HomeMy WebLinkAboutProperty #: P23-005 - 6/27/2023 OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
WHEN RECORDED, RETURN TO: STEPHEN RICHER
City of Glendale ELECTRONIC RECORDING
5850 West Glendale Avenue 20230349468,07/05/2023 11:34
Glendale,Arizona 85301 ANE99AVEMONTEBELLOA-8-1-1--,N
Attention: Airport Manager
AVIGATION AND NOISE EASEMENT P 23_0 0 5
This Avigation and Noise Easement. ("Easement") is made and entered into this S I day of ,
2023 byand between the Cityof Glendale, an Arizona municipal corporation ("Airport"), as Gran ee�e
P IP
undersigned ("Owner"), as Grantor.
RECITALS
A. The City of Glendale is the owner and operator of the Glendale Municipal Airport located at 6801 N.
Glen Harbor Blvd., Glendale, AZ 85307("Airport").
B. The Owner owns the real property legally described on Exhibit A,attached hereto and generally located
at the northwest corner of 99th Avenue and West Montebello Avenue (the"Property").
C. Owner and Airport wish to provide adequate notice of the Airport to residents and future owners of
the Property.
AGREEMENTS
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby
mutually acknowledged, the Parties for themselves and their successors.and assigns agree as follows:
1. The Recitals are a material part of this Easement and are incorporated herein by this reference.
2. This Easement is effective on the date set forth above and shall terminate when the Airport is no
longer used for airport purposes.
3. Owner hereby grants and conveys to Airport and its successors and assigns a perpetual non-
exclusive, assignable avigation and noise easement upon and over the Property for noise and other negative
impacts caused by aircraft flying to and from the Airport, including, but not limited to, climbing and
descending, takeoff and landing, and all related activities in compliance with all laws and regulations
relating to same and otherwise in compliance with this Easement ("Airport Operations"). This Easement
permits the imposition of light, smoke, air currents, electronic and other emissions, noise, illumination, loss of
privacy, odors,vibrations, discomfort, inconvenience, and interference with the use and quiet enjoyment of
the Property caused by Airport Operations, including interference with sleep, communications, or other effects.
"Aircraft" means any type of vehicle, now or hereafter known or used, designed for navigation of or flight
in the air by buoyancy or by the dynamic action of air on the vehicle's surfaces, including jet airplanes,
propeller-driven airplanes, helicopters, gliders, ultralights, drones, model airplanes, hot air balloons, and
blimps.
4. The rights granted to Airport under this Easement include the following, all of which
may be exercised only in a manner consistent with applicable law and with Owner's ability to develop the
Property in any permissible manner not inconsistent with the Easement granted herein:
1
A. The right of Airport, the general public, and any person to fly or permit the flight of any
Aircraft in, through, across, and about the airspace that is above the Horizontal Surface over
the Property as defined and calculated pursuant to Part 77 of the Federal Aviation Regulations.
The Horizontal Surface is situated above the runway at 150 feet above the surface and extends
outward approximately 5000 feet in all directions (also known in this Easement as the
("Airspace").
B. The right of Airport, the general public, and any person to cause, create, or permit to be
caused, or created within the Airspace such noise, vibration, dust, air currents, illumination,
fuel consumption, and other impacts that may result from Airport Operations, Aircraft
operations that interfere with other uses of the Property, those that annoy or bother users of
the Property, and those that are caused or made worse by any of the following:
1. Any and all temporary and permanent increases and other changes
and variation in size, number, method of propulsion, weight, noisiness, design, fuel
category, type or other characteristics of Aircraft and any permanent, temporary,
seasonal time-of-day, or other practices, laws, rules, policies, circumstances,
customs, protocols or procedure related to such increases, changes, and variations.
2. Any and all temporary and permanent changes and variations in
Airport size, orientation, configuration, layout, location, runway length, numbers of
runways, boundaries, improvements or other characteristics and any permanent,
temporary, seasonal time-of-day, or other practices, laws rules, policies,
circumstances, customs, protocols or procedures related to such changes and
variations.
3. Any and all temporary and permanent changes and variations at the
Airport in flight paths, flight frequency, flight timing, Airport Operations, climbing
and descending, altitudes, takeoff and landing, air traffic control and any
permanent, temporary, seasona4 time-of-day or other practices, laws rules,policies,
circumstances, customs, protocols or procedures related to such changes and
• variations.
