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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 101-15-511 Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23389-1 (TRW) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Estrella Park Homeowners Association, an Arizona non-profit corporation, GRANTOR(S), for and in consideration of the sum of Sixteen and No/100 DOLLARS ($16.00) 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 TT0511, 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 Parcel No.: 101-15-511 Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23389-1 (JRW) 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 Sixteen and No/100 DOLLARS ($16.00) 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. TT0511 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 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 Sixteen and No/100 DOLLARS ($16.00) 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 No.: 101-15-511 Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23389-1 (JRW) Dated this-3 rd day of Al 0( ,2017. GRANT: Estpe,lia Pk Homeowners Association, an Arizona non-profit corporation By: Its: rfX-- D„ uct,A_I (Title) STATE OF Ar', -Loro ) )ss. COUNTY °Pillar tooPe ) The foregoing instrument was acknowledged before me this 3 day of /41 2017, by Rzs y caapirnn its __:e ___51( of (I'VT-am-e ou;' JIUt. J (Title) Estrella Park Homeowners Association, an Arizona non-profit corporation. My Commission Expires Notary Pali& (signature) Nottny Cam Public L. Cornell - AfiZOTIa My Madcap. Commission County Espints JULY 31. 2017 Notary Stamp Seal Page 3 of 4 Parcel No.: 101-15-511 Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23389-1 (JRW) RECOMMENDED FOR APPROVAL: Real Property Branch Manager APPROVED: C. Michelle Colby, SR/WA Date Acting Chief Real Estate Officer 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. 101-15-511 Project No. TT511 MC-85 at 83 AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95 th AVENUE Item No. D23389-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property described as Tract 'A' in Estrella Park, a subdivision recorded in Book 576 of Maps, Page 10, Marieopa County Recorder, lying within the Northwest quarter of Section 17, 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 Northwest corner of Section 17 from which the West quarter corner of said Section 17 bears South 00°11'40" East, a distance of 2670.70 feet; THENCE along the West line of said Section 17 South 00°11'40" East, a distance of 854.39 feet; THENCE departing said West section line North 89 048'20" East, a distance of 55.00 feet to a point on the existing East right of way line of 107 th Avenue; THENCE departing said East right of way line North 89°13'12" East, a distance of 11.11 feet to the POINT OF BEGINNING; THENCE North 8901312" East, a distance of 4.61 feet; THENCE North 00 00458" East, a distance of 14.54 feet to the North line of said property; THENCE along said North property line South 89°3242" West, a distance of 3.69 feet; THENCE departing said North property line South 03°4124" West, a distance of 14.60 feet to the POINT OF BEGINNING. The above described parcel contains 60 square feet or 0.0014 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: EXPIRES 12 / 31 12017 Maricopa County - Real Estate Division GRANTOR tve.) DATE 17 EXHIBIT "A" N.T.S. POB L5 "E '40 D23389\ S00°11 Estrella Park Home Owners Association 101-15-511 ESTRELLA PARK MCR 576 - 10 NO. BEARING LENGTH LI N 89°13'12" E 4.61' L2 N 00 004 158" E 14.54' L3 S 89°32'42" W 3.69' ;110,4CA N L4 S 03°4124" W 14.60' 22260 KENNETH W. L5 N 89°48'20" E 55.00' GREEN 07/ Z1;2604 L6 N 89°13'12" E 11.11' e . , 'ATel D23389-1 Temporary Construction Easement: EXPIRES 12131 /2017 60 square feet or 0.0014 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No, TT511 ITEM No, D23389-1 DATE 9-15-16 M,C.D.O.T, R/W Tech: Agent: RES P.M.