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HomeMy WebLinkAboutProperty #: 3663 - 4/16/2008 DEED 3663 ORDINANCE 2663 When recorded, mail to: City Clerk, City of Glendale OFFICIAL RECORDS OF 5850 West Glendale Avenue MARICOPA COUNTY RECORDER HELEN PURCELL Glendale, AZ 85301 ELECTRONIC RECORDING 20080446024,05/20/2008 02:56, COEPENDERGAST-5-1-1--,N CONVEYANCE OF EASEMENT For Ten Dollars and other valuable consideration, Pendergast Elementary School District No. 92 of Maricopa County, a political subdivision of the State of Arizona ("Grantor"), does hereby convey to the City of Glendale, and Arizona Municipal Corporation ("Grantee"), an easement to install, repair, operate, maintain and remove under ground water and sewers 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 said property (together the "Easement Property"), and with the right to use the twenty (20) feet of land adjacent to the Easement Property during temporary periods of construction; the right to operate, repair, replace, maintain, and remove Facilities and appurtenances from the Easement Property; to add to or alter said Facilities at any reasonable time; and to trim or remove and trees or shrubs on the Easement Property that in the reasonable judgment of the City interfere with the construction, operation or maintenance of said Facilities. This easement shall be exclusive, provided however, that Grantor retains the right to grant access and drainage easements over the surface of the Easement Property that do not restrict Grantee's rights or preclude Grantee's use of the Easement Property. By accepting this easement, the City of Glendale agrees to exercise reasonable care to avoid any damage to the Easement Property and surrounding Grantor's property. Grantee agrees to repair and restore any damage to Grantor's real property caused by the use of Grantor's real property by Grantee for temporary periods of construction related to the installation or repair of the Facilities. At the expiration or termination of this easement, Grantee, at its sole expense, shall repair and restore the Easement Property and surrounding Grantor's property to a like or equivalent condition as existed immediately prior to the first use of the Easement Property by Grantee, its authorized agents, contractors or assigns, pursuant to this easement for the purposes stated herein, and Grantee shall indemnify, defend and hold harmless Grantor for any damages, claims or losses, including without limitation litigation costs and fees, arising from the negligent use or intentional misuse of the Easement Property and surrounding Grantor's property by Grantee, its authorized agents, contractors or assigns, during the period that this easement is in effect. The aforementioned indemnification shall survive the expiration or termination of this easement. In the event any legal or other proceeding is instituted by any party in connection with this Agreement, the costs, expenses and fees, including but not limited to reasonable attorneys' fees and costs, incurred by the prevailing party in any such proceeding shall be assessed against and paid by the other party, and shall be included in any judgment obtained by the prevailing party. Grantor retains the right to use the Easement Property for any use Grantor deems necessary to complete Grantor's improvements to Grantor's property and the surrounding area, provided that Grantor's use does not unreasonably interfere with the easement and rights granted to Grantee hereunder. In the event Grantor's necessary use of the Easement Property would unreasonably interfere with Grantee's rights and use of the Easement Property, the parties agree to use good faith efforts to coordinate their uses of the Easement Property so as to allow both parties to use the Easement Property for their necessary purposes with as minimal delay and interference as possible to both parties' projects. Dated this /to day of G /_ _ , 200$ Pendergast Elementary School District No. 92 of Maricopa County, a political subdivision ofthe State of Arizona By: • Its: /tsa , dr—X.44Q— Exempt Pursuant to A.R.S.