HomeMy WebLinkAboutProperty #: 3774 - 11/5/2010 Deed 3774/0-2775
OFFICIAL RECORDS OF
When recorded, mail to: MARICOPA COUNTY RECORDE
HELEN PURCELL
20101035891 11129/2010 11:50
City Clerk, City of Glendale 18001313-5-1-1—
5850 West Glendale Avenue Suite 455 ELECTRONIC RECORDING
Glendale, Arizona 85301
I I) SPECIAL WARRANTY DEED
21800-10-01313
For the consideration of Ten and 00/100 Dollars, and other valuable considerations
ALHAMBRA SCHOOL DISTRICT #68, a political subdivision of the State of Arizona, the
GRANTOR herein, does hereby convey to the CITY OF GLENDALE, an Arizona municipal
corporation, the GRANTEE, the following described property situate in Maricopa County,
Arizona:
See Exhibit"1"attached hereto and make a part hereof.
SUBJECT TO the matters set forth on Exhibit "2" attached hereto and made a part
hereof.
Dated this 5 day of No J , 2010.
FURTHER, THE REAL PROPERTY IS CONVEYED SUBJECT TO AND
ENCUMBERED BY, AND GRANTOR HEREBY ESTABLISHES the use restrictions and
other covenants running with the land set forth on Exhibit"3" attached hereto and made a part
hereof.
And the Grantor binds itself and its successors to warrant the title against its acts and
none other, subject to the matters above set forth.
Dated this 5- day of No(// , 2010
Exempt Pursuant to A.R.S. § 11-1134(A)(3)
ALHAMBRA SCHOOL DISTRICT#68,
a political subdivision of the State of Arizona
By: �—
Name: Doug Virgil
Its: Assistant Superintendent
STATE OF ARIZONA )
) ss.
County of Maricopa )
This instrument was acknowledged before me this —day of )' ®Tem h 2010, by
Doug Virgil, the Assistant Superintendent of Alhambra School District #68, a political
subdivision of the State of Arizona, on behalf of the district.
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EXHIBIT 1
LEGAL DESCRIPTION FOR
NEW RIGHT OF WAY
That portion of the Northwest quarter of Section 16, Township 2 North, Range 2 East, of the Gila
and Salt River Meridian, Maricopa County, Arizona, being more particularly described as
follows:
COMMENCING at the North quarter corner of said Section 16 (metal rod in handhole);
thence South 00°26'29" West, 2548.48 feet along the North-South mid-section line of said
Section 16 to the Northeast right of way of Grand Avenue;
thence departing said mid-section line North 44°33'15" West, 705.25 feet along said Northeast
right of way to a corner of that particular parcel of land according to Instrument No.
2001-0187410, records of Maricopa County, Arizona, said corner also being the POINT OF
BEGINNING;
thence continuing North 44°33'15" West, 1184.67 feet along the line common to said Northeast
right of way of Grand Avenue and said particular parcel to a corner of said particular parcel;
thence departing said right of way North 00°27'09" East, 15.55 feet along the West line of said
particular parcel;
thence departing said West line South 44°33'15" East, 1187.92 feet;
thence South 85°50'41" East, 10.31 feet to the Southeast line of said particular parcel;
thence South 45°26'45" West, 17.81 feet along said Southeast line to the POINT OF
BEGINNING.
Said New Right of Way contains 13,118 square feet or 0.3012 acres more or less.
18
EXHIBIT 2
(Permitted Exceptions)
1. The liabilities and obligations imposed upon said land by reason of: (a) its inclusion thereof within
boundaries of the Salt River Project Agricultural Improvement and Power District; (b) membership of the
owner in the Salt River Valley Water User's Association, an Arizona corporation; and (c)the terms of any
Water Right Application made under the reclamation laws of the United States for the purpose of
obtaining water rights for said land
(All assessments which are due and payable have been paid.)
2. All matters as set forth in Amended Results of Survey recorded in Book 578 of Maps, Page 10.
3. ANY ACTION that may be taken by the Department of Transportation to acquire right of way for State
Highway as disclosed by Resolution of Intent:
Recorded in Document No. 00-0106452.
4. The rights, if any, of the State of Arizona, or any legal subdivision thereof, or of the public, in and to any
portion of said land which may lie within any right-of-way or purported right-of-way of Grand Avenue,
whether established by instruments of record or by the use of said land for public road or street purposes.
5. Use restrictions and other covenants as set forth on Exhibit"3" attached hereto and made a part hereof.
EXHIBIT 3
Grantee Covenants. This conveyance is made upon the express condition and covenant
which is hereby declared to run with and bind the land hereby conveyed,that:
1. No Fence or Wall. Grantee shall not construct any fence, wall, barrier or similar
structure, other than the existing cable barrier system, on the property herein conveyed.
2. Enforcement. This restriction shall be enforceable by the Grantor herein, or by its
successors, or by the then owner of any lot or parcel of land adjoining the property herein
conveyed, by means of an injunction against any other use.
3. Attorneys' Fees. In the event of any controversy, claim or dispute between the
parties relating to this covenant or the breach thereof, the prevailing party shall be entitled to
recover from the other party actual attorneys' fees, court costs and litigation expenses incurred in
connection therewith.