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Home My WebLink AboutProperty #: P18-021 - 4/10/2018Recorded at the request of CITY OF GLENDALE When recorded, return to: THE CITY OF GLENDALE 5850 W. Glendale Avenue Glendale, Arizona 85301 Attention: AFFIDAVIT AND FEE EXEMPT PURSUANT TO ARS SECTION 11-1134(A)(3) HILLCREST RANCH (PHASE TWO) A PORTION OF APN: 200-06-610A NEW RIVER SHARED USE PATHWAY EASEMENT P 18-021 For valuable considerations, HILLCREST RANCH COMMUNITY ASSOCIATION ("Association"), an Arizona non-profit corporation hereby grants to the CITY OF GLENDALE ("City"), an Arizona municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona, an easement for: THE NEW RIVER SHARED USE PATHWAY together with the right of ingress and egress for the purpose of constructing a new shared use pathway to include maintaining, repairing, and replacing improvements related to the shared use pathway and landscaping, over, under, and across, for the protection of the facilities and the traveling public on the following described property situated in the County of Maricopa, State of Arizona, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE INCORPORATED HEREIN NOW, THEREFORE, in consideration of the mutual terms and conditions set forth herein, it is understood that the easement allows for continued perpetual use of said easement by the Association for maintenance of existing landscaping, monument sign, and open ditch drainage improvements immediately east of the easement. Furthermore, the maintenance of the shared use pathway will be the sole responsibility of the City. The City agrees to indemnify, defend and hold the Association, its agents, officers, directors and representatives harmless from any and all liability, damage(s), loss and/or litigation related to the shared use pathway, unless such liability, damage(s), loss and/or litigation arises from any negligent act or omission of the Association, its agents, officers, directors and representatives. Dat( an STP A CZ, , 2018. Title: L,1lt County of Maricopa ) The foregoing instrument was acknowledged before me this _ Iqday of 201 by-'t2Se_L-,4n i) . TW My Commission Expires:_ q/0-31202.1 MONA SES ate Notary Public N0t&yPW*-8urto kh= MARicoPAcouwn My co=*Nion E*m Apd 3, 2021 SECU'RM T LE AGENCY Recorded at the request of CITY OF GLENDALE When recorded, return to: THE CITY OF GLENDALE 5850 W. Glendale Avenue Glendale, Arizona 85301 OFFICIAL RECORDS OF HARICOPA COUNTY RECORDER ADRIAN FONTES 20180453194 06/14/2018 08:11 ELECTRONIC RECORDING 15170535-4-1-1-- sarabiam Attention: AFFIDAVIT AND FEE EXEMPT PURSUANT TO ARS SECTION 11-1134(A)(3) HILLCREST RANCH (PHASE TWO) A PORTION OF APN: 200-06-610A NEW RIVER SHARED USE PATHWAY EASEMENT For valuable considerations, HILLCREST RANCH COMMUNITY ASSOCIATION ("Association"), an Arizona non-profit corporation hereby grants to the CITY OF GLENDALE ("City"), an Arizona municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona, an easement for: THE NEW RIVER SHARED USE PATHWAY together with the right of ingress and egress for the purpose of constructing a new shared use pathway to include maintaining, repairing, and replacing improvements related to the shared use pathway and landscaping, over, under, and across, for the protection of the facilities and the traveling public on the following described property situated in the County of Maricopa, State of Arizona, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE INCORPORATED HEREIN NOW, THEREFORE, in consideration of the mutual terms and conditions set forth herein, it is understood that the easement allows for continued perpetual use of said easement by the Association for maintenance of existing landscaping, monument sign, and open ditch drainage