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HomeMy WebLinkAboutProperty #: 3800 - 4/9/2013 DEED 3800 OFFICIAL RECORDS OF ORDINANCE 2913 MARICOPA COUNTY RECORDER HELEN PURCELL When recorded,mail to: ELECTRONIC RECORDING City Clerk, City of Glendale 20130367690,04/23/2013 10:13, COEOLIVE51-9-1-1--,N 5850 West Glendale Avenue Glendale, Arizona 85301 CONVEYANCE OF EASEMENT For Ten Dollars and other valuable consideration, OLIVE MARKETPLACE, L.L.C., an Arizona, limited liability company, hereby grants to the City of Glendale, an Arizona municipal corporation, an easement to install,repair, operate,maintain and remove water lines("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 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 any trees or shrubs that in the judgement of the City may interfere with the construction, operation or maintenance of said facilities. By accepting-this easement, the City of Glendale agrees to exercise reasonable care to avoid any damage to said real property above described. 1.3 Dated this friN day of ATX(2f6"- Exempt Pursuant to A.R.S. 11-1134(A)(2), 11-1134(A)(3) OLIVE MARKETPLACE, L.L.C. An Arizona limited liability company By: FD Olive, L.L.C., An Arizona limited liabiliW company, Manager By: . Schneider, Manager SWC 5l /Olive Ayes State of Arizona ) )ss. County of Maricopa ) On ' k c)01 ,before me, €h r o . 1 ka r ) . , as IA Cliv.0- (\9-4-- of OLIV MARKETPLACE, L.L.C., an Arizona limited liability company,per'sbnally appeared Say 4-. JM('40.,C , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. In witness whereof, I h reu to set my hand and official seal. By: ,,,\,,), .�;.' DEBRA J.THORNTON Notaryublic 4,-, omazone ��,'n� Y June t8 2 Exhibit 'A' Legal Description Waterline easement A portion of Lot 4 of Minor Land Division, according to Book 1023 of Surveys, Page 12, Maricopa County Recorder's Office, also being a portion of land situated in the Northeast Quarter of Section 32, Township 3 North, Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: Commencing at a Found City of Glendale Brass Cap in Handhole at the Northeast Corner of said Section 32, from which a Found City of Glendale Brass Cap in Handhole at the North Quarter Corner of said Section 32 bears North 89 degrees 36 minutes 24 seconds West, a distance of 2628.81 feet; Thence North 89 degrees 36 minutes 24 seconds West, along the North line of the Northeast Quarter of said Section 32, a distance of 517.89 feet; Thence South 00 degrees 23 minutes 36 seconds West, a distance of 65.00 feet, to a point on the Southerly Right-of-Way line of Olive Avenue, said point also being the Northeast Corner of said Lot 4; Thence South 00 degrees 23 minutes 36 seconds West, along the East line of said Lot 4, a distance of 254.83 feet; Thence North 89 degrees 36 minutes 24 seconds West, a distance of 40.55 feet, to the POINT OF BEGINNING; Thence North 89 degrees 36 minutes 24 seconds West, a distance of 253.62 feet; Thence North 00 degrees 23 minutes 36 seconds East, a distance of 20.00 feet; Thence South 89 degrees 36 minutes 24 seconds East, a distance of 233.48 feet; Thence North 00 degrees 00 minutes 04 seconds East, a distance of 99.68 feet; Thence South 89 degrees 36 minutes 24 seconds East, a distance of 28.41 feet, to a point on a westerly line of that water line easement as described in Document No. 2010-0831219, Maricopa County Recorder's Office; Thence South 00 degrees 23 minutes 36 seconds West, along said Westerly line, a distance of 20.00 feet; Any modification to or omission from this description completely absolves the surveyor from any liability for this description. 02/13/13 Page 1 of 2 O:\11038\Legals\1038xb02a.doc Thence North 89 degrees 36 minutes 24 seconds West, a distance of 8.27 feet; Thence South 00 degrees 00 minutes 04 seconds West, a distance of 99.68 feet, to the POINT OF BEGINNING. Encompassing 7,231 square feet or 0.166 acres, more or less. ` LAN' �G���F►cgrF� G See Exhibit "A" attached hereto and made a part hereof. 38864 er AMBER P3 CORR1313 9,Q _ Q,• -444 REGISTRATION EXPIRES 3/31/2015 Any modification to or omission from this description completely absolves the surveyor from any liability for this description. 02/13/13 Page 2 of 2 O:\11038\Legals\1038xb02a.doc FOUND CITY OF GLENDALE EXHIBIT FA " FOUND CITY OF GLENDALE BRASS CAP IN HANDHOLE BRASS CAP IN HANDHOLE Z NORTH 1/4 CORNER, WATERLINE EASEMENT NORTHEAST CORNER, = i:3;o SEC. 32, 1-.31\1., R.2E. _ SEC. 32, T.3N, R.2E. N89 36 24"W 2628.81' V 7 aN J x r. o ` — dJ WS 0_ 2110.92' I} _ - r r 51789' : OLIVE AVENUE o le59°1 1,-) N c n }» E co 00 , w(463 — — — — — — + — — Cry > c aTi I / — D > r O ��o fh L l �' c7z,r 1 -7 Z Z Z M J CL?,. 