J. D23329-1.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Division
EXEMPT ARS 11-1134, A2
TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY
PURPOSES
Parcel No.: 502-08-009F
Project No.: 1T0497 Olive Avenue (Citrus
Road to Cotton Lane)
Item No.: D23329-1 'PR]
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS CCI-Fennemore, L.L.C., an Arizona limited liability company,
GRANTOR, for and in consideration of the sum of Six Thousand Five Hundred Twenty
Eight Dollars and 00/100 ($6,528.00) 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
construefion 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

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 sueh 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 pmposes 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 Basement 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.: 502-08-009F
Project No.: TT0497 Olive Avenue (Citrus
Road to Cotton Lane)
Item No.: D23329-1 {JR1
Dated this 2016.
nnemore L.L liakility company
:191
IT'S
STATE OF ARIZONA )
)ss
COUNTY OF,MMA )
The foregoing instrument was acknowledged before me this / day
2016, by CCI-Fennemore L.L.C., an Arizona limited liability company
My Commission Expires "ill
Notary Public (signatute)
...... •• I •4414 OFFIC/AL I,•I SEM. .....
NOTARY RAMC LINCA STATE KAMER OF ACOZONA
Conranloil rind Expilialievedsr County 18, 2018
Notary Stamp Seal
Page 3 of 4

Parcel 502-08-009F
Project No,: TT0497 Olive Avenue (Citrus
Road to Cotton Lane)
Item No.: D233294 L.IR]
RECOMMENDED FOR APPROVAL:
Real Property Branch Manager
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By
Chaionan 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

C.
Parcel No V02.08-009F,
Project No, TT497
OLIVE AVENUE
CITRUS ROAD TO COTTON LANE
Item No D23329-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A portion of that property described in Document Number 1999-0828738, records of Maricope
County, Arizona lying within the East half of the Southeast quarter of Section 26, Township 3 North,
Range 2 West of the ella and Salt River ease and Meridian, IVIaricopa County, Arizona, Said portion
more particularly described as follows:
COMMENCING at the Southeast corner of said Section 26 from which the South quarter corner bears
North 89057'47" West a distance of 2,65910 Wend from which the East quarter corner bears North
00°16'32" East a distance of 2,636.74 feet; thence along the South line of the Southeast quarter of
said Section 26, North 89°57'47" West a distance of 233,00 feet; thence leaving said South line, North.
00°1632" East a distance of 65,00 feet to the POINT OF BEGINNING; thence North 86°34'17" West,
a distance of 440.24 feet thence South 34°52'02" West, a distance of 26,94 feet; thence North
89028103" West, a distance of 123,38 feet; thence North 89 057147" West, a distance of 518.52 feet to
the West line of said property described in Document Number 1999-0828738; thence along said West
line, North 00°21 139" East a distance of 180.82 feet; thence leaving said West line, South 89°34'08"
East a distance of 27:79 feet thence South 00 005'05" WeSt, a distance of 150.63 feet; thence South
89057 147" East, a distance of 489.84feet; thence North 00°02'13" East, a distance of 45.00 feet;
thence South 80'28'03" East, a distance of 513.45 feet; thence North 30°31 157" East, a distance of
129.23 feet to the East line of said property; thence along said East line, South 00°16'32" West, a
distance of 186.92 feet to the POINT OF BEGINNING.
The above described parcel contains 61,762 square feet or 1.4179 aores,-more or fes.
50064
RICHARD T.
WAAGE
1V1ARiCOPA COUNTY DEPARTMENT OF TRANSPORTATION
Pollar3-30-2016 1 Appr:
Rev: 09103116 jb EXEIRES121 1/418 '
Marloopa CountyPnblic Work- I1 Ditsion
C-RAWO DATE /6,2
Exmar
Page 1 of