improvements immediately east of the easement. Furthermore, the maintenance of the shared use pathway will be the sole responsibility of the City. The City agrees to indemnify, defend and hold the Association, its agents, officers, directors and representatives harmless from any and all liability, damage(s), loss and/or litigation related to the shared use pathway, unless such liability, damage(s), loss and/or litigation arises from any negligent act or omission of the Association, its agents, officers, directors and representatives. Dated this 11,7' � d~� ��4 �_ '2018. Hillc n Community Association, Inc. , By: /r Title /G e Joeph D. Tuereff STATE OF ARIZONA /I ss County of Maricopa ) The foregoing instrument was ackn w by 7OSP_AI N ledged before me this _ 1147 day of AA , 20'K �:`iue�r —r My Commission Expires: 403 G-02 I (�w4d_ � Date Notary Public LEGAL DESCRIPTION FOR SHARED USE PATH EASEMENT A PORTION OF APN 200-06-61OA A PARCEL OF LAND SITUATED IN THE WEST HALF OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 1 EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND BEING A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN INSTRUMENT NO. 2011-0757065, ALSO AS SHOWN ON THE MAP OF DEDICATION FOR HILLCREST RANCH (PHASE TWO), BOOK 358, PAGE 46, BOTH BEING OFFICIAL RECORDS OF MARICOPA COUNTY (M.C.R.), ARIZONA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE WEST QUARTER CORNER OF SECTION 13,TOWNSHIP 4 NORTH, RANGE 1 EAST, ALSO BEING THE SOUTHWEST CORNER OF HILLCREST RANCH PARCELS "F" & "H", BOOK 375, PAGE 09, M.C.R. AND THE NORTHEAST CORNER OF SAID MAP OF DEDICATION, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 13 BEARS SOUTH 00 DEGREES 09 MINUTES 43 SECONDS W EST, 2650.91 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 07 SECONDS EAST, ALONG AND WITH THE NORTH LINE OF SAID MAP OF DEDICATION AND THE SOUTH LINE OF SAID HILLCREST RANCH PARCELS "F" & "H" PLAT, 40.00 FEET TO THE SOUTHWEST CORNER OF TRACT D OF SAID PLAT, THENCE DEPARTING SAID NORTH AND SOUTH LINES NORTH 02 DEGREES 21 MINUTES 04 SECONDS EAST, ALONG AND WITH THE WEST LINE OF SAID TRACT D, 10.26 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89 DEGREES 50 MINUTES 17 SECONDS EAST, 7.55 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 43 SECONDS EAST, 10.25 FEET TO THE AFORESAID NORTH AND SOUTH LINES; THENCE DEPARTING SAID NORTH AND SOUTH LINES, CONTINUING SOUTH 00 DEGREES 09 MINUTES 43 SECONDS EAST, 161.75 FEET TO THE NORTH RIGHT OF WAY LINE OF HILLCREST BOULEVARD AND THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVED SOUTHEASTERLY, HAVING A RADIUS POINT THAT BEARS SOUTH 47 DEGREES 58 MINUTES 37 SECONDS EAST, 340.00 FEET; THENCE ALONG AND WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14 DEGREES 05 MINUTES 45 SECONDS, AN ARC LENGTH OF 83.65 FEET TO THE WEST LINE OF SECTION 13; THENCE NORTH 00 DEGREES 09 MINUTES 43 SECONDS WEST, ALONG AND WITH SAID WEST LINE, 229.99 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 9,388 SQUARE FEET OR 0.214 ACRES OF LAND, MORE OR LESS. THE ATTACHED EXHIBIT'A' IS TO BE INCLUDED AND MADE PART OF THISDESCRIPTION. Y 31019 C. STEVE APN 200-06-610A SUPE DURYEA, JR. '� DIBBLE ENGINEERING - 4 q�. Page 1 of 3 °fe ,��\� ' PROJECT NO. 101436 9,p sJBned•• Q,. lZpNA U g. �rAIre s 03131%�� E W. 1/4 COR. SEC 14 T4N, R1 E W. 1/4 COR. SEC 13 T4N, RIE POINT OF BEGINNING S89°51'22"W 5257.88' MARICOPA COUNTY RIGHT OF WAY LIN HILLCREST RANCH PARCELS "F & H" BK. 375, PG. 09 N APN 200-07-006W NICHOLS WILLIAM/MARCILL NI E 1997-0483626 NTS EASEMENT AREA: SW COR. SEC 13 9,388 SF OR T4N, R1 E 0.214 ACRES THIS IS NOT A PROPERTY BOUNDARY SURVEY. RACT ' E' TRACT 'D' LOT 8 L3 L1 i APN 200-06-610A DRAINAGE WAY MAP OF DEDICATION FOR HILLCREST RANCH (PHASE _TWO) BK. 358, PG 46_,., & HILLCREST RANCH COMMUNITY ASSOCIATION INSTR 2011 -0757065 Ln J wI J j I W rn TRACT 'M'ril Engineerin � � APN 200-07-714 O DURY T4N, RIE, GILA & SALT RIVER MERIDIAN, w(o CITY OF PEORIA DATE: NOV 2016 > °s% �A��1�P '� Q w Q DRN: BAR PAGE 2 OF 3 L F z 3/'3 1 FLETCHER HEIGHTS o PHASE 213-3 a = d BK. 604, PG. 39LL-Q 1.