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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
Parcel No.: 300-11-035C
Project No.: TT0513
Project Name: 35 th Avenue
Project Termini: Carver to Elliot
Item No.: D23692-1 (TD)
/
This Temporary Construction Easement is entered into by and between Wing and a Prayer
Investments, LLC., 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.
GRANTOR 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 10040 S. 35 th Avenue, Laveen, 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
TT0513 ("Project").
1.
Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of twelve months ("Term") which shall commence on January 20, 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
Thousand Sixty Nine and No/100 Dollars ($1,069.00) 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 $ 90.00 for each
month of the required extension.
Page 1 of 4
Parcel No.: 300-11-035C
Project No.: TT0513
Project Name: 35 th Avenue
Project Termini: Carver to Elliot
Item No.: D23692-1 (TD)
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, GRAN FEE shall
record a document extinguishing this TCE in the office of the Maricopa County Recorder.
.REMA1NDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE(S) FOLLOW
Page 2 of 4
Its:
(Title)
STATE OF
COUNTY OF
OF (YI A at CO PA
§
Notary PpKic (siknature
KIMBERLY A GAILEY
Notaly Public - Arizona
Maricopa County
My Commission Expires
NOVEMBER 30, 2020
Parcel No.: 300-11-035C
Project No.: TT0513
Project Name: 35 111 Avenue
Project Termini: Carver to Elliot
Item No.: D23692-1 (TD)
GRANTOR: Wing and a Prayer Investments, LLC., an Arizona limited liability company,
The foregoing instrument was acknowledged before me this to141 day of IlaniA,%ri
20 2D ,
.cluorn,o
eLL.L es
its )1,4 cl-r1/4.1ft-C,c A.) c,
kt
fre_ of
(Name of Officer)
(Title)
Wing and a Prayer Investments, LLC., an Arizona limited liability company, on behalf of the
company.
My Commission Expires fl - so. 2.0
Notary Stamp Seal
Page 3 of 4
Real Property Iyranager
Parcel No.: 300-11-035C
Project No.: TT0513
Project Name: 35 th Avenue
Project Termini: Carver to Elliot
Item No.: D23692-1 (TD)
RECOMMENDED FOR APPROVAL:
t of 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
an 4uthority of the Board of Supervisors
Deputy County Attorney
(*k W.
Date
Page 4 of 4
Parcel No. 300-11-035 C
Project No. TT0513
35th AVENUE
(CARVER ROAD TO ELLIOT ROAD)
Item No. D23692-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land being a portion of that property as described in Document 2012-1186385 lying in the
Southeast Quarter of Section Ten, Township One South, Range Two East of the Gila and Salt River
Base and Meridian, and being more particularly described as follows:
Commencing at the East Quarter corner of said Section 10, being a Maricopa County Brass Cap, from
which the Southeast corner of said Section 10, a Maricopa County Aluminum Cap 0.2 feet down, bears
South 00°04'59" West, for a distance of 2639.99 feet;
thence along the East line of said Section 10 South 00°04'59" West, for a distance of 314.16 feet to the
Northeasterly corner of said property;
thence departing said section line along the Northerly line of said property South 00°04'59" West, for a
distance of 85.00 feet to an angle point;
thence North 61°47'41" West, for a distance of 6.04 feet to the Point of Beginning;
thence departing said northeasterly property line South 10°41'46" East to an angle point, for a distance
of 108.68 feet;
thence South 00°04'59" West being parallel with and 70.00 feet westerly of said East section line, for a
distance of 102.50 feet to South property line;
thence along said South property line South 89°56'45" West being perpendicular to said East section
line, for a distance of 40.00 feet;
thence departing said South property line North 00°04'59" East being parallel with and 110.00 feet
westerly of said East section line, for a distance of 219.87 feet to a point on the North of property line;
thence along said Northerly property line South 61°47'41" East, for a distance of 22.31feet to the Point
of Beginning.
The above described parcel contains 7,390.61 square feet or 0.1697 Acres more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 03/20/2019 HP
Chk:
Appr: Itiet 5.6. 20/7
Rev:
Maricopa County Real Estate Department
GRANTOR `. .t( DATE t — —
EXHIBIT "A"
Page 1 of 1
N.T.S.
NO.
BEARING
LENGTH
L1
S 0000459" W
85.00'
L2
N 61°47'41" W
6.04'
L3
S 10°41'46" E
108.68'
L4
S 00004'59" W
102.50'
L5
S 89°56'45" W
40.00'
L6
N 00°04'59" E
219.87'
L7
S 61°47'41" E
22.31'
300-11-035B
/
D23692
Wing and a Prayer
Investments, LLC
300-11-035C
TCE
300-15-010A
SEC LN
N89 053'39"E
2523.26'
D23692-1 Temporary Construction Easement:
7,390.61 square feet or 0,1697 acres
93.70'
2545.57'-
S89°49'39"W N89°52'45"E
MARICOPA COUNTY REAL ESTATE DEPARTMENT
35th Avenue - Carver Road to Elliot Road
R/W Agent: M.C.
Tech: HP
PROJECT No, 110513
ITEM No. D23692-1
DATE 4-30-19
M.C.D.O,T.