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WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009
EXEMPT A.R.S. § 11-1134, A.2
LR/JO
TEMPORARY CONSTRUCTION EASEMENT
Parcel No.: 219-12-035
Project No.: TT0609
Project Name: Tonto Hills Low Volume Roads
Item No.: D24041-TCE (SO)
This Temporary Construction Easement is entered into by and between Robert A. Swan and
Kathryn Swan, Trustees of the Robert A. and Kathryn Swan Living Trust, Dated July 1,
2017, hereinafter referred to as GRANTORS, the owner of the real property situated in Maricopa
County, Arizona, which property is set forth in instrument number (20170512055) 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 GRANTOR
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 the 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) plus an additional Six Thousand Eighty and No/100
Dollars ($6,080.00) for the improvements in the TCE area for a total consideration of Six
Thousand Five Hundred Eighty and No/100 Dollars ($6,580.00) paid by GRANTEE to the
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 the additional consideration in the amount of
$42.00 for each additional month or part thereof for the required extension.
Page 1 of 8
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.:219-12-035
Project Name: Tonto Hills Low Volume Roads Item No.: D24041-TCE (SO)
Page 2 of 8
Dated this °*" day of November 2023
GRANTORS: Robert A. Swan and Kathryn Swan, Trustees of the Robert A. and
Kathryn Swan Living Trust, Dated July 1, 2017
DocuSigned by:
By: Roburt Swan,
By: __ Signed in Counter Part
EBTISTEABOS4OD,
Robert A. Swan (Signature) Kathryn Swan (Signature)
Its: Trustee Its: Trustee
(Title) (Title)
STATE OF AZ )
) ss
COUNTY OF Maricopa )
The foregoing instrument was acknowledged before me this oth day of November ;
2023 , by Robert A. Swan and Kathryn Swan, Trustees of the Robert A. and Kathryn
Swan Living Trust, Dated July 1, 2017.
DocuSigned by:
My Commission Expires12/01/2026 [Say Pyda
Notary Public (signature)
SANDY OJEDA
Notary Public
State of Arizona
Maricopa County
Commission #640792
My Comm. Expires Dec. 1, 2026
Notary Stamp Seal
The notary public certifies that appropriate authorization has
been issued by the Arizona Secretary of State to allow electronic
notarizations or remote online notarization pursuant to A.R.S. §
41-276. This remote notarial act involved the use of
communication technology.
Project No.: TT0609 Parcel No,:219-12-035
Project Name: Tonto Hills Low Volume Roads P Item No.: D24041-TCE (SO)
age 3 of 8
Dated this 6th day of November , 20.23
GRANTORS: Robert A. Swan and Kathryn Swan, Trustees of the Robert A. and
Kathryn Swan Living Trust, Dated July 1, 2017
DocuSigned by:
By: __ Signed in Counter Part By: [1 / “{ Swan.
Robert A. Swan (Signature) Kathryn Swan (Signature)
Its: Trustee Its: Trustee
(Title) (Title)
STATE OF AZ )
) ss
COUNTY OFmaricopa )
The foregoing instrument was acknowledged before me this oth day of November ;
20 23 , by Robert A. Swan and Kathryn Swan, Trustees of the Robert A. and Kathryn
Swan Living Trust, Dated July 1, 2017.
DocuSigned by:
12/01/2026 Sandy Oude
My Commission Expires aF41026 27475409
Notary Public (signature)
SANDY OJEDA
Notary Public
State of Arizona
Maricopa County
Commission #640792
My Comm. Expires Dec. 1, 2026
Notary Stamp Seal
The notary public certifies that appropriate authorization has
been issued by the Arizona Secretary of State to allow electronic
notarizations or remote online notarization pursuant to A.R.S. §
41-276. This remote notarial] act involved the use of
communication technology.
Project No,: TT0609 Parcel No.:219-12-035
Project Name: Tonto Hills Low Volume Roads Item No.: D24041-TCE (SO)
Page 4 of 8
RECOMMENDED FOR APPROVAL:
( Sony Ode
Right of Way Agent
aber of Way 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
COASIDODELACAES.
