HomeMy WebLinkAboutProperty #: P17-034 - 9/12/2017 When Recorded Return to:
City of Glendale
5850 W Glendale Ave
Glendale,AZ 85301
REAL PROPERTY
PURCHASE AGREEMENT
P17-034
DATE: ,2017
PARTIES: ' C17-0809
5050 Northern, LLC an Arizona Limited Liability Company
10382 E Hillery Drive
Scottsdale,Arizona 85255
("Seller")
City of Glendale,a municipal corporation
5850 W Glendale Avenue
Glendale,Arizona 85301
Attention: City Attorney
("Glendale")
RECITALS:
A. Seller owns certain real property consisting of approximately 0.52 acres generally
located at 5050 W Northern Avenue in Glendale,Maricopa County,Arizona,also known as
Assessor Parcel No. 148-12-003B (the"Property").
B. Glendale desires to purchase the right of way portion of the Property necessary for the
already completed 51St and Northern Avenue widening project. Said portion consists of
approximately 800 square feet and is more particularly described on Exhibit A attached hereto
and made a part hereof by this reference(the"New Right of Way" or"ROW").
C. Seller desires to sell the ROW to the Glendale on the terms and conditions set forth in
this Real Property Purchase Agreement("Agreement").
AGREEMENT:
In consideration of the mutual promises and covenants set forth in this Agreement,the Seller
agrees to sell the ROW to Glendale and Glendale agrees to purchase the ROW from Seller on
the terms and conditions set forth below:
1. INCORPORATION OF RECITALS.The Recitals to this Agreement are incorporated
into and shall constitute a part of this Agreement.
2. PURCHASE TERMS &CONDITIONS.
The purchase price for the ROW shall be Twenty-Three Thousand,Nine Hundred Dollars
($23,900.00). The purchase price shall be paid to Seller on the Closing Date, simultaneously
with the delivery of the Warranty deed. As mutual consideration,upon the close of escrow,
Seller shall convey all of its right,title and interest in and to the ROW to Glendale.
3. DEPOSIT.
At the opening of escrow, Seller and Glendale will deposit with the Escrow Officer the
amounts estimated to cover the closing costs and title report as provided for in Section 9
below.
4. PRELIMINARY TITLE REPORT.
Promptly following the opening of Escrow, the Escrow Agent shall deliver current
commitments for title insurance (the "Reports") issued by the Escrow Agent on the Property
to Glendale. The Reports shall show the status of title to the Property as of the date of the
Reports and shall be accompanied by legible copies of all documents referred to in the
Reports. The parties shall have fourteen(14) days following receipt of the Reports to approve
or disapprove matters related to title as shown by the Reports.
5. WARRANTY DEED.
At the close of escrow, Seller shall convey title to the ROW to Glendale by warranty deed, in
form and substance satisfactory to Glendale, such deed subject to no defects, exceptions,
easements, encumbrances, covenants, conditions,restrictions, mining claims or liens, except:
(a) The matters set forth in the Report(other than the standard printed exceptions)
which have been accepted in writing by Glendale; and
(b) Any additional matters accepted in writing by Glendale.
6. ESCROW.
An escrow for this transaction has been established with the Escrow Agent, and the Escrow
Agent is hereby employed to handle the escrow. This Agreement constitutes escrow
instructions to the Escrow Agent and a copy shall be deposited with the Escrow Agent for this
purpose. Should the Escrow Agent require the execution of its standard form printed escrow
instructions, Glendale and Seller agree to execute same; however, such instructions shall be
construed as applying only to the Escrow Agent's employment, and if there are conflicts
between the terms of this Agreement and the terms of the printed escrow instructions, the
terms of this Agreement shall control.
7. OPENING AND CLOSING DATES.
Escrow will be opened, subject to terms of this Agreement. The closing of this transaction
and escrow (referred to in this Agreement as the "closing" or the"close of escrow") shall
occur on , 2017, or such earlier or later date as may be agreed to by the
parties.
8. ESCROW CANCELLATION CHARGES.
If the escrow fails to close because of a party's default, the defaulting party shall be liable for
all customary escrow cancellation charges. If the escrow fails to close for any other reason,
the Seller and Glendale shall each be liable for one-half of all customary escrow cancellation
charges.
9. CLOSING COSTS.
(a) Upon the close of escrow, Seller agrees to pay one-half of the escrow charges,
and one-half the cost of a standard coverage owner's policy of title insurance
insuring title to the ROW, and the cost of any endorsements issued in
connection with such policy.
