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HomeMy WebLinkAboutProperty #: 3634 - 10/22/2007 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL ELECTRONIC RECORDING 20080026000,01/10/2008 02:03 COEPDGAMERICA-12-1-1--,N WHEN RECORDED, RETURN TO: DEED 3634 City Clerk ORDINANCE 2647 City of Glendale 5850 West Glendale Avenue Glendale, Arizona 85301 CONVEYANCE OF EASEMENT For Ten Dollars and other valuable consideration, PDG AMERICA SHOPPING CENTERS, L.L.C., a Delaware limited liability company("Grantor"), subject to the terms and conditions set forth in Exhibit "B" attached hereto and incorporated herein by this reference, hereby grants to the CITY OF GLENDALE, an Arizona municipal corporation (the "City"), an easement to install, repair, operation, maintain and remove public water lines and related appurtenances (the "Easement") under the surface of the parcels of real property legally described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Areas"). Together with the right of ingress and egress to, from, across and along the Grantor Property, as legally described on Exhibit "C" attached hereto and incorporated herein by this reference, and the right to use reasonable portions of Grantor's Property adjacent to the Easement Areas during temporary periods of construction; the right to operate, repair, replace, maintain, and remove public water lines and appurtenances from said Easement Areas; to add to or alter said public water facilities at any reasonable time; and to trim or remove any trees or shrubs that in the reasonable judgment of the City may interfere with the construction, operation or maintenance of said facilities; the foregoing also subject to the terms and conditions contained on Exhibit "B". Dated this 2-2-N1 D day of OCT'b$€R , 2007. [SIGNATURE AND NOTARY PAGES FOLLOW] SEC 67/Peoria PDG AMERICA SHOPPING CENTERS, L.L.C., a Delaware limited liability company By: PDG AMERICA PROPERTIES, L.L.C., an Arizona limited liability company, its Manager By: PDG-DUTTON, a 11-laware limited Hatt' ity .s . � ;- � t By: k I. R illiam M. Dutton, its Member By: PDG-SODJA, LLC, a Delaware limited liability/o• y, its Manager By: i J► i, ' I J. S• , its Member STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing instrument was acknowledged before me this 22 day of 2007, by William M. Dutton, a Member of PDG-DUTTON, LLC, a Delaware limited liability company, as Manager of PDG AMERICA PROPERTIES, L.L.C., an Arizona limited liability company, as Manager of PDG AMERICA SHOPPING CENTERS, L.L.C., a Delaware limited liability company for t - . .oses contained herein. Notary Public i- �L i_ ..- ' id 'Err My Co mission - . r i j _//G ,,,,.$41",,., TINA MARIE LAUDERMILCH -s 't Notary Public - Arizona c, "C d Maricopa County +i....P M1y Comm.Explas Oct 26,2010 STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing instrument was acknowledged before me this ,22 day of �/" , 2007, by Richard J. Sodja, a Member of PDG-SODJA, LLC, a Delaware limited liability company, as Manager of PDG AMERICA PROPERTIES, L.L.C., an Arizona limited liability company, as Manager of PDG AMERICA SHOPPING CENTERS, L.L.C., a Delaware limited liability company for the purpos-: : r taine• erein. /_— ,1Notary /���� My C e ' mission Expr s: /g 0/0 C 4 4i It,^!