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NOT TO BE RECORDED
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009
TEMPORARY CONSTRUCTION EASEMENT
Project: TT0495 Lower Buckeye Road (71' Ave to 67 th Ave)
Item: D23710-1-TCE [JR]
Assessor's Parcel No.: (a portion of) 104-36-001B and 104-36-002A
Ptl
This Temporary Construction Easement is entered into by and between PROPERTY RESERVE
ARIZONA, LLC, an Arizona limited liability company who took title as PROPERTY
RESERVE ARIZONA, L.L.C., an Arizona limited liability company hereinafter referred to as
GRANTOR, and 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 grants 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 APN: 104-36 -002A and 104 -36 -
001B 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 a project known
as TT0495 ("Project").
1.
Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of 12 months ("Term") which shall commence April 28, 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 Twelve Thousand Three
Hundred Sixty One and NO/100 Dollars ($12,361.00) 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
$1,031.00 for each month of the required extension. Grantor shall not incur any expense as a result
of the use of the TCE Area by Grantee. Grantor covenants that it is granting the TCE only to the
extent of any interest it may have in the TCE Area.
Project: TT0495 Lower Buckeye Road (71s t Ave to 67th Ave)
Item:
D23710-1-TCE [JR]
Assessor's Parcel No.: (a portion of) 104-36-001B and 104-36-002A
2.
Damages. The GRANTEE shall be liable for any 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.
Grantee agrees to leave the grade of the TCE Area in as near the same condition that it is now.
3.
Indemnification. To the extent permitted by law, Grantee agrees to indemnify
Grantor, from and against any loss, expense, damage, or claim of any nature whatsoever which is
caused by any activity, condition, or event arising out of the non-performance by Grantee of any
of its obligations under the provisions of this Agreement. Grantor shall in all instances be
indemnified against liability, losses, and damages of any nature for or on account of injuries to or
death of persons or damages to or destruction of property arising out of Grantee's performance or
non-performance of this Agreement, except such injury or damage shall be occasioned by the sole
negligence of Grantor. The above cost of damages incurred by Grantor shall include, in the event
of action, court costs, expenses for litigation, and reasonable attorney's fees.
4.
Recording. Neither this TCE, nor any memorandum hereof, shall be recorded in
the office of the Maricopa County Recorder.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE(S) FOLLOW
Page 2 of 4
By:
Notail, Public (signature
Project: TT0495 Lower Buckeye Road (71' Ave to 67 th Ave)
Item: D23710-1-TCE [JR]
Assessor's Parcel No.: (a portion of) 104-36-001B and 104-36-002A
Dated this I OA day of 101 (Oil , 2O2.
GRANTOR: PROPERTY RESERVE ARIZONA, LLC
an Arizona limited liability company who took title as
PROPERTY RESERVE ARIZONA, L.L.C.,
an Arizona limited liability company
Its:
President
STATE OF litrall
)
COUNTY OF
) §
The foregoing instrument was acknowledged before me this t bkti‘ day of Wilth
202D, by Ashley Powell
its President
of PROPERTY RESERVE ARIZONA, LLC, an Arizona limited liability company who took
title as PROPOERTY RESERVE ARIZONA, L.L.C., an Arizona limited liability company,
on behalf of the company.
My Commission Expires tY21k..32L-22.