C. The right of the Airport to enter the Property to enforce its rights under this Easement.
D. The right of Airport to enter the Property to remove any building, structure, improvement, or
other object that extends into the Airspace.
E. The right of Airport to enter the Property to eliminate or abate any interference with radio
communications or radar operations between the Airport and any Aircraft, whether or not
the Aircraft is above the Property or in the Airspace.
5. For the benefit of Airport, and the general public, Owner, on behalf of itself and its
successors and assigns, hereby agrees to the following restrictive covenants on the Property:
A. Owner shall keep the Airspace free and clear of all obstructions of any kind. Owner shall not
construct, install, or allow any person to construct or install any building, structure,
improvement, or other object, including trees, that extends into the Airspace or that constitutes
an obstruction to air navigation.
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B. Owner shall not create, cause, or allow any person to create or cause on the Property any
electrical or electronic interference with radio communications or radar operations between
the Airport and any Aircraft, whether or not the Aircraft is above the Property or in the
Airspace.
C. The Owner shall not use or allow others to use the Property in any manner that may interfere
with Airport Operations or that may constitute a hazard to the Airport or any Aircraft, whether
or not the Aircraft is above the Property or in the Airspace.
D. The Owner shall not use the Property in any manner that is inconsistent with this Easement or
that may be incompatible with Airport Operations.
E. The Owner has been advised and understands that: all or a portion of the Property is
located in a noise-influence area, Airport Operations might be annoying to users of the
Property and might interfere with the unrestricted use and enjoyment of the Property, and
Aircraft Operations may increase over time.
6. This Easement is appurtenant to and is for the benefit of the Airport and shall further be
deemed in gross, being conveyed to the Airport for the benefit of the Airport and any and all members of the
general public who may use said Easement or right-of-way, in landing at, taking off from or operating
aircraft in or about the Airport or in otherwise flying through said Airspace in compliance with this
Easement.
7. This Easement binds Owner and its successors and assigns and is a covenant that runs
with the Property. Owner, together with its successors in interest and assigns, hereby waives its right to
legal action against Airport, its successors or assigns for monetary damages or other redress due to impacts
(as described in Paragraphs 3 and 4 of this Easement detailing the granted rights of easement), associated
with Aircraft operation in the air or on the ground at the Airport, including future increases in the volume or
changes in location of said operations. Furthermore, the Airport, its successors and assigns shall have no duty
to avoid or mitigate such damages through physical modification of Airport facilities or establishment or
modification of Aircraft operational procedures or restrictions. Except as to the releases granted by Owner in
the preceding sentences, once Owner has transferred the Property, or any portion thereof, to a successor or
assign, Owner shall be released hereunder as to the Property or portion thereof actually transferred, with such
successor or assign thereafter being liable hereunder.
8. This Easement shall only be effective upon approval of the final site plan for the development
depicted in City of Phoenix Application No. KIVA 09-4501 . The Owner shall cause this Easement to be
recorded in the Office of the Maricopa County Recorder within five (5) days of the issuance of the final
approval of the site plan for the Property.
[signatures on the following page]
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GRANTEE:
City of Glendale,
an Arizona municipal corporation
By: City of Gl ale By: n '� — :PLY
Kevin R. Phelps
ATTEST:
Julie . ower, City Clerk (Seal)
APPROVED AS TO FORM:
Michael D. Bail , City Attorney
Exempt Pursuant to A.R.S.§11-1134 (A)(3)
STATE OF ARIZONA )
) ss.
