HomeMy WebLinkAboutProperty #: P23-002 - 2/28/2023 P23-002
EXHIBIT 1
EASEMENTS TABLE FOR ORDINANCE NO. JO5
ATTACHMENT
NO.
Grantor Name ZEKELMAN PROPERTY III,LLC
Development/Project FUZE BALLPARK APARTMENTS
1 Location Ballpark Boulevard west of 99th Avenue
Purpose Water Line Easement
Conveyance Document Conveyance of Easement
Grantor Name SILVER EAGLE PROPERFthS LLC
Development/Project ANDREWS REFRIGERATION
2 Location 5800 West Missouri Avenue
Purpose Water Line Easement
_ Conveyance Document Conveyance of Easement
Grantor Name FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Development/Project LIFT STATION#2
3 Location 67th Avenue at ACDC
Purpose Non-Exclusive Utility Easement
Conveyance Document Non-Exclusive Utility Easement
Grantor Name
Development/Project
Location
Purpose
L Conveyance Document
Grantor Name
Development/Project
Location
Purpose
Conveyance Document
ATTACHMENT 1
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
STEPHEN RICHER
When recorded, mail to: ELECTRONIC RECORDING
City Clerk, City of Glendale 20230104230,03/01/2023 03:06
5850 West Glendale Avenue COEZEKELMANPROPERTY-7-1-1--,N
Glendale, Arizona 85301
CONVEYANCE OF EASEMENT
For Ten Dollars and other valuable consideration,We, ZEKELMAN PROPERTY GLENDALE, LLC.,
a Delaware limited liability company ("Grantor"), does hereby convey to the City of Glendale, an Arizona
municipal corporation ("Grantee"), an easement to install, repair, operate, maintain and remove a water
line and appurtenances ("facilities") upon, over and under the surface of the following described property:
See Attached Description, "Exhibit A"
Together with the right of ingress and egress to, from, across and along the Grantor's Property, and with the
right to use lands adjacent to said easement during temporary periods of construction; 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.
By accepting this easement, the City of Glendale agrees to exercise reasonable care to avoid any damage
to said real property above described.
Dated this 2.glitday of & EphDe,r 2022.
ZEKELMAN PRO ERTY GLENDALE,
LLC., a laware li . ed liability company
By:-A nyla. Mau
Its: V i cc 1prz;t den+
Exempt Pursuant to A.R.S.§11-1134(A)(2),
11-1134(A)(3)
STATE OF ILLINOIS )
) ss.
County of Cook )
The foregoing instrument was acknowledged before me this AI day of S€, ►1b.lr , 2022
by Angela Miu, Vice President of Zekelman Property Glendale, LLC. who acknowledged that she
executed this instrument for the purposes therein contained.
, "aulin/lb
Notary Public
My commission expires:3 f(G/ZGZ(0
Ball Park Blvd W. of 99th Ave
(---joIAo ', JULIANN EGIZIO Ord D�?J'O�
$; OFFICIAL SEAL
Notary Public,State of Illinois
- My Commission Expires
`/r"A March 10,2026
I
Exhibit "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
A PORTION OF THE NORTH HALF OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 1
EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 8 FROM WHICH THE EAST
QUARTER CORNER OF SAID SECTION 8 BEARS S 89°45'55" E, A DISTANCE OF
2671.60 FEET;
THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 8, S 89°45'55" E, A DISTANCE OF 114.42 FEET;
THENCE LEAVING SAID SOUTH LINE, N 00°14'05" E, A DISTANCE OF 193.32 FEET
TO THE POINT OF BEGINNING;
THENCE N 51°46'26" W, A DISTANCE OF 190.36 FEET;
THENCE S 27°20'42" W, A DISTANCE OF 83.85 FEET;
THENCE S 64°47'51" E, A DISTANCE OF 13.83 FEET;
THENCE S 25°12'09" W, A DISTANCE OF 10.00 FEET;
THENCE N 64°47'51" W, A DISTANCE OF 13.83 FEET;
THENCE S 25°12'09" W, A DISTANCE OF 114.09 FEET;
THENCE S 64°47'51" E, A DISTANCE OF 6.50 FEET;
THENCE S 25°12'09" W, A DISTANCE OF 10.00 FEET;
THENCE N 64°47'51" W, A DISTANCE OF 6.50 FEET;
THENCE S 25°12'09" W, A DISTANCE OF 96.01 FEET;
35316
THENCE S 70°08'40" W, A DISTANCE OF 35.50 FEET; o HUB R
CHAD W. HUBER NA
RLS 35316
7740 N. 16TH STREET, SUITE 300 Kimley* Horn
PHOENIX, ARIZONA 85020 7740 N.16TH ST,Suite 300 TeL No.(602)8375511
PH. 602-837-5511 PHOENIX,AZ 85020
Scale Drawn by Checked hV Date Protect No. Sheet No.
