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HomeMy WebLinkAboutProperty #: 3797 - 11/30/2012 Deed 3797/0-2840 OFFICIAL RECORDS OF recorded mail MARICOPA COUNTY RECORDER When to: HELEN PURCELL City Clerk, City of Glendale ELECTRONIC RECORDING 5850 West Glendale Avenue 20121104427,12/05/2012 10:49, Glendale, Arizona 85301 COE6800N95SEWWAT-6-1-1--,N CONVEYANCE OF EASEMENT (Water and Sewer) For Ten Dollars and other valuable consideration. I or we, Outlets at Westgate, LLC ("Grantor"), hereby grant to the City of Glendale ("City"), an Arizona Municipal Corporation, a non-exclusive easement to install, repair, operate, maintain and remove water and sewer lines ("facilities") upon, over and under the surface of the following described property(the "Easement Area"): See Attached Description, Exhibit"A" Together with the non-exclusive right of ingress and egress to, from, across and along the Grantor's property upon which the Easement Area is located("Grantor's Property") over paved roadways as such exist from time to time, and with the non-exclusive right to use lands adjacent to said Easement Area during temporary periods of construction with the prior consent of Grantor;the right to operate, repair, replace, maintain, and remove facilities and appurtenances from said Easement Area; to add to or alter said facilities at any reasonable time following reasonable notice to Grantor; and to trim or remove trees or shrubs that in the judgment of the City may interfere with the construction, operation or maintenance of said facilities. By accepting said easement, the City of Glendale agrees to exercise reasonable care to avoid any damage to said real property above described. This Conveyance of Easement is subject to the terms and conditions set forth on Exhibit"B" attached hereto and made a part hereof. Dated this afith day of N ovary-4)0,r . 2012 Outlets at Westgate, LLC By: Tanger Phoenix, LLC, its Managing Member By: Tanger Devco, LLC, its Manager By: --4 _ Thomas E. cDonough, Vice President Exempt Pursuant to A.R.S. §11-1134(A)(2), 11-1134(A)(3) 6800 N. 95th Avenue STATE OF NORTH CAROLINA ) ) ss. County of Guilford ) Vin The foregoing instrument was acknowledged before me this :3b" day of _ m fr,a-a..._2..0241 ., 2012 by Thomas E. McDonough, Vice President of Tanger Devco, LLC, the Manager of Tanger Phoenix, LLC, the Managing Member of Outlets at Wes_t_ga_t• Ail elaware Limited Liability Company. Notary Pu My commission expires: ___I 9,3 i .01‘iliiimit„ <e N ".,0"°".,0,'<-,e::•:.. fillri cap i*F.:. 1 **... 08 L\C-1 4)`- •/ $' V*i 0.°*****°°.'ck iiiiit%%to' Exhibit"A" to Conveyance of Easement Description of the Easement Area [Description follows consisting of 2 pages] LEGAL DESCRIPTION TANGER OUTLETS PUBLIC WATER AND SEWER DATE 10-26-12 LINE EASEMENT JOB NO.2011-170 GLENDALE, ARIZONA PAGE '1 of 1 AN EASEMENT OVER A PORTION OF LOT 12A-2 OF THE MINOR LAND DIVISION FOR OUTLETS AT WESTGATE, LLC, ACCORDING TO BOOK 1127 OF MAPS, PAGE 11, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 1 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN. MARICOPA COUNTY,ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 12E-1 OF SAID MINOR LAND DIVISION FOR OUTLETS AT WESTGATE, LLC,ACCORDING TO BOOK 1127 OF MAPS, PAGE 11, RECORDS OF MARICOPA COUNTY, ARIZONA; THENCE SOUTH 88 DEGREES 12 MINUTES 21 SECONDS WEST;ALONG THE NORTH LINE OF SAID LOT 12E-1, A DISTANCE OF 139.63 FEET TO THE NORTHWEST CORNER OF SAID LOT 12E-1; THENCE SOUTH 01 DEGREES 45 MINUTES 44 SECONDS EAST,ALONG THE WEST LINE OF SAID LOT 12E-1, A DISTANCE OF 15.99 FEET; THENCE SOUTH 88 DEGREES 12 MINUTES 21 SECONDS WEST, DEPARTING SAID WEST LINE OF LOT 12E-1,A DISTANCE OF 172.12 FEET; THENCE NORTH 00 DEGREES 57 MINUTES 25 SECONDS WEST,A DISTANCE OF 20.00 FEET; THENCE NORTH 88 DEGREES 12 MINUTES 21 SECONDS EAST,A DISTANCE OF 311.47 FEET TOA POINT ON THE WESTERLY RIGHT OF WAY OF 95'"AVENUE; THENCE SOUTH 01 DEGREES 47 MINUTES 39 SECONDS EAST, ALONG SAID WESTERLY RIGHT FO WAY OF 95TH AVENUE, A DISTANCE OF 4,01 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED. vo VA t_ 35633 Ic), JASON A t G NNE_RI f Survey Innovation Group,Inc. 7301 Evans Road,Scottsdale,AZ 85260 H:Vobs12011`'2011-170-SEC SR101 &GLENDALE AVEIDOCSILEGALS\WATER AND SEWERLINE EASEMENT 10-26-12.doc Exhibit"B" to Conveyance of Easement 1. The facilities will be installed underground whenever practical. 