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HomeMy WebLinkAboutProperty #: P19-037 - 7/15/2019 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES 20190533739 07/15/2019 02: 45 When recorded return to: ELECTRONIC RECORDING Kevin Martenson 8628 N. Dysart Rd 1563226144021-7-1-1-- El Mirage, AZ 85355 Yorke► COURTESY RECORDING ONLY P19-037 NO TITLE LIABILITY THIS IS A PART OF THE OFFICIAL DOCUMENT UTILITY EASEMENT UTILITY EASEMENT PEORIA UNIFIED SCHOOL DISTRICT#11, (hereinafter called"Grantor"),is the owner of the following described real property located in Maricopa Count,Arizona(hereinafter called"Grantor's Property"): SEE ATTACHED "EXIHIBIT A" Grantor,for and in consideration of One Dollar($1.00) and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey to CITY OF GLENDALE, an Arizona Municipal Corporation("Grantee"), and to its successors and assigns, a non0exclusive right,privilege, and Public Utility Easement expansion at locations and elevations,in,upon, over,under,through and across, a portion of Grantor's Property described as follows (herein called the"Easement Premises"): SEE ATTACHED DESCRIPTION,"EXHIBIT A" Grantee is hereby granted the right within the Easement Premises to : construct, reconstruct, replace, repair,operate and maintain a water line,together with appurtenant facilities and fixtures for use in connection therewith,for the transmission and distribution of water to , through, across, and beyond Grantors' Property. Grantee is hereby granted the right,but not the obligation,to trim,prune,cut, and clear away tree,brush, shrubs,or other vegetation on,or adjacent to,the Easement Premises whenever in Grantee's judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. Grantee shall at all times have the right of full and free ingress and egress to and along the Easement Premises for the purposes herein specified. Notwithstanding the foregoing, except in the case of emergencies to be determined by Grantee in Grantee's reasonable discretion,Grantee shall provide Grantor with one(1)Business Day's written notice to Grantor prior to accessing the Premises so that Grantor has notice to take whatever measures or steps it deems prudent to the protection of school children. Grantee shall provide such notice to Grantor at: Peoria Unified School district# 11 Attn: Chief Financial Officer 6330 W Thunderbird Road Glendale,AZ 85306 Phone: 623-486-6000 Further,to avoid disruption of school functions, Grantee's agents,employees or independent contractors shall check-in at the school campus's front office prior to accessing the Premises. In the event the front office is closed,no such check-in shall be required. Grantor shall maintain clear areas that have no obstructions, trees, shrubs,large landscape rocks,fences,fixtures,or permanent structures place by Grantor within said easement. Nor shall Grantor install landscape irrigation or sprinkler systems within said clear areas. Grantor shall not locate,erect or construct, or permit to be located,erected or constructed, any building or other structure or drill any well within the limits of the Easement Premises; nor shall Grantor plant or permit to be planted any trees within the limits of the Easement Premises without the prior written consent of Grantee. However, Grantor reserves the right to use the Easement Premises for purposes that are no inconsistent with Grantee's easement rights herein conveyed and which do not interfere with or endanger any of the Grantee Facilities,including, without limitation,granting others the right to use all of portions of the Easement Premises for utility or roadway purposes and constructing improvements within the Easement Premises such as paving,sidewalks,landscaping, and curbing. Notwithstanding the foregoing,Grantor shall not have the right to lower by more than on foot or raise by more than two feet the surface grade of the Easement Premises, and in no event shall a change in the grade compromise Grantee's minimum cover requirements or interfere with Grantee's operation,maintenance or repair. Grantee agrees that following any installation,excavation, maintenance repair, or other work performed by Grantee within the Easement Premises,the affected area will be restored by Grantee to as close to original condition as is reasonably possible, at the expense of Grantee; and that Grantee shall indemnify Grantor, to the extent required by law,for any loss, cost or damage incurred by Grantor as a result of any negligent installation,excavation,maintenance,repair or other work performed by Grantee within the Easement Premises. The easement granted herein shall not be deemed abandoned except upon Grantee's execution and recording of a formal instrument abandoning the easement. At such a time that facilities are removed a formal release of easement will be executed by Grantee. