B.PDF

Maricopa County — Formal (2015-11-04)

View PDF Item 54 Meeting page

Extracted text (via pymupdf_layout) 6523 characters
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.: 304-88-0040
Project No.: TT429 Riggs Road (Recker Road to Power Road)
Item No.: D22832 (RES)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Humberto Coronado and Nubia Coronado, husband and wife, as community
property with right of survivorship, GRANTOR, for and in consideration of the sum of Seven
Hundred Seventy Three and no/100 Dollars ($773.00) 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.: 304-88-004G
Project No.: TT429 Riggs Road (Recker Road to Power Road)
Item No.: D22832 (RES)
Dated this ) day of OA 0 — , 2015.
Humberto Coronado (signature) Nubia Coronado (signature)
STATE OF ARIZONA )
) §
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this IL) th day of 001164/4 ,
2015, by Humberto Coronado and Nubia Coronado, husband and wife, as community property
with right of survivorship.
My Commission Expires Ak VI (3 O i
ROBERT W. SACHS
Wotan" Public - State of Arkagel
MY Commission MARICOPA Expire COUNTY Noy. 20.2015
Notary Stamp Seal
Page 3 of 4

Parcel No.: 304-88-004G
Project No.: TT429 Riggs Road (Recker Road to Power Road)
Item No.: D22832 (RES)
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 authority of the Board of Supervisors
DOplity County Attorney Date
Page 4 of 4

Parcel No. 304-88-004G
Project No. TT429
RIGGS ROAD
RECKER ROAD TO POWER ROAD
Item No. D22832-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A portion of that property described in Document Number 2000-0799729 Marieopa County Records
(MCR) lying within Chandler Heights Citrus Tract 3626, according to Book 23 of Maps, Page 7
(IVICR), lying within Section 36, Township 2 South, Range 7 East of the Gila & Salt River Base &
Meridian, Maricopa County, Arizona, Said portion being also part of Lot 1, EXCEPT the East 66.00
feet thereof and that part of Lot 1.
The South 10.00 feet of the North 47.00 feet of the East half of the East half of that part of Lot 1,
EXCEPT the East 66.00 feet thereof.
And
EXCEPT The South 15.00 feet of the North 52.00 feet of the West 51.47 feet of the East half of the:
East half of that part of Lot 1. EXCEPT the East 66.00 feet thereof.
And
EXCEPT BEGINNING at the intersection of the South line of North 37.00 - feet and the East line of
the West 51.47 feet of the East half of the East half of that part of Lot 1, EXCEPT the East 66.00 feet
thereof; Thence along said South line North 88'51'07" East a distance of 14.73 feet; Thence leaving
said South line South 43°50'33" West a distance of 21.21 feet to a point on said East line; Thence
along said East line North 00°10'12" West a distance of 15.00 feet to the POINT OF BEGINNING
The above described parcels contain 2,209 square feet or 0.0507 Acres more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim:3-27-14 Chk: Appr: /6/
Rev:
Maricopa County Public Works — Real Estate Division EXPIRES 3-31-2017
GRANTOR / DATE
EXTIEBIT "A"