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When Recorded Return To:
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009
EXEMPT ARS 11-1134.A.2
JO/JM
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel No.: 304-72-021B
Project No.:
TT0630
Project Name:
Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.:
D24575 [JR]
This Temporary Construction Easement is entered into by and between Charlie and Suzanne
Borland, husband and wife as community property with right of survivorship, hereinafter
referred to as GRANTORS, the owner of the real property situated in Maricopa County, Arizona,
which property is set forth in instrument number 20090820153 in the official records of Maricopa
County (the “Burdened Property”), 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 the Burdened Property legally described on Exhibit "A" and
depicted in Exhibit “B” attached hereto (the “Easement 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 Four Thousand Eighty-Seven and
No/100 Dollars ($4,087.00) 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 $340.59 for each
additional month or part thereof for the required extension.
Page 2 of 7
Assessor's Parcel No.: 304-72-021B
Project No.:
TT0630
Project Name:
Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.:
D24575
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
Page 3 of 7
Assessor's Parcel No.: 304-72-021B
Project No.:
TT0630
Project Name:
Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.:
D24575
Dated this __________ day of ________, 20_____.
GRANTORS: Charlie and Suzanne Borland, husband and wife as community property
with right of survivorship
__________________________________
Charlie Borland (signature)
___________________________________
Suzanne Borland (signature)
STATE OF _____________________)
)ss
COUNTY OF ___________________)
The foregoing instrument was acknowledged before me this ________ day of _____, 20 ____,
by Charlie and Suzanne Borland, 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
12th
June
23
AZ
Maricopa
05/25/2024
June
23
12th
Page 4 of 7
Assessor's Parcel No.: 304-72-021B
Project No.:
TT0630
Project Name:
Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.:
D24575
RECOMMENDED FOR APPROVAL:
Right of Way Agent Principal
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
Deputy County Attorney
Date
6/13/2023
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
TEMPORARY CONSTRUCTION EASEMENT
OVER A PORTION OF APN 304-72-021B
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, FROM WHICH THE
SOUTHWEST CORNER OF SAID SECTION 17, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS
EAST, A DISTANCE OF 2633.38 FEET;
THENCE UPON AND WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 205.65 FEET;
THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A
DISTANCE OF 33.00 FEET TO THE EAST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO 2009-0820153,
MARICOPA COUNTY RECORDS;
THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, UPON AND WITH THE NORTHERLY LINE OF
SAID PARCEL, SOUTH 89 DEGREES 30 MINUTES 40 SECONDS EAST, A DISTANCE OF 32.00 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUING UPON AND WITH SAID NORTHERLY LINE, SOUTH 89 DEGREES 30 MINUTES
40 SECONDS EAST, A DISTANCE OF 20.00 FEET;
THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST,
A DISTANCE OF 54.54 FEET;
THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 29.04 FEET;
THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 15.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 40.00 FEET;
THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 44.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 32.26 FEET TO THE
SOUTHERLY LINE OF THE AFORESAID PARCEL;
EXHIBIT "A"
Page 5 of 7
THENCE UPON AND WITH SAID SOUTHERLY LINE, NORTH 89 DEGREES 28 MINUTES 12 SECONDS
WEST, A DISTANCE OF 69.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST,
A DISTANCE OF 155.26 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA
OF 4,582 SQUARE FEET OR 0.105 ACRES OF LAND, MORE OF LESS.
EXHIBIT "A"
Page 6 of 7
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FD TOWN OF GILBERT BRASS CAP FLUSH
W 1 / 4 COR SECTION 17, T2S, R6E
POINT OF COMMENCEMENT
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FD CITY OF CHANDLER BRASS CAP,
FLUSH; SW COR SECTION 17, T2S, R6E
E OCOTILLO RD
LINE DATA TABLE
LINE
BEARING
DISTANCE
L1
soo·os· 19"E
205.65'
L2
N89
°51'41"E
33.00'
L3
ss9· 30• 40"E
32.00'
L10
ss9· 30' 40"E
20.00'
L 11
soo·os· 19"E
54.54'
L12
ss9·51 •41 "w
10.00'
L13
S0Q
°08' 19"E
29.04'
L14
N89
°51'41"E
15.00'
L15
soo·os· 19"E
40.00'
L16
N89
°51 '41 "E
44.00'
L17
soo·os· 19"E
32.26'
L18
N89
°28' 12"W
69.00'
L19
N0Q
°08' 19"W
155.26'
EXHIBIT "B"
Page 7 of 7