—°' 0 u o �O I I U N APN 200-07-006W NICHOLS WILLIAM/MARCILL NI E 1997-0483626 NTS EASEMENT AREA: SW COR. SEC 13 9,388 SF OR T4N, R1 E 0.214 ACRES THIS IS NOT A PROPERTY BOUNDARY SURVEY. RACT ' E' TRACT 'D' LOT 8 L3 L1 i APN 200-06-610A DRAINAGE WAY MAP OF DEDICATION FOR HILLCREST RANCH (PHASE _TWO) BK. 358, PG 46_,., & HILLCREST RANCH COMMUNITY ASSOCIATION INSTR 2011 -0757065 Ln J i 10, i � I i 40 TRACT 'A' HILLCREST RANCH PARCEL 'E' BK. 361, PG 05 wI J j Qw �z z_ J J Engineerin 31019 T C. ST�JIR.� A PORTION OF THE WEST HALF OF SEC. 13, O DURY T4N, RIE, GILA & SALT RIVER MERIDIAN, G ��b�POG�" Q • U m MARICOPA COUNTY ARIZONA DATE: NOV 2016 i 10, i � I i 40 TRACT 'A' HILLCREST RANCH PARCEL 'E' BK. 361, PG 05 EXHIBIT "A" Dibble SHARED USE PATH EASEMENT Engineerin 31019 T C. ST�JIR.� A PORTION OF THE WEST HALF OF SEC. 13, DURY T4N, RIE, GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY ARIZONA DATE: NOV 2016 °s% �A��1�P '� Dibble Engineering �kAires DRN: BAR PAGE 2 OF 3 L Project No 101436 3/'3 1 CHK: JPG . LINE DATA TABLE LINE BEARING DISTANCE L1 N89°50'07"E 40.00' L2 NO2°21 '04"E 10.26' L3 N89'50'1 7"E 7.55' L4 S00°09'43"E 10.25' L5 S00°09'43"E 161.75' L6 N00°09'43"W 229.99' CURVE DATA TABLE CURVE LENGTH RADIUS DELTA C1 83.65' 340.00' 14°05'45" EXHIBIT "A" Dibble SHARED USE PATH EASEMENT Engineel'in 31019 C. STEVE A PORTION OF THE WEST HALF OF SEC. 13, DURYEA, JR.ro T4N, RIE, GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY ARIZONA DATE: NOV 2016 BAR PAGE 3 OF 3 q�'i2 ad. .Ic,P' Dibble En ineerin Project No 101436 t�kpi�sA3/�,I�� CHK: JPG PURCHASE AGREEMENT Title Company Security Title Aizency Date Address 4722 N 24th Street, Suite 200 (to be completed by Title Company, if applicable) City Phoenix Arizona Zip Code 85016 Escrow Officer Jason Bryant Phone 602-230-6247 Escrow No. Email jean SecuritvTitle_com Grantor Hillcrst Ranch Community Association, an Arizona non-profit corporation Mailing Address —18301 N. 79th Avenue, Ste. H194, Glendale, AZ 85308 Phone 623-825-7777 Mobile Email jenny alphacommunitymanagement.com Grantee: The CITY OF GLENDALE (CITY) Mailing Address: City of Glendale 6210 W. Myrtle, Suite 111, Glendale, Arizona 85301 The CITY shall pay directly to the Grantor, or deposit with the Title Company ("Escrow Agent") if escrowed, the purchase price plus all lawful costs incidental to closing as follows: Escrow Fees Title Policy Fees TOTAL ESCROW & TITLE FEES To be determined Recording Fees Deed Easement Release TOTAL RECORDING FEES To be determined Other Charges Release Fees Title Report Fee Prorated Taxes/Dates TOTAL OTHER CHARGES To be determined Subtotal Fees Title Report Credit (-) Total Closing Costs Shared Use Path Easement Total Purchase Price TOTAL WARRANT** Charges and disbursements to be paid from Grantor's funds as follows (check all that apply): ❑ Total Acquisition of Grantor's Property: Full release of all monetary liens and encumbrances, and leases of any kind. Pay in full all due and delinquent real property taxes and general and special improvement assessments. Grantor will be charged for any costs necessary to make the property compliant with the Covenants, Conditions and Restrictions. Prorate the current year's real property taxes on closings that occur on or after the 3rd Monday of August each year. Escrow Agent shall withhold the prorated amounts from each party and pay the lien of the current year's taxes in full. ❑ Partial Acquisition