S. D23335-1, D23336-1, D23342-1.PDF
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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.: 502-10-007A, 007E, 502-10-982, 502-10-007Q Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No. :D23335-1, D23336-I and D23342-1 KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Sunset Tartesso, LLC, an Arizona limited liability company, for and in consideration of the sum of Six Thousand Eight Hundred Fifty Dollars and 00/100 ($6,850.00) 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 TT0497 Olive Avenue (Citrus Road to Cotton Lane) 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. THE COUNTY OF MARICOPA AGREES: A. To use the property described herein for the general welfare and benefit of the public. Page 1 of 4 Parcel No.: 502-10-007A, 007E, 502-10-982, 502-10-007Q Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.:D23335-1, D23336-1 and D23342-1 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-perfointance 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. Page 2 of 4 Parcel No.: 502-10-007A, 007E, 502-10-982, 502-10-007Q Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No. :D23335-1, D23336-1 and D23342-1 Dated this day of r._6r. L. oil . 20 fl . Grantor: Sunset Tartesso, LLC, an Arizona limited liability company BYAN Dr') Ze d fij ITS: STATE OF ) COUNTY OF MI6 01P }ss The foregoing instrument was acknowledged before me this day offilb_aj i 20 Li, by Sunset Tartesso, LLC, an Arizona limited liability company My Commission Expires pair, iq i Notary g ic (signature) AMY L. BRINSON Notary Public - Arizona Marlcopa County My Comm. Expires Mar 19, 2017 'Mr Notary Stamp Seal Page 3 of 4 Parcel No.: 502-10-007A, 007E, 502-10-982, 502-10-007Q Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No . D23335-1, D23336-1 and D23342-1 RECOMMENDED FOR APPROVAL: I I .11,A IP mm11 a, ' • ilt .fflr 6.-dry fr Right .1-Way f.‘ gen eal Property Brandh 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. 502-10-007A, 007E Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No, D23335-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 2013-0196066, records of Maricopa County lying within Tracts A, B, C, D and 2 of Lots 4068 through 4071, inclusive and Tract A of Lot 4072 of Resubdivision of Unit no. 38 of Romola of Arizona Grapefruit Unit, according to Book 18, of Maps, Page 38, records of Maricopa County, Arizona and being a portion of Section 35, Township 3 North, Range 2 West of the Gila and Salt River BaSe and Meridian, Maricopa County, Arizona described as follows: COMMENCING at the Northwest corner of the Northwest quarter of said Section 35, from which the West Quarter corner bears South 00°18'17" West, a distance of 2,639.68 feet and from which the North quarter corner bears South 89°57'33" East, a distance of 2,639,87 feet; thence along the West line of said Northwest quarter, South 00°18'17" West a distance of 1052.03 feet; thence leaving said West line, South 89°41'43" East a distance of 33.00 feet to a point on the East line of the West 33.00 feet of said Northwest quarter also being the POINT OF BEGINNING; thence continuing, South 89°41'43" East, a distance of 32.00 feet to a point on the East line of the West 65.00 feet of said Northwest quarter; thence along last said East line, North 00°1817" East a distance of 829.35 feet; thence leaving last said East line, South 89°56'59" East a distance of 20.00 feet; thence North 00'18'41" East, a distance of 20.00 feet; thence South 89°57'01" East, a distance of 118.00 feet; thence North 00°18'17" East, a distance of 163.00 feet to a point on the South line of the North 40.00 feet of said Northwest quarter; thence along said South line, South 89°57'33" East a distance of 478.14 feet; thence leaving said South line. South 00°18'17" West a distance of 30,00 feet; thence North 89°57'33" West, a distance of 448.14 feet; thence South 00'1817" West, a distance of 163.00 feet; thence North 89°57'33" West, a distance of 138.00 feet to a point on the East line of the West 95_00 feet of said Northwest quarter; thence along fast said East line, South 0018'17" West a distance of 849.46 feet; thence leaving last said East line, North 89°41'43" West a distance of 62.00 feet; thence North 00°18'17" East, a distance of 30.00 feet to the POINT OF BEGINNING, The above described parcel contains 49,418 square feet or 1.1345 acres, more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelirn: 1-22-2016 1 Chic Rev: 07-20-16 jb Maricopa County Public Works - Real Estate Division EXPIRES 12131/2017 it_ DATE V1(C) GRANTOR EXHIBIT "A" Parcel No. 50240-982 Project No, TY497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. 