HomeMy WebLinkAboutProperty #: P19-035 - 8/27/2019 P19-035
REAL PROPERTY
TRANSFER AGREEMENT
DATE: Au.gvt.S't' 27, 2019
PARTIES: EMRLANDULLLP
EMRLAND, LLLP, an Arizona limited liability limited partnership
1785 W. State Route 89A, Suite 3-I
Sedona, AZ 86336
By: Rovey Management Company, an Arizona Corporation,
Its: General Partner
Attention: Ronald N. Rovey, Vice-President
("EMRLAND")
CITY OF GLENDALE, an Arizona municipal corporation
5850 West Glendale Avenue
Glendale, Arizona 85301
Attention: City Attorney
("Glendale")
This Real Property Transfer Agreement ("Agreement") is made and entered into this
27 day of Act,tt t' , 2019 ("Effective Date") by and between the City of
Glendale, an Arizon municipal corporation, ("Glendale" or "City") and EMRLAND LLLP,
("EMRLAND"), an Arizona limited liability limited partnership.
RECITALS
A. Glendale wishes to acquire certain undeveloped real property to construct an
extension of Ball Park Boulevard. Glendale wishes to improve and extend Ball Park Boulevard
northerly up to and along the Maryland Avenue alignment to its terminus at 99th Avenue, as
generally depicted in the attached Exhibit 1 and referred to as "the Roadway".
B. EMRLAND owns approximately 113 acres of real property bounded on the North
by Glendale Avenue, on the East by 99th Avenue and on the south by the Maryland Avenue
alignment, which is identified by the Maricopa County Assessor as APN 102-60-014B and
legally described as Parcel 2 in document number 2016-0206092 of official records of Maricopa
County, Arizona ("Emrland Property").
C. In order to construct the Ball Park Boulevard extension along the proposed
Maryland Avenue alignment, EMRLAND will transfer a portion of its Emrland Property to the
City. The portion of the Emrland Property being transferred to the City consisting of
approximately 3.31 acres, is referred to herein as the "STRIP" and is legally described in the
attached Exhibits 2 and 3.
Page 1 of 8
D. In exchange for the STRIP being transferred to the City in fee simple, Glendale
will construct the Roadway, dedicate the Roadway to public use, construct the Related
Improvements and undertake the obligations as defined below.
E. Glendale and EMRLAND desire to enter into this Agreement on the terms and
conditions set forth below.
AGREEMENT
In consideration of the mutual promises and covenants set forth in this Agreement, the parties
agree to exchange their interests in the STRIP on the terms and conditions set forth below.
1. EXCHANGE TERMS & CONDITIONS.
(a) Transfer of STRIP to City in Fee Simple. No later than September 30, 2019,
EMRLAND will transfer and dedicate to Glendale, free and clear of any mortgages,
collateralization, or other monetary liens voluntarily agreed to by EMRLAND, the STRIP, which
will be incorporated into the Roadway. The STRIP will be transferred by a special warranty deed
and dedicated to public use in the form of an executed and recorded Map of Dedication.
(b) Temporary Access. EMRLAND will provide access to the Southerly 200 feet of
the East Half of the Northeast Quarter of Section 8, T2N, R1E until the Roadway construction is
complete, but not later than one (1) year after the Effective Date of this Agreement, so that
Glendale can construct the Roadway and any other improvements or enhancements related to the
Ball Park Boulevard extension.
(c) Pending City Council approval and in exchange for the STRIP, Glendale shall:
1. Design and construct the Ball Park Boulevard extension and any necessary
roadway improvements along an alignment generally between Bethany Home and
Maryland Avenues, in accordance with, at minimum Maricopa Association of
Government (MAG) Standards.
2. Design and construct the "Related Improvements" described in subsection
(d) below, at its own cost and in accordance with all applicable federal, state or
City rules, codes, regulations and statutes.
