D3 TT0609_D24335_TCE.PDF

Maricopa County — Formal (2024-05-22)

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WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
2801 W. Durango Street

Phoenix, AZ 85009

EXEMPT A.RS. § 11-1134, A.2

LA/ AH
TEMPORARY CONSTRUCTION EASEMENT

Parcel No.: = 219-12-191

Project No.: TT0609

Project Name: Tonto Hills Low Volume Roads
Item No.: D24335 [LA]

This Temporary Construction Easement is entered into by and Lee E. Walters and Peggy L.
Walters, as Trustees of the Lee and Peggy Walters Family trust, dated June 2, 2022
hereinafter referred to as GRANTORS, the owner of the real property situated in Maricopa
County, Arizona, which property is set forth in instrument number 20220516625 in the official
records of Maricopa County (the “Burdened Property”), and Maricopa County, a political
subdivision of the State of Arizona, its assigns and successors in title or interest, hereinafter
collectively called GRANTEE. ,

GRANTORS hereby grants a Temporary Construction Easement (“TCE”), together with
the right and privilege of entering upon the area subject to the conditions set forth herein, on, over,
under and across that portion of the Burdened Property legally described on Exhibit “A-1” and
depicted in Exhibit “A-2” attached hereto (the “Easement Area”) for the purpose of facilitating
construction of the project known as TT0609 — Tonto Hills Low Volume Roads (“Project”).

1. Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of 12 months (“Term”) which shall commence upon the written notice to the GRANTORS
by the GRANTEE. GRANTEE estimates that the period of time stated above will be sufficient
_ for completion of the work within the TCE Area. GRANTEE shall provide written notification to
GRANTORS of the initiation of construction activities no less than thirty (30) calendar days in
advance of construction activities. The consideration for the use of the TCE Area is Five Hundred
and No/100 Dollars ($500.00) paid by GRANTEE to GRANTORS. This consideration is for
the full Term described above. In the event GRANTEE determines that additional construction
time within the TCE Area is needed for completion of the Project, GRANTEE shall be permitted
to extend the term of this TCE by notifying the GRANTORS in writing and issuing a payment for

Page 1 of 6

the additional consideration in the amount of $42.00 for each additional month or part thereof for
the required extension.

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, and
any extension thereof. Any improvements damaged as a result of GRANTEE’S use of the TCE
Area will be replaced in kind. ;

3. Extinguishment. Upon completion of the Project construction, GRANTEE shall
record a document extinguishing this TCE in the office of the Maricopa County Recorder, which
document may be executed on behalf of the GRANTEE by the Director of the Maricopa County
Real Estate Department.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE(S) FOLLOW

Project No.: TT0609 Parcel No.: 219-12-191
Project Name: Tonto Hills Low Volume Roads Page 2 of 6 Item No.: D24335 (LA)

Dated this iz day of 4p | 2027

GRANTORS: Lee E. Walters and Peggy L. Walters, as Trustees of the Lee and Peggy
Walters Family trust, dated June 2, 2022

Aiden ban dobter

Lee E. Lake as Trustee Pegey¥. YE Walters, as Trustee

STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this / 7 day of Aorl :

20_2 by Lee E. Walters and Peggy L. Walters, as Trustees of the Lee and Peggy |
Walters Family trust, dated June 2, 2022. |

My Commission Expires. /6/3 /202F AA ee x

Notary Public (signature)?

Notary Stamp Seal

Project No.: TT0609 Parcel No.: 219-12-191
Project Name: Tonto Hills Low Volume Roads Page 3 of 6 Item No.: D24335 (LA)

RECOMMENDED FOR APPROVAL:

‘DocuSigned by: DocuSigned by:
[ % Aes Juwnifur Rodrigue,
Right of Way Agent Right of Wi ‘ay Supervisor
ACCEPTED:

Board of Supervisors of Maricopa County

By:
Chairman of the Board

ATTEST:

Clerk of the Board of Supervisors Date

Approved as to form and within the powers
and authority of the Board of Supervisors

‘DocuSigned by:
Wayur- Puck 4/19/2024
eputy County Attorney Date

Project No.: TT0609 Parcel No.: 219-12-191
Project Name: Tonto Hills Low Volume Roads Page 4 of 6 Item No.: D24335 (LA)

Exhibit “A-1”

Parcel No. 219-12-191
Project No. TT0609

TONTO HILLS LVR
Item No. D24335-TCE

Legal Description For Temporary Construction Easement

That portion of the Southwest quarter of Section 15, Township 6 North, Range 5 East of the Gila and
Salt River Meridian, Maricopa County, Arizona, described as follows:

BEGINNING at the Southeast corner of Lot 191 of Tonto Hills, Book 93, page 5 M.C.R.
thence North 71 degrees 20 minutes 00 seconds West, 5.00 feet along the South Line of Lot 191;
thence North 18 degrees 39 minutes 51 seconds East, 99.76 feet;

thence South 71 degrees 20 minutes 09 seconds East, 5.00 feet to a point lying on the East Line;

thence South 18 degrees 39 minutes 51 seconds West, 99.76 feet along the East Line of Lot 191 to the
POINT OF BEGINNING.

The above described parcel contains 496 square feet or 0.011 acres, more or less, and is depicted on
the attached Exhibit “B”.

Professional Land
Surveyor AZ No. 19817

J i m Digitally signed

by Jim Crume
Date: 2021.08.10
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Crume 08:10:11 -07400
Agent: J. Crume Project No. TT0609 Chk: J. Crume Electronic Seal
Tech: B. Crume ; https://btr.az.gov/

Prepared by: Cooper Aerial Surveys Company

Page 5 of 6

Exhibit "A-2"

LOT 191 OF TONTO ‘HILLS
BOOK 93 PAGE 05 M.C.R.

APN: 219-12-191

D24335-TCE

APN:219-12—199

LINE TABLE
LINE | BEARING | .LENGTH

Lt | N71°20°00"W | 5.00’

L2 | N18°39'51"E | 99.76"

L3_ | $71°20'09"E | 5.00°
L4 | S18°39°51"W | 99.76"

D24335-TCE Area: 496 square feet or 0.011 acres

APN:219-12—-190

Walters, Lee/Peggy Trust

N
KActyy i Rp

POB

Not to Scale

Page 6. of 6

SHT 1 of 1
MARICOPA COUNTY
TONTO HILLS LVR
Prepared by:
PROJECT No. TT0609 | Agent: J. Crume COOPER AERIAL SURVEYS COMPANY

ITEM No, D24335-TCE | Tech: B. Crume Checked: J. Crume

Date: 07/26/2021

Professional Land
Surveyor AZ No.
19817

Electronic Seal
https: //btr.az.gov/