1)233364 EXIIIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 2015-0151442, records of Maricopa County lying within the Re-subdivision of Unit No. 38 of Rornola of Arizona Grapefruit Unit, according to Book 18 of Maps, Page 38, records of Marieopa County, Arizona lying within Section 35, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian. Said portion being more particularly described as follows: COIVIMENC1NG at the Northwest corner of the Northwest quarter of said Section 35, from which the West Quarter corner bears South00°18 117" West, a distance of 2,639.68 feet and from which the North quarter corner bears South 89°57'33" East, a distance of 2,639.87 feet; thence along the North line of said Northwest quarter, thence South 89°57'33" East, a distance of 1308.75 feet; thence South 00 002127" West, a distance of 40.00 feet to a point on the South fine of the North 40 feet of said Northwest Quarter and also the POINT OF BEGINNING; thence along said South line, North 8905733" West a distance of 3.35 feet; thence South 00 002127" West, a distance of 10.00 feet; thence North 89°57'33" West, a distance of 40.00 feet; thence South 00 002127" West, a distance of 20.00 feet; thence South 89 057133" East, a distance of 43.24 feet to a point on the East line of that said property described in Document Number 2015-0151442; thence along said East line, North 00 014147" East a distance of 30.00 feet to the PUNT OF BEGINNING. The above described parcel contains 899 square feet or 0.0206 acres, more or less. Page 1 of 1 IVIARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 01/20/16 Chk: Appr: Rev: 07/21/16 jb; 11/02/i6 jb Marlcopa County Public Works - Real Estatkpivision EXPIRES 12I31 /2017 GRANTOR DATE 2/7// EXHIBIT "A" Parcel No. 50240-007Q Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. D23342-1 EXHIBIT "A" LEGAL DESCRIPTION FOR A TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 201341196085, records of IVlaricopa County lying within Tract D and E of Lot 4132 of Resubdivision of Unit no. 38 of Ramola ot Arizona Grapefruit Unit, according to Book 18, of Maps, Page 38, records of Maricopa County, Arizona and being a portion of Northeast quarter of Section 35, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Mr cope County, Arizona, more particularly described as 'follows: COMMENCING at the Northeast corner of the Northeast quarter of said Section 35 from which the North quarter corner of said section 35 bears North 89°57'47" West a distance of 2,659,76 feet and from which the East quarter corner of said Section 36 bears South 00°17'28" West a distance of 2,647,90 feet; thence along the North line of said Northeast quarter, North 89°57 147" West a distance of 1586.23 feet; thence leaving said North line, South 00°17'28" West a distance of 40.00 feet to a point on the North line of said property described in Document Number 2013-0196085 and also the POINT OF BEGINNING; thence along last said North line, North 89°57 147" West a distance of 9,52 feet; thence leaving last said North line, South 00°18'17" West a distance of 90,00 feet to a point on the South line the North 130.00 feet of said Northeast quarter; thence along said South line, North 89°57'47" West, a distance of 419.02 feet; thence leaving said South lino, South 00°18'17" West a distance of 10.00 feet; thence South 89°57'47" East, a distance of 424.02 feet; thence North 00°1817" East, a distance of 80.00 feet; thence South 89°57'47" East, a distance of 4.53 feet; thence North 00°17'28n East, a distance of 20.00 feet to a point on the South fine of the North 40.00 feet of the of said Northeast quarter and also the POINT OF BEGINNING. The above described parcel contains 4,781 square feet or 0.1098 acres, more or less. Page I of I MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION chk: Appr: Rev: 08/01/16 jb IVTaricopa County Public Works —Real Estate Divislo EXPIRES 12/31/2018 GRANTOR DATE s11/(7 EXUIBIT "A"