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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.: 10114-002A, 008L Project No.: TT0511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22566-1 (JR) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, GR and DV Properties, LLC, an Arizona limited liability company, GRANTORS, for and in consideration of the sum of Four Thousand Eight Hundred Thirty Four and No/100 DOLLARS ($4,834.00) 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 ! of 4 Parcel No.: 101-14-002A, 008L Project No.: TT0511 Project Name: MC85 at 83"I Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22566-1 (JR) 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 Four Thousand Eight Hundred Thirty Four and No/100 DOLLARS ($4,834.00)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 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 Four Thousand Eight Hundred Thirty Four and No/100 DOLLARS ($4,834.00) 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 . : 101-14-002A, 008L Project No.: TT0511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No . : D22566-1 (JR) Dated this //Pt day of riff( ( , 20 17. GRANTOR: G11 and DV Properties, LLC, an Arizona limited liability company By: Its: (Title) STATE OF ) § COUNTY OF WarlitOroi The foregoing instrument was acknowledged before me this Viril day of fly , 20 11 , by i' r7e2,. its ,12;ee-sid92/ti/ of (Name of Officer) (Title) GR and DV Properties, LLC, an Arizona limited liability company on behalf of the company. My Commission Expires 5 `V; I P)2/0 Ii1CM 0 Natary Publit (si ature) Notary Stamp Seal Page 3 of 4 Parcel No,: 101-14-002A, 008L Project No. : TT0511 Project Name: MC85 at 83 1d Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22566-1 (JR) RECOMMENDED FOR APPROVAL: 4/4e/Pr 61:417; Right-4f-Way Adent LI 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 HI Page 4 of 4 Parcel No. 101-14-002A, 008L Project No. TT511 MC-85 at 83'd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. D22566-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2015-0560942, Maricopa County Records, lying within the Northwest quarter of Section 16, 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 North quarter corner of Section 16, from which the Northwest corner of said Section 16 bears South 89°55'27" West, a distance of 2633.95 feet; THENCE along the North midsection line South 01°19'12" West, a distance of 66.02 feet to the POINT OF BEGINNING; THENCE departing said midsection line South 89 055 127" West, a distance of 60.78 feet; THENCE South 00°04'33" East, a distance of 40.80 feet; THENCE South 89°55'27" West, a distance of 105.00 feet; THENCE North 00°04'33" West, a distance of 40.80 feet; THENCE South 89°55'27" West, a distance of 26.17 feet to the West line of said property; THENCE along said West property line South 10°51'06" West, a distance of 27.11 feet; THENCE South 00°43'34" West, a distance of 57.05 feet; THENCE departing said West property line North 89 035 121" East, a distance of 157.01 feet; THENCE South 00°00'00" West, a distance of 23.96 feet; THENCE North 89 056 151" East, a distance of 38.31 feet to the said North midsection line, also being the East line of said property; THENCE alOng said North midsection line North 01°19'12" East, a distance of 106.75 feet to the POINT OF BEGINNING. The above described parcel contains 12,890 square feet or 0.2959 Acres more or less. Page 1 of 1 MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: EXPIRES 12 / 31 12017 Maricopa County - Real Estate Division GRANTOR: DATE EXHIBIT "A" EXIST R/W N. T . S. MC 85 N89° 55'32"E N89°55'27E 2633.95' 2633.97' SEC LN POB EXIST R/W MIENIMEIIIIIIIIMEIffi MI INK =II L5 Ite,ir, 'A Li —ii NEW R/W :19 L10 022566 LN GR and DV 022566 Properties SEC GR and DV 101-14-008L Properties MID 101-14-002A NO. BEARING LENGTH L1 S 8905527" W 60.78' L2 S 00°04'33" E 40.80' L3 S 89°55'27" W 105.00' L4 N 00'04'33" W 40.80' L5 S 8955'27" W 26.17' L6 S 10°51'06" W 27.11' L7 S 0004334" W 57.05' L8 N 89°35'21" E 157.01' MOCAtr§ L9 S 00°00'00" W 23.96' c,C fko L10 N 89°56'51" E 38.31' KENNETH 22260 W. L11 N 01°19'12" E 106.75' GREEN arcr,z2,ze/Q., L12 S 01°19 112"W 66.02' D22566-1 Temporary Construction Easement: 12,890 square feet or 0.2959 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. 11511 ITEM No. 022566-1 DATE 9-15-16 M.C.D,O.T. R/W Tech: Agent: RES M.P.