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HomeMy WebLinkAboutProperty #: C-9561 - 12/22/2014 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER I 1: HELEN PURCELL 20150495628 07/09/2015 04:35 ELECTRONIC RECORDING WHEN RECORDED MAIL TO: 201555424-6-1-1-- Hoyp SALT RIVER PROJECT Land DepartmentlPAB350 _ _ I P. O.Box 52025 Phoenix,Arizona 85072-2025 C-9561 12/22/2014 RIGHT OF WAY LICENSE Maricopa County R/W No.4 t'1'`CCr C+ KNOW ALL MEN BY THESE PRESENTS: That for the consideration of One($1.00)Dollar and other valuable considerations,SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, Licensor, hereby grants to the CITY OF GLENDALE, an Arizona municipal corporation, Licensee, a Right of Way License ("License") conveying the nonexclusive right and privilege to enter upon and use the following described certain real property ("Licensed Property") for roadway, landscaping, water, and sewer lines, situated in the County of Maricopa,State of Arizona,to-wit: See Exhibit A attached hereto and by reference made a part hereof. This License is subject to the paramount rights of the United States of America("USA")in and to the Licensed Property,federal reclamation law,and all agreements existing and to be made between and among the U.S.A.,the Salt River Valley Water Users'Association("Association")and Licensor regarding the management,care,operation and maintenance of the Reclamation Project. The License herein granted shall be subject to the following additional conditions: 1) Licensor shall retain the prior right to construct, reconstruct, operate and maintain its existing and future irrigation, electrical and telecommunication facilities within the Licensed Property herein granted. 2) This License is nonexclusive and nothing herein shall be construed to prevent or restrict Licensor from granting other privileges to use the Licensed Property in a manner not inconsistent with Licensee's use of the Licensed Property in accordance with this License. 20150495628 3) Licensor shall not be liable for any expense, cost or charge arising from Licensee's exercise of rights granted herein. Licensee shall reimburse Licensor for all costs and expenses incurred by Licensor to remove or relocate irrigation or electrical facilities and landscaping to accommodate the purposes for which this License is issued. 4) Prior to making any improvements or requesting any proposed alteration to existing structures within the Licensed Property, Licensee shall submit plans for Licensor's approval.Such approval shall not be unreasonably withheld. 5) To the extent not prohibited by law or expressly excepted herein, Licensee,its successors and assigns ("Indemnitors"), shall indemnify, release, and hold harmless Licensor, Association and the United States of America("Indemnitees")and the directors,officers, employees,agents, successors and assigns thereof, against and from any damage,loss or liability caused in whole or in part by Licensee,regardless of whether caused in part by Indemnitees or any of them, and suffered by Indemnitees as a result of any claim, demand, lawsuit or action of any kind, whether such damage or loss is to person or property,arising out of,resulting from or caused by:(a)the acts or omissions of Licensee, its agents, contractors, officers, directors, or employees; (b)Licensee's use or occupancy of the Licensed Property for the purposes contemplated by this License,including but not limited to claims by third parties who are invited or permitted onto the Licensed Property, either expressly or impliedly,by Licensee or by the nature of Licensee's improvement or other use of the Licensed Property pursuant to this License; (c) Licensee's failure to comply with or fulfill its obligations established by this License or by law. Such obligation to indemnify shall extend to and encompass all costs incurred by Licensor in defending against such claims, demands, lawsuits or actions,including but not limited to attorney, witness and expert witness fees, and any other litigation related expenses. Indemnitors' obligation pursuant to this Section shall not extend to any damage, loss or liability as a result of any claim, demand, lawsuit or action of any kind, whether such damage, loss or liability is to person or property arising out of, resulting from or caused by the sole, exclusive acts or omissions of Indemnitees,their contractors, directors, officers, employees, agents, successors or assigns for which Licensor shall indemnify, release and hold harmless Indemnitors. Licensor's obligation to indemnify Indemnitors shall extend to and encompass all costs incurred by Indemnitors in defending against such claims, demands, lawsuits or actions, including but not limited to attorney, witness and expert witness fees, and any other litigation related expenses. The provisions of this Section shall survive termination of this License. 