20' WATER EASEMENT PER ,i I DOC. /10-0831219, M.C.R. '—\ca1/4 °° Lor 5 S893624'E `" N Lor 4 2s.41 S00 23'36"W N 20.00' "'� L — — - 0 11 co cy, ca) rn L _J WLANi N- �' N89 36 24"W FL , .\ ►CA TF 43 c:1) *8 .27' 651- 'yo SCALE. 1'=60' o0 0 38864 AMBER 233.48' \ o CORY 1 _f_ l 9,p<1-.4,,Nrip:1- •P• P.O.B.ii(r) , 20.00' N8936 24"W 253.62' ' , Atiolik c.,Q REGISTRATION EXPIRES 3/31/2015 m L LOT 4 N89°36 24"W 03 40.55' o 0 GRAND CANYON TITLE AGENCY OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER When Recorded Return to: HELEN PURCELL 20100079018 01/29/2010 03:20 Olive Marketplace,LLC ELECTRONIC RECORDING 4110 N.Scottsdale Road,Suite 125 45001628-4-3-2-- Scottsdale,Arizona 85251 Attn: Jay R.Schneider Sotor Grand Canyon Title Agency Escrow No.45001628-045-SSH EXEMPT FROM AFFIDAVIT OF LEGAL VALUE PER A.R.S.§11-1134.A.7 SPECIAL WARRANTY DEED FOR VALUABLE CONSIDERATION, receipt and sufficiency of which are forever acknowledged, HAYSCALE, L.L.C., an Arizona limited liability company ("Grantor"), conveys to OLIVE MARKETPLACE LLC, an Arizona limited liability company, the following described real property situated in Maricopa County, Arizona,together with all rights and privileges appurtenant thereto: See the legal description set forth in E 'bit"A"attached and incorporated by this reference(the "Property"). SUBJECT ONLY TO those matters set forth on Exhibit"B" attached hereto and incorporated by this reference. Grantor warrants the title to the Property against all acts of Grantor and no other. DATED this 7 day of December,2009. GRANTOR: HAYSCALE,L.L.C., an Arizona limited liability company • Mari .Hurley,Its Manager Authorized Agent STATE OF ARIZONA ) )ss. County of Maricopa ) The foregoing instrument was acknowledged before me this 7,—�day of December,2009,by Marian E.Hurley, as Manager and Authorized Agent of HAYSCALE,L.L.C.,an Arizona limited liability company,on behalf of the company. ddi c.),1-4-77Notary Public My Commission expires; r ° '" LA-3 .3 ara i. ��'�t�,a ;ry Ir�'�i Nn �PuA11C Sp{,RSe L(P�u.+i)a � ���� �/ �' l iTL.� �iJp CCU.' 9 �w�V �'�4T!///Aj • — 02-27-42- Order: 2-27/2- Order:CT1106108 Doc: MP:2010 00079018 Ntih Itface.tii Created By:d.caldamez Printed: 08/05/2011 1:15:16 PM UMST 20100079018 EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY PARCEL NO.1: The Northeast quarter of the Northeast quarter of Section 32,township 3 North,Range 2 East,of the Gila and Salt River Base and Meridian,Maricopa County,Arizona; EXCEPT that part of the Northeast quarter of the Northeast quarter of Section 32,Township 3 North,Range 2 East of the Gila and Salt River Base and Meridian,Maricopa County,Arizona,being more particularly described as follows: BEGINNING at a point 40 feet South and 33 feet West of the Northeast quarter of the above-described parcel; Thence West parallel with and 40 feet South of the North line of said Northeast quarter of the Northeast quarter a distance of 52 feet to a point; Thence Southeasterly to a point 85 feet South and 45 feet West of said Northeast corner of the Northeast quarter of the Northeast quarter; Thence South parallel with and 45 feet West of the East line of said Northeast quarter of the Northeast quarter to a point on the South line thereof; Thence East along said South line a distance of 12 feet to a point 33 feet West of the Southeast corner of said Northeast quarter of the Northeast quarter; Thence North parallel with and 33 feet West of said East line to the POINT OF BEGINNING;and also EXCEPT that portion conveyed to the City of Glendale by Deed recorded January 28,2000 as 00-0067881. PARCEL NO.2: TRACT A,WILLOWBROOK,according to Book 190 of Maps,page 37,records of Maricopa County,Arizona. EXCEPT that portion conveyed to the City of Glendale by Deed recorded January 28,2000 as 00-0067881. PARCEL NO.3: TRACT A,WINDSOR SQUARE ESTATES,according to Book 249 of Maps,page 14,records of Maricopa County, Arizona. EXCEPT that portion conveyed to the City of Glendale by Deed recorded January 28,2000 as 00-0067881. NOTE: COLLECTIVELY,THE ABOVE DESCRIBED PARCEL NOS. 1,2 AND 3 ARE ALSO KNOWN AS: Lots 2 and 3,MINOR LAND DWISION/LOT SPLIT,according to Book 1023 of Maps,Page 11,records of Maricopa County,Arizona; AND Lots 4,5 and 6,MINOR LAND DIVISION/LOT SPLIT,according to Book 1023 of Maps,Page 12,records of Maricopa County,Arizona. PARCEL NO.4: Non-Exclusive easements as granted in Easements with Covenants and Restrictions Affecting Land