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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.:
304-76-195
Project No.:
TR221
Project Name: Ocotillo Road (148th Street to Greenfield Road)
Item No.:
D24629 [WJ]
This Temporary Construction Easement is entered into by and between Gregory R. Marcell and
Tracey A. Marcell, Trustees of The Marcell Family Trust dated August 11, 2015, 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 #20201179216) 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 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 Dollar Two Thousand Six Hundred Ninety and No/100 Dollars ($2,690.00) 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
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notifying the GRANTORS in writing and issuing a payment for the additional consideration in
the amount of $224.00 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.
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SIGNATURE PAGE(S) FOLLOW
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9/6/2023