I. D23328-1.PDF

Maricopa County
Real Estate Division
EXEMPT ARS 11-1134, A2
Se nw
TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY
PURPOSES
Parcel No.: 502-83-147
Project No.: TT0497 — Olive Avenue
Citrus Road to Cotton Lane
Item No.: D23328-1 (JRW)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS WEST OLIVE 43, LLC, an Arizona limited liability company,
GRANTOR, for and in consideration of the sum of Five Hundred Seventy-Five and No/100
Dollars ($575.00) 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.
Page 1 of 4

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.
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Page 2 of 4

Parcel No.: 502-83-147
Project No.: TT0497 — Olive Avenue
Citrus Road to Cotton Lane
Item No.: D23328-1 (JRW)
by
/b a Nivemhar
Dated this day of , 2016.
WEST VE 43, LLC, Arizona limited liability company
DuytEn. wy)
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Ling
Giang Fa LL&
Its: Wing
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA)
The foregoing instrument was acknowledged before me this AC day of Nowe ber
2016, by WEST OLIVE 43, LLC, an Arizona limited liability company.
Proll
3| 14 | 19 SA
My Commission Expires
Notary Public (signature)
Stetson Powell
Notary Public
Maricopa County, Arizona
“ 3) My Comm. Expires 08-14-19
Notary Stamp Seal
Page 3 of 4

Parcel No.: 502-83-147
Project No.: TT0497 — Olive Avenue
Citrus Road to Cotton Lane
Item No.: D23328-1 (JRW)
RECOMMENDED FOR APPROVAL:
aii Agent 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
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Page 4 of 4

Parcel No, 502-83-147
Project No. TT497
OLIVE AVENUE
GITRUS ROAD TO COTTON LANE
tem No. D23328~1
EXHIBIT “A”
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A portion of that property described in Tract G of Zanjero Pass Parcel 4 Phase 1, in Maricopa
Record, Book 939, Page 17, a subdivision located in the Southeast quarter of Section 26, Township
3 North, Range 2 West of the Gila and Sait River Meridian, Maricopa County, Arizona. Said portion
more particularly described as follaws.
COMMENCING at the Southeast corner of said Section 26 from which the South quarter corner
bears North 89°57'47” West a distance of 2,659,76 feet and 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 1928.58 feet; thence leaving said
South line, North 00°02'13" East a distance of 100.00 feet fo a point on the West line of said Tract G
and also the POINT OF BEGINNING: thence along said West fine, North 00°02'13" East a distance
of 5.00 feet; thence leaving said West line, South 89°57'47" East, a distance of 552.13 feet; thence
North 00°02'13" East, a distance of 146.15 feet thence South 89°34'08" East, a distance of 17,99
feet to a point on the East line of said Tract G; thence along said East line, South 00°21'39" West a
distance of 151.03 feet to the North line of the South 100.00 feet of said Northeast quarter; thence
along thé said North line, North 89°57'47" West a distance of $69.26 feet to the POINT OF
BEGINNING.
The above described parcel contains 5,474 square feet or 0.1243 acres, more or Jess,
Page I of I
MARICOPA. COUNTY DEPARTMENT OF TRANSPORTATION
Pretina:1-27-2016 Chk: | Appr:
Rev: 09/04/16 jb
|
: Maricopa County Publio Works — Real Estate Division EXPIRES 12/31/2018
BA i S A
GRANTOR Z DATE
EXHIBIT “4”