A. TEMPORARY CONSTRUCTION EASEMENT.PDF

Maricopa County — Formal (2022-01-26)

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When Recorded Return To:

Maricopa County Real Estate Department
2801 W. Durango Street

Phoenix, AZ 85009

EXEMPT ARS 11-1134.A.2
Resolution FCD 2018R006

TEMPORARY CONSTRUCTION EASEMENT

Assessor's Parcel No.: 300-16-001-H

Project No.: 117,05.31

Project Name: 27" and Olney Avenues Storm Drain Project
Item: F00405-1-TCE WJ

CV / JIM

This Temporary Construction Easement is entered into by and between Charles S. Bryson and
Nancy R. Bryson, as Trustees, or their successors in trust, under the Charles S. Bryson and Nancy
R. Bryson Living Trust, dated November 30, 2020, hereinafter referred to as GRANTORS, 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.

GRANTORS hereby grant a Temporary Construction Easement (“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 GRANTORS' property located at 9219 S. 27" Ave. Phoenix,
Arizona 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 construction of the project
known as 117.05.31(“Project”).

1. Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of twenty-one months ("Term") which shall commence on January Ist, 2022. GRANTEE
estimates that the period set forth above will be sufficient time for completion of the work needed
for construction of the Project. The consideration for the use of the TCE Area shall be Nine
Hundred Eighty and No/100 Dollars ($980.00) plus an additional Twelve Thousand and No/100
Dollars ($12,000.00) for the improvements in the TCE area for a total consideration of Twelve
Thousand Nine Hundred Bighty and No/100 Dollars ($12,980.00).

Page Il of 6

Assessor's Parcel No.: 300-16-001-H

Project No. : 117.05,31

Project Name: 27" and Olney Avenues Storm Drain Project
Item: F00405-1-TCE WJ

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, 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.: 300-16-001-H

Project No. : 117.05.31

Project Name: 27" and Olney Avenues Storm Drain Project
Ttem: F00405-1-TCE WJ

Dated this “£  dayof Wee , 2021.

Charles S. Bryson and Nancy R. Bryson, as Trustees, or their successors in trust, under the
Charles S. Bryson and Nancy R. Bryson Living Trust, dated November 30, 2020

LEAK LO [Sy 1— he

By: Charles S. Bryson, Trustee By: NancyA&. Bryson
Its: Trustee Its: Trustee

state or AN Do )

) ss

COUNTY OF MAL COPA )

A

The foregoing instrument was acknowledged before me this [ (A day of OelOp-beK :
2021, by Charles S. Bryson and Nancy R. Bryson, as Trustees, or their successors in trust, under
the Charles S. Bryson and Nancy R. Bryson Living Trust, dated November 30, 2020

My Commission Expires Oem bar 9202 ( WY

NotaryPablic (signature)

ras CHRISTIAN VAZQUEZ

Notary Public - Arizona,
Maricopa County

Commission # 877172

‘ My Comm, Exp, December 30, 2023

Notary Stamp Seal
Page 3 of 6

DocuSign Envelope 1D: 9565D833-9840-4799-BB37-21 3969AFD6FE

Assessor's Parcel No.: 300-16-001-H

Project No. : 117.05.31

Project Name: 27" and Olney Avenues Storm Drain Project
Item: F00405-1-TCE WJ

RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT

OF MARICOPA COUNTY

DocuSigned by:

Midval Fulton 12/17/2021
61 N7iDCA7EBB4RC
Michael A. Fulton, Director Date Chairman of the Board
DocuSigned by:
flere Swith
mh BODSSSDACC 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:

David W, Kenta 12/17/2021

D69603N1276D493.
General Counsel Date

Page 4 of 6

Exhibit "A"

