C1. 420.04.31_F00397-1-TCE OAK STREET BASIN TCE.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 2001R001

TEMPORARY CONSTRUCTION EASEMENT FOR STORAGE

Assessor's Parcel No.: 219-24-192C
Project No. : 420.04.31 Project Name: Oak Street Basin and Storm Drain
Item: F00397-1-TCE [MM]

MM/PM

This Temporary Construction Easement for Storage is entered into by and between Nadezda
Krstic, as surviving Trustor, under Article IV, Paragraph A, of the Tomislav and Nadezda Krstic
Family Trust Agreement, dated July 3, 1992 and Restated on January 11, 2008, 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 for Storage (“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 8514 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 storage of plants,
cactus, dead fall material and surface cobble for 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 Fourteen months (“Term”) which shall commence on 10/15/22 and recorded in Maricopa
County Recorder’s Office. GRANTEE estimates that the period set forth above will be sufficient
time for completion of the work needed for storage of the Project. The consideration for the use
of the TCE Area shall be One Thousand One Hundred Sixty-Two and 50/100 Dollars ($1,162.50)
paid by the GRANTEE to the GRANTOR. This consideration shall be for the last three (3) months
of the Term described. Full consideration for the initial 11 months of this Term was paid by the
Grantee to the Grantor in TCE dated April 28, 2021, and recorded in document 2021-0615730,
Maricopa County Recorder’s Office. 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 in the sum of $387.50 for each month of the
required extension.

Page 1 of 6

Assessor's Parcel No.: 219-24-192C
Project No. : 420.04.31 Project Name: Oak Street Basin and Storm Drain
Item: F00397-1-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

Assessor's Parcel No.: 219-24-192C
Project No. : 420.04.31 Project Name: Oak Street Basin and Storm Drain
Item: F00397-1-TCE [MM]

Grantor: Nadezda Krstic, as surviving Trustor, under Article IV, Paragraph A, of the Tomislav
and Nadezda Krstic Family Trust Agreement, dated July 3, 1992 and Restated on January 11,
2008,

Nadezda Krstic, as Surviving Trustor

STATE OF rn A, is)
COUNTY or NWAL eypa )

The foregoing instrument was acknowledged before me this ASN day of fugust ;

20Anby Nadezda Krstic, as surviving Trustor, under Article IV, Paragraph A, of ‘the Tomislav
and Nadezda Krstic Family Trust Agreement, dated July 3, 1992 and Restated on January 11,
2008.

iy Comuntsston Expires FO=p "oo mies Lue

Notary Public (signature) U

) ss

Notary Stamp Seal

Page 3 of 6

DocuSign Envelope ID: B9E11274-FD25-4394-9D6E-EE789A9FC4AB

Assessor's Parcel No.: 219-24-192C
Project No. : 420.04.31 Project Name: Oak Street Basin and Storm Drain
Item: F00397-1-TCE [MM]

RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DocuSigned by:
Midarl, Fulton. 8/25/2022
Michael A. Fulton, Director Date Chairman of the Board

‘DocuSigned by:
L. AS 8/26/2022
£0812RONSASNACC. ATTEST:

Alex Smith Date
Director, Real Estate Department

Clerk of the Board

Date:

Approved as to form and within the powers and
authority granted to the Board of Directors.

DocuSigned by:

[ ap Puke 8/25/2022
peryapyenpsa4a4 .

General Counsel Date

Page 4 of 6

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 219-24-192C
Project No. 420.04.31
OAK STREET BASIN AND DRAIN-HERMOSA VISTA
Item No. F00397-TCE

LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT

A parcel of land in the 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:

Commencing at the Southwest corner of the West half of the Southeast quarter of the Southwest
quarter of the Northwest quarter of said Section 33;

thence along the westerly line of said West half North 00°11'06" West, for a distance of 25.00 feet to
the Point of Beginning;

thence continuing along said West half North 00°11'06" West, for a distance of 305.08 feet;
thence departing said West half South 89°52'07" East, for a distance of 166.62 feet;

thence South 00°08'11" West, for a distance of 305.09 feet;

thence North 89°51'49" West, for a distance of 164.91 feet to the Point of Beginning;

The above described parcel contains 50,572 square feet or 1.2 acres, more or less, and is depicted on
the attached Exhibit “B”.

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 08/15/2022 HP__| Chk: | Appr: 08/16/2022 THA
Rev:

Maricopa County Real Estate Department

GRANTOR VY, DATE _§- 797d

Page | of 1 Page 5 of 6

Exhibit "B", Attached to Temporary Construction Easement

F00397-TCE Area: 50,572 square feet or 1.2 acres
Total Req'd. Area: 50,572 square feet or 1.2 acres

NO. | BEARING [LENGTH
L1_| No0%1'06"W | 25.00"
L2_|_No0"11'06"W_| 305.08"
L3_| seg°6207"E | 166.62
L4_| So0708'17"W_| 305.09"
L5_| N89°5149"W_ | 164.97 Not to Scale
L3
= 219 219
~ 24 24
B 003N 192D
vn, a
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o F00397
219-24-192C
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=
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= F00397-TCE
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POCx—|, RW Per Doc: 2021-0753112
$ 89°51'49" E
mes MIDSEC LN OAK STREET

1 of 1

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

APN 219-24-192C OAK STREET BASIN AND DRAIN - HERMOSA VISTA

PROJECT No. 420.04.31

ITEM No, F00397-TCE

DATE 08/15/2022

RWM.M. Tech HP

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