chad.huber@kimley-horn.com N/A CWH CWH 09/15/2022 291588000 10F6
Exhibit "A"
LEGAL DESCRIPTION
THENCE N 87°21'20" W, A DISTANCE OF 92.46 FEET;
THENCE N 64°51'20" W, A DISTANCE OF 15.16 FEET;
THENCE S 25°12'58" W, A DISTANCE OF 12.60 FEET;
THENCE N 64°47'02" W, A DISTANCE OF 10.00 FEET;
THENCE N 25°12'58" E, A DISTANCE OF 12.59 FEET;
THENCE N 64°51'20" W, A DISTANCE OF 199.02 FEET;
THENCE N 53°36'20" W, A DISTANCE OF 425.18 FEET;
THENCE N 31°06'20" W, A DISTANCE OF 124.85 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS BEARS S
28°41'42" E, A DISTANCE OF 715.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT,
THROUGH A CENTRAL ANGLE OF 1°36'19", FOR AN ARC LENGTH OF 20.03 FEET;
THENCE S 31°06'20" E, A DISTANCE OF 119.75 FEET;
THENCE S 53°36'20" E, A DISTANCE OF 158.09 FEET;
THENCE N 36°23'40" E, A DISTANCE OF 6.50 FEET;
THENCE S 53°36'20" E, A DISTANCE OF 10.00 FEET;
THENCE S 36°23'40" W, A DISTANCE OF 6.50 FEET;
THENCE S 53°36'20" E, A DISTANCE OF 179.83 FEET;
THENCE N 36°39'18" E, A DISTANCE OF 6.02 FEET; tr(34,1>i
35316
CHAD
0 HUBER
Rsr•ned.•
CHAD W. HUBER �2pfVA
RLS 35316
7740 N. 16TH STREET, SUITE 300 KimI * 1Or
PHOENIX, ARIZONA 85020
P H. 602-837-5511 7740 N.16TH ST,Suite 300 TeL No.(602)837-5511
PHOENIX AZ 85020
Stele Drawn by Checked bV Date Project No. Sheet No.,
chad.huber@kimley-horn.com N/A CWH CWH 09/15/2022 291588000 20F6
Exhibit "A"
LEGAL DESCRIPTION
THENCE S 53°20'42" E, A DISTANCE OF 10.00 FEET;
THENCE S 36°39'18" W, A DISTANCE OF 5.98 FEET;
THENCE S 53°36'20" E, A DISTANCE OF 61.32 FEET;
THENCE S 64°51'20" E, A DISTANCE OF 219.54 FEET;
THENCE S 87°21'20" E, A DISTANCE OF 83.40 FEET;
THENCE N 70°08'40" E, A DISTANCE OF 23.55 FEET;
THENCE N 25°12'09" E, A DISTANCE OF 292.52 FEET;
THENCE N 64°30'54" W, A DISTANCE OF 37.16 FEET;
THENCE N 25°12'09" E, A DISTANCE OF 11.00 FEET;
THENCE S 64°30'54" E, A DISTANCE OF 37.16 FEET;
THENCE N 25°12'09" E, A DISTANCE OF 21.81 FEET;
THENCE S 64°47'51" E, A DISTANCE OF 24.86 FEET;
THENCE S 51°46'26" E, A DISTANCE OF 173.08 FEET;
THENCE N 38°13'14" E, A DISTANCE OF 4.50 FEET;
THENCE S 51°46'26" E, A DISTANCE OF 19.50 FEET;
THENCE S 38°13'14" W, A DISTANCE OF 24.00 FEET TO THE POINT
OF BEGINNING.
