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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.: 101-20-424 Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22559-I (IRW) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Madrid Place Homeowners Association, an Arizona non-profit corporation, GRANTOR(S), for and in consideration of the sum of Nine Hundred Twenty- Five and No/100 DOLLARS ($925.00) 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.: 101-20-424 Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22559-1 (TRW) 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 Nine Hundred Twenty-Five and No/100 DOLLARS ($925.00) 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: I. 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 Nine Hundred Twenty-Five and No/100 DOLLARS ($925.00) 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.: 101-20-424 Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22559-1 (JRW) Dated this 6, day of ,2017. GRANTOR: adrid Place Homeowners Association, an Arizona non-profit corporation 141. viv By: (Signature) It's: (Title) STATE OF SS . COUNTY OFW The foregoing instrument was acknowledged before me this 0(0 day of 2017, by . A-12-42\eN.5.(1-kA C 4Q..CUANSVIS its (e.S cXe of (Name of Officer) (Title) Madrid Place Homeowners Association, an Arizona non-profit corporation. My Commission Expires 9-0 Notary Stamp Seal Page 3 of 4 Parcel No.: 101-20-424 Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22559-1 (JRW) 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. 101-20424 Project No. TT5Il MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107rl1 AVENUE to 95th AVENUE Item No. D22559-I EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2003-1675044, Maricopa County Records, lying within the Northeast quarter of Section 18, 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 Northeast corner of Section 18, from which the North quarter corner of said Section 18 bears North 89°51'43" West, a distance of 2607.93 feet; THENCE along the North line of said Section 18 North 89°51'43" West, a distance of 1213.04 feet; THENCE departing said North section line South 00 008 1 17" West, a distance of 76.30 feet to the existing South right of way line of MC 85 and the POINT OF BEGINNING; THENCE departing said South right of way line South 45°11'15" West, a distance of 1.50 feet; THENCE South 89 007'29" East, a distance of 947.61 feet; THENCE North 83 053 140" West, a distance of 66.92 feet to the said South right of way line, also being the North line of said property; THENCE along said South right of way line North 89 027 107" West, a distance of 879.93 feet to the POINT OF BEGINNING. The above described parcel contains 3,361 square feet or 0.0771 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: Maricopa County - Real Estate Division EXPIRES 12 / 31/2017 GRANTOR ..)22/2"--\ DATE Li— EXHIBIT "A" D22559 Madrid Place Homeowners Association 101-20-424 NO. BEARING LENGTH Li S 45°11'15" W 1.50' L2 S 89°07'29" E 947.61' L3 N 83°53'40" W 66.92' L4 N 89°27b07" W 879.93' L5 S 00°08'17" W 76.30' D22559-1 Temporary Construction Easement: 3,361 square feet or 0,0771 acres EXPIRES 12 / 31 /2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. TT511 ITEM No. 022559-1 DATE 9-15-16 M.C.D.O.T, R/W Tech: Agent: RES P.M.