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When Recorded Return To:
Maricopa County Real Estate Department
2801 W. Durango Stteet
Phoenix, AZ 85009
EXEMPT ARS 11-1134.A.2
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel No.: 141-49-041D
Project No.: TT0612
Project Name: University Drive ADA Improvements
Ttem: D24138-1-TCE [WJ]
KS /W
This Temporaty Construction Easement is entered into by and between Ricks Investments
Limited Pattnership, an Atizona limited partnership, hereinafter referred to as GRANTOR, and
MARICOPA COUNTY, a political subdivision of the State of Arizona, its officers, agents,
contractors, assigns, heits, and successots in title or interest, hereinafter collectively called
GRANTEE, as of the last date signed below.
GRANTOR hereby grants a Temporary Construction Easement (“TCE”), together with the
tight and privilege of enteting upon the area subject to said temporaty casement, on, over, under and
actoss that portion of GRANTOR'S property located at 5631 E. University Dr, Mesa, Atizona
described and depicted on Exhibits “A and B”, which are attached to, and made a patt of, this
temporary easement (“TCE Area”), for the purpose of facilitating construction of the project known
as I'T0612 (“Project”).
1. Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of twelve (12) months (“Tetm”) which shall commence on October 1, 2023. GRANTEE
estimates that the period set forth above will be sufficient time for completion of the work needed for
construction of the Project. The consideration for the use of the TCE Atea shall be Hight Hundred
Twenty-Five and No/100 DOLLARS ($825.00) paid by the GRANTEE to the GRANTOR. This
consideration shall be for the full Term described. In the event GRANTEE determines that additional
time is needed for completion of the Project construction, GRANTEE shall be permitted to extend
the term of this TCE by paying, additional consideration, the sum of $69.00 for each month of the
tequired extension.
2. Damages. The GRANTEE shall be liable for any permanent damage to the TCE
Page 1 of 10
Assessot's Patcel No.: 141-49-041D
Project No.: TT0612
Project Name: University Drive ADA Improvements
Item: 124138-1-TCE [WJ]
Area, and/or any improvements therein, caused by GRANTEE during the Term of this TCE. Any
improvements damaged because of GRANTEE’S use of the TCE Area will be replaced in kind.
3. Indemnification, GRANTEE agrees to indemnify GRANTOR for all direct
damages to the real property, personal property, or physical injury to persons on the TCE Area,
caused by or arising from the sole negligence of GRANTEE in the exercise of GRANTEE'S rights
pursuant to the terms of this TCE. All claims shall be submitted in accordance with the
requirements of A.R.S. §12-821, et seq.
4, Extinguishment. Upon completion of the Project construction, GRANTEE shall
record a document extinguishing this TCE in the office of the Maricopa County Recorder.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE(S) FOLLOW
Page 2 of 10
Assessot's Parcel No.: 141-49-041D
Project No.: TT0612
Project Name: University Drive ADA Improvements
Item: 1D24138-1-TCE [WJ]
Dated this Un day of Wes 5 20.
GRANTOR: Ricks Investments Limited Partnership, an Atizona limited partnership
eo bbe pdyeagee b Leake
‘Leon H Ricks (Signature) hia F Ricks (Signature)
Its: Partner Its: Partner
(Title) (Title)
STATE OF ha DWN )
) ss.
COUNTY OF Kt nql )
The fotegoing instrument was acknowledged before me this TIA day of (ie ilo 1 Y 5
20. , by Leon H Ricks and Sylvia F Ricks , pattners on behalf of
(Natne of partner or agent)
Ricks Investments Limited Partnership, an Arizona limited partnership.
(Name of partnership) ('
My Commission Expires ( lM N \% } WS. Bab _ “ue
Notaty Public ( (signature)
BAMBI E COUTURIER
Notary Public - Arizona
Pinal County
Commission # 593336
My Comm. Expires Jan 13, 2025
Notary Stamp Seal
Page 3 of 10
DocuSign Envelope ID: SE94B623-1A1B-4538-9D43-50033D526A70
Assessot's Parcel No.: 141-49-041D
Project No. TT0612
Project Name: University Drive ADA Improvements
Item: D24138-1-TCE [WJ]
RECOMMENDED FOR APPROVAL:
DocuSigned by: ‘DocuSigned by:
[ Wane Jone [ Kinde Romero
Right of Way Agent Real Property Manager
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By:
‘Chairman of the Board
ATTEST:
Date
Clerk of the Board of Supervisors ©
Approved as to form and within the powers
shasthovity of the Board of Supervisors
Wayne Pub 10/6/2021
B2E0BD10D8524D1
Deputy County Attorney Date
it
it
iit
it
it
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Page 4 of 10
Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-041D
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24138-TCE1
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land in Section 23, Township 1 North, Range 6 East of the Gila and Salt River Base and
Meridian, and being more particularly described as follows:
Commencing at the Northwest corner of that certain property according to document 2019-0144662,
Maricopa County Records;
thence North 89°45'13" East, for a distance of 17.14 feet to the Point of Beginning;
thence North 89°45'13" East, for a distance of 43.68 feet;
thence South 00°00'00" West, for a distance of 6.00 feet;
thence South 89°45'13" West, for a distance of 43.68 feet;
thence North 00°00'00" East, for a distance of 6.00 feet to the Point of Beginning.
