J. TEMPORARY CONSTRUCTION EASEMENT.PDF

When Recorded Return To:
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009
EXEMPT ARS 11-1134.A.2
Resolution FCD 2018R006
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel No.: 300-16-014-J
Project No.: 117.05.31 Project Name: 27" and Olney Avenues Storm Drain Project
Item: F00408 -1-TCE WJ
CV__/_ GC
This Temporary Construction Easement is entered into by and between DANIEL C. KOHN, a
married man as his sole and separate property, hereinafter referred to as GRANTOR, 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.
GRANTOR 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 GRANTOR'S property located at 2636 W. Olney Avenue, Arizona
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
117.05.31 (“Project”).
l. Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of fifteen months (“Term”) which shall commence on June 30, 2021. 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 Hundred
Ten and No/100 Dollars ($510.00) 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 $33.90 for each
month of the required extension.
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.
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Assessor's Parcel No.: 300-16-014-J
Project No. : 117.05.31 Project Name: 27" and Olney Avenues Storm Drain Project
Item: F00408 -1-TCE WJ
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
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Assessor's Parcel No.: 300-16-014-J
Project No. : 117.05.31 Project Name: 27" and Olney Avenues Storm Drain Project
Item: F00408 -1-TCE WJ
Dated this_1 lo day of Rack 2021,
Grantor(s): Daniel C. Kohn, a married man as his sole and separate property
PSA
Owners Name (signature)
stateor _AY(LONA _ )
Mar -
COUNTY OF conn
Val rd
The foregoing instrument was acknowledged before me this day of hol (
20 wil [, by Daniel C. Kohn, a married man as his sole and separate property.
My Commission Expires(\Umlaol0), d9)5 —_
Nota’ fic
CHRISTIAN VAZQUEZ ;
Notary Public - Arizona
Maricopa County
— #577172
SE ss
Notary Stamp Seal
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Assessor's Parcel No.: 300-16-014-J
Project No. : 117.05.31 Project Name: 27" and Olney Avenues Storm Drain Project
Item: F00408-1-TCE WJ
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
ATTEST:
William D. Wiley, P.E. Date
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
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TEMPORARY CONSTRUCTION _
Lee SUBMITTAL
s/se/an
EASEMENT
LEGAL DESCRIPTION
Project No.: PCN 117.05.31
_
Description: 27th and Olney Avenue Storm Drain Project
Parcel No.: 300-16~014J_
Street Address: 2636 W OLNEY AVE PHOENIX AZ 85041 _
A TEMPORARY CONSTRUCTION EASEMENT OVER THAT TRACT AS CONVEYED TO
DANIEL C. KOHN BY DEED OF RECORD IN INSTRUMENT NUMBER
2018-0647950, MARICOPA COUNTY RECORDS (MCR) AND LOCATED IN THE
NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 2 EAST OF
THE GILA & SALT RIVER MERIDIAN, CITY OF PHOENIX, MARICOPA COUNTY,
ARIZONA, AS SHOWN ON SHEET 2 OF 2 OF THIS DOCUMENT.
THE ABOVE DESCRIBED EASEMENT CONTAINS 0.0355 ACRES (1545 S.F.) OF
LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD.
ae
a” 42937 ¢
JESSE BOYD
r “T RITOCH-POWELL
& Associates
| RPA
602-263-1177
L J WWW.RPAENG.COM
Sheet 1 of 2
PAProjects\2019\219086 — 27th & Olney Ave Storm Droin & Roadway Design (new)\Survey\Legal Descriptions\300-16—014) (TCE).dwg
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Exhibit A
TEMPORARY CONSTRUCTION etn omen bean
a
EASEMENT AREA
CALCULATIONS
Project No.:_PCN 117.05.31
Description:_2 d Olmey Avenue Sto ain Project
Parcel No.:_3800-16—-0147 _
Street Address: 2636 W OLNEY AVE PHOENIX AZ 85041
Area of Existing Parcel| Area to be Acquired Area Remaining |
Type of Acquisition songs | Symbol Sq. Ft. ‘Acres Sq. Ft. Acres Sq. Ft. heres
Exist. Parcel 40,847 0.9977 - al 40,647 0.93977
Permanent ROW VIIIHA-A-T = - - - -
Temp. Const, Easement|ooXxS@exx) - - 1,545 0.0355 - _
Drainage Easement QQ - _ - - - -
N ee
eee
—_—
—-
APN 300-16-014J
NTS.
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300.00° {(% 2127.81
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OLNEY AVE
NEW PERMANENT ROW BY
SEPARATE INSTRUMENT
WEST QUARTER—CORNER CENTER QUARTER—CORNER
SECTION 12, TIS, R2E SECTION 12, T1S, R2E
r “T RITOCH-POWELL
& Associates
IRPA
602-263-1177
L J WWW.RPAENG.COM
Sheet 2 of 2
PA\Projects\2018\219086 — 27th & Olney Ave Storm Groin de Rocdway Design [new)\Survey\Legal Descriptions 300-168-0440 (ICE) deg
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