LYNETTE ASAY
NOTARY PUBLIC -STATE OF UTAH
My Comm. Bp 02113/2022
Commission #698968
Notary Stamp Seal
Page 3 of 4
Project: TT0495 Lower Buckeye Road (71st Ave to 67th Ave)
Item: D23710-1-TCE [JR]
Assessor's Parcel No.: (a portion of) 104-36-001B and 104-36-002A
RECOMMENDED FOR APPROVAL:
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( 61/
Thg 6 0
enior Ri t-o
t
f-Way Agent
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By
Chairman of the Board
ATTEST:
Date
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority of the Board of Supervisors
Deputy County Attorney
Date
Page 4 of 4
A Portion of Parcel No. 104-36-002A & 001B
Project No. TT495
LOWER BUCKEYE RD
(71ST AVE TO 67TH AVE)
Item No. D23710-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land being a portion of that property as described in Document 2001-1105056, Maricopa
County Records, lying within the Southeast quarter of Section Thirteen, Township One North, Range
One East of the Gila and Salt River Base and Meridian, and being more particularly described as
follows:
Commencing at the Southeast corner of the Southeast quarter of said Section 13, being a brass cap in
handhole, from which the East quarter corner of said Section 13, being a brass cap in handhole, bears
North 01°05'15" East, for a distance of 2614.69 feet;
thence along the East line of said Southeast quarter North 01°05'15" East, for a distance of 349.61 feet;
thence North 88°54'45" West, for a distance of 33.00 feet to the Point of Beginning;
thence North 88°54'45" West, for a distance of 15.00 feet;
thence South 01°05'15" West, for a distance of 81.42 feet;
thence North 88°5445" West, for a distance of 5.00 feet;
thence South 01°05'15" West, for a distance of 140.71 feet;
thence North 88°5445" West, for a distance of 10.00 feet;
thence South 01°05'15" West, for a distance of 63.86 feet;
thence North 89°16'01" West, for a distance of 2501.97 feet;
thence South 00°1626" East, for a distance of 11.00 feet;
thence North 89°1601" West, for a distance of 33.27 feet to the beginning of a non-tangent curve
concave to the northeast having a radius of 27.00 feet, and to which point a radial line bears South
37°09'41" West;
thence northwesterly along the arc of said curve having a central angle of 40°26'21", for an arc
distance of 19.06 feet to the beginning of a non-tangent line;
thence North 00°5047" East, for a distance of 10.42 feet;
thence North 89°50'53" West, for a distance of 10.00 feet;
thence North 00°5047" East, for a distance of 5.09 feet;
thence South 89°1601" East, for a distance of 72.96 feet;
thence South 00°43'59" West, for a distance of 8.00 feet;
thence South 89°16'01" East, for a distance of 2427.39 feet;
thence North 25°30'50" East, for a distance of 108.82 feet;
thence North 01°05'15" East, for a distance of 93.83 feet;
thence South 88°54'45" East, for a distance of 5.00 feet;
CONTINUED ON NEXT PAGE
GRANTOR /7 DATE 15 -10 -201t3
Page 1 of 2
EXHIBIT "A"
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: OL- 08/21/19
Chk:
Appr:
Rev:
Maricopa County Public Works - Real Estate DA4ment
EXPIRES 12 / 31 / 2020
thence North 01°05'15" East, for a distance of 86.42 feet;
thence South 88°54'45" East, for a distance of 35.00 feet;
thence South 01 00515' West, for a distance of 5.00 feet to the Point of Beginning.
The above described parcel contains 38,877 square feet or 0.8925 acres more or less.
Cked by JJB 6 March 2020
GRANTOR
DATE '1 --Z02
HIBIT "A"
Page 2 of 2
Sheet 1 of 2
D23710-1 Temporary Construction Easement:
38,877 square feet or 0.8925 acres
Match Line
Sheet 1
D23710
Property Reserve Arizona LLC
104-36-002A
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EXPIRES 12 / 31/2020
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MARICOPA COUNTY REAL ESTATE DEPARTMENT
70495 Lower Buckeye Rd - 71st Ave TO 67th Ave
R/W Agent: J.Rob.
Tech : OL
PROJECT No, 110495
ITEM No, D23710-1
DATE 8-26-19
M.C.D.O.T.
33'
Match Line
Sheet 2
EXPIRES 12/31/2020
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Property Reserve Arizona LLC
104-36-002A
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Sheet 2 of 2
D23710-1 Temporary Construction Easement:
38,877 square feet or 0.8925 acres
MARICOPA COUNTY REAL ESTATE DEPARTMENT
TT0495 Lower Buckeye Rd - 71st Ave TO 67th Ave
R/W Agent: "Rob.
Tech: DL
DATE 8-26-19
M.C.D.O.T.
PROJECT No, TT0495
ITEM No, D23710-1