Citrus Road to Cotton Lane)
That Maiicopa County shall hold the Grantors harmless in case of any accident arising on and
during the use of the above described property until the completion of the aforementioned
project.
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 for the general welfare and benefit of the public.
Page 1 of 4

B. To the extent permitted by law, GRANTEE agrees to indemnify GRANTOR, from and
against loss, expense, damage, or claim of any nature whatsoever which is caused by any
activity, condition, or event arising out of the non-performance by GRANTEE of any of
its obligations under the provisions of the Agreement. GRANTOR shall in all instances
be indemnified against liability, losses, and damages of any nature for or On account of
injuries to or death of persons or damages to or destruction of property arising out of
GRANTEE'S performance or non-performance of this Easement, except such injury or
damages as shall have been occasioned by the sole or joint negligence of GRANTOR.
The above cost of damages incurred by GRANTOR shall include, in the event of action,
court costs, expenses for litigation, and reasonable attorney's fees.
C. GRANTEE shall have the right to authorize, permit, and license the use of the Property
for utilities or other public purposes not inconsistent with its use as a temporary
construction easement and right-of-entry as determined by GRANTEE,
D. GRANTEE agrees to leave the grade of the land within the temporary construction
easement area in as near the same condition that it is now. The parties understand that
the resulting construction work will not leave the land in exactly the same condition.
THE GRANTORS AGREE:
A. To grant a temporary construction easement for the property described herein to the
County of Maricopa and/or its agents for the general welfare and benefit of the public,
B. GRANTOR hereby covenants that he is granting this Temporary Construction Easement
and Agreement only to the extent of any interest he may have in the Property.
C. This Easement shall run with the land and shall be binding upon the parties,
D. This easement shall be in effect for a period no longer than one year from the start of
construction activities and no later than July 16, 2020.
Page 2 of 4

Parcel No.: 501-06-003A (portion of)
Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane)
Item No.: D23333-1 PR]
Dated this 7 day of ,2017.
Suburban Land Reserve, Inc., a Utah corporation
STATE OF
) SS
COUNTY 0 )
The foregoing instrument was acknowledged before me this day of
2017, by Suburban Land Reserve, Inc., a Utah corporation
-
My Commission Expires Tf
Notary Public (signature),
COLETTE D. YATES
NOTARY PUBLIC - STATE OF UTAH
My Comm. Exp. 07/18/2018
Commission # 678614
Notary Stamp Seal
Page 3 of 4

Parcel No.: 501-06-003A (portion of)
Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane)
Item No.: D23333-1 [JR]
RECOMMENDED FOR APPROVAL:
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 401494303A
Project No. T1497 •
OLIVE AVENUE
CITRUS ROAD TO Corrom LANE
Item No D233334
MHISIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A portion of that property described Document ntimber 20140487482, records of Maricope Couniy,
Arizona lying within the pouthwest quarter of SeCtion 25, Township 3 North, Range 2 West of the
Oita and Salt River Base and Meridian, Marloope County, Arizona. ,- Said portion described as follows:
q01111MENCING'at the Southwest corner of said Section 26, from which the South quarter corner
bears South 89 943144" East a distance of 2,631,28 feet and from which the West quarter corner
, bears North 00 61632" East a distance of 2,686.74 feet; thence along the West line of the Southwest
quarter of Section 28, North 00 91632" East a distance 4262.67 feet; thence leaving sail:West line
South 69°43128" East a distance of 184.83 feet to the POINT OP BEGINNING; thence North
40°0128" East, a distance of 16,90 feet to theteginnIng of a non-tangent curve, the center of which
bears North SW-33183" East, a distance of 608.73 feet; thence northwesterly along the are of said
curve, through a central angle of 16°3660, for an are distance of 137.95 feet to the beginning of a
non-tangent line; thence South 06 010'32" West, a distance of 28,48 feet to the beginning of a non.
tangent curve, the center of which bears North 62°36'47" East, a distance of 623.63 feet;
thence southeasterly along the arc of said cum, through a central angle of13°0201", for an arc
distance of 119.11feet to the POINT OP lEIEGINNING.
The above described parcel contains 2170 square feet or 0.0498 aoreo, more or less.
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