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WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009
EXEMPT A.R.S. § 11-1134, A.2
AH / DO
TEMPORARY CONSTRUCTION EASEMENT
Parcel No.:
219-12-149
Project No.: TT0609
Project Name: Tonto Hills Low Volume Roads
Item No.:
D24502 (AH)
This Temporary Construction Easement is entered into by and Dennis N. Barkley and Jeanette
H. Barkley, as Trustees of the Barkley Family Trust U/T/A dated March 8, 2012, hereinafter
referred to as GRANTORS, the owner of the real property situated in Maricopa County, Arizona,
which property is set forth in instrument number 20190014995 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 grant 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 TT0609 – Tonto Hills Low Volume Roads (“Project”).
1.
Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of 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 Five Hundred
and No/100 Dollars ($500.00) 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
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Parcel No.: 219-12-149
Item No.: D24502 (AH)
Project No.: TT0609
Project Name: Tonto Hills Low Volume Roads
the additional consideration in the amount of $42.00 for each additional month or part thereof for
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, 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
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Parcel No.: 219-12-149
Item No.: D24502 (AH)
Project No.: TT0609
Project Name: Tonto Hills Low Volume Roads
Notary Stamp Seal
The notary public certifies that appropriate authorization has
been issued by the Arizona Secretary of State to allow electronic
notarizations or remote online notarization pursuant to A.R.S. §
41-276. This remote notarial act involved the use of
communication technology.
GRANTORS: Dennis N. Barkley and Jeanette H. Barkley, as Trustees of the Barkley
Family Trust U/T/A dated March 8, 2012
)
) ss.
____________________________________
____________
Dennis N. Barkley (signature), as Trustee
STATE OF ARIZONA
COUNTY OF MARICOPA
)
The foregoing instrument was acknowledged before me this 7th day of February, 2025, by
Dennis N. Barkley and Jeanette H. Barkley, as Trustees of the Barkley Family Trust U/
T/A dated March 8, 2012.
My Commission Expires ______________
___________________________________
Notary Public
Dated this 7th day of February 2025.
___________________________________
Jeanette H. Barkley, as Trustee
01/13/2028
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Parcel No.: 219-12-149
Item No.: D24502(AH)
Project No.: TT0609
Project Name: Tonto Hills Low Volume Roads
RECOMMENDED FOR APPROVAL:
Right of Way Agent
Right of Way Supervisor
ACCEPTED:
Board of Supervisors of Maricopa County
By:
Chairman of the Board of Supervisors
Date: __________________________
ATTEST:
Clerk of the Board of Supervisors Date
Approved as to form and within the powers
and authority of the Board of Supervisors
Deputy County Attorney
Date
2/7/2025
Professional Land
Surveyor AZ No. 19817
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Agent: J. Crume
Project No. TT0609
Chk: J. Crume
Electronic Seal
Tech: B. Crume
https://btr.az.gov/
Prepared by: Cooper Aerial Surveys Company
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Parcel No. 219-12-149
Project No. TT0609
TONTO HILLS LVR
Item No. D24502-TCE
Legal Description For Temporary Construction Easement
That portion of the Southwest quarter of Section 10, Township 6 North, Range 5 East of the Gila and
Salt River Meridian, Maricopa County, Arizona, described as follows:
PARCEL 1
COMMENCING at the Northeast corner of Lot 149 of Tonto Hills, Book 93, page 5 M.C.R.
thence South 10 degrees 24 minutes 42 seconds East, 216.72 feet along the East line of said Lot 149 to
the POINT OF BEGINNING;
thence South 10 degrees 24 minutes 42 seconds East, 19.55 feet along said East line;
thence South 79 degrees 35 minutes 18 seconds West, 5.00 feet;
thence North 10 degrees 24 minutes 42 seconds West, 19.55 feet;
thence North 79 degrees 35 minutes 18 seconds East, 5.00 feet to the POINT OF BEGINNING.
Contains 98 square feet or (0.0022 acres), more or less.
PARCEL 2
COMMENCING at the Southwest corner of Lot 149 of Tonto Hills, Book 93, page 5 M.C.R., said
point being a non-tangent curve, concave Northeast, from which the radius point bears North 11
degrees 51 minutes 38 seconds East a distance of 970.00 feet;
thence Southeasterly 152.50 feet along the South line of said Lot 149, along the arc of said curve to the
left through a central angle of 9 degrees 00 minutes 28 seconds to the POINT OF BEGINNING;
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Professional Land
Surveyor AZ No. 19817
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Agent: J. Crume
Project No. TT0609
Chk: J. Crume
Electronic Seal
Tech: B. Crume
https://btr.az.gov/
Prepared by: Cooper Aerial Surveys Company
Page 6 of 7
thence North 9 degrees 43 minutes 18 seconds East, 7.82 feet;
thence North 80 degrees 16 minutes 42 seconds East, 36.00 feet;
thence South 31 degrees 16 minutes 42 seconds East, 17.52 feet to the beginning of a non-tangent
curve, concave Northerly, from which the radius point bears North 0 degrees 17 minutes 48 seconds
West a distance of 970.00 feet, said point lies on said South line;
thence Westerly 43.28 feet along said South line, along the arc of said curve to the right through a
central angle of 2 degrees 33 minutes 23 seconds to the POINT OF BEGINNING.
Contains 466 square feet or (0.0107 acres), more or less.
The above described parcel contains 564 square feet or 0.0129 acres, more or less, and is depicted on
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