Ordinance #: 2961 - Date Adopted: 9/22/2015 2009082710223 re
City Clerk's Office361419 gibGLENDfE
Ordinance Indexing Form
Filing Information
Functional Filing Number Ordinance#
901-2-22 2961
503-16
TIF
Dates,
Date 09/22/2015 Purge Date
Subject & Description,
Subject DEEDS AND EASEMENTS
Description ACCEPTANCE OF WATER LINE EASEMENT AT MIDWESTERN UNIVERSITY
Names& Location
Name [1] MIDWESTERN UNIVERSTITY
Name [2] 15-599; ITEM 31
Name [3]
Location 19360 NORTH 57TH AVENUE
Indexing Information
Index By Scanned By Microfilmed By
BW 10/08/2015
Microfilm Checked by: date:
V-Car Entered by: date:
Rev 2009-08-27A
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
ELECTRONIC RECORDING
20150720880,10/06/2015 04:35,
Recorded by: 02961-14-1-1--,N
City Clerk
City of Glendale
5850 West Glendale Avenue
Glendale, AZ 85301-2599
ORDINANCE NO. 2961 NEW SERIES
JERRY P. WEIERS
MAYOR
ATTEST:
PAMELA HANNA STATE OF ARIZONA )
City Clerk County of Maricopa ) ss
City of Glendale )
(SEAL)
APPROVED AS:TO FORM: I, the undersigned, Pamela Hanna, being the
duly qualified City Clerk of the City of
Glendale, Maricopa County, Arizona, certify
Michael D. Bailey that the foregoing Ordinance No. 2961 New
City Attorney Series is a true, correct and accurate copy of
Ordinance No. 2961 New Series, passed and
adopted at a regular meeting of the Council
of the City of Glendale, held on the 22nd day
of September, 2015, at which a quorum was
present and voted in favor of said Ordinance.
REVIEWED BY:
Given under my hand and seal this 6d'day of
October, 2015.
Richard A. Bowers
City Manager
CITY CLERK
ORDINANCE NO. 2961 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING
WATER LINES LOCATED AT MIDWESTERN UNIVERSITY,
SOUTH OF UTOPIA ROAD AND WEST OF 57TH AVENUE;
AND DIRECTING THE CITY MANAGER TO EXECUTE AND
CITY CLERK TO RECORD THE CONVEYANCE OF
EASEMENT AND A CERTIFIED COPY OF THIS
ORDINANCE.
WHEREAS, Midwestern University, an Illinois non-profit corporation ("Grantor"), an
expansion of its campus in the general vicinity south of Utopia Road and west of 57th Avenue;
and
WHEREAS, Grantor now wishes to convey an easement to the City to allow the City
access to certain public water lines built during that expansion so that the City can monitor,
maintain, operate, and repair said water lines consistent with the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
GLENDALE as follows:
SECTION 1. The City hereby accepts the easement in real property described in the
Conveyance of Easement and its attachments, which is attached hereto as Exhibit 1. The legal
description of the easement being accepted by the City pursuant to this Ordinance is attached to
the Conveyance of Easement as Exhibit A to and specifically incorporated by reference to the
Conveyance of Easement.
SECTION 2. The City Council hereby authorizes and directs the City Manager to
execute the Conveyance of Easement between Grantor and the City as Grantee on the City's
behalf. The acceptance of the Conveyance of Easement shall be effective on the date it is
executed by the City Manager.
SECTION 3. The City Clerk is accordingly instructed and authorized to forward a
certified copy of the Conveyance of Easement and this ordinance for recording to the Maricopa
County Recorder's Office.
[Signatures on following page.]
PASSED, ADOPTED AND APPROVE I`. the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 22nd day o`pteb r, 2015.
