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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.: 304-76-279 Project No.: TR221 Project Name: Ocotillo Road (148th Street to Greenfield Road) Item No.: D24622 [WJ] This Temporary Construction Easement is entered into by and between Stanley E. Betterman and Leslie Sue Betterman, as Trustees, or their successors in trust, under The Betterman Family Living Trust, Dated July 02, 2020, hereinafter referred to as GRANTORS, the owner of the real property situated in Maricopa County, Arizona, which property is set forth in instrument number 20200620580 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 Seven Hundred Eleven and No/100 Dollars ($1,711.00) 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 Page 1 of 7 Page 2 of 7 Project No.:TR221 Project Name: Ocotillo Road (148th Street to Greenfield Road Parcel No.:304-76-276 Item No.: D24622 [WJ] GRANTORS in writing and issuing a payment for the additional consideration in the amount of $142.58 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 13 13 Page 4 of 7 Project No.:TR221 Project Name: Ocotillo Road (148th Street to Greenfield Road Parcel No.:304-76-276 Item No.: D24622 [WJ] RECOMMENDED FOR APPROVAL: 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 Deputy County Attorney Date 9/13/2023 1130 N. Alma School Road, Suite 120 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 w w w . e p s g r o u p i n c . c o m TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 Town of Gilbert Project No.: ST-0990 Section: 21 Township: 2 S Range: 6 E Date: 01/31/22 Page 1 of 3 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-76-279 TEMPORARY CONSTRUCTION EASEMENT A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2020-0620580, 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 ALUMINU CAP FLUSH AT THE CENTER QUARTER CORNER OF SAID SECTION 21, BEARS SOUTH 00 DEGREES 01 MINUTES 12 SECONDS EA (BASIS OF BEARINGS) 2,665.12 FEET; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 1,670 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 12 MINUTES 28 SECONDS EAST, 10.00 FEET TO A POINT ON THE SOUTH LI OF THE NORTH 75.00 FEET OF SAID NORTHWEST QUARTER; THENCE ALONG SAID SOUTH LINE, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 166.93 FEET TO A POINT ON THE WES LINE OF SAID PARCEL; THENCE ALONG SAID WEST LINE, NORTH 0 DEGREES 13 MINUTES 36 SECONDS WEST, 10.00 FEET TO A POINT ON THE SOUTH LINE OF NORTH 65.00 FEET OF SAID NORTHWEST QUARTER; THENCE ALONG SAID SOUTH LINE, NORTH 88 DEGREES 46 MINUTES 50 SECONDS EAST, 166.93 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,669 SQUARE FEET OR 0.0383 ACRES, MORE OR LESS. SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS. R E G I S T E R E D L A N D S U R V E Y O R C E R T I F I C A T E N O . 53160 RAYMOND S. MUNOZ III D a t e S i g n e d 1 / 3 1 / 2 0 2 2 A R I Z O N A , U . S . A . Page 5 of 7 EXHIBIT "A" LINE TABLE LINE L1 L2 BEARING S00°12'28"E N00°13'36"W LENGTH 10.00' 10.00' S0°01'12"E 2,665.12' (BASIS OF BEARING) S88°46'50"W 2,671.28' 1,670.70' 1,000.58' S1°13'10"E 65.00' N88°46'50"E 166.93' L1 S88°46'50"W 166.93' L2 33' R/W 20.0' INGRESS/EGRESS & PUBLIC UTILITY EASEMENT DOCUMENT 2006-254818, M.C.R. NOT TO SCALE 1130 N. Alma School Road, Suite 120 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 w w w . e p s g r o u p i n c . c o m TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 Town of Gilbert Project No.: ST-0990 Section: 21 Township: 2 S Range: 6 E Date: 01/31/22 Page 2 of 3 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-76-279 TEMPORARY CONSTRUCTION EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT = 1,669 SQ. FT. 0.0383 AC. THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. R E G I S T E R E D L A N D S U R V E Y O R C E R T I F I C A T E N O . 53160 RAYMOND S. MUNOZ III D a t e S i g n e d 1 / 3 1 / 2 0 2 2 A R I Z O N A , U . S . A . T.C.E. OCOTILLO ROAD P.O.B. P.O.C. NORTH 1/4 CORNER SECTION 21, T2S, R6E FOUND ACFL NORTHWEST CORNER SECTION 21, T2S, R6E CALCULATED POSITION VAL VISTA DRIVE CENTER 1/4 CORNER SECTION 21, T2S, R6E FOUND ACFL LEGEND P.O.B. P.O.C. APN ACFL M.C.R. R/W T.C.E. POINT OF BEGINNING POINT OF COMMENCEMENT ASSESSORS PARCEL NUMBER ALUMINUM CAP FLUSH MARICOPA COUNTY RECORDER RIGHT-OF-WAY TEMPORARY CONSTRUCTION EASEMENT BETTERMAN FAMILY LIVING TRUST DOCUMENT 2020-0620580, M.C.R. Page 6 of 7 EXHIBIT "B" 1130 N. Alma School Road, Suite 120 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 w w w . e p s g r o u p i n c . c o m LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-76-279 TEMPORARY CONSTRUCTION EASEMENT North: 817876.1555' East: 750286.3648' Segment #1 : Line Course: S00°12'28"E Length: 10.00' North: 817866.1555' East: 750286.4010' Segment #2 : Line Course: S88°46'50"W Length: 166.93' North: 817862.6030' East: 750119.5088' Segment #3 : Line Course: N00°13'36"W Length: 10.00' North: 817872.6029' East: 750119.4693' Segment #4 : Line Course: N88°46'50"E Length: 166.93' North: 817876.1555' East: 750286.3615' Perimeter: 353.87' Area: 1669 Sq. Ft. Error Closure: 0.0033 Course: S89°46'58"W Error North: -0.00001 East: -0.00330 Precision 1: 107230.30 TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 Town of Gilbert Project No.: ST-0990 Section: 21 Township: 2 S Range: 6 E Date: 01/31/22 Page 3 of 3 R E G I S T E R E D L A N D S U R V E Y O R C E R T I F I C A T E N O . 53160 RAYMOND S. MUNOZ III D a t e S i g n e d 1 / 3 1 / 2 0 2 2 A R I Z O N A , U . S . A . Page 7 of 7 EXHIBIT "B"