of Grantor's Property: Partial release of all monetary liens and encumbrances, and leases of any kind. At the discretion of City, pay due and delinquent property taxes and general and special improvement assessments, including full payment of taxes and assessments on individual assessor parcels within City's partial acquisition, and any Certificate(s) of Purchase. The current year's taxes shall not be prorated regardless of the closing date. ® Easement(s): Consent to easement(s) by secured party(ies). To be determined ❑ Other Disbursements: ❑ Security Deposits and Prepaid Rents, if Applicable: Grantor agrees to To be determined return all security deposits and prepaid rents directly to lessee(s) outside of escrow. ************************************************** $4,400.00 Possession Date: Close of escrow/date of recording. Special Conditions Right of Way Contract Yes ❑ No Entry Agreement*** Yes ❑ No ED *** If yes, City shall pay statutory interest on the "Total Purchase Price" from to the close of escrow/date of recording directly to Grantor To be determined by separate warrant. To be determined ❑ Special Instructions/Information: *Title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. THE GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE in a certain conveyance dated 2018 described in Exhibit "A" attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to the CITY OF GLENDALE; title to said property to pass upon the acceptance of delivery and possession by the CITY OF GLENDALE. PROJECT 0000 -MA -SZ 107 01C SECTION Hillcrest Boulevard and 74th Avenue PARCEL 200-06-610A THIS PURCHASE AGREEMENT SHALL SERVE AS THE ESCROW INSTRUCTIONS The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, mortgage claims, leasehold interests, special assessments, fines, fees or charges to be paid to the homeowners association and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms hereof. If the subject property is encumbered with Covenants, Conditions and Restrictions, the Escrow Agent shall send a Notice of Pending Sale pursuant to A.R.S. 33-1806. The Grantor agrees that should further encumbrances be attached to this property subject to this transaction during the escrow period, including but not limited to, monetary liens, leases, easements and permits, Grantor shall remain responsible for any damages in the event of non- compliance. The Escrow Agent is to withhold $0.00 as a security and/or site -clearance deposit pending satisfactory delivery of the subject property to the CITY OF GLENDALE by the Grantor. Grantor agrees the City may apply the security deposit to payment of any unpaid rents due the City of Glendale from the Grantor, or to payment for any loss or damage sustained by the City caused by the Grantor after the date of this agreement. The City of Glendale will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after acceptance of delivery and possession of the subject property. The Grantor is to notify the CITY OF GLENDALE, of the date Grantor intends to vacate the subject property. Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow. The CITY OF GLENDALE will be furnished a copy of the Grantor's closing statement with the following certification signed by an authorized officer: "This is to certify this is a true and correct statement of disbursement of funds collected from the CITY OF GLENDALE." The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either a copy of this request or a copy of a signed receipt is to be retained in the escrow file. The CITY OF GLENDALE will pay the costs of any escrow services and/or title insurance desired by it, but may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent, and title insurance herein are not applicable. If this transaction is