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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.: 304-88-081A Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22848 (FMU) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Anna Churan and Andrew Churan, husband and wife, who acquired title as, Anna Willison, an unmarried woman and Andrew Churan, an unmarried man as joint tenants 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. Page 1 of 4 B. To the extent permitted by law, GRANTEE agrees to indemnify GRANTORS, 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. GRANTORS 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 GRANTORS. The above cost of damages incurred by GRANTORS 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. GRANTORS 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.: 304-88-081A Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22848 (FMU) Dated this 0` day of cep-I-e ry) be t2 - 2015. GRANTORS: Anna Churan and Andrew Churan, husband and wife, who acquired title as, Anna Willison, an unmarried woman and Andrew Churan, an unmarried man as joint tenants with right of survivorship /ILLY' CLX- Anna Churaii (signature) Andrew Churan (signature) STATE OF ARIZONA ) ยง COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 23 rcA day of 2015, by Anna Churan and Andrew Churan. coW My Commission Expires Notary Public (signature) FRANK ULLOA Notary Public- State of ArizOM PIMA COUNTY My Commission Expires June 25, 2o1e Notary Stamp Seal Page 3 of 4 Parcel No.: 304-88-081A Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22848 (FMU) RECOMMENDED FOR APPROVAL: &Am, Right-of-Way Agent Right-of-Way Acquisition Manager APPROVED BY: Dennis P. Lindsey Date Deputy Chief Real Estate Officer Approved as to forp and within the powers aiithoyIy offifik Bowl of Supervisors Page 4 of 4 Parcel No 304-88-081A Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No. 1)22848-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 2012-551895 Maricopa County Records (MCR) being part of the North half of the North half of the East 249.17 feet of the West half of Parcel 25, Chandler Heights Citrus Tract unit 3626, according to Book 23 of Maps, Page 7 (MCR) lying within Section 36, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maxicopa County, Arizona. Said portion is more particularly described as three parcels below. The South 10.00 feet of the North 47.00 feet of the West 26.46 feet of said East 249.17 feet of said Parcel 25. The above described parcels contain 264 square feet or 0.0061 Acres more or less. Page 1. of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim:9-2.5-14 Chk: Appr: Rev: Maricopa County Public Works Real Estate Division EXPIRES 3-31-2017 GRANTOR/CJ DATE q (6R3 EKED:131T "A"