FINAL APN 112-22-049B COP 10599_TCEI_9002 - 3-29-21.DOCX
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TEMPORARY CONSTRUCTION EASEMENT PT00321285 Exempt under A.R.S. 11-1134-A2REN - 10599 LRT SCE-9002 KNOW ALL MEN BY THESE PRESENTS:QS 10-27 APN: 112-22-049B That for the consideration of forty-four thousand six hundred seventy-seven dollars ($44,677.00) and other valuable consideration, Maricopa County, a political subdivision of the State of Arizona, GRANTOR, hereby grants to the City of Phoenix, a municipal corporation of the State of Arizona, GRANTEE, a temporary easement (“TCE”) for construction purposes within that certain real property situated in Maricopa County, Arizona, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. This TCE is granted over the areas described and depicted on Exhibit “A” (“TCE Area”), for the purpose of facilitating construction of the project known as South Central Extension/Downtown Hub (SCE/DH) Light Rail (“Project”). 1. Start of Construction. GRANTEE shall provide written notification to GRANTOR of the pending start of construction no less than ten (10) business days in advance of construction activities within the TCE Area. 2. Term and Consideration. This TCE is hereby granted for the stated purpose for a period of twelve (12) months (“Term”) which shall commence upon the date set forth in GRANTEE’S written notice to GRANTOR. The consideration stated above is for the full Term. In the event GRANTEE determines that additional time is needed for completion of the Project construction within the TCE Area, GRANTEE shall be permitted to extend the term of this TCE by paying the sum of $44,677.00 for each year of the required extension to the GRANTOR as additional consideration. 3. Use. GRANTOR’S use of the TCE Area shall be limited to those areas not in use by GRANTEE and shall not interfere with GRANTEE’S facilities. 4. 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 shall, at GRANTEE’S sole cost and expense, be replaced in kind. 5. Indemnification. To the extent permitted by law, GRANTEE hereby indemnifies GRANTOR for all direct damages to the real property, personal property, or physical injury to persons located within 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. IN WITNESS WHEREOF, the MARICOPA COUNTY, a political subdivision of the State of Arizona, has caused its name to be executed by its duly authorized representative as of the date set forth below. Maricopa County, a political subdivision of the State of Arizona By: ________________________________________________ Jack Sellers Chairman Maricopa County Board of Supervisors APPROVED AS TO FORM: ATTEST: _________________________________________ ____________________________________________ Deputy County Attorney Date Clerk of the Board of Supervisors Date APN: 112-22-049B DO NOT WRITE, STAMP, EMBOSS OR PLACE ANY MARKS WHATSOEVER OUTSIDE THE MARGIN LINES OF THIS INSTRUMENT OR THE MARICOPA COUNTY RECORDER MAY NOT RECORD IT, PURSUANT TO A.R.S. 11-480 ESMT-CORP-FORM 7/19 ACKNOWLEDGEMENT STATE OF __________________________ ) ) SS COUNTY OF ________________________) On this, the __________ day of ______________________, 2021, before me, personally appeared Jack Sellers, the Chairman of the Board of Supervisors of Maricopa County, a political subdivision of the State of Arizona, and being duly authorized to do so, executed the foregoing instrument for the purposes contained herein.. _________________________________ NOTARY PUBLIC My Commission Expires ________________________ NOTARY SEAL Title or Type of Document Temporary Construction Easement Date of Document , 2021 Number of pages Eleven (11) Additional signers not listed None DO NOT WRITE, STAMP, EMBOSS OR PLACE ANY MARKS WHATSOEVER OUTSIDE THE MARGIN LINES OF THIS INSTRUMENT OR THE MARICOPA COUNTY RECORDER MAY NOT RECORD IT, PURSUANT TO A.R.S. 11-480 ESMT-CORP-FORM 7/19