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HomeMy WebLinkAboutProperty #: 3642 - 2/26/2008 I DEED 3642 ORDINANCE 2647 WHEN RECORDED MAIL TO: OFFICIAL RECORDS OF SALT RIVER PROJECT MARn'OFACOUNTY RECORDER Land Department/PAB348 HELEN PURCELL P. O. Box 52025 20080170158 2/27/200811:20 AM ELECTRONIC RECORDING Phoenix, Arizona 85072-2025 200810845-7-1-1- RIGHT OF WAY LICENSE Maricopa County R/W No. 109 Agt. PJH Wa79 Cesv KNOW ALL MEN BY THESE PRESENTS: That for the consideration of One ($1.00) Dollar and other valuable considerations, SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, Licensor, hereby grants to the CITY OF GLENDALE, an Arizona municipal corporation, Licensee, a Right of Way License ("License") conveying the nonexclusive right and privilege to enter upon and use property situated in the County of Maricopa, State of Arizona and described in Exhibit "A" ("Licensed Property") for the following purposes: See Exhibit "A", pages 1-2, attached hereto and by reference made a part hereof for roadway, landscaping and water utility purposes and Exhibit "B", attached hereto and by reference made a part hereof for sidewalk purposes. This License is subject to the paramount rights of the United States of America ("USA") in and to the Licensed Property, federal reclamation law, and all agreements existing and to be made between and among the U.S.A., the Salt River Valley Water Users' Association ("Association") and Licensor regarding the management, care, operation and maintenance of the Reclamation Project. The License herein granted shall be subject to the following additional conditions: 1) Licensor shall retain the prior right to construct, reconstruct, operate and maintain its existing and future irrigation, electrical and telecommunication facilities within the Licensed Property herein granted. 2) This License is nonexclusive and nothing herein shall be construed to prevent or restrict Licensor from granting other privileges to use the Licensed Property in a manner not inconsistent with Licensee's use of the Licensed Property in accordance with this License. 3) Licensor shall not be liable for any expense, cost or charge arising from Licensee's exercise of rights granted herein. Licensee shall reimburse Licensor for all costs and expenses incurred by Licensor to remove or relocate irrigation or electrical facilities and landscaping to accommodate the purposes for which this License is issued. 4) Prior to making any improvements or requesting any proposed alteration to existing structures within the Licensed Property, Licensee shall submit plans for Licensor's approval. Such approval shall not be unreasonably withheld. 5) To the extent not prohibited by law, Licensee, its successors and assigns, shall indemnify, release, and hold harmless Licensor, Association and the United States of America, and the directors, officers, employees, agents, successors and assigns thereof, against and from any claim, demand, lawsuit or action of any kind for damages or loss, whether such damage or loss is to person or property, arising out of: (a) acts or omissions of Licensee, its agents, officers, directors, or employees: (b) Licensee's use or occupancy of the Licensed Property for the purposes contemplated by this License, including but not limited to claims by third parties who are invited or permitted onto the Licensed Property, either expressly or impliedly, by Licensee or by the nature of Licensee's improvement or other use of the Licensed Property pursuant to this License; (c) Licensee's failure to comply with or fulfill its obligations established by this License or by law. Such obligation to indemnify shall extend to and encompass all costs incurred by Licensor in defending against such claims, demands, lawsuits or actions, including but not limited to attorney, witness and expert witness fees, and any other litigation related expenses. Licensee's obligation pursuant to this Section shall not extend to liability attributable to the sole exclusive negligence or willful action of Licensor, its directors, officers, employees, agents, successors or assigns for which Licensor shall indemnify Licensee. The provisions of this Section shall survive termination of this License. 6) The License herein granted is subject to all prior licenses, leases, and easements of record. 7) Either party may terminate this License without cause upon not less than 360 days written notice. J 1 j IN WITNESS WHEREOF, the parties hereto have executed this License this"f day of j , 20 Occ--. LICENSOR: SALT RIVER PROJECT AGRICULTURAL TIPROVEMENT AND POWER DISTRICT / •Its: 411... Les /Lf4..iot /7 city / STATE OF ARIZONA ) ) ss. County of Maricopa On this ZL day of j Aovt&oN y , 20 016 , the foregoing instrument was acknowledged before me by -.Wc.l CA•i l vn ove . a Lano1 RY.r i- of the Land Department, SALT RIVER PROJECT AGRICULTURAL IMP�VEl\ NT DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona ("SRP"), on behalf of SRP. My Commission Expires: Shasta M Smith NOTARY PUBLIC••ARIZONA • MARICOPA COUNTY • commission res , 1 .