O. D23261-1.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Division [RES]
EXEMPT ARS 11-1134, A2
TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY
PURPOSES
Parcel No.: 304-90-022A
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23261-1
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS Lorena S. Garcia and Sergio Garcia, husband and wife, GRANTOR, for
and in consideration of the sum of Four Thousand Two Hundred Five and no/I00 Dollars
($4,205.00) 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, 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 TT406 Riggs Road (Power Road to Hawes Road).
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.
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.
Page 1 of 4

Parcel No.: 304-90-022A
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23261-1
THE COUNTY OF MARICOPA AGREES:
A. To use the property described herein for the general welfare and benefit of the public.
B. To the extent permitted by law, GRANTEE agrees to indemnify GRANTOR, from and
against loss, expense, damage, or claim of any nature whatsoever which is caused by any
activity, condition, or event arising out of the non-performance by GRANTEE of any of
its obligations under the provisions of the Agreement. GRANTOR shall in all instances
be indemnified against liability, losses, and damages of any nature for or on account of
injuries to or death of persons or damages to or destruction of property arising out of
GRANTEE'S performance or non-performance of this Easement, except such injury or
damages as shall have been occasioned by the sole or joint negligence of GRANTOR.
The above cost of damages incurred by GRANTOR shall include, in the event of action,
court costs, expenses for litigation, and reasonable attorney's fees.
C. GRANTEE shall have the right to authorize, permit, and license the use of the Property
for utilities or other public purposes not inconsistent with its use as a temporary
construction easement and right-of-entry as determined by GRANTEE.
D. GRANTEE agrees to leave the grade of the land within the temporary construction
easement area in as near the same condition that it is now. The parties understand that
the resulting construction work will not leave the land in exactly the same condition.
THE GRANTORS AGREE:
A. 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.
B. GRANTOR hereby covenants that he is granting this Temporary Construction Easement
and Agreement only to the extent of any interest he may have in the Property.
C. This Easement shall run with the land and shall be binding upon the parties.
D. This easement shall be in effect for a period no longer than one year from the start of
construction activities.
ffl
ffl
II-
ffl
ffl
Page 2 of 4

Parcel No.: 304-90-022A
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23261—
Dated this • I 3 day ofe s.-1,‘ ,2016.
.:,„
fo
ena S. Garcia (signature.)
STATE OF ARIZONA ) STATE NOTARY OF ARIZONA PUBLIC
) § Martoope Mile@ Lopez County
COUNTY OF MARICOPA ) My commissIon Expires September 22,2011
/-7
The foregoing instrument was acknowledged before me this (,) day of 'Num
2016, by Lorena S. Garcia and Sergio Garcia, husband and wife.
My Commission Expires (3e124Cotlyri ,Aot
NOTARY PUBLIC
STATE OF ARIZONA
Morlcope County
DUICe Lopez
My Commission Expires September 22, 20411
Notary Stamp Seal
Page 3 of 4

Parcel No.: 304-90-022A
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D232614
RECOMMENDED FOR APPROVAL:
Apu/At.
.57,7
Right-of-Way Acquisition 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. 304-90-022A
Project No. TT406
RIGGS ROAD
(FROM POWER ROAD TO HAWES ROAD)
Item No, D23261-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A portion of that property described in Document number 2005-0653626 records of the
Maricopa County Recorder (MCR) lying within the East half of the Northeast quarter of
the Northeast quarter of the Northwest quarter of Section 32, Township 2 South, Range
7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion
being more particularly described as follows:
The East 25.00 feet of the South 105.00 feet of the North 190.00 feet of said East half
of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section
32.
The above described parcels together contain 2,625 square feet or 0.0603 acres, more
or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 5-22-15 Chic Appr:
Rev: EXPIRES 3-31.2017
Maricopa County Public Works - Real Estate Division
GRANTOR DATE
ENT17BIT "A"