SWD into City - MCR 20090309268.pdf
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Unofficial »Wocument When Recorded, Return To: James B. Connor, Esq. ca: Gallagher & Kennedy, P.A. fr. 2575 East Camelback Road Phoenix, Arizona 85016 SPECIAL WARRANTY DEED For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, WESTPARK COMMERCIAL LAND INVESTMENTS, LLC, an Arizona limited liability company (“Grantor”), hereby conveys to the Town of Buckeye, an Arizona municipal corporation (““Grantee’’) for right-of-way and other related purposes, that real property located in Maricopa County, Arizona, and legally described in Schedule A attached hereto and incorporated herein by this reference, together with all interests, privileges and easements appurtenant thereto and any and all improvements located thereon; excluding any analysis of assured water supply volume or certificate of assured water supply and/or related rights granted to Grantor in accordance with A.C.R.R. Title 12, Chapter 15, or any related statute, ordinance or other applicable law, which shall remain the sole property of and shall inure only to Grantor (collectively, the “Property”). SUBJECT TO those matters of record or which an accurate ALTA/ACSM survey would disclose. Notwithstanding any warranty which may otherwise be implied from the use of any word, phrase or clause herein, Grantor warrants title to the Property, subject to the matters referred to above, only against its own acts, but not the acts of any others. Grantor hereby reserves a reversionary interest in the Property, subject to the following provisions: If Grantee fails to commence construction of initial improvements on the Property as a public right of way by September 1, 2009, then Grantor shall have the right to demand in writing that Grantee reconvey title to Grantee by quit claim deed. If thereafter, Grantee fails to reconvey title to the Property to Grantor via quit claim deed, then Grantee may enforce this right of reversion by appropriate remedies under law or at equity. This right of reversion shall terminate and be null and void if Grantee does not file a lis pendens against the Property to enforce such right no later than October 15, 2009. As used herein, “commence construction” shall mean that the construction contracts have been fully executed, all required surety bonds obtained, and on-site mobilization and work shall have occurred. [SIGNATURE PAGE FOLLOWS.] 20090309268 DATED this 27" day of January, 2009. WESTPARK COMMERCIAL LAND INVESTMENTS, LLC, an Arizona limited liability company Michael ©. Roston “ ~ Its: | Manager STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On January 27, 2009, before me, Cynthia A. Guerrero, a Notary Public in and for said County and State, personally appeared Michael C. Roston, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity; and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Unofficial Document IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 20090309268 SCHEDULE A LEGAL DESCRIPTION OF THE PROPERTY Unofficial Document t 20090309268 WESTPARK CONNECTOR RIGHT OF WAY WESTPARK COMMERCIAL LAND INVESTMENTS LLC TO TOWN OF BUCKEYE LEGAL DESCRIPTION January 29, 2009 A PARCEL OF LAND SITUATE IN A PORTION OF THE EAST HALF OF SECTION 23 AND A PORTION OF THE WEST HALF OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 