H. 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.: 141-59-005B

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24152-1-TCE [WJ]

WJ/SO

This Temporary Construction Easement is entered into by and between Presbytery of Grand
Canyon Corporation, an Arizona corporation, 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 6659 E. University Dr, 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”).

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 Fifty-Five
and No/100 Dollars ($55.00) 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 $ 5.00 for each month of the required
extension.

Page 1 of 6

Assessor's Parcel No.: 141-59-005B

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24152-1-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.: 141-59-005B

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24152-1-TCE [WJ]

Dated this Ss day of Kbogt-n howe , 20. 2)

GRANTOR: Presb of Grand Canyon Corporation, an Arizona corporation

bert Schulz (Signature)
Its: Secretary

(Title)
STATE OF —— )
)§
COUNTY OF ‘ )

The foregoing instrument was acknowledged before me this lat day of “4

20, by Robert Schulz its Secretary of

(Name of officer or agent) (Title)
Presbytery of Grand Canyon Corporation an Arizona corporation, on behalf
(Name of corporation) (State)

of the corporation.

My Commission Expires GFa4f_ Zz 2. —_ Sa —-
fe Notary Public Cape oy \

lic State of Arizona

Notary Pub
Maricopa C! County

A) Barry Allen Spal alto 99/0412022
son EES a

Notary Stamp Seal
Page 3 of 6

Assessor's Parcel No.: 141-59-005B

Project No.: TT0612

Project Name: University Drive ADA Improvements
Item: D24152-1-TCE [WJ]

RECOMMENDED FOR APPROVAL:

re aa

Senior 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
and authority of the Board of Supervisors

Deputy County Attorney Date

/I!
II!
Ii!
Ii!
II
II
Ii

Page 4 of 6

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-59-005B
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24152-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 Northeast corner of APN 141-59-005B, document 1987-0657025 recorded in
Maricopa County Records;

thence South 00°00'09" West, for a distance of 10.00 feet to the Point of Beginning;
thence South 00°00'09" West, for a distance of 7.06 feet;

thence North 45°05'11" West, for a distance of 24.07 feet;

thence North 89°47'10" East, for a distance of 7.06 feet;

thence South 45°05'11" East, for a distance of 14.11 feet to the Point of Beginning.

The above described parcel contains 95 square feet or 0.0022 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_£“65— DATE. ZLB [262/

Page | of | Page 5 of _ 6

Exhibit "B", Attached to Temporary Construction Easement N

Not to Scale
E University Drive
No. BEARING LENGTH
L4 S$ 00°00'09" W 10.00'
L2 S 00°00'09" W 7.06'
L3 N 45°05'11" W 24.07'
L4 N 89°47'410" E 7.06"
L5 S$ 45°05'11" E 14.11'
POC

EXIST R/W L4 _.

D24152
PRESBYTERY OF GRAND CANYON CORP
141-59-005B

EXIST R/W

D24152-TCE Area: 95 square feet or 0.0022 acres
Total Req'd. Area: 95 square feet or 0.0022 acres 1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-59-005B UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 ITEM No, D24152-TCE DATE 01/12/2021 RW W.J. Tech HP Page 6 of 6