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WHEN RECORDED RETURN TO: Maricopa County Real Estate Division [RES] EXEMPT ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No.: 304-78-019Q Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No. D22935-1 (RES) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Phillip F. Spangler and Marilyn K. Spangler, husband and wife, as community property with right of survivorship, GRANTOR, for and in consideration of the sum of One Thousand Nine Hundred Twenty Five and no/100 Dollars ($1,925.00) 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. Page 1 of 4 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. Page 2 of 4 Parcel No.: 304-78-019Q Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No. D22935-1 (RES) Dated this day of /th V6fiY3E , 2015. Phillip F. SpalIgler (signatur Mar yn K. SPangler (signat -e) STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 4-- frt// day of AA/1'444 2015, by Phillip F. Spangler and Marilyn K. Spangler, husband and wife, as community property with right of survivorship. My Commission Expires /4d' 2-e (P-- Notarypublic (signature) EUGENE M KADISH NOTARY PUBLIC, ARIZONA MARICOPA COUNTY My Commission Expires January 18, 2018 Notary Stamp Seal Page 3 of 4 Parcel No.: 304-78-019Q Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No. D22935-1 (RES) RECOMMENDED FOR APPROVAL: Right-of-Way Acquisition Manager APPROVED: By Dennis P. Lindsey Deputy Chief Real Estate Officer and within the powers ird of Supervisors / Date Page 4 of 4 Parcel No. 304-78-019Q Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No. D22935-1 EXHIBIT "A_' LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 2010-0755811 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 described as four parcels as follows: Parcel One The West 15.00 feet of the East 45.00 feet of the South 99.47 feet of said parcel described in Document Number 2010-0755811. Parcel Two The West 25.00 feet of the East 70.00 feet of the North 36.00 feet of the South 67.47 feet of said parcel described in Document Number 2010-0755811. Parcel Three The West 10.00 feet of the East 40.00 feet of the North 10.00 of the South 115.73 feet of said parcel described in Document Number 2010-0755811. Parcel Four The West 10.00 feet of the East 40.00 feet of the North 38.10 feet of said parcel described in Document Number 2010-0755811. The above described four parcels together contain 2,869 square feet or 0.0659 acres, more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim:9/24/2014 Chic APPr:14 I 0-A-1 Rev: Maricopa County Public Works —Real Estate Division EXPIRES 341-2017 GRANTOR /4/6/- DATE d EXHIBIT "A"