A-N
CONTAINING 28,778 SQ. FT. OR 0.661 ACRES MORE OR LESS. tP I�it;�e,''j i
L
0 a \°. ')
CHAD W. HUBER
/ZoNAU .5.
RLS 35316
7740 N. 16TH STREET, SUITE 300 K I
PHOENIX, ARIZONA 85020
7740 N.16TH ST,Suite 300 Tel.No.(602)837-5511
PH. 602-837-5511 PHOENIX,AZ 85020
Sce a Drawn by _Checked by Date Protect No. Sheet No.
chad.huber@kimley-horn.com NIA CWH CWH 09/15/2022 291588000 30F6
Exhibit "A"
NORTH
SEE DETAIL ON
SHEET 5
I w , -------- = I
7
> Q
_ \\ ZEKELMAN PROPERTY Its)I— GLENDALE LLC `�,�iC' ��� CD
I h. N APN: 102-60-017F //\ I
N
N N N
� I/ I
N \ /ti I ZEKELMAN PROPERTY
GLENDALE LLC
N..."--
`_�j/ APN; 102-60-016H
E. — —
�1`"' S89°44'24"E 2670.69' S89°45'55"E 2671.60'
W 1/4 CORNER
SEC. 8, T2N, R1 E E 1/4 CORNER
CENTER SEC. 8, T2N, R1 E
SEC. 8, T2N, R1 E
POC
111W-4*
3531
(.......123)
CHAD W. HUBER RLS 35316 ,pi-11ed6.
7740 N. 16TH STREET, SUITE 300 2pNA 5 KimIey >
PHOENIX, ARIZONA 85020 Horn
7740 N.16TH ST,Suite 300 Tel.No.(602)837-5511
P H. 602-837-5511 PHOENIX,AZ 85020
Scale _Drawn by Checked by D_te era ect No. 22sva
chad.huber@kimley-horn.com N.T.S. CWH CWH 09/15/2022 291588000 40F6
Exhibit "A"
NORTH
,k ./ \
j,9\% L37
L36
N \\\ L35 L38
N \N�N7 v_L22 L34
\ \ ...).-N
� L23.\� \�- L24 L33—'/,'\ \ L39 N
/ / v L4 \
N 8 \N L26 / -� ! \ L40
N \\ L27 / L6 L5 \
\ \� Mry/
\\\ \28 L29 / /,/ )L8 L41
N \ \ L43 /�<L9 POB
N \ j7\\�\ L42 ///^ L10
..` L31 �/v
L16--- 114.42'
- - - - - - - L15 — `L13 \.L12 - -
L14
CENTER
SEC. 8, T2N, R1 E
POC
„...,
• , vic, E.„\
35316
CHAD
o HUBER
CHAD W. HUBER %S%•h�d `..
RLS 35316 •
gR,zONA °•
P
7740 N. 16TH STREET, SUITE 300 Kirnley >) Morn
PHOENIX, ARIZONA 85020
P H. 602-837-5511 P N. Suite 300 Tel.No.(602)837-5511
PHOENIX,
,AZ 85020
chad.huber@kimley-horn.comN.T.S. azi Ch20jay Date Protect No. Sheet No
N.T.S. CWH CWH 09/15/2022 29158E000 5OF6
Exhibit "A"
LINE TABLE LINE TABLE
L1 = N00°14'05"E 193.32' L22= N36°23'40"E 6.50'
L2= N51°46'26"W 190.36' L23= S53°36'20"E 10.00'
L3 =S27°20'42"W 83.85' L24=S36°23'40"W 6.50'
L4=S64°47'51"E 13.83' L25=S53°36'20"E 179.83'
L5 =S25°12'09"W 10.00' L26=N36°39'18"E 6.02'
L6 = N64°47'51"W 13.83' L27=S53°20'42"E 10.00'
L7=S25°12'09"W 114.09' L28=S36°39'18"W 5.98'
L8=S64°47'51"E 6.50' L29= S53°36'20"E 61.32'
L9=S25°12'09"W 10.00' L30 =S64°51'20"E 219.54'
L10= N64°47'51"W 6.50' L31 = S87°21'20"E 83.40'
L11 =S25°12'09"W 96.01' L32 = N25°12'09"E 292.52'
L12 =S70°08'40"W 35.50' L33= N64°30'54"W 37.16'
L13=N87°21'20"W 92.46' L34= N25°12'09"E 11.00'
