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Home My WebLink AboutProperty #: P19-009 - 9/11/2018 MARICOPA COUNTY RECORDER ADRIAN FONTES 20190058116 01/28/2019 11 :5E ELECTRONIC RECORDING 45009310-6-3-3-- Garciac P19-009 When recorded,mail to: City Clerk,City of Glendale 5850 West Glendale Avenue Glendale,Arizona 85301 CONVEYANCE OF SIDEWALK EASEMENT For Ten Dollars and other valuable consideration, SHP V Glendale LLC, a Delaware Limited Liability Company ("Grantor"), does hereby convey to the City of Glendale, an Arizona Municipal Corporation ("City"), an easement to install, repair, operate, maintain and remove sidewalks ("facilities") upon, over and under the surface of the following described property (the "Easement Areas")for the purpose of maintaining a public sidewalk for pedestrian purposes: See Attached Description, "Exhibit A" Together with the right of ingress and egress to, from, across and along the Grantor's property adjacent to the Easement Areas reasonably necessary for the exercise of its rights under this instrument, and with the right to use a reasonable portion of lands directly adjacent to said Easement Areas during temporary periods of active construction in the Easement Areas;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 judgment 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 the Easement Area or Grantor's property adjacent to the Easement Area and any improvements located thereon from time to time. [remainder of page intentionally blank;signature appears on following page] Dated this /b- day of January, 2019. GRANTOR: SHP V Glendale LLC, a Delaware limited liability company By: SHP V Glendale Investor LLC, a Delaware limited liability company, its Managing Member By: AL7' Name ,Ana__ Title: P rl . Exempt Pursuant to A.R.S.§11-1134(A)(3) STATE OF (J)r1a .irrSef ) ) ss. County of Ko trot C ) On MtL of JAN u/1.1-1, 2019, before me,the undersigned, a notary public in and for said State,personally appeared Tiu.�y--4-1.y PINP.so , personally known to me (or 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 executed the same in his authorized capacity and that, by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Notary`Public My Commission Expires: MARY ELLEN HIGGINS LAWRENCE A Notary Public of New Jersey My Commission Expires March 16,ZU'12 [consent and joinder appears on following page] CONSENT AND JOINDER OF LENDER THE UNDERSIGNED, in its capacity as the Lender under that certain Loan Agreement, dated as of August 15, 2017, by and between SHP V Glendale, LLC, a Delaware limited liability company and the undersigned (as amended or modified, the "Loan Agreement"), whichis secured by that certain Construction Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture dated as of August 15, 2017, and recorded on August 15, 2017 with the Maricopa County Recorder as Document Number 20170601949 (as amended or modified, the "Deed of Trust"), hereby joins in this Conveyance of Sidewalk Easement ("Easement Agreement") solely for the purpose of (a)consenting to the execution of this Easement Agreement by SHP V Glendale LLC, a Delaware limited liability company so that neither such execution nor the compliance with the terms hereof shall constitute a default under the Loan Agreement, the Deed of Trust or the other loan documents executed in connection therewith (collectively and as amended or modified, the "Loan Documents"), and (b)agreeing that this Easement Agreement shall be deemed a Permitted Exception (as defined in the Loan Agreement) which is prior to the Deed of Trust and the other Loan Documents, notwithstanding that it has been executed and recorded subsequent in time to the Deed of Trust and the other Loan Documents. IN WITNESS WHEREOF,the undersigned has caused this Joinder to be executed as of dn.u.