HomeMy WebLinkAboutProperty #: C-8951 - 5/27/2014 CITY CLEr44: C-8951
ORIGML 05/27/2014
CITY OF GLENDALE, ARIZONA
SPECIAL WARRANTY DEED
REAL PROPERTY EXCHANGE
AGREEMENT
(Agreement C-8951)
(PLEASE DO NOT REMOVE - THIS IS PART OF THE OFFICIAL DOCUMENT)
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20140432311 07/01/2014 12.14
ELECTRONIC RECORDING
EN0701144-4-1-1--
When recorded,return to: mcdevittr
Office of the City Clerk
City of Peoria
8401 West Monroe
Peoria,Arizona 85345
SPECIAL WARRANTY DEED
For valuable constderation,the City of Glendale,an Arizona municipal
corporation, ("GRANTOR")does hereby convey to CITY OF PEORIA, an Arizona
municipal corporation the("GRANTEE"), the following described real property
situated in Mancopa County,Arizona,together with all rights and privileges appurtenant
thereto ("the Property")
See Exhibit"A"attached hereto and incorporated herein(the"Property").
SUBJECT ONLY TO current taxes, assessments, reservation in patents and all
easements, rights of way, encumbrances, Ivens, covenants, conditions and restnctions
as may appear of record
And GRANTOR hereby binds itself and its successors to warrant and defend the
title to the Property, as against all acts of GRANTOR and no other, subject to the
matters set forth above
EXEMPT FROM AFFIDAVIT AND FEES PURSUANT TO A R S § 11-1134,A 3
Special Warranty Deed
103rd Ave - Glendale to Peoria
Page 2
DATE: s) d I JCf
GRANTS:: City of Glendale, an Arizona municipal corporation
By: II ►'.
Its: C-Ai/ A Yxct(ac5 —
ACKNOWLEDGEMENT
STATE OF ARIZONA )
) $5.
County of Maricopa )
On this date, before me, a Notary Public, personally appeared Bread a S.fsC.lier
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.
The foregoing instrument was acknowledged before me this (2°1 day of
f r l ,2014, by Bre(' ` S. FISCheV
Notary Public
• ALICIA MULLER
My Commission Expires: /4„„1".. , ,wnac.stateOiM AB
(1 ��n n n v !1 1 le) p�gNICOPA COUNTY
1�OU e 1�W e ' o 6 5 November 14�20 5 s
Exhibit"A"
The East Forty(40)feet of the that part of the Southwest quarter of Section 32,Township 3
North, Range 1 East of the Gila and Salt River Base and Meridian,Maricopa County,
Arizona,more particularly described as follows:
BEGINNING at the center of said Section 32,Township 3 North,Range 1 East;
Thence South 00 degrees 23 minutes 31 seconds West along the East line of said
Southwest quarter,Section 32,Township 3 North,Range 1 East a distance of 310.50 feet;
Thence South 87 degrees 20 minutes 22 seconds West a distance of 539.46 feet to a point
on the East line of COUNTY MEADOWS UNIT THREE,as recorded In Book 191 of Maps,
page 25,records of Maricopa County,Arizona;
Thence North 00 degrees 19 minutes 32 seconds West along the East line of said
COUNTRY MEADOWS UNIT THREE,a distance of 332.45 feet to the Southwest corner of
Tract"C',of COUNTRY MEADOWS UNIT TWO, as recorded in Book 185 of Maps,page
39,records of Maricopa County,Arizona;
Thence North 89 degrees 40 minutes 28 seconds East along the South line of said Tract
"C".of COUNTRY MEADOWS UNIT TWO,a distance of 642.90 feet to the POINT OF
BEGINNING.
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REAL PROPERTY
EXCHANGE AGREEMENT
DATE: a1 , 2014
PARTIES:
City of Peoria, an Arizona municipal corporation
8401 West Monroe
Peoria,Arizona 85345
Attention: Andy Granger, City Engineer
("Peoria")
City of Glendale, an Arizona municipal corporation
5850 West Glendale Avenue
Glendale, Arizona 85301
Attention: City Attorney
("Glendale")
RECITALS
A. Glendale owns certain undeveloped real property known as County Assessor Parcel
No. 142-61-002J, generally located along 103rd Avenue between Northern and Olive Avenues
in Glendale.
B. Peoria desires to improve 103rd Avenue between Northern and Olive Avenues and has
requested that Glendale cede the east forty (40) feet of the Parcel 142-61-002J, consisting of
approximately 12,440 square feet, more particularly described on Exhibit A attached hereto
and made a part hereof by this reference (the "Glendale Property"). In exchange, Peoria will
provide Glendale with certain enhancements and improvements to its remaining real property.
C. Glendale and Peoria desire to exchange interests in the Property on the terms and
conditions set forth in this Property Exchange Agreement("Agreement").
D. The value of the exchanged interests along the improved 103rd Avenue and the
Glendale property are substantially equal.
AGREEMENT
In consideration of the mutual promises and covenants set forth in this Agreement, the parties
agree to exchange their interests regarding Property on the terms and conditions set forth
below.
AC0N22314A
1. EXCHANGE TERMS & CONDITIONS.
(a) Upon approval of its City Council, Glendale shall convey the east 40 feet of
Parcel No. 142-61-002J by Special Warranty Deed, as described in Exhibit A, to the City of
Peoria as part of Peoria's road-widening project.
(b) Pending its City Council approval, as necessary, and in exchange for the
Glendale real property,Peoria shall:
• Design and construct the 103rd Avenue west half street roadway improvements
between Northern and Olive Avenues, in accordance with, at minimum
Maricopa Association of Government(MAG) Standards.
