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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.: 304-90-035H Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23262 [RES] KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Donald Rosonke, Jr. an unmarried man, GRANTOR, for and in consideration of the sum of Six Hundred Fifty Six Dollars and no/100 Dollars ($656.00) 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 Marieopa 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 haimless 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 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 Marieopa 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.: 304-90-035H Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23262 (JR) Dated this 3c2 day of SOF /77;2 2016. GRANTOR: Donald Rosonke, Jr. an unmarried man Donald Rosonke, Jr. (signalure STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 36 day ofariernbeit_j 2016, by Donald Rosonke, Jr., an unmarried man My Commission Expires 1/64C4-1 41" j clotarieub ic (signature jr. Ammer Am*.p dip..101•1111. GAY LOUDINE JOHNSON Notary Public - Arizona Mariam Coon1y My Comm. Expires Mar 12, 2020 JIM0.41/411,01111PISIMIPMIOMOIWOMIPNIP.1101.11 Notary Stamp Seal Page 3 of 4 Parcel No.: 304-90-035H Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23262 [RES] RECOMMENDED FOR APPROVAL: 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 Page 4 of 4 Parcel No. 304-90-03511 Project No. TT406 IRIGGS ROAD (FROM POWER ROAD TO HAWES ROAD) Item No. D232624 EXHIBIT "A" LEGAL DESCRIPTION FOR UMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document number 2000-0583530 records of the Maricopa County Recorder (MCR) lying within the West half of the Northwest quarter of the Northwest quarter of the Northeast 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 West 25.00 feet of the South 105,00 feet of the North 190.00 feet of said West half of the Northwest quarter of the Northwest quarter of the Northeast quarter of said Section 32. The above described parcels together contain 2,625 square feet or 0.0603 acres, more or less. Pago 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 5-22-15 Chk: APPE Rev: EXPIRES 3-31-2017 Maricopa County Public Works - Real Estate Division GRANTOR Pit DATE,31_44/6 EXTHEIT "A"