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Property #: 3640 - 2/18/2008
DEED 3640 ORDINANCE 2647 When recorded, mail to: OFFICIAL RECORDS OF City Clerk, City of Glendale MARICOPA COUNTY RECORDER 5850 West Glendale Avenue HELEN PURCELL ELECTRONIC RECORDING Glendale, AZ 85301 20080155992,02/22/2008 10:01 COELDRCAMELB ACK-7-1-1--,N CONVEYANCE OF EASEMENT For Ten Dollars and other valuable consideration, LDR-Camelback 95 L.L.C., an Arizona limited liability company, does hereby convey to the City of Glendale, an Arizona Municipal Corporation, an easement to install, repair, operate, maintain and remove under ground sewer line and certain related facilities ("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 the 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 and trees and shrubs that in the judgment of the City may interfere with the construction, operation or maintenance of said facilities. The City shall exercise reasonable care to avoid damage to the Grantor's property. The City shall repair any damage to the Grantor's property caused by the City or its agents during the repair, replacement, maintenance or renovation of the Facilities installed by the City. All repair, replacement, maintenance or renovation of the Facilities shall be at the City 's sole cost and expense and shall be performed in compliance with all applicable laws. If the City finds it necessary to perform excavation activities in or around the Grantor's property and the City disturbs or damages any of the property or improvements of Grantor while performing such excavation, (except for damage that may be caused to walls or the supports of signage installed directly above the facilities) all such property or improvements disturbed or damaged shall be restored as close to original condition as is reasonably possible at the expense of the City. The City shall have the right(but not the obligation)to trim, cut and clear away trees, brush or other vegetation on, the Grantor's property whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. The City shall keep the Grantor's property free of liens attributable to the City's work. The easement rights herein granted shall not peunit any additional installation of facilities or relocation of the facilities by City, unless City receives the express consent of Grantor. Grantor, from time to time, shall have the right to relocate all facilities at Grantor's sole cost and expense, subject to the reasonable approval of plans submitted by Grantor to City. ll:\ATTORNEYS\GIS\LDR\95th Ave and Camelback\Easement-Glendale(1-4-08).doc N. side of Camelback E of 95th Ave. The easement herein granted shall not operate to prevent the use of the same property for purposes which do not unreasonably interfere with the uses herein permitted and Grantor reserves the right to use the Grantor's property for such purposes as buildings or other similar structures, landscaping, paved parking, sidewalks and/or driveways,provided these do not interfere with the efficient operation and maintenance of the facilities, including access thereof. By accepting this easement, the City of Glendale agrees to exercise reasonable care to avoid any damage to said real property above described. Exempt Pursuant to A.R.S. §11-134 (A)(2), 11-1134(A)(3) U:\ATTORNEYS\GJS\LDR\95th Ave and Camelback\Easement-Glendale(I-4-08).doc Dated this ,gm day of fihraa..e y , aQDB . LDR-CAMELBACK 95, L.L.C., an Arizona limited liability company By: LEVINE INVESTMENTS LIMITED PARTNERSHIP, an Arizona limited partnership By: KEIM, Inc., an Arizona corporation, General Partner By: William S. Levine, Vice President By: G &D-95TH&CAMELBACK,L.L.C., an Arizona limited liability company,Member By: CAR-DEL LIMITED PARTNERSHIP, an Arizona limited partnership,Member By: GERMANN-GFB-II, LLC, an Arizona limited liability company, General Partner By: .f Gary D. Davidson, Member By: DGR INVESTMENTS, L.L.C., an Arizona limited liability company, Member By: RYE INVESTMENTS, INC., an Arizona corporation, Managing Mei ber�� BY: /v� Daniel G. Rye, Pre sent U:\ATTORNEYS\GJS\LDR\95th Ave and Camelback\Easement-Glendale(1-4-08).doc STATE OF "--`b""yi. )ss. County ofl .� A ) • On ��� t g before me, ,/sa 1/x(/1 &bprd , a Notary Public in and for said stat ,personally appeared LV/VVvj S. cZ&"cA-t- personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITN S hand and official seal. ISA VAN DER NOORDdia. / X �.