C. TEMPORARY CONSTRUCTION EASEMENT.PDF
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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 Resolution FCD: 2001R001 TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel No.: 219-24-004F Project No. : 420.04.31 Project Name: Oak Street Basin and Storm Drain Item: F00420-1-TCE [MM] MM/KR This Temporary Construction Easement is entered into by and between Christine Wijcik and Dennis Wijcik, husband and wife as Community Property with Right of Survivorship, hereinafter referred to as GRANTORS, and the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona, its officers, agents, contractors, assigns, heirs, and successors in title or interest, hereinafter collectively called GRANTEE, as of the last date signed below. GRANTORS hereby grants a Temporary Construction Easement (“TCE”), together with the right and privilege of entering upon the area subject to said temporary easement, on, over, under and across that portion of GRANTORS' property located at 8706 E Oak Street, Mesa, Arizona 85207 described and depicted on Exhibit “A”, which is attached to, and made a part of, this temporary easement (“TCE Area”), for the purpose of facilitating construction of the project known as PCN420.04.31 (“Project”). 1. Term and Consideration. This TCE is hereby granted for the stated purpose for a period of Two years (“Term”) which shall commence 30 days after recordation in the Maricopa County Recorder’s Office. GRANTEE estimates that the period set forth above will be sufficient time for completion of the work needed for construction of the Project. The consideration for the use of the TCE Area shall be Five Thousand and No/100 Dollars ($5,00.00) paid by the GRANTEE to the GRANTOR. This consideration shall be for the full Term described. In the event GRANTEE determines that additional time is needed for completion of the Project construction, GRANTEE shall be permitted to extend the term of this TCE by paying, additional consideration, the sum of $416.00 for each month of the required extension. Page 1 of 6 Assessor's Parcel No.: 219-24-004F Project No. : 420.04.31 Project Name: Oak Street Basin and Storm Drain Item: F00420-1-TCE [MM] 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. Any improvements damaged because of GRANTEE’S use of the TCE Area will be replaced in kind. 3. Indemnification. GRANTEE agrees to indemnify GRANTOR for all direct damages to the real property, personal property, or physical injury to persons on the TCE Area, caused by or arising from the sole negligence of GRANTEE in the exercise of GRANTEE'S rights pursuant to the terms of this TCE. All claims shall be submitted in accordance with the requirements of A.R.S. §12-821, et seq. 4. Extinguishment. Upon completion of the Project construction, GRANTEE shall record a document extinguishing this TCE in the office of the Maricopa County Recorder. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE(S) FOLLOW Page 2 of 6 Assessot's Parcel No.: 219-24-004F PCN: 420.04.31 Project: Oak Street Storm Drain and Basin Item: F00420-DE q Dated this day of APRIL 20 Z\. GRANTOR(S): Christine Wijcik and Dennis Wijcik, husband and wife, as community property with right of survivorship A) Caf fD Migeh Christine Wijcik (signatureP Dennis Wijcik (signature) Hew ince OF AR \risH ume ) Cponnes ) ss bp Cai ) 4 Kf AIL The foregoing instrument was acknowledged before me this day of , 202.1, by Christine Wijcik and Dennis Wijcik. ELAINE AUBRY My Commission Expiresff KM toy 0 LOUMASsi 6 A 558 pt ath Avenue 4 Notary Public Prince George, BC V2L 5B5 oe Ph. (250) 564-8442 Page 3 of 6 Assessor's Parcel No.: 219-24-004F Project No. : 420.04.31 Project Name: Oak Street Basin and Storm Drain Item: F00420-1-TCE [MM] RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Michael A. Fulton, Director Date Chairman of the Board H/o) 24 ATTEST: William Bx Wiley, P.E. S *Daté Real Estate Chief Officer Clerk of the Board Date: Approved as to form and within the powers and authority granted to the Board of Directors. General Counsel Date Page 4 of 6 Exhibit “A” Attached to Drainage Easement Parcel No. 219-24-004F Project No. 420.04.31 OAK STREET BASIN AND DRAIN-HERMOSA VISTA Item No. F00420-DE LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A parcel of land in Northwest quarter of Section 33, Township 2 North, Range 7 East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Beginning at the Southeast corner of the property described in Document 2019-0374914, Maricopa County Records; thence along the South line of said Northwest quarter North 89°51'49" West, for a distance of 15.38 feet; thence departing said South line North 56°32'11" East, for a distance of 18.47 feet to the easterly property line of said property; thence along said easterly property line South 00°08'11" West, for a distance of 10.22 feet to the Point of Beginning. The above described parcel contains 79 square feet or 0.0018 acres, more or less, and is depicted on the attached Exhibit “B”. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Prelim: 10/23/2020 HP | Chk: | Appril. ¥ /-20-2626 Rev: Maricopa County Real Estate Department GRANTO PY DATE Aout | Fe Page 1 of 1 Page 5 of 6 Exhibit B, Attached to Drainage Easement NO. BEARING LENGTH L1 N 89°51'49" W 15.38’ L2 N 56°3217° E 18.47' L3 § 00°08'11"° W 10.22" Not to Scale F00420 219 219-24-004F 2 4 P/D 2019-0374914 | 004L © uy a 2 O ow tH aN 219 = yo aN 24 F00420-DE / NY \ 219 24 | YS oo | ona | “47 —< | \ \ pop, / \ / \ / y R7E ~~“ F00420-DE |~\ > | \ \ / SEC e LN OAK STREET \__ “pop F00420-DE Area: 79 square feet or 0.0018 acres Total Req'd. Area: 79 square feet or 0.0018 acres 4 of 1 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY APN 219-24-004F OAK STREET BASIN AND DRAIN - HERMOSA VISTA PROJECT No. 420.04.31 ITEM No. F00420-DE DATE 10/23/2020 RW T.D. Tech HP Page 6 of 6