^ TINA MARIE LAUCERMILCH v 7 Notary Public •Arizona V.:.2.,,c' Marleopa County *4,,.0 My Comm.Expires Oct 26.2010 — — EXHIBIT A Depictions and Legal Descriptions of the Easement Areas BY:BMH/MJH CKD BY:BWS/REP JOB#A410.017.007 APRIL 11,2006 REVISED April 23,2007 EXHIBIT"A" PARCEL DESCRIPTION PUBLIC WATERLINE EASEMENT A PORTION OF THE NORTHWEST QUARTER OF SECTION 30,TOWNSHIP 3 NORTH, RANGE 2 EAST,OF THE GILA AND SALT RIVER.MERIDIAN,MARICOPA COUNTY, ARIZONA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE NORTHWEST CORNER OF SAID SECTION 30 FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 30,A BRASS CAP FLUSH,BEARS SOUTH 00°00'04"EAST A DISTANCE OF 2645.58 }MI; THENCE SOUTH 00°00'04"EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 658.06 FEEL; THENCE DEPARTING SAID WEST LINE,NORTH 89°59'56"EAST,A DISTANCE OF 123.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01°15'50"WEST,A DISTANCE OF 239A5 Frh1; THENCE NORTH 88°44'10"EAST,A DISTANCE OF 57A2 FEET; THENCE NORTH 01°15'50"WEST,A DISTANCE OF 30.63 FEET; THENCE NORTH 88°44'10"EAST,A DISTANCE OF 20.00 FEET; THENCE SOUTH 01°15'50"EAST,A DISTANCE OF 50.63 FEET; THENCE SOUTH 88°44'10"WEST,A DISTANCE OF 57.42 FEET; THENCE SOUTH 01°15'50"EAST,A DISTANCE OF 219.45 FEET; THENCE SOUTH 88°44'10"WEST,A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; CONTAINS 6,550 SQUARE FEET OR 0.1504 ACRES MORE OR LESS SUBJECT TO EXISTING RIGHTS-OF-WAY AND EASEMENTS. j�„0d�0itgF •At\ , tote 37934 Ariat o-,- Page 1 of 2 BRASS CAP FLUSH N 1/4 COR. SEC. 30 PEORIA AVENUE r3N' R2E N88'44'10"E_ 2447.38' _ . . _ • 1 LINE TABLE L1/2,-El o N LINE BEARING LENGTH O U 2 U L1 N89'59'56"E 123.01' a¢z 0 ti L2 N01'15'S0"W 239.45' m z •• L3 N88'44'1 Olt 57.42' z 8 L4 N01'15'S0"W 30.63' 3 L5 N88'44'10"E 20.00' z L6 S011 5'50"E 50.63' L7 588'44'10"W 57.42' L8 SO1'15'50'E 219.45' I L9 S88'44'10"W 20.00' Lu 1P)I Z to W N e lO IC N t w `D K o• CO L5 o. L3 -�+I Ie 0 L7 I S' J CO 0 -J in U c P.O.B. �o U v K 1I LI •�V L9 ¢Nz 37934 $ ce n ( RALPH E. inLEGEND PocuE. �(.°'` �. NEASEMENT LINE \\; neBNry� SECTION LINE fi`'� o CN....----..----''...I. l HORIZON CONSULTANTS SCALE NTB. OF ARIZONA Exta&r w roma-, Aewvnar 7676 NORTH 16TH sTREEE.SUITE 205 PUBLIC WATERLINE EASEMENT DWrs A410017P(.CIDWG 0PH ENX.ARIZONA 85020 DRAWN Sri atw?atl PHONE(602)870-1657 DATE' APHL 2$2007 FAX(602)670-1660 WWWH09¢ONSURVE1,&OQU PAGE 2 OF 2 BY:BMH/MJH CKD BY:BWS/REP JOB#A410.017.007 APRIL 11,2006 REVISED April 23,2007 PARCEL DESCRIPTION PUBLIC WATERLINE EASEMENT A PORTION OF THE NORTHWEST QUARTER OF SECTION 30,TOWNSHIP 3 NORTH, RANGE 2 EAST,OF THE GILA AND SALT RIVER MERIDIAN,MARICOPA COUNTY, ARIZONA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE BRASS CAP IN HANDHOLE AT THE NORTHWEST CORNER OF SAID SECTION 30 FROM WHICH THE WEST QUARTER CORNER,A BRASS CAP FLUSH,BEARS SOUTH 00°00'04"EAST A DISTANCE OF 2645.58 FEET; THENCE SOUTH 00°00'04"EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 