(d) Related Improvements. The City will construct the following improvements:
1. Glendale will construct all necessary water and sewer infrastructure at the
City's cost to serve the STRIP and the Emrland Property. City also agrees to
maintain, repair and, if necessary, replace any water or sewer lines, including any
main lines, at its own cost.
2. Glendale will construct the intersection at 99th Avenue/Maryland Avenue,
including signalization. In a previous "Contract and Grant of Easement,"
Contract No. 02LE323344, Document No. 2003-1575100 of official records of
Page 2 of 8
Maricopa County, Arizona, EMRLAND granted an easement to the United States
Department of the Interior Bureau of Reclamation to relocate an existing
irrigation facility, including water distribution system pipelines ("2003
Easement"). As part of the construction of the 99th Avenue/Maryland Avenue
intersection, the United States' irrigation facility will be upgraded and the 2003
Easement will be abandoned and replaced with a new easement. The City will
prepare, obtain the United States' or its authorized representative's approval of,
and record any documents necessary to accomplish the abandonment. Once the
2003 Easement is abandoned, the City will construct the intersection at 99th
Avenue/Maryland Avenue, including signalization. The construction of the
intersection will be completed on or before the one-year anniversary of the formal
abandonment of the 2003 Easement.
3. The City will build out the North half of Ball Park Boulevard, including
pavement, curbs, gutters and sidewalks, for a minimum of 200 feet West of the
99th Avenue/Maryland Avenue intersection.
4. The City will construct a minimum 40-foot-wide pavement West of the
first 200 feet of Ball Park Boulevard along the Emrland Property to allow for
three lanes of traffic.
(e) Glendale will pay all closing costs, recording fees and escrow fees, if any, to
effectuate the acquisition of the STRIP as provided herein.
(f) EMRLAND will not be required or have any obligation to put in or pay for any
part of the improvements and infrastructure for the South half of Ball Park Boulevard.
(g) Subject to the property owners whose parcels are contiguous with the extension of
Ball Park Boulevard cooperating in good faith to establish an acceptable Planned Area
Development ("PAD"), the City, at its own expense, will process and pay or waive all fees and
costs that could be imposed on EMRLAND consistent with City Code §2-3 in order for the City
to establish acceptable PAD planning and entitlements related the Emrland Property as herein
defined.
(h) Despite transfer of the STRIP to the City, EMRLAND shall be entitled to
continue to farm or use the STRIP in a manner not inconsistent with any the planned extension
of Ball Park Boulevard without payment of rents or other charges until notified by the City that
such use must cease. When practicable, the City shall provide EMRLAND at least 15 days'
prior notice to cease its use of the STRIP so that EMRLAND may harvest or otherwise remove
any crops, equipment or personal property then located on the STRIP.
(i) Remedies Subsequent to Conveyance. In the event Glendale breaches this
Agreement by failing to materially complete the construction of the Ball Park Boulevard
extension or the Related Improvements described in this Section within one (1) year of its
Effective Date of this Agreement, EMRLAND may, in its sole discretion: (a) take legal action to
enforce its rights and remedies under this Agreement, including filing a complaint seeking to
Page 3 of 8
compel specific performance by the City, or (b) seek reconveyance of the STRIP to EMRLAND,
without charge by the City and free and clear of all liens and encumbrances.
2. TITLE POLICIES AND SURVEY.
The City shall pay for a title policy or survey of the STRIP to facilitate this acquisition.
3. EMRLAND'S REPRESENTATIONS AND WARRANTIES.
EMRLAND makes the following representations and warranties which are agreed to
constitute a material part of the consideration hereunder, which are true and accurate as of the
Effective Date of this Agreement and will be true and accurate upon execution of this
Agreement, and which shall survive the transfer of the STRIP.