MAYOR
T:
J AIP
City Clerk (SEAL)
APPROVED AS TO FORM:
:tto ney
' VIEWED CY:
Atilt"
ing a .ger
II
EXHIBIT I
When Recorded, Return To:
City Clerk, City of Glendale
5850 W. Glendale Avenue
Glendale, Arizona 85301
CONVEYANCE OF EASEMENT
For Ten Dollars and other valuable consideration, We, MIDWESTERN UNIVERSITY, an Illinois non-profit
corporation, hereby grants to the City of Glendale, an Arizona municipal corporation, an easement to install,
repair, operate, maintain and remove waterline ("facilities") upon, over and under the surface of the following
described property:
See Attached Description,Exhibit "A"
Together with the right of ingress and egress to, from, across and along the Grantor's Property, and with the right
to use lands adjacent to said easement during temporary periods of construction; the right to operate, repair,
replace, maintain, and remove facilities and appurtenances from said premises; to add to or alter said facilities
at any reasonable time; and to trim or remove any trees or shrubs that in the judgment of the City may interfere
with the construction, operation or maintenance of said facilities.
By accepting this easement, the City of Glendale agrees to exercise reasonable care to avoid any damage to
said real property above described.
Dated this day of , 2015.
MIDWESTERN UNIVERSITY,
An Illinois non-profit Corporation
Exempt Pursuant to A.R.S.
§11-1134(A)(2), 11-1134 (A)(3)
Arthur Dobbelaere
Chief Operating Officer
STATE OF ARIZONA
ss.
County of Maricopa
The foregoing instrument was acknowledged before me this day of , 2015,by
Arthur Dobbelaere, Chief Operating Officer of Midwestern University, an Illinois non-profit corporation,
who acknowledged that he executed this instrument for the purposes therein contained.
Notary Public
My commission expires:
19360 N. 57th Avenue
EXHBIT A
DESCRIPTION OF A
WATER LINE EASEMENT
•
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 4
NORTH,RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN,MARICOPA COUNTY,ARIZONA,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A DESCRIPTION OF A 20.00 FOOT WIDE WATERLINE EASEMENT BEING 10.00
FEET EACH SIDE OF THE CENTERLINE TO BE PROLONGED OR SHORTENED
TO TERMINATE IN THE BOUNDARY OF THE LAND OF THE GRANTOR,SAID
CENTERLINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE BRASS CAP FLUSH AT THE INTERSECTION OF 59Thi
AVENUE AND UTOPIA ROAD,FROM WHICH THE WEST QUARTER CORNER
OF SAID SECTION 29 BEARS NORTH 01°23'26"WEST A DISTANCE OF 90.04
FEET;
THENCE NORTH 88°36'24"EAST,ALONG THE CENTERLINE OF SAID UTOPIA
ROAD,A DISTANCE OF 272.16 FEET TO A POINT OF CURVATURE;
THENCE EASTERLY ALONG SAID CENTERLINE AND A CURVE CONCAVE TO
THE NORTH,HAVING A RADIUS OF 1000.00 FEET,AN ARC LENGTH OF 155.36
FEET,AND A CENTRAL ANGLE OF 08°54'07"TO A POINT OF TANGENCY;
THENCE NORTH 79°42'18"EAST,ALONG SAID CENTERLINE,A DISTANCE OF
32.69 FEET;