675.92 FEET; THENCE DEPARTING SAID WEST LINE,NORTH 89°5956"EAST,A DISTANCE OF 220.48 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88°44'10"EAST,A DISTANCE OF 20.00 FEET; THENCE SOUTH 0195'50"EAST,A DISTANCE OF 16.50 FEET; THENCE SOUTH 88°44'10"WEST,A DISTANCE OF 20.00 FEET; THENCE NORTH 01°1550"WEST,A DISTANCE OF 16.50 FEET TO THE POINT OF BEGINNING; CONTAINS 330 SQUARE FEET OR 0.0075 ACRES MORE OR I ESS. SUBJECT TO EXISTING RIGHTS-OF-WAY AND EASEMENTS. EM L Ibis Page 1 of 2 BRASS CAP FLUSH N 1/4 COR. SEC. 30 PEORIA AVENUE T3N, R2E N88'4410'1' 2447,38' _ _ . . OgUJOW MN OUO a II:vi i z I LINE TABLE q< n - LINE BEARING LENGTH ar z cc LI _N89'59'56"E 220.48' z.0 I L2 N88'44'10"E 20.00' L3 _501'15'50"E 16.50' z L4 _S88'44'10"W 20.00' I L5 NO1'15'50"W 16.50' I • v• ii Z al W N N W Q h • W to CO pI u. SI ,I I 0 z 7\ul• V W 4 • CV N d- I L1 - af COM- ' 6?y+. �z n *Ile 37934 $ m 1"J- 4 io L4 7� RALPH E. LEGEND ' POGUE, JR.p�� tra CIII'IIIIIIIIIIIIIII---46 EASEMENT LINE ^ SECTION LINE HORIZON CONSULTANTSSCALEMTS.OF ARIZONA row WATERLINE EASEMENT JOB NO.: }A4 077 7878 NORM AnaMEET, 0 PFHN/X,ARI0ONA 85020 PHONE(8 )8 47 FAX(602)870-1660 wwwNOA¢oNAUAVEYs cau' DRAWN Ern T , DATE APRIL 2a.2007 PAGE 2 OF 2 EXHIBIT B Addendum to Easement Agreement Notwithstanding anything to the contrary in the attached document: The City agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance either the City's improvements or the Easement Areas as provided for herein so as not to unreasonably disturb Grantor's use of the Grantor Property. The City agrees to return the Easement Areas to the conditions which existed prior to the installation of any of its improvements in the Easement Areas, including but not limited to the replacement of any sod, landscaping, paving or other improvements that existed within the Easement Areas prior to such installation. The City will forever waive and hold Grantor harmless for, and defend Grantor against, any claims, losses, causes of action, and suits which arise from the City's, its agents', employees' or invitees' acts or omissions, including but not limited to the use of the Easement herein granted and will indemnify Grantor for any losses suffered due to any such claims, losses, causes of action or suits. The Easement granted hereunder is a permanent easement and will continue in full force and effect so long as the easement is used by the City, its successors and assigns. The City shall not interfere with Grantor's business operations while utilizing this Easement. In exercising any rights and privileges under this easement, the City shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other authorizations or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Discharges Associated with Construction Activities (collectively the "Storm Water Requirements"). The City shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of either the City's improvements or the Easement Areas as provided for herein. The City shall comply with any and all applicable federal, state and local laws, rules, regulations, statutes, codes, orders