(a) Action. All actions on the part of EMRLAND which are required for the
execution, delivery and performance by EMRLAND of this Agreement and each of the
documents and agreements to be delivered by EMRLAND at the closing have been duly and
effectively taken;
(b) Enforceable Nature of Agreement. This Agreement and each of the documents
and agreements to be executed by EMRLAND constitutes a legal, valid and binding obligation
of EMRLAND, enforceable against EMRLAND in accordance with its terms;
(c) Litigation. EMRLAND is not a party to any pending or threatened action, suit,
proceeding or investigation, at law or in equity or otherwise, in, for or by any court or
governmental board, commission, agency, department or officer, arising from or relating to the
STRIP or to the past or present operations and activities of EMRLAND upon or relating to the
Emrland Property; and
(d) Environmental Matters. EMRLAND has not been advised that either EMRLAND
or any condition found on the Emrland Property, including the STRIP, is in material violation of
applicable environmental law, regulation, ordinance or order of any government entity,
including, without limitation, the Comprehensive Environmental Response, Compensation and
Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the
Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Federal Toxic
Substances Control Act, as amended, and any regulations promulgated thereunder, or any other
federal, state, or local laws relating to contamination of or adverse effects on the environment.
In addition, EMRLAND has not been advised that the Emrland Property, including the STRIP,
or any underlying groundwater contains any material concentrations of regulated substances,
hazardous substances, hazardous materials, toxic substances, or similar substances, residues, and
waste. Should any such environmental issues arise (as listed above) after the execution of this
Agreement and related documents, Glendale and EMRLAND shall work together to resolve any
such issues.
4. CITY'S REPRESENTATIONS AND WARRANTIES.
Glendale makes the following representations and warranties which are agreed to
constitute a material part of the consideration hereunder, which are true and accurate as of the
Page 4 of 8
date of this Agreement, and will be true and accurate upon execution of this Agreement, and
which shall survive the transfer of the STRIP:
(a) Action. All actions on the part of Glendale which are required for the execution,
delivery and performance by Glendale of this Agreement and each of the documents and
agreements to be executed and delivered by Glendale have been duly and effectively taken.
(b) Enforceable Nature of Agreement. This Agreement and each of the documents
and agreements to be delivered by Glendale constitutes a legal, valid and binding obligation of
Glendale, enforceable against Glendale in accordance with its terms.
5. COMMISSIONS.
The parties represent and warrant to each other that there has not been and shall be no broker or
representative acting for either party in this transaction that is entitled to a fee or commission in
connection with the transaction contemplated by this Agreement. Glendale and EMRLAND
shall each indemnify, defend and hold the other party harmless for, from and against any and all
claims arising from any claim by any broker, agent or finder for fee or commissions earned as a
result of the transactions contemplated hereunder because of any act of Glendale or EMRLAND,
respectively.
6. INDEMNITY.
Without limiting the specific indemnities provided for in this Agreement, each party to this
Agreement agrees to indemnify each other party and hold it harmless for, from, and against, all
claims, damages, costs and expenses (including attorneys' fees) attributable, directly or
indirectly, to the breach by such indemnifying party of any obligation hereunder, or the
inaccuracy of any representation or warranty made by such indemnifying party herein, or in any
instrument delivered pursuant thereto, or in connection with the transactions contemplated
hereby. In addition, Glendale hereby covenants and agrees to indemnify and hold EMRLAND
harmless for, from and against any and all claims, damages, costs and expenses (including
attorneys' fees) relating in any way to the Ball Park Boulevard extension project, even though
now unknown and unsuspected; and EMRLAND hereby covenants and agrees to indemnify and
hold Glendale harmless for, from and against any and all claims, damages, costs and expenses
(including attorneys' fees) relating in any way to the Emrland Property, including the STRIP,
and accruing prior to the close of escrow, even though now unknown and unsuspected.
7. BINDING EFFECT.
The provisions of this Agreement are binding upon, and shall inure to the benefit of, the parties
and their respective heirs, personal representatives, executors, administrators, successors and
assigns.
