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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 CY/SC TEMPORARY CONSTRUCTION EASEMENT Parcel No.: 304-76-021 Project No.: TR221 Project Name: Ocotillo Road (148" Street to Greenfield Road) Item No.: D24632 (WJ) This Temporary Construction Easement is entered into by and between Max A. Almodovar and Deborah A. Almodovar, husband and wife, as community property with right of survivorship, hereinafter referred to as GRANTORS, the owner of the real property situated in Maricopa County, Arizona, which property is set forth in instrument number Recorded Deed# 20201256915 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" and depicted in Exhibit “B” attached hereto (the “Easement Area”) for the purpose of facilitating construction of the project known as TR221 (“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 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 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 One Thousand Five Hundred Fifteen and No/100 Dollars ($1,515.00) 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 : Page 1 of 7 notifying the GRANTORS in writing and issuing a payment for the additional consideration in the amount of $126.25 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.: TR221_ . P. 2of7 Parcel No.: 304-76-021 Projéct Name: Ocotillo Road (148th Street to age 4 0 Item No.: D24632 (WJ) Greenfield Road) Dated this Q(t). day of Se mb ei , 2023. Grantors: Max A. Almodovar and Deborah A. Almodovar, husband and wife, as community property with right of survivorship Max A. Almodovar (signature) Deborah A. Almodovar (signature) STATE OF Ani zowQ ) )ss COUNTY OF _tasicog ) The foregoing instrument was acknowledged before me this Zar day of Sap dtbtr.» 2023, Max A. Almodovar and Deborah A. Almodovar, husband and wife, as community property with right of survivorship. My.Commission Expires 032 [23 [22 Y. Cheriono Youth Notary Public (bignatuye) Notary Stamp Seal Project No.: TR221 Page 3 of 7 ; Parcel No.: 304-76-021 Project Name: Ocotillo Road (148th Street to age 2 0 Item No.: D24632 (WJ) Greenfield Road) RECOMMENDED FOR APPROVAL: DocuSigned by: DocuSigned:by: Senior Right of Way Agent Right 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: | Wayus Pte 10/10/2023 Deputy County Attorney Date Project No.: TR221 : P 4of7 Parcel No.: 304-76-021 Project Name: Ocotillo Road (148th Street to age 40 Item No.: D24632 (WJ) Greenfield Road) EXHIBIT "A" LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-76-021 TEMPORARY CONSTRUCTION EASEMENT APORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2020-1256915, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP FLUSH AT THE NORTH QURTER CORNER OF SAID SECTION 21, FROM WHICH AN ALUMINUM CAP FLUSH AT THE CENTER QUARTER CORNER OF SAID SECTION 21, BEARS SOUTH 00 DEGREES 01 MINUTES 12 SECONDS EAST, (BASIS OF BEARINGS) 2,665.12 FEET; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 190.20 FEET; THENCE SOUTH 1 DEGREES 13 MINUTES 10 SECONDS EAST, 65.00 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE, SOUTH 0 DEGREES 03 MINUTES 26 SECONDS EAST, 10.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 75.00 FEET OF SAID NORTHWEST QUARTER; THENCE ALONG SAID SOUTH LINE, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 145.03 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL; THENCE ALONG SAID WEST LINE, NORTH 0 DEGREES 03 MINUTES 26 SECONDS WEST, 10.00 FEET TO A POINT ON THE SOUTH LINE OF THE-NORTH 65.00 FEET OF SAID NORTHWEST QUARTER; THENCE ALONG SAID SOUTH LINE, NORTH 88 DEGREES 46 MINUTES 50 SECONDS EAST, 145.03 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,450 SQUARE FEET OR 0.0333 ACRES, MORE OR LESS. SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS. TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 @ Fp S Town of Gilbert Project No.: ST-0990 er a GROUP Section: 24 Township: 2 § Range: BE 1130 N. Alma School Road, Suite 120 Date: 01/31/22 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 Page 1 of 3 | www.epsgroupinc.com J Page 5 of 7 EXHIBIT "A" LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-76-021 POL. NORTHWEST CORNER TEMPORARY CONSTRUCTION EASEMENT NORTH 4/4 CORNER SECTION 21, T2S, RE SECTION 21, T2S, REE CALCULATED POSITION FOUND ACFL | $88°46'50"°W 2,671.28" ~ 2,481.08" 7 190.20 w ge |) | g = | QCOTILLOROAD Sle z a > Pyro 218 is < | | -P.OB Is wm Odsal 1 WU n | N88°46'50"E. 145.03 ae if = --- qj ZZ = __ _ Ss S | $88°46'50'W 145.03 Lece. | ; | 40" IRRIGATION EASEMENT wt —-| | DOCUMENT 1996-0195974 nN | AND 1996-425345, M.C.R. S | ALMODOVAR MAX AIDEBORAH A ? | DOCUMENT 2020-1256915, M.CR. | CENTER 4/4 CORNER SECTION 21, 128, REE FOUND ACFL LEGEND LINE TABLE P.0.B. POINT OF BEGINNING P.0.C. POINT OF COMMENCEMENT LINE | BEARING | LENGTH APN ASSESSORS PARCEL NUMBER ACFL ALUMINUM CAP FLUSH Lt | so0’0s'26E | 10.00 M.C.R. MARICOPA COUNTY RECORDER RW _ RIGHT-OF-WAY L2 ) Noo°os'26"W | 10.00" T.CE, TEMPORARY CONSTRUCTION EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT = 1,450 SQ. FT. 0.0333 AC. far THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. NOT TO SCALE TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 Town of Gilbert Project No.: ST-0990 . Section: 21 Township: 2S Range: 6 E EPS GROUP 1130 N. Alma School Road, Suite 120 Date: 01/31/22 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 Page 2 of 3 www.epsgroupinc.com \ y, Page 6 of 7 EXHIBIT "B" LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-76-021 TEMPORARY CONSTRUCTION EASEMENT North: 817907.6595' East: 751766.5287' Segment #1 : Line Course: S00°03'26"E Length: 10.00' North: 817897.6595' East: 751766.5387' Segment #2 : Line Course: $88°46'50"W — Length: 145.03" North: 817894.5730' East: 751621.5415' Segment #3 : Line Course: N00°03'26"W Length: 10.00' North: 817904.5730' East: 751621.5315' Segment #4 : Line Course: N88°46'50"E ~— Length: 145.03" North: 817907.6595' East: 751766.5287' Perimeter: 310.06' Area: 1450 Sq, Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 — East: 0.00000 Precision 1: 310060000.00 TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 EPS ES Ayo S. Town of Gilbert Project No. ST-0990 eROUP Section: 21 Township: 28 Range: 6E : 1130 N. Alma School Road, Suite 120 Date: 01/31/22 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 Page 3 of 3 www.epsgroupinc.com J Page 7 of 7