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HomeMy WebLinkAboutProperty #: P21-008 - 3/13/2021 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER STEPHEN RICHER 20210479480 04/29/2021 12: 00 ELECTRONIC RECORDING P21008-3-1-1-- P21 -008 morenoa RELEASE OF CLAIMS THIS RELEASE OF CLAIMS (the"Release") is made as of this) day of March,2021 by and between CAMELBACK SPRING TRAINING LLC, a Delaware limited liability company("Releasor"), and CITY OF GLENDALE,an Arizona municipal corporation("Releasee"). RECITALS: A. Releasor and the City of Phoenix ("Phoenix") have entered into an Agreement for the Purchase and Sale of City-Owned Property,pursuant to which Releasor has the right to purchase certain real property known as Maricopa County Assessor Parcel Number 102-59-019(the"Proverty"). B. The Property is subject to that certain Drainage Easement dated August 2, 1990, and recorded as Document No. 1990-0365462, Official Records of Maricopa County, Arizona (the"Official Records"), which Drainage Easement benefits multiple adjacent property owners, including, without limitation,Releasee. C. In connection with Releasor's acquisition and development of the Property,Releasor has requested that Releasee agree to release its interest in the Drainage Easement pursuant to that certain Release of Drainage Easement to be recorded in the Official Records concurrently with Releasor's acquisition of the Property. D. In consideration for Releasee's execution and delivery of the Release of Drainage Easement, Releasor desires to release Releasee from any claims in connection therewith as provided in this Release. NOW,THEREFORE, in consideration of the foregoing Recitals and the mutual covenants and agreements contained herein,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Releasor and Releasee,intending to be legally bound, agree as follows: 1. Release of Claims. In consideration for Releasee's execution and delivery of the Release of Drainage Easement, Releasor hereby releases, remises, and forever discharges Releasee and its officers,directors,employees,attorneys,successors,and assigns(the"Released Parties")of,for,and from all damage, loss, claims, demands, liabilities, obligations, actions and causes of action whatsoever (collectively, "Claims") which Releasor may now have or claim to have against the Released Parties, whether presently known or unknown, whether now accrued or hereafter arising, solely to the extent caused by Releasee's execution and delivery of the Release of Drainage Easement. The aforementioned release shall become effective only upon Releasor's acquisition of the Property. In the event Releasor fails to acquire the Property,this Release shall be null and void and of no effect. 2. Entire Agreement. This Release constitutes the entire agreement between the parties with respect to the subject matter of this Release, and there are no other covenants, agreements, promises, terms, provisions, conditions, undertakings, or understandings, either oral or written, between them concerning the subject matter of this Release. No subsequent agreement between the parties shall be binding upon the parties unless it is in writing and signed by all of the parties or the party to be bound. 3. Severability. If any clause or provision of this Release is determined to be illegal, invalid, or unenforceable under any present or future law by the final judgment of a court of competent jurisdiction, such clause or provision shall be ineffective, but the remainder of this Release will not be affected thereby. 17953568.3/045844.0002 4. Construction. The parties acknowledge that each party and its counsel have reviewed and approved this Release and that the normal rule'of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Release or any amendments or exhibits hereto. • 5. Counterpart Execution. This Release may be executed in two or more counterparts, each of which shall be deemed an original instrument and all of which combined shall constitute one and the same instrument. • 6. Successors and Assigns. All of the provisions of this Release shall be binding upon and shall inure to the benefit of Releasor, Releasee, the Released Parties, and their respective successors and assigns. 7. Applicable Law. This Release shall be governed by and construed in accordance with the internal laws of the State of Arizona(without regard for its conflicts of law principles). 