8. ATTORNEYS' FEES.
If any action is brought by either party in respect to its rights under this Agreement, the
prevailing party shall be entitled to reasonable attorneys' fees and court costs as determined by
the court.
Page 5 of 8
9. WAIVERS.
No waiver of any of the provisions of this Agreement shall constitute a waiver of any other
provision, whether or not similar, nor shall any waiver be a continuing waiver. Except as
expressly provided in this Agreement, no waiver shall be binding unless executed in writing by
the party making the waiver. Either party may waive any provision of this Agreement intended
for its benefit; provided, however, such waiver shall in no way excuse the other party from the
performance of any of its other obligations under this Agreement.
10. GOVERNING LAW.
This Agreement shall be subject to, and construed according to, the laws of the State of Arizona
without the application of any principles of conflicts of law that would require or permit the
application of the laws of any other jurisdiction.
11. CONFLICT
EMRLAND and Glendale acknowledge this Agreement is subject to A.R.S. § 38-511, which
allows for cancellation of this Agreement in the event any person who is significantly involved
in initiating, negotiating, securing, drafting, or creating the agreement on City's or EMRLAND's
behalf, respectively is also an employee, agent, or consultant of any other party to this
Agreement.
12. NOTICES.
Notices shall be in writing and shall be given by personal delivery, by deposit in the United
States mail, certified mail, return receipt requested, postage prepaid, or by express delivery
service, freight prepaid, in each case by delivery to EMRLAND and Glendale at the addresses
set forth on the first page of this Agreement or at such other address as a party may designate in
writing. The date notice is given shall be the date on which the notice is delivered, if notice is
given by personal delivery, or five (5) calendar days after the date of deposit in the mail or with
an express delivery service, if the notice is sent through the United States mail.
Glendale: City Manager
City Engineer
City of Glendale
5850 W. Glendale Avenue
Glendale, Arizona 85301
and
City Attorney
City of Glendale
5850 W. Glendale Avenue
Glendale, Arizona 85301
Page 6 of 8
EMRLAND: EMRLAND, LLLP, an Arizona limited liability limited
partnership,
1785 W. State Route 89A, Suite 3-I
Sedona, AZ 86336
By: Rovey Management Company, an Arizona Corporation,
Its: General Partner
Attention: Ronald N. Rovey, Vice-President
13. DOCUMENTATION.
This Agreement, including Exhibits 1 through 3, which are incorporated herein by this reference,
constitutes the entire agreement between the parties pertaining to the subject matter contained
herein. Each party also agrees in good faith to execute such further or additional documents as
may be necessary or appropriate to fully carry out the intent and purpose of this Agreement.
14. TIME PERIODS.
Except as expressly provided for herein, the time for performance of any obligation or taking any
action under this Agreement shall be deemed to expire at 5:00 p.m. (Phoenix time) on the last
day of the applicable time period provided herein. If the time for the performance of any
obligation or taking any action under this Agreement expires on a Saturday, Sunday or legal
holiday, the time for performance or taking such action shall be extended to the next succeeding
day which is not a Saturday, Sunday or legal holiday.
15. AMENDMENTS.
This Agreement constitutes the entire agreement of the parties and supersedes any negotiations,
discussions, undertakings, correspondence or informal agreements of the parties. All prior and
contemporaneous agreements, representations and understandings of the parties, oral or written,
are superseded by and merged in this Agreement. No supplement, modification, or amendment
of this Agreement shall be binding unless in writing and executed by EMRLAND and Glendale
and are not effective until approved by the City Council, if necessary.
16. INTERPRETATION.
Both parties have been represented by counsel in negotiating and approving this Agreement.
This Agreement shall be interpreted, applied and enforced according to the fair meaning of its
terms and shall not be construed in favor of, or against, either party, regardless of which party
may have drafted or proposed any of its provisions or terms.