THENCE SOUTH 10°17'42"EAST A DISTANCE OF 48.00 FEET TOA POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID UTOPIA ROAD AS
RECORDED IN DOCUMENT 2010-0959166,RECORDS OF MARICOPA COUNTY,
ARIZONA, SAID POINT ALSO BEING A POINT ON THE CENTERLINE OF THAT
CERTAIN 20'WATERLINE EASEMENT AS RECORDED IN DOCUMENT 2005-
0966736,RECORDS OF MARICOPA COUNTY,ARIZONA;
THENCE ALONG THE CENTERLINE OF SAID EASEMENT THE FOLLOWING
THREE COURSES:
THENCE SOUTH 10°17'42"EAST A DISTANCE OF 83.07 FEFT;
THENCE SOUTH 01°23'26"EAST A DISTANCE OF 68.91 FEET;
THENCE NORTH 88°36'34"EAST A DISTANCE OF 20.00 FEET TO A POINT ON
THE EASTERLY LINE OF SAID EASEMENT, SAID POINT ALSO BEING A POINT
ON THE CENTERLINE OF THAT CERTAIN 20' WATERLINE EASEMENT AS
RECORDED IN DOCUMENT 2009-0837908,RECORDS OF MARICOPA COUNTY,
ARIZONA;
THENCE ALONG THE CENTERLINE OF SAID EASEMENT NORTH 88°36'34"
EAST A DISTANCE OF 214.94 FEET TO A POINT ON THE EASTERLY LINE OF
SAID EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE SOUTH 46°23'32"EAST A DISTANCE OF 29.99 FEET;
THENCE NORTH 81°28'15"EAST A DISTANCE OF 168.97 FEET;
THENCE NORTH 88°36'28"EAST A DISTANCE OF 59.82 FEET TO A POINT
HEREINAFTER KNOWN AS POINT"A";
THENCE NORTH 01°23'32"WEST A DISTANCE OF 16.00 FEET TO A POINT OF
TERMINATION;
THENCE RETURNING TO SAID POINT"A";
THENCE NORTH 88°36'28"EAST A DISTANCE OF 294.00 FEET TO A POINT
HEREINAFTER KNOWN AS POINT"B";
THENCE CONTINUING NORTH 88°36'28"EAST A DISTANCE OF 12830 FEET
TO A POINT HEREINAF TER KNOWN AS POINT"C";
THENCE NORTH 01°23'32"WEST A DISTANCE OF 79.03 FFPT TO A POINT
HEREINAFTER KNOWN AS POINT"D";
THENCE NORTH 88°36'28"EAST A DISTANCE OF 96.14 FEET TO A POINT
HEREINAFTER KNOWN AS POINT"E";
THENCE RETURNING TO SAID POINT"D";
THENCE NORTH 01°23'32"WEST A DISTANCE OF 94.11 FEET;
THENCE NORTH 06°57'36"EAST A DISTANCE OF 34.51 FEET TO A POINT OF
TERMINATION HEREOF,SAID POINT ALSO BEING ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID UTOPIA ROAD;
THENCE RETURNING TO SAID POINT"C";
THENCE SOUTH 01°23'32"EAST A DISTANCE OF 166.98 FEET TO A POINT
HEREINAFTER KNOWN AS POINT"F';
THENCE CONTINUING SOUTH 01°23'32"EAST A DISTANCE OF 37.00 FEET TO
A POINT HEREINAFTER KNOWN AS POINT"G";
THENCE NORTH 88°36'28"EAST A DISTANCE OF 79.00 FEET TO A POINT
HEREINAFTER KNOWN AS POINT"H";
THENCE NORTH 01°23'32"WEST A DISTANCE OF 15.50 FEET TO A POINT OF
TERMINATION;
THENCE RETURNING TO SAID POINT"H";
THENCE NORTH 88°36'28"EAST A DISTANCE OF 159.87 FEET TO A POINT
HEREINAFTER KNOWN AS POINT"I";
THENCE SOUTH 01°23'32"EAST A DISTANCE OF 19.69 FEET TO A POINT OF
TERMINATION;
THENCE RETURNING TO SAID POINT"F';
THENCE NORTH 88°36'28"EAST A DISTANCE OF 55.32 FEET TO A POINT
HEREINAFTER KNOWN AS POINT"J";
THENCE CONTINUING NORTH 88°36'28"EAST A DISTANCE OF 85.21 FEET TO
A POINT OF TERMINATION HEREOF, SAID POINT ALSO BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF 571 AVENUE;
THENCE RETURNING TO SAID POINT"G";
THENCE SOUTH 01°23'32"EAST A DISTANCE OF 81.23 FEET;
