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HomeMy WebLinkAboutProperty #: P17-029 - 7/17/2017 C17-1077 McDonald's Corporation Campus Office Building 2915 Jorie Boulevard Oak Brook, Illinois 60523-1900 III ® Direct: 630.623.8281 Fax: 630.623 5657 Rebekah.czerwionka@us.mcd.com June 20,2017 VIA FEDERAL EXPRESS—2 DAY DELIVERY Shenique Colby 2001 W. Camelback Road Suite 285 Phoenix,AZ 85015 Re: Glendale,AZ 59th&Olive L/C:002-0534,File#42855 Dear Miss Colby: Enclosed please find one(I) original of the Temporary Construction Easement and one(1) original of the Summary Statement of Offer to Purchase and Improvement Report,executed by McDonald's Corporation.Please have the fully executed copies returned to my attention. If you have any questions,please do not hesitate to contact me. Sincerely, McDonald's Corporation efilaq 4://111/-• • Rebekah Czerwionka Senior Counsel U.S. Legal Department Enclosures SUMMARY STATEMENT OF OFFER TO PURCHASE AND • IMPROVEMENT REPORT This statement accompanies our letter of January 10,2017 and shows the basis on which the offer is made. A.IDENTIFICATION OF THE PROPERTY The land is identified as a parcel of land situated in the West half of the Southwest quarter of Section 29, Township 3 North,Range 2 East,of the Gila and Salt River Base and Meridian, Maricopa County,Arizona. also known as Assessor Parcel No(s). 148-22-571A B.THE ESTATE OR INTEREST NEEDED The estate(s)or interest(s)needed is/are as follows(indicated by an"X"): ❑ Fee interest(new right-of-way) Square Feet ❑ Underlying fee interest(existing rights-of-way) Square Feet ❑ Easement(new right-of-way) Square Feet ❑ Easement Square Feet ❑ Temporary Construction Easement 1,696 Square Feet ❑ Square Feet C.THE OFFER AS JUST COMPENSATION,AND BREAKDOWN The amount offered represents just compensation, and is the result of a review and analysis of an appraisal made by a certified real estate appraiser. If only part of the property is needed, full consideration has been given to the value of the remaining property, Including items requiring compensation on a "cost-to-cure" basis, if any. The analysis of the remaining property takes into account the effect of the acquisition of the land needed,and the establishment and construction of the project. A breakdown of the offer is as follows: Land (including improvements) (rounded) $ Severance Damages to remaining property $ (possible on partial acquisitions only) "Cost-to-Cure"compensation involving a facility or $ component on the remaining property Temporary Construction Easement $ 3,901.00 Total Just Compensation $ 3,901.00 *Explanation of"Cost-to-Cure"item(s): Project: Olive 8 59'h Avenue Intersection Capacity Improvement Project No.: 15T4265 Parcel: 148-22-571A D.THE IMPROVEMENTS THE IMPROVEMENTS ACQUIRED AS A PART OF THE PURCHASE ARE DESCRIBED AS FOLLOWS: N/A It is hereby acknowledged that all buildings and other improvements listed above that are situated entirely within or partially within the Right of Way take limits are conveyed to the City of Glendale with Rights of Entry upon the Grantors remaining land for the purpose of building removal and other improvements as noted. COMMENTS AND/OR EXCLUSIONS: N/A PERSONAL PROPERTY NOT ACQUIRED (INCLUDES ITEMS NOT PERMANENTLY ATTACHED): N/A E.THE DOCUMENTS NEEDED Following is a summary of the documents requiring signature (indicated by"X"): ❑ Purchase Agreement (this document shows the terms of the transaction, and the attached Exhibit"A"• provides the exact legal description) ❑Warranty/Special Warranty/Quitclaim Deed (to be notarized) ❑ Extended Occupancy Agreement 0 Mobile/RV/Vehicle Title ❑ Right of Way Contract(to be notarized) 0 Easement(to be notarized) ®Temporary Construction Easement 0 Arizona Substitute W-9 Form ® Summary Statement of Offer to Purchase and Improvement Report see below) F.SECURITY DEPOSIT INFORMATION AND ACKNOWLEDGMENT The City of Glendale shall withhold $ in escrow, as a security deposit, in accordance with the terms of the Purchase Agreement. G. SUBSURFACE IMPROVEMENT STATEMENT 1. I Darn 0 am not aware of the presence of any subsurface improvements (e.g., septic systems, storm cellars, ground wells) within the area of the City's acquisition.* 2. Well(s) ❑Yes❑No Well Registration No(s):.55- 3. Irrigation Water Rights ❑Yes ❑No IGR Number:58- (NOTE:If you answered yes regarding water rights,please provide a copy of the appropriate certificate) *If aware of such improvements, please provide any information that may assist in locating same. G NT R MCDO D'S CORPORATION,A DELAWARE CORPORATION f-5 -- - .Date..._iia-1t BY: Whe. C', Mz4la-f Its:esgTh tt ASSisrtas: SEI-42-6Weel Project:Olive&59'°Avenue Intersection Capacity Improvement Project No.: 1570-265 Parcel: 148-22-571A When Recorded Mail To: OFFICIAL RECORDS OF City of Glendale MARICOPA COUNTY RECORDER ADRIAN FONTES 6210 W. Myrtle Ave. ELECTRONIC RECORDING Glendale, Arizona 85301 20170902311,12/06/2017 11:06, TCE59AVEOLI V EAV E-4-1-1--,N