B. D24140 - 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 Nos.: 141-49-006M, 141-49-006L, 141-49-006P, 141-49-006Q
Project No.: TT0612

Project Name: University Drive ADA Improvements

Item: D24140-1-TCE [WJ]

WJ/SO_

This Temporary Construction Easement is entered into by and between Suncourt LLC, an Arizona
limited liability company, hereinafter referred to as GRANTOR, 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.

GRANTOR hereby grants 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 5825 E UNIVERSITY DR, #129-132 Mesa,
described and depicted on Exhibits “A and B”, which is 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”).

1. 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 Two
Thousand Three Hundred One and No/100 Dollars ($2,301.00) 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
$ 192.00 for each month of the required extension.

Page 1 of 20

Assessor's Parcel No.: 141-49-006M, 141-49-006L, 141-49-006P, 141-49-006Q
Project No.: TT0612

Project Name: University Drive ADA Improvements

Item: D24140-1-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 20

Assessor's Parcel No.: 141-49-006M, 141-49-006L, 141-49-006P, 141-49-006Q
Project No.: TT0612

Project Name: University Drive ADA Improvements

Item: D24140-1-TCE [WJ]

Dated this_It™ day of _Sephewbe- 2074.

GRANTOR: Suncourt LLC, an Arizona limited liability company

By: Cypress Commons GP LLC, an Arizona limited liability company, its manager

By: Quis
(Jackson Booth)

Its: Manager
(Title)

STATE OF [Mon tana

)
)§
COUNTY OF Missoula )

The foregoing instrument was acknowledged before me this V7? day of Se ptember >

20. 2/_, by Jackson Booth a Manager of Cypress Commons

GP, LLC, an Arizona limited liability company, the manager of Suncourt, LLC, an Arizona

limited liability company, on behalf of the company.

My Commission Expires 03/ 5/ do 22 “| “2207 ( Piece
Notary Public (signatfire)

TROY BONTRAGER
NOTARY PUBLIC for the
State of Montana
Residing at Missoula, MT
My Commission Expires
March 15, 2022.

Notary Stamp Seal
Page 3 of 20

Assessor's Parcel No.: 141-49-006M, 141-49-006L, 141-49-006P, 141-49-006Q
Project No.: TT0612

Project Name: University Drive ADA Improvements

Item: D24140-1-TCE [WJ]

Dated this 7% day of Ay Men 20.27.

GRANTOR: Suncourt LLC, an Arizona limited liability company
By: Cypress Comm, LC, an Arizona limited liability company, its manager

By:

(Matthew Camire)

Its: Manager
(Title)

STATE OF _(enmayL vnaeiae

COUNTY OF kehegbe

The foregoing instrument was acknowledged before me this 7/7 day of Jgallekas

)
)§
)

20_.2/, by Matthew Camire a Manager of Cypress Commons

GP, LLC, an Arizona limited liability company, the manager of Suncourt, LLC, an Arizona

limited liability company, on behalf of the company.

My Commission Expires Sane 22. 2025 Lame Loa,
. Notary Public (signateffe)

Commonwealth of Pennsylvania - Notary Seal
Donna Casey, Notary Public
Lehigh County
My commission expires January 13, 2025
Commission number 1389463
Member, Pennsytvania Association of Notaries

Notary Stamp Seal
Page 4 of 20

Assessor's Parcel No.: 141-49-006M, 141-49-006L, 141-49-006P, 141-49-006Q
Project No.: TT0612

Project Name: University Drive ADA Improvements

Item: D24140-1-TCE [WJ]

Dated this 3 day of Sep ; 202.
GRANTOR: Suncourt LLC, an Arizona limited liability company

By: Cypress Commons GP LLC, an Arizona limited liability company, its manager

GAEL
(Ho Ip) J”

Its: Manager
(Title)

STATE OF Tayo
COUNTY OF “Le

The foregoing instrument was acknowledged before me this 3 day of Splmbta-

20 21, by Ho Jang a Manager of Cypress Commons

By:

)
)§
)

GP, LLC, an Arizona limited liability company, the manager of Suncourt, LLC, an Arizona

limited liability company, on behalf of the company.
My Commission Expires M/gy ADS Lk deme

Notary Public (signature)