�u; /Y 2019. COMMERCE BANK, a Missouri bank and trust company By: 0020$2t Name: Deborah etc/Li Title: 5qP STATE OF Te xek . § § COUNTYfOF ' 104,S1 i § Vall On /0 2019 before me, the undersigned, a notary public in and for said State,personpeared ,Deborah La cork personally known to me (or proved to me on the basis of satisfactory edidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that, by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ds Carina fTellano � /\ n f'j/� State o Tec,as .s °4 ` NM;lD 16197940 Notary Public My Commission Expires: /22,01reA D3, aaaa. EXHIBIT"A" SIDEWALK EASEMENT DEDICATION LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 38, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN A HANDHOLE AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 654.34 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FROM WHENCE A REBAR WITH A CAP AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER BEARS SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 1963.27 FEET; THENCE SOUTH 88 DEGREES 50 MINUTES 17 SECONDS WEST A DISTANCE OF 55.01 FEET TO A POINT ON A LINE 55 FEET WEST OF AND PARALLEL WITH SAID EAST UNE OF THE NORTHEAST QUARTER OF SECTION 36, SAID LINE ALSO BEING THE WEST RIGHT OF WAY LINE OF 67m AVENUE; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID RIGHT OF WAY UNE A DISTANCE OF 45.00 FEET; THENCE NORTH 45 DEGREES 17 MINUTES 28 SECONDS WEST A DISTANCE OF 41.78 FEET TO A POINT ON A LINE THAT IS 15.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 88 DEGREES 50 MINUTES 08 SECONDS WEST ALONG SAID LINE A DISTANCE OF 105.54 FEET TO THE TRUE POINT OF BEGINNING FOR THE EAST DRIVEWAY SIDEWALK EASEMENT; THENCE SOUTH 44 DEGREES 12 MINUTES 54 SECONDS WEST.A DISTANCE OF 7.12 FEET TO A POINT ON A LINE THAT IS 20.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE SOUTH 88 DEGREES 50 MINUTES 08 SECONDS WEST ALONG SAID LINE A DISTANCE OF 43.08 FEET; THENCE NORTH 46 DEGREES 32 MINUTES 38 SECONDS WEST A DISTANCE OF 7.12 FEET TO A POINT ON A LINE THAT IS 15.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26.SAID POINT BEING DESIGNATED AS POINT ; THENCE NORTH 88 DEGREES 50 MINUTES 08 SECONDS EAST ALONG SAID UNE A DISTANCE OF 53.15 FEET TO THE TRUE POINT OF BEGINNING FOR THE EAST DRIVEWAY SIDEWALK EASEMENT. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE ABOVE DESCRIBED POINT'A' LYING ON A UNE THAT IS 15.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE SOUTH 88 DEGREES 50 MINUTES 08 SECONDS WEST ALONG SAID LINE A DISTANCE OF 257.37 FEET TO A POINT DESIGNATED AS POINT 'B', SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE WEST DRIVEWAY SIDEWALK EASEMENT.; THENCE SOUTH 44 DEGREES 12 MINUTES 54 SECONDS WEST A DISTANCE OF 7.12 FEET TO A POINT ON A LINE THAT IS 20.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE SOUTH 88 DEGREES 50 MINUTES 08 SECONDS WEST ALONG SAID LINE A DISTANCE OF 37.00 FEET; THENCE NORTH 46 DEGREES 32 MINUTES 38 SECONDS WEST A DISTANCE OF 7.12 FEET TO A POINT ON A LINE THAT IS 15.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE NORTH 88 DEGREES 50 MINUTES 08 SECONDS EAST ALONG SAID LINE A DISTANCE OF 47.13 FEET TO POINT 'B' AND THE TRUE POINT OF BEGINNING FOR THE WEST DRIVEWAY SIDEWALK EASEMENT. CONTAINS 450.90 SQ. FT. (0.0104 AC.) D.N.A. INC. PROJECT NO. 15-154 October 10,2017 Revised May 11,2018 ep LANp S S`r A `�Db eL seg 18801 , WILLIAM E. COLLINGS it 1,1 Wir • EXPIRES 8-30.2020 I� 67TH DRIVE 1jFND. B.C. FLUSH yrAr GOLDEN LANE -------"---- ------ N88'50 08 E--------------- o N. LINE SEY4 NEY4 NE1'4 In -- A - N88'50 0OS"E N In o N r-� Ll; 105.54x, `�L3 L4 S88.50 O8 W �. POINT 'A' - - , L2 PROP. R/W LINE—1> in \T.P.0.B. • /�` N45'17128"W J SIDEWALK EASEMENT 41.78' \• 67TH LANE— FND. B.C. FLUSH GOLDEN LANE -------------- - - ---N--138W0-8-r---- N88'50'08 E ---- o LINE SEY4 NEY4 NEY4 -- ------ - - A N88'S0'08E PROPOSED POINT 'A'� R/W LINE 1— N _ r _ 257.37' `,L7 LB L6 LS' 588'50'08"W7.3 N \i. `,47 'B' SIDEWALK EASEMENT No. BEARING DISTANCE �g0 LAND SG L1 S44'12'54"W 7.12' \ cs` s„ICA/F ,1-e, L2 S88'50'08"W 43.08' I) p 16801 j0 WILLIAM E. COLLINGS L3 N46'32'38"W 7.12' $; tia' L4 N88'50'08"E 53.15' q gR2p.i•4..� P• / L5 544'12'54"W 7.12' v/ �• / NA. • L6 S88'50'08"W 37.00' °V Expires 6/30/2020 SCALE: 1"=20' L7 N46'32'38"W 7.12' L8 N88'50'08"E 47.13' EXHIBIT 'B' D.11.11. 'A C. 340 E.WM1LETTA ST. T CIVIL Efl61flEERIflO PHDENx.AftRONA 004 LAW fURVETIflG (602) 271-9911 DRAWN ALDIS DATE 10/09/la JOB 15-154 SHEET 1 OF 1