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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division Exempt A_RS 11-1134, A2 02_ TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 304-91-003D Project No.: TT0251 Riggs Road (Ellsworth Road to Meridian Road) Item No.: D22759- l (RES) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Riggs Ellsworth 40, L.L.C., an Arizona limited liability company as to an undivided 50% interest and JMN Riggs 40, L.L.C., an Arizona limited liability company, as to an undivided 50% interest, GRANTOR(S), for and in consideration of the sum of One Thousand One Hundred Four and No/100 DOLLARS ($1,104.00) 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 TT0251. 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 5 Revised 3/27/17 kgr Parcel No.: 304-91-003D Project No.: TT0251 Riggs Road (Ellsworth Road to Meridian Road) Item No.: D22759-1 (RES) 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 by written notice to Grantors given prior to termination of this Temporary Construction Easement and Agreement. C. To pay the Grantor the sum of One Thousand One Hundred Four and No/100 DOLLARS ($1,104.00) 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. TT0251 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 by written notice to Grantors given prior to termination of this Temporary Construction Easement and Agreement. To accept the sum of One Thousand One Hundred Four and No/100 DOLLARS ($1,104.00)as payment in full for one year. Additional time, if required will be paid in monthly increments based on the initial annual rate. Page 2 of 5 Revised 3/27/17 kgr Parcel No.: 304-91-003D Project No.: TT0251 Riggs Road (Ellsworth Road to Meridian Road) Item No.: D22759 (RES) Dated this e day of , 2017. GRANTOR: Riggs Ellsworth 40, L.L.C. an Arizona limited liability company By: (Signature Its: (Title) STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 0 day of At/ 5 2017, by Adc,zi RAkzypi jt. , it's (Name of partner or agent) Riggs Ellsworth 40, L.L.C. an Arizona limited liability company, on behalf of the company. My Commission Expires .4010e . Notary Stamp Seal Page 3 of 5 Revised 3/27/17 kgr Parcel No.: 304-91-003D Project No.: TT0251 Riggs Road (Ellsworth Road to Meridian Road) Item No.: D22759 (RES) Dated this EL, day of tr-4p1 ,2017. GRANTOR: JMN Riggs 40, L.L.C. an Arizona limited liability company By: (Signature Its: 04N (Title) STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this St3 day of //47 2017, by /due //ek7ciin , 's (Name of partner or agent) JMN Riggs 40, L.L.C. an Arizona limited liability company, on behalf of the company. My Commission Expires i/ Notary Stamp Seal Page 4 of 5 Revised 3/27/17 kgr Parcel No.: 304-91-003D Project No.: TT0251 Riggs Road (Ellsworth Road to Meridian Road) Item No.: D22759-I (RES) Dated this day of ,2017. GRANTOR: Riggs Ellsworth 40, L.L.C. an Arizona limited liability company By: (Signature) Its: (Title) STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of 2017, by , it's (Name of partner or agent) Riggs Ellsworth 40, L.L.C. an Arizona limited liability company, on behalf of the company, My Commission Expires Notary Public (signature) Notary Stamp Seal Page 3 of Revised 3/27/17 kgr Parcel No.: 304-91-003D Project No.: TT0251 Riggs Road (Ellsworth Road to Meridian Road) Item No.: D22759-1 (RES) Dated this day of ,2017. GRANTOR: JMN Riggs 40, L.L.C. an Arizona limited liability company By: (Signature) Its: (Title) STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of 2017, by , it's (Name of partner or agent) JMN Riggs 40, L.L.C. an Arizona limited liability company, on behalf of the company. My Commission Expires Notary Public (signature) Notary Stamp Seal Page 4 of 5 Revised 3/27/17 kgr Parcel No.: 304-91-003D Project No.: TT0251 Riggs Road (Ellsworth Road to Meridian Road) Item No.: D22759-1 (RES) 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 5 of 5 Revised 3/27/17 kgr PROJECT NO. TT251 RIGGS ROAD Ellsworth Rd to Meridian Rd 304-91-003D D-22759-1 EXHIBIT "A" LEGAL DESCRIPTION FOR A TEMPORARY CONSTRUCTION EASEMENT A portion of the Southwest quarter of the Southwest quarter of Section 27 — T2S, R7E of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Said portion is more particularly described as follows: COMMENCING at the Southwest corner of said Section 27, from which the South quarter corner bears North 89°33'17" East a distance of 2636.17 feet; thence along the South line of Section 27, North 89'33'17" East, a distance of 595.28 feet; thence leaving said South line, North 00 026 143" West, a distance of 60.43 feet to the POINT OF BEGINNING; thence North 04°04'52" East, a distance of 30.00 feet; thence South 85°09'18" East, a distance of 82.66 feet; thence South 05°36'32" West, a distance of 30.00 feet to the beginning of a non-tangent curve, the center of which bears South 05°36'32" West, a distance of 3070.00 feet; thence westerly along the arc of said curve, through a central angle of 01 031'40", for an arc distance of 81.87 feet; to the POINT OF BEGINNING. The above described parcel contains 2,453 square feet or 0.0563 acres, more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 10/8/12 jh Chk: Appr: Rev: 05/24/16 jb; 08/30/16 jb Maricopa County Public Works - Rea Estate Division EXPIRES 12/31/2017 DATE