11/6/2023
Deputy County Attorney Date
Project No.: TT0609
Project Name: Tonto Hills Low Volume Roads
Parcel No.:219-12-035
Page 5 of 8 Item No.: D24041-TCE (SO)
EXHIBIT "A-1"
Parcel No. 219-12-035
Project No. TT0609
TONTO HILLS LVR
Item No. D24041-TCE
Legal Description For Temporary Construction Easement
That portion of the Southeast quarter of Section 10, Township 6 North, Range 5 East of the Gila and
Salt River Meridian, Maricopa County, Arizona, described as follows:
PARCEL |
COMMENCING at the Northwest corner of Lot 35 of Tonto Hills, Book 93, page 5 M.C.R.
thence South 19 degrees 59 minutes 57 seconds West, 30.88 feet along the West line of said Lot 35 to
the POINT OF BEGINNING;
thence South 70 degrees 00 minutes 03 seconds East, 5.00 feet;
thence South 19 degrees 59 minutes 57 seconds West, 71.13 feet;
thence North 70 degrees 00 minutes 03 seconds West, 5.00 feet to a point on said West line;
thence North 19 degrees 59 minutes 57 seconds East, 71.13 feet along said West line to the POINT
OF BEGINNING.
Contains 356 square feet (0.0082 acres), more or less.
PARCEL 2
COMMENCING at the Southwest comer of Lot 35 of Tonto Hills, Book 93, page 5 M.C.R.
thence North 19 degrees 59 minutes 57 seconds East, 72.36 feet along the West line of said Lot 35 to
the POINT OF BEGINNING;
Professional Land
Surveyor AZ No. 19817
. Digitally signed
Jim by Jim Crume
Date; 2021.07.07
Crume iasz3e-or00
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Agent: J. Crume Project No. TTO609 | Chk: J.Crume Electronic Seal
Tech: B. Crume ; https://btr.az.gov/
Prepared by: Cooper Aerial Surveys Company
Page 6 of 8
EXHIBIT "A-1"
thence North 19 degrees 59 minutes 57 seconds East, 34.00 feet continuing along said West line;
thence South 70 degrees 00 minutes 03 seconds East, 5.00 feet;
thence South 19 degrees 59 minutes 57 seconds West, 34.00 feet;
thence North 70 degrees 00 minutes 03 seconds West, 5.00 feet to the POINT OF BEGINNING.
Contains 170 square feet (0.0039 acres), more or less.
The above described parcels contains 526 square feet or 0.0121 acres, more or less, and is depicted on
the attached Exhibit “B”.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Agent: J. Crume Project No. TTO609 ‘| Chk: J. Crume
Tech: 8B. Crume
Prepared by: Cooper Aerial Surveys Company
Professional Land
Surveyor AZ No. 19817
J i m Digitally signed
by Jim Crume
Date: 2021.07.07
Crume j2az51-0700
Electronic Seal
https://btr.az.gov/
Page 7 of 8
EXHIBIT "A-2"
POC FOR
PARCEL 1
POB FOR
PARCEL 1 4Ph.279
~~ 036
2 024041~TCE :
s PARCEL 1 .
Fa
=
ES)
=
LOT 35 OF TONTO HILLS
BOOK 93 PAGE 05 M.C.R.
POB FOR
D24041-TCE
PARCEL 2 PARCEL 2
ey
~
POC FOR
PARCEL 2
ROBERT A AND KATHRYN SWAN
LIVING TRUST
APN: 219-12~035
APN.
M219. 1D
LINE TABLE
LINE | BEARING | LENGTH
LI | S19°59'57"W | 30.88" LINE TABLE
L2 | $70'00'03"E | 5.00 UNE | BEARING | LENGTH
L3 | si959'57"W | 71.13" L7_ | N19°59°57"E | 34.00”
L4 | N7o°00'03"w | 5.00 L8 | S70°00'03"E | 5.00"
L5 | nigso's7"e | 113° | | Lo | sig'so'sz°w | 34.00"
L6 | N19°59'57"E | 72.36’ 110 | N70°00’03"W | 5,00’
D24041-PARCEL 1 Area: 356 square feet or 0.0082 acres
D24041-PARCEL 2 Area: 170 square feet or 0.0039 acres
Total TCE Area: 526 square feet or 0.0121 acres
Not to Scale
APN:219-12—042
Professional Land
Surveyor AZ No.
19817
MARICOPA COUNTY
Digitally signed
Jim by Jim Crume
Date:
TONTO HILLS LVR
C ru m e 2021.07.07
12:33:04 -07'00"
Prepared by:
PROJECT No. TT0609 Agent: J. Crume COOPER AERIAL SURVEYS COMPANY
Electronic Seal
Checked: J. Crume Date: 07/07/2021
ITEM No, D24041-TCE ‘| Tech: B. Crume
https: //btr.az.gov/
Page 8 of 8