L14 = S25°12'58"W 12.60' L35=S64°30'54"E 37.16'
L15= N64°47'02"W 10.00' L36 = N25°12'09"E 21.81'
L16 = N25°12'58"E 12.59' L37= S64°47'51"E 24.86'
L17 = N64°51'20"W 199.02' L38 =S51°46'26"E 173.08'
L18= N53°36'20"W 425.18' L39 = N38°13'14"E 4.50'
L19=N31°06'20"W 124.85' L40=S51°46'26"E 19.50'
L20=S31°06'20"E 119.75' L41 =S38°13'14"W 24.00'
L21 = S53°36'20"E 158.09' L42= N64°51'20"W 15.16'
L43 =N70°08'40"E 23.55'
CURVE TABLE
C1 =A- 1°36'19"
R-715.00'
L-20.03'
RAD BRG =S28°41'42"E
i,&AfP14\‘`''
35316
CHAD
o HUBER 1�
CHAD W. HUBER �°�•`
RLS 35316 4R�''^ed• P•
7740 N. 16TH STREET, SUITE 300 2ONA 5 1(inalleY*
PHOENIX, ARIZONA 5 20 ®rn
0 7740 N.16TH ST,Suite 300 Tel.No.(602)837-5511
PH. 602-837-5511 PHOENIX,AZ 85020
Scale Drawn h Checked by Date Pralect No. Sheet No.
chad.huber@kimley-horn.com N.T.S. CWH CWH 09/15/2022 291588000 60F6
r'f(
ATTACHMENT 2
,
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
STEPHEN RICHER
When recorded, mail to: ELECTRONIC RECORDING
City Clerk, City of Glendale 20230104231,03/01/2023 03:06
COESILV EREAGLEPROPER-4-1-1--,N
5850 West Glendale Avenue
Glendale, Arizona 85301
CONVEYANCE OF EASEMENT
For Ten Dollars and other valuable consideration, We, SILVER EAGLE PROPERTIES LLC., an
Arizona limited liability ("Grantor"), does hereby convey to the City of Glendale, an Arizona municipal
corporation ("Grantee"), an easement to install, repair, operate, maintain and remove a water line and
appurtenances ("facilities")upon, over and under the surface of the following described property:
See Attached Description, "Exhibit A"
Together with the right of ingress and egress to, from, across and along the Grantor's Property, and with the
right to use lands adjacent to said easement during temporary periods of construction; 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.
By accepting this easement, the City of Glendale agrees to exercise reasonable care to avoid any damage
to said real property above described.
Dated this -(p day of fv t y , 2022.
SILVER EAGLE PROPERTIES
LLC., an Arizona limited liability
By. j/e h pj►'ll,�S
Its: Ci;O
Exempt Pursuant to A.R.S.§11-1134(A)(2),
11-1134(A)(3)
STATE OF ARIZONA
ss.
County of Maricopa 1
The foregoing instrument was acknowledged before me this l day of J , 2022
by OliV1c 'R ui 7 , , who acknowledged that shb executed this instrument
for the purposes therein contained. -
11 Notary Public
My commission expires: '?' 3i 1To"?"