RO|REVISIONS/SUBHISSIONS| DATE

EASEMENT
LEGAL DESCRIPTION

Project. No.: PCN 117.05.31

Description: 27th and Olney Avenue Storm Drain Project.
Parcel No.: 300-16-0018

Street Address: 9219 8 27TH AVE LAVEEN 85339 _

A TEMPORARY CONSTRUCTION EASEMENT OVER THAT TRACT AS
CONVEYED TO NANCY AND CHARLES S. BRYSON BY DEED OF RECORD
IN INSTRUMENT NUMBER 1996—0357909, MARICOPA COUNTY RECORDS
(MCR) AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP 1 SOUTH, RANGE 2 EAST OF THE GILA & SALT RIVER
MERIDIAN, CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

THE WEST 15 FEET OF SAID NANCY AND CHARLES S. BRYSON TRACT,

THE ABOVE DESCRIBED EASEMENT CONTAINS 0.0706 ACRES (3075 S.F.)
OF LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD.

r “T RITOCH-POWELL
IRPA & Associates
602-263-1177
L. | WWW.RPAENG,COM
Sheet 1 of 2

Pi\Profects\2019\219086 — 27Ih & Olney Ave Storm Drain & Roadway Design (naw)\Survey\Lego! Descriptions\ 3100-16-00 tH.dwg

Page 5 of 6

Exhibit "A"

TEMPORARY CONSTRUCTION
EASEMENT AREA
CALCULATIONS

Project No.: PCN 117.05.31—

Description:-27th and Olney Avenue Storm Drain Project-
Parcel No.: 300-16-001H-

Street Address:—9219-S-27TH-AVE—LAVEEN -85399 ~

NOIRBVISIONS/SUBMISSIONS| DATE |
i loncemar, sumerra, [05/00/20

|Aren_ of Rvieting Parcel! Area to be Acquired Area_Remaining

Type of Acquisition | Symbol Sq. Ft. Acres Sq. Ft.

Acres Sq. Ft. Acres

| Exist, Parcel 72,982. 1.8754 - ~ 72,082 1.6754.
|Permanent ROK. KML: = = = = = -
Temp. Const, Basement! corns. 1% =. - 3,075 0.0708. = =

Drainage Easement NX SONS = = =

NORTHWEST CORNER

OLNEY AVE

SECTION 12, T1S, R2E g
DOBBINS RD
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IRPA & Associates
602-263-1177
L | WWW.RPAENG.COM
Sheet 2 of 2

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Page 6 of 6

When Recorded Return To:

Maricopa County Real Estate Department
2801 W. Durango Street

Phoenix, AZ 85009

EXEMPT ARS 11-1134,A.2
Resolution FCD 2018R006 C18-22- NT-A0O

TEMPORARY CONSTRUCTION EASEMENT

Assessor's Parcel No.: 300-16-001-H

Project No. 117.05.31

Project Name: 27" and Olney Avenues Storm Drain Project
Item: F0000405-1-TCE WJ

CV {JM

This Temporary Construction Easement is entered into by and between Charles S Bryson and
Nancy Bryson, his wife, joint tenants with right of survivorship, hereinafter referred to as
GRANTORS, 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.

GRANTORS hereby grant a Temporary Construction Easement (“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 GRANTORS' property located at 9219 S. 27" Ave. Phoenix,
Arizona described and depicted on Exhibit “A”, which is attached to, and made a part of, this
temporary easement (“I'CE Area”), for the purpose of facilitating construction of the project
known as 117,05.31(“Project”).

1. Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of twenty-one months (“Term”) which shall commence on January 1%, 2022.
GRANTEE estimates that the period set forth above will be sufficient time for completion of the
work needed for construction of the Project. The consideration for the use of the TCE Area
shall be Nine Hundred Eighty and No/100 Dollars ($980.00) paid by the GRANTEE to the
GRANTORS. This consideration shall be for the full Term described.

Page 1 of 6

Assessor's Parcel No.: 300-16-001-H

Project No. : 117.05.31

Project Name: 27" and Olney Avenues Storm Drain Project
Item: F00405-1-TCE WI

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 GRANTORS 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.: 300-16-001-H

Project No. : 117.05.31

Project Name: 27" and Olney Avenues Storm Drain Project
Item: F00405-1-TCE WJ

Dated this VG day of Octo bes oD.

