Extracted text (via ocr_local)
9369 characters
When Recorded Return To:
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009
EXEMPT ARS 11-1134.A.2
CY/SC
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel No.: 304-76-027
Project No.: TR221
Project Name: Ocotillo Road (148" Street to Greenfield Road)
Item No.: D 24630 [WJ]
This Temporary Construction Easement is entered into by and between Burgeson Holdings, LLC, a limited
liability company, hereinafter referred to as GRANTOR, the owner of the real property situated in
Maricopa County, Arizona, which property is set forth in instrument number 2014-0683153 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.
GRANTOR 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 12 months (“Term”) which shall commence upon the initiation of construction activities. GRANTEE
estimates that the period of time stated above will be sufficient for completion of the work within the TCE
Area. Construction is currently scheduled to start on December 2023, and is subject to change. GRANTEE
shall provide written notification to GRANTOR 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 Six Hundred Eighty-One and No/100 Dollars ($1,681.00) paid by GRANTEE to
GRANTOR. 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 GRANTOR in writing and issuing a
payment for the additional consideration in the amount of $ 140.08 for each additional month or part thereof
for the required extension.
Page | of 7
MCDOT-FCD TCE Template Approved 11-17-21 W Peck, MCAO
Assessor's Parcel No.: - 304-76-027
Project No.: TR221
Project Name: Ocotillo Road (148" Street to Greenfield Road)
Item No.: D24630 [WJ]
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
Page 2 of 7
MCDOT-FCD TCE Template Approved 11-17-21 W Peck, MCAO
Assessor's Parcel No.: 304-76-027
Project No.: TR221
Project Name: Ocotillo Road (148" Street to Greenfield Road)
Item No.: D24630 [WJ]
Dated this | pA day of uid » 20. (Zz
GRANTOR: Burgeson Holdings, LLC, a limited liability company
By: Pha taf oe—
Debra Burgeson (Signature) ~
Its: Sele Curer
(Title)
state or ALi Zowa
COUNTY OF Mac: copa
)
)§
)
The foregoing instrument was acknowledged before me this \> day of Zune >
202 im) , by Debra Burgeson its Sole Oulyve ‘ss of
(Name of Officer) (Title)
Burgeson Holdings LLC, an Arizona limited liability company, on behalf of the company.
My Commission Expires O ‘aN (ea { 2+ -
Notary Public (signature)
GER MICHAEL NEUMAN
2\ Notary Public - State of Arizona
MARICOPA COUNTY
eS 3’ Commission # 646652
Expires March 26, 2027
Notary Stamp Seal
Page 3 of 7
MCDOT-FCD TCE Template Approved 11-17-21 W Peck, MCAO
Assessor's Parcel No.: 304-76-027
Project No.: TR221
Project Name: Ocotillo Road (148" Street to Greenfield Road)
Item No.: D24630 [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
audhenity of the Board of Supervisors
Wayne Puck 6/30/2023
Deputy County Attorney Date
Page 4 of 7
MCDOT-FCD TCE Template Approved 11-17-21 W Peck, MCAO
EXHIBIT “A”
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-76-027
TEMPORARY CONSTRUCTION EASEMENT
APORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2014-0683153, 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) 2,685.12 FEET;
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 492.16
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 04 MINUTES 33 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, 176.93 FEET TO A POINT ON THE WEST
LINE OF SAID PARCEL;
THENCE ALONG SAID WEST LINE, NORTH 0 DEGREES 05 MINUTES 41 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, 176.94 FEET TO THE POINT OF
BEGINNING,
CONTAINING AN AREA OF 1,769 SQUARE FEET OR 0.0406 ACRES, MORE OR LESS.
SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS.
TEMPORARY CONSTRUCTION EASEMENT
EPS Project #: 20-1407 Page F p S
Town of Gilbert Project No.: ST-0990
noe GROUP
Section: 21, Township: 2 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 4 of 3 www.epsgroupinc.com |
S
MCDOT-FCD TCE Template Approved 09-xx-21 W Peck, MCAO
Page 5 of 7
EXHIBIT “B”
Section: 21 Township: 2S Range: 6 E
Date: 01/31/22
Page 2 of 3
c ~
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-786-027 PoC.
NORTHWEST CORNER TEMPORARY CONSTRUCTION EASEMENT NORTH 1/4 CORNER
SECTION 21, T2S, RE SECTION 21, T2S, R6E
CALCULATED POSITION FOUND ACFL
seersssow e728 —_
{ ~ 2,479.12 , 492.48 a ge j_
= OCOTILLO ROAD ae =8 z
=z ea, 0OTHLOROND eg Od
= { | / ls
a 46°50)" : | P.O.B. Ss
2 | N88°46'50"E 176.94 ae \2
= — sy A 2 a
_— a ET P4650°W 176.93 x
= | $86 L TCE. | | be
| 10' INGRESS/EGRESS AND PUBLIC Ld =
| UTILITY EASEMENT, DOCUMENT —+| + 40.0‘ UNDERGROUND Et
| 1998-0059380 AND 2005-1894838, M.C.R. a POWER EASEMENT | S
| T1 7 pocumeNnt B
8' PUBLIC UTILITY EASEMENT, \
7] 1 DocuMENT 1998-0059980, MCR. 1908-640918, MCR, i
BURGESON HOLDINGS LLG sean oe one
DOCUMENT 2014-0683183, M.C.R. FOUND AGFL
LEGEND
LINE TABLE P.O.B. —_ POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
LINE | BEARING | LENGTH APN ASSESSORS PARCEL NUMBER
ACFL ALUMINUM CAP FLUSH
L1 | sooro433E | 10.00" MCR. MARICOPA COUNTY RECORDER
—— - RW RIGHT-OF-WAY
L2 | Noovosatw | 10.00 T.C.E. TEMPORARY CONSTRUCTION
EASEMENT
PROPOSED TEMPORARY CONSTRUCTION EASEMENT = 1,769 SQ. FT. 0.0406 AC. UD
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 & E p S
Town of Gilbert Project No.: ST-0990
_ GROUP
1130 N. Alma School Road, Suite 120
Mesa, Arizona 85201
T:480,503.2250 | F:480.503.2258
www.epsgroupinc.com J
MCDOT-FCD TCE Template
Page 6 of 7
Approved 09-xx-21 W Peck, MCAO
EXHIBIT “B”
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-76-027
TEMPORARY CONSTRUCTION EASEMENT
North: 817901.2340' East: 761464.6354"
Segment #1 : Line
Course: $00°04'33"E — Length: 10.00°
North: 817891.2340' East: 751464.6467'
Segment #2 : Line
Course: $88°46'50"W Length: 176.93'
North: 817887.4686' East: 751287.7587'
Segment #3 : Line
Course: N00°05'41°W Length: 10.00°
North: 817897.4686' East: 751287.7422'
Segment #4 : Line
Course: N88°46'50"E Length: 176.04"
North: 817901.2342' East: 751464.6421'
Perimeter. 373.87' Area: 1769 Sq. Ft.
Error Closure: 0.0067 Course: N88°13'22"E
Error North: 0.00021 East: 0.00670
Precision 1: 5801.49
TEMPORARY CONSTRUCTION EASEMENT
EPS Project #; 20-1407 © F p S
Town of Gilbert Project No.: ST-0990 9 GROUP
Section: 24 Township: 28 Range: 6 E 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 ]
\.
MCDOT-FCD TCE Template Approved 09-xx-21 W Peck, MCAO
Page 7 of 7