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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 Subject: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Assessor's Parcel No. 502-10-976C Item No. D23345-1 (RES) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Thomas Mills, an unmarried man, GRANTOR, for and in consideration of the sum of Eight Hundred Seventeen and No/100 Dollars ($817.00) 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 TT0497 Olive Avenue (Citrus Road to Cotton Lane). 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. Page 1 of 4 Subject: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Assessor's Parcel No. 502-10-976C Item No. D23345-1 (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 MAR1COPA AGREES: A. To use the property described herein 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 Seventeen and No/100 Dollars ($817.00) 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. THE GRANTORS AGREE: 1. 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. 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 Seventeen and No/100 Dollars ($817.00) as payment in full for one year. Additional time, if reqoired will be paid in monthly increments based on the initial annual rate. 4. 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. Page 2 of 4 Subject: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Assessor's Parcel No. 502-10-976C Item No. D23345-1 (RES) Dated this _ (4 day of CAA ,2017. Thorna Mills (dgnature STATE OF ARIZONA ) ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this /11 day of RarGh 2017 by Thomas Mills, an unmarried man. My Commission Expires eel //7/.9400.0 OFFICIAL SEAL KRISTOFER LERVOLD Notary Pc - State ql Arizona MARICOPA COUNTY My Comm Expires Feb. 17, 2020 Notary Stamp Seal Page 3 of 4 Subject: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Assessor's Parcel No. 502-10-976C Item No. D23345-1 (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 4 of 4 Parcel No. 502-10-976C Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. D23345-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 2004-0573662, records of Maricopa County lying within Tract C of Lot 4164 of Resubdivision of Unit no. 38 of Ramola of Arizona Grapefruit Unit, according to Book 18, of Maps, Page 38, records of Maricopa County, Arizona and being a portion of Section 35, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona 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 2,65a76 feet and from which the East quarter corner of said Section 35 bears South 00°17'28" West a distance of 2,647.90 feet; thence along the North line of said Northeast quarter, North 89°5747" West a distance of 873.65 feet; thence leaving said North line, South 00°17'28" West a distance of 40.00 feet to the Northeast corner of the said property described in Document Number 2014-0476960 and also the POINT OF BEGINNING; thence along the East line of said property, South 00°17'28" West, a distance of 20.00 feet; thence North 89°57'47" West, a distance of 194.32 feet; thence South 00°02'13" West, a distance of 23.00 feet; thence North 89°57'47" West, a distance of 42.48 feet to a point on the West line of said property; thence along said West line, North 00°17'28" East a distance of 43.00 feet to a point on the North line of said property; thence along last said North line, South 89°57'47" East a distance of 236.70 feet to the POINT OF BEGINNING. The above described parcel contains 5,710 square feet or 0.1311 acres, more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelint:1-27-2016 Chk: Appr: Rev: 09/02/16 _lb Maricopa County Public Works — Real Estate Division EXPIRES 12/3112018 GRANTOR EXHIBIT "A"