17. COVENANTS RUN WITH THE LAND.
The obligations and benefits set forth in this Agreement shall run with the land and shall be
binding upon the successors and assigns of the parties hereto.
18. ORIGINALS.
Page 7 of 8
This Agreement is executed in triplicate and each executed copy shall be considered an original.
CITY OF GLENDALE,
an Arizona municipal corporation
4.,u / ��e�yf/
By: u evin R. Phelps /
Its: City Manager
ATTEST:
VI,
Julie K. Bower
City Clerk
APPROVED AS TO FORM:
Mic . Bailey
City Attorney
EMRLAND—an Arizona LLLP
By: Rovey Management Company, an
Ari .: a Corporation
Its: G' - :l Partner
do
h. w�
By: Ronald N. Rovey U
Its: Vice President
Page 8 of 8
EXHIBIT I
"THE ROADWAY"
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EXHIBIT 2
LEGAL DESCRIPTION
THAT PART OF PARCEL 2 DESCRIBED IN DOCUMENT NO. 2016-0206092, RECORDS OF MARICOPA
COUNTY, ARIZONA, SITUATED WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 8;
THENCE N89°45'55"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 65.00
FEET TO THE WEST RIGHT-OF-WAY LINE OF 99TH AVENUE, ALSO BEING THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PART;
THENCE CONTINUING N89°45'55"W ALONG SAID SOUTH LINE, A DISTANCE OF 37.00 FEET;
THENCE N44°50'35"W A DISTANCE OF 4.25 FEET;
THENCE N89°45'55"W, ALONG A LINE BEING PARALLEL WITH, AND 3.00 FEET NORTHERLY OF SAID
SOUTH LINE, A DISTANCE OF 1230.68 FEET TO THE EAST LINE OF PARCEL NO. 3 DESCRIBED IN
DOCUMENT NO. 2006-0964236, RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE NO0°24'43"E, ALONG SAID EAST LINE, A DISTANCE OF 110.00 FEET,
THENCE S89°45'55"E, ALONG A LINE BEING PARALLEL WITH, AND 113.00 FEET NORTHERLY OF SAID
SOUTH LINE, A DISTANCE OF 1229.96 FEET;
THENCE N45°08'14"E A DISTANCE OF 56.47 FEET TO SAID WEST RIGHT-OF-WAY LINE OF 99TH
AVENUE;
THENCE S00°02'22"W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 153.00 FEET TO THE
POINT OF BEGINNING.
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EXHIBIT 3
LEGAL DESCRIPTION
THAT PART OF PARCEL 2 DESCRIBED IN DOCUMENT NO. 2016-0206092, RECORDS OF MARICOPA
COUNTY, ARIZONA, SITUATED WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 8;
THENCE N89°45'55"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 65.00
FEET TO THE WEST RIGHT-OF-WAY LINE OF 99TH AVENUE;
THENCE CONTINUING N89°45'55'W ALONG SAID SOUTH LINE, A DISTANCE OF 37.00 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PART;
THENCE N44°50'35"W A DISTANCE OF 4.25 FEET;
THENCE N89°45'55"W, ALONG A LINE BEING PARALLEL WITH, AND 3.00 FEET NORTHERLY OF SAID
SOUTH LINE, A DISTANCE OF 1230.68 FEET TO THE EAST LINE OF PARCEL NO. 3 DESCRIBED IN
DOCUMENT NO. 2006-0964236, RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE S00°24'43"W, ALONG SAID EAST LINE, A DISTANCE OF 3.00 FEET TO THE SOUTH LINE OF SAID
SOUTHEAST QUARTER;
THENCE S89°45'55'E, ALONG SAID SOUTH LINE, A DISTANCE OF 1233.69 FEET TO THE POINT OF
BEGINNING.