not handled through a title company, the conveyance will be delivered direct to the CITY OF GLENDALE and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the CITY OF GLENDALE and the final filing and recording of the documents. If cost -to -cure moneys have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove all buildings and appurtenances including fences, floors other than concrete, plumbing lines above grade, and all combustible material not later than 30 days from the date of payment. The Grantor assumes all liability connected with said removal. It is further agreed that upon expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of the CITY OF GLENDALE, and all rights of the Grantor to said improvements shall cease and terminate. Grantor shall be liable for the reasonable costs incurred in removing said improvements. License is hereby granted to the CITY OF GLENDALE to enter upon the Grantor's remaining lands where necessary to accomplish the purpose of this agreement. If the CITY OF GLENDALE is acquiring only a portion of Grantor's property, then Grantor grants to the CITY OF GLENDALE, its agents, employees and contractors, the right to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection, facilitating removal of buildings or appurtenances where portions of acquired buildings or appurtenances are situated on Grantor's remaining property, and to facilitate sound wall construction on adjacent CITY OF GLENDALE right of way, if required. It is further understood and agreed that this temporary right will expire and terminate thirty (30) days after completion of City of Glendale's project It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired, and in settlement for all injury or damage to the Grantor's remaining abutting lands. Further, said consideration shall constitute a waiver of any and all claims for damages or compensation to said abutting lands that may hereafter arise or result from the establishment and construction of the project in the manner proposed by the CITY OF GLENDALE. PROJECT 0000-MA-SZ107 OIC SECTION Hillcrest Boulevard and 74th Avenue PARCEL 200-06-610A The CITY OF GLENDALE is acquiring Grantor's property through its right of eminent domain under threat of condemnation; therefore, it is not a voluntary sale in the ordinary course of real estate negotiation. Further, the settlement herein is in lieu of condemnation and not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction with any judicial or administrative proceeding. GRANTOR SUBSURFACE IMPROVEMENT STATEMENT 1. I Darn ❑am not aware of the presence of any subsurface improvements (e.g., septic systems, storm cellars, ground wells) within the area of ADOT's acquisition. If aware of such improvements, please provide any information that may assist in locating same. 2. Well(s) ❑Yes ❑No Well Registration No(s): 55- 3. Irrigation Water Rights ❑Yes ❑No IGR Number: 58- 4. Well is located ❑ within the acquisition area, ❑ outside the acquisition area. (NOTE: If you answered yes regarding water rights, please provide a copy of the appropriate certificate for escrow to transfer, if available) The Escrow Agent is to request the transfer of the well or irrigation water rights located within the acquisition area to the City of Glendale. ❑ Yes ® No Addendum attached hereto and made ❑ Notice of Pending Sale pursuant to A.R.S 33-1806. GRANTOR: Hillcrest Ranch Community Association, an rizona non-profit corporation Date:%y%2✓ % Sash �h �T�1 erg By VPAWT daat4 Mona Cervantes, SR/WA C1 `11 Right of Way Agent CITY OF GLENDALE n By Y 2018 Kevin R.NPhelps—/ City Man*er Accepted Date i ESCROW OFF1CIT � City Clerk Apvnved a:-, to fora PROJECT 0000-MA-SZ107 01C SECTION Hillcrest Boulevard and 74th Avenue PARCEL 200-06-610A