recorded December 2,2009 as 2009-1104945,of Official Records. Order:CT1106108 Doc: MP:2010 00079018 wig&of* Created By: d.galdamez Printed:08/05/2011 1:15:16 PM UMST1 20100079018 EXHIBIT"B" PERMITTED EXCEPTIONS 1. Reservations contained in the Patent from the United States of America,reading as follows: Subject to any vested and accrued water rights for mining,agricultural,manufacturing,or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs,laws and decisions of courts,and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom,should the same be found to penetrate or intersect the premises hereby granted,as provided by law. 2. Water rights,claims or title to water,whether or not shown by the public records. 3. The liabilities and obligations imposed upon said land by reason of:(a)inclusion thereof within the boundaries of the Salt River Project Agricultural Improvement and Power District;(b)membership of the owner thereof in the.Salt River Valley Water Users'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. 4. Easements,reservations,conditions and set-back lines as set forth on the plat recorded in Book 190 of Maps,Page 37,but deleting any covenant,condition or restriction indicating a preference,limitation or discrimination based on race,color,religion,sex,handicap,familial status or national origin to the extent such covenants,conditions or restrictions violate 42 USC 3604(c). 5. Easements,reservations,conditions and set-back lines as set forth on the plat recorded in Book 249 of Maps,Page 14,but deleting any covenant,condition or restriction indicating a preference,limitation or discrimination based on race,color,religion,sex,handicap,familial status or national origin to the extent such covenants,conditions or restrictions violate 42 USC 3604(c). 6. An easement for power distribution and incidental purposes,recorded as 2004-0270868 of Official Records. 7. An easement for Irrigation and incidental purposes,recorded as 2004-0371375 of Official Records. 8. The terms,conditions and provisions contained in the document entitled"Olive Marketplace-51"Avenue and Olive Settlement Agreement"recorded 06-03-2004 as 2004-0629831 of Official Records. 9. The terms,conditions and provisions contained in the document entitled"Easement"recorded 11-24-2008 as 2008-1005182 of Official Records. 10. An easement for electric lines and poles and underground conduits and incidental purposes,recorded as 2009-0839126 of Official Records. 11. The effect of a map purporting to show the land recorded in Book 1023 of Maps,Page 11. 12. The effect of a map purporting to show the land recorded in Book 1023 of Maps,Page 12. 13. INTENTIONALLY DELETED. 14. All matters,liabilities and obligations set forth in Easements with Covenants and Restrictions Affecting Land recorded December 2,2009 as 2009-1104945 of Official Records,but deleting any covenant, condition or restriction indicating a preference,limitation or discrimination based on race,color,religion, Order:CT1106108 Doc: MP:2010 00079018 Filth 13ASP41 Created By: d.naldamez Printed: 08/05/2011 1:15:17 PM UMSTI 20100079018 sex,handicap,familial status,or national origin,to the extent such covenants,conditions or restrictions violate Title 42,Section 3604(c),of the United States Codes. 15. The rights of parties in possession by reason of any unrecorded lease or leases or month to month tenancies affecting any portion of the within described property. 16. The following matters disclosed by an ALTA/ACSM survey made by Clyde J.McCarty on 11-20-09, designated Job No.20397.01.03: a. Earth Irrigation Ditch adjacent to the Northerly line 17. The terms,conditions and provisions contained in the document entitled"Memorandum of Development Agreement"recorded December 2,2009 as 2009-1104944 of Official Records. Order:CT1106108 Doc: MP:2010 00079018 INitiii or)A1 Created By:d.oaldamez Printed: 08/05/2011 1:15:17 PM UMSTI CITY OF GLENDALE CITY CLERK DEPARTMENT DIGITAL RECORDING TRANSMITTAL FORM SECTION BELOW TO BE COMPLETED BY DEPARTMENT Date 4/18/13 Employee Name Mark Ivanich Employee ID # 08762 Department/Division Engineering Phone Number 3654 Description of document: Declaration of Public Waterline Easement at SWC of 51St/Olive Avenues PLEASE PROVIDE COPY OF RECORDED DOCUMENT 01,CUMN 1 I JL©W TCD 131 03MTIETED 13U CLIVI LY'CLERK ErWIF (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 # BLEC `Il II@W I*I IL©W 7M 131 C CI I ILIA LSI IDD MY OM MIME E 1 I (When Applicable) RECORDING COMPLETED 4- 2 (3 Copy attached for your file. At Date 4,a?3113 City Clerk Staff Phone No. 3 2(Q