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Maricopa County — Formal (2015-12-09)

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WHEN RECORDED RETURN TO:
Maricopa County Public Works
Real Estate Division [RES]
EXEMPT ARS 11-1134, A2
TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY
PURPOSES
Parcel No . : 304-78-019N
Project No.: TT429 Riggs Road (Recker Road to Power Road)
Item No.: D22850-1 (FMU)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Clint R. Hudlin and Tamara Hudlin, husband and wife as community
property with right of survivorship, GRANTORS, for and in consideration of the sum of One
Hundred and no/100 Dollars ($100.00) 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 TT429 Riggs Road (Recker Road to Power Road).
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.
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.
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B. To the extent permitted by law, GRANTEE agrees to indemnify GRANTOR, from and
against loss, expense, damage, or claim of any nature whatsoever which is caused by any
activity, condition, or event arising out of the non-performance by GRANTEE of any of
its obligations under the provisions of the Agreement. GRANTOR shall in all instances
be indemnified against liability, losses, and damages of any nature for or on account of
injuries to or death of persons or damages to or destruction of property arising out of
GRANTEE'S performance or non-performance of this Easement, except such injury or
damages as shall have been occasioned by the sole or joint negligence of GRANTOR.
The above cost of damages incurred by GRANTOR shall include, in the event of action,
court costs, expenses for litigation, and reasonable attorney's fees.
C. GRANTEE shall have the right to authorize, permit, and license the use of the Property
for utilities or other public purposes not inconsistent with its use as a temporary
construction easement and right-of-entry as determined by GRANTEE.
D. GRANTEE agrees to leave the grade of the land within the temporary construction
easement area in as near the same condition that it is now. The parties understand that
the resulting construction work will not leave the land in exactly the same condition.
THE GRANTORS AGREE:
A. 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.
B. GRANTOR hereby covenants that he is granting this Temporary Construction Easement
and Agreement only to the extent of any interest he may have in the Property.
C. This Easement shall run with the land and shall be binding upon the parties.
D. This easement shall be in effect for a period no longer than one year from the start of
construction activities.
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Parcel No.: 304-78-019N
Project No.: TT429 Riggs Road (Recker Road to Power Road)
Item No . : D22850-1 (FMU)
Dated this 7 fe day of ,2015.
A
Clint R. Hudlin (signatdre Tamara Hudlin (signature
STATE OF ARIZONA
) §
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this 4( day of
2015, by Clint R. Hudlin and Tamara Hudlin, husband and wife as community property with
right of survivorship.
My Commission Expires
Notary Public (signature)
FRANK ULLOA
Notary Public-State of Arizona
PIMA COUNTY
My Commission Expires June 25, 2016
Notary Stamp Seal
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Parcel No.: 304-78-019N
Project No.: TT429 Riggs Road
(Recker Road to Power Road)
Item No.: D22850-1 (FMU)
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
forvi and within the powers
of tVflBood of Supervisors
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Parcel No. 304-78-019N
Project No. TT429
RIGGS ROAD
RECKER ROAD TO POWER ROAD
Item No. D22850-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A portion of that property described in Document Number 2003-1652418 Maricopa County Records
(MCR) being part of Lot 8, Block 1, Chandler Mesa Ranches, according to Book 106 of Maps, Page
35 (MCR) lying within the East half of Section 25, Township 2 South, Range 6 East of the Gila &
Salt River Base & Meridian, Maricopa County, Arizona. Said portion is more particularly described
as two parcels as follows:
Parcel One:
The North 10.00 feet of the South 55.00 feet of the East 10.00 feet of the West 107.68 feet of said
property.
The above described parcel contains 100 square feet or 0.0023 acres, more or less.
And
Parcel Two:
The North 10.00 feet of the South 55.00 feet of the East 10.00 feet of the West 197.66 feet of said
property.
The above described parcel contains 100 square feet or 0.0023 acres, more or less.
The above described two parcels together contain 200 square feet Or 0.0046 Acres more or less.
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MAR ICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelini:3-I 8-14 Chic '18-14-15'
Rev:9-15-201'I
Maricopa County Public Works — Real Estate Division EXPIRES 3-31-2017
GRANTOR W 414 DATE //// //
EXHIBIT "A"