§11-1134 (A)(2), 11-1134(A)(3) State of Arizona ) ) ss. County of Maricopa ) The foregoing instrument was acknowledged before me this 14 day of ApjLJ , 200 o,� by f'u t.., Mit , who acknowledged himself to be the (Lath 44444:44—or Pendergast Elementary School District No. 92 of Maricopa County. a pol tical bdi ision of the State of Arizona. Aaiun., �wt.. otary Pu.'P My commission expires: 0.4144.44- 7) .2009 OFFICIAL SEAL TAMMY J. BLANCHARD per, NOTARY PUBLIC•AOIZONA `s MARICOPA COUNTY tl/Comm.EsABes August 7.2009 779326.2 TM RICK ENGINEERING COMPANY June 22, 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 flush found marking the center quarter section corner for said Section 16, from which A brass cap in hand hole found marking the South quarter corner of said Section 16 bears South 02 degrees 20 minutes 26 seconds West, 2641.72 feet; THENCE South 02 degrees 20 minutes 26 seconds West, along the central quarter section line of said Section 16, a distance of 671.66 feet; THENCE North 89 degrees 59 minutes 59 seconds East, along the South line of a parcel of land conveyed to Pendergast Elementary School District No. 92 of Maricopa County as recorded in Document No. 2002-0518759,Maricopa County Records, a distance of 33.03 feet to the POINT OF BEGINNING; THENCE North 02 degrees 20 minutes 26 seconds East, along the East line of a 20.00 foot wide Sewer Easement conveyed to the City of Glendale as recorded in Document No. 2003-0113337, Maricopa County Records, a distance of 13.71 feet; THENCE South 89 degrees 58 minutes 56 seconds East, 35.03 feet; THENCE South 02 degrees 20 minutes 26 seconds West, 13.70 feet; THENCE South 89 degrees 59 minutes 59 seconds West, along the aforementioned South line, a distance of 35.03 feet to the POINT OF BEGINNING, as shown on Exhibit "A" attached herewith as pages 2 and 3 of 3. Subject parcel comprising 480 square feet, more or less, and subject to all easements of record. n I C? 4c�{ v \41 „, 28409 ¢ STEVEN C. ;p /1 t3 BURFORD • r� I 4#/zoNA,11 S1”. PAGE 1 OF 3 30PUE2-RI doc 6150 North 16th Street • Phoenix,Arizona 85016-1705 • (602)957-3350 • FAX:(602)285-2396. • rickengineering.com PHOENIX TUCSON SAN DIEGO RIVERSIDE ORANGE SACRAMENTO S. 1/4 COR. SEC. 16, T-2-N, R-1 -E CENTER 1/4 COR. FD. M.C.H.D. B.C.H.H. N 89'59'59"E SEC. 16, T-2-N, 33.03' R-1-E FD. B.C.F. r — ThsS o2'2o'26"w 2641.721M) — — _ P.0.13:-.,, 1- - - -- - 671.66 IQ I __L41 20' EWER T I� I DOCSNO. 2003-011,3337 I "`LLL 555 d I big d I I 0 I I m I Ira I 51 I PROPPOSED WATER & SEWER- --4--.-1 EASEMENT ��II DZD SCALE 1" = 100' PENDERGAST ELEMENTARY SCHOOL DISTRICT NO. 92 OF MARICOPA COUNTY DOC. NO. 2002-0518759, M.C.R. EXHIBIT "A" PAGE 2 OF 3 LINE TABLE Course Bearing Distance L1 N 02'20'26" E 13.71' L2 S 89'58'56" E 35.03' L3 S 02'20'26" W 13.70' L4 S 89'59'59" W 35.03' LEGEND (M) — INDICATES MEASURED FD. — INDICATES FOUND. B.C.F. — INDICATES BRASS CAP FLUSH B.C.H.H. — INDICATES BRASS CAP IN HAND HOLE M.C.H.D.— INDICATES MARICOPA COUNTY HIGHWAY DEPT. EXHIBIT " A" PAGE 3 OF 3 Digital Recording I reeview-Admin-Microsoft Internet Explorerrr r.7 — ,� - ggIII -- p -- - I 1 i 1r u , I , i�ng I ,.. ,1 liwi - � ' I °f BIrV��fi I 1f�I i lull@It' ':,>'~ l I w I t Me p 7 m I v I l p 9 'I" I E pi, I s , ,I ' . k �� it ie Ill ! sC Ma�m(j_� }��� I IClill l�'sill � .��;.rn �� "dil IIIc fllll'II'r i°ii u1�a�°lalif8s"�d'M1�Puii�}�rI4�6 � 4151 https 1lrecorder.matcopa.govJDiy[dRecardingJDRadmin aspx7ca,Date 511312008 ®r" " bn if lll !,,.'.4J r l'l[ k yI{��yislii {� I n, n9 I. 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I?i,:I }ppNtii,i,...;l'pn i � Iil1,11.1{1,....„_,.--::.:I '. di:a� fltf4xj I St4`YI. e+''. . cor x`is Tra ? i�l i1fll tipitkll'IYrt� �*`.III }{tt17 � `< 18,I� ii' CITY OF GLENDALE 3�6 CITY CLERK DEPARTMENT DIGITAL RECORDING TRANSMITTAL / SECTION BELOW TO BE COMPLETED BY DEPARTMENT 5/ b Date 05/13/2008 Employee Name Leon Graton Employee ID # 12685 1 Department/Division Engineering Phone Number 623-930-3651 Description of document: Conveyance of Easement—Water and Sewer Line—Pendergast Elementary School District No. 92 of Maricopa County to City of Glendale — North of Camelback Road east side of 95th Avenue §CIIII©N IFP17.©W fl 1931E CC©IviONLIE ©I931Y©llif Y CLERK aflIFIP (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 # SIE(CTII©IV I:1IEIL©W¶©IR31F COMIPI E°TIEI➢ C11TY=IRK DUACTS (When Applicable) RECORDING COMPLETED C/20/0512 Copy attached for your file. Date S/3f1) ity Clerk Staff Phone No. 54-a l b N:\ENGR\Leon\City Clerk\Transmittal Form Easement.doc CDE Pl✓N1)E1RG-RST 5-. I -1