EASEMENT-CORRECTIVE EASEMENT ROAD LOT 24 ASU RESEARCH PARK.DOC
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ASU 9.4.25 CORRECTIVE EASEMENT LOT 24 @ 1 RESEARCH PARK #3032147 Recorded at the request of the CITY OF TEMPE When recorded, return to: CITY OF TEMPE BASKET SE 13 S4 2150 E. Warner Road, Tempe, AZ 301-53-284 ASU Research Park Lot 24 C2026-06 CORRECTIVE AMENDMENT TO INGRESS AND EGRESS EASEMENT This CORRECTIVE AMENDMENT TO INGRESS AND EGRESS EASEMENT (this “Amendment”) is made and entered into as of January ____, 2026, by and between AVNET, INC., a New York corporation, as successor to Warner 101, LLC, a Minnesota limited liability company (“Grantor”), and CITY OF TEMPE, ARIZONA, a municipal corporation (“Grantee” or “City”). WHEREAS, Grantor executed for the benefit of Grantee that certain Ingress and Egress Easement dated August 17, 2014, and recorded September 23, 2014, at Instrument Number 2014-0627670 in the official records of the Recorder’s Office of Maricopa County, Arizona (the “Easement”), which provided for public ingress and egress, pedestrian and vehicular access, and for refuse and other City services over the private roadway delineated on Exhibit A attached to the Easement. WHEREAS, the parties desire to make corrections regarding the name of the private roadway as designated in the Easement according to the terms as set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the above recitals, Grantor and Grantee hereby amend the Easement as follows: 1. The second paragraph of the Easement is deleted in its entirety and is replaced with the following: “City agrees that, subject to City’s approval, which shall not be unreasonably withheld, conditioned or delayed, for so long as this easement remains in place, the name of said private roadway may be changed from time to time subject to the prior written approval of the Ground Lessor and Ground Lessee under that certain Ground Lease dated as of October 8, 1984, between the Arizona Board of Regents, a body corporate, for and on behalf of Arizona State University (“Ground ASU 9.4.25 CORRECTIVE EASEMENT LOT 24 @ 2 RESEARCH PARK #3032147 Lessor”), and Arizona State University Research Park, Inc., an Arizona non-profit corporation, fka Price-Elliott Research Park, Inc. (“Ground Lessee”), as amended from time to time, the “Ground Lease”). Memoranda of the Ground Lease, the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fourth [sic] Amendment, and Sixth Amendment thereto were recorded on July 29, 1987, July 30, 1991, January 20, 1993, December 28, 1995, December 30, 1997, May 14, 2002, and December 12, 2006, respectively, in the Official Records of the Recorder’s Office of Maricopa County, Arizona, as Instrument Nos. 87-0479960, 91-351641, 93-0033412, 95-0802147, 97-0913460, 2002-0492441 and 2006- 1620928, respectively.” 2. Except as amended and corrected by this Amendment, all of the terms, covenants, conditions and agreements of the Easement shall remain in full force and effect. In the event of any conflict between the provisions of the Easement and the provisions of this Amendment, this Amendment shall control. The Recitals set forth above are incorporated in this Amendment as though fully set forth herein. SEE SIGNATURES ON FOLLOWING PAGES ASU 9.4.25 CORRECTIVE EASEMENT LOT 24 @ 3 RESEARCH PARK #3032147 IN WITNESS WHEREOF, the parties have executed this CORRECTIVE AMENDMENT TO INGRESS AND EGRESS EASEMENT, as of the day and year first above written. "Grantor": AVNET, INC., a New York corporation By Printed Name: Title: STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing instrument was acknowledged before me on ________________, 2026, by _________________________, the ________________________ of AVNET, INC., a New York corporation, on behalf of the company. Notary Public [Notary Seal] ASU 9.4.25 CORRECTIVE EASEMENT LOT 24 @ 4 RESEARCH PARK #3032147 C2026-06 Signature Page Continuation to CORRECTIVE AMENDMENT TO INGRESS AND EGRESS EASEMENT "Grantee": CITY OF TEMPE, a municipal corporation By Printed Name: Title: STATE OF ARIZONA ) ) ss County of Maricopa ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2026, by _______________________________, the _______________________________, of the CITY OF TEMPE, a municipal corporation. Notary Public [Notary Seal] ASU 9.4.25 CORRECTIVE EASEMENT LOT 24 @ 5 RESEARCH PARK #3032147 CONSENT OF GROUND LESSEE The undersigned as Ground Lessee of the real property subject to the easement described in the foregoing CORRECTIVE AMENDMENT TO INGRESS AND EGRESS EASEMENT hereby consents to the easement granted therein. “Ground Lessee”: ARIZONA STATE UNIVERSITY RESEARCH PARK, INC., an Arizona non profit corporation, fka Price-Elliott Research Park, Inc. By Morgan R. Olsen, President STATE OF ARIZONA ) ) ss County of Maricopa ) This instrument was acknowledged before me this ______ day of _________, 2026, by Morgan R. Olsen, the President of the ARIZONA STATE UNIVERSITY RESEARCH PARK, INC., an Arizona non-profit corporation. Notary Public [Notary Seal]