Extracted text (via ocr_local)
7342 characters
WHEN RECORDED RETURN TO: Maricopa County Real Estate Department 2801 W. Durango Street Phoenix, AZ 85009 EXEMPT A.R.S. § 11-1134, A.2 TD/SO TEMPORARY CONSTRUCTION EASEMENT Parcel No.: 142-55-508 Project No.: TT0372 Project Name: Northern Parkway Termini: 99" Ave-87" Ave Item No.: D24442-TCE [TD] This Temporary Construction Easement is entered into by and between PBE, L.L.C., an Arizona limited liability company, hereinafter referred to as GRANTORS, the owner of the real property situated in Maricopa County, Arizona, which property is set forth in instrument number (2012- 0677166) 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 grant 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 or TCE Area”) for the purpose of facilitating construction of the project known as TT0372 (“Project”). ’ 1. Term_and Consideration. This TCE is hereby granted for the stated purpose for a period of 24 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 Six Thousand Twelve and No/100 Dollars ($6,012.00) 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 the additional consideration in the amount of $250.50 for each additional month or part thereof for the required extension. Page 1 of 6 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.: TT0372 Project Name: Northern Parkway Parcel No.:142-55-508 Page 2 of 6 Item No.: D24442-TCE [TD] th Dated this /7 day of Sore era ber ,2022 GRANTORS: PBE, L.L.C., an Arizona limited liability company Au fea (Signature) : WA NA GER (Title) STATE OF ANZONU county or Mar Copa ) )§ ) The foregoing instrument was acknowledged before me this ] a Moy of & eptember, > 2023 by Markt. Peters its MWAMNAGER of (Name of Officer) (Title) PBE, L.L.C., an Arizona limited liability company, on behalf of the company. My Commission Expires (2/ 28/2006 coungp Lhorvidor Notd ty Public CA re = acs evaath imc) Notary Public State of Arizona Maricopa County Tlara Deahn Thornton My Commlssion Explres1 2/26/2025 , Commission Number 648674 Kg Notary Stamp Seal Parcel No.:142-55-508 Item No.: D24442-TCE [TD] Project No.: TT0372 Project Name: Northern Parkway Page 3 of 6 RECOMMENDED FOR APPROVAL: DocuSigned by: DocuSigned by: [ trv Diag [ Jennifer Rodrigues ADFSANAGN4SA’ 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: Wouyjne Pu 9/26/2023 Deputy County Attorney Date _ Project No.: TT0372 Project Name: Northern Parkway Parcel No.:142-55-508 Page 4 of 6 Item No.: D24442-TCE [TD] Wood, Patel & Associates, Inc. May 11, 2023 602.335.8500 WP# 215248.80 www.woodpatel.com Page 1 of 2 See Exhibit “A” LEGAL DESCRIPTION Northern Avenue Portion of APN 142-55-508 D24442 Temporary Construction Easement A portion. of that certain parcel of land described in Document 2012-0677166, Maricopa County Records (MCR), lying within Section 33, Township 3 North, Range 1 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the south quarter corner of said Section. 33, a 3-inch Maricopa County Department of Transportation (MCDOT) brass cap in handhole, from which the southeast corner of said section, a 3-inch MCDOT brass cap in handhole, bears North 88°40'27" East (basis of bearing), a distance of 2661.77 feet; THENCE along the south line of said section, North 88°40'27" East, a distance of 667.04 feet; THENCE leaving said south line, North 01°19'33" West, a distance of:74.69 feet, to the west line of said certain parcel of land and the POINT OF BEGINNING; THENCE along said west line, North 00°00'00" East; a distance of 118.32 feet; THENCE leaving said west line, North 88°32'14" East, a distance of 3.05 feet; THENCE South 00°06'56" East, a distance of 98.10 feet; THENCE North 89°57'23" East, a distance of 51.15 feet, to the east line of said certain parcel of land; THENCE along said east line, South 00°00'00" East, a distance of 18.47 feet; THENCE leaving said east line, South 88°01'43" West, a distance of 54.43 feet, to the POINT OF BEGINNING. Containing 1,363 square feet or 0.0313 acres, more or less. Subject to existing right-of-ways and easements. This parcel description was prepared without the benefit of survey fieldwork and is based on client provided information. Any monumentation noted in this parcel description is based on said information. Y:\WP\Parcel Descriptions\2021\2 15248.80 Northem Ave APN 142-55-508 D24442 Temporary Construction Easement L52 05-11-23.docx Page 5 of 6 EXPIRES 12-31-23 LINE TABLE LINE | BEARING . | DISTANCE L1 | No1e19'33°w | 74.69'- | INLAND WESTERN GLENDALE LLC DOC 2004-0720219, MCR L2 | N00°00'00"E 418.32' APN 142-55-510 L3 | NeB°3244"E | 3,05" PBE LLC 13 poc L4 | S00°06'ss"E | 98.10" “™Y, 2012-0877166, MCR L5 | Ne9°57'23"E | 54.15! APN 142-55-508 Le~AJ Le | soo°0v00'c | 18.47 is L7 |-sescotas'w | 54,43 _ TERN AN N Uy 2|S NORTHERN AVENUE 215 cero r oe. —— —- NB8°40'27"E 2661.77". (BASIS OF BEARING) SOUTH 1/4 CORNER SECTION 33, T3N, RIE 3" MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION BRASS CAPIN HANDHOLE POC EXPIRES 12-31-23 Page 6 of 6. SJFT.LLC DOC 2004-1383191, MCR APN 142-55-507 SECTION 33, T3N, R1E 3" MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION BRASS CAP.IN HANDHOLE EXHIBIT "A" NORTHERN AVENUE PORTION OF APN 142-55-508 TEMPORARY CONSTRUCTION EASEMENT 5/11/2023 WP# 215248.80 PAGE 2 OF 2 NOT TO SCALE Z:\2021\215248\Survey\Legal\5248-L52.dwg