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RETURN TO: Maricopa County Real Estate Division EXEMPT ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 101-12-632 Project No . : MCDOT TT0345, MC85 (Buckeye Road) - 95th Avenue to 75 th Avenue Item No.: D22673-1 (SS) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, ,IBS TOLLESON, INC., an Arizona corporation which acquired title as SUN LAND BEEF COMPANY, an Arizona corporation, GRANTORS, for and in consideration of the sum of Two Thousand Eight Hundred Ninety-Seven Dollars and 00/100 ($2,897.00), receipt of which is hereby acknowledged, do hereby grant and convey to MAR1COPA COUNTY, a political subdivision of the State of Arizona, its successors, and assigns, GRANTEE, 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 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 TT0345. 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.: 101-12-632 Project No.: MCDOT TT0345, MC85 (Buckeye Road) - 95 th Avenue to 75 th Avenue Item No.: D22673-1 (SS) 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 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 $2,897.00 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. THE GRANTORS AGREE: 1. To grant a temporary construction easement for the property described herein 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 $2,897.00 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, 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. Parcel No.: 101-12-632 Project No.: MCDOT TT0345, MC85 (Buckeye Road) - 95th Avenue to 75th Avenue Item No.: D22673 (SS) Dated this 12-LP day of 301/4ntA011(9 , 20 ri . GRANTOR: JBS TOLLESON, INC., an Arizona corporation which acquired title as SUN LAN°I F COMPANY, an izona corporation L -° 41111 (Title) STATE OF C.CA (Wad (.) ) ss. COUNTY OF IAhtid The foregoing instrument was acknowledged before me this '2-(1) day of 20_a_, by A\cxyl P-1 Bt..rc its s of (Name of officer or agent) (Title) JBS TOLLESON, INC., an Arizona corporation which acquired title as SUN LAND BEEF COMPANY, an Arizona corporation, on behalf of the corporation. 111 My Commission Expires Kelt/ embe r 20t AI Notary Pubic (signature) • ASHLEY RENEE SCHLEIN Notary Public State of Colorado Notary ID 20154044220 1.) My Commission Expires Nov 12, 2019 Notary Stamp Seal Parcel No.: 101-12-632 Project No.: MCDOT TT0345, MC85 (Buckeye Road) - 95th Avenue to 75 til Avenue Item No.: D22673-1 (SS) RECOMMENDED FOR APPROVAL: Right-of-Wa0Ygent 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 Parcel No. 101-12-632 Project No. TT345 MC-86 at 83RD AVENUE and CENTER TURN LANE EXPANSION Item No, 022673-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENTS Two parcels of land being a portion of Lot 1, JBS Tolleson Final Plat, as recorded in Book 1101 of Maps, Page 38, Maricopa County Recorder's Office, being a portion of the Southwest quarter of Section 10, Township 1 North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: PARCEL ONE: COMMENCING at the Southwest corner of said Section 10, from which the West quarter corner bears North 00 00307" East, a distance of 2,688.87 feet and the South quarter corner bears North 84°24'53" East, a distance of 2,547.09 feet; thence North 00 003'07" East along the West line of said Southwest quarter of Section 10, a distance of 280.42 feet; thence leaving said West line, South 89'56'53" East a distance of 55.00 feet to a point on the East line of the West 55 feet of said Southwest quarter and the POINT OF BEGINNING; thence along said East line, South 00°03'07" West a distance of 43.88 feet; thence North 84°24'53" East, a distance of 7.25 feet; thence North 00°03'07" East, a distance of 43.17 feet; thence South 90°00'00" West, a distance of 7.21 feet to the POINT OF