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HomeMy WebLinkAboutProperty #: P20-22 - 6/23/2020 P 2 C'_2 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES ELECTRONIC RECORDING When recorded,mail to: 20200573588,06/29/2020 01:52, P2022-4-1-1--,N City Clerk, City of Glendale 5850 West Glendale Avenue Glendale, Arizona 85301 CONVEYANCE OF EASEMENT For Ten Dollars and other valuable consideration, LDR-NWC 91sT & CAMELBACK, L.L.C., an Arizona limited liability company ("Grantor"), does hereby convey to the City of Glendale, an Arizona municipal corporation ("Grantee"), an easement to install, repair, operate, maintain, remove and replace sidewalk("Facilities")upon, over and under the surface of the following described Property: See Attached Description, "Exhibit A" and "Exhibit B" together with the right of ingress and egress to, from, across and along the Grantor's Property, and with 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. Grantee shall repair any damage to the Grantor's property caused by Grantee or its agents during the repair, replacement, maintenance or renovation of the Facilities installed by Grantee. All repair, replacement, maintenance or renovation of the Facilities shall be at Grantee's sole cost and expense and shall be performed in compliance with all applicable laws. If Grantee finds it necessary to perform excavation activities in or around the Grantor's property and the City disturbs or damages any of the property or improvements of Grantor while performing such excavation, all such property or improvements disturbed or damaged shall be restored as close to original condition as is reasonably possible at the expense of Grantee. Grantee shall keep the Grantor's property free of liens attributable to the Grantee's work. The easement rights herein granted shall not permit any additional installation of other structures, improvements or fixtures on or in the Property, by Grantee, unless Grantee receives the express consent of Grantor. Grantor, from time to time, shall have the right to relocate all Facilities at Grantor's sole cost and expense. Grantee shall indemnify, defend and hold Grantor harmless for, from and against any claim, demand, loss, liability,cost or expense(including reasonable attorneys' fees and court costs)incurred or sustained by Grantee for personal injury,bodily injury or property damage solely as a result of the exercise by Grantee of the rights granted in this easement. The easement herein granted shall not operate to prevent the use of Grantor's property for purposes which do not unreasonably interfere with the uses herein permitted. Specifically, Grantor reserves the right to use the Grantor's property for such purposes as buildings or other similar structures, landscaping, paved parking, sidewalks and/or driveways, provided these uses do not interfere with the operation and maintenance of the Facilities,including access thereof. Grantee agrees to exercise reasonable care to avoid any damage to said real property above described. This easement is subject to all matters of record. 56858\401763\223715579.v2 Dated this 02111" day of cuj� , 2020. LDR-NWC 91st & Camelback, L.L.C. an Arizona limited liability company By: Levine Investments Limited Partnership, an Arizona limited partnership,Member By: Keim,Inc., an Arizona corporation, General Partner By: William S. Lev' a fide �,. By: G&D-91st& Camelback,L.L.C., an Arizona limited liability company,Member By: Car-Del Limited Partnership, an Arizona limited partnership,Member By: Germann-GFB-II,L.L.C., an Arizona limited liability company, General Partner By: /✓ �� Gary D. Davidson, a married man dealing with his sole and separate property,Member Exempt Pursuant to A.R.S.§11-1134(A)(2), 11-1134(A)(3) 56858\401763\223715579.v2 STATE OF } }ss COUNTY OF } On 'j I/Lt I, D ,before me,/4/yj 4 h c7 here insert name and title of the officer), personally appeared s 4.,/zezij _ , proved to me on the basis of satisfactory evidence 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. WITNESS my ha and official seal. •�'•�� AMANDA B.KOWALSKI t� J Notary Public-Arizona Signature. _ -� � Maricopa Co.1#$781i¢7 `oLl Expires 04/10/2024 (This area for official notarial seal) STATE OF Azzilk } }ss COUNTY OF } On kiwic Zi 2D20 ,before me, Lis-4 brews l/s �0' c/ (here insert name and title of the officer), personally appeared f b. ha v6ddan, 1I , proved to me on the basis of satisfactory evidence 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. WITNESS my hand and official seal. nu l� ' %'� USA DREWS 'i:i Notary Public.-Arizona • '. Maricopa County Signature / g'y js �°°..:••' Expires 01/15/2022 (This area for official notarial seal) NWC 91 st Avenue&Camelback Road 56858\401763\223715579.v2 EXHIBIT A Legal description follows 56858\401763\223715579.v2 EXHIBIT "A" SIDEWALK EASEMENT LEGAL DESCRIPTION FOR A PORTION OF ASSESSOR PARCEL NO. 102-14-004D A portion of the property described in document number 2005-0286192, Maricopa County records, lying within the southeast quarter of the southeast quarter of Section 16,Township 2 North, Range 1 East, of the Gila and Salt River Meridian,Maricopa County,Arizona, more particularly described as follows: Commencing at the southwest corner of said property, said point also being the Point of Beginning; Thence along the west line of said property,North 00°23'21" East, a distance of 25.02 feet; Thence continuing along said west line,North 00°25'26" East, a distance of 15.01 feet; Thence departing said west line, South 46°42'37" East, a distance of 56.57 feet,to the south line of said property; Thence along said south line, South 88°17'31" West, a distance of 41.48 feet to the Point of Beginning. Containing 830 Square Feet or 0.019 Acres, more or less. Subject to existing rights-of-way and easements. Title: LEGAL DESCRIPTION •k• `sG CAr �'• �` No 4,4 Project#: 09009107 C.< . • -,. � 35113 � ce MICHAEL E. 70 Date: 11/27/2019 F? FONDREN .eed11 � Scale: N/A CONSULTING 19/IQNA V S P LA NO SURVEY • MAPPING SOLUTIONS E Page: 1 of 3 W W W RLFCDNSULT NG.COM •P E AZ '-9BO-4�-OIBO EXHIBIT B Exhibit follows 56858\401763\223715579.v2 EXHIBIT "B" LEGAL EXHIBIT FOR A PORTION OF ASSESSOR PARCEL NO. 102-14-004D SIDEWALK EASEMENT 102-14-004F N cNo 102-14-004D OWNER:TOLLESON UNION N o OWNER: LDR-NWC 91ST& I HIGH SCHOOL z A- CAMELBACK LLC DISTRICT NO 214 I DEED# 2005-0286192 DEED#2002-752715 NO°25'26"E 15.01' ts'.7a N CV' O N . .': N88° 17' 31"E S88° 17'31"W 531.17' P.O.B rn CAM ELBACK ROAD THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY. ITS INTENT IS TO BE USED SOLELY IN CONJUNCTION WITH THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. NTS /';7;, Title: EXHIBIT �f'.6;•CATS sG �` do �� Project#: 09009107 `' 35113 1-G / re MICHAEL E. Date: 11/27/2019 FONDREN F „ „g°ed11 �� Scale: N/A CONSULTING 44''ZoNA u S Q LAND SURVEY • MAPPING SOLUTIONS 1Zi4 N. STAOSM D . • TEMPS AZ BBZBI Page: 2 of 3 W W W.PLPCONSULTINS.COM • 445�I1910