8. Waivers. No waiver of any of the provisions of this Release shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver be a continuing waiver. Except as expressly provided in this Release, no waiver shall be binding upon any party unless executed in writing by the party to be bound. Either party may waive any provisions of this Release intended for its benefit; provided, however, that such waiver shall in no way excuse the other party from the performance of any of its other obligations under this Release. 9. Headings. Paragraph or other headings contained in this Release are for reference purposes only and are not intended to affect in any way the meaning or interpretation of this Release. [Signatures on the next page] • • • Page 2 of 3 • IN WITNESS WHEREOF,this Release is executed as of the date first above written. RELEASEE: CITY OF GLENDALE, an Ari municipal corporation City Manager By: Date Li / ( VI APPRO E AS TO FORM: ATTEST: lZi#1-- City tom City Clerk RELEASOR: CAMELBACK SPRING TRAINING,LLC �,�-• � r1 Date �1 verton, President& General Manager • Page 3 of 3 When recorded, send to: City of Phoenix,Real Estate Division Attn: Debbie Ortega 251 W.Washington Street,8th Floor Phoenix,AZ 85003 RELEASE OF DRAINAGE EASEMENT Exempt under A.R.S. 11-1134-A3 The City of Glendale, an Arizona municipal corporation, hereby executes this Release of Drainage Easement with respect to the following. WHEREAS, pursuant to that certain easement for drainage purposes as granted and described in the instrument dated August 2, 1990, recorded in Document No. 1990-365462, records of Maricopa County, Arizona, described in Exhibit"A" attached hereto; The City of Glendale hereby acknowledges that the easement for drainage purposes is no longer needed and hereby releases all rights, title, and interest to the Drainage Easement and acknowledges that the same shall no longer be of any force or effect whatsoever. Dated this 19 day of A p it i I , 20 21 . City of Glendale, ;0na municipal corporation PA"' It / By: - R. "' 1ps, 'tty Manager ATTEST: Julie . ower, City Clerk (SEAL) APPROVED AS TO FORM: Michael . Bai , City ttorney DO NOT WRITE,STAMP,EMBOSS OR PLACE ANY MARKS WHATSOEVER OUTSIDE THE MARGIN LINES OF THIS INSTRUMENT OR THE MARICOPA COUNTY RECORDER MAY NOT RECORD IT,PURSUANT TO A.R.S.11-480. RELEASE OF DRAINAGE EASEMENT ACKNOWLEDGMENT STATE OF /Tr 1 7-0 I1 CC ) ^/ )ss. v COUNTY OF I iv/ 0 of . ) This instrument was acknowledged before me this f q day of April , 20 �.l , by J a(/ rrl ed l 1'i e, , A 1�5'C��t Ct' L/MaIiji ehalf of the 6-tyof 1: /4'2dtil& NOTARY PUBLIC My Commission Expires: IV? Gay 3f, ,L, NOTARY SEAL DEANNE TORRES N018ry DEW.State of Arizona MARICOPA COUNTY �� Expires May 31,2023 DO NOT WRITE, STAMP, EMBOSS OR PLACE ANY MARKS WHATSOEVER OUTSIDE THE MARGIN LINES OF THIS INSTRUMENT OR THE MARICOPA COUNTY RECORDER MAY NOT RECORD IT,PURSUANT TO A.R.S.11-480. DRAINAGE EASEMENT TO BE ABANDONED OVER A PORTION OF A.P.N. 102-59-019, M.C.R. PHOENIX, AZ 85003 That portion of that Drainage Easement recorded in Document No. 1990-365462 lying within the Southwest quarter of Section 18, Township 2 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at South quarter corner of said Section 18 being marked by a 3—inch Maricopa County Department of Transportation brass cop in handhole from which a 3—inch Maricopa County Department of Transportation brass cap in handhole marking the Southeast corner bears North 87 degrees 31 minutes 41 Seconds East 2613.44 feet from a 3—inch Maricopa County Department of Transportation brass cap in handhole; THENCE North 02 degrees 28 minutes 24 seconds West 319.07 feet to the beginning of a non—tangent curve concave Southwesterly having a radius of 1,000 feet and a chord bearing of North 18 degrees 29 minutes 44 seconds West 552.12 feet THENCE North westerly along the arc of said curve through a central angle of 32 degrees 03 minutes 01 seconds and an arc length of 559.38 feet to a 3—inch City of Phoenix brass cap; THENCE North 34 degrees 31 minutes 01 seconds West 204. 