(b) Upon the close of escrow, Glendale agrees to pay one-half of the escrow
charges, and one-half the cost of a standard coverage owner's policy of title
insurance insuring title to the ROW, and the cost of any endorsements issued
in connection with such policy..
(c) Real estate taxes, either existing or proposed, shall be prorated in the escrow as
of the close of escrow,based upon the latest available information.
Improvement liens and other special assessments affecting the Property shall
be paid in full by Seller on or before the close of escrow. Any other closing
costs shall be paid by Glendale and Seller according to the usual and
customary practice in Maricopa County, Arizona of the Escrow Agent.
(d) The parties agree that all closing and title insurance costs payable by them
shall be deducted from their respective deposits made pursuant to Section 3 at
the close of escrow. To the extent such deposits are not sufficient to cover the
total closing and title insurance costs due, the parties shall, on or before the
close of escrow, deposit with Escrow Agent an additional amount sufficient to
pay all closing and title insurance costs. To the extent the deposits made
pursuant to Section 3 exceeds the closing and title insurance costs, Escrow
Agent shall return the unused portions to the respective parties within fourteen
(14) days following the close of escrow.
(e) The obligations of this Section survive the close of escrow.
10. POSSESSION.
Possession of the ROW shall be delivered to Glendale upon the close of escrow. From time
to time prior to the close of escrow, Glendale may enter upon the ROW with Seller's
representatives and agents for the purpose of examining the ROW for the purpose of
conducting soil tests and engineering feasibility studies, and planning the proposed
development of the ROW. Glendale and its agents shall reasonably cooperate with Seller in
such activities but shall not be required to incur any costs in so cooperating. Glendale agrees
to repair any damage caused to the ROW by such inspections and further agrees to indemnify,
hold harmless and defend Seller against any claims, costs, expenses, losses, attorneys' fees
and liabilities (including but not limited to claims of mechanics' liens) asserted against Seller
as a result of the conduct of acts or omissions of Glendale or its employees or agents on the
ROW.
11. RISK OF LOSS.
Except as otherwise provided,the risk of loss or damage to the ROW and all liability to third
persons shall be borne by Seller until the ROW has been delivered to Glendale.
12. SELLER'S REPRESENTATIONS AND WARRANTIES.
Seller makes the following representations and warranties which shall apply to the Property,
which are agreed to constitute a material part of the consideration hereunder,which are true
and accurate as of the date of this Agreement, will be true and accurate as of the close of
escrow, and which shall survive the close of escrow:
(a) Action. All actions on the part of Seller which are required for the execution,
delivery and performance by Seller of this Agreement and each of the
documents and agreements to be delivered by Seller at the closing have been
duly and effectively taken;
(b) Enforceable Nature of Agreement. This Agreement and each of the documents
and agreements to be delivered by Seller at the closing constitutes a legal,valid
and binding obligation of Seller, enforceable against Seller in accordance with
its terms;
(c) Violations; Consents; Defaults. Neither the execution of this Agreement nor
the performance hereof by Seller will result in any breach or violation of the
terms of any law,rule, ordinance, or regulation or of any decree,judgment or
order to which Seller is a party now in effect from any court or governmental
body. There are no consents, waivers, authorizations or approvals from any
third party necessary to be obtained by Seller in order to carry out the
transactions contemplated by this Agreement. The execution and delivery of
this Agreement and performance hereof by Seller will not conflict with, or
result in a breach of, any of the terms, conditions or provisions of, or constitute
a default under or result in the creation of any new, or the acceleration of any
existing, lien, charge, or encumbrance upon the Property, or any indenture,
mortgage, lease, agreement or other instrument to which Seller is a party or by
which Seller or any of its assets may be bound;
•
(d) Litigation. Seller is not a party to any pending or threatened action, suit,
proceeding or investigation, at law or in equity or otherwise, in, for or by any
court or governmental board, commission, agency, department or officer,
arising from or relating to the Property or to the past or present operations and
activities of Seller upon or relating to the Property;
•
(e) Governmental Restrictions. Seller has not received,nor is aware of, any
notifications, restrictions, or stipulations from the United States of America,
the State of Arizona, Maricopa County, or any other governmental authority
requiring any work to be done on the Property or threatening the use of the
Property. There are no pending or threatened condemnation proceedings
affecting any portion of the Property;
(f) Title. Fee simple title to the Property is currently vested in Seller;