Exempt under A.R.S. § 11-1134(A)(2) C 17- 1077 TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, McDonald's Corporation, a Delaware corporation, ("Grantors") does hereby grant and convey to the CITY OF GLENDALE, ARIZONA, an Arizona Municipal Corporation ("Grantee"), a Temporary Construction Easement for Roadway/Utility/Drainage/Driveway Slope installation purposes, together with the temporary right of ingress and egress for the purposes of excavating and removing, installation, placement or replacement of soil and/or asphalt and construction plans identified below, including any additional grading work deemed necessary or appropriate by the Grantee over, under and across the real property situated in Maricopa County,Arizona, as described in Exhibit A and Exhibit B attached hereto and made a part hereof, and as shown on Construction Plans entitled "Intersection Capacity Improvements Olive Ave & 59th Ave", prepared by AECOM, and dated June 16, 2016. Grantor's property shall be restored by Grantee to an"as good as" condition as existed prior to construction. The Grantee will minimize any interference with Grantor's business operations on the Premises during the exercise of its easement rights. This easement right, related to Parcel No.: 148-22-571A, shall be extinguished twelve (12) months from the date of commencement of construction by the City of Glendale. Grantors agree that for a period of one year following construction completion and upon five (5) days' prior written notice by Grantee to Grantor, Grantee may enter upon the property described in Exhibit A and Exhibit B for the purposes of performing any required warranty work. Grantor's property shall be restored by Grantee to an"as good as" condition as existed prior to performance of the warranty work. Dated this link day of .SIJU., 1), 2 l . By: ko(u4e Co - YUa{ley CeVia-AletS. (kSSIS-Ka %eattMeri Its: Page 1 of 2 Temporary Contraction Easement December 1,2016 Document#1700864-v1 STATE OF ) tat gots ) ss County of bdelCkk ) The foregoing Temporary Construction Easement was personally acknowledged before me this [ink day of v1.1L , 204 by PHo(Uk-pc. 0. /Wig/1g/ who executed the foregoing instrument for the purposes therei con :ined. OFFICIAL SEAL PATRICIA HENSLER 4� NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:07/28120 N. ry Public My Commission Expires: 7• as • OD Description Of Document This Notarial Certificate Is Being Attached To: TYPE/TITLE Temporary Occupancy Agreement DATE OF DOCUMENT 1— ll — 11 NUMBER OF PAGES 4 ADDITIONAL SIGNORS N/A (other than those named in _ the notarial certificate) Page 2 of 2 Temporary Construction Easement October 7,2013 2 Page 1 ofl LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT (Maricopa County Assessor Parcel No. 148-22-571A) That part of the Southwest quarter of Section 29, Township 3 North, Range 2 East, Gila and Salt River Meridian, Maricopa County,Arizona,being more particularly described as follows: COMMENCING at the Southwest corner of said Section 29 (brass cap in handhole) from which the South quarter corner of said Section 29 (brass cap in handhole) bears South 89°43'11" East, 2636.87 feet; thence South 89°43'11" East, 235.37 feet along the South line of said Section 29; thence departing said South line of Section 29,North 00°16'49" East, 65.00 feet to the North line of the South 65.00 feet of said Section 29 and the POINT OF BEGINNING; thence North 89°43'11" West, 29.94 feet along said North line of the South 65.00 feet of Section 29 to the East line of the West 205.00 feet of said Section 29; thence departing said North line of the South 65.00 feet of Section 29, North 00°39'19" East, 57.00 feet along said East line of the West 205.00 feet of Section 29 to the North line of the South 122.00 feet of said Section 29; thence departing said East line of the West 205.00 feet of Section 29, South 89°43'11" East, 29.57 feet along said North line of the South 122.00 feet of Section 29; thence departing said North line of the South 122.00 feet of Section 29, South 00°16'49" West, 57.00 feet to the POINT OF BEGINNING. Said temporary construction easement contains 1,696 square feet or 0.0389 acres more or less. ftp N75-1 St?gAA P 39229 'o r 0 ILIJA pI KNEZEVIC` EXP: CG/3o/2-MS pAresm"ces1survey'alphal591M1iveUegals'148-22-571a-ice.lgldocx EXHIBIT MAP LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT (Maricope County Assessor Parcel No. 148-22-571A) 4 I DATA TABLE 1 589° 43' 11" E 2636. 87' 2 589° 43' 1 1" E 235. 37' 3 N0O° 16' 49" E 65. 00' 4 N89° 43' 1 1° W 29. 94' 5 NOO° 39' 19" E 57. 00' 6 S89° 43' 11' E 29. 57' 7 500° 16' 49' W 57. 00' a KNEZEVIC r O I TCE - 1,696 sf -4Pec'r. .s EKP: o00/30/2oI S 0 30 29 Q 9 OLIVE AVENUE ? 31 C3 0 32 0 25 50 Scale A ECOM nxe ii;TECHNICAL,o°`"�9' "` 59th Ave & Olive Ave Sheet 1 of 1 Phoenix.1100°nw.aea MCR APN 148-22-571A SURVEY/RIGHT OF WAY fiU2777.ArIz vmw.eaa,m.mm 10/11/2016 9202:25 AM ...\oadd\row\146-22-571a-tae.dgn