TAMARA DELIJEANT
Notary ID #133078079

My Commisston Expires
Aaril 30, 2025

Notary Stamp Seal
Page 5 of 20

Assessor's Parcel No.: 141-49-006M, 141-49-006L, 141-49-006P, 141-49-006Q
Project No.: TT0612

Project Name: University Drive ADA Improvements

Item: D24140-1-TCE [WJ]

RECOMMENDED FOR APPROVAL: SiGWED {N COUNTERPART

LD apace rover =
Senior Ryéht of yey 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
and authority of the Board of Supervisors

SIGNED IN COUNTERPART

Deputy County Attorney Date

/Il
Ii!
/il
///
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Ii!

Page 6 of 20

DocuSign Envelope ID: 1ECA471A-7CBF-4196-807C-C1096DC922E0

Assessor's Parcel No.: 141-49-006M, 141-49-006L, 141-49-006P, 141-49-006Q
Project No.: TT0612

Project Name: University Drive ADA Improvements

Item: D24140-1-TCE [WJ]

RECOMMENDED FOR APPROVAL:

DocuSigned by:
l) j [ Kindo Komero
Qufnnt Kr BEESAS8FF2B6416...
Senior Rigi of yay Agent Real Property Manager
ACCEPTED:

MARICOPA COUNTY BOARD OF SUPERVISORS:
SIGNED JW COUNTERPART

By:
Chairman of the Board

ATTEST:
SIGNED JN COUNTERPART

Date

Clerk of the Board of Stipervisors”

Approved as to form and within the powers
epatheavity of the Board of Supervisors
Wayne Puk 9/23/2021

B2E0BD100B524D1...

Deputy County Attorney Date

Mt
UT
Mt
Mf
MM
Ml
Ml

Page 6 of 20

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006M
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24140-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 APN 141-49-006M, document 2012-0052152 recorded in
Maricopa County Records;

thence South 00°11'00" West, for a distance of 5.13 feet to the Point of Beginning;
thence North 89°39'47" East, for a distance of 22.43 feet;
thence South 00°00'25" East, for a distance of 17.31 feet;
thence South 89°46'56" West, for a distance of 22.49 feet;
thence North 00°11'00" East, for a distance of 17.27 feet to the Point of Beginning.

The above described parcel contains 388 square feet or 0.0089 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_}{)__pATE_¢/3]2 |
Page | of | Page 7 of _20 __

Exhibit "B", Attached to Temporary Construction Easement N

E University Drive

Not to Scale

NO. BEARING LENGTH
1 S 00°11'00" W 5.13'
L2 N_89°39'47" E 22.43
L3 S$ 00°00'25" E 17.31'
L4 S 89°46'56" W | __ 22.49"
L5 N.00°11'00" E 17.27'

POC
EXIST_R/W

L2 Jo

L1

POB

L5
e1

L4
D24140-TCE1

D24140
Suncourt LLC

141-49-006M
D24140-TCE1 Area: 388 square feet or 0.0089 acres
Total Req'd. Area: 388 square feet or 0.0089 acres 1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-49-006M UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 | ITEM No. D24140-TCE1 DATE 05/18/2021 RW W.J. Tech HP Page 8 of 20

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006M
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24140-TCE2

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:

Beginning at the Northeast corner of APN 141-49-006M, document 2012-0052152 recorded in
Maricopa County Records;

thence South 00°11'00" West, for a distance of 5.71 feet;

thence South 89°59'35" West, for a distance of 104.99 feet;

thence North 00°00'00" East, for a distance of 5.27 feet;

thence North 89°45'13" East, for a distance of 105.01 feet to the Point of Beginning.

