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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
TEMPORARY CONSTRUCTION EASEMENT
Project: TT0495 Lower Buckeye Road (71s t Ave to 67th Ave)
Item: D23715-1-TCE [JR]
Assessor's Parcel No.: 104-51-018
This Temporary Construction Easement is entered into by and between Aaron Aguilera and
Margarita Aguilera, husband and wife as Community Property with Right of Survivorship,
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 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 7013 West Lower Buckeye Road,
Phoenix, Arizona 85043 (APN: 104-51-018) described 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 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 on 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 SEVEN
HUNDRED AND NO/100 DOLLARS ($700.00) 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 $59.00 for each
month of the required extension.
2.
Damages. The GRANTEE shall be 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.
Project: TT0495 Lower Buckeye Road (71s t Ave to 67t1i Ave)
Item:
D23715-1-TCE [JR]
Assessor's Parcel No.: 104-51-018
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
Page 2 of 4
JENNIFER RODRIGUEZ
Notary Public -Arizona
Maricopa County
My Commission Expinima
May 25.2020
Project: TT0495 Lower Buckeye Road (71s t Ave to 67th Ave)
Item: D23715-1-TCE [JR]
Assessor's Parcel No.: 104-51-018
Dated this al
day of Ja Yl UCI. `AO
, 20 2o.
Grantor(s): Aaron Aguilera and Margarita Aguilera, husband and wife as Community
Property with Rijiht of Survivorship
STATE OF -flirt4)
ss
COUNTY OF j\ACIA
)
Margai ta Aguilera (signature)
The foregoing instrument was acknowledged before me this 9•I54 day of \lettior
2000, by Aaron Aguilera and Margarita Aguilera, husband and wife as Communit+
Property with Right of Survivorship.
My Commission Expires tVtaq 23,7,02.D
Notary Stamp Seal
Page 3 of 4
Project: TT0495 Lower Buckeye Road (71s t Ave to 67th Ave)
Item: D23715-1-TCE [JR]
Assessor's Parcel No.: 104-51-018
RECOMMENDED FOR APPROVAL:
(U Mr
M
di
ior Righ -o -Way AgetW
A
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By
Chairman of the Board
ATTEST:
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority of the Board of Supervisors
(
Deputy Cciviity
/II
Date
Page 4 of 4
Parcel No. 104-51-018
Project No. TT495
LOWER BUCKEYE RD
(71ST AVE TO 67TH AVE)
Item No. D237154
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land being a portion of that property as described in Document 2019-0249030, Maricopa
County Records, lying within the Northeast quarter of Section Twenty Four, 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 Northeast corner of the Northeast quarter of said Section 24, being a brass cap in
handhole, from which the East quarter corner of said Section 24, being a brass cap in handhole, bears
South 00°32'40" West, for a distance of 2629.08 feet;
thence along the North line of said Northeast quarter North 89 01601" West, for a distance of 2141.64
feet;
thence South 00°43'59" West, for a distance of 33.00 feet to the Point of Beginning;
thence South 89°1601" East, for a distance of 59.14 feet;
thence South 00°32'45" West, for a distance of 32.00 feet;
thence North 89°1601" West, for a distance of 59.24 feet;
thence North 00 043'59" East, for a distance of 32.00 feet to the Point of Beginning.
The above described parcel contains 1,894 square feet or 0.0435 acres more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: OL- 08/21/19
Chk:
Appr:
(15/;21-2o el
Rev:
Maricopa County Public Works - Real Estate Department
GRANTOR /,/.
DATE I.- Z—Z 02 0
EXHIBIT "A"
Page 1 of 1
Lower Buckeye Rd
S89°16 101"E
2618.05'
SEC LN
D23715
Frank & Yvette
Gonzales
104-51-018
NO.
BEARING
LENGTH
L1
N 89°16'01" W
2141.64'
L2
S 00°43'59" W
33.00'
L3
S 89°16'01" E
59.14'
L4
S 0003245" W
32.00'
L5
N 89°16'01" W
59.24'
L6
N 00°43'59" E
32.00'
D23715-1 Temporary Construction Easement:
1,894 square feet or 0.0435 acres
MARICOPA COUNTY REAL ESTATE DEPARTMENT
110495 Lower Buckeye Rd - 71st Ave TO 67th Ave
R/W Agent: J.Rob.
Tech: OL
PROJECT No. TT0495
ITEM No. D23715-1
DATE 8-26-19
M.C.D.O.T,