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of, and shall be binding on the heirs, administrators,executors, successors in ownership and estate,assigns and lessees of Grantor and Grantee. IN WITNESS WHEREOF,PEORIA UNIFIED SCHOOL DISTRICT#11,has caused this Pulllic Utility Eas ent Expansion to be executed by its duly authorized representative,this f(� day of �.c l� ,2$1-8. L (9 By: - $ i ./ .I / f1 Printed Name Its: PIQFS IAUG atr Title C3/ jJw Signature STATE OF ARIZONA ) ) ss. County of Maricopa ) c, The foregoing instrument was acknowledged before me this/0 day of 8i-S by/lel/U-4-A/ //1 f rantor).who acknowledged that he executed this instrument for the purposes rein containi.. N Public •1111 u" sion expires: at AWy Vat pUB BT k. 6 MARICOPA COUNTY wY Comm.Epees August 1 am NWC 15808 N 63rd Avenue Field EXHIBIT A LEGAL DESCIPTION EXCLUSIVE WATERLINE EASEMENT A portion of the Southwest quarter of Section 6, Township 3 North, Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County,Arizona, and more particularly described as follows: COMMENCING at the Southwest subdivision corner of "WINDWOOD VILLAGE" as described in Book 221 of Maps, Page 48, Official Records of Maricopa County, Arizona; thence North 89 degrees 32 minutes 17 seconds East, along the Southerly subdivision boundary line of said "WINDWOOD VILLAGE, a distance of 139.50 feet to the POINT OF BEGINNING; THENCE Continuing North 89 degrees 32 minutes 17 seconds East, along said Southerly subdivision boundary line of"WINDWOOD VILLAGE, a distance of 9.00 feet; THENCE South 00 degrees 43 minutes 55 seconds East, departing from said Southerly subdivision boundary line. a distance of 21.00 feet; THENCE South 89 degrees 32 minutes 17 seconds West, to a point on the extension of the Westerly subdivision boundary line of said `WINDWOOD VILLAGE`, a distance of 148.40 feet; THENCE North 01 degrees 00 minutes 43 seconds West, along said Westerly subdivision extension line, a distance of 9.00 feet; THENCE North 89 degrees 32 minutes 17 seconds East, a distance of 139.44 feet; THENCE North 00 degrees 43 minutes 55 seconds West, a distance of 12.00 feet returning to said POINT OF BEGINNING. Containing 1, 11/, square feet or 0.03 acres more or less. BASIS OF BEARING South 01 degrees 00 minutes 43 seconds East along the West subdivision boundary line of 'WINDWOOD VILLAGE" according to Book 221 of Maps, page 48, Official Records of Maricopa County, Arizona. Reference is hereby made to the attached Exhibit B • 1C' Page 1 of 1 • ::f. (' c 0 22252 9 ROBERT E. CONSONI q�4 Qe,.7y ` Exclusive Water Line Easement 72ONA U g-soar Joh No. 17-02-017-00 EXPIRES 06/30/2020 REC/gm April 9,2019 ALL VALUES SHOWN AS RECORDED EXHIBIT B ARE PER THE PLAT OF "WINDWOOD VILLAGE" AS RECORDED IN BOOK 221 OF MAPS, PAGE 48, RECORDS OF ALL EASEMENT VALUES ARE MARICOPA COUNTY, ARIZONA. NORTH CALCULAIED, U.N.O. ow III) (R) RECORDED 1111 if•gill I 16 SCALE: 7"=30' (M) MEASURED 4II � �U • I�i�pW 0 15 30 60 (C) CALCULATED I PARADISE LANE - -r - N.8.9.38'OCE. 132.11'(R) L Q Z ' 1,.;,� LOT 88 ot "WINOWOOD VILLAGE" O BK. 227, PG. 48, lvl.C.R. 25' o .(----go.-,25' , CI rst. R/W RAV Orn P.O.C, � l , - (.6 Z SW SUB. COR. *WIND WOOD VILLAGE" ��1- P.O.B, W N o a 7.00'(R) CO 10 L I 1 N.89'32'17 E N 139.50'(C) NI-1I --' , J. N.89'32'17 E—139.44' (C) _4 - O fr)J /'- / U S.89'32'17141.,-,148.40' (C) J { o EXCLUSIVE WATERLINE w EASEMENT 1 0 • W - o d Lz I I a W PEORIA UNIFIED SCHOOL DISTRICT NO. 17 __„,I T. DKr. 12517, PAGE 373, M.C.R. 3I 12.00 APN: 200-51-1470 ( D.E. • LINE TABLE LEGEND LI N.89'.32'17T. 9.00' (C) PROPERTY LINE L2 S 00'43 55 E 21.00' (C) L3 N.O 1'00 43"W 9.00' (C) c, — — — EXCLUSIVE DRAINAGE L4 N.00'43'55%! 12.00' (C) EASEMENT L5 N.01'00431'1. 12.00' (0) z i SKETCH OF LEGAL DESCRIPTION ; A "R"s��. J7b0 No. 020-01 g. es. C4. Date EXCLUSIVE WAitNUNE ' v 22252 4 04/09/19 17 EASEMENT ROBERT E. `= ' CONSON N "r"'.-.4: A PORTION OF THE SWI/4, , # . �n_glrreerrrg consultants, tic SEC. b, T.3N.,R,2E, 9,pJ 4� q C /REC 18223 w, orchid In. Waddell,as 85355 G.&S.R.B.&M., ZONA '- 1 Sheet No. L-' ph:C23.142 6220• e:geoff g mareng.com MARICOPA COUNTY, ARIZONA EXPIRES 06/30/2020 7 OF 1 I - This drawing is an instrument of service. It is the property of g—mor engineering consultants, Ilc, and may not be reproduced or reproduction hereof used without permission. BOUNDARY CLOSURE CALCULATIONS Parcel Name: LEGAL DESCRIPTION EXCLUSIVE WATER LINE EASEMENT North: 5000.0000 East : 5000.0000 Line Course: N 01-00-43 W Length: 9.00 North: 5008.9986 East : 4999.8411 Line Course: N 89-32-17 E Length: 139.44 North: 5010.1228 East : 5139.2765 Line Course: N 00-43-55 W Length: 12.00 North: 5022.1218 East : 5139.1232 Line Course: N 89-32-17 E Length: 9. 00 North: 5022.1944 East : 5148.1229 Line Course: S 00-43-55 E Length: 21.00 North: 5001.1961 East : 5149.3912 Line Curse: S 89-32-17 W Length: 145.40 North: 4599.9997 East : 4999.9960 Perimeter: 338.84 Area: 1, 444 sq. ft. 0.03 acres Mapchec}_ Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0040 Course: S 85-01-05 W Error North: -0.00035 East : -0.00398 Precision 1: 84, 710.00 Q . R08ERT E. 44s.CONSON! 4s, 'y l/?/ZONA -�� I CI EXPIRES 06/30/2020 Exclusive Water Line Easement g--mar Job No. 17-02-017-00 REC/gm April 9.2019 Page 1 of 1