The above described parcel contains 576 square feet or 0.0132 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 _{4)___DATE_“/3/2|
Page | of | rT Page 9 of 20

Exhibit "B", Attached to Temporary Construction Easement

E University Drive

Not to Scale

NO. BEARING LENGTH
Li S$ 00°11'00" W 5.71'
L2 S 89°59'35" W_| 104.99"
L3 N.00°00'00" E 5.27'
L4 N 89°45'13"E | 105.01'
POB
_EXIST RW L4 ee
al 5
L2
D24140-TCE2
D24140
Suncourt LLC
141-49-006M
D24140-TCE2 Area: 576 square feet or 0.0132 acres
1 of 1

Total Req'd. Area: 576 square feet or 0.0132 acres

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-49-006M UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612

ITEM No. D24140-TCE2

DATE 05/18/2021

RW W.J. Tech HP

Page 10 of 20

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006L
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24140-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; said parcel being a portion of that certain property according to document 2021-0494387
recorded in Maricopa County Records and being more particularly described as follows:

Commencing at the Intersection of East University Drive and North 58" Street;

thence South 00°09'47" West, for a distance of 89.78 feet;

thence South 89°50'13" East, for a distance of 30.48 feet to the Point of Beginning;
thence North 44°58'43" East, for a distance of 28.40 feet;

thence North 89°45'13" East, for a distance of 18.42 feet;

thence South 00°14'47" East, for a distance of 5.00 feet;

thence South 89°45'13" West, for a distance of 16.36 feet;

thence South 44°58'43" West, for a distance of 21.68 feet;

thence North 87°58'30" West, for a distance of 6.83 feet to the Point of Beginning.

The above described parcel contains 212 square feet or 0.0049 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/24/2021 KH__| Chk: | Appr: AWG 2/17/2021
Rev:

Maricopa County Real Estate Department

GRANTOR_HX DATE_Q }z j

Page | of 1 Page 11 of 20

POG \

MID SEC LN

“I

~t

N 58th St

Exhibit "B", Attached to Temporary Construction Easement

E University Drive

NN, COR SEC 23

TIN, R6E

D24139-TCE1 Area: 212 square feet or 0.0049 acres

Total Req'd. Area: 212 square feet or 0.0049 acres

Not to Scale

NO. BEARING LENGTH
L1 S 00°09'47" W 89.78'
L2 S 89°50'13"E 30.48"
L3 N 44°58'43" E 28.40'
L4 N 89°45'13" E 18.42'
L5 S$ 00°14'47"E 5.00"
L6 S 89°45'13" W 16.36'
L7 S 44°58'43" W 21.68'
L8 N 87°58'30" W 6.83'
A EXIST RW
iE
al
‘A D24140-TCE3
D24140
SUNCOURT LLC
141-49-006L.
1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-49-006L UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612

ITEM No, D24140-TCE3

DATE 05/24/2021

RW W.J. Tech HP/KH

Page 12 of 20

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006L
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24140-TCE4

LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT

A parcel of land in Section 23, Township | North, Range 6 East of the Gila and Salt River Base and
Meridian; said parcel being a portion of that certain property according to document 2021-0494387
recorded in Maricopa County Records and being more particularly described as follows:

Commencing at the Northeast corner of said property;

thence South 00°11'00" West, for a distance of 5.13 feet to the Point of Beginning;
thence South 00°11'00" West, for a distance of 17.27 feet;
thence South 89°46'56" West, for a distance of 21.41 feet;
thence North 00°00'25" West, for a distance of 17.35 feet;
thence North 89°59'35" East, for a distance of 21.47 feet to the Point of Beginning.

The above described parcel contains 371 square feet or 0.0085 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/24/2021 KH__| Chk: ‘| Appr: AWG 2/17/2021
Rev:

Maricopa County Real Estate Department

GRANTOR _}H7\ DATE. {3/ 7

u

Page | of 1 Page 13 of _20

Exhibit "B Attached to Temporary Construction Easement

E University Drive

Not to Scale

NO. BEARING LENGTH
L1 S$ 00°11'00" W 5.13'
L2 S 00°11'00" W 17.27'
L3 S 89°46'56" W 21.41'
L4 N 00°00'25" W 17.35'
L5 N 89°59'35" E 21.47'

POC

_EXIST. R/W ee —

L5 4

POB
sr N
wan awl

L3

D24140-TCE4

D24140

SUNCOURT LLC
141-49-006L

D24140-TCE4 Area: 371 square feet or 0.0085 acres
Total Req'd. Area: 371 square feet or 0.0085 acres

D24140
SUNCOURT LLC
141-49-006M

1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-49-006L UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No, TT0612

ITEM No. D24140-TCE4

DATE 05/24/2021 RW W.J. Tech HP/KH

Page 14 of 20

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006P
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24140-TCES5

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:

Beginning at the Northwest corner of APN 141-49-006P, document 2021-0494390 recorded in
Maricopa County Records;

thence North 89°45'13" East, for a distance of 85.15 feet;

thence South 00°00'00" West, for a distance of 6.06 feet;

thence South 89°59'35" West, for a distance of 85.17 feet;

thence North 00°11'00" East, for a distance of 5.71 feet to the Point of Beginning.

