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WHEN RECORDED RETURN TO: Maricopa County Public Works Real Estate Division [RES] EXEMPT ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 304-89-027N Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23239 KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Ramiro Ramirez and Manuelita Ramirez, husband and wife as joint tenants with right of survivorship, GRANTOR, for and in consideration of the sum of Three Thousand Five Hundred Ten Dollars and no/100 Dollars ($3,510.00) 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 TT406 Riggs Road (Power Road to Hawes Road). 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 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. Hi ff it Hf Hf Ml Ml Hf Mf Mf if Mi Mf Ml it Hf /if Mf Page 2 of 4 Parcel No.: 304-89-027N Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23239 ZL | Dated this 7 _day of J y 2016. , Manuelita Ramirez STATE OF ARIZONA ) )§ COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this _7 day of ' 2016, by Ramiro Ramirez and Manuelita Ramirez, husband and wife as joint ith right of survivorship. . P _de My Commission Expires ad ) Aol? oOo" Notary Publis: sipnaturey) Notary Stamp Seal Page 3 of 4 Parcel No.: 304-89-027N Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23239 RECOMMENDED FOR APPROVAL: Kae M1. Seog Right-of-Way Acquisition 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 ZK Was poli Deputy County Attorney Date /// Mf /// /// // M1 /// /// Page 4 of 4 Parcel No. 304-89-027N Project No, TT406 RIGGS ROAD (FROM POWER ROAD TO HAWES ROAD) Item No, D23239-1 EXHIBIT “A” LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document number 2004-1014688 records of Maricopa County Recorder (MCR) said property aiso being a portion of Lot 9 of Chander Heights Citrus Tract Unit No. 3127, as recorded in Book 21, Map 20 MCR, lying within Section 31, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona described as follows: COMMENCING at the Northeast corner of Said Lot 9; THENCE along the East line of said Lot 9, South 00°37°34” East a distance of 52.01 feet; THENCE leaving said East line North 45°05'47” West a distance of 21.41 feet to the POINT OF BEGINNING; THENCE North 89°34'00" West a distance of 195.00 feet; THENCE South 00°26’00” West a distance of 60.00 feet; THENCE South 89°34'00" East a distance of 195.00 feet; THENCE North 00°26’00” East a distance of 60,00 feet to the POINT OF BEGINNING, The above described parcel contains 11,700 square feet or 0.2686 Acres more or less, Page 1 of | MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prefim; 5-14-15 i Chk: | Appr: Rev: Maricopa County Public Works ~ Real Estate Division _ GRANTOR DATE 2-FWe EXUIBIT “A”