6) The License herein granted is subject to all prior licenses, leases, and easements of record. 7) Either party may terminate this License without cause upon not less than 360 days written notice. 20150495628 1 � WITNESS WHEREOF, the parties hereto have executed this License this n day of JIAI ,20j,, , LICENSOR: SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT By: ‘411IL $ ' 1L/Ak IIP 1111 Its:�.A t. LL .L_ -:A. A A :41 it. STATE OF ARIZONA ) )ss. County of Maricopa ) On this' day of J V , 2015 ,the fpregoing instrument was acknowledged .. K before me by 'Duartei1ze_r , a t_oina'1 V Aqrn -A of the Land 1 Department, SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT-' L DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona("SRP"), on behalf of SRP. \\W (L % 0 Notary Public My Commission Expires: CAP-51E20 t-7 MICHELLE N. TILLER Notary Pith is•Stat:of Arizona r.l4+wv M•Qitlf- COUNTY :-y My Commission Expires ' September 25,2017 20150495628 IN WITNESS WHEREOF, CITY OF GLENDALE,an Arizona municipal corporation Ho caused ts name to be exec9teddy its duly authorized representative(s),this day of VPEoUle APPROVED AS TO FORM LICENSEE: CITY OF GLENDALE,an Arizona municipal corporation 4 / City ttomey I Its CN Man A : �J City Clerk STATE OF t YIZOn 0. ss COUNTY OF filoattoixt ) The forgoing instrument was acknowled,sed before mem,..this a A day of vrk.. beeee r ,20 114- by 1Y'2Vicia S• F-1` 'lei j CL r►t ,as CITY OF GLENDALE,an Arizona municipal co ration,on behalf bf such co ration. ALICIA MULLER r . L _ r �,�.�,��,,, Notary Public !L 111Pi o�COUN71l My Commission Expires: N. .a615 Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S.Sections 11-1134(A)(2)and(A)(3). License Right of Way USA Fee Prop LA-051010 . 20150495628 EXHIBIT "A" ;TABU'rrLEJOHN ENGINEERING �? • � , November 4, 2013 ASSOCIATES 37 ° �.���, •Dignity Health nu North 16th Street :1 THOMAS J;, 2'' West Valley Medical Center Suits r40 , lAVAIETIE y, ; City of Glendale License P,,.,,e,,,u e5020 '•,/ +et1 a' LEA#20120136 602,241.0782 phone #411A, .S,t� Page 1 of 1 602248.9158 bx r,� ' DESCRIPTION OF REAL ESTATE IN MARICOPA COUNTY, STATE OF ARIZONA A parcel of land in the Southeast quarter of Section Five(5),Township Two(2)North, Range One(1) East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at a W rebar located at the East quarter corner of said Section 5 from which a Brass Cap located at the Southeast corner of said Section 5 bears South 00 degrees 03 minutes 40 seconds West,a distance of 2609.44 feet; THENCE South 00 degrees 03 minutes 40 seconds West, along the East line of the Southeast quarter of said Section 5 and the monument line of 99th Avenue, a distance of 71.26 feet; THENCE departing said East line of the Southeast quarter North 89 degrees 56 minutes 20 seconds West, a distance of 41.02 feet to the POINT OF BEGINNING; THENCE South 26 degrees 03 minutes 40 seconds West a distance of 21.63 feet; THENCE South 00 degrees 03 minutes 40 seconds West a distance of 1215.98 feet; THENCE South 87 degrees 50 minutes 09 seconds West a distance of 20.02 feet THENCE North 00 degrees 03 minutes 40 seconds East a distance of 1221.37 feet; THENCE North 26 degrees 03 minutes 40 seconds East a distance of 26.25 feet; THENCE South 83 degrees 56 minutes 20 seconds East a distance of 20.00 feet to the POINT OF BEGINNING; Containing an area of 0.57 acres, more or less. 20150495628 S63°56'20"E 20.00' 71.26' POINT OF COMMENCEMENT N26°03'401 FOUND Y2"REBAR 26.25' EAST QUARTER CORNER POINT OF BEGINNING I SECTION 5, T. 2 N., R. 1 E. i I N89°56'20'W 41.02' k I 326°03140'V co I E; 21.63' I Z rO 11" � tilo W 40© q gl --2 IAa 4 4100 0 100 200 :41i II Scale: 1"=200' I 0)1 LU i 2" = 1 SQUARE MILE I p Iz 14. _ Q !JJ p LA A. �j� F'ceN 10°33'3TW 21.07' '71\%i' �� ?' 3 THOMAS E. %))6 FOUND BRASS CAP FLUSH i 887°50'09"W a LAVALEITE a. SOUTHEAST CORNER 20.02' II9,,a1, SECTION 5,T. 2 N., R. 1 E. 4 \'�'Pile- "/ _ ��03sd2o� GLENDALE AVENUE 8 9 Project DIGNITY HEALTH - WEST VALLEY MEDICAL CENTER r�Ie. LiEXHIBIT CITY OF GLENDALE LICENSE LITTLEJOHN ENGINEERING ASSOCIATES prof. # Dw1 Na 7227 N. 16th Street,Suite 140,PHOENIX,ARIZONA 85020 20/20136 T 602.241.0782 F 602.248.9158 www leainc.com Dates 1 Nashville 1 Chattanooga I Decatur 1 Huntsville I Knoxville I Orlando I Phoenix I Tri•Cities 11042013 1