D. 23327-1.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Division
EXEMPT ARS 11-1134, A2
J KS
TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY
PURPOSES
Parcel No.: 502-08-001C
Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane)
Item No.: D23327-1 [JR]
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KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS Frank Conforti as Trustee of the Frank Conforti Revocable Trust,
U/T/A dated October 16", 2001, as to an undivided one-half interest and Concetta
Conforti, as Trustee of the Concetta Conforti Revocable Trust, U/T/A dated October 16",
2001 as to an one-half interest, GRANTOR, for and in consideration of the sum of One
Thousand Five Hundred Fifty Dollars and 00/100 ($1,550.00) 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.
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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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Parcel No.: 502-08-001C
Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane)
Item No.: D23327
Dated this @ dayot /léwveg4 G7 _,2016.
Frank Conforti as Trustee of the Frank Conforti Revocable Trust, U/T/A dated October
16", 2001, as to an undivided one-half interest and Concetta Conforti, as Trustee of the
Concetta Conforti Revocable Trust, U/T/A dated October 16", 2001 as to an one-half
interest
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Prank Conforti, Truste¢ Concetta Conforti, Trustee ”
STATE OF “ZL¢;/Aby S_)
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COUNTY OF J
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The foregoing instrument was acknowledged before me this G th day of Navembure
,
2016, by Frank Conforti as Trustee of the Frank Conforti Revocable Trust, U/T/A dated
October 16", 2001, as to an undivided one-half interest and Concetta Conforti, as Trustee
of the Concetta Conforti Revocable Trust, U/T/A dated October 16", 2001 as to an one-half
interest
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NOTARY PUBLIC ~ STATE OF ILLINOIS :
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Notary Stamp Seal
Page 3 of 4

Parcel No.: 502-08-001C
Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane)
Item No.: D23327-1 [JR]
RECOMMENDED FOR APPROVAL:
Nin doo) bape I deo
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Way 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. 502-08-001C
Project No. TT497
OLIVE AVENUE
CITRUS ROAD TO COTTON LANE
item No. BD23327-1
EXHIBIT “A”
LEGAL DESCRIPTION FOR TEMPORARY GONSTRUCTION EASEMENT
_
‘A portion of that property described in Document Number 2002-0119822, records of Maricopa County,
Arizona lying within the Southeast quarter of the Southwest quarter of Section 26, Township 3 North, Range 2
West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Said portion described as
follows:
COMMENCING at the Southwest corner of the Southwest quarter of said Section 26, from which the South
quarter corner bears South 89°57°33"E, a distance of 2,639.87 feet and from which the West quarter corner
bears North 00°23’37” East, a distance of 2,633.01 feet; thence along the South line of said Southwest quarter,
South 89°57°33 East a distance of 2345.40 feet; thence leaving said South line, North 00°02'27" East a
distance of 75.00 feet to the POINT OF BEGINNING; thence continuing, North 00°02'27" East a distance of
25.00 feet to a point on the North line of the South 100.00 feet of the said Southwest quarter; thence along said
North line, North 89°57'33”" West a distance of 1024.80 feet to the West line of said property described in
Document Number 2002-01 19822 ; thence along said West line, South 00°25'11" West a distance of 10.00
feet; thence South 89°57'33" East, a distance of 724.87 feet; thence South 00°02'27" West, a distance of 20.00
feet; thence South 89°57'33" East, a distance of 190.96 feet; thence North 00°26'45" East, a distance of 5.00
feet to the North line of the South 75.00 feet of said Southwest quarter; thence South 89°57'33" East, a
distance of 109.01 feet to the POINT OF BEGINNING.
The above described parcel contains 15,703 square feet or 0.3605 acres, more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 1/24/16 | Chk: | Appr:
Rev: 07/27/16 jb
Maricopa County Public Works - Real Estate Division
GRANTOR (- ¢: DATE; /- & Let
EXHIBIT “An