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~ WHEN RECORDED RETURN TO: Maricopa County Real Estate Department 2801 W. Durango Street Phoenix, AZ. 85009 EXEMPT A.R.S.§ 11-1134, A2 LA/WJ SLOPE EASEMENT Parcel No.: 219-12-101 _ Project No.: .TT0609 Project Name: Tonto Hills Low Volume Roads ItemNo.: D24514-SE[LA] KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Don S. Schoonenberg and Kristine C. Schoonenberg, Trustees of the Don S. and Kristine.C. Schoonenberg Trust, Dated March 28, 2021 hereinafter called the GRANTORS, the owner of the. real property situated in Maricopa County, Arizona, which property is set forth in instrument number 20211317052 in the official records of Maricopa County (the “Burdened Property”), for and in consideration of the sum of Two Hundred Thirteen Dollars ($213.00) 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, hereinafter called the GRANTEE, and to its agents, successors and assigns, a Slope Easement on, over, under and across that portion of the Burdened Property legally described on Exhibit "A-1" and depicted in. Exhibit “A-2” attached hereto (the “Easement Area”). The GRANTEE or its agents, successors and assigns shall at all times have the right of full and free ingress and egress to said easement for the purpose heretofore specified. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and shall be binding on the heirs, successors in ownership and estate, assigns and lessees of the respective parties hereto. WHEREAS, the GRANTORS own the Slope Easement property and desire to grant an easement to the County for the purpose of locating, constructing, reconstructing, repairing, and maintaining highway. construction embankment and excavation slopes: WHEREAS, the County is desirous of obtaining a perpetual easement, over, under and across the Slope Easement property for the purpose of locating, constructing, reconstructing, repaiting, and maintaining highway construction embankment and excavation slopes made necessary by the construction of a County Highway. NOW THEREFORE, in consideration of the terms and conditions as set forth below, it is agreed, that this instrument contains the entire agreement pertaining to the Slope Easement between the parties hereto and there being no further consideration paid than herein specified. MARICOPA COUNTY AGREES: A. To use the property described. on Exhibit “A-1” and depicted in Exhibit. “A-2” for the general welfare and benefit of the public.” B. To perform all the construction and maintenance of the highway construction embankment and excavation slopes in a workmanlike manner without cost to the GRANTORS. C. To relinquish all rights granted herein to the above described property in the event that the GRANTORS, their heirs, executors or assigns, shall at any time in the future excavate or place an embankment upon the area herein described, to the level of the elevation of the highway abutting thereon upon review and approval to the satisfaction of the GRANTEE’s County Engineer and/or the municipality or municipalities having jurisdiction at this location at the time of development. . D. To pay the GRANTORS the sum of Two Hundred Thirteen Dollars ($213.00) as payment in full for the Slope Easement described herein. E. That, if in the opinion of the Transportation Director, it becomes necessary, fences and private structures will be removed and replaced in kind, at no expense to the GRANTOR(S) except as may be herein otherwise agreed. Any ground cover disturbed from its original state will also be replaced in kind. ; F. That no costs relating to construction of Project No. TT0609 will be charged to the GRANTORS. THE GRANTORS AGREE: — 1. To grant a slope easement for the property described on Exhibit “A-1” and depicted in Exhibit “A-2” to the County of Maricopa and/or its agents for the general welfare and benefit of the public. 2. To accept the sum of Two Hundred Thirteen Dollars ($213.00) as payment in full for the property described herein. 3. That the County, or its agents, is hereby granted the right to enter upon the remaining property of the GRANTORS for the purpose of accomplishing “E” above. Project No.: TT0609 Parcel No.: 219-12-101 Project Name: Tonto Hills Low Volume Roads. Item No.: D24514-SE (LA) Page 2 of 6 Dated this __ 24th day of March , 2024. GRANTORS: Don S. Schoonenberg and Kristine C. Schoonenberg, Trustees of the Don S. and Kristine C. Schoonenberg Trust, Dated March 28, 2021 Don S. Schoonenberg, as Trusteg // STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) ¢ March The foregoing instrument was acknowledged before me this 24th _ day o 2 20 24 by Don S. Schoonenberg and Kristine C. Schoonenberg, Trustees of the Don S. and Kristine C. Schoonenberg Trust, Dated March 28, 2021. My Commission Expires__%, 2 J, 2.027 a A Notary opus e) Notary Stamp Seal Project No.: TT0609 Parcel No.: 219-12-101 Item No.: D24514-SE (LA) Page 3 of 6 RECOMMENDED FOR APPROVAL: ‘DocuSigned by: DocuSigned by: [ ~ Abress ( sunnifer Rodrigue Right of Way Agent Right of Way Supervisor ACCEPTED: | Board of Supervisors of Maricopa County By: Chairman of the Board of Supervisors ATTEST: Clerk of the Board of Supervisors Date Approved as to form and within the powers and authority of the Board of Supervisors DocuSigned by: Waywa Puk 3/27/2024 “Deputy County Attorney Date Project No.: TT0609 Parcel No.: 219-12-101 Project Name: Tonto Hills Low Volume Roads Item No.: D24514-SE (LA) Page 4 of 6 Exhibit “A-1” Parcel No. 219-12-101 Project No. TT0609 TONTO HILLS LVR Item No. D24514-SE Legal Description For Slope Easement That portion of the Southwest quarter of Section 10, Township 6 North, Range 5 East of the Gila and Salt River Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Southwest corner of Lot 101 of Tonto Hills, Book 93, page 5 M.C.R. thence South 79 degrees 13 minutes 57 seconds East, 84.31 feet along the South line of said Lot 101 to the POINT OF BEGINNING; thence North 10 degrees 46 minutes 03 seconds East, 5.00 feet; thence South 79 degrees 13 minutes 57 seconds East, 23.44 feet; thence South 10 degrees 46 minutes 03 seconds West, 5.00 feet to a point that lies on said South line; thence North 79 degrees 13 minutes 57 seconds West, 23.44 feet along said South line to the POINT OF BEGINNING. ww] The above described parcel contains 117 square feet or 0.0027 acres, more or less, and is depicted on the attached Exhibit “B”. Professional Land Surveyor AZ No. 19817 Ji m Digitally signed by Jim Cri C Date: 2021.09.14 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FUME 12:31:28 0700 Agent: J. Crume Project No. TTO609 Chk: J. Crume Electronic Seal Tech: B..Crume https://btr.az.gov/ Prepared by: Cooper Aerial Surveys Company Page 5 of 6 Exhibit "A-2" | APN:219-12-077 y APN:219-12-102 LOT 101 OF TONTO HILLS BOOK 93 PAGE 05 M.C.R. Not to Scale Don and: Kristine Schoonenberg Trust APN: 219-12-101 APN:219—-12-100 Poc POB i MANANA. Rp LINETABLE LINE | BEARING | LENGTH Li | s7943'57° | 84.31". L2 | n1046'03"E | 5.00" 13 | s7g13's7°e | 23.44" _L4 | stoss'os"w | 5.00" LS | N79"13'57°W_ 23.44" D24514-SE Area: 117 square feet or 0.0027.acres SHT 1 of 4 Page 6 of 6 _.. MARICOPA COUNTY ~TONTO HILLS LVR Prepared by: PROJECT No. TT0609 COOPER AERIAL SURVEYS COMPANY _ Agent: J. Crume ; ITEM.No. D24514-SE Tech: g Crume Checked: J. Crume | Date: o9rt4!2021 Professional Land Surveyor AZ No. 49817 Digitally signed | J I mM by Jim Crume Date: = Crume 221.02.14 12:31:42 -07'00' Electronic Seal https: //btr.az.gov/