The above described parcel contains 501 square feet or 0.0115 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/24/2021 KH ___| Chk: | Appr: AWG 2/17/2027
Rev:

Maricopa County Real Estate Department

GRANTOR 1S DATE. 4 21
Page | of | Page _15 of _20

Exhibit "B", Attached to Temporary Construction Easement

E University Drive

Not to Scale

D24140-TCES Area: 501 square feet or 0.0115 acres
Total Req'd. Area: 501 square feet or 0.0115 acres

NO. BEARING LENGTH
L1 N 89°45'13"E 85.15"
L2 S 00°00'00" W 6.06'
L3 S 89°59'35" W 85.17'
L4 N 00°11'00" E 5.71'
POB
~\ EXIST R/W L1 ee
x iS
/ .
D24140-TCES
D24140
SUNCOURT LLC
141-49-006P

1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-49-006P UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612

ITEM No. D24140-TCES

DATE 05/24/2021 RW W.J. Tech HP

Page 16 of 20

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006P, 006Q
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24140-TCE6

LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT

A parcel of land in Section 23, Township | North, Range 6 East of the Gila and Salt River Base and
Meridian, and being more particularly described as follows:

Commencing at the Common Northerly corner of APN 141-49-006P, 006Q document 2021-0494390,
recorded in Maricopa County Records;

thence South 00°17'26" West, for a distance of 6.19 feet to the Point of Beginning;

thence North 89°59'35" East, for a distance of 18.66 feet;

thence South 00°01'18" East, for a distance of 16.52 feet;

thence South 89°49'17" West, for a distance of 38.45 feet;

thence North 00°01'17" West, for a distance of 16.63 feet;

thence North 89°59'35" East, for a distance of 19.79 feet to the Point of Beginning.

The above described parcel contains 637 square feet or 0.0146 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/24/2021 KH | Chk: | Appr: AWG 2/17/2027
Rev:

Maricopa County Real Estate Department

GRANTOR_\-|)___DATE__ [321

Page | of 1 Page 17 of _20

Exhibit "B", Attached to Temporary Construction Easement N

E University Drive

Not to Scale

NO. BEARING LENGTH

u1 S 00°17'26" W

6.19"

L2__| N 89°59'35" E

18.66"

L3 S$ 00°01'18"E

16.52!

L4__| $ 89°49'17" W

38.45!

L5 | N00°01'17" W

16.63'

L6__|_N 89°59'35" E

19.79'

POC

EXIST_ RW a

L6 “12 |

| P08 7
LA
D24140-TCE6
D24140 D24140
SUNCOURT LLC SUNCOURT LLC
141-49-006P 141-49-006Q

D24140-TCE6 Area: 637 square feet or 0.0146 acres
Total Req'd. Area: 637 square feet or 0.0146 acres

1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-49-006P, 006Q UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 | ITEM No. D24140-TCE6 DATE 05/24/2021

RW W.J. Tech HP/KH Page 18 of 20

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006Q
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24140-TCE7

LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT

A parcel of land in Section 23, Township | 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 APN 141-49-006Q document 2021-004952 recorded in
Maricopa County Records;

thence North 89°45'13" East, for a distance of 29.63 feet to the Point of Beginning;

thence North 89°45'13" East, for a distance of 85.29 feet;

thence South 00°10'24" West, for a distance of 6.67 feet;

thence South 89°59'35" West, for a distance of 85.27 feet;

thence North 00°00'00" East, for a distance of 6.31 feet to the Point of Beginning.

The above described parcel contains 553 square feet or 0.0127 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/24/2021 KH__ | Chk: | Appr: AWG 2/17/2021
Rev:

Maricopa County Real Estate Department

GRANTOR_H\ DATE “1/3/2/
Page | of 1 Page 19 of _20