E. 24236 - TEMPORARY CONSTRUCTION EASEMENT.PDF

When Recorded Return To:

Maricopa County Real Estate Department
2801 W. Durango Street

Phoenix, AZ 85009

EXEMPT ARS 11-1134.A.2

TEMPORARY CONSTRUCTION EASEMENT

Assessor's Parcel No.: 141-61-016

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24236-1-TCE [WJ]

WJ/SO

This Temporary Construction Easement is entered into by and between ACA Real Estate Group,
LLC, an Arizona limited liability company, hereinafter referred to as GRANTORS, and
MARICOPA COUNTY, a political subdivision of the State of Arizona, its officers, agents,
contractors, assigns, heirs, and successors in title or interest, hereinafter collectively called
GRANTEE, as of the last date signed below.

GRANTORS hereby grant a Temporary Construction Easement (“TCE”), together with
the right and privilege of entering upon the area subject to said temporary easement, on, over,
under and across that portion of GRANTOR'S property located at 6357 E University Drive in
Mesa, Arizona described and depicted on Exhibits “A and B”, which are attached to, and made a
part of, this temporary easement (“TCE Area”), for the purpose of facilitating construction of the
project known as TT0612(“Project”).

ie Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of Twelve (12) months (“Term”) 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 Area shall be One
Hundred Eleven and No/100 Dollars ($111.00) 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 $ 9.25 for
each month of the required extension.

Page 1 of 6

Assessor's Parcel No.: 141-61-016

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24236-1-TCE [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. 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 6

Assessor's Parcel No.: 141-61-016

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24236-1-TCE [WJ]

Dated this 14 day of DA 202A .

Grantor(s): ACA Real Estate Group, LLC, an Arizona limited liability company

By: CM MER

(Signature)

Its: Mea AGgrn
(TYfle)

STATE OF Ay

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)§
)

county oF _M gps Cay.
The foregoing instrument was acknowledged before me this MW day of eiho

20 2\., by Claw M. Ahlehrn its 6 Wigan of

(Nanté of Officer) (Title)

ACA Real Estate Group, LLC, an Arizona limited liability company, on behalf of the company.
(State)

My Commission Expires V \ (Ol 4ora YW no \ at ge Qeo

Notary Puffic (signature)

MARY LEDA-RICE
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
COMMISSION # 550398
MY COMMISSION EXPIRES
JULY 10, 2022

Notary Stamp Seal
Page 3 of 6

Assessor's Parcel No.: 141-61-016

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24236-1-TCE [WJ]

RECOMMENDED FOR APPROVAL:

Senior a of wh Agent

ACCEPTED:

Real Property

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
and authority of the Board of Supervisors

Deputy County Attorney Date

II!
M1
III
II!
Il
III
Ii

Page 4 of 6

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-61-016
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24236-TCE

LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT

A parcel of land in Section 24, 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 Lot 217 of Velda Rose Estates East, recorded in Book 123 of
Maps, Page 47, Maricopa County Records;

thence North 89°45'58" East, for a distance of 73.07 feet to the Point of Beginning;
thence North 89°45'58" East, for a distance of 7.05 feet;

thence South 45°02'05" East, for a distance of 21.29 feet;

thence South 00°09'52" West, for a distance of 7.05 feet;

thence North 45°02'05" West, for a distance of 31.22 feet to the Point of Beginning.

The above described parcel contains 131 square feet or 0.0030 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 2/16/2021
Rev:

Maricopa County Real Estate Department

GRANTOR. (Af _patE 10-24 XI

Page | of 1 Page 5 of §

Exhibit "B", Attached to Temporary Construction Easement N

E University Drive

Not to Scale

NO. BEARING LENGTH
uu N 89°45'58" E 73.07'
L2 N_89°45'58" E 7.05"
L3 S 45°02'05" E 21.29
L4 $_00°09'52" W 7.05'
L5 N 45°02'05" W | _31.22'

POC POB \
EXIST RW _ itt L2
)
VELDA ROSE ESTATES EAST
MCR 123-47 D24236-TCE

v1

IN

D24236
NEUFELD PETER/ALIE
141-61-016
Lot 217

D24236-TCE Area: 131 square feet or 0.0030 acres
Total Req'd. Area: 131 square feet or 0.0030 acres 4 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-61-016 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 ITEM No. D24236-TCE DATE 01/12/2021 RW W.J. Tech HP Page © of 6