B D22735-1 GL.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Division
2801 W. Durango St
Phoenix, Arizona 85009
EXEMPT ARS 11-1134, A2
TEMPORARY CONSTRUCTION EASEMENT AND
AGREEMENT FOR HIGHWAY PURPOSES
Parcel No.: 501-45-922
Project No.: TT367 El Mirage Rd.
(Northern Ave. to Peoria Ave.)
Item No.: D22735-1 (GL)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Barnett Properties I, LLC, an Arizona limited liability company,
GRANTORS, for and in consideration of the sum of EIGHT THOUSAND EIGHT
HUNDRED FIFTYAND NO/100 DOLLARS, ($8,850.00), 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 TT367 — El Mirage Road (Northern Avenue to Peoria Avenue)
In the event any structures or plantings within the TCE area are damaged, as a result of this TCE,
we will replace them in kind or pay an appropriate settlement value.
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.
Page 1 of 5

Parcel No.: 501-45-922
Project No.: TT367 El Mirage Rd.
(Northern Ave. to Peoria Ave.)
Item No.: D22735-1 (GL)
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
during the construction of the improvements of Project TT367 El Mirage Road.
B. To perform all the necessary work for the construction and maintenance of the County
roadway Project TT367, El Mirage Road, without cost to the Grantor.
C. To pay the Grantor the sum of EIGHT THOUSAND EIGHT HUNDRED FIFTY
AND NO/100 DOLLARS, ($8,850.00), as payment in full for the rights granted
herein.
Existing improvements including but not limited to; trees, bushes, irrigation lines,
asphalt, cement, curb, sidewalk, rip-rap, rock ground cover, etc. located within the
TCE areas on the property described heren, if damaged, shall be restored in kind by
the contractor.
Existing business signs will be protected in place.
Contractor shall notify the public and business owner of any temporary access change
or road closures during construction at least 14 calendar days in advance. With the
exception of temporary, short-term closures (2 to 3 hours) of driveways, the
contractor shall maintain driveway acess throughout construction. If a given property
has multiple driveways, at least one shall remain open at all times (per construction
specifications).
THE GRANTORS AGREE:
1. 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
during construction of the improvements of: Project TT367 - El Mirage Road (Northern
Avenue to Peoria Avenue).
To accept the sum of EIGHT THOUSAND EIGHT HUNDRED FIFTY AND NO/1L00
DOLLARS, ($8,850.00), as payment in full for the rights granted herein.
To acknowledge that existing improvements including but not limited to; trees, bushes,
irrigation lines, asphalt, cement, curb, sidewalk, rip-rap, rock ground cover, etc. located
within the TCE areas on the property described herein, if damaged, shall be restored in
kind by the contractor.
Page 2 of 5

Parcel No.: 501-45-922
Project No.: TT367 El Mirage Rd.
(Northern Ave. to Peoria Ave.)
Item No.: D22735-1 (GL)
Dated this _/day of Maver \ 2015,
,
Barnett Properties I, LLC, an Arizona limited liability company
Ahir tes _ Seevedorry Rw
Lag ,
4 U It’s
TenrBarnett
|
Rocwelle EWspin
STATE OF ARIZONA )
)§
COUNTY OF MARICOPA)
The foregoing instrument was acknowledged before me this 30 day of 7 tvz hy ,
hoe hall Av emd its Secne C>
2015, by tary um
for Barnett Properties I, LLC, an Arizona limited liability company.
—7 J Builth
My Commission Expires“ S/. ai
Notary Public (signature)
KEVIN POTTS
Notary Public - Arizona
Maricopa County
.My Commission Expires
July 4, 2017
Notary Stamp Seal
Page 3 of 5

Parcel No.: 501-45-922
Project No.: TT367 El Mirage Rd.
(Northern Ave. to Peoria Ave.)
Item No.: D22735-1 (GL)
RECOMMENDED FOR APPROVAL:
Right-of-Way Agent 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 the Board of Supervisors
as
WI;
J
J,
Paid
Deputy County Attorney Date
A
if
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Parcel No. 501-45-922
Project No. TT367
EL MIRAGE ROAD - NORTHERN AVENUE TO PEORIA AVENUE
Item No. D22735-1 .
EXHIBIT “A”
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION KASEMENT
Two parcels lying within a portion of “Lot 1” of the Final Plat “Northeast Corner of Olive and El
Mirage Road” as shown in Book 987, Page 46 recorded in Maricopa County Recorder’s Office,
Maricopa County, Arizona being part of the Southwest quarter of Section 25, Township 3 North,
Range 1 West, Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly
described as follows:
Parcel One:
COMMENCING at the Southwest corer of said Section 25, from which the South quarter .corner
beats, South 89°21'58" East, a distance of 2645,23 feet; thence along the South line of said Section 25,
South 89°21'58" East, a distance of 239.33 feet; thence North 00°38'02" East to a point on the North
line of the South 65.00 feet of said Southwest quarter, a distance of 65.00 feet, said point being the
Southeast comer of said “Lot 1”, also identified as point “A” for future reference and the POINT OF
BEGINNING; thence, along said North line, N 89°21’58” West and distance of 142.49 feet; thence,
continuing along said North line, North 89°21'58" West, a distance of 23.30 feet; thence North
“44°51'57" West to a point on the East line of the West 65.00 feet of the Southwest quarter of said
Section 25, a distance of 13.14 feet; thence along said East line, North 00°00'52" West, a distance of
65.46 feet; thence North 89°59'08" East, a distance of 12.00 feet; thence South 00°00'52" East, a
distance of 60.50 feet; thence South 54°46'19" East, a distance of 25.19 feet to the POINT OF
BEGINNING. Containing 1,001 square feet or 0.0230 acres, more or less.
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Parcel No. 501-45-922
Project No. TT367
EL MIRAGE ROAD - NORTHERN AVENUE TO PEORIA AVENUE
Tiem No. D22735-1
EXHIBIT “A”
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
Parcel Two:
BEGINNING at point “A”, being the Southeast corner of said “Lot 1”; thence from said Southeast
corner and along the South line of said “Lot 1” and the North line of said South 65.00 feet, North
89°21'58" West, a distance of 106.21 feet; thence North 00°38'02" East, a distance of 40.53 feet;
thence North 89°58'32" East, a distance of 105.74 feet; thence South 00°01'28" East, a distance of
41.74 feet to the POINT OF BEGINNING. Containing 4,359 square feet or 0.1001 acres, more or
less.
The above described parcels combined contain 5,360 square feet or 0.1231 acres, more or less.
KENNETH W.
GREEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION QP 1b OC
Prelim: 9-04-2012 Chk: | Appr: aes
Rev: 2-18-2015; 4-29-2015; 2-08-2016
EXPIRES 12/31/2017
Maricopa County Public Works —Real Estate Division
\
cnanrot yy pate 3{30 I Iu
EXHIBIT “A”
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