Denisse Ruiz 5800 W Missouri Ave
Notary‘7.) Public Ord " Gy
Maricopa County,Arizona
My Comm.Expires 12-31-25
Commission No.617918
Exhibit "A"
LEGAL DESCRIPTION FOR WATERLINE EASEMENT
A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 2 NORTH, RANGE 2 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE STONE IN HANDHOLE AT THE INTERSECTION OF 59TH
AVENUE AND MISSOURI AVENUE, MARKING THE WEST QUARTER CORNER OF
SAID SECTION 17, FROM WHICH A 1/2 INCH RE AR AT THE INTERSECTION OF
57TH AVENUE AND MISSOURI AVENUE, MARKING THE SOUTHEAST CORNER OF
THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER BEARS SOUTH
89°47'00" EAST, 1340.36 FEET;
THENCE SOUTH 89°47'00" EAST, ALONG SAID SOUTH LINE, 366.00 FEET TO A
LINE 366.00 FEET EAST OF AND PARALLEL WIT THE WEST LINE OF SAID
SOUTHWEST QUARTER;
THENCE NORTH 00°01'34" WEST, 40.00 FEET;
THENCE SOUTH 89°47'00" EAST, 154.56 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 00°13'00" EAST, 342.34 FEET;
THENCE NORTH 89°47'00" WEST, 156.01 FEET;
THENCE NORTH 00°01 '34" WEST, 20.00 FEET;
THENCE SOUTH 89°47'00" EAST, 176.09 FEET;
THENCE SOUTH 00'13'00" WEST, 12.68 FEET;
THENCE NORTH 47°54'11" EAST, 117.93 FEET; �;.��D
THENCE SOUTH 42°05'49" EAST, 10.00 FEET; ��F. ��F IcaTFHoGP�
c351969 ,c
THENCE SOUTH 47°54'11 " WEST, 127.03 FEET; MGRMJ
THENCE SOUTH 00°13'00" WEST, 328.27 FEET; 9s` ^ed08 O�ryry
R/ZONA 0 U. P
THENCE SOUTH 89'47'00" EAST, 13.13 FEET; EXPIRES 03/31/23
THENCE SOUTH 00°13'00" WEST, 7.86 FEET;
THENCE NORTH 89°47'00" WEST, 33.13 FEET TO THE POINT OF BEGINNING.
24654 N. LAKE PLEASANT PKW( #103-163 PROJ. NO.: 2007004
PEORIA, A2 85583
PROJ. NAME.: 59TH & MISSOURI
` ERRAMARK rig-17758
PAGE: 1 OF 3
LAND SURVEYING —
wWt .terramot1cvurvey1ng.com DATE: 08/08/22
EXHIBIT FOR WATERLINE EASEMENT
L7 I
I
i
9 I
1 IF
J
L4
1
1
J WATERLINE
0
EASEMENT I
Liz I z N
= J J APN: 144-32-009H Q
(n
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z z IX 0 I _
CD '— I L12 01<'
40' ROADWAY - cS• .
w a •O. P.O.B. EASEMENT
• L13 DKT.3513, PG.103, I
M.C.R. '
L1 L2
\'‘A .
MISSOURI L14 494.49' AVENUE
366.00' _ _f 479.87
G S89° 47' 00"E 1340.36'
EASEMENT DETAIL
1 "- 100'
r '
LEGEND P �-TR
c,�..,�\VICATFyo0ipL
P.O.B. POINT OF BEGINNING o (' 51969
P.O.C. POINT OF COMMENCEMENT ix MARK J. xi
o GRIM
-- BOUNDARY LINE
oP $ryN
— — — WATERLINE EASEMENT 's` d08
- CENTERLINE �R� 0NA, U5P
EXPIRES 03/31/23
`. ; -` ' 24654 N. LAKE PLEASANT PKWY #103-163 PROJ. NO.: 2007004
1:�' PEORIA. AZ 85383
' P. 480-44O-1748 PROJ. NAME.: 59TH & MISSOURI
. - ERRAMARK F. 623- 777-1782 PAGE: 2 OF 3
LAND SURVEYING
www.terromarksurvGying.corn DATE: 08/08/22
LINE TABLE
LINE LENGTH BEARING
L1 40.00' NO° 01' 34"W
L2 154.56' S89° 47' 00"E
L3 342.34' NO° 13' 00"E
L4 156.01 ' N89° 47' 00"W
L5 20.00' NO° 01' 34"W
L6 176.09' S89° 47' 00"E
L7 12.68' SO° 13' 00"W
L8 117.93' N47° 54' 11 "E
L9 10.00' S42° 05' 49"E
L10 127.03' S47° 54' 11"W
L11 328.27' S0° 13' 00"W
L12 13.13' S89° 47' 00"E
L13 7.86' S0° 13' 00"W
L14 33.13' N89° 47' 00"W
• L p
,,C.,L\fICATFoL
o51969 --c
r MARK J. a
o GRIM
[�N
OP S :,\,
�
ned�8
EXPIRES 03/31/23
= 24654 N. LAKE PLEASANT PKWY #103-163 PROJ. NO.: 2007004
PEORIA, AZ 853133
::'` P. 480-44�1748 PROJ. NAME.: 59TH & MISSOURI
�.. > g E R RAM ARK F. 623--777-1782
PAGE: 3 OF 3
LAND SURVEYING
www.terramarksurveying.aem DATE: 08/08/22
ATTACHMENT 3
When recorded,return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix,AZ 85009 (MDH)
EXEMPT ARS S 11-1134,A2
FCD 1999R016
NON-EXCLUSIVE UTILITY EASEMENT
FCD Project:Arizona Canal Diversion Channel
Reach 1 (ACDC)
FCD Parcel No.: T-055
APN: 200-64-003S ptn.