• Design and construct a decorative wroug It iron fence and access gate along the
easterly and northerly boundaries of the City of Glendale parcel to replace the
existing chain link fence. The design and construction of the gate and fence
must meet Glendale standards and approval. Such approval shall not be
unreasonably withheld. The new fence will be built on Glendale property and
will be owned and maintained by the City of Glendale.
• Design and install an access gate for use by Glendale to enter and exit the
vacant parcel; Glendale will be invited to participate in designing and
determining the location of the gate.
• Peoria staff will also participate in Glendale's future design efforts to allow
storm water from the Glendale parcel to outfall into the 103rd Avenue storm
drain system.
(c) In order for Peoria to undertake the work as provided in subparagraph (b)
above, Glendale agrees to provide to Peoria a Temporary Construction Easement (which is
attached to this Agreement as Exhibit B) to certain other real property owned by Glendale.
The Glendale property that is the subject of the Temporary Construction Easement is legally
described in Attachment 1 (Legal Description TCE)to Exhibit B.
2. SPECIAL WARRANTY DEED;PROPERTY CONDITIONS.
Upon City Council approval, at the close of escrow, Glendale shall convey title to the east 40
feet of Parcel No. 142-61-002J, as described on the attached Exhibit A, to Peoria by Special
Warranty Deed, in form and substance satisfactory to Peoria, such deed subject to no defects,
exceptions, easements, encumbrances, covenants, conditions, restrictions, mining claims or
liens.
The City of Peoria is aware and acknowledges that the entire parcel was once used as a
"wildcat" landfill site that the City of Glendale cannot guarantee the landfill site to be suitable
for roadway purposes. Peoria shall be responsible for any geotechnical or subsidence issues
that might occur.
2
3. TITLE POLICIES AND SURVEY.
No title policy or survey is required for this exchange of municipal interests.
4. PEORIA'S REPRESENTATIONS AND WARRANTIES.
(a) Action. All actions on the part of Peoria which are required for the execution,
delivery and performance by Peoria of this Agreement and each of the documents and
agreements to be delivered by Peoria 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 Peoria constitutes a legal, valid and binding obligation of
Peoria,enforceable against Peoria in accordance with its terms;
(c) Litigation. Peoria 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 Parcel No. 142-61-002J or to the past or present operations and activities of Peoria upon
or relating to this Property;
5. 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 date of this
Agreement, and will be true and accurate upon execution of this Agreement, and which shall
survive the exchange of Property interests:
(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;
(c) Litigation. Glendale 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 Glendale Property or to the past or present operations and activities of Glendale upon or
relating to the Glendale Property;
(d) Environmental Matters. Glendale has not been advised that either Glendale or
the Glendale Property 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,
3
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,Glendale
has not been advised that the Glendale Property 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 Peoria shall work together to resolve any such issues.
6. 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 transactions contemplated by this Agreement. Glendale
and Peoria 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 Peoria,respectively.
7. 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, Peoria 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 Peoria widening project along 103`d
Avenue, even though now unknown and unsuspected; and Glendale hereby covenants and
agrees to indemnify and hold Peoria harmless for, from and against any and all claims,
damages, costs and expenses (including attorneys' fees) relating in any way to the Glendale
Property and accruing prior to the close of escrow, even though now unknown and
unsuspected.
8. 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.
9. 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.
4
10. 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.
11. 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.
12. TIME.
Time is of the essence of this Agreement.
13. 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 Peoria 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.
14. FURTHER DOCUMENTATION.
Each party 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.
15. 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.
16. AMENDMENTS.
Any amendments or modifications to this Agreement must be in writing, executed by both
parties, and are subject to City Council approval, as necessary. This Agreement constitutes
5
the entire agreement of the parties and supersedes any negotiations, discussions,undertakings,
correspondence or informal agreements of the parties.
17. 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.
18. ORIGINALS.
This Agreement is executed in triplicate and each executed copy shall be considered an
original.
CITY OF GLENDALE,
an Ai ..na municipal corporation
/ d
By: Brenda S. Fischer
Its: City Manager
A LIEST:
Pam Hanna
City Clerk
APPROVED AS TO FORM:
is ael D 'alley
City Attorney
6
ACON22314A
CITY OF PEORIA,
an Arizo.; unicipal co••.ration
By: ,frpie11 eile
lts:6Vesi/A712,-,4, - Phd-e- r4e-
ATTEST: in Y0 APP _,VED AS TO FO :
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it Clerk 46 ,1,. wept City Atisrney) 5-(i)0..4 i • we
40 01
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ACON22314 A.
,
Exhibit"A"
The East Forty(40)feet of the that part of the Southwest quarter of Section 32,Township 3
North, Range 1 East of the Gila and Salt River Base and Meridian,Maricopa County,
Arizona,more particularly described as follows:
BEGINNING at the center of said Section 32,Township 3 North,Range 4 East;
Thence South 00 degrees 23 minutes 31 seconds West along the East line of said
Southwest quarter,Section 32,Township 3 North,Range I East a distance of 3110.50 feet;
Thence South 87 degrees 20 minutes 22 seconds West a distance of 539.46 feet to a point
on the East line of COUNTY MEADOWS UNIT THREE,as recorded In Book 191 of Maps,
page 25,records of Maricopa County,Arizona;
Thence North 00 degrees 19 minutes 32 seconds West along the East line of said
COUNTRY MEADOWS UNIT THREE,a distance of 332.45 feet to the Southwest corner of
Tract"C", of COUNTRY MEADOWS UNIT TWO,as recorded in Book 185 of Maps,page
39, records of Maricopa County,Arizona;
Thence North 89 degrees 40 minutes 28 seconds East along the South line of said Tract
"C".of COUNTRY MEADOWS UNIT TWO,a distance of 542.90 feet to the POINT OF
BEGINNING.