2. Grantor, its successors and assigns, reserve the right to full and exclusive use of the Easement Area including above surface, sub-surface and surface use that does not unreasonably interfere with the easement and the rights granted herein including the right to build and use the surface of the herein granted easement for other utilities, drainage ditches, driveways, walks, fences, irrigation systems, gardens, lawns, planting or parking areas, and other like uses. 3. City, by accepting the easement and the rights granted herein(which acceptance shall be evidenced by recordation of this Agreement) covenants and agrees that(1) it shall perform its work in the Easement Area in a good and workmanlike manner and in compliance with all applicable laws, rules, ordinances and regulations ("Laws"); (2) it shall maintain the facilities in accordance with commercially reasonable standards and in compliance with existing regulations; (3) it shall not bring onto the Easement Area any substance in violation of applicable environmental Laws (4) in exercising its easement and rights granted in this Easement Agreement, it shall not interfere with the easements, rights and privileges granted to other parties pursuant to the Permitted Encumbrances (hereinafter defined); (5) it shall perform its work at such time and in such manner as to not unreasonably interfere with the use of Grantor's property adjoining the Easement Area by the Grantor, its invitees and guests; (6) it shall immediately restore the surface of the Easement Area to a condition substantially the same as the condition that existed immediately prior to the City's work; and (7) it shall indemnify, defend and hold harmless the Grantor from any losses, damages, expenses, claims or causes of action suffered or incurred by Grantor due to the violation of applicable Laws and/or from any injury to its property, its employees or the public which may at any time occur through the negligence or intentional acts of City, its employees, contractors or agents. 4. The easement and the rights granted herein are subject to all valid and subsisting restrictions, reservations, covenants, conditions, rights-of-way, easements and encumbrances properly of record, if any, all matters which would be disclosed by an accurate survey and by inspection of the property, and current year ad valorem taxes to the extent they are applicable to and enforceable against the Easement Area and adjacent land(the "Permitted Encumbrances"). 5. Nothing herein shall be deemed to be a gift or dedication to or for the general public, it being the intent that the Grantor shall retain fee simple title to the property which is subject of the easement, and that this easement shall be strictly limited to and for the purposes contained herein. 6. The easement and rights and privileges granted herein shall be perpetual and shall run with the land. Provided however that at such time as City shall cease to use the Easement Area for a period of one hundred eighty (180) consecutive days for the purposes herein stated, then the easement and rights and privileges herein granted shall automatically terminate. 74'7 10, CITY OF GLENDALE CITY CLERK DEPARTMENT DIGITAL RECORDING TRANSMITTAL FORM SECTION BELOW TO BE COMPLETED BY DEPARTMENT Date 12/4/12 Employee Name Mark Ivanich Employee ID # 08762 Department/Division Engineering Phone Number 3654 Description of document: Declaration of Public Water and Sewer Easement at 6800 N 95th Avenue PLEASE PROVIDE COPY OF RECORDED DOCUMENT 3PO ."lCOV I I ILOW ir© ISE CO LLI = MY OM(OIMM OMS (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 # EIIC Tl©N IIEILW US 113 (COMM=IBS{CII 011Z=EI! 'IF (When Applicable) RECORDING COMPLETED r Copy attached for your file. Date 1`24 1 J2-City Clerk Staff „51.4Es-- Phone No. 21 0 c