(g) Leases and Agreements. There are no unrecorded leases, arrangements,
agreements, understandings, options, contracts, or rights of first refusal, or
liens on crops affecting or relating to the Property in any way;
(h) Compliance. To the best of the Seller's knowledge, Seller has complied, in all
respects, with all laws, ordinances, rules, regulations,requirements and orders
of federal, state, or local governments and/or their agencies with respect to the
Property;
(i) Environmental Matters. Seller has not been advised that either Seller or the
Property is in material violation of applicable environmental law,regulation,
ordinance or order of any government entity, including, without limitation,the
Comprehensive Environmental Response, Compensation and Liability Act, as
amended, the Resource Conservation and Recovery Act, as amended, the
Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended,
the Federal Toxic Substances Control Act, as amended, and any regulations
promulgated thereunder, or any other federal, state, or local laws relating to
contamination of or adverse effects on the environment. In addition, Seller has
not been advised that the Property or any underlying groundwater contains any
material concentrations of regulated substances,hazardous substances,
hazardous materials,toxic substances, or similar substances,residues, and
waste;
0) Taxes. Seller does not have any liability for any taxes, or any interest or
penalty in respect thereof, of any nature that may be assessed against Glendale
or that are or may become a lien against the Property;
(k) Mechanics' Lien. No work has been performed on or about the Property or to
any improvements located thereon within six months prior to the opening of
escrow that give rise to any mechanics' or materialmen's liens whatsoever.
(1) Existing Improvements. Seller does not warrant the condition of any existing
improvements on the ROW. Glendale accepts these improvements in an"as
is"condition.
13. GLENDALE'S REPRESENTATIONS AND WARRANTIES.
Glendale makes the following representations and warranties which are agreed to constitute a
material part of the consideration hereunder, which are true and accurate as of the date of this
Agreement, and will be true and accurate as of the close of escrow, and which shall survive
the close of escrow:
(a) Action. All actions on the part of Glendale which are required for the
execution, delivery and performance by Glendale of this Agreement and each
of the documents and agreements to be delivered by Glendale at the closing
have been duly and effectively taken;
(b) Enforceable Nature of Agreement. This Agreement and each of the documents
and agreements to be delivered by Glendale at the closing constitutes a legal,
valid and binding obligation of Glendale, enforceable against Glendale in
accordance with its terms;
(c) Violations; Consents; Defaults. Neither the execution of this Agreement nor
the performance hereof by Glendale will result in any breach or violation of the
terms of any law,rule, ordinance, or regulation or of any decree,judgment or
order to which Glendale is a party now in effect from any court or
governmental body. There are no consents, waivers, authorizations or
approvals from any third party necessary to be obtained by Glendale in order to
carry out the transactions contemplated by this Agreement. The execution and
delivery of this Agreement and performance hereof by Glendale will not
conflict with, or result in a breach of, any of the terms, conditions or provisions
of, or constitute a default under or result in the creation of any new, or the
acceleration of any existing, lien, charge, or encumbrance upon the Glendale
Property, or any indenture,mortgage, lease, agreement or other instrument to
which Glendale is a party or by which Glendale or any of its assets may be
bound;
14. INDEMNITY.
Each party to this Agreement agrees to indemnify each other party and hold it harmless for,
from, and against all claims, damages, costs, and expenses (including attorneys' fees)
attributable, directly or indirectly,to the breach by such indemnifying party of any obligation
hereunder, or the inaccuracy of any representation or warranty made by such indemnifying
party herein, or in any instrument delivered pursuant thereto, or in connection with the
transaction contemplated hereby. In addition, Seller hereby covenants and agrees to indemnify
and hold Glendale harmless for, from, and against any and all claims, damages, costs, and
expenses (including attorney's fees)relating in any way to the ROW and accruing prior to the
close of escrow, even though now unknown and unsuspected. These obligations survive close
of escrow.
15. BINDING EFFECT.
The provisions of this Agreement are binding upon, and shall inure to the benefit of, the
parties and their respective heirs,personal representatives, executors, administrators,
successors and assigns.
16. DISPUTE RESOLUTION.
Each party hereby irrevocably waives all rights to trial by jury in any action or proceeding
arising our of this Agreement or related to the use of the Property. If any action is brought by
either party in respect to its rights under this Agreement,the prevailing party shall be entitled
to reasonable attorneys' fees and court costs as determined by the court.
