D D23360-1 PM.PDF

TEMPORARY CONSTRUCTION EASEMENT
Parcel No.: 211-74-118B
Project No.: TT457 — 10" Street
(Dove Valley Rd to Paint Your Wagon)
Item No.: D23360-1. (PM)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, LISA KAZAN, an unmarried woman, as to an undivided 60% interest
and JEWEL INVESTMENT COMPANY, LP, as to an undivided 40% interest,
GRANTOR, for and in consideration of the sum of One Thousand Three Hundred
Dollars and No/100 Dollars ($1,300.00) 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 Number TT457 — 10" Street (Dove Valley Road to Paint Your Wagon
Trail.
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 Easement.
Page 1 of 4

Parcel No.: 211-74-118B
Project No.: TT457— 10" Street
(Dove Valley Rd to Paint Your Wagon)
Item No.: D23360-1 (PM)
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 Three Hundred Dollars ($1300.00) as
payment in full for the right to enter upon the properties described herein and for the
purpose of accomplishing “C” and “D” below.
This Temporary Construction Easement 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 Twelve (12) months from the start of construction, or until
September 30, 2017.
That if in the reasonable opinion of the Transportation Director it becomes necessary,
fences and private 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. Any ground cover disturbed from its original state will be replaced in
kind,
That no costs relating to construction of roadway improvements on project TT457 will be
charged to the Grantor.
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 Easement.
Grantee expressly agrees that all work to be performed in connection with the work shall
be in substantial compliance with all applicable laws, ordinances, rule and regulations
pertaining thereto.
Grantor reserves the right to use the property subject to this easement and to grant further
easement interests in the property subject to this easement to other grantees so long as
such interests do not materially or unreasonably interfere with the use of the Grantee, its
contractors, subcontractors, successors and assigns, as permitted herein.
THE GRANTORS AGREE:
1, To grant the Temporary Construction Easement for the above described land, for a period
of Twelve (12) months from the start of construction or until September 30, 2017, to the
County of Maricopa for the general welfare and benefit of the public.
To accept the sum of One Thousand Three Hundred Dollars ($1300.00) as payment in
full for the right to enter upon the properties described herein and for the purpose of
accomplishing “C” and “D” above.
Page 2 of 5

Parcel No.: 211-74-118B
Project No.: TT457 — 10" Street
(Dove Valley Rd to Paint Your Wagon)
Item No.: D23360-1 (PM)
THE GRANTORS AGREE (continued):
4. That, upon the Grantor's signing of this document, the County shall have immediate use
of the property described herein.
The terms covenants and provisions hereof shall be governed by and construed under the
applicable laws of the State of Arizona. The easement granted hereby to Grantee is
subject to all matters of record.
Page 3 of 5

Parcel No.: 211-74-118B
Project No.: TT457— 10" Street
(Dove Valley Rd to Paint Your Wagon) |
Item No.: D23360-1 (PM) |
Dated this zyth day of ait yy 2016.
,
Grantor: Lisa Kazan, an unmarried woman
(Liga Kazan, an unmarried woman
ve
Grantor: Jewel Investment Company, LP, an Arizona Limited Partnership.,
By: Larry Management, Inc., an Arizona corporation, Its: general partner.
Lisa Kazan, Vice-President
STATE OF fy’ CW i)
)8
COUNTY OF
Ma Aegean
The foregoing instrument was acknowledged before me this uy l day of Ju 2016,
by Lisa Kazan, an unmarried woman and Lisa Kazan for Jewel Company, LP.,
its vo - Heda 4 |
TC
aa
My Commission Expires ota ail § ia n~
ry Publi¢ signature)
Chris Spang
Notary Pubic
_
Sey Maricopa County, Arizona
” My Comm. Expires 09.22.18
Notary Stamp Seal
Page 4 of 5

Parcel No.: 211-74-118B
Project No.: TT457 — 10" Street
(Dove Valley Rd to Paint Your Wagon)
Item No.: D23360-1 (PM)
RECOMMENDED FOR APPROVAL:
f .
Right-of-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
Hf
I
MH
Mf
Page 5 of 5

Parcel No. 211-74-118B
Project No. TT-457
107" STREET
DOVE VALLEY ROAD TO PAINT YOUR WAGON TRAIL
Ttem No. D23360-1.
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A portion of the Southeast quarter of the Southwest quarter of Section 9, Township 5 North, Range 3
East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the Southwest corner of said Section 9; ,
THENCE East along the South line of said Section 9, North 89°48'42" East, a distance of 1314.44 feet;
THENCE, along the West line of the Southeast quarter of the Southwest quarter, North 00°01'09"
West, a distance of 1215.87feet;
THENCE North 89°48'50" East, a distance of 40.00 feet to the POINT OF BEGINNING;
THENCE continuing North 89°48'50" East, a distance of 35.00 feet;
THENCE South 00°01'09" East, a distance of 135.00 feet;
THENCE South 89°48'50" West, a distance of 35.00 feet;
THENCE North 00°01'09" West, a distance of 135.00 feet to the POINT OF BEGINNING.
The above described parcel contains 4,725 square feet or 0.1085 acres, more or less.
Page 1 of J
MARICOPA COUNTY
Prelim: BFC 12/24/15 | Chk: Appr:
.
Rev:
GRANTOR DATE
EXHIBIT “A”