BEGINNING, containing 314 square feet or 0.0072 acres, more or less. PARCEL TWO COMMENCING at the Southwest corner of said Section 10, from which the West quarter corner bears North 00°03'07" East, a distance of 2,688.87 feet and the South quarter corner bears North 84'24'53" East, a distance of 2,547.09 feet; thence North 84°24'53" East along the South line of said Southwest quarter of Section 10, a distance of 961.96 feet; thence leaving said South line, North 05'35'07" West a distance of 55.00 feet to a point on the North line of the South 55 feet of said Southwest quarter and the POINT OF BEGINNING; thence along said North line, South 84°24'53" West a distance of 64.92 feet; thence North 58 030'35" West, a distance of 23.13 feet; thence South 82°28'57" West, a distance of 65.14 feet; thence North 05°35'07" West, a distance of 28.25 feet; thence North 84°24'53" East, a distance of 117.36 feet; thence North 05°35'00" West, a distance of 34.66 feet; thence North 84'24'53" East, a distance of 30.44 feet; thence South 06°06'19" East, a distance of 74.66 feet to the POINT OF BEGINNING containing 6,027 square feet or 0.1384 acres, more or less. PARCEL THREE: COMMENCING at the Southwest corner of said Section 10, from which the West quarter corner bears North 00°03'07" East, a distance of 2,688.87 feet and the South quarter corner bears North 84°24'53" East, a distance of 2,547.09 feet; thence along the South line of said Southwest quarter of Section 10, North 84°2453" East a distance of 1350.53 feet; thence leaving said South line, North 05°35'07" West a distance of 55.00 feet to a point on the North CONTINUING Page 1 of 2 line of the South 55 feet of said Southwest quarter of Section 10 and the POINT OF BEGINNING; thence continuing, North 05°35'07" West a distance of 29.80 feet; thence North 84°24'53" East, a distance of 35.39 feet to a point on the East line of the said Lot 1, JBS Tolleson Final Plat; thence along said East line, South 00 004'30" West a distance of 10.30 feet; thence South 84°00'00" West, a distance of 6.83 feet; thence South 36°24'45" West, a distance of 26.23 feet to a point on the North line of the South 55 feet of said Southwest quarter; thence along last said North line, South 84°24'53" West a distance of 10.00 feet to the POINT OF BEGINNING, containing 725 square feet or 0.0166 acres, more or less. The two above described parcels together contain 7,066 square feet or 0.1622 acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 06/17/15 jb Chk: Appr: Rev: 9/28/15, 11/18115 jb: 03/15/16 jb; 06/09/16 jb, Ma ricopa County Public Works - Real Esfate ivision EXPIRES 12 /3112017 EXHIBIT "A" Page 2 of 2 T.S. 10.30' 6.83' S1/2017 S00041301'W 100V 121 8841313 /1\j11,21.0 2,547.09 DETAILA EXPIRES 24`5TIE 3 —1 \ DETAIL \ _ 53;c ROAM (TCE): 26.23' 35.39' RIW-2 TCE-3 10,00' 29.80' 1350,53' TCE-3 EASEMENT ACRES ACRES ACRES ACRES 145'W 107W 55.00' CO (BUCKEYE 0.0072 0.1384 0.0166 0,1622 P.M. ib S36°24 N84°24'53E 884°24'53V W BEEF TCE-2 OR OR OR OR Agent: Tech: N05°35 05°35'07° D22673-1 LAND 101-12-632 H1GI-MAY CONSTRUCTION FEET FEET FEET FEET RiW N SUN NICK SQUARE SQUARE SQUARE SQUARE g t •••I•• TEMPORARY 314 6,027 725 1066 7 TCE-2 E,2, a • D22673-1 ICE-1: TCE-2: TCE-3: TOTAL: EXPANSION M.C.D,O.T. 961.96 785.A1' I•II•••• DIVISION LANE •••••.......'..".•••• 06-09-16 6.14: 84`)24'VE — — — — ESTATE TURN 2 30.44 E 34.66' lN 117361 E -g-4°57-11 $6215111 N R/W RAN LINE LINE DATE DETAIL 840241531' 66'3506" 8424'53' - DE 414511- LEGEND: EXIST. NEW PROP. SEC. REAL CENTER N N N ICE ARNIM WORKS and 3-1 721" SO003'07"\AI """ D2267 TCE-1 43.88 NO04'03071 /v t 101-11-002J AVENUE No, S90T0'00"W 43.17' N84°24531 PUBLIC ITEM 1-7 7.25' TCE 83rd / at ---- 85 9!4- 1—> MC No,TT345 / fLU S89°5653"E 55.001 DETAIL PROJECT