17. WAIVERS.
No waiver of any of the provisions of this Agreement shall constitute a waiver of any other
provision, whether or not similar,nor shall any waiver be a continuing waiver. Except as
expressly provided in this Agreement,no waiver shall be binding unless executed in writing
by the party making the waiver. Either party may waive any provision of this Agreement
intended for its benefit;provided,however, such waiver shall in no way excuse the other party
from the performance of any of its other obligations under this Agreement.
18. CONSTRUCTION.
This Agreement shall be subject to, and construed according to,the laws of the State of
Arizona without the application of any principles of conflicts of law that would require or
permit the application of the laws of any other jurisdiction.
19. TIME.
Time is of the essence of this Agreement.
20. NOTICES.
Notices shall be in writing and shall be given by personal delivery,by deposit in the United
States mail, certified mail, return receipt requested,postage prepaid, or by express delivery
service, freight prepaid, in each case by delivery to Midwestern and Glendale at the addresses
set forth on the first page of this Agreement or at such other address as a party may designate
in writing. The date notice is given shall be the date on which the notice is delivered, if notice
is given by personal delivery, or five (5) calendar days after the date of deposit in the mail or
with an express delivery service, if the notice is sent through the United States mail. A copy
of any notice given to a party shall also be given to the Escrow Agent by regular mail.
21. FURTHER DOCUMENTATION.
Each party agrees in good faith to execute such further or additional documents as may be
necessary or appropriate to fully carry out the intent and purpose of this Agreement.
22. CONFLICTS.
This Agreement is subject to cancellation by Glendale, without penalty or further obligation,
pursuant to A.R.S. § 38-511, if any person significantly involved in initiating,negotiating,
securing, drafting on creating this Agreement on behalf of Glendale is, at any time during the
Agreement, an employee or agent of any other party to the Agreement in any capacity or a
consultant to any other party
23. AMENDMENTS.
Any amendments or modifications to this Agreement must be in writing, executed by both
parties, and are subject to City Council approval. This Agreement constitutes the entire
agreement of the parties and supersedes any negotiations, discussions,undertakings,
correspondence or informal agreements of the parties.
24. INTERPRETATION.
Both parties have been represented by counsel in negotiating and approving this Agreement.
This Agreement shall be interpreted, applied and enforced according to the fair meaning of its
terms and shall not be construed in favor of, or against, either party,regardless of which party
may have drafted or proposed any of its provisions or terms.
IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed below:
SELLER: GLENDALE:
CITY OF GLENDALE, ARIZONA
I//. a municipal corporation
By: Step -n Fiore
Its: M. ,ager By
City Manager
ATTESA
By
City
APPROVED AS TO FORM:
B i
C1 • s -y
Escrow Agent hereby accepts employment
to handle the escrow establishment
by this Agreement in accordance with
the terms set forth in this Agreement.
By:
Its:
[Escrow Agent]
EXHIBIT A
LEGAL DESCRIPTION OF RIGHT OF WAY ACQUISITION
•
EXHIBIT "A"
DESCRIPTION
FOR
NEW RIGHT OF WAY
PORTION OF APN 148-12-003B
A PARCEL OF LAND SITUATED IN A PORTION THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 3 NORTH, RANGE 2 EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY,ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33 FROM WHICH THE
SOUTH QUARTER CORNER BEARS SOUTH 89 DEGREES 35 MINUTES 00 SECONDS EAST,
2633.20 FEET;
THENCE SOUTH 89 DEGREES 35 MINUTES 00 SECONDS EAST,ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER OF SECTION 33,55.00 FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 00 MINUTES 00 SECONDS
EAST, 55.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE
EAST RIGHT OF WAY OF 515T AVENUE, 15.00 FEET;
THENCE DEPARTING SAID RIGHT OF WAY, SOUTH 44 DEGREES 47 MINUTES 31 SECONDS
EAST, 14.19 FEET;
THENCE SOUTH 89 DEGREES 35 MINUTES 00 SECONDS EAST, 140.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 5.00 FEET TO THE NORTH
RIGHT OF WAY LINE OF NORTHERN AVENUE;
THENCE NORTH 89 DEGREES 35 MINUTES 00 SECONDS WEST,150.00 FEET TO THE POINT
OF BEGINNING AND CONTAINING A COMPUTED AREA OF 800 SQUARE FEET OR 0.018
ACRES OF LAND, MORE OR LESS.