County of Maricopa )
This instrument was acknowledged before me this 5-kiday of JUL/ , 2023 by �� �d 5f-- wy-
Kevin R. Phelps, City Manager for the City of Glendale, who ac owledged that he executed this
instrument for the purposes therein contained. �}
(ucI V W
Notary Public
My commission expires:
ifillaS+, 61 a 0,94
i.E 87
OFFICIAL SEAL
'1. 4 cam TRISHA M.ALANIZ
NOTARY PUBLIC-STATE OF ARIZONA
'
MARICOPA COUNTY
gym, 91 .44 COMMISSION#586650 I
_ My Comm.Expires August 25,2024
4
OWNER/GRANTOR:
STREAMLINER ALDEA,LLC,
an Arizona limited liability company
By: Streamliner Aldea Holdings,LLC
a Delaware limited liability company,
Manager and Member
By: Greenlight Streamliner Aldea Manager,LLC
an Arizona limited liability company,
Manager
By: Greenlight Communities,LLC,
an Arizona limited liability company,
Manager
By: RDP Commercial,LLC,
an Arizona limited liability company,
Member
By:
Pat Watts
Manager
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before this 8 ff}day of J U NL" , 2023 by
Pat Watts, as the Manager of RDP Commercial, LLC, an Arizona limited liability company, as the
Member of Greenlight Communities, LLC, an Arizona limited liability company, as the Manager of
Greenlight Streamliner Aldea Manager, LLC, an Arizona limited liability company, as the Manager of
Streamliner Aldea Holdings, LLC, a Delaware limited liability company, as the Manager and Member
of Streamliner Aldea, LLC, an Arizona limited liability company, on behalf of aid company.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
�'"esWrssr' JESSICA MARIE LAWSON
Notary Public-Arizona
'7:40 � Maricopa Count
—. Commission 4 608443 otary Public
y Commission Expires: My Comm.Expires Jul 14,2025
iq,
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EXHIBIT A
Legal Description of the Property
6
LEGAL DESCRIPTION
NORTHERLY PORTION March 1, 2023
OF LOT 2—BK.1482, PG.08 Job No. 6544
PHOENIX, ARIZONA Page 1 of 1
A NORTHERLY PORTION OF LOT 2, ALDEA CENTRE, ACCORDING TO THE PLAT OF RECORD IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 1482
OF MAPS, PAGE 8, AND THEREAFTER AFFIDAVIT OF CORRECTION RECORDED IN DOCUMENT NO.
2021-1368429, LOCATED IN THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE
1 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST QUARTER OF SAID SECTION 17, FROM WHICH THE EAST
QUARTER OF SAID SECTION 17 BEARS SOUTH 00 DEGREES 53 MINUTES 49 SECONDS WEST, A
DISTANCE OF 2,637.88 FEET;
THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, SOUTH 00 DEGREES 53 MINUTES
49 SECONDS WEST, A DISTANCE OF 394.72 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 89 DEGREES 27 MINUTES 54 SECONDS WEST,A
DISTANCE OF 55.02 FEET TO A POINT ON A LINE 55.00 FEET WEST OF AND PARALLEL WITH THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, SAID POINT BEING THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEGREES 53 MINUTES 49 SECONDS WEST, A
DISTANCE OF 329.80 FEET;
THENCE DEPARTING SAID PARALLEL LINE, NORTH 89 DEGREES 06 MINUTES 22 SECONDS WEST, A
DISTANCE OF 659.94 FEET;
THENCE NORTH 00 DEGREES 52 MINUTES 50 SECONDS EAST, A DISTANCE OF 642.81 FEET TO A
POINT ON THE SOUTH LINE OF THE GRAND CANAL;
THENCE ALONG SAID SOUTH LINE, NORTH 86 DEGREES 40 MINUTES 18 SECONDS EAST, A
DISTANCE OF 321.60 FEET;
THENCE DEPARTING SAID SOUTH LINE, SOUTH 00 DEGREES 56 MINUTES 12 SECONDS WEST, A
DISTANCE OF 345.17 FEET;
THENCE NORTH 89 DEGREES 27 MINUTES 54 SECONDS EAST, A DISTANCE OF 339.74 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 320,359 SQUARE FEET OR 7.354 ACRES, MORE OR LESS.
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RICK ENGINEERING COMPANY 122425 N.16th Street,Suite 1,Phoenix,AZ 85024
11cp.rickeng.comlprojects1P0550016544_Aldea CabanalSutveylLegals16544 N.DESCRIPTION.docx
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EXHIBIT
R. I C K
22425 N 16TH STREET SUITE#1 N. PORTION OF LOT 2 -
PHOENIX,AZ 85024 BK.1482, PG.08
480.922.0780 PHOENIX, ARIZONA
ENGINEERING COMPANY rickengineering.com
inimIN DRAWING: 6544_LGL BASE.DWG
San Diego-Riverside-San Luis Obispo-Sacramento-Orange-Tucson-Phoenix-Las Vegas-Denver
JOB# P6544 SCALE: NTS SHT: 1 OF 1
DRAFTER: TLH CHK: ELS DATE: 3/1/23