H D22875 KP.PDF

Maricopa County — Formal (2016-04-20)

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AGREEMENT FOR RIGHT OF ENTRY
Parcel No.: 303-41-005A & 005B
Project No.: TT526 — Appleby Rd
(Arizona Ave to the Consolidated Canal)
Item No.: D22875-5 (kp)
HAWKINS HAMILTON PROPERTIES, LLC, an Arizona limited liability company,
GRANTORS, for and in consideration of the sum of One Thousand and No/100 Dollars,
($1,000.00) 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 a parcel of land situated in the County of
Maricopa, State of Arizona, and described as follows:
See Exhibit “A” for Legal Descriptions

Parcel No.: 303-41-005A & 005B
Project No.: TT526 — Appleby Rd
(Arizona Ave to the Consolidated Canal)
Item No.: D22875-5 (kp)
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 Dollars ($500.00 each parcel) 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
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.
That no costs relating to construction of roadway improvements on project TT526 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 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 Dollars ($500.00 each parcel) 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 No.: 303-41-005A & 005B
Project No.: TT526 — Appleby Rd
(Arizona Ave to the Consolidated Canal)
Item No.: D22875-5 (kp)
res
Dated this. 5 day of _<Z/2@s/e— 2016.
,
GRANTORS: Hawkins Hamilton Propeyties, LLC, an Arizona Limited Liability Company.
Its: Managing Member
Robert A. Hawkins
STATE OF ARIZONA )
)§
COUNTY OF MARICOPA)
The foregoing instrument was acknowledged before me this Sth dayof APKIL __,2016,
By___Robert A. Hawkins, Managing Member for the Hawkins Hamilton Properties, LLC.
My Commission Expires o2/It / 20/49 Swe_& Nitin
Nofary)Public (signature)
JUDI A. BATEMAN
Notary Public - Arizona
Maricopa County
Expires 02/11/2019
Notary Stamp Seal

Parcel No.: 303-41-005A & 005B
Project No.: TT526 — Appleby Rd
(Arizona Ave to the Consolidated Canal)
Item No.: D22875-5 (kp)
RECOMMENDED FOR APPROVAL:
baa A dee
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 authorityof of Supervisors:
YT,
4
Deputy County Attorney Date
WH
//
/I/
H/
MI

Parcel No. 303-41-005 A, B
Project No. TT410
APPLEBY ROAD
ARIZONA AVENUE TO THE CONSOLIDATED CANAL
Item No. D22875
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
Parcel |
The South 18 feet of the following described parcel:
The East 27.50 acres of the Southeast quarter of the Northwest quarter of Section 15, Township 2 South, Range 5 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona;
EXCEPT the West 18 feet thereof; and
EXCEPT that portion thereof described as follows:
BEGINNING at the center of said Section 15;
Thence South 89°35’35” West, along the East-West midsection line of said Section 15, 145.00 feet;
Thence North 00°37739” West, 264.83 feet;
Thence North 89°36°25” East, 147.90 feet to a point on the North-South midsection line of said Section 15;
Thence South (assumed bearing) along said North-South midsection line, 264.80 feet to the POINT OF BEGINNING.
The above described parcel contains 13,733 square feet or 0.3153 Acres more or less.
Parcel 2
The South 18 feet of the following described property:
BEGINNING at the center of said Section 15;
Thence South 89°35°35” West, along the East-West midsection line of said Section 15, 145.00 feet;
Thence North 00°37°39” West, 264.83 feet;
Thence North 89°36’25” East, 147.90 feet to a point on the North-South midsection line of said Section 15;
Thence South (assumed bearing) along said North-South midsection line, 264.80 feet to the POINT OF BEGINNING.
The above described parcel contains 2,610 square feet or 0.0599 Acres more or less.
Page | of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 10/22/13 ss _| Chk: | Appr:
Rev: 2/26/16 ss
| EXPIRES
Maricopa County Public Works - Real Estate Division 12/31/2017
WA
GRANTOR 2/576
pate
EXHIBIT “A”