17 feet to the beginning of a curve to the right having a radius of 900.00 feet THENCE Northwesterly along the arc of said curve through a central angle of 08 degrees 18 minutes 22 seconds and an arc length of 130.47 feet; THENCE South 63 degrees 47 minutes 22 seconds West 50.00 feet to the West line of North Ball Park Boulevard as shown on the Final Plat for GLENDALE SPRING TRAINING COMPLEX, recorded in Book 1020 of Maps, Page 39, official records of Maricopa County, Arizona and the POINT OF BEGINNING; THENCE South 74 degrees 46 minutes 37 seconds West 244.29 feet along the South line of said Drainage Easement; THENCE South 83 degrees 08 minutes 09 seconds West 240.04 feet along said South line to a half—inch capped rebar stamped 33868; DESCRIP770N CONTINUES ON NEXT PAGE .4g,D lANO SG �g'��Qc�FICATF�G�� Q U 42137 4 SHEET 1 OF 4 KAVID S. LEIN l 2122 W. Lone Cactus Dr. • r,,�� Ste. 11, Phoenix, AZ 85027 w3/19/2o2t i f� i 11 623-869-0223 (office) c,Q'• r 623-869-0726 (fax) deb- SURVEYING SERVICES, INC. www.superiorsurveying.com ,p ; info©superiorsurveying.com r DATE: 3/19/2021 JOB NO.: 190216 DRAINAGE EASEMENT TO BE ABANDONED OVER A PORTION OF A.P.N. 102-59-019, M.C.R. PHOENIX, AZ 85003 THENCE South 89 degrees 47 minutes 41 seconds West 286.97 feet along said South line to a half—inch capped rebar stamped 33868; THENCE North 00 degrees 10 minutes 56 seconds East 101.64 feet to the beginning of a curve to the right having a radius of 1130.00 feet; THENCE Northeasterly along the arc of said curve through a central angle of 65 degrees 29 minutes 58 seconds and an arc length of 1291.79 feet to a half—inch capped rebar stamped 42137; THENCE North 65 degrees 40 minutes 54 seconds East 236.76 feet to the beginning of a non—tangent curve concave Northwesterly having a radius of 1070.00 feet and a chord bearing of North 60 degrees 38 minutes 33 seconds East 225.54 feet; THENCE Northeasterly along the arc of said curve through a central angle of 12 degrees 05 minutes 58 seconds and an arc length of 225.95 feet to a half—inch capped rebar stamped 42137; THENCE South 49 degrees 13 minutes 12 seconds East 6.08 feet to the West line of said North Ball Park Boulevard being marked by a half—inch capped rebar stamped 42137; THENCE South 43 degrees 47 minutes 36 seconds West 222.33 feet along said West 50.00 feet to the beginning of a non—tangent curve concave Southeasterly having a radius of 950.00 feet and a chord bearing of South 08 degrees 48 minutes 42 seconds West 1090.40 feet being marked by a half—inch capped rebar stamped 42137; THENCE Southwesterly along the arc of said curve through a central angle of 70 degrees 02 minutes 42 seconds and an arc length of 1161.38 feet to the POINT OF BEGINNING. ��,0p LAND s0 �5 ‘FIca7•6. L 4, lv� G 42137 SHEET 2 OF 4 tieDAVtD S. f0k,, r 2122 W. Lone Cactus Dr. KLEIN\3/19/202.1/ 0-- - ti0 Ste6.2131-8P6h9o—e0n2ix3Affi8c5e0)27 Ba '' �•• i 623-869-0726 (fax) SURVEYING SERVICES, INC. www.superiorsurveying.corn info©superiorsurveying.corn DATE: 3/19/2021 JOB NO.: 190216 fl-5-(6)-- -- , DRAINAGE EASEMENT TO BE ABANDONED OVER A PORTION OF A.P.N. 102-59-019, M.C.R. ,�AEo lallo sb9 PHOENIX, AZ 85003 sC ��FICATic G� tl,i Q�'fv 42137 �4 9 �I DAVID S. KLEIN o NOT TO SCALE ''a�349/2021.: 9 • 4. 'ed..... '' P' r RETENTION BASIN AREA • `? & DRAINAGE EASEMENT \ APPIrfir i r- PER DOCUMENT 1990-365462, M.C.R. r A.P.N. 102-59-019 SOUTHWEST CORNER POINT OF SECTION 18, TO2N, ROlE 1 1 `1, BEGINNING zlcil-n _� SOUTH 1 4 COR P� to a) o RK `IN aod- SEC. 18, T02N, R01 E elk o N 4) cn I N 02'28'24" W 0 O •• 319.07' /� ►: C� SEE SHEET 4 k� FOR LINE & CURVE (BASIS OF N 34'31'01" W TABLE O .4\ Lu BEARINGS) 204.17' t SHEET 3 OF 4 SEE DETAIL FIfri Ipt ;.:=� - `' 2122 W. Lone Cactus Dr., Ste. 11 0 N . `r� Phoenix, AZ 85027 Z .1 3ill ti 0111 623-869-0223 (office) SOUTHEAST CORNER 623-869-0726 (fax) SEC110N 18, TO2N, ROlE 1=4 SURVEYING SERVICES, INC. WWWsuperiorsurveying.com DETAIL info©superiorsurveying.com (NO SCALE) DATE: 3/19/2021 JOB NO.: 190216 DRAINAGE EASEMENT TO BE ABANDONED OVER A PORTION OF A.P.N. 102-59-019, M.C.R. PHOENIX, AZ 85003 LINE TABLE LINE BEARINGS LENGTH L 1 S 63'47'22" W 50.00' L2 S 74'46'37" W 244.29' L3 ' S 83'08'09" W 240.04' L4 S 89'47'41" W 286.97' L5 N 00'10'56" E 101.64' L6 N 65'40'54" E 236. 76' L7 S 49'13'12" E 6.08' L8 S 43'47'36" W 222.33' CURVE TABLE CURVE RADIUS DELTA LENGTH CHORD BEARING CHORD DISTANCE Cl 1000.00' 32 03'O1" 559.38' N 18'29'44" W 552. 12' C2 900.00' 78'16'58" 1229.66' N 04'37'28" E 1136.22' C3 900.00' 8'18'22" 130.47' N 3021'49" W 130.36' C4 1130.00' 6529'58" 1291.79' N 32'55'55" E 1222.59' C5 1070.00' 12'05'58" 225.95' N 60'38'33" E 225.54' C6 950.00' 70'02'42" 1161.38' S 08'48'42" W 1090.40' L (457-0 e' 421374/9 DAVI D S. SHEET 4 OF 4 KLEIN 2122 W. Lone Cactus Dr. • �f• 3//9/2o2t•` Ste. 11, Phoenix, AZ 85027 s''nBd •.••••••• Q.• i �+ i 623-869-0223 (office) �?• 5' 623-869-0726 (fax) � ww.superiorsurveying.comSURVEYINGIftEwY10El, INC.IBC. info©superiorsurveying.com Pr DATE: 3/19/2021 JOB NO.: 190216