A. TEMPORARY CONSTRUCTION EASEMENT.PDF
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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 2009R007 TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel No.: 219-24-003M Project No. : 420.04.31 Oak Street Basin and Drain Item: F00416-1-TCE [MM] MM/WJ This Temporary Construction Easement is entered into by and between Henry C. Douglas and Marilyn R. Douglas, trustees of the Douglas Trust dated November 3, 2011, 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 GRANTOR'S property located at 3311 N Hawes Rd, Mesa, AZ 85207 AKA APN 219-24-003M 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 PCN420.04.31 Oak St Storm Drain & Basin (“Project”). 1, Term and Consideration. This TCE is hereby granted for the stated purpose for a period of 18 months (“Term”) which shall commence 04/01/2021. 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 One Dollar and No/100 Dollars ($1.00) paid by the GRANTEE to the GRANTOR. This consideration shall be for the full Term described. 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, the sum of $10.00 for each month of the required extension. Page 1 of 5 Assessor's Parcel No.: 219-24-003M Project No. : 420.04.31 Oak Street Basin and Drain Item: F00416-1-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 GRANTEES’ 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 5 Assessor's Parcel No.: 219-24-003M Project No. : 420.04.31 Oak Street Basin and Drain Item: F00416-1-TCE [MM] Dated this Ab id day of bobo’ , 20 A . Grantor(s): Henry C. Douglas and Marilyn R. Douglas, trustees of the Douglas Trust dated November 3, 2011, ME Leslo nlp Soqle Henry Cc. Douglas, as Titistee Marilyn R. Douglas, as Trustee STATE OF bwnoe ) COUNTY OF Nueneopa. ° f (} The foregoing instrument was acknowledged before me this Alot day of bit 200, by Henry C. Douglas, as Trustee and Marilyn R. Douglas, as Trustee of the Douglas Trust dated November 3, 2011. My Commission Expires [0:25-0- _ hielo hurr Notary Public (signature) V Notary Stamp Seal Page 3 of 5 Assessor's Parcel No.: 219-24-003M Project No. : 420.04.31 Oak Street Basin and Drain Item: F00416-1-TCE [MM] RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Michael A. Fulton, Director Date Chairman of the Board ATTEST: Michelle Colby, SR/WA 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. General Counsel Date Page 4 of 5 Exhibit A APH 21924-0035 EX, DRAINAGE EASEMENT MCR 20110987737 APN 219-24—-003N FLOOD CONTROL DISTRICT OF MARICOPA COUNTY (DETENTION BASIN SITE) DOUGLAS Page 5 of 5