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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,: 502-10-976A & 502-10-977A Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23346-1 (.1-RW) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Edward 0. Rees and Sherri L. Rees, husband and wife as joint tenants with right of survivorship, GRANTOR(S), for and in consideration of the sum of Nine Thousand Three Hundred Seventy-Seven and 71/100 Dollars ($9,377.71) 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 Marieopa, State of Arizona, and described as follows: SEE ATTACHED EXIHBIT "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 prop city 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.: 502-10-976A & 502-10-977A Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23346-1 (.1"RW) 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 Seven Thousand One Hundred Eighty and 71/100 Dollars ($7,180.71) as payment in full for removal and replanting of three (3) Cypress trees by Moon Valley Nursery. D. To pay the Grantor the sum of One Thousand One Hundred Ten and No/100 Dollars ($1,200.00) as payment in full for one year for the Temporary Construction Easement. Additional time, if required will be paid in monthly increments based on the initial annual rate. E. To pay the Grantor the sum of Nine Hundred Ninety-Seven and No/100 Dollars ($997.00) as payment in full for the improvements located on the property described herein and broken out as follows: Vinyl Fencing: 110 LE $792.00 Curbing: 32 I.f. $205.00 Site Improvements Total =$997.00 F. 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. G. • That no costs relating to construction of Project No. TT0497 will be charged to the Grantor. Parcel No.: 502-10-976A & 502-10-977A Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23346-1 (TRW) 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 Seven Thousand One Hundred Eighty and 71/100 Dollars ($7,180.71) as payment in full for removal and replanting of three (3) Cypress trees by Moon Valley Nursery. 4. To accept the sum of One Thousand One Hundred Ten and No/100 Dollars ($1,110.00) as payment in full for one year for the Temporary Construction Easement. Additional time, if required will be paid in monthly increments based on the initial annual rate. 5. To accept the sum of Nine Hundred Ninety-Seven and No/100 Dollars ($997.00) as payment in full for the improvements located on the property described herein and broken out as follows: Vinyl Fencing: 110 1.f. $792.00 Curbing: 32 1.f. $205.00 Site Improvements Total =$997.00 6. 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 "F" above. Parcel No.: 502-10-976A & 502-10-977A Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23346-1 (JRW) Dated this F day of , 2017. Grantor(s): I Edward 0. Rees Sherri L. Rees STATE OF ARIZONA ) ss COUNTY OF MARTCOPA ) The foregoing instrument was acknowledged before me this 2 8 day of Apr. with right of 2017, by Edward 0. Rees and Sherri L. Rees, husband and wife as joint tenants My Commission Expires 'awry Public (signature) Notary Stamp Seal Parcel No.: 502-10-976A & 502-10-977A Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23346-1 (JRW) RECO NDED FOR APPROVAL: ight-of-Way Agent Real Property Branch Manager ACCEPTED: IVIARICOPA 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. 502-10-976A, 977A Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. D23346-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 2004-0043811, records of of Unit Maricopa no. 38 County of Romala lying of within Tract D and the West 61.00 feet of Tract E of Lot 4164 of Re-subdivision of Maricopa County, Arizona and Arizona Grapefruit Unit, according to Book 18, of Maps, 2 Page West 38, of the records Gila and Salt River Base and Meridian, being a portion of Section 35, Township 3 North, Range Maricopa County, Arizona described as follows: COMMENCING at the Northeast corner of the Northeast quarter of said Section 35 from which the which North the quarter corner of said section 35 bears North 89°57'47" West a distance of 2,659.76 feet and feet; from thence along East quarter corner of said Section 35 bears South 00°1728" West a distance of 2,647.90 feet; thence leaving said the North line of said Northeast quarter, North 89°57'47" West a distance of corner 873.65 of the said property North line, South 00°17'28" West a distance of 40.00 feet to the Northwest OF BEGINNING; thence along the North described in Document Number 2004-0043811 and also of the 296.89 POINT feet to a point on the East line of said line of said property, South 89°57'47" East, a 00°17'28" distance West a distance of 45,00 feet; thence leaving said East property; thence along said East line, of South 32.03 feet; thence North 00°02'13" East, a distance of 25.00 feet; line, North 89°57'47" West a distance distance of 27.27 feet; thence South 00°02'13" West, a distance of 25.00 feet; thence North 89°57'47" West, West, a a distance of 36.23 feet; thence North 00°02'13" East, a distance of 25.00 feet; thence North 89°57'47" 89°5747" West, a distance of 102,73 feet; thence South 00°02'13" West, a distance of 20.00 thence North North 89°57'47" West, a distance of 36.00 feet; thence North 00°02'13" East, a distance of 20.00 feet; thence North 89'57'47" MO, a distance of 62.52 feet to a point on the West line of said property; thence feet; along thence said West line, North 00°17'28" East a distance of 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 8,366 squar -e feet or 0.1921 acres, more or less. Page 1 0E1 MARICOPA COUNTY Prelim: 1/28/16 Chk: Appr: Rev: 09/02/16 jb; 04/20/17 jb EXPIRES 12 / 31 /2017 GRANTOR DATE 0817/1' EXHIBIT "A" L6 L5 L4 L3 L2 Li NO. N S N N N S 89 89057 S00°17 8905747" 00002113" 057147" 00°02'13" 0001728" BEARING 2,659.76' 147" W W W E W W 128W 40.00' TCE: 36.23' 25.00' 27.27' 25.00' 32.03' 45.00' LENGTH 8,366 SQUARE L12 L11 L10 L9 L8 L7 NO. N N N N S N S89057'47"E 873.65' OLiVE FEET 89 00 00 - or 00017128" 057147" 00°02'13" 89057147" 002113" 002113" BEARING Edward L9 a • 0.1921 E W E W W E 502-10-976A & D23346 Sherri N89057'471W ACRES L. 102.73' 296.89' AVENUE 20.00' 62.52' 20.00' 36.00' 20.00' 25.00' LENGTH Rees N89°57`47"W1:17 MORE - L L6 _ OR LESS. 502-10-977A 023346 EXPIRES 12 KENNETH 22260 "VCA7-6--=I-s: N.T.S. 131 W. 4fq /2017 UI LLI 44— s_ L.) Cr) CD CA I— CD CD LLI PROJECT NolT497 ITEM No. D23346- 1 DATE 04-20-20 17