(C v� Notary Poo-Arizona Vavl,6JY/L�1` "4 Maricopa county Ekpires 10/31/09 Notary Public in and for said State STATE OF Gia )ss. County of i a_.- ) , / On j� Ii goo , before me, L,Isg i/an,ei/t/ODfc/ , a Notary Public in and for said sta e,personally appeared144/ 7j Uf yt personally known to me(or proved to me on the basis of satisfa€tory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. r�� �'� LISA VAN DER NOORD Van A� �d n9 J' Notary Public-Arizona Maricopa county Notary Public in and for said State Expires 10/31/09 U:\ATTORNEYS\GJS\LDR\95th Ave and Camelbaek\Easement-Glendale(1-4-08).doc • STATE OF 6411,I1a ) ss. County of T 4,404 pot- On 3l 19 d00/before me, List�' Vapn�bar Noord , a Notary Public in and for said stat , personally appeared 2DI2&U .D XJ. g-17C- personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ,J • LISA VAN DER NOORD •` NotaryPublic-Arizona Jo:6 � " "/ c'� _?g' Maricopa County VGUt fit0 AExpires 10/31/09 Notary Public in and for said State A portion of the Southeast quarter of Section 16, Township 2 North, Range 1 East; 2914 Square Feet on Camelback. U:\ATTORNEYS\GJS\LDR\95th Ave and Camelback\Easement-Glendale(I-4-08).doc RICKT, ENGINEERING COMPANY June 20, 2007 Rick No, 3671 LPB DESCRIPTION A portion of the Southeast quarter of Section 16, Township 2 North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona,being more particularly described as follows: COMMENCING at a brass cap in hand hole marking the South quarter corner of said Section 16, from which a brass cap in hand hole marking the Southeast corner of said Section 16 bears South 89 degrees 58 minutes 56 seconds East, 2667.76 feet; THENCE South 89 degrees 58 minutes 56 seconds East, along the South line of said Southeast quarter, a distance of 740,61 feet; THENCE North 02 degrees 20 minutes 26 seconds East, 65.05 feet to the POINT OF BEGINNING; THENCE North 89 degrees 58 minutes 56 seconds West, along a line that is 65.00 feet north of and parallel with said South line, a distance of 100.30 feet; THENCE South 00 degrees 02 minutes 01 seconds West, 25.00 feet; THENCE North 89 degrees 58 minutes 56 seconds West,along a line that is 40.00 feet north of and parallel with said South line, a distance of 20.00 feet; THENCE North 00 degrees 02 minutes 01 seconds East,45.00 feet; THENCE South 89 degrees 58 minutes 56 seconds East, 121.10 feet; THENCE South 02 degrees 20 minutes 26 seconds West,20.02 feet to the POINT OF BEGINNING, as shown on Exhibit "A" attached herewith as page 2 of 2. Subject parcel comprising 2914 square feet, more or less, and subject to all easements of record. l k 1144 Att I ag c)et‘Ftt:ATe #9 01/4 ae4ae o Q STEVEN C. ° BURFORD 42.SliZONA,IISI'.. PAGE 1 OF 2 SewerEsmt-RLdac 6150 North 16th Street • Phoenix,Arizona 85016-1705 • (602)957-3350 • FAX:(602)285.2396 • rickengineering.com PHOENIX TUCSON SAN DIEGO RIVERSIDE ORANGE SACRAMENTO rad - 95TH AVENUE - - -- - - ' - S. 1/4 COR. SEC 16, T-2-N, R-1-E FD. M.C.H.D. B_C.H.H. Q os::: - vx SCALE 1" = 100' � 5 c0co^' '- 1 N3 1 E. v N 14.1 ARO 102-14-007-0 m CO tn l LINE TABLE sn 140' Course Bearing Distance L1 N 89'58'55 W 100.30' IR/VI L2 S 00'02'01" W 25.00' L3 N 89'58'56" W 20.00' L4 N 00'02'01" E 45.00' L4 L5 S 89'58'56" E 121.10' . rs L6 S 02'20x26" W 20.02' JTr n 65' J vl P.0.B6 - PROPOSED: f vSEWER EASEMENT �I COPPER. COVE 1n PHASE 2 .2.20,26„ N 65,05' S.E. COR. SEC 16, cv—T 2 N, R 1 E FD M.C.H.D. B.C.H.H. " " . EXHIBIT A 91ST AVENUE - PAGE 2 OF 2 2-27-61 CITY OF GLENDALE �/ CITY CLERK DEPARTMENT ' 1 DIGITAL RECORDING TRANSMITTAL FORM SECTION BELOW TO BE COMPLETED BY DEPARTMENT Date 02/21/2008 Employee Name Leon Graton Employee ID # 12685 Department/Division Engineering Phone Number 623-930-3651 Description of document: CONVEYANCE OF EASEMENT — UNDERGROUND SEWER LINE — LDR-Camelback 95 LLC to City of Glendale — North side of Camelback Road, east of 95th Avenue §IEC11TON ISIEII,®W 1P® ISIE CC©M PILIETEID isv CITY CLERK ann (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 # 5IECII'II®N 3IEILC@W fl IE3IE C©MPLIET EID IsY CCIIfl CLERK e'ICAWIF (When Applicable) RECORDING COMPLETED Copy attached for your file. Date 2122/O f City Clerk Staf , ' i% A-LeallPhone No. X821.03 N:\ENGR\Leon\City Clerk\Transmittal Form Easement.doc