4 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: . WEST PARCEL: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 23, MONUMENTED BY AP.K. NAIL, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 23, MONUMENTED BY A 1/2 INCH REBAR, BEARS AS A BASIS OF BEARINGS NORTH 00°06'12” WEST, A DISTANCE OF 2662.81 FEET; THENCE NORTH 88°59'27” WEST ALONG THE EAST-WEST MID-SECTION LINE, A DISTANCE OF 416.71 FEET TO THE TRUE POINT OF BEGINNING OF THE WEST PARCEL; Unofficial Document THENCE SOUTH 00°22'24” WEST, A DISTANCE OF 212.33 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS SOUTH 07°23'39” EAST, A DISTANCE OF 6434.05 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 05°50’24”, AN ARC DISTANCE OF 655.80 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS SOUTH 13°14'03” EAST, A DISTANCE OF 285.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 73°37'41”, AN ARC DISTANCE OF 366.24 FEET TO A POINT OF TANGENCY; THENCE SOUTH 03°08'16” WEST, A DISTANCE OF 108.59 FEET; THENCE SOUTH 01°51'44” EAST, A DISTANCE OF 294.16 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS SOUTH 88°08'16” WEST, A DISTANCE OF 1855.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 03°21'03”, AN ARC DISTANCE OF 108.49 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01°29'19” WEST, A DISTANCE OF 867.75 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE ROOSEVELT IRRIGATION DISTRICT CANAL; THENCE SOUTH 64°41’25” WEST ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 123.24 FEET; 20090309268 THENCE NORTH 01°29'19” EAST, A DISTANCE OF 923.31 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS NORTH 88°30'41" WEST, A DISTANCE OF 1745.00 FEET; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 03°21'03”, AN ARC DISTANCE OF 102.05 FEET TO A POINT OF TANGENCY; THENCE NORTH 01°51’44” WEST, A DISTANCE OF 294.16 FEET; THENCE NORTH 06°51'44” WEST, A DISTANCE OF 168,12 FEET; THENCE NORTH 59°20'56” WEST, A DISTANCE OF 100.86 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS SOUTH 22°14’33” EAST, A DISTANCE OF 9945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 00°41’41”, AN ARC DISTANCE OF 120.59 FEET TO A POINT OF NON- TANGENCY; THENCE NORTH 22°38’57” WEST, A DISTANCE OF 110.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS SOUTH 22°56'02” EAST, A DISTANCE OF 10055.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 00°18'25”, AN ARC DISTANCE OF 53.87 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE, CONCAVE NORTHWESTERLY WHOSE RADIUS POINT BEARS NORTH 22°37'37” WEST, A DISTANCE OF 350.00 FEET; Unofficial Document THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 64°04’38", AN ARC DISTANCE OF 391.43 FEET TO A POINT OF TANGENCY; THENCE NORTH 03°17’45" EAST, A DISTANCE OF 1114.79 FEET; THENCE NORTH 63°47'36” EAST, A DISTANCE OF 12.97 FEET; THENCE NORTH 70°36'36” EAST, A DISTANCE OF 106.99 FEET; THENCE SOUTH 03°17'45” WEST, A DISTANCE OF 1250.09 FEET; THENCE SOUTH 55°58'42” EAST, A DISTANCE OF 91.08 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS SOUTH 29°59'44” EAST, A DISTANCE OF 3213.71 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 15°25'08”, AN ARC DISTANCE OF 864.84 FEET TO A POINT OF NON- TANGENCY; THENCE SOUTH 00°22'24” WEST, A DISTANCE OF 76.01 FEET TO THE TRUE POINT OF BEGINNING OF THE WEST PARCEL. THE ABOVE