THENCE SOUTH 88°36'28"WEST A DISTANCE OF 5.00 FEET TO A POINT
HEREINAFTER KNOWN AS POINT"K";
THENCE CONTINUING SOUTH 88°36'28"WEST A DISTANCE OF 656.82 FEET;
THENCE NORTH 77°22'01"WEST A DISTANCE OF 16.03 FEET TO A POINT OF
TERMINATION HEREOF,SAID POINT ALSO BEING ON THE CENTERLINE OF
THAT CERTAIN 20' WATERLINE EASEMENT AS RECORDED IN DOCUMENT
2009-0837908,RECORDS OF MARICOPA COUNTY,ARIZONA;
THENCE RETURNING TO SAID POINT"K";
THENCE SOUTH 01°23'32"EAST A DISTANCE OF 254.6D FEET TO A POINT
HEREINAFTER KNOWN AS POINT"L";
THENCE CONTINUING SOUTH 01°23'32"EAST A DISTANCE OF 116.24 FEET;
THENCE NORTH 88°36'28"EAST A DISTANCE OF 16.10 FEET TO A POINT
HEREINAFTER KNOWN AS POINT"M";
THENCE CONTINUING NORTH 88°36'28"EAST A DISTANCE OF 378.28 FEET
TO A POINT OF TERMINATION HEREOF,SAID POINT ALSO BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF 57m AVENUE;
TOGETHER WITH:
A DESCRIPTION OF A 12.00 FOOT WIDE WATERLINE EASEMENT BEING 6.00
FEET EACH SIDE OF THE CENTERLINE OF THE FOLLOWING SIX COURSES
DESCRIBED AS FOLLOWS:
THENCE RETURNING TO SAID POINT"B";
THENCE NORTH O1°23'32"WEST A DISTANCE OF 16.90 FEET TO A POINT OF
TERMINATION;
THENCE RETURNING TO SAID POINT"E";
THENCE NORTH 01°23'32"WEST A DISTANCE OF 13.00 FEET TO A POINT OF
TERMINATION;
THENCE RETURNING TO SAID POINT"F";
THENCE NORTH 88°36'28"EAST A DISTANCE OF 18.00 FEET TO A POINT OF
TERMINATION;
THENCE RETURNING TO SAID POINT"J";
THENCE NORTH 01°23'32"WEST A DISTANCE OF 18.00 FEET TO A POINT OF
TERMINATION;
THENCE RETURNING TO SAID POINT"L";
THENCE SOUTH 88°36'28"WEST A DISTANCE OF 18.00 FEET TO A POINT OF
TERMINATION;
THENCE RETURNING TO SAID POINT`CM";
THENCE SOUTH 01°23'32"EAST A DISTANCE OF 31.89 FEET TO A POINT OF
TERMINATION.
PREPARED BY:
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UTOPIA ROAD 32.69' ,.. 46.0°
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CENTERLINE OF
WATERLINE ESMT. PER i SEE SHT. 2
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DRW ENGINEERING, INC.FOR A
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LINE TABLE
NUMBER DIRECTION DISTANCE
Ll S 4673'32" E 29.99'
L2 N 81781511 E 168.97'
L3 N 8816128" E 59.82'
L4 N 01'23'32" W 16.00'
L5 N 8816'28" E 294.00'
L6 N 01'23'32" W 16.90'
L7 N 881628" E 128.5Ô'
L8 N 0173'32" W 79.03'
L9 N 8816'28" E 96.14'
L10 N 0173'323' W 13.00'
L11 N 0173'32" W 94.11'
L12 N 06'57'36" E 34.51'
L13 S 0173'32" E 166.98'
L14 N 8816'28" E- 18.00'
L15 S 01'23'32" E 37.00'
L16 N :16'28" E 79.00'
L17 N 0123'32u W 15.50'
L18 N 8836'28" E 159.87'
L19 S 01'23'32" E 19.69'
L20 N 88'36'28" E 55.32'
L21 N 0173'32" W 18.00'
L22 N 8816'28" E 85.21'
L23 S 01'23'32 E 81.23'
L24 S 88'36128" W 5.00'
L25 S 8816128" W 656.82'
L26 N 7722'01" W. 16.03'
L27 S 017332" E 254.60'
L28 S "16'28" W 18.00'
L29 S 01'23'32" E 116.24'
L30 N 88.36128" E 16.10'
L31 S 017332" E 31.89'
L32 N 88'36'28" E 378.28'
SHEET 3 OF 3
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