J3 TT0748_D24903_ROE.PDF

Maricopa County — Formal (2024-06-12)

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Maricopa County Department of Transportation
Maricopa County Real Estate Department

MM/JR,

AGREEMENT FOR RIGHT OF ENTRY

Parcel No.: 401-40-065

Project No.: TT0748

Project Name: Luke Wash at US 80
Item No.: D24903 (MM)

William J. Hightower, sole surviving Trustee of the Hightower Family Trust dated
September 10, 2001, GRANTOR, for and in consideration of the sum of Five Hundred and
No/100 Dollars ($500.00) and other valuable consideration, receipt of which is hereby
acknowledged; does hereby grant and convey to MARICOPA COUNTY, a political subdivision
of the State of Arizona, its successors, and assigns, a Right of Entry, for the following purposes,
namely: The right to enter upon the hereinafter described land and grade, level, fill, drain, pave,
build, maintain, repair and rebuild a road or highway, including incidental purposes consistent
therewith, together with such bridges, culverts, ramps and cuts as may be necessary, on, over,
under and across the ground embraced within parcels of land situated in the County of Maricopa,
State of Arizona, and described as follows:

Described on Exhibit “A-1” and depicted in Exhibit “A-2”

Page 1 of 6

Parcel No.: 401-40-065

Project No.: TT0748

Project Name: Luke Wash at US 80
Item No.: D24903 (MM)

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.
B.

To use the property described herein for the general welfare and benefit of the public.

To pay the Grantor the sum of Five Hundred Dollars and No/100 Dollars ($500.00) as
payment in full for the right to enter upon the property described herein and for the purpose of
accomplishing “E” and “F” below.

That this permission is not a waiver in any way of the right to compensation for such land or of any
remedy authorized by law to secure payment.

To, without unnecessary delay, negotiate with the Grantor, and all other persons, if any, having any
right, title or interest in said property to agree upon terms of compensation.

This Right-of-Entry is granted in consideration of the location, improvement and construction of
such TT0748 and incidents thereto, which it is understood by Grantor that said entry is required by
Maricopa County, and shall continue in effect, for a period of twelve (12) months from the
commencement of construction, pending such negotiations.

That, if in the opinion of the Transportation Director, it becomes necessary, MARICOPA
COUNTY, or its agents, is hereby granted to enter upon the remaining property for the purpose of
private structure relocation in kind to the GRANTOR’s property, clear the property described
herein, and at no expense to the GRANTOR except as may be herein otherwise agreed.

That no costs relating to construction of the roadway improvements on project TT0748 will be
charged to the Grantor.

That Maricopa County shall indemnify and hold the Grantor(s) harmless from and against all loss,
expense, damage or claims caused by the sole negligence of Maricopa County, its employees or
contractors, arising out of the use of the above described property by Maricopa County, its
employees or contractors, pursuant to this Right of Entry. All claims shall be submitted in
accordance with the requirements of A.R.S. § 12-821 et seq.

THE GRANTORS AGREE:

1.

To grant permission for right of entry for the above described land, for a period of twelve (12)
months from the commencement of construction, to the County of Maricopa for the general welfare
and benefit of the public.

To accept the sum of Five Hundred Dollars and No/100 Dollars ($500.00) as payment in
full for the right to enter upon the property described herein and for the purpose of accomplishing
“BE” and “F” above.

To hereby covenant that they are lawfully seized and possessed on this aforementioned tract or
parcel of land; that they have a good and lawful right to sell and convey it; and that they will warrant
the title and quiet possession thereto against the lawful claim of all persons, subject to easements
of record.

Page 2 of 6

Parcel No.: 401-40-065

Project No.: TT0748

Project Name: Luke Wash at US 80
Ttem No.: D24903 (MM)

Dated this Qu ai CU) > 20a

GRANTOR: William J. Hightower, sole surviving Trustee of the Hightower Family Trust,
dated September 10, 2001

William J. Hightower, sole surviving Trustee

STATE OF ARIZONA. )
) ss.
COUNTY OF MARICOPA. )

The foregoing instrument was acknowledged before me this ath day or Mau ,

20 AY , by William J. Hightower, sole surviving Trustee of the Hightower Trust,
dated September 10, 2001.

My Commission Expires /0-25-H0PV Twotu Mu,

Notary Public (signature) (\

MICHELLE MOY
(Notary Public - State of Anzona
MARICOPA COUNTY
Commission # 635787
Expires October 25, 2026

Notary Stamp Seal

Page 3 of 6

Parcel No.: 401-40-065

Project No.: TT0748

Project Name: Luke Wash at US 80
Item No.: D24903 (MM)

RECOMMENDED FOR APPROVAL:

Right of Way Agent Right of Way Supervisor

APPROVED:

‘DocuSigned by:
( AS— 5/15/2024

F0612BODS565D4CC...
Alex Smith Date
Director, Real Estate Department

Approved as to form and within the powers
and authority of the Board of Supervisors

DocuSigned by:
Pr 5/16/2024
Deputy ounty Attorney Date

Page 4 of 6

Exhibit "A-1"
Parcel No. 401-40-065
Project No. TT0748
Luke Wash Bridge at Old US 80
Item No. D24903

LEGAL DESCRIPTION FOR RIGHT OF ENTRY

A portion of the parcel as described in the Special Warranty Deed recorded as instrument 2001-0885225
on file with the Maricopa County Recorder’s Office and lying in the Northeast quarter of the Southeast
quarter of Section 21, Township 1 South, Range 5 West of the Gila and Salt River Base and Meridian,
and being more particularly described as follows:

Commencing at the East quarter corner of said Section 21, being a 2-inch Maricopa County aluminum
cap marked “T1S RSW 1/4 821 $22 2004 RLS 36563” from which the Center quarter of said Section 21,
being a rebar with an illegible aluminum cap bears North 89°42'20” West, for a distance of 2616.86 feet;

Thence along the East-West mid-section line of said Section 21, North 89°42'20" West, for a distance of
330.00 feet;

Thence departing said mid-section line, South 00°10'35" West, for a distance of 394.56 feet to the Point
of Beginning;

Thence South 54°38'23" West, for a distance of 331.38 feet;

Thence South 35°16'35" East, for a distance of 30.00 feet;

Thence South 54°38'23" West, for a distance of 47.33 feet;

Thence North 28°19'19" West, for a distance of 309.46 feet;

Thence North 50°02'30" East, for a distance of 331.61 feet;

Thence South 37°18'04" East, for a distance of 303.89 feet to the Point of Beginning.

The above described parcel contains 103,667 square feet or 2.3799 acres, more or less, and is depicted
on attached Exhibit "A-2".

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/13/2024 HP Chk: Appr:
Rev:

Maricopa County Real Estate Department
Page 5 of 6

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