FCD Permit No.:2022P249
This Non-Exclusive Utility Easement is entered into by and between the following parties and
becomes effective as of the date of recordation with the Maricopa County Recorder.
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
GRANTEE: CITY OF GLENDALE, an Arizona municipal corporation, and/or its
successors and assigns
In accordance with GRANTOR'S Board of Directors Resolutions 2018R013 dated
October 24,2018 and 88-5 dated January 16, 1989, for good and valuable consideration,the receipt
and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to
GRANTEE a non-exclusive utility easement in, upon, over, under, across, through and along a
portion of the premises set forth in instrument number 19820034338, recorded February 04, 1982
in the official records of Maricopa County ("Burdened Property"). The granted easement,
described on the attached Exhibit"A" ("Easement"), is for the purpose of constructing, operating,
repairing, and maintaining a Lift Station and appurtenances thereto (collectively, the "Facility"),
in accordance with FCD Right-of-Way Use Permit No. 2022P249 ("FCD Permit").
Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural resource regulations, and all land use
regulations, covenants, conditions, restrictions, easements, rights-of-way, and other matters of
record, or not of record, that could be disclosed by a visual inspection or accurate survey of the
real property.
Page 1 of 8
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
have unrestricted access to and use of the Easement for the purpose of operation and maintenance
of the flood control project known as the Arizona Canal Diversion Channel Reach 1(Project).
GRANTOR shall endeavor to use its best efforts to operate and maintain the Project in a manner
which will not unreasonably interfere with the GRANTEE'S rights granted by this Easement.
GRANTEE assumes all risk of damage to its Facility resulting from the Burdened Property
functioning as a flood control project.
In the event any use or activity conducted pursuant to the rights granted in this easement
by the GRANTEE interferes with GRANTOR'S use of the Burdened Property or the Burdened
Property is needed to construct, maintain, or relocate any portion of GRANTOR'S Project
(collectively"Interference"), GRANTEE shall, at GRANTOR'S request and GRANTEE'S sole
expense, eliminate the Interference upon notice from the GRANTOR. If elimination of
Interference,including but not limited to the relocation of the Facility, or any part thereof,requires
a right of way use permit, actual construction shall begin within thirty (30) days following
GRANTOR'S issuance of a right-of-way use permit. Upon mutual agreement, the time frame
for the start and completion of said work may be extended so long as such extension does not
interfere with the requirements of GRANTOR. If GRANTEE'S effort to eliminate the
Interference causes GRANTOR construction delay penalties pursuant to GRANTOR'S contract
with a third party, a copy of which will be provided to GRANTEE upon request, GRANTEE
shall reimburse GRANTOR for amount of such penalty within sixty(60)days after GRANTEE'S
receipt of the GRANTOR'S invoice for said penalties.
The GRANTEE shall, at its sole cost and expense, maintain the Easement, and
GRANTEE'S Facility located within the Easement, in a state of good repair and in a safe
condition, including without limitation the removal of trash and debris from the Easement. The
rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now
growing, or that may hereafter grow, within the Easement, or that may extend over the Easement,
so as to protect the same from interfering with the maintenance and operation of GRANTEE'S
Facility.
Page 2 of 8
FCD Project:ACDC APN:200-64-003S ptn.
FCD Parcel No.: T-055 FCD Permit No.: 2022P249
After the installation of GRANTEE'S Facility in accordance with said FCD Permit, any
modification whatsoever to the Easement,the Facility, or any appurtenance of GRANTEE located
therein, that is not in compliance with said FCD Permit, will require GRANTEE to apply for and
obtain a new right-of-way use permit from GRANTOR. GRANTOR will process any such
application in accordance with GRANTOR'S right-of-way use permit approval process.
