Extracted text (via pymupdf)
7592 characters
Page 1 of 6
When Recorded Return To:
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009
EXEMPT ARS 11-1134.A.2
TEMPORARY CONSTRUCTION EASEMENT
Parcel No.: 304-73-971
Project No.: TT0630
Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24570 (JR)
This Temporary Construction Easement is entered into by and between, Thomas Davis and Tyler
Davis, husband and wife as community property with right of survivorship, hereinafter
referred to as GRANTORS and Maricopa County, a political subdivision of the State of Arizona,
its assigns and successors in title or interest, hereinafter collectively called GRANTEE.
GRANTORS hereby grants a Temporary Construction Easement (“TCE”), together with
the right and privilege of entering upon the area subject to the conditions set forth herein, on, over,
under and across that portion of GRANTOR'S property described in Exhibit “A” and depicted in
Exhibit “B”, which are attached hereto, and made a part hereof (“TCE Area”), for the purpose of
facilitating construction of the project known as TT0630 (“Project”).
1. Term and Consideration. This TCE is hereby granted for the stated purpose for a period
of 12 months (“Term”) which shall commence upon the initiation of construction activities.
GRANTEE estimates that the period of time stated above will be sufficient for completion
of the work within the TCE Area. Construction is currently scheduled to start on
September 6, 2023 and is subject to change. GRANTEE shall provide written notification
to GRANTORS of the initiation of construction activities no less than thirty (30) calendar
days in advance of construction activities. The consideration for the use of the TCE Area
is Three Thousand Eighty-Three and No/100 Dollars ($3,083.00) paid by GRANTEE
to GRANTORS. This consideration is for the full Term described above. In the event
GRANTEE determines that additional construction time within the TCE Area is needed
for completion of the Project, GRANTEE shall be permitted to extend the term of this
TCE by notifying the GRANTORS in writing and issuing a payment for the additional
consideration in the amount of $256.92 for each additional month or part thereof for the
required extension.
Parcel No.: 304-73-971
Project No.: TT0630
Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24570 (JR)
Page 2 of 6
2.
Damages. The GRANTEE shall be liable for any permanent damage to the TCE
Area, and/or any improvements therein, caused by GRANTEE during the Term of this TCE, and
any extension thereof. Any improvements damaged as a result of GRANTEE’S use of the TCE
Area will be replaced in kind.
3.
Extinguishment. Upon completion of the Project construction, GRANTEE shall
record a document extinguishing this TCE in the office of the Maricopa County Recorder, which
document may be executed on behalf of the Grantee by the Director of the Maricopa County
Real Estate Department.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE(S) FOLLOW
Parcel No.: 304-73-971
Project No.: TT0630
Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24570 (JR)
Page 3 of 6
Dated this _______day of ____________________, 20____.
Grantors: Thomas Davis and Tyler Davis, husband and wife as community property with
right of survivorship
____________________________________
____________________________________
Thomas Davis
Tyler Davis
STATE OF ___________________ )
) ss
COUNTY OF _________________ )
The foregoing instrument was acknowledged before me this _______ day of ____________,
20__, by Thomas Davis and Tyler Davis, husband and wife, as community property with
right of survivorship.
My Commission Expires_______________
______________________________
Notary Public (signature)
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.
23
May
23
AZ
23
May
Maricopa
05/25/2024
Parcel No.: 304-73-971
Project No.: TT0630
Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24570 (JR)
Page 4 of 6
RECOMMENDED FOR APPROVAL:
______________________________
______________________________
Right of Way Agent Principal
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
Deputy County Attorney
Date
///
///
///
///
///
///
5/24/2023
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
TEMPORARY CONSTRUCTION EASEMENT
OVER A PORTION OF APN 304-73-971
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 18, FROM WHICH THE
SOUTHEAST CORNER OF SAID SECTION 18, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS
EAST, A DISTANCE OF 2633.38 FEET;
THENCE UPON AND WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 659.04 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A
DISTANCE OF 40.00 FEET TO THE WEST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING A
POINT ON THE NORTHERLY LINE OF THE CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO
2016-0595101, MARICOPA COUNTY RECORDS;
THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, UPON AND WITH SAID NORTHERLY LINE,
SOUTH 88 DEGREES 51 MINUTES 35 SECONDS WEST, A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING;
THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST,
A DISTANCE OF 164.60 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL;
THENCE UPON AND WITH SAID SOUTHERLY LINE, SOUTH 88 DEGREES 50 MINUTES 54 SECONDS
WEST, A DISTANCE OF 15.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST,
A DISTANCE OF 125.97 FEET;
THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 18.00 FEET;
THENCE NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST, A DISTANCE OF 38.32 FEET TO THE
AFORESAID NORTHERLY LINE;
THENCE UPON AND WITH SAID NORTHERLY
LINE, NORTH 88 DEGREES 51 MINUTES 35
SECONDS EAST, A DISTANCE OF 33.01 FEET TO
THE POINT OF BEGINNING AND CONTAINING A
COMPUTED AREA OF 3,162 SQUARE FEET OR
0.073 ACRES OF LAND, MORE OF LESS.
Page 5 of 6
"
<O
0
THIS IS NOT
A PROPERTY
BOUNDARY
SURVEY.
..---- 0
r--- ..
CJ) I.[)
I m
f"1 I.[)
r--- 0
I
I
Oo
f"1 N
z 0:::
Q_ I
<( (/)
FD TOWN OF GILBERT BRASS CAP FLUSH
E 1 / 4 COR SECTION 18, T2S, R6E
POINT OF COMMENCEMENT
POINT OF
BEGINNING
33'
TCE H
15'
EXST IRR ESMT
DKT 9458, PG 938
EXST WATER/SEWER ESMT
LB
D KT 9 45 9 . PG _3__ 4 1 _ ----t----1--1
L4
FD CITY OF CHANDLER BRASS CAP FLUSH
SE COR SECTION 18, T2S, R6E
E OCOTILLO RD
LINE DATA TABLE
LINE DATA TABLE
LINE
BEARING
DISTANCE
LINE
BEARING
DISTANCE
L1
S89
° 51 '41 "w
40.00'
L5
NOQ
°08' 19"W
125.97'
L2
S88
°51 '35"w
25.00'
L6
S89
°51'41"w
18.00'
L3
SOQ
°08'19"E
1 64.60'
L7
Noo·o8'1 g"w
38.32'
L4
S88
°50'54"W
15.00'
L8
N88
°51 '35"E
33.01'
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EXHIBIT "B"