DESCRIBED WEST PARCEL OF LAND CONTAINS 570,627 SQUARE FEET OR 13.0998 ACRES MORE OR LESS. 20090309268 EAST PARCEL: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 24, MONUMENTED BY AP.K. NAIL, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 24, MONUMENTED BY A 1/2 INCH REBAR, BEARS AS A BASIS OF BEARINGS NORTH 00°06'12” WEST, A DISTANCE OF 2662.81 FEET; THENCE SOUTH 89°2318” EAST ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 24, A DISTANCE OF 55.01 FEET TO A POINT ON A LINE PARALLEL WITH AND 55.00 FEET EASTERLY OF THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24 AND THE TRUE POINT OF BEGINNING OF THE EAST PARCEL; THENCE NORTH 00°06'12” WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 214.45 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS SOUTH 13°40’02” EAST, A DISTANCE OF 4128.33 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 09°26'40”, AN ARC DISTANCE OF 680.50 FEET TO A POINT OF NON- TANGENCY; THENCE NORTH 28°21'39” EAST, A DISTANCE OF 58.22 FEET; THENCE NORTH 15°02'17” WEST, A DISTANCE OF 156.34 FEET; THENCE NORTH 09°19’39" WEST, A DISTANCE OF 120.60 FEET; THENCE NORTH 15°0217” WEST, A DISTANCE OF 623.12 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS SOUTH 74°57'43” WEST, A DISTANCE OF 1745.00 FEET: Unofficial Document THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 02°48'57", AN ARC DISTANCE OF 85.76 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 89°15'25” EAST, A DISTANCE OF 115.67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS SOUTH 73°17'08” WEST, A DISTANCE OF 1855.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 01°40'35", AN ARC DISTANCE OF 54.27 FEET TO A POINT OF TANGENCY; THENCE SOUTH 15°02'17” EAST, A DISTANCE OF 892.45 FEET; THENCE SOUTH 60°19'22” EAST, A DISTANCE OF 56.29 FEET; THENCE SOUTH 20°39’56” EAST, A DISTANCE OF 122.37 FEET; THENCE SOUTH 29°33’35” WEST, A DISTANCE OF 56.97 FEET; THENCE SOUTH 15°02'17” EAST, A DISTANCE OF 170.71 FEET; THENCE SOUTH 09°19’39” EAST, A DISTANCE OF 120.60 FEET; THENCE SOUTH 15°02'17” EAST, A DISTANCE OF 743.28 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE ROOSEVELT IRRIGATION DISTRICT CANAL; 20090309268 THENCE SOUTH 64°41'25” WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 111.79 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY NORTH 15°02'17” WEST, A DISTANCE OF 1041.88 FEET; THENCE NORTH 60°02'17” WEST, A DISTANCE OF 56.57 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH 22°45'39" WEST A DISTANCE OF 10479.70 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 04°10'26”, AN ARC DISTANCE OF 763.43 FEET TO A POINT OF NON- TANGENCY; THENCE NORTH 00°46’51” WEST, A DISTANCE OF 66.65 FEET TO THE TRUE POINT OF BEGINNING OF THE EAST PARCEL. THE ABOVE DESCRIBED EAST PARCEL OF LAND CONTAINS 497,218 SQUARE FEET OR 11.4145 ACRES MORE OR LESS. THE COMBINED TOTAL OF BOTH PARCELS OF LAND CONTAIN 1,067,845 SQUARE FEET OR 24.5143 ACRES MORE OR LESS. SAID LANDS SUBJECT TO EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND RESERVATIONS OF RECORD, IF ANY. Unofficial Document H:\Pdata\45102790\Admin\legais\2790-YOUNGKER CONNECTOR ROW PARCELS REVISED 10-24-08.doc JRB, RDC 20090309268 | | | | WESTPARK PHASE 3 | STATE ROUTE 85 5 1 yy 1 i WeSTPARK PHASE 3 1 CONNECTOR / ! WEST ROAD a ' EA‘.T CONNECTOR i 1 ' ack ‘S oo Unofficial De CONNECTOR