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DoacuSign Envelope ID: 805DE81D-7DSA-4BE9-B6B1-4CEB6E17C28D
When Recorded Return To:
Flood Contro! District of Maricopa County
2801 W. Durango Street
Phoenix, AZ 85009
EXEMPT ARS 11-1134.A.2
Resolution FCD 2022R001
SOR
TEMPORARY CONSTRUCTION EASEMENT
C-64-_ -
Assessor's Parcel No.: 403-11-053
PCN: 650.01.314
Project Name: Scott Avenue Wash Emergency Repair
Item No.: F00443-TCE [SO]
This Temporary Construction Easement is entered into by and between Town of Gila
Bend, a municipal corporation, hereinafter referred to as GRANTOR and Flood
Control District of Maricopa County, a political subdivision of the State of Arizona, its
assigns and successors in title or interest, hereinafter collectively called GRANTEE.
GRANTOR 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’), as well as the right to enter upon the hereinafter described land to conduct
all necessary testing, remove all obstacles and to grade, level, fill, drain, pave, build,
maintain, repair and rebuild the Flood Control District of Maricopa County Project known
as PCN #650.01.31 (“Project”), on, over, under and across the ground embraced within
parcels of land situated in the County of Maricopa, State of Arizona, and described as
follows:
1. Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of Eighteen (18) 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 03/01/2022 and is subject to change. GRANTEE
shall provide written notification to GRANTOR of the initiation of construction
activities no less than thirty (30) calendar days in advance of construction activities.
The parties acknowledge receipt of sufficient consideration for this TCE, including
the protection of the citizens of Maricopa County and Gila Bend from flood
damage.
Page 1 of 6
DocuSign Envelope iD: 805DE81D-7D8A-4BE9-B6B1-4CEB6E17C28D
Assessor's Parcel No.:
PCN:
Project Name:
Item No.:
403-11-053
650.01.31
Scott Avenue Wash Emergency Repair
F00443-TCE [SO]
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 GRANTOR in writing.
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 Flood Control District of Maricopa County.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE(S) FOLLOW
Page 2 of 6
Assessor's Parcel No.: 403-141-053
PCN: 650.01.31
Project Name: Scott Avenue Wash Emergency Repair
item No.: F00443-TCE [SO]
Dated this 26+" day of Fea WW 2022.
bho 4 municipal corporation
_ Signature)
Y Che Cc Wh yh +~
(Title)
STATE OF 4 KI2DNA )
. )§
county oF [ayitopa )
The foregoing instrument was acknowledged before me this 70" day of Febaary,
20 2by Sane Towne its Vice Mauoy of
(Nameé of officer or agent) "(Title)
~Tbwn oF Cilla Rend afan Avi20 N4 corporation, on behalf
(Name of corporation) (State)
of the corporation. bok.
My Commission Expires| oN
Notary Pubic (signataré)
BRENDA MARIE FUENTES
Motery Pubic - Stata of Arizona
MARICOPA COUNTY
Notary Stamp Seal
Page 3 of 6
DocuSign Envelope 1D; 805DE81D-7D9A-4BE9-B6B1-4CEB6E17C28D
Assessor's Parcel No.: 403-411-053
PCN: 6560.01.34
Project Name: Scott Avenue Wash Emergency Repair
Item No.: F00443-TCE [SO]
RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
‘DocuSlgned by:
Microrl Fulton 3/4/2022
Michael ‘A. Fulton, Director Date Chairman of the Board
DocuSigned by:
[= oe 3/1/2022
F0612B0D585D4CC.... 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:
Wayne Prot
General Counsel
Page 4 of 6
Parcel No, 403-11-153
Project No. 650.01.31
SCOTT AVE WASH EMERGENCY REPAIR
Item No. ¥00443-TCE
EXHIBIT “A”
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
That Part of Tract “C”, of West Gila Bend Amended, according to the plat of record in the office of the
County Recorder of Maricopa Country, Arizona, recorded in Book 32 of Maps, Page 33 described as
follows:
COMMENCING at the Southeast corner of said Tract “C”,
thence South 77°27'59" West, for a distance of 80.37 feet to the Point of Beginning;
thence South 79°08'13" West, for a distance of 59.63 feet;
thence South 78°10'18" West, for a distance of 29.22 feet;
thence North 11°59'06" West, for a distance of 98.06 feet;
thence North 72°23'35" East, for a distance of 89.47 feet;
thence South 11°52'55" East, for a distance of 108.07 feet to the Point of Beginning.
The above described parcel contains 9,152 square feet or 0.2101 acres, more or less, and is depicted on
attached Exhibit "B",
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prallm: 2/01/2022 hp _| Chk: 2/4/22JHA _| Appr:
Rev:
Maricopa County - Real Estate Department
GRANTOR DATE Page 5 of 6
EXHIBIT “A”
Exhibit "B"
st
Pee a ABE
—s Wi? 443-TCE
a ki) FOO
— 3
a
2
44-063 3 “4g
HENDTOWNOT Big qetiots
GILA 3 29.
z 79.0)
s 59.
aT I |
F00443-FEE Area: 9,152 square feet or 0.2101 acres
Total Req'd. Area: 9,152 square feet or 0.2104 acres
Not fo Scale
{of 4
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY _
APN 403-411-153 SCOTT AVE WASH EMERGENCY REPAIR
PROJECT No, 650.01.31
ITEM No, F00443-TCE DATE 02/10/2022 RAW S.0. Tech HP
Page 60f6