THE ATTACHED EXHIBIT'A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
. l
("+°
c.11019
.S 31019
TEVE
DURYEA,JR
1 -igned•• P.
NEW ROW February ag 1 of 217 '�p res 03130 y PROJECT NO. I 1436 01
.1EXtlllilT "A"
LINE DATA TABLE
55' LINE BEARING DISTANCE
ROW L1 NOO°00'00"E 15.00'
L2 S44°47'31"E 14.19'
L3 S89°35'00"E 140.00'
w
Li 0 L4 S0O°00'00"E 5.00'
Q o L5 N89°35'00"W 150.00'
I— 0
cn z
5050 NORTHERN, LLC
LC) APN 148-12-003B
INSTR NO 2004-0206154
,k L3
n-
I w
L5 1
00 POINT OF
g. 0 0 BEGINNING i
o i Ln ,n o
0 L w
o 0
ii z
55.00' — _�
s
0
S89'35'00'E 2633.20'
le
NORTHERN ' AVENUE
SOUTHWEST CORNER OF SECTION 33 N
TOWNSHIP 3 NORTH, RANGE 2 EAST
1 GILA AND SALT RIVER MERIDIAN {e}
s POINT OF COMMENCEMENT SOUTH 1 /4 CORNER
SECTION 33
I PARCEL AREA: T 3 N, R 2 E NTS
800 SF OR THIS IS NOT A PROPERTY
0.018 ACRES
o BOUNDARY SURVEY.
i / i/
% f. EXHIBIT "A"
.c, ® i
4/‘-'—'7"-- '0. NEW RIGHT OF WAY
s . Dibble31019 A PORTION OF THE SW QUARTER SECTION 33,
Engineerin C. STEVE T3N, R2E, GILA & SALT RIVER MERIDIAN,
DURYEA, JR. . MARICOPA COUNTY, ARIZONA
a11's,.- 2r• DATE: FEB 2017
Dibble Engineering . ZONA U.5* DRN: BAR PAGE 2 OF 2
Project No 101436.01 kOfrea 3/311 lb
/51lb CHK: CSD
CITY OF GLENDALE
SUMMARY STATEMENT OF OFFER TO PURCHASE
AND
IMPROVEMENT REPORT
This statement accompanies our letter of June 20, 2017, and shows the basis on which the offer is made,
including any settlement amount.
A. IDENTIFICATION OF THE PROPERTY
One parcel of land situated in the SW Quarter of Section 33, 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). 148-12-003B
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) 800 Square Feet
❑ Underlying fee interest(existing rights-of-way) Square Feet
❑ Easement(new right-of-way) Square Feet
❑ Easement Square Feet
❑ Temporary Construction Easement Square Feet
O 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) $ 23,900.00
Severance Damages to remaining property $
(possible on partial acquisitions only)
"Cost-to-Cure"compensation involving a facility or $
component on the remaining property
Total Just Compensation $ 23,900.00
Project:5050 Norther Avenue Section: 51"Avenue and Northern Parcel: 148-12-003B
1 -3
D. THE IMPROVEMENTS
THE IMPROVEMENTS ASSOCIATED WITH THE PURCHASE ARE DESCRIBED AS FOLLOWS:
Concrete paving, asphalt paving, concrete curbing, rock ground cover(decomposed granite), shrubs, and trees.
E. COST TO CURE
THE COST TO CURE ASSOCIATED WITH THE PURCHASE ARE DESCRIBED AS FOLLOWS: N/A
COMMENTS AND/OR EXCLUSIONS: N/A
PERSONAL PROPERTY NOT ACQUIRED (INCLUDES ITEMS NOT PERMANENTLY ATTACHED):
N/A
F. 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)
►,1 Warranty/Special Warranty/Quitclaim Deed (to be notarized)
❑ Extended Occupancy Agreement ❑ Manufactured Home
❑ Right of Way Contract(to be notarized) ❑ Easement(to be notarized)
❑ Temporary Construction Easement ❑Arizona Substitute W-9 Form
® Summary Statement of Offer to Purchase and Improvement Report(see below)
G. SECURITY DEPOSIT INFORMATION AND ACKNOWLEDGMENT
City of Glendale shall withhold $0.00 in escrow, as a security deposit, in accordance with the terms of
the Purchase Agreement.
