C3. TT0633_D23970_SOUTHERN_ACRES_SE.PDF

When Recorded Return To:

Maricopa County Real Estate Department
2801 W. Durango Street

Phoenix, AZ 85009

EXEMPT PURSUANT TO A.RS. 11-1134, A2 .

SLOPE EASEMENT
JO__/__JM

Parcel No.: 104-76-012A

Project No.: TT0633

Project Name: Southern Avenue, 51st Ave to 37th Ave.
Item No.: D23970 (JR)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS Southern Acres, LLC, an Arizona limited liability company, hereinafter
called the GRANTOR, for and in consideration of the sum of Three Thousand Seven Hundred
Seventy-Four and No/100 DOLLARS ($3,774.00) 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 certain parcel of land
located in Maricopa County, State of Arizona, and described as set forth in Exhibit “A” (hereinafter
“Slope Easement”).

SEE ATTACHED EXHIBIT “A” FOR LEGAL DESCRIPTION

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, repairing, and

Page 1 of 6

Parcel No.: 104-76-012A

Project No.: TT0633

Project Name: Southern Avenue, 51st Ave to 37th Ave.
Item No.: D23970 (JR)

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.

B.

Cc.

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

To perform all the construction and maintenance of the highway construction embankment
and excavation slopes in a workmanlike manner without cost to the Grantors.

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.

. To pay the Grantor the sum of Three Thousand Seven Hundred Seventy-Four and

No/100 DOLLARS ($3,774.00) as payment in full for the Slope Easement described
herein.

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 except
as may be herein otherwise agreed. Any ground cover disturbed from its original state will
also be replaced in kind.

That no costs relating to construction of highway construction embankment and excavation
slopes will be charged to the Grantor.

THE GRANTOR AGREES:

1.

2.

3.

To grant a slope easement for the property described herein Exhibit “A” to the County
of Maricopa and/or its agents for the general welfare and benefit of the public.

To accept the sum of Three Thousand Seven Hundred Seventy-Four and No/100
DOLLARS ($3,774.00) as payment in full for the Slope Easement described herein.
That the County, or its agents, is hereby granted the right to enter upon the remaining
property of the Grantor for the purpose of accomplishing “E” above.

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Parcel No.: 104-76-012A

Project No.: TT0633

Project Name: Southern Avenue, 51st Ave to 37th Ave.
Item No.: D23970 (JR)

pated this! © day of DEecemhea 9 TZ

GRANTOR: Southern Acres, LLC, an Arizona limited liability company

(/ John de la Torre

Its: Manager

STATE OF AV(LOMNA )

) ss

COUNTY OF Mori COPA )

The foregoing instrument was acknowledged before me this \o™ day of December.
2022, by John de la Torre its Manager of Southern Acres, LLC, an Arizona limited liability
company.

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My Commission Expires 92 [0% l 25 [aag Fm
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won tuo. NvGHOr

Notary Stamp Seal

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Parcel No.: 104-76-012A

Project No.: TT0633

Project Name: Southern Avenue, 51st Ave to 37th Ave.
Item No.: D23970 (JR)

RECOMMENDED FOR APPROVAL:

Jununifur Rodrigues [pat Nuts

94438F OFDFC6436.

BFESESSB4D;

Right of Way Agent Right of Way Supervisor

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
DocuSigned by:

Karen 0). Warman Jelles28/2022

FCC3C94320D444

Deputy County Attorney Date

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EXHIBIT "A"

Parcel No. 104-76-012A
Project No. TT0633
SOUTHERN AVENUE - 51st AVENUE TO 37th LANE
Item No. D23970-SE

Legal Description for Slope Easement

An easement located within a parcel of land described in special warranty deed recorded in document no. 2017-
0656727, official records of Maricopa County Recorder, said easement lying within a portion of Lot 48,
Maricopa Garden Farms, according to Book 11 of Maps, Page 38, official records of Maricopa County
Recorder, and lying within a portion of the Southeast Quarter of Section 28, Township 1 North, Range 2 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows:

COMMENCING at the southeast corer of said Section 28, said point being marked by a 3-inch Maricopa
County brass cap in hand hole from which the south quarter corner of said Section 28, said point being marked
by a 3-inch Maricopa County aluminum cap in hand hole, South 89 degrees 56 minutes 03 seconds West,
2,638.53 feet (basis of bearings);

thence along the south line of said Southeast Quarter, South 89 degrees 56 minutes 03 seconds West, 987.39
feet;

thence North 0 degrees 03 minutes 57 seconds West, 33.00 feet to the southeast corner of said parcel, said
corner being the POINT OF BEGINNING;

thence along the south line of said parcel, South 89 degrees 56 minutes 03 seconds West, 105.11 feet;

thence North 50 degrees 15 minutes 37 seconds West, 7.81 feet to a point on the north line of the south 38.00
feet of said Southeast Quarter;

thence along said north line, North 89 degrees 56 minutes 03 seconds East, 111.13 feet to a point on the east line
of said parcel;

thence along said east line, South 0 degrees 09 minutes 32 seconds West, 5.00 feet to the POINT OF
BEGINNING.

The above-described parcel contains 541 square feet or 0.0124 acres, more or less, and is depicted on the
attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Agent J. Rodriguez Project No. TT0633 Chk:
Tech M.P. (EPS)

Prepaired by: EPS GROUP, INC.

cxasrons me DATE. 22 /6, 2022_

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EXHIBIT "A"

LINE TABLE Not to Scale

LINE | BEARING | LENGTH

LI | NO0'03'57"W | 33.00

L2 | N50°15'37"W | 7.81’

L3_ | $00°09'32"W | 5.00"

APN: 104-76-012A
SOUTHERN ACRES LLC
DOCUMENT 2017-0656727, M.C.R.
PT LOT 48, MARICOPA GARDEN FARMS
; BOOK 11 OF MAPS, PAGE 38, M.CR.

023970-SE

— — _ \ N89°56'03"E 111.13"
—. —— “ 9
$89°56'03"W 105.11° |
SOUTHERN AVENUE = POINT OF BEGINNING
1,651.14 987.39 _
$89°56'03"W 2,638.53 (BASIS OF BEARING)
SOUTH QUARTER CORNER POINT OF COMMENCEMENT
SOUTHEAST CORNER
SECTION 28, TIN, R2E
‘ SECTION 28, TIN, R2E
3” MARICOPA COUNTY 3 MARICOPA COUNTY
ALUMINUM CAP IN HAND HOLE

BRASS CAP IN HAND HOLE

D23970-SE Area: 541 square feet or 0.0124 acres

MARICOPA COUNTY
SOUTHERN AVENUE - 51st AVENUE TO 37th LANE

PROJECT No. TT0633 | Agent J. Rodriguez Prepared by: EPS Group Inc.

ITEM No. D23970-SE Tech M.P. (EPS) Checked: Date: 08/06/2021

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