R. D22671-1.PDF

WHEN RECORDED RETURN TO:
Maricopa County Real Estate Division
Exempt ARS 11-1134, A2
TEMPORARY CONSTRUCTION EASEMENT AND
AGREEMENT FOR HIGHWAY PURPOSES
Parcel No.: 101-05-0015
Project No. TTO5 H
Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22671-1 (KGR)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Holsum Bakery, Inc., an Arizona corporation, GRANTOR, for and in
consideration of the sum of One Thousand Three Hundred Sixty-Five and No/100
DOLLARS ($1,365.00) 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 ("Easement Area")
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, except as set farther in this agreement, by Maricopa County, and that the property shall
be used during the period of construction of Project Number TT0511, as set forth below.
That Marieopa 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 4
31157831

Parcel No.: 101-05-001S
Project No.: TT0511
Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22671-1 (I(GR)
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
in connection with the construction of this project.
B. To make this Temporary Construction Easement and Agreement effective upon upon the
commencement of construction for the duration of one year with the option to extend this
agreement for an additional one year, by prior written notice to Grantor. The County of Maricopa
agrees to not unreasonably interfere with the business operations on Grantor's property adjacent
to the Easement Area.
C. To pay the Grantor, the sum of One Thousand Three Hundred Sixty-Five and No/100
DOLLARS ($1,365.00) 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 but at the sole cost
of Maricopa County, except as may be herein otherwise agreed. Any ground cover disturbed
from its original state will also be replaced to substantially the same condition as existed prior to
the disturbance by Maricopa County, at Maricopa County's expense.
E. That no costs relating to construction of Project No. TT051 I 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 in
connection with the construction of this project.
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 as set forth above.
3. To accept the sum of One Thousand Three Hundred Sixty-Five and No/100 DOLLARS
($1,365.00) 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, as reasonably necessary for the purpose of accomplishing "D" above and pursuant to
the terms and conditions of "D" above.
Page 2 of 4
31157831

Parcel No.: 101-05-001S
Project No.: TT0511
Project Name: MC85 at 83' d Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22671-1 (KGR)
Dated this '2-.? day of Apri I , 20 17.
GRANTOR: Holsum Bakery, Inc., an Arizona corporation
By:
(fignature)
Its: /1519c31.0,....1 car_
(Title)
STATE OF el
) §
COUNTY OF 1-kOrch01,5
The foregoing instrument was acknoWledged before me this v.) day of
2017, by 1Q9 ok,I5 its AZ;Sikk S-Ceidaf of
(Name of officer or agent) (Title) '
Holsum Bakery, Inc. an Arizona corporation, on behalf of the corporation.
My Commission Expires SO. 2 2) 02-01
Notaa Public
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Notary Stamp Seal
Page 3 of 4
31157831

Parcel No.: 101-05-001S
Project No.: TT0511
Project Name: MC85 at 83 16 Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22671-1 (KGR)
RECOMMENDED FOR APPROVAL:
,
Right-of-Way Xgent 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
31157831

Parcel No. 101-05-001S
Project No. TT511
MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107th AVENUE to 95th AVENUE
Item No. D22671-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENTS
Two parcels of land being a portion of that property as described in Document 1998-0555758,
Maricopa County Records, lying within the Southwest quarter of Section 9, Township 1 North, Range
1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more
particularly described as follows:
PARCEL ONE:
COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said
Section 9 bears North 89°55'27" East, a distance of 2633.95 feet;
THENCE along the South line of said Section 9 North 89 055'27" East, a distance of 1619.48 feet;
THENCE departing said South section line North 00 00303" West, a distance of 65.00 feet to the
existing North right of way line of MC 85, also being the Southwest corner of said property and the
POINT OF BEGINNING;
THENCE along said North right of way line North 89°55'27" East, a distance of 18.99 feet;
THENCE departing said North right of way line North 00'03'03" West, a distance of 15.00 feet; th
THENCE South 89°55'27" West, a distance of 18.99 feet to the existing East right of way line of 97
Avenue, also being the West line of said property;
THENCE along said East right of way line South 00'03'03" East, a distance of 15.00 feet to the
POINT OF BEGINNING.
The above described parcel contains 285 square feet or 0.0065 Acres more or less.
PARCEL TWO:
COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said
Section 9 bears North 89°55'27" East, a distance of 2633.95 feet;
THENCE along the South line of said Section 9 North 89°55'27" East, a distance of 1927,52 feet;
THENCE departing said South section line North 00°04'33" West, a distance of 65.00 feet to the
existing North right of way line of MC 85, also being the South line of said property and the POINT
OF BEGINNING;
GRANTOR AOC DATE
Page 1 of 2
EXHIBIT "A"

D22671-I (coned)
THENCE along said North right of way line North 89 055'27" East, a distance of 11.25 feet;
THENCE departing said North right of way line North 33 °0743" East, a distance of 22.65 feet;
THENCE North 89055 127" East, a distance of 42.78 feet;
THENCE South 45 006 119" East, a distance of 26.82 feet to said North right of way line;
THENCE along said North right of way line North 89 055 127" East, a distance of 4.59 feet;
THENCE departing said North right of way line North 00 004 133" West, a distance of 44.00 feet;
THENCE South 89 05527" West, a distance of 90.00 feet;
THENCE South 0000433" East, a distance of 44.00 feet to the POINT OF BEGINNING.
The above described parcel contains 2,852 square feet or 0.0655 Acres more or less.
Parcels 1 and 2 combined contain 3,137 square feet or 0.0720 Acres more or less.
Page 2 of 2
OW ICA
KEN2N2E2T6H0 W.
GREEN
4,(7,22i2e 0
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RES 8/10/16 Chk: Appr:
Rev: EXPIRES 12 31 / 2017
Maricopa County - Real Estate Division
GRANTOR NAN DATE 4112-CIP
EXHIBIT "A"

N.T.S. D22671
Ho!sum Bakery Inc
101-05-001S
TCE
PARCEL 2
TCE L11
PARCEL 1
ROB L7 j _1,2
—1 EXIST R/W
L5 L9
MC 85
1927.52'
N89 055'27"E 2833.95'
EXIST R/W
NO. BEARING LENGTH
Li N 89°55'27" E 18.99'
L2 N 00°03'03" W 15.00'
L3 S 89°55'27" W 18.99'
L4 S 00°03'03" E 15.00'
L5 N 89°55'27" E 11.25'
L6 N33007'43" E 22.65'
L7 N 89055127" E 42.78'
L8 S 45°0619" E 26.82'
L9 N 89°55'27" E 4.59'
L10 N 00°04'33" W 44.00'
Ll 1 S 89°55'27" W 90.00'
L12 S 00°04'33" E 44.00'
L13 N 00 003 103" W 65.00'
L14 N 00°04'33" W 65.00'
D22671-1 Temporary Construction Easements:
Parcel 1: 285 square feet or 0.0065 acres
Parcel 2: 2,852 square feet or 0.0655 acres EXPIRES 12/31/2017
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No. 11511 I ITEM No. D22671-1 I DATE 9-15-16 I M.C.D.O.T, R/W Tech; Agent: RES M.P.