F. D24142 - TEMPORARRY 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.: 141-49-006E

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24142-1-TCE [WJ]

WJ/SO

This Temporary Construction Easement is entered into by and between Colter 15th, 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 5925 E. University Dr, Mesa,
Arizona 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 One
Thousand Twenty-Two and No/100 Dollars ($1,022.00) 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
$86.00 for each month of the required extension.

Page 1 of 11

Assessor's Parcel No.: 141-49-006E

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24142-1-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 11

Assessor's Parcel No.: 141-49-006E

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24142-1-TCE [WJ]

Dated this @ day of _SePTz4géR , 20.44.

GRANTOR: Colter 15th, LLC, an Arizona limited liability company
By its Member: ‘<> oe 54", LLC, an Arizona limited liability company

wl 7 ys Member

LG TY
STATE or Jos

COUNTY OF

The foregoing instrument was acknowledged before me this is day of dep ‘a

20 ,by ~ires Zarb its Meeker of
(Name of officer or agent) (Title)

Myrtle 54!", LLC an Arizona limited liability company, member of Colter 15", LLC,
(Name of corporation) (State)

an Arizona limited liability company on behalf of the tie
My Commission Expires A120 [23 PH

Notary Public (signature)

Katherine P. Zobel
NOTARY PUBLIC-State of Arizona
MARICOPA COUNTY
My Comm. Expires 05/30/2023
Commission Ne: 562534

Notary Stamp Seal

Page 3 of 11

Assessor's Parcel No.: 141-49-006E

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24142-1-TCE [WJ]

Dated this 4 day of _ S€PTemBeR , 20a.

GRANTOR: Colter 15th, LLC, an Arizona limited liability company
By its Member: na) 54", LLC, an Arizona limited liability company
By:

| A , It’s Member

STATE or et )

The foregoing instrument was acknowledged before me this

COUNTY OF [MA A tA - — _
§ day of hep,

20 7! py Acie Wade its Mtw he of

(Name of officer or agent) (Title)

Myrtle 54!*, LLC_ an Arizona limited liability company, member of Colter 15", LLC,
(Name of corporation) (State)

an Arizona limited liability company on behalf of the co

an
My Commission Expires TyrdJr? UTP WY

Wotary Public (signattre)

Katherine P. Zobel

\ NOTARY PUBLIC-State of Arizona
MARICOPA COUNTY

My Comm. Expires 05/30/2023
Commission No. 562534

Notary Stamp Seal

Page 4 of 11

Assessor's Parcel No.: 141-49-006E

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24142-1-TCE [WJ]

RECOMMENDED FOR APPROVAL:

| } SIGNED JN COUNTERPART
bd ade ferrt—

Senior Réght of ay 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
QeaNED TN BORATERP ART

Deputy County.Attorney ______—— Date

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Page 5 of 11

DocuSign Envelope ID: 5A3D2A60-0C21-4DF7-8A45-37D4DD788B88

Project Name: University Drive ADA Improvements
Project Termini: Higley Road to Power Road
Item No.: D24142 (WJ)

RECOMMENDED FOR APPROVAL:

DocuSigned by:
J [ Kintety Romero
aiff pr BEEAASAEEAAOAAA

Senior Rjeht vA ay Agent Real Property Manager

ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:

SiGhEO JN COUNTERPART

By
Chairman of the Board

ATTEST:

SvGhED JW CovNTERPART
Date

Clerk of the Board of Supervisors

Se

Approved as to form and within the powers
and authority of the Board of Supervisors

DocuSigned by:

Wayne Pell 9/28/2021

p2E08D19D852404

Deputy County Attorney Date |

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Page 4 of 8

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006E
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24142-TCE1

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:

Beginning at the Northwest corner of APN 141-49-006E, document 2018-0910896 recorded in
Maricopa County Records;

thence North 89°45'13" East, for a distance of 124.70 feet;

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

thence South 89°44'53" West, for a distance of 124.74 feet;

thence North 00°10'36" East, for a distance of 5.01 feet to the Point of Beginning.

