D3 TT0609_D24044_SE.PDF

Maricopa County — Formal (2023-12-06)

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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

LR/JO
SLOPE EASEMENT
Parcel No.: 219-12-011
Project No.: TT0609 ©
Project Name: Tonto Hills Low Volume Roads
Item No.: D24044-SE (JO)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS Paul M. Lewandosky, an unmarried man, hereinafter called the
GRANTOR, the owner of the real property situated in Maricopa County, Arizona, which property
is set forth in instrument number (20121103891) in the official records of Maricopa County (the
“Burdened Property”), for and in consideration of the sum of Five Hundred Eighty-Seven and
No/100 Dollars ($587.00) 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 exterid 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
maintaining highway construction embankment and excavation slopes made necessary by the
construction of a County Highway.

Page 1 of 6

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 GRANTOR.

C. To relinquish all rights granted herein to the above described property in the event.that the
GRANTOR, 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 élevation 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 GRANTOR the sum of Five Hundred Eighty-Seven and No/100 Dollars
($587.00) 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
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 highway construction embankment and excavation
slopes will be charged to. the GRANTOR.

THE GRANTOR AGREES:
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 Five Hundred Eighty-Seven and No/100 Dollars ($587.00) as
payment in full for the Slope Easement described herein.

3. 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.

Project No.: 219-12-011 Parcel No.: 219-12-011
Project Name: Tonto Hills Low Volume Roads Item No.: D24044-SE (JO)
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Dated this 2th day of October ,2023 ..
GRANTOR: Paul M. Lewandosky, an unmarried man
Poul bowen desks

Paul M. Lewandosky

STATE OF AZ )
) SS

COUNTY OF Maricopa )

11th October

The foregoing instrument was acknowledged before me this day of

20 23 , by Paul M. Lewandosky, an unmarried man.

Docusigned by
My Commission Expires 12/01/2026 [Sandy Oda

-scAsn2ezo4ostn

Notary Public (signature)

SANDY OJEDA
Notary Public
State of Arizona
Maricopa County
Commission #640792
My Comm. Expires Dec. 1, 2026

Notary Stamp Seal
The notary public certifies that appropriate authorization has
been issued by the Arizona Secretary of State to allow electronic
notarizations or remote online notarization pursuant to A.R.S. §
41-276. This remote notarial act involved the use of
communication technology.

Project No.: 219-12-011 : : Parcel No.: 219-12-011
Project Name: Tonto Hills Low Volume Roads Item No.: D24044-SE (JO)

Page 3 of 6

RECOMMENDED FOR APPROVAL:

[sandy Bde Sun Pdr

94438F OF DFC6436.

Right of Way Agent Right of Way Supervisor

ACCEPTED:
Board of Supervisors of Maricopa County

By:

Chairman of the Board

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:

Wages Prk 10/12/2023

Deputy County Attorney Date
Project No.: 219-12-011 Parcel No.: 219-12-011
Project Name: Tonto Hills Low Volume Roads Item No.: D24044-SE (JO)

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EXHIBIT "A-1™

Parcel No. 219-12-011
Project No. TT0609
TONTO HILLS LVR
Item No. D24044-SE
Legal Description For Slope Easement

That portion of the Southeast quarter of Section 10, Township 6 North, Range 5 East of the Gila and
Salt River Meridian, Maricopa County, Arizona, described as follows:

BEGINNING at the Northwest corner of Lot 11 of Tonto Hills, Book 93, page 5 M.C.R.
thence South 64 degrees 46 minutes 37 seconds East, 78.02 feet along the North line of-said Lot 11;
thence South 25 degrees 13 minutes 23 seconds West, 5.00 feet;

thence North 64 degrees 46 minutes 37 seconds West, 78.03 feet to a point that lies on the West line of
said Lot 11;

thence North 25 degrees 20 minutes 00 seconds East, 5.00 feet along said West line to the POINT OF
BEGINNING. :

The above described parcel contains 390 square feet or 0.0090 acres, more or less, and is depicted on
the attached Exhibit “B”.

Professional Land
Surveyor AZ No. 19817

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

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"

POB

&
“Nan, p
0)

APN:219-12—010

D24044—SE Not to Scale

APN:219-12-012

LOT 11. OF TONTO HILLS
BOOK 93 PAGE 05 M.C.R.

LEWANDOSKY PAUL M
APN: 219-12-011

LINE TABLE

LINE BEARING LENGTH

Li | $64°46°37"E | 78.02’

L2.} $2513'23’W | 5.00°

L3_ | N64°46°37"W | 78.03

14 } N25°20'00"E | 5.00

APN:219-12-023 .

- Professional Land
; ; Surveyor AZ No.
D24044-SE Area: 390 square feet or 0.0090 acres : 19817

MARICOPA COUNTY

‘TONTO HILLS LVR

j Prepared by: .
PROJECT No. TT0609 | Agent: J. Crume COOPER TERIAL SURVEYS COMPANY |” Electronic Seal

ttps: //btr.az.
ITEM No, D24044-SE | Tech: B. Crume Checked: J.Crume | Date: 08/23/2021 https: //btr.az.gov/

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