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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division 2801 W. Durango St Phoenix, Arizona 85009 EXEMPT ARS 1l-1134,A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 501-45-015T Project No.: TT367 El Mirage Rd. (Northern Ave. to Peoria Ave.) Item No.: D22732-1 (GL) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Michael R. Ogden and Vicki L. Tofte/Ogden Co-Trustees of the Ogden/Tofte Family Living Trust dated April 22, 1996, GRANTORS, for and in consideration of the sum of TWO THOUSAND FOUR HUNDRED AND NO/100 DOLLARS, ($2,400.00), 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) That Marieopa 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.: 501-45-015T Project No.: TT367 El Mirage Rd. (Northern Ave. to Peoria Ave.) Item No.: D22723-1 (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. B. To pay the Grantor the sum of TWO THOUSAND FOUR HUNDRED AND NO/100 DOLLARS, ($2,400.00), as payment in full for the rights granted herein. C. Access to adjacent properties shall be maintained during construction in accordance with the current Manual on Uniform Traffic Control Devices and supplement. 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). 2. To accept the sum of TWO THOUSAND FOUR HUNDRED AND NO/100 DOLLARS, ($2,400.00), as payment in full for the rights granted herein. Page 2 of 5 Parcel No.: 501-45-015T Project No.: TT367 El Mirage Rd. (Northern Ave. to Peoria Ave.) Item No.: D22732-1 (GL) Dated this day ofA)-LitelVti/ , 2011A GRA ORS: Michael R. Ogden and Vicki L. Tofte/Ogden Co-Trustees of the Ogd I oi Hy Living Trust dated April 22, 1996, AAA 47 gden Vicki L. Tofte/Ogden STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this g day A1.A(10--1 (*Ma jec, 201k by C/A211 and 1)101) ) a 4- fe/(Zid.M. (Print) (Print) for Michael R. Ogden and Yield L. Tofte/Ogden Co-Trustees of the Ogden/Tofte Family Living Trust dated April 22, 1996, My Commission Expires VALUE L. PRESTON NOTARY PUBLIC - ARIZ° A Mumma County My Commrosion Expires Auomt 19, 2016 M7STON ,.R1ZONA 1..y zp;res Notary Stamp Seal Page 3 of 5 Parcel No.: 501-45-015T Project No.: TT367 El Mirage Rd. (Northern Ave. to Peoria Ave.) Item No.: D22732-1 (GL) RECOMMENDED FOR APPROVAL: (/) TP/W 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 autlArity offthe Bopd of 5.iiipervisors ,-2/ 574 Date Page 4 of 5 Parcel No. 501-4S-01ST Project No. TT367 EL MIRAGE ROAD - NORTHERN AVENUE TO PEORIA AVENUE Item No D22732-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document number 2004-0401516 as recorded in Maricopa County Recorder's Office, Marioopa County, Arizona being part of the Southwest quarter of S.ection 25, Township 3 , North, Range 1 West, Gila and Salt River Meridian, Maricopa Comity, Arizona, being more particularly described as follows: COMMENCING at the Southwest copier of said Section 25 from which the West quarter corner bears North 00°00'52" West a distance of 2634,97 feet; thence along the West line of said Section 25 North 00 000?52" West, a distance of 909.66 feet; thence leaving said West line North 89°59 '08" East a distance of 33.00 feet; thence South 89021127" East to the Southwest corner of that certain, property elesoribe'd in said document number 2004-0401516, a distance of 32.00 feet, said point being the POINT 01? BEGINNING; thence along the East line of the West 65.00 feet of the SOuthwest quarter of said Section 25, North 00 000 152" West, a distance of 220.33 feet; thence South 89 023 132" East, a distance of 29.00 feet; thence South 00°0052" East, a distance Of 220.35 feet; thence North 89 021 127" West to a point dn the East line of the West 65.00 feet of said Southwest quarter, a distance of 29.00 feet to the POINT OF BEGTNNING. The above described parcel contains 6,390 square feet or 0.1467 acres, more or less. MA_RICOFA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 8-3 I-2012 Clilre/W`...geyagl APPr: Rev: 248-2015; 4-292011 Madcap County Public Works —Real Eshrta Division EXBIBIT "A" Page 1 of I