H. SUBSURFACE IMPROVEMENT STATEMENT
1. I Dam Elam not aware of the presence of any subsurface improvements (e.g., septic systems,
storm cellars, ground wells) within the area of the City of Glendale's acquisition.*
2. WeII(s) ❑Yes ❑No Well Registration No(s): 55-
3. Irrigation Water Rights ['Yes ❑No IGR Number: 58-
4. Well is located ❑ within the acquisition area, ❑ outside the acquisition area.
(NOTE: If you answered yes regarding water rights,please provide a copy of the appropriate certificate if
available)
*If aware of such improvemm--• , please provide any information that may assist in locating same.
GRAN. ,,,,TO : 5051, • :.�- -N, LLC,AN ARIZONA LIMITED LIABILITY COMPANY
By
: /� / Date 7/27/17
Its:
Project:5050 Norther Avenue Section: 51S`Avenue and Northern Parcel: 148-12-003B
2-3
• • OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20170889430 11/30/2017 03:30
WHEN RECORDED MAIL TO: ELECTRONIC RECORDING
City of Glendale 15170032-5-1-1--
City Attorney henrya
5850 W. Glendale Ave.
Glendale, AZ 85301-2599
SECURITY TITLE AGENCY
15170032
CAPTION HEADING:
WARRANTY DEED
DO NOT REMOVE
THIS IS PART OF THE OFFICIAL DOCUMENT
Reccvr
SECURITYTILE AGENCY
WHEN RECORDED RETURN Escrow No. 1$/7 Q03-L
City of Glendale Exempt From Affidavit
6210 West Myrtle Avenue,Building S By A.R.S. 11-1134-A-3
Glendale,Arizona 85301
CITY OF GLENDALE _ _ — -—
WA ` (4 I\ DEED C17-0809
For consideration of Ten and 00/100 Dollars, and other valuable consideration, 5050 Northern,LLC,an
Arizona limited liability company, ("Grantor"),does hereby convey to the CITY OF GLENDALE,an
Arizona Municipal Corporation("Grantee"),the following described real property situated in Maricopa
County,Arizona(the"Property"):
SEE EXHIBIT "A" ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF
SUBJECT TO current taxes and assessments,reservations and all easements,rights of way, covenants,
conditions,restrictions,liens and encumbrances of record.
4
•
IN W SS WHERE3, ,this instrument is executed this 1)1 day of -YU (� ,20 I7
PiArise "(Sign. - e of Grantor) (Signature of Grantor)
NOTARY CERTIFICATION
Capacity claimed by signer(s) C.61446.E
Individual
Corporate ; ,;: AMAELIZABETHSIMINGTON
Notary Pub6c-StateofArimna
Trustee(s)
(w +. _ MARIcoPE►COUNTY
fy ♦*; /
Other 5-05-0 /1/a•-1-Ge•�., , LLC y t�YCommisstonExpires
5k-epL .J S'•"o.-e. /Mc-P-
Entity(ies)Represented
Title of Signer
State Of sa\ ,n�,\ )
)SS
County OfMo,/\\�� )
Before me, %000\j�4\q �, 29 \' ' ,the undersigned officer/notary
(Name of Notary)
Oni�Q.-NA \9\20 \ personally appeared \O
qcxr-
IN WITNESS,my hand and official seal
Personally known—OR-proved to me to be
the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to (Signature of Notary)
me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that My Commission Expires:
by his/her/their signature(s)on the instrument
the person(s), or the entity on behalf of which t ,tv
�. ,.: BARBARA A. DEKUI7r=R
the person(s) acted, executed the instrument.
