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Ordinance #: O18-21 - Date Adopted: 3/27/2018 ORDINANCE NO. 018-21 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF A WARRANTY DEED FOR RIGHT OF WAY LOCATED ON 55TH AVENUE APPROXIMATELY 660 FEET SOUTH OF MISSOURI AVENUE AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. WHEREAS, on July 20, 1959, CALCOT, LTD, a California corporation, granted an easement for a road over and across certain real property as described on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Glendale City Council took action to accept this easement as indicated by the Conveyance of Easement document as it appears in the records of the Maricopa County Recorder's Office, which was recorded on July 28, 1959 at Docket No. 19590106317, Book 2943 Page 403; and WHEREAS,the owner of the easement area, CALCOT, LTD has agreed to dedicate right of way over this area so the existing street improvements will reside in City's right of way instead of an easement on private property, allowing the City to maintain these street improvements. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows: SECTION 1. That The City Council hereby authorizes and instructs the City Manager to execute the Warranty Deed, which is attached hereto as Exhibit B, granting the rights of way described herein to the City. SECTION 2. The City Clerk is accordingly instructed and authorized to forward a certified copy of this ordinance for recording to the Maricopa County Recorder's Office. SECTION 3. That the provisions of this ordinance shall become effective thirty(30) days after passage of this ordinance by the Glendale City Council. [Signatures on the following page] PASSED, ADOPTED AND APPR► L ,,y e \ a or and Council of e City of Glendale, Maricopa County,Arizona,this 27th: `of a h, t 0 8. Ma •2, -rry -iers ATTEST: Julie :ower, City Clerk (SEAL) APPROVED AS TO FORM: 4_ G. for Michael lb. Bailey, City Attorney REVIEWED BY: K vin R. Phelps, City Manager EXHIBIT A , Rick No.4818 JAE EXHIBIT"A" LEGAL DESCRIPTION THE WEST 40 FEET OF NORTH 300 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 2 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA. p-LAN. : � /V71-0:3- (C1)=1.' OONA •!i • EXPIRES:03.31201$ PAGE 1 OF 2 LEGAL_55th Avenue.docx W. MISSOURI AVENUE \\__CENTER SEC. 17, E.1/4 COR., SEC. 17, T-2-N, R-2-ET-2-N, R-2-E 4i vi X LI. 0 Ll. Q 2 F- CC O Z di d, i in in b ro o \ WEST ' Li.i 7477, 40.00' o N // z w L." 0 LI- ...J Q I = H cn S.1/4 COR., SEC. 17, r— S.E. COR., SEC. 17, T-2-N, R-2-E T-2-N, R-2-E W. CAMELBACK ROAD S.E.1/4, SEC. 17, T-2-N, R-2-E 1 ; ` A.A. � . r J \, I 9,04,/ r, 9 Pi 1EXHIBIT "A" acmes:03-31-2016 SCALE 1" = 200' SHEET 2 OF 2 19590728_DKT 2943 403_1 Unofficial Document Driior ' ;as. .t ratu 4 Mains cm*,Arbon. sty banda ddcitadel seal the Op and sae Met above writhe, . I. `' ass �..r -?� DEED • dip 440‘/ 000 When recorded,return to; • Marlow County Board ofSupervisor; F! `. ZASElLZNT�_ Marione Courtly D - - DD number 1328 BIW -- CALODrT, LTD. a California Corporation_ Grantors • for in conrideratton of the aunt of One Dollar and-adher valuablereceipt of which im hereby acknowledged. A COU TY,apo eodoiriu n of the Stab°Lennon,W ate score andpamt sati right-of-wow,for the thilowft sante;The right to suer upon the hereinafter dsecs grade,level, pave,build,ma and t a bidfiwratogether thth B �ammis euros embraced within the TI .of dtuetln the CraManama,Slate of3om deteribM u f Oomm The_West Fosty(40).~feet;---the--South Forty(40) feet and the East Sixty(65)—flet-of the.North_300.0_feet of the South one-half of the Southeast ate-charter (6i of ems) of Section Seventeen(17) Townahip Two(2) North, Range Two(2) East of the Gila and Salt River Hage and Meridian. • to hold the said easement and rthereto. fd•a subdivisionot f Arizona and otts amigos fame; the toi end matooa public highway is AM the Grantors hen covenant that they are lawfully eased and pmsrd on this aforementioned tract or parcel of wan warrant tineandquiet�pa lawfullthereto againstgIItconvey he lawful l dliim od free all meumbranoes:and that thr0►will The said easement to include that may hereafter o ttheupright to cut back and trim such portion of the,escribed mamba.ea may extend n and to of the trees now �t a Jame frau interfperring with t M mthe stove dd tenance operation of add Mae highway aid t-0f-vsy.so as to the purpose the6 eeiint�Rab rights herein granted rivilege end easement shallll case granted rreeverrtt to the palates,their heirs or used los in the foregoing instrument the plural t used it will be read as singular.and when necessary.end wherever wordsgender are employed,they will apply to either masculine,feminine or neuter as the contact requires. .Dated brie 20th agy of July •10-5-9-- '` . (Seel) Amy-1W:/L _ - • team • (Seal) gliri % `} t• memo (8w) 441 f'.J ' • (Sa ) r California • STAT=OP AWN& - '1'hu imtnnotet was art oosoledsel beton me elk 240.-dor of County ofWEI= July ,12 59_,by J._B..Kennedy. • /Execttive Vice President, of calcot. Ltd.. and G. L. Seitz. Assistant Secretary of • •we + ' _ Fabry Maio`? .1tMe 24 1961 EXHIBIT B When recorded,mail to: City Clerk, City of Glendale 5850 West Glendale Avenue Glendale,Arizona 85301 WARRANTY DEED For Ten Dollars and other valuable consideration, I or We, CALCOT, LTD, a California corporation ("Grantor"), do hereby convey to the City of Glendale, an Arizona Municipal Corporation("Grantee"),all right, title and interest to and in that certain parcel of Real Property situated in Maricopa County and described as follows: See Attached Description,"Exhibit A" It is the intention of the parties to cause the real property on said Exhibit "A" to be dedicated as public right of way for roadway purposes,and to vest title in fee simple in the City of Glendale in Trust,for all the uses contemplated in public street dedication. And I or We do warrant the title against all persons whomsoever, subject only to those encumbrances or liens of record,or as above set forth,if any. Dated this day of ,2018. By: Jamal Neeper Its:President/CEO Exempt Pursuant to A.R.S.§11-1134 (A)(3) STATE OF ARIZONA ss. County of Maricopa The foregoing instrument was acknowledged before me this day of ,2018 by Jarral Neeper, President/CEO, who acknowledged that he executed this instrument for the purposes therein contained. Notary Public My commission expires: 55th Avenue south of Missouri Avenue OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER Recorded by: ELECTRONIC RECORDING City Clerk 20180250223,04/03/2018 04:07, City of Glendale 01821-9-1-1--,N 5850 West Glendale Avenue Glendale, AZ 85301-2599 CERTIFICATION rep, III GL E STATE OF ARIZONA County of Maricopa City of Glendale I, Julie K. Bower, being the appointed and duly qualified City Clerk of the City of Glendale, Maricopa County, Arizona, certify that the following is a true and correct copy of Ordinance 018-21, that remain on file with the Office of the Glendale City Clerk. Given under my hand and seal this 3rd day of April, 2018. v. J Bower, MMC City Clerk