A. TEMPORARY CONSTRUCTION EASEMENT.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 2009R007

TEMPORARY CONSTRUCTION EASEMENT

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

MM/KR

This Temporary Construction Easement 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 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 8514 E. Oak Street, Mesa,
Arizona 85207 (Also known as APN’s: 219-24-192C & 192D) 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 PCN 420.04.31(Oak Street
Basin and Storm Drain).

1. Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of 18 months (“Term”) which shall commence 08/01/2020. 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 Thousand and
No/100 Dollars ($1,000.00) paid by the GRANTEE to the GRANTORS. 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 $56.00 for each month of the
required extension.

Page 1 of 6

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

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

Dated this iS My of Avg ust , 20 40.

Grantor(s): 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,

Nadezd& Krstic, Trustor ~

STATE OF Atyzpna )

. ) ss
COUNTY OF NN uf ofA )

The foregoing instrument was acknowledged before me this day of Avay st >
2020, by 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.

My Commission Expires (0 “9 ‘AlQdd AS HOI “hua Ln Mg

Notary Public (signature)

MICHELLE Wi NOY
Public - State of Arizona
MARICOPA COUNTY
Commission # 553:
Expires October 25, 2022

Notary Stamp Seal

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Assessor's Parcel No.: 219-24-24-192C & 192D
Project No. : 420.04.31 Oak Street Basin and Drain
Item: F00397-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 6

Exhibit "B", Attached to Flood Control Easement

Not to Scale

5
2000-0532382
MCR.

& BK 1381-30

HAWES ROAD
88TH STREET

Ww
Ne S
& PARCEL 1 \40' MCDOT RW Z
DRIVEWAY TCE 3 BK 285-44 M.C.R, A
r Lo PTS PARCEL 2 g
8 7~ io} 14S DRIVEWAY TCE 3
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; BI 3 \  \~25'2000-0532382 MCR.
ie
DETAIL —~| \ y |
, 7
\ /
\ /
\ NX
SNE 40' MCDOT RW
BK 285-44 M.C.R,

Parcel 1 (219-24-192C) Area: 350 square feet or 0.0080 acres
Parcel 2 (219-24-192D) Area: 490 square feet or 0.0112 acres __
Total Req'd. Area: 840 square feet or 0.0192 acres

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

APN 219-24-192C & 192D OAK STREET BASIN AND STORM DRAIN

PROJECT No, 420,04.31 | ITEM No. F00397-TCE DATE 05/13/2020 RWK.R. Tech jb Page 5 of 6

Exhibit "B", Attached to Flood Control Easement

\
\ xX
_ ao 40' MCDOT R/W

an

BK 285-44 M.C.R.

Parcel 1 (219-24-192C) Area: 350 square feet or 0.0080 acres
Parcel 2 (219-24-192D) Area: 490 square feet or 0.0112 acres

Total Req'd. Area: 840 square feet or 0.0192 acres

N
219-24-192D
PARCEL 2 25
Q PARCEL 1 DRIVEWAY TCE a than
te DRIVEWAY TCE &BK 1384-30
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= DETAIL A> \ a :
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& PARCEL 1 40 MCDOT RW, Zz
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&  PRIVEW PARCEL 2 3
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= \ XX 25' 2000-0532382 M.C.R. °
| & BK 1381-30
DETAIL —~| |
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\ OAK STREET /

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

APN 219-24-192C & 192D OAK STREET BASIN AND STORM DRAIN

PROJECT No. 420,04.31

ITEM No, F00397-TCE

DATE 05/13/2020

RW K.R. Tech jb

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