y ;,,o Notary Public-State of Arizona
MARICOPA COUNTY
My Commission Expires Jan.24,2019
Approved by the City of Glendale
Accepted: City of GlendaleS E ��„ � r, � ,20\
By
EXHIBIT "A"
DESCRIPTION
FOR
NEW RIGHT OF WAY
PORTION OF APN 148-12-003B
A PARCEL OF LAND SITUATED IN A PORTION THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 3 NORTH, RANGE 2 EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY,ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33 FROM WHICH THE
SOUTH QUARTER CORNER BEARS SOUTH 89 DEGREES 35 MINUTES 00 SECONDS EAST,
2633.20 FEET;
THENCE SOUTH 89 DEGREES 35 MINUTES 00 SECONDS EAST,ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER OF SECTION 33,55.00 FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 00 MINUTES 00 SECONDS
EAST, 55.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE
EAST RIGHT OF WAY OF 51ST AVENUE, 15.00 FEET;
THENCE DEPARTING SAID RIGHT OF WAY,SOUTH 44 DEGREES 47 MINUTES 31 SECONDS
EAST, 14.19 FEET;
THENCE SOUTH 89 DEGREES 35 MINUTES 00 SECONDS EAST, 140.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 5.00 FEET TO THE NORTH
RIGHT OF WAY LINE OF NORTHERN AVENUE;
THENCE NORTH 89 DEGREES 35 MINUTES 00 SECONDS WEST, 150.00 FEET TO THE POINT
OF BEGINNING AND CONTAINING A COMPUTED AREA OF 800 SQUARE FEET OR 0.018
ACRES OF LAND, MORE OR LESS.
THE ATTACHED EXHIBIT'A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
1061-1‘310194.*A
C.STEVE
DURYEA,JR.
r@
9,Q signed• P.
NEW ROW February
Page of 217 �'�A Oe s03 3' PROJECT NO. 143601
I
LINE DATA TABLE
55' LINE BEARING DISTANCE
ROW L1 N00°00'00"E 15.00'
L2 S44°47'31"E 14.19'
La L3 S89°35'00"E 140.00'
ZIW
o L4 S00°00 00„E 5.00'
Q o L5 N89°35'00"W 150.00'
I— o
z 5050 NORTHERN, LLC
If) APN 148-12-003B
INSTR NO 2004-0206154
, * L3
�
L5 1 J
0 o POINT OF
gL b o BEGINNING 0
Lo
o �n o
0
z
55.00' i
s —
S89'35'00"E 2633.20'
0
4 NORTHERN ' AVENUE
O
SOUTHWEST CORNER OF SECTION 33 N
O
: TOWNSHIP 3 NORTH, RANGE 2 EAST
i GILA AND SALT RIVER MERIDIAN
POINT OF COMMENCEMENT
SOUTH 1/4 CORNER
8 SECTION 33
P PARCEL AREA: T 3 N, R 2 E NTS
800 SF OR THIS IS NOT A PROPERTY
0.018 ACRES BOUNDARY SURVEY.
0
43'4!J EXHIBIT "A"
4+ `' . .� NEW RIGHT OF WAY
i e Dibble 31019 $ A PORTION OF THE ,SW QUARTER SECTION 33,
Engineerin, C. STEVE T3N, R2E, GILA & SALT RIVER MERIDIAN,
DURYEA, JR.N; MARICOPA COUNTY, ARIZONA
P �° • 2 J• DATE: FEB 2017
Dibble Engineering - qR/IoNA us. DRN: BAR PAGE 2 OF 2
Project No 101436.01 4 r e 3 3/30s CHK: CSD
WHEN RECORDED RETURN Escrow No.
City of Glendale Exempt From Affidavit
6210 West Myrtle Avenue,Building S By A.R.S. 11-1134-A-3
Glendale,Arizona 85301
CITY OF GLENDALE
\� \ DEED C17-0809
For consideration of Ten and 00/100 Dollars,and other valuable consideration, 5050 Northern,LLC,an
Arizona limited liability company, ("Grantor"), does hereby convey to the CITY OF GLENDALE,an
Arizona Municipal Corporation("Grantee"),the following described real property situated in Maricopa
County,Arizona(the"Property"):
SEE EXHIBIT "A" ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF
SUBJECT TO current taxes and assessments,reservations and all easements,rights of way, covenants,
conditions,restrictions,liens and encumbrances of record.
iN W SS / 1 RE ,this instrument is executed this day of I t 1(.. ,20 )7
(Sign. • e of Grantor) (Signature of Grantor)
NOTARY CERTIFICATION
Capacity claimed by signer(s) ,
Individual
Corporate NIANDAEt PPBEtH SIMINGTON
s ""_ NPublic-State of Arizona
Trustee
(s) % M1ARICOPACOUNTt
Other 5-05-0 /op-44, , LLC ' Match 30,2020
�� omConvnission Expires
,
ce /`1-5 (1-i fffrice^a,¢-�
Entity(ies)Represented
Title of Signer
State Of A \r‘ef\ )
)SS
County Of ,n\cs
Before me, -go\jiss q , 2Li��2� ,the undersigned officer/notary
(Name of Notary)
On � �omx,,\Q y, \q20 l'°'\ personally appeared \D`(Nrk-t\ S1 rlq
IN WITNESS,my hand and official seal
Personally known-OR-proved to me to be �����,\���IC.
