Ordinance #: O20-34 - Date Adopted: 5/26/2020 OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
ELECTRONIC RECORDING
20200519008,06/15/2020 02:07
Recorded by: 02034-3-1-1--,N
City Clerk
City of Glendale
5850 West Glendale Avenue
Glendale,AZ 85301-2599
CERTIFICATION
Glendale
ARIZONA
STATE OF ARIZONA
County of Maricopa
City of Glendale
I, Julie K. Bower, being the appointed and duly qualified City Clerk of the City of
Glendale, Maricopa County, Arizona, certify that the following is a true and correct copy
of Ordinance 020-34, that remains on file with the Office of the Glendale City Clerk.
Given under my hand and seal this Monday, June 15, 2020.
Ju . Bower, MMC
Ci y Clerk
ORDINANCE NO. 020-34
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA,
AUTHORIZING THE EXECUTION OF A TRAIL EASEMENT
IN FAVOR OF THE CITY OF PEORIA FOR THE NEW RIVER
TRAIL SYSTEM AT THE PINNACLE PEAK ROAD
ALIGNMENT AND DIRECTING THE CITY CLERK TO
RECORD A CERTIFIED COPY OF THE ORDINANCE.
WHEREAS, the City of Peoria (Peoria) is constructing a segment of the New River Trail
System/Multi-Use Path (Path) within its jurisdiction north of Pinnacle Peak Road at the 75th
Avenue alignment; and
WHEREAS, Peoria requires a connection consisting of approximately 0.06 acres between
its segment and the City of Glendale (Glendale) segment of the Path south of Pinnacle Peak
Road and 75th Avenue; and
WHEREAS, Glendale owns Tract K of Wyndham Place south of Pinnacle Peak Road and
the 75th Avenue alignment for drainage purposes and granting a trail easement does not prevent
its continued operation of Tract K as a drainage facility; and
WHEREAS, the New River Trail System is an important link to a regional multi-use trail
system in Maricopa County and this easement supports the connection between Glendale's and
Peoria's portions of the system.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That the City Manager and City Clerk be authorized and directed to execute
the Trail Easement in favor of the City of Peoria as provided in Exhibit 1.
SECTION 2. That the City Clerk is accordingly instructed and authorized to forward a
certified copy of this ordinance for recording to the Maricopa County Recorder's Office.
SECTION 3. That the provisions of this ordinance shall become effective thirty (30)
days after passage of this ordinance by the Glendale City Council.
(Signatures on the following page)
PASSED, ADOPTED AND APP'0 'ED by e Mayor and Council the City of
Glendale, Maricopa County, Arizona, this 2. o Ma , 2020
Ma , '' '. Weiers
ATTEST:
J i . Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michae P P. 010 ity Atto ,ey
REVIEWED BY:
-1
Ke in R. Phelps, City Manager
EXHIBIT 1
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:
Grantor: CITY OF GLENDALE, an Arizona municipal
corporation
By:
Its:
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
ACKNOWLEDGEMENT
STATE OF ARIZONA )
) ss.
County of Maricopa )
On this date, before me, a Notary Public, personally appeared
known to me or satisfactorily proven to be the person
whose name is subscribed to this instrument and acknowledged that he executed the
same. If this person's name is subscribed in a representative capacity, it is for the
principal named and in the capacity indicated.
Notary Public
My Commission Expires:
EXHIBIT"A"
LEGAL DESCRIPTION FOR
CITY OF PEORIA—NEW RIVER MULTI-USE PATH(T0157)
ASSESSOR PARCEL 231-17-765 c.octRER
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
J i m by Jim Crume
Date:
Crum e2019.10.09
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 Z Cor
NW Cor (Basis of Bearin s) k SS N Sec 13
o
Sec 13 �Et See Note 2
S89°54'11'1E. (N)
T4
R
Set
t%IE A LI 2.632.97', (M) ��
---4- 1(
Rebar w/ L2 N89°40'36"I�+. (R) N89°57'28 (R)
3" Brass Cap �"' I 1.317.50'. (R)
Stamped
1.316.96'. (R)
RLS 52788 ( See Note 1 See Note 1
New Path 1
Easement N
231-17-766/
' 20''
Landscaping,
W Line Sec 13/ ► Pedestrian Acces 1"=200'
and Drainage Esmt
Bk 398 P 28
i
Line Table (M)
Line Bearing Distance
1 L1 S89°54'11"E 209.07'
' 231-17-765 L2 SOO°05'49"W 40.00'
Tract K Notes:
. i City of 1. (R) refers to "Wyndham Place"
:u co Glendale Book 398 Page 28 M.C.R.
N I% r
2.The N Line of Section 13 Is
tn %I ; 231-17-764 measured from a set " rebar w/
8 TRACT J 36 brass cap accepted as the NW
1 r Corner of Section 13 to a point
as described in the 2nd Amended
Record of Survey Book 1023 Pg 15
representing the N 1/2 Corner of Section 13.
Professional Land
Surveyor AZ No. 19817
ry - `---- Digitally signed
SW Cor NI/2NW'! ' by Jim Crume
Sec 13 �`--i -— i Date:
r I Crume2019.10.09
it I i 08:31:43-07'00'
t I i
ELECTRONIC SEAL
http://www.btr.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 70157 01 C
PHOENIX,AIRZONA 85020 DRN: ___
602-678-5111 CHK: ___ SHEET 1 OF 2
Professional Land
Surveyor AZ No. 19817 Parcel Area Sq Ft Acres
Digitally signed Before Gross/Net 286.466 6.5763
J{m by Jim Crume Proposed New Path 1"=60'
Date: Acquisition Easement N.
2.813 0.0646
Crul a rY�ee2019.10.09 After Net 286.466 6.5763
08:31:56-07 00
ELECTRONIC SEAL
http://www.btr.state.az.us/
1308
L3
-
L5\ L4 I
I
231-17-765 , 1
Tract K I I
Rk 398 Pg 28
M.C.R. '
I ti
I
i
Line Table (M) /
Line Bearing Distance
L3 S89°54'11"E 80.36'
L4 S15°36'44"W 72.65'
L5 N40°56'16"W 92.80' I i
i. '
t �
i '
I
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 2 OF 2