B D22879-5 SW.PDF

Maricopa County — Formal (2016-07-20)

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AGREEMENT FOR RIGHT OF ENTRY
Parcel Nos.: 303-41-004A/004C/004D
Project No.: TT526 — Appleby Road
(Arizona Avenue to the Consolidated Canal)
Item No.: D22879-5 (sw)
James P. Breen and Dawn A. Breen, husband and wife, GRANTORs, for and in
consideration of the sum of One Thousand Five Hundred and NO/100 Dollars, ($1,500.00) 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, a Right of Entry, for the following purposes, namely: The right to enter upon the
hereinafter described land and grade, level, fill, drain, pave, build , maintain, repair and rebuild a
road or highway, including incidental purposes consistent therewith, together with such bridges,
culverts, ramps and cuts as may be necessary, on, over, under and across the ground embraced
within parcels of land situated in the County of Maricopa, State of Arizona, and described as
follows:
See Exhibit “A” for Legal Descriptions

Parcel Nos.: 303-41-004A/004C/004D
Project No.: TT526 — Appleby Road
(Arizona Avenue to the Consolidated Canal)
Item No.: D22879-5 (sw)
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.
B. To pay the Grantor the sum of One Thousand Five Hundred Dollars ($1,500.00) as
payment in full for the right to enter upon the property described herein and for the
purpose of accomplishing “E” and “F” below.
That this permission is not a waiver in any way of the right to compensation for such land
or of any remedy authorized by law to secure payment.
To, without unnecessary delay, negotiate with the Grantor, and all other persons, if any,
having any right, title or interest in said property to agree upon terms of compensation,
and that, if any agreement cannot be reached, Maricopa County will promptly commence
eminent domain proceedings to have such compensation determined.
This Right-of-Entry is granted in consideration of the location, improvement and
construction of such highway and incidents thereto, which it is understood by Grantor that
said entry is required by Maricopa County, and shall continue in effect, for a period of
eighteen (18) months from the date of this instrument, pending such negotiations.
That, if in the opinion of the Transportation Director, it becomes necessary, fences and
ptivate structures will be relocated in kind to the Grantor's property, clear of the above-
described right-of-way, at no expense to the Grantor except as may be herein otherwise
agreed.
That no costs relating to construction of roadway improvements on project TTS26 will be
charged to the Grantor.
HH. Grantee agrees to indemnify and hold harmless Grantor(s) for damages and claims arising
out of the negligent or willful acts or omissions of Grantee, its employees, officers, and
agents, in the exercise of Grantee's rights pursuant to the terms of this Right-of-Entry.
THE GRANTORS AGREE;
1. To grant permission for right of entry for the above described land, for a period of
eighteen (18) months from the date of this instrument, to the County of Maricopa for the
general welfare and benefit of the public.
To accept the sum of One Thousand Five Hundred Dollars ($1,500.00) as payment in full
for the right to enter upon the property described herein and for the purpose of
accomplishing “E” and “F” above.
To hereby covenant that they are lawfully seized and possessed on this aforementioned
tract or parcel of land; that they have a good and lawful right to sell and convey it; and
that they will warrant the title and quiet possession thereto against the lawful claim of all
persons, subject to easements of record.
That, upon the Grantor's signing of this document, the County shall have immediate use
of the property described herein.

Parcel Nos.: 303-41-004A/004C/004D
Project No.: TT526 — Appleby Road
‘(Arizona Avenue to the Consolidated Canal)
Item No.: D22879-5 (sw)
; f ay
Dated this CHtay of }une 2016.
GRANTORS: James P. Breen and Dawn A. Breen, husband and wife.
wh L. 0 (Saue dawn
fo. Putin
Jarhes P. Breen ’ Dawn A. Breen
STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA)
The foregoing instrument was acknowledged before me this 3, day of / lune.» 2016,
by James P. Breen and Dawn A. Breen.
My Commission Expires ad-\O-\9
MARICOPA COUNTY
My Commission Expires
February 10, 2019
Notary Stamp Seal

Parcel Nos.: 303-41-004A/004C/004D
Project No.: TT526 — Appleby Road
(Arizona Avenue to the Consolidated Canal)
Item No.: D22879-5 (sw)
FOR APPROVAL:
a
Be
-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:
LV Wes
Aific
' Date
Deputy County Attorney
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Hf
Mf
Hf
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Parcel No. 303-41-004 A, D and C
Project No. TT410
APPLEBY ROAD
ARIZONA AVENUE TO THE CONSOLIDATED CANAL
Item No. D22879
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SEMPLE RIGHT OF WAY
Parcel A
The North 25 feet of the following described property:
The West half of the East half of the Northeast quarter of the Southwest quarter of Section 15,
Township 2 South, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa County,’
Arizona.
The above described parcel contains 8,250 square feet or 0.1894 Acres more or less.
Parcel D
The North 25 feet of the following described property:
The West half of the East half of the East half of the Northeast quarter of the Southwest quarter of
Section 15, Township 2 South, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona.
The above described parcel contains 4,117 square feet or 0.0945 Acres more or less.
Parcel C
The North 25 feet of the following described property:
The East half of the East half of the East half of the Northeast quarter of the Southwest quarter of
Section 15, Township 2 South, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona.
The above described parcel contains 4,117 square feet or 0.0945 Acres more or less.
Page 1 of I
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 10/23/13 ss | Chk: | Appr:
Rev: 2/12/16 ss
Maricopa County Public Works - Real Estate Division EXPIRES 12/31/2017
GRANTOR ps b DATE. 6-3-(6
EXHIBIT “A”