+ "'�ePremuer�a�io ;, otarr Public { 1 IN WITNESS WHEREOF. St al KQva Ka 1,13h/ Has caused its name to be executed by its duly authorized representati (s), this lib.day of „be ru /icy APPROVED AS TO FORM LICENSEE: CITY OF GLENDALE. an Arizona municipal corporation City Attorney , By 1)6)-------/C..0-ut CIiy 1!aYIaL�jed" ATTEST. / l Al r .16 ..r.•' ctty Cierj STATE OFAiQ(dna) COUNTY OF IVV�Y.t ceap )) ss The forgoing instrument was acknowledged before me this 16-±- day of ��.L�YI,IQu�y , 20_01_ by POW Iowan auah, , as V 1 61124, CB•�i4 Of glendalt , on behalf of such corporation. My Commission Expires:.-u(f. 20146J 2011t it/OFFICIAL SEAL „Notar t blic � 'A TIFFANY A. HUSKEY T (Pi ' ' NOTARY PUBLIC • mate of Arizona *.' MARICOPA COUNTY My Comm. Expel Aug. 29, 2011 Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections 11-1134(A)(2) and (A)(3). PM-112103 License Right of Way USA Fee Prop . EXHIBIT "A" October 16, 2007 Rick No. 3671 LPB DESCRIPTION A portion of the Southeast quarter of Section 16,Township 2 North, Range 1 East, Gila and Sall River Meridian, Maricopa County, Arizona;being more particularly described as foiioo,s. COMMENCING at a brass cap in hand hole marking the East quarter corner of said Section 16, from which a brass cap flush marking the center quarter section corner of said Section 16 bears. South 89 degrees 59 minutes 59 seconcLs West,2658.52 feet and also from }which a brass cap in hand hale narking the Southeast corner of said Section 16 bears South 02 degrees OS minutes 23 seconds West, 2642.20 feet; THENCE South 89 degrees 59 minutes 59 seconds West, along the North line of said Southeast quarter of Section. 1.6, a distance of 274.07 feet to the POINT OF BEGINNING; THENCE South 44 degrees 59 minutes 59 seconds West, 23.33 feet; THENCE South 89 degrees 59 minutes 59 seconds West, along the South line of a 16.5 foot U.S.A. Fee Title tract, a distance of 106.06 feet; THENCE :North 45 degrees 00 minutes 01 seconds West, 23.33 feet; THENCE North 89 degrees 59 minutes 59 seconds East, along said North line, a distance of 139.06 feet to the POINT OF BEGINNTNG, as shown on Exhibit"A" attached herewith as page 2 of 2. Subject parcel comprising 2022 square feet,more or less,and subject to all casements of record. o r 6x09 e • sTevaH a z' i. orf BURFORD '91tantA, S ' PAGE I OF Z 36?l-1NG EG,2l.doa 6150 North leith Street - Phoenix,Arizona-650LGi'05 .. (602)957-3350 • PAK.(602)285-2396 • rickengineenng.con PHOENIX TUCSON SAN DIEGO RIVERSIDE ORANGE SACRAMENTO SAN LOIS OBISPO BAKERSFIELD 0., 1/4 CUR. SEC is, E. 1/4 •COR, SEC 16, T-2-N, R-1 -E T-2-N, R-1-E FD. B.C.F. 22282 FD. M.0 H D, B.C.-.H. MISSOURI AVENUE 544;59'591U Al N89`59'59"E 2658.52 (M) 23.33' N89-59'591'8 139.06' es, 274.07' "r — $ li 16. ' US.,A. Err T1TLF S89'59 59nVvr 106.06' \ ED. RB. I CAP I I I N4-500'01''W I , 23,33' 2 1 pr.4 i 41S H H / I >. N 1 4 Z < , N E4 HI I ( PROPOSED: COPPER COVE - PHASE 1 az 2 I N a 24 w / Z I / I . 24 _...- ...... 4:i I Ill) I „,...A S.E. COR. 5E016, T-2-N, R-1 - E FD. M.C.H.D B O.H.H. Li SCALE 1" = 40' IX - IBIT " A" PAGE 2 OF 2 EXHIBIT "B" LEGAL DESCRIPTION A portion of that certain strip of land 16 1/2 feet in width conveyed to the United States of America by that certain Quit-Claim Deed recorded in Book 118 of Deeds, page 384, Maricopa County Records, located within the Southeast Quarter of Section 16, Township 2 North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona; more particularly described as follows: That portion lying within the North 16 % feet of the East 300 feet of said Southeast Quarter. 3Z7/ °K4 CITY OF GLENDALE a R7- 0k CITY CLERK DEPARTMENT DIGITAL RECORDING TRANSMITTAL FORM SECTION BELOW TO BE COMPLETED BY DEPARTMENT Date 03/03/2008 Employee Name Leon Graton Employee ID # 12685 Department/Division Engineering/Real Estate Services Phone Number 3651 Description of document: RIGHT OF WAY LICENSE n (SRP) to the city—92"a and Missouri Avenues, Copper Cove subdivision NOTE: This document has already been recorded by others! CIEC TION IsIEiI®W Th fl COMELIETED EBB CCM CIL=eThW F (When Applicable) RECO ' . G NOT COMPLETED We were not a: to complete the recording of your documents for the re. ins stated below. Please m. the corrections and return the document with this Date City Clerk Staff Phone No. SECTION BELOW TO BE COMTED BY DEPARTMENT (Whe .p .ble) Corrections Made Comments Date E . oyee Name mployee ID # ZIEC ©' I2IEUDWY TM ISE COYPU=111W CCM( CEA YK I'AIF (When Applicable) RECO ' G COMPLETED Copy ached for your file. <te City Clerk Staff Phone No.