WY), /) S Bryson and Nancy Bryson, his wife, joint tenants with right of survivorship

Charles S Bryson Nancy ByySon

STATE OF Art LON __ )

‘ ) ss
COUNTY OF Meayc Coon )

* ay of lb
The foregoing instrument was acknowledged before me this 1G day of 0c ef :
202], by Charles S Bryson and Nancy Bryson, his wife, joint tenants with right of survivorship.

My Commission Expires December $0292) W

Notary Pupli€ (signature)

CHRISTIAN VAZQUEZ
Notary Public - Arizona
Maricopa County

Commission # 577172
Sie” My Comm. Exp, December 30, 2023

Notary Stamp Seal

Page 3 of 6

DocuSign Envelope ID: 6133E029-C41D-4926-B009-46C6FF15C906

Assessor's Parcel No.: 300-16-001-H
Project No. : 117.05.31

CAET2-ON-X CO

Project Name: 27" and Olney Avenues Storm Drain Project

Item: F00405-1-TCE WJ

RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DocuSigned by:
fl 11/10/2021
Michael A. Fulton, Director Date VA Chairman of the Board
Docusigned by:
EE 11/9/2021 ;
p0s420D865D40C- ATTEST:
Alex Smith Date
Director, Real Estate Department wattle jay
| Uanettt
} Clerk of the Board
Scare aes
Date: Git OO

Approved as to form and within the powers and

authority granted to the Board of Directors.

DocuSigned by:

Wayne Puke

B2EGBD 10085241...

11/9/2021

General Counsel Date

Page 4 of 6

Exhibit "A"

INO|REVISIONS /SUBMISSTONS

DATE

TEMPORARY CONSTRUCTION — fi losiana sumarrat,—f5/00/20

EASEMENT
LEGAL DESCRIPTION

Project No.: PCN 117.05.31

Description: 27th and Olney Avenue Storm Drain Project
Parcel No.: 300-16~0019,

Street Address: 9219 S 27TH AVE LAVEEN 65339

A TEMPORARY CONSTRUCTION EASEMENT OVER THAT TRACT AS
CONVEYED TO NANCY AND CHARLES S. BRYSON BY DEED OF RECORD
IN INSTRUMENT NUMBER 1996—0357909, MARICOPA COUNTY RECORDS
(MCR) AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP 1 SOUTH, RANGE 2 EAST OF THE GILA & SALT RIVER
MERIDIAN, CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

THE WEST 15 FEET OF SAID NANCY AND CHARLES S. BRYSON TRACT.

THE ABOVE DESCRIBED EASEMENT CONTAINS 0.0706 ACRES (3075 S.F.)
OF LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD.

r “T RITOCH-POWELL

| RPA & Associates
602-263-1177

L | WWW.RPAENG.COM

PAProjecte\2019\219086 — 271h & Olney Ave Storm Droin & Roadwoy Design (new)\Suivay\Legal Deacriations\100~16—-001H.dwg Sheet 1

of 2

Page 5 of 6

Exhibit "A"

O|REVISIONS/SUBMISSIONS| DATE
TEMPORARY CONSTRUCTION —[\gaean aun Gays
EASEMENT AREA
CALCULATIONS
Project No.: PCN 117.05.31—
} Description:-27th and Olney Avenue Storm Drain Project—
Parcel No.: 300~16-001H- |
i =Street Address:—-9219-S-27TH-AVE-LAVEEN-85399~—
. |Area_of Exiating Parcel! Area to he Acquired Area Remaining _|
Type of Acquisition | Symbol | sq rt. | Acres | Sq. Ft | Acres | Sq.Ft. | Acros | |
Exist. Parcel 72,082 | 1.0754 ~ = 72,092 | 1.8764.
[Permanent ROW. V4 = _ - - ~ -
| (temp. Const. Rasementlo oyu = = 2,075 | 0.0708 = =
Drainage Easement. N NAN = - ~ =. = = i
NORTHWEST CORNER
SECTION 12, TiS, R2E |
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NTS,
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Sheet 2 of 2

OLNEY AVE

Page 6 of 6