The above described parcel contains 262 square feet or 0.0060 acres, more or less, and is depicted on
the attached Exhibit “B”.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 04/20/2021 HP__| Chk: | Appr: AWG. 2/17/2021
Rev:
Maricopa County Real Estate Department
GRANTOR y a DATE 2-4-3/
Page | of 1 Page 5 of 10
Exhibit “B", Attached to Temporary Construction Easement
E University Drive
POC Poe
| L1
NO. BEARING LENGTH
Li N 89°45'13" E 17.14
L2 N 89°45'13" E 43.68"
L3 S$ 00°00'00" W 6.00'
L4 $ 89°45'13"W | 43.68"
L5 N_00°00'00" E 6.00!
L2
Not to Scale
EXIST R/W
~ l
LO
—
Eo
D24138-TCE1
L4
D24138-TCE1 Area: 262 square feet or 0,0060 acres
VELDA ROSE COUNTRY
CLUB ADDITION
MCR 094-19
D24138
RICKS ENTERPRISES LLC
141-49-041D
Total Req'd. Area: 262 square feet or 0.0060 acres 1of1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 141-49-041D UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
PROJECT No, TT0612 | ITEM No, D24138-TCEt DATE 01/12/2021 RW W.J. Tech HP Page 6 of 10
Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-041D
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No, D24138-TCE2
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land in Section 23, Township J North, Range 6 East of the Gila and Salt River Base and
Meridian, and being more particularly described as follows:
Commencing at the Northwest comer of that certain property according to document 2019-0144662,
Maricopa County Records;
thence North 89°45'13" East, for a distance of 413.12 feet to the Point of Beginning;
thence North 89°45'13" East, for a distance of 38.65 feet;
thence South 00°14'47" East, for a distance of 4.00 feet;
thence South 89°45'13" West, for a distance of 38.65 feet;
thence North 00°14'47" West, for a distance of 4.00 feet to the Point of Beginning.
The above described parcel contains 155 square feet or 0.0035 acres, more or less, and is depicted on
the attached Exhibit “B”.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 01/20/2021 HP_| Chk: | Appr: AWG 2/17/20z#
Rev:
Maricopa County Real Estate Department
GRANTOR Ke DATE (0-4 0-/
Page loft Page 7 of __10
Exhibit "B", Attached to Temporary Construction Easement
E University Drive
No. BEARING LENGTH
uf N 89°45'13"E | 413,12!
L2_ | N89°4513"E 38.65"
L341 S 00°1447"E 4.00'
L4 S$ 89°45'13" W. 38.65!
L5_ | N00°14'47" W 4.00'
POB
[ L2
Not to Scale
EXIST _R/W
[ \ =
Ke]
I
a
oo
D24138
141-49-041D
L4
RICKS ENTERPRISES LLC
D24138-TCE2 Area: 155 square feet or 0.0035 acres
Total Req'd. Area: 155 square feet or 0.0035 acres
D24138-TCE2
VELDA ROSE COUN
CLUB ADDITION
MCR 094-19
TRY
1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 141-49-041D UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
PROJECT No. TT0612
ITEM No. D24138-TCE2
DATE 01/12/2021 RW WJ. Tech HP
Page g of 10
Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-041D
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24138-TCE3
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land in Section 23, Township 1 North, Range 6 East of the Gila and Salt River Base and
Meridian, and being more particularly described as follows:
Commencing at the Northeast corner of that certain property according to document 2019-0144662,
Maricopa County Records;
thence South 89°45'13" West, for a distance of 20.68 feet to the Point of Beginning;
thence South 00°07'23" East, for a distance of 10.00 feet;
thence South 89°45'13" West, for a distance of 44.18 feet;
thence North 00°07'23" West, for a distance of 10.00 feet;
thence North 89°45'13" East, for a distance of 44.18 feet to the Point of Beginning.
The above described parcel contains 442 square feet or 0.0101 acres, more or less, and is depicted on
the attached Exhibit “B”.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 01/20/2021 HP __| Chk: | Appr: AWG 2/17/2021
Rev:
Maricopa County Real Estate Department,
GRANTOR _-__ DATE fp -¥-2/
9
“Page lofi Page of _10
Exhibit "B", Attached to Temporary Construction Easement
N
E University Drive
Not to Scale
NO. BEARING LENGTH
Li S 89°45'13" W | 20.68!
L2 $ 00°07'23" E 10.00°
L3 S 89°45'13" W 44.18
L4 N_00°07'23" W 10.00°
LS N 89°45'13" E 44.18"
POB POC
EXIST_R/W LS Lt
x dS
me O\
D24138 D24138-TCE3
RICKS ENTERPRISES LLC
141-49-041D
VELDA ROSE COUNTRY
CLUB ADDITION
MCR 094-19
D24138-TCE3 Area: 442 square feet or 0.0101 acres
Total Req'd. Area: 442 square feet or 0.0101 acres 4 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 141-49-041D UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
PROJECT No. TT0612 | ITEM No. D24138-TCE3 DATE 01/12/2021
RW W.J, Tech HP
Page 19 of 10