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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division Exempt ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 502-10-976E Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23343-1 (JRW) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, RANDY J. ZUBER, an unmarried man, and ANNE LOUISE KENNEDY, as Trustee of the ANNE LOUISE LIVING TRUST, U/A dated August 16, 2013, GRANTOR(S), for and in consideration of the sum of Eight Hundred Fifty and No/100 Dollars ($850.00) 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 Maricopa, 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 TT0497. That Maricopa 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. Parcel No.: 502-10-976E Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23343-1 (TRW) 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 Eight Hundred Fifty and No/100 Dollars ($850.00) 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. TT0497 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. 3. To accept the sum of Eight Hundred Fifty and No/100 Dollars ($850.00) 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. Parcel No.: 50240-976E Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23343-1 (JRW) Dated this day of ,2017. STATE OF ARIZONA ) ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this _ f day of 2017, by RANDY J. ZUBER, an unmarried man. My Commission Expires g,pi. otaryftm ublic (signature) JADERYAN WIWAMS Wiry MAR1COM PubSc Stote COUNTY of Athooll My Coottnission Expiree Sept 18, 2020 Notary Stamp Seal Parcel No.: 502-10-976E Project No.: 110497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23343-1 (JRW) Dated this /6Z day of 7-1&.--A„ , 2017. Grantor(s): ANNE .LOUISE KENNEDY, as Trustee of the ANNE LOUISE LIVING TRUST, U/A dated August 16, 2013 JLOUS ILEEINTIV tee STATE OF ARIZONA ) ss COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this I day of /14,x,/ 2017, by 1,44e. Aolsea Afeews , as Trustee of the ANNE EOUISE LIVING TRUST, U/A dated ;gust 16,2013. My Commission Expires s,ri. 20.2D otary Pie (signature) JADE RYAN WIWAMS Notary klARICOPA Public - State COUNTY of Arizona lityCommtssion Exptres Sept .% 2020 Notary Stamp Seal Parcel No.: 502-10-976E Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23343-1 (TRW) RECOMMENDED FOR APPROVAL: Aro/ /1 oce0-77- glit-of-Way Agent 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 Parcel No. 502-10-976E Project No, TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. D23343-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 2013-0815245, records of Maricopa County lying within Tract A of Lot 4164 of Resubdivision of Unit no. 38 of Romola of Arizona Grapefruit Unit, according to Book 18, of Maps, Page 38, records of Maricopa County, Arizona and being a portion of Suction .35, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, more particularly described as follows: COMMENCING at the Northeast corner of the Northeast quarter of said Section 35 from which the North quarter corner of said section 35 bears North 89°57'47" West a distance of 2,659.76 feet and from which the East quarter corner of said Section 35 bears South 0097'28" West a distance of 2,647.90 feet; thence along the North line of said Northeast quarter, North 89 057147" West a distance of 1586.23 feet; thence leaving said North line, South 0001728" West a distance of 40.00 feet to the Northwest corner of the said property described in Document Number 2013-.0815245 and also the POINT OF BEGINNING; thence along the West line, South 00017 128" West, a distance of 20.00 feet; thence leaving said West line, South 89 057147" East a distance of 197.27 feet; thence South 00°0227" West, a distance of 15.00 feet' thence South 89 057147" East, a distance of 36.00 feet; thence North 00 002 127" East, a distance of 15.00 feet; thence South 89 057147" East, a distance of 5.09 feet to a point on the East line of said property; thence along said East line, North 00 01728" East a distance of 20.00 feet to the Northeast corner of said property; thence along the North line of said property, North 8905747" West a distance of 192.88 feet; thence leaving last said North line, South 00 002114" West, a distance of 10.00 feet; thence North 89 057146" West, a distance of 40.00 feet; thence North 00 002114" East, a distance of 10.00 feet to the said North property line; thence along said North property line, North 89 057147" West a distance of 5.48 feet to the POINT OF BEGINNING. The above described parcel contains 4,907 square feet or 0.1127 acres, more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelitn:1-27-2016 Chic Appc Rev: 08/01/16 jb; 04/20/17 jb EXPIRES 12/3112017 Maticopa County Public Works — Real Estate Divisio 175th AVENUE S00°17'2811\1 POB 300°1728"9 2,659.76' S89°57'47"E S00°0214"W --N89°57'47"W TCE 889°57`48"E N89°57`47"W 20.00' 40.00' 197.27' 10.00' 40.00' 40.00' 5.48' TCE: RNV: 4,907 400 SQARE SQARE D23343 N00°02 - Anne 1 FEET D23343-1 114"E N89°57'47"VV Louise SOO°0227"W 586.23' or FEET or R/W 10.00' Kennedy S89°57 D23343-1 D23343 S89°57147"E 1,540.93' 0.1127 0.0092 TCE 192.88' 502-10-976E & D23343 N00°02127nE 14711E 15.00' RNV SO0°02113"W Randy TCE N89°57'47"W ACRES ACRES J. 15.00' 36.00' 197.27' 40.00' Zuber — - 192.88' MORE MORE OLIVE OR OR S89 1\189°57'47"W LESS. LESS, 357`47"E AVENUE 5.09' CD EXPIRES 31 / 12 2017 / CD _ 12C CD EL! 1-