the person(s)whose name(s)is/are subscribed a
to the within instrument and acknowledged to (Signature of Notary)
me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that My Commission Expires:
by his/her/their signature(s)on the instrument
the person(s), or the entity on behalf of which o 2�srr BARBARA A. DEKUITER
the person(s) acted, executed the instrument. °
P ( ) A Notary Public-StateofArizona
MARICOPA COUNTY
My Commission Expires Jan.24,2019
Approved by the City of Glendale
Accepted: City of Glendale, ��„ �e,� \C\ ,20\
By
EXIIMI'T "A"
DESCRIPTION
FOR
NEW RIGHT OF WAY
PORTION OF APN 148-12-003B
A PARCEL OF LAND SITUATED IN A PORTION THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 3 NORTH, RANGE 2 EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY,ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33 FROM WHICH THE
SOUTH QUARTER CORNER BEARS SOUTH 89 DEGREES 35 MINUTES 00 SECONDS EAST,
2633.20 FEET;
THENCE SOUTH 89 DEGREES 35 MINUTES 00 SECONDS EAST,ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER OF SECTION 33,55.00 FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 00 MINUTES 00 SECONDS
EAST, 55.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE
EAST RIGHT OF WAY OF 51sT AVENUE, 15.00 FEET;
THENCE DEPARTING SAID RIGHT OF WAY,SOUTH 44 DEGREES 47 MINUTES 31 SECONDS
EAST, 14.19 FEET;
THENCE SOUTH 89 DEGREES 35 MINUTES 00 SECONDS EAST, 140.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 5.00 FEET TO THE NORTH
RIGHT OF WAY LINE OF NORTHERN AVENUE;
THENCE NORTH 89 DEGREES 35 MINUTES 00 SECONDS WEST, 150.00 FEET TO THE POINT
OF BEGINNING AND CONTAINING A COMPUTED AREA OF 800 SQUARE FEET OR 0.018
ACRES OF LAND, MORE OR LESS.
THE ATTACHED EXHIBIT'A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
/40/74 /2.1,
o..31019 ilk
C.STEVE
DURYEA,JR.
c
a a
NEW ROW February7,2017 4. °A1A N.t3 DIBBLE ENGINEERING
5 Q,
Page of 2 xA+res 0313\ PROJECT NO.101436 01
I
LINE DATA TABLE
_ 55' _ LINE BEARING DISTANCE
ROW L1 NOO*00'00"E 15.00'
L2 S44°47'31"E 14.19'
LL.I L3 S89°35'00"E 140.00'
w
0 L4 S00°00'00"E 5.00'
Q o L5 N89°35'00"W 150.00'
I— 0
c z
n— 5050 NORTHERN, LLC
IC) APN 148-12-003B
INSTR NO 2004-0206154
L3
J d'
L5 1 J
-80 POINT OF
E b 0 BEGINNING
o ui 10 Pf
, rz i ii\_ L0
0
ai z
55.00' I
0
S89'35'00'E 2633.20'
NORTHERN ' AVENUE
SOUTHWEST CORNER OF SECTION 33 N
O
3
TOWNSHIP 3 NORTH, RANGE 2 EAST
GILA AND SALT RIVER MERIDIAN
1 POINT OF COMMENCEMENT SOUTH 1 /4 CORNER
SECTION 33
e PARCEL AREA: T 3 N, R 2 E NTS
3 800 SF OR THIS IS NOT A PROPERTY
0.018 ACRES BOUNDARY SURVEY.
0
�_+'J EXHIBIT "A"
. � NEW RIGHT OF WAY
,,,, c,, DibbIe1# '31019 93 A PORTION OF THE SW QUARTER SECTION 33,
Engineelin C. STEVE T3N, R2E, GILA & SALT RIVER MERIDIAN,
DURYEA, JR../.: MARICOPA COUNTY, ARIZONA
a 44:4. _,.2C.1? DATE: FEB 2017
Dibble Engineering /ZONA, u.`'' DRN: BAR PAGE 2 OF 2
LI Project No 101436.01 Fkpiro, 3/3'tI° CHK: CSD