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Home My WebLink AboutProperty #: P20-19 - 5/26/2020 P20-19 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES ELECTRONIC RECORDING 20200492274,06/08/2020 11:53, P2019-5-1-1--,N City of Peoria 8401 W Monroe Street Peoria AZ 85345 TRAIL EASEMENT City of Glendale, an Arizona municipal corporation (GLENDALE or Grantor), for and in consideration of the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant to the City of Peoria (PEORIA or Grantee), an Arizona municipal corporation, its successors, and assigns, an easement over a portion of Tract K, dedicated on the Final Plat for Wyndham Place, for the following purposes, namely: The right to enter upon for construction, reconstruction, repair, maintenance, replacement and/or monitoring its recreational public trail that is part of the existing New River Trail System over and across the following described property situated in the County of Maricopa, State of Arizona, described as follows: (See Attached Description, Exhibit "A") Said easement is granted to PEORIA for public ingress and egress to access the trail system and for PEORIA to operate and maintain its amenities that are part of said trail. The trail consists of various surface treatments, which depending on the slope and terrain of the trail location, will vary in width between 12 feet and 20 feet as it meanders through the easement. All trail surfaces, signage, amenities and future amenities (hardscape) within the easement will be operated, maintained, repaired, replaced and monitored by PEORIA. PEORIA shall also be granted the right to trim or remove the branches and tops of the trees now growing or that may hereafter grow upon the above or within the easement and to maintain the culvert in the Pinnacle Peak Road alignment, so as to prevent any vegetation or water flow from interfering with the efficient maintenance and operation of the New River Trail System. GLENDALE shall keep Tract K clear of all trash, silt and debris and maintain all landscaping (softscape), irrigation system and amenities, including the access areas connecting the New River Trail System to the public streets, except as provided herein. Trail Easement Page 2 Grantor hereby covenants that it owns Tract K and that it has a good and lawful right to grant this easement. Grantee shall be responsible for any damages, claims or loss occurring on the Property during the term of this easement caused by Grantee's negligent use of the Property or by the acts of its employees, agents, contractors, or the public. In the event the right, privilege and easement herein granted shall be abandoned and permanently cease to be used for the purposes herein granted, all rights herein granted shall cease and revert to the Grantor, its successors or assigns. Dated: te ( -0 Grantor: CITY OF GLENDALE, an Arizona municipal corporate n By: • Its: PH6 5 �`� `� ma.yv5er APPROVED AS TO FORM: Aorn: ATTEST: Ci erk EXHIBIT"A" LEGAL DESCRIPTION FOR CITY OF PEORIA—NEW RIVER MULTI-USE PATH(T0157) Now ASSESSOR PARCEL 231-17-765 COOPER • A triangular-shaped land tract situated in Tract K,Wyndham Place Final Plat as recorded in Book 398, Page 28 of Maricopa County Recorder records within the Northwest quarter of the Northwest quarter of Section 13,Township 4 North, Range 1 East of the Gila and Salt River Meridian, Maricopa County, Arizona more particularly described below: COMMENCING from the Northwest corner of said Section 13 being a 5/8 inch rebar with 3 inch brass cap stamped with RLS#52788 from which the North quarter corner of said Section 13 bears South 89 degrees 54 minutes 11 seconds East, 2632.97 feet as a basis for bearings to a point as described in the 2nd Amended Record of Survey Book 1023 Page 15 representing the North quarter corner with a 3 inch brass cap in hand hole; Thence South 89 degrees 54 minutes 11 seconds East, 209.07 feet along the North line of said Section 13; Thence South 00 degrees 05 minutes 49 seconds West, 40.00 feet to a point on the Southerly right-of-way line of W. Pinnacle Peak Road being the POINT OF BEGINNING; Thence South 89 degrees 54 minutes 11 seconds East, 80.36 feet along said Southerly right-of- way line; Thence South 15 degrees 36 minutes 44 seconds West, 72.65 feet; Thence North 40 degrees 56 minutes 16 seconds West, 92.80 feet to the POINT OF BEGINNING. Containing 2,813 square feet(0.0646 acres) more or less. Professional Land Surveyor AZ No. 19817 Digitally signed Jim by JimCrume Date: Crump 2019.10.09 08:31:28-07'00' Electronic Seal https://btr.az.gov/ Cooper Aerial Surveys Co. I www.cooperaerial.com 111402 N.Cave Creek Road,Phoenix AZ 85020 I 602.678.5111 WEST PINNACLE PEAK ROAD N Line Sec 13 N�4Cor (Basis of Bean s) k rn R Sec 13 NW Cor Sec 13 0 cc 589°54'll T. (MJ See Note 2 Set R1E Li 2.632.97'. lM7 )1(�� Rebar. w/ \rt2 N89°40'36"W, lRJ N89°57.28"W. (RJ 3" Brass Cap ,' 1.317.50'. lRl Sta 52788 See Note 1 1.316.96'. lRJ See Note 1 New Path 1 ii Easementc-- N 231-17-766/ ' 20' Landscaping, W Line Sec 13/ ► Pedestrian Acces 1°=200' and Drainage Esmt Bk 398 P 28 Line Table (M) Line Bearing Distance r LI S89°54'11"E 209.07' ;r 231-17-765 L2 S00°05'49"W 40.00' Tract City of Notes: refers to "Wyndham Place" :`� a, Glendale Book 398 Page 28 M.C.R. N�Z Mr 2.The N Line of Section 13 Is 64§ • r 231-17-764 measured from a set %' rebar w/ TRACT J 3" brass cap accepted as the NW • � Corner of Section 13 to a point as described In the 2nd Amended Record of Survey Book 1023 Pg 15 representing the N 1/4 Corner of Section 13. Professional Land Surveyor AZ No. 19817 • I >,--'----- Digitally signed SW Cor N r NW r J i rn by Jim Crume Sec 13 "—- Date: ICrume2019.10.09 i i 08:31:43-07'00' i i ELECTRONIC SEAL http://www.b tr.state.az.us/ EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION FOR PATH EASEMENT ASSESSOR PARCEL 231-17-765 COOPER AERIAL SURVEYS CO. DATE: 09/19 PROJECT NUMBER 11402 N. CAVE CREEK ROAD DSN: ___ 0000 MA PEO T0157 01 C PHOENIX,AIRZONA 85020 DRN: ___ 602-678-5111 CHK: ___ SHEET 1 OF 2 N Professional Land Surveyor AZ No. 19817 Parcel Area Sq Ft Acres Digitally signed Before Gross/Net 286.466 6.5763 JI m by Jim Crume Proposed New Path 1"=60' ,\Date: Acquisition Easement \\\` 2.813 0.0646 Crume2019.10.09 After Net 286.466 6.5763 08:31:56-07 00 ELECTRONIC SEAL http://www.btr.state.az.tzs/ P08 L3 • I r r i L5\ L4 231-17-765 Tract K Bk 398 Pg 28 i M.C.R. I L. I ti Line Table (M) Line Bearing Distance L3 S89°54'II"E 80.36' L4• S15°36'44"W 72.65' L5 N40°56'16"W 92.80' it i tit EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION FOR PATH EASEMENT ASSESSOR PARCEL 231-17-765 COOPER AERIAL SURVEYS CO. DATE: 09/19 PROJECT NUMBER 11402 N.CAVE CREEK ROAD DSN: ___ 0000 MA PEO T0157 O1 C PHOENIX,AIRZONA 85020 DRN: ___ 602-678-5111 CHK: ___ SHEET 2 OF 2