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T2N, ME
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
When recorded, mail to: ADRIAN FONTES
City Clerk, City of Glendale ELECTRONIC RECORDING
2019069255850 West Glendale Avenue SWDEMR ANDSOO-3- 12:27,
SW DEMRLANDS00-3-1-1--,N
Glendale, Arizona 85301
SPECIAL WARRANTY DEED
For Ten Dollars ($10.00) and other valuable consideration, Emrland, LLLP., an Arizona limited liability
partnership ("Grantor"), does hereby convey to the City of Glendale, an Arizona Municipal Corporation
("Grantee"), all right, title and interest to and in that certain parcel of Real Property situated in Maricopa
County and described as follows:
See Attached Description,"Exhibit A"
It is the intention of the parties to cause the real property on said Exhibit "A" to be constructed for the
Ballpark Boulevard Extension Project to vest title in fee simple in the City of Glendale.
Grantor warrants the title against the acts of Grantor, but no other persons whatsoever, subject only to
those encumbrances or liens of record, or as ove set forth, if any.
Dated this 30�% day of A— , 2019.
EMRland LLLP, an Arizona limited liability
limited partnership
By: Rovey Management Company, an
Ariz• . ' orporation
Its• - ,ral Partner
k. V1446
By: Ronald N. Rovey
Vice-President
Exempt Pursuant to A.R.S.§11-1134 (A)(3)
STATE OF ARIZONA
ss.
County of Yavapai
The foregoing instrument was acknowledged before me this,30 day ofIr-Vt., tt.54 , 2019, By
Ronald N. Rovey, Vice President of Rovey Management Company as the Gene ?1 Partner of EMRland
LLLP, who acknowledged that he executed this instrument for the purposes therein contained.
4A,---0.----- ..../i7....z..e
Notary Public
My commission expires:e(J/(,20
GINA MILLER
Notary Public-State of Arizona
►A r YAVAPAI COUNTY
�' - My Commission Expires
I August 11,2020
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF PARCEL 2 DESCRIBED IN DOCUMENT NO. 2016-0206092, RECORDS OF MARICOPA
COUNTY, ARIZONA, SITUATED WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 8;
THENCE N89°45'55"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 65.00
FEET TO THE WEST RIGHT-OF-WAY LINE OF 99TH AVENUE, ALSO BEING THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PART;
THENCE CONTINUING N89°45'55"W ALONG SAID SOUTH LINE, A DISTANCE OF 37.00 FEET;
THENCE N44°50'35"W A DISTANCE OF 4.25 FEET;
THENCE N89°45'55"W, ALONG A LINE BEING PARALLEL WITH, AND 3.00 FEET NORTHERLY OF SAID
SOUTH LINE, A DISTANCE OF 1230.68 FEET TO THE EAST LINE OF PARCEL NO. 3 DESCRIBED IN
DOCUMENT NO. 2006-0964236, RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE N00°24'43"E, ALONG SAID EAST LINE, A DISTANCE OF 110.00 FEET;
THENCE S89°45'55"E, ALONG A LINE BEING PARALLEL WITH, AND 113.00 FEET NORTHERLY OF SAID
SOUTH LINE, A DISTANCE OF 1229.96 FEET;
THENCE N45°08'14"E A DISTANCE OF 56.47 FEET TO SAID WEST RIGHT-OF-WAY LINE OF 99TH
AVENUE;
THENCE S00°02'22"W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 153.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 3.23 ACRES, +/-
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L 1 N89° 45' 55"W 65.0047"——__ `•'
Q L2 N89° 45' 55"W 37.00
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L4 N89° 45' 55"W 1230.68 i I `"
CO L5 N00° 24' 43"E 110.00 \I i 65' �_
W L6 S89° 45' 55"E 1229.96 ��' iL2 L l A / R/W
I 0 L7 N45° 08' 14"E 56.47
X J L8 S00° 02' 22"W 153.00 \� ��'
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SOUTH LINE OF THE S.E.