The above described parcel contains 624 square feet or 0.0143 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 )) JJ

GRANTOR \*—~_pate_7L97]

Page | of 1 Page 6 of Il

Exhibit "B", Attached to Temporary Construction Easement

E University Drive

NO. BEARING LENGTH

L1 N 89°45"13"E | 124.70!

L2 S$ 00°14'47"E 5.00"

L3 S 89°44'53" W | 124.74!

L4 N 00°10'36" E 5.01'

POB \

Not to Scale

EXIST R/W uu \
x \ =
L3
D24142-TCE1
D24142
COLTER 15TH LLC
141-49-006E
D24142-TCE1 Area: 624 square feet or 0.0143 acres
Total Req'd. Area: 624 square feet or 0.0143 acres 4 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 141-49-006E UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
PROJECT No. TT0612 | ITEM No. D24142-TCE1 DATE 05/10/2021 RIW W.J. Tech HP, KH Page 7 of 11

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006E
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24142-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:

Commencing at the Northwest corner of APN 141-49-006E, document 2018-0910896 recorded in
Maricopa County Records;

thence South 00°10'36" West, for a distance of 5.01 feet;
thence North 89°46'09" East, for a distance of 136.15 feet to the Point of Beginning;

thence North 89°40'46" East, for a distance of 38.01 feet;

thence South 00°14'47" East, for a distance of 8.00 feet;

thence South 89°45'13" West, for a distance of 38.01 feet;

thence North 00°14'47" West, for a distance of 7.95 feet to the Point of Beginning.

The above described parcel contains 303 square feet or 0.0070 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 Depart

aL
GRANTOR 2 patEe_2S/2/

Page | of 1 Page 8 of Il

Exhibit "B", Attached to Temporary Construction Easement N
E University Drive
Not to Scale
NO. BEARING LENGTH
L1 S 00°10'36" W. 5.01'
L2 N 89°46'09"E | 136.15'
L3 N 89°40'46" E 38.01"
L4 S 00°14'47"E 8.00'
L5 S 89°45'13" W 38.01'
L6 N_00°14'47" W 7.95"
POC
\ EXIST R/W LL
= \ L2 L3
© st
POB “| 4
wa >
D24142-TCE2
D24142
COLTER 15TH LLC
141-49-006E
D24142-TCE2 Area: 303 square feet or 0.0070 acres
Total Req'd. Area: 303 square feet or 0.0070 acres 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 141-49-006E UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
PROJECT No. TT0612 | ITEM No. D24142-TCE2 DATE 05/10/2021 RIW W.J. Tech HP, KH Page 9 of I1

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-49-006E
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24142-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:

Beginning at the Northeast corner of APN 141-49-006E, document 2018-0910896 recorded in
Maricopa County Records;

thence South 89°45'19" West, for a distance of 5.85 feet to the Point of Beginning;

thence South 00°00'00" West, for a distance of 5.00 feet;

thence South 89°45'13" West, for a distance of 81.81 feet;

thence North 00°14'47" West, for a distance of 5.00 feet;

thence North 89°45'13" East, for a distance of 81.83 feet to the Point of Beginning.

The above described parcel contains 409 square feet or 0.0094 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 Depffimenty, [ {

Grantor (UY ) pare 1d]

Page 1 of 1 Page 10 of ll

Exhibit "B", Attached to Temporary Construction Easement

E University Drive

NO. BEARING

LENGTH

4 S$ 89°45'19" W 5.85!

L2 S 00°00'00" W 5.00"

L3 S 89°45'13" W

81.81'

L4__|_ N00°14'47" W 5.00'

L5 N 89°45'13" E

81.83'

Not to Scale

POB POC
EXIST _ R/W L5 Le Lt
in SS
L3
D24142-TCE3
D24142
COLTER 15TH LLC
141-49-006E
D24142-TCE3 Area: 409 square feet or 0.0094 acres
Total Req'd. Area: 409 square feet or 0.0094 acres 1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

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

PROJECT No, TT0612

ITEM No. D24142-TCE3

DATE 05/10/2021

RW W.J. Tech HP, KH

Page 11 of 11