D. D24230 - 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 TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel No.: 141-74-102 Project No.: TT0612 Project Name: University Drive ADA Improvements Item: D24230-1-TCE [WJ] WJ /SO This Temporary Construction Easement is entered into by and between William D. Hughes and Valerie A. Hughes, husband and wife as community property with right of survivorship, hereinafter referred to as GRANTORS, 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 331 N 55" Place Mesa, Arizona described and depicted on Exhibits “A and B”, which are attached to, and made a part of, this temporary easement (“TCE Area”), for the purpose of facilitating construction of the project known as TT0612(“Project”). 1. Term and Consideration. This TCE is hereby granted for the stated purpose for a period of Twelve (12) months (“Term”) which shall commence on October 1, 2023. 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 Hundred Forty and No/100 Dollars ($140.00) 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 $12.00 for each month of the required extension. Page 1 of 6 Assessor's Parcel No.: 141-74-102 Project No.: TT0612 Project Name: University Drive ADA Improvements Item: D24230-1-TCE [WJ] 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 Page 2 of 6 Assessor's Parcel No.: 141-74-102 Project No.: TT0612 Project Name: University Drive ADA Improvements Item: D24230-1-TCE [WJ] Dated this | 2 day of Va , 2027/ Grantor(s): William D. Hughes and Valerie A. Hughes, husband and wife as community property with right of survivorship. William D. Hughes Yas Valerie A. Hughes Gant STATE OF _ARiz0oWA ) ) ss COUNTY OF MARIZOPA ) The foregoing instrument was acknowledged before me this _3 ro day of WoVEMBER _., 2041, by William D. Hughes and Valerie A. Hughes, husband and wife as community property with right of survivorship. My Commission Expires_Q = Q] -2023 Notary Public ATE JONES MARICOPA COUNTY Commission # 568043 Expires August 21, 2023 Notary Stamp Seal Page 3 of 6 Assessor's Parcel No.: 141-74-102 Project No.: TT0612 Project Name: University Drive ADA Improvements Item: D24230-1-TCE [WJ] RECOMMENDED FOR APPROVAL: SIGNED YN COUNTERPART Real Property Manager 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 SIGNED 7N COUNTERPART Deputy County Attorney Date MI MH /I! Ii! M1 M1 M1 Page 4 of 6 DocuSign Envelope ID: 8F627343-916F-4069-A79A-46E08956F BCE Assessor's Parcel No.: 141-74-102 Project No.: TT0612 Project Name: University Drive ADA Improvements Item: D24230-1-TCE [WJ] RECOMMENDED FOR APPROVAL: DocuSigned by: / ) St Kimberly, Romero apy Sa REEAASREFIRAAIG Senior Ri fot of i ay Agent Real Property Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: SIGNED TN COUNTERPART By: Chairman of the Board ATTEST: S\GNED }N COUNTERPART Date Clerk of the Board of Supervisors” Approved as to form and within the powers cpaithrawity of the Board of Supervisors Wayne Petl 11/3/2021 B2E0BD10DB524D1.. Deputy County Attorney Date Ml M/ MM Mi Mf Mf Ml Page 4 of 6 Exhibit “A” Attached to Temporary Construction Easement Parcel No. 141-74-102 Project No. TT0612 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD Item No. D24230-TCE LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land in Section 23, Township 1 North, Range 6 East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the Northeast corner of Lot 160 of Dreamland Villa 3 recorded in Book 089 of Maps, Page 41, Maricopa County Records; thence South 89°45'41" West, for a distance of 72.80 feet to the Point of Beginning; thence South 44°57'44" West, for a distance of 38.26 feet; thence North 00°09'47" East, for a distance of 7.10 feet; thence North 44°57'44" East, for a distance of 28.18 feet; thence North 89°45'41" East, for a distance of 7.10 feet to the Point of Beginning. The above described parcel contains 166 square feet or 0.0038 acres, more or less, and is depicted on the attached Exhibit “B”. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 01/20/2021 HP | Chk: | Appr:AWG 2/17/2027 Rev: Maricopa County Real Estate Department GRANTOR “WX DATE\\.\ ~Y4 T Page | of | ‘ Page 5 of 6 Exhibit "B", Attached to Temporary Construction Easement NO. BEARING LENGTH Li S 89°45'41" W 72.80' L2 S 44°57'44"W | 38.26! L3 N_00°09'47" E 7.10' L4 N 44°57'44" E 28.18' L5 | N 89°45'41"E 7.10 X 55TH PL Not to Scale UNIVERSITY DR POC Lt EXIST_R/W D24230-TCE D24230-TCE Area: 166 square feet or 0.0038 acres Total Req'd. Area: 166 square feet or 0.0038 acres D24230 HUGHES WILLIAM D/ VALERIE A 141-74-102 Lot 160 DREAMLAND VILLA 3 MCR 089-41 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION APN 141-74-102 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD PROJECT No. TT0612 ITEM No. D24230-TCE DATE 01/12/2021 RW W.J. Tech HP Page 6 of 6