Q Q OF THE N.E. a OF SECTION 8 3.00' / E COR. SEC. 8
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•
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
When recorded, mail to: ADRIAN FONTES
City Clerk, City of Glendale ELECTRONIC RECORDING
20190692524,09/05/201912:27,
5850 West Glendale Avenue SWDEMRLANDS89-3-1-1--,N
Glendale, Arizona 85301
SPECIAL WARRANTY DEED
For Ten Dollars ($10.00) and other valuable consideration, Emrland, LLLP., an Arizona limited liability
partnership ("Grantor"), does hereby convey to the City of Glendale, an Arizona Municipal Corporation
("Grantee"), all right, title and interest to and in that certain parcel of Real Property situated in Maricopa
County and described as follows:
See Attached Description, "Exhibit A"
It is the intention of the parties to cause the real property on said Exhibit "A" to be constructed for the
Ballpark Boulevard Extension Project to vest title in fee simple in the City of Glendale.
Grantor warrants the title against the acts of Grantor, but no other persons whatsoever, subject only to
those encumbrances or liens of record, or as above set forth, if any.
Dated this 3 D day of A , 2019.
EMRland LLLP, an Arizona limited liability
limited partnership
By: Rovey Management Company, an
Ariz• I a Corporation
I : :neral Partner
i'► A h.. o^"N
By: Ronald N. Rovey C
Vice-President
Exempt Pursuant to A.R.S.§11-1134 (A)(3)
STATE OF ARIZONA
ss.
County of Yavapai I
The foregoing instrument was acknowledged before me this 3044 day of � c t,c+ , 2019, By
Ronald N. Rovey, the Vice President of Rovey Management Company as the Genrrl Partner of EMRland
LLLP, who acknowledged that he executed this instrument for the purposes therein contained.
Notary Public
My commission expires:8////g0 g(7
GINA MILLER
-OM , Notary Public-State of Arizona
YAVAPAI COUNTY
My Commission Expires
August 11,2020
•
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF PARCEL 2 DESCRIBED IN DOCUMENT NO. 2016-0206092, RECORDS OF MARICOPA
COUNTY, ARIZONA, SITUATED WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 8;
THENCE N89°45'55"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 65.00
FEET TO THE WEST RIGHT-OF-WAY LINE OF 99TH AVENUE;
THENCE CONTINUING N89°45'55"W ALONG SAID SOUTH LINE, A DISTANCE OF 37.00 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PART;
THENCE N44°50'35"W A DISTANCE OF 4.25 FEET;
THENCE N89°45'55"W, ALONG A LINE BEING PARALLEL WITH, AND 3.00 FEET NORTHERLY OF SAID
SOUTH LINE, A DISTANCE OF 1230.68 FEET TO THE EAST LINE OF PARCEL NO. 3 DESCRIBED IN
DOCUMENT NO. 2006-0964236, RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE S00°24'43"W, ALONG SAID EAST LINE, A DISTANCE OF 3.00 FEET TO THE SOUTH LINE OF SAID
SOUTHEAST QUARTER;
THENCE S89°45'55"E, ALONG SAID SOUTH LINE, A DISTANCE OF 1233.69 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.08 Acres, +/-
Nr .4
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PAGE 1 OF 2
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L I N89° 45' 55"W 65.00 `A
QL2 N89° 45' 55"W 37.00 0
�E L3 N44° 50' 35"W 4.25 i o
U L4 N89° 45' 55"W 1230.68 I Cl)
L5 S00° 24' 43"W 3.00 65'
LLI L6 S89° 45' 55"E 1233.69 R/W
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SUBJECT PROPERTY I
(0.08 Acres, +/-) E~
3.00' cA
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7.1 Eli N89°45'55"W 1 MARYLAND AVE
SOUTH LINE OF THE S.E.a (ALIGNMENT) POINT OF
Q co Q OF THE N.E. ''a OF SECTION 8 BEGINNING1
E a COR. SEC. 8
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