B3. TEMPORARY CONSTRUCTION EASEMENT_D24578.PDF

When Recorded Return To:

Maricopa County Real Estate Department
2801 W. Durango Street

Phoenix, AZ 85009

EXEMPT ARS 11-1134.A.2

JO

TEMPORARY CONSTRUCTION EASEMENT

/__ JM

Parcel No.: 304-72-029

Project No.: TT0630

Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24578 (JR)

This Temporary Construction Easement is entered into by and between, Matthew and Heather
Shults, husband and wife as community property with rights of survivorship, hereinafter referred
to as GRANTORS 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 GRANTOR'S property described in Exhibit “A” and depicted in
Exhibit “B”, which are attached hereto, and made a part hereof (““TCE Area”), for the purpose of
facilitating construction of the project known as TT0630 (“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 initiation of construction activities.
GRANTEE estimates that the period of time stated above will be sufficient for completion
of the work within the TCE Area. Construction is currently scheduled to start on
September, 6", 2023 and is subject to change. 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 Two Thousand Eight Hundred Sixty-Eight and No/100 Dollars
($2,868.00) 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 $239.00 for each
additional month or part thereof for the required extension.

Page 1 of 7

MCDOT-FCD TCE Template Approved 11-17-21 W Peck, MCAO

DocuSign Envelope ID: CEC26839-BD1E-4407-82A6-C5BA469C2785

Parcel No.: 304-72-029

Project No.: TT0630

Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24578 (JR)

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

Page 2 of 7

MCDOT-FCD TCE Template Approved 09-13-21 W Peck, MCAO

Parcel No.: 304-72-029

Project No.: TT0630

Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24578 (JR)

Dated this 2 LX day of _\a a UW , 20 Qo

Grantor(s): Matthew Shults and Heather Shults, husband and wife, as community property
with right of survivorship

Matthew Shults (signature)

her Shults (signature

STATE OF _Akwazond )
COUNTY OF Manictol )

The foregoing instrument was acknowledged before me this LO day of Sulu 5
207 by Matthew Shults and Heather Shults, husband and wife, as community property
with right of survivorship

My Commission Expires Sule (65) WU OM. Pa

a Public “Oo

JORDAN MCMURRAY
Notary Public - Arizona
Maricopa County
Commission # 584917
My Comm. Exp. June 28, 2024

Notary Stamp Seal

Page 3 of 7

MCDOT-FCD TCE Template Approved 09-13-21 W Peck, MCAO

DocuSign Envelope ID: CEC26839-BD1E-4407-82A6-C5BA469C2785

Parcel No.; 304-72-029

Project No.: TT0630

Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24578 (JR)

DocuSigned by: DocuSigned by:
Juunifr Rodrigues Patrice Murs,

Right of Way Agent Right of Way Supervisor

Real Estate Department Real Estate Department
ACCEPTED:
BOARD OF SUPERVISORS OF
MARICOPA COUNTY
By:

Chairman of the Board

ATTEST:

Clerk of the Board of Supervisors Date

Approved as to form and within the powers

[aga pe of the Board of Supervisors
WN

aye Pre 7/28/2022
Deputy County Attorney Date

Page 4 of 7

DocuSign Envelope ID: CEC26839-BD1E-4407-82A6-C5BA469C2785

EXHIBIT. "A"
LEGAL DESCRIPTION
FOR
TEMPORARY CONSTRUCTION EASEMENT
OVER A PORTION OF APN 304-72-029

A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, FROM WHICH THE
SOUTHWEST CORNER OF SAID SECTION 17, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS
EAST, A DISTANCE OF 2633.38 FEET;

THENCE UPON AND WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 826.13 FEET;

THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A
DISTANCE OF 33.00 FEET TO THE EAST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO 2017-0617887,
MARICOPA COUNTY RECORDS;

THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, UPON AND WITH THE NORTHERLY LINE OF
SAID PARCEL, NORTH 89 DEGREES 54 MINUTES 09 SECONDS EAST, A DISTANCE OF 32.00 FEET TO
THE POINT OF BEGINNING;

THENCE CONTINUING NORTH 89 DEGREES 54 MINUTES 09 SECONDS EAST, A DISTANCE OF 15.00
FEET;

THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST,
A DISTANCE OF 47.65 FEET;

THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 15.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 60.00 FEET;
THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 15.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 20.05 FEET;
THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 5.00 FEET;

THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 28.51 FEET TO THE
SOUTHERLY LINE OF THE AFORESAID PARCEL;

THENCE UPON AND WITH-SAID SOUTHERLY LINE, NORTH 89 DEGREES 18 MINUTES 20 SECONDS
WEST, A DISTANCE OF 10.00 FEET;

AUG 2021
APN 304—72-029 PAGE 1 DIBBLE PROJECT NO 101493.06

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DocuSign Envelope ID: CEC26839-BD1E-4407-82A6-C5BA469C2785

EXHIBIT “A”

THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST,
A DISTANCE OF 156.08 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA
OF 3,100 SQUARE FEET OR 0.071 ACRES OF LAND, MORE OF LESS.

AUG 2021
APN 304-72-029 PAGE 2 DIBBLE PROJECT NO 101493.06

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DocuSign Envelope ID: CEC26839-BD1E-4407-82A6-C5BA469C2785

FILE:C:\Users\ beverly.rosei\AppData\\Local\ Temp\ AcPublish_21000\\304—72-029_TCE.dwg DATE:Aug, 31 2021 TIME: 05:22 pm

EXHIBIT "B"

FD TOWN OF GILBERT BRASS CAP FLUSH
W 1/4 COR SECTION 17, T2S, R6E
POINT OF COMMENCEMENT

are
}-L2~J L314
15°
POINT OF + =| [=
BEGINNING {TCE
o® LINE DATA TABLE
. L6 L IN
ae ala Ts LINE | BEARING DISTANCE
aes | re No raaQ” ,
ren 0 ~ old Td L1 | $00'08'19"E | 826.13
N _ a WIN te
= 4 oS §°e L2 | N89°51'41"E | 33.00’
2 t
ie ke
QNse “A @l|8 Ef L3 | N89°54’09"E | 32.00’
ZX 53 L8 | P <B
595 33 32 a x = L4 | N89°54’09"E | 15.00”
a] EXST L110 contig”
R/W = L5 | $00°08'19"E | 47.65
5 — — | L6 | N89°51741"E | 15.00’
a FD CITY OF CHANDLER BRASS cap, | 47 | S00°08'19"E | 60.00’
FLUSH: “SW COR SECTION 17, Ls | saosi'41°w | 15.00'
E OCOTILLO RD L9 | $00°08'19"E | 20.05’
N L10 | $89°51'41"W | 5.00’
L11 | soo'08’'19"E | 28.51’
L12 | N89°18’20"W | 10.00’
L13 | Noo"08’19"W | 156.08’
NTS
PARCEL AREA:
3,100 SF OR
0.071 ACRES

TCE

THIS IS NOT A PROPERTY BOUNDARY SURVEY.

DIBBLE
es

Dibble Engineering
Project No 101493.06

EXHIBIT ”A”
TEMPORARY CONSTRUCTION EASEMENT

APN 304—72-029

A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 17, T2S, R6E, GILA & SALT RIVER
MERIDIAN, MARICOPA COUNTY, ARIZONA

DATE: AUG 2021

DRN:

BAR CHK:

ACC

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