C. TEMPORARY CONSTRUCTION EASEMENT.PDF

Maricopa County — Formal (2021-05-19)

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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
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Dated this day of APRIL 20 Z\.
GRANTOR(S): Christine Wijcik and Dennis Wijcik, husband and wife, as community property with
right of survivorship
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Christine Wijcik (signatureP Dennis Wijcik (signature)
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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
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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
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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