GRANTEE shall indemnify GRANTOR for any and all damages and costs, including
without limitation, reasonable attorney's fees, court costs, and all other expenses relating to the
defense of claims or litigation, caused by or arising from the exercise of GRANTEE'S rights
pursuant to the terms of this Easement, excepting therefrom any such injury, damage or costs
caused by or arising solely from the gross negligence, or actions that are purposeful or undertaken
without regard to the consequences, by the GRANTOR, its officers, employees, agents or
contractors.
In the event GRANTEE fails to install the Facility within the Easement, or in the event
GRANTEE removes the Facility, or in the event the Facility ceases to function, or in the event of
any other event giving evidence to GRANTOR that the GRANTEE has abandoned the use of this
Easement, then and in such event, GRANTOR shall notify GRANTEE, in writing, that
GRANTOR considers that the Easement has been abandoned. In such event, GRANTEE shall
provide confirmation to GRANTOR that the Easement has been abandoned, or in the event
GRANTEE shall fail to reply that there has been no intent to abandon the Easement within thirty
(30) days of receipt of the aforesaid notice from the GRANTOR, this Easement shall be deemed
to be abandoned and GRANTOR shall be permitted to record a termination of this Easement in
the public records of Maricopa County. Unless and until such termination is recorded by
GRANTOR, this Easement shall remain in full force and effect.
The rights and privileges granted in this Easement are solely for GRANTEE to use the
Easement for the purpose stated herein, and do not include the right to permit and/or grant any other
use of the Easement to another party.
This Easement shall run with the land and is binding on all parties.
Page 3 of 8
FCD Project:ACDC APN:200-64-003S ptn.
FCD Parcel No.:T-055 FCD Permit No.: 2022P249
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL:
Michael A. Fulton Date
Director
REAL ESTATE DEPARTMENT APPROVAL:
Alex Smith, Director Date
Maricopa County Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
District General Counsel Date
Page 4 of 8
FCD Project:ACDC APN: 200-64-003S ptn.
FCD Parcel No.: T-055 FCD Permit No.: 2022P249
APPROVED:
BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY
Clint Hickman Date
Chairman of the Board
ATTEST:
Clerk of the Board Date
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
Before me, , Notary Public in and for said County, State
of Arizona, on this day personally appeared Clint Hickman, known to me to be the person whose
name is subscribed to the forgoing instrument as Chairman of the Board of the Political
Subdivision in the foregoing instrument.
Given under my hand and seal of the office this day of , 202_.
Notary Public (signature)
Page 5 of 8
FCD Project:ACDC APN: 200-64-003S ptn.
FCD Parcel No.: T-055 FCD Permit No.:2022P249
GRANTEE ACCEPTANCE AND APPROVAL:
CITY OF GLENDALE, an Arizona municipal corporation
Oft Kevin R. Phelps, City Manager
ATTEST:
J �'�03
lie K. Bower at
(Seal)
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
The foreg of Minstrume t was acknowledged before me this day ofR'I f// , ,
a 3. eA M-en4a AS r
20 n by , City Manager for the City of Glendale, who acknowledged that he
executed this instrument for the purposes therein contained.
My Commission Expires VOW 31, .023
DEANNE TORRES J Notary c (s ture)
Notary Public-State of Arizona
SC. MARICOPACOUNTY
^ tl Commission#563255
' Expires May 31,2023
APPROVED AS TO FORM:
M -412)
ichael D. C AttorneyD to
Page 6 of 8
FCD Project: ACDC APN: 200 64-003S ptn.
FCD Parcel No.: T-055 FCD Permit No.:2022P249
LEGAL DESCRIPTION
GLENDALE LIFT STATION 2 (67TH &ACDC) EASEMENT
A PORTION OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12,TOWNSHIP 3 NORTH,
RANGE 1 EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 12 TOWNSHIP 3 NORTH, RANGE 1 EAST, BEING A 3 INCH CITY OF
GLENDALE BRASS CAP FLUSH,STAMPED"N 597",THENCE NORTH 00°31'06" EAST,ALONG THE EAST SECTION LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 12,A DISTANCE OF 1,154.63 FEET,THENCE DEPARTING SAID EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 12, NORTH 89°28'54"WEST,A DISTANCE OF 55.00 FEET,TO THE WEST
RIGHT-OF-WAY OF 67TH AVENUE,AS RECORDED IN BK. 16, PG. 13 (M.C.R.),THENCE CONTINUING NORTH 89°28'54"WEST,A
DISTANCE OF 86.00 FEET,TO A FOUND 1/2 INCH REBAR WITH YELLOW CAP MARKED"LS 29259",THENCE NORTH 00°31'06"
EAST,A DISTANCE OF 37.76 FEET TO A 1/2 INCH REBAR WITH YELLOW CAP MARKED"LS 29259",ALSO BEING THE POINT OF
BEGINNING.
