Extracted text (via pymupdf)
5068 characters
Page 1 of 6 WHEN RECORDED RETURN TO: Maricopa County Real Estate Department 2801 W. Durango Street Phoenix, AZ 85009 EXEMPT A.R.S. § 11-1134, A.2 JC / DO TEMPORARY CONSTRUCTION EASEMENT Parcel No.: 502-09-958 Project No.: TT0576 Project Name: Peoria Avenue (Citrus Road to SR 303) Item No.: D23990 (JC) This Temporary Construction Easement is entered into by and between Jack Loss and Erika Loss, 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 20170944480 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-1" and depicted in Exhibit “A-2” attached hereto (the “Easement Area”) for the purpose of facilitating construction of the project known as TT0576 (“Project”). 1. 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 written notice to the GRANTORS by the GRANTEE. GRANTEE estimates that the period of time stated above will be sufficient for completion of the work within the TCE Area. 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 One Thousand Five Hundred Nineteen and No/100 Dollars ($1,519.00) 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 $127.00 for each additional month or part thereof for the required extension. Project No.: TT0576 Project Name: Peoria Avenue (Citrus Road to SR 303) Parcel No.: 502-09-958 Item No.: D23990 (JC) Page 2 of 6 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 Project No.: TT0576 Project Name: Peoria Avenue (Citrus Road to SR 303) Parcel No.: 502-09-958 Item No.: D23990 (JC) Page 4 of 6 RECOMMENDED FOR APPROVAL: Right of Way Agent Right of Way Supervisor ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS BY: Chairman, Board of Supervisors Date: ATTEST: Clerk of the Board Date: Approved as to form and within the powers and authority of the Board of Supervisors: Deputy County Attorney Date MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 10/03/2024 HP Chk: Appr: Rev: Maricopa County Real Estate Department Page of EXHIBIT ³A ´ PARCEL NO. 502-09-958 PROJECT NO. TT0576 PEORIA AVE CITRUS RD TO SR303 ITEM NO. D23990 LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 26, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 26, BEARS SOUTH 89° 59¶ 06´ EAST, FOR A DISTANCE OF 2643.62 FEET; THENCE SOUTH 89° 59' 06" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION, FOR A DISTANCE OF 1321.87 FEET TO A POINT; THENCE SOUTH 00° 05' 48" EAST, DEPARTING SAID SECTION LINE, FOR A DISTANCE OF 53.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89° 59' 06" EAST, FOR A DISTANCE OF 247.92 FEET; THENCE SOUTH 00° 05' 48" EAST, FOR A DISTANCE OF 10.00 FEET; THENCE NORTH 89° 59' 06" WEST, FOR A DISTANCE OF 229.00 FEET; THENCE SOUTH 00° 00' 54" WEST, FOR A DISTANCE OF 3.50 FEET; THENCE NORTH 89° 59' 06" WEST, FOR A DISTANCE OF 18.91 FEET; THENCE NORTH 00° 05' 48" WEST, FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL CONTAINS 2,545 SQUARE FEET OR 0.0584 ACRES, MORE OR LESS. 11/19/2024 11/19/2024