and ordinances, including, but not limited to, those governing the prevention, abatement and elimination of pollution and/or protection of the environment and the employment of its workers. EXHIBIT C Legal Description of the Grantor Property PARCEL DESCRIPTION SEC 67TH AVE AND PEORIA-NEW PARCEL A PORTION OF THE NORTHWEST QUAR1ER OF SECTION 30,TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER MERIDIAN,MARICOPA COUNTY, ARIZONA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE THE NORTHWEST CORNER OF SAID SECTION 30; THENCE NORTH 88°44'10"EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 205.05 FEET; THENCE DEPARTING SAID NORTH LINE,SOUTH 00°00'04"EAST,A DISTANCE OF 60.01 FEET TO SOUTH RIGHT-OF-WAY LINE OF PEORIA AVENUE AND THE POINT OF BEGINNING; THENCE NORTH 88°44'10"EAST ALONG SAID SOUTH LINE,A DISTANCE OF 160.12 FEET; THENCE SOUTH 01015'50"EAST,A DISTANCE OF 215.00 FEET; THENCE NORTH 88°44'10"EAST,A DISTANCE OF 47.16 FEET; THENCE SOUTH 00°00'12"EAST,A DISTANCE OF 192.68 FEET; THENCE SOUTH 88°44'10"WEST,A DISTANCE OF 5.52 FEET; THENCE SOUTH 01°18'56"EAST,A DISTANCE OF 90.00 FEET; THENCE NORTH 88°44'10"EAST,A DISTANCE OF 5.44 FEET; THENCE SOUTH 01°15'50"EAST,A DISTANCE OF 104.63 FEET; THENCE SOUTH 43°44'10"WEST,A DISTANCE OF 6.19 FEET; THENCE SOUTH 00°00'12"EAST,A DISTANCE OF 33.00 FEET; THENCE SOUTH 88°44'10"WEST,A DISTANCE OF 384.08 NMI TO THE EAST LINE OF THE WEST 33.00 FEET OF SAID NORTHWEST QUARTER; THENCE NORTH 00°00'04"WEST ALONG SAID EAST LINE,A DISTANCE OF 494.75 FEET; THENCE DEPARTING SAID EAST LINE,NORTH 88°44'10"EAST,A DISTANCE OF 65.02 FEET; THENCE SOUTH 01°15'50"EAST,A DISTANCE OF 20.00 FEET; THENCE NORTH 88°44'10"EAST,A DISTANCE OF 44.22 FEET; THENCE SOUTH 01°15'50"EAST,A DISTANCE OF 22.00 FEET; THENCE NORTH 88°44'10"EAST,A DISTANCE OF 61.88 FEET; THENCE NORTH 00°00'04"WEST,A DISTANCE OF 187.05 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 206,495 SQUARE FEET OR 4.7405 ACRES,MORE OR LESS. /. / -= m ( wit �, RIMY ��u 0 04e CITY OF GLENDALE LJ CITY CLERK DEPARTMENT / DIGITAL RECORDING TRANSMITTAL FORM SECTION BELOW TO BE COMPLETED BY DEPARTMENT Date 01/09/2008 Employee Name Leon Graton Employee ID # 12685 Department/Division Engineering Phone Number 623-930-3651 Description of document: CONVEYANCE OF EASEMENT — Water Line Easement — PDG AMERICA SHOPPING CENTERS, L.L.C. to the City of Glendale — 5.se of 67th Avenue, south of Peoria Avenue. L"' • - SIECTThDN BUEIa 7P® ISIE CC©FfiPILIETIEID IR3Y'(CM CLIERK UTAIMF (When Applicable) RECORDING NOT COMPLETED We were not able to complete the recording of your documents for the reasons stated below. Please make the corrections and return the document with this form. Date City Clerk Staff Phone No. SECTION BELOW TO BE COMPLETED BY DEPARTMENT (When Applicable) Corrections Made Comments Date Employee Name Employee ID# CIECTIION ISIELOW TO ME CODMELIETIED 1831(CIITY CCI3IRK Cr (When Applicable) RECORDING COMPLETED V Copy attached for your file. Date I ; I D)Q City Clerk Staff - Jig,�4J fir. 'hone No. A321-e N:\ENGR\Leon\City Clerk\Transmittal Form Easementdoc