THENCE CONTINUING NORTH 00°31'06" EAST,A DISTANCE OF 12.24 FEET,TO A 1/2 INCH REBAR WITH YELLOW CAP MARKED
"LS 29259";
THENCE NORTH 47°17'50"WEST,A DISTANCE OF 86.37 FEET,TO A'/2 INCH REBAR WITH YELLOW CAP MARKED"LS 29259";
THENCE NORTH 89°28'54"WEST,A DISTANCE OF 29.63 FEET,TO A 1/2 INCH REBAR WITH YELLOW CAP MARKED"LS 29259",
ALSO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS BEARING SOUTH
35°32'50"WEST,A DISTANCE OF 1815.00 FEET;
THENCE ALONG THE ARC OF SAID NON-TANGENT CURVE,THROUGH A CENTRAL ANGLE OF 00°20'34",A DISTANCE OF 10.86
FEET;
THENCE NORTH 90°00'00" EAST,A DISTANCE OF 48.69 FEET;
THENCE SOUTH 51°42'47"EAST,A DISTANCE OF 73.45 FEET;
THENCE SOUTH 00°00'03" EAST,A DISTANCE OF 35.55,TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS BEARING SOUTH 39°25'30"WEST,A DISTANCE OF 1815.00 FEET;
THENCE ALONG THE ARC OF SAID NON-TANGENT CURVE,THROUGH A CENTRAL ANGLE OF 00°10'55",A DISTANCE OF 5.77
FEET,TO THE POINT OF BEGINNING
CONTAINING 1,530.26 SQUARE FEET OR 0.035 ACRES, MORE OR LESS.
i ;zi .P.
NVERSE N.ry11-OZ��.:r12 .S �.
,•00
GT21Ift EASEMENT PROJECT NO. AZ39600300
engineers DATE: 11/02/2022
CITY OF GLENDALE LIFT STATION 2
8e5-222:12ue I www.nue.com BY: DLJ
19621 N.23RD.DRIVE,STE 150,
PHOENIX,AZ 85027 GHD SCALE: NA
TEL:(602)977-8000 GLENDALE, ARIZONA SHEET NO. 1 OF 2
FAX:(602)977-8099
:,.:,,,.:ii.....1:
L4
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CD
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200-64-003T N -
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CITY OF GLENDALE i- c
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Z Z
P.O.B. 0„, I
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ir
N89°28'54"W 86.00' N89°28'54"W
�� 55.00' _ •
--X - Y X X ��'
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55' ROW u_
-.IBK16PG13 I U �
Line Table Curve Table I M.C.R. 0 U
Line# Length Direction Curve# Length Radius Radial Delta j U)
Bearing
L1 37.76' N00°31'06"E C1 10.86' 1815.00' S35°32'50"W 00°20'34" w co0 W
o Z U W
L2 12.24' NOO°31'06"E C2 5.77' 1815.00' S39°25'30"W 00°10'55" D Z
c � W H
L3 29.63' N89°28'54"W z
L4 48.69' N90°00'00"E LEGEND I
L5 35.55' S00°00'03"E • FOUND MONUMENT(AS NOTED)
EASEMENT LINE
- - TIE LINE
— — RIGHT OF WAY
x EXISTING FENCE
FUTURE WALL
% *4.r2 EASEMENT PROJECTNO. AZ39600300
Qiiio'g DATE: 11/02/2022
CITY OF GLENDALE LIFT STATION 2
1-855-222-T2UE I WWW.T2UE.COM BY: DLJ
19621 N.23RD.DRIVE,STE 150,
PHOENIX,AZ 85027 GHD SCALE: 1" =30'
TEL:(602)977-8000 GLENDALE, ARIZONA SHEET NO. 2 OF 2
FAX:(602)977-8099