ROAD RIGHT OF WAY WESTPARK COMMERCIAL LAND INVESTMENTS LLC TO TOWN OF BUCKEYE SEE SHEET 3 SEE SHEET 4 LINE SEE SHEET 5 LINE EXHIBIT SCALE: 1 i) 2 | Ni) ' LA «in? ‘ ee | | i} t i t RBF JOB # 45-102790 WESTPARK SHEET 1 OF 5 SEE SHEET 2 FOR WEST PARCEL FOR EAST PARCEL FOR WEST PARCEL AND CURVE TABLE FOR EAST PARCEL AND CURVE TABLE 1”=1000" os © CONSULTING PLANNING DESIGN CONSTRUCTION 20090309268 7 & \ Bq 522°5602"E RADIAL ) S22°14'33” oe oo vaevan| L7 RADTAL . H,D\ \yNO129"19"E 1923.31" C4 VL5 NO3"17°45"E f 1114.79" “9 ae WEST _._._CONNECTOR ROAD QA 1801" 29" 19° WT 867-757 C3 pla L3 1S03°17"45"WT 1250.09" ® J . L10 ) e 8 4 2 : O) = = t ee SCALE: 1"=400' L12 TRUE POINT OF BEGINNING ST QUARTER CORNER OF SECTION”23, OF THE WEST PARCEL TOWNSHIP 1 NORTH, RANGE 4 WEST, a GILA AND SALT RIVER BASE AND MERIDIAN Nea S OF BEARINGS). - FOUND P.K. NAIL S POINT OF COMMENCEMENT-WEST PARCEL STATE ROUTE 85 2790-- YOUNGKER—ROW-EXHIBIT-RAMPS_01-Z2—-09,0WG RONCARRELL 1/28/09 1:11_ pm. NORTHEAST CORNER OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 4 WEST, GILA AND SALT RIVER BASE AND MERIDIAN RBF JOB # 45-102790 : FOUND 1/2 INCH REBAR SHEET 2 OF 5 WESTPARK SEE SHEET 1 FOR LOCATION EXHIBIT SEE SHEET 3 FOR EAST PARCEL CONNECTOR ROAD RIGHT OF WAY RBF SEE SHEET 4 FOR WEST PARCEL WESTPARK COMMERCIAL LAND CONSULTING JATA\45102790\CADD \MAPPING \EXHIBT LINE AND CURVE TABLE SEE SHEET 5 FOR EAST PARCEL INVESTMENTS LLC TO TOWN OF BUCKEYE PLANNING DESIGN NI LINE AND CURVE TABLE EXHIBIT CONSTRUCTION ~, iH 20090309268 TOWNSHIP 1 NORTH, RANGE 4 WEST, FOUND BRASS CAP IN HANDHOLE OF THE EAST PARCEL _ ~NOO°06'12"W 2662.81 e B a F E \ \ si E3 8 SCALE: 1”=400 le ; 2% B : AS Fy 1 A\, 4 Ax Fed ve) H Q S| EF RBF JOB # 45-102790 SHEET 3 OF 5 SEE SHEET 1 FOR LOCATION EXHIBIT SEE SHEET 2 FOR WEST PARCEL SEE SHEET 4 FOR WEST PARCEL LINE AND CURVE TABLE SEE SHEET 5 FOR EAST PARCEL L LINE AND CURVE TABLE H: \PDATA\45102790\CADD\MAPPING SOUTHWEST QUARTER CORNER OF SECTION 24, GILA AND SALT RIVER BASE AND MERIDIAN TRUE POINT OF BEGINNING | L31 WEST QUARTER CORNER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 4 WEST, FOUND P.K. NAIL POINT OF COMMENCEMENT - EAST PARCEL STATE ROUTE 85 GILA AND SALT RIVER BASE AND MERIDIAN "NOO°06'12"W 2662.81 L19 WESTPARK CONNECTOR ROAD RIGHT OF WAY WESTPARK COMMERCIAL LAND INVESTMENTS LLC TO TOWN OF BUCKEYE EXHIBIT VAR GILA AND SALT RIVER BASE AND MERIDIAN TOWNSHIP 1 NORTH, RANGE 4 WEST, FOUND 1/2 INCH REBAR NORTHWEST CORNER OF SECTION 24, CONSULTING PLANNING DESIGN CONSTRUCTION S pp 20090309268 DATA\ 45102790 \CADD \MAPPING' Hi IBITS\2790—-YOUNGKER—ROW-EXHIBIT-RAMPS O1-29-09.0WG RONCARRELL 1/28/09 1:11 pm. SHEET 4 OF 5 SEE SHEET 5 FOR EAST PARCEL LINE AND CURVE TABLE SEE SHEET 1 FOR LOCATION EXHIBIT SEE SHEET 2 FOR WEST PARCEL SEE SHEET 3 FOR EAST PARCEL CURVE TABLE NO. DELTA RADIUS | LENGTH | TANGENT | CHORD | CHORD BEARING C1 05°50724” 6434.05’ | 655.80" | 328.19" | 655.53" | S79°41°09"W C2 73°37°41" 285.00" | 366.24° | 213.32’ | 341.56" | S39°57°06"W C3 03°21°03” 1855.00’ | 108.49" | 54.26" | 108.48" | S00°11'13°E C4 03°21'03” 1745.00° | 102.05” | 51.04" | 102.05" | NOO°11°13°W C5 00°41"41” 9945.00’ | 120.59° | 60.29" | 120.56" | S67°24°37"W C6 00°18725" | 10055.00’| 53.87’ 26.94" 53.87" | N67°13° 10"E C7 64°04" 38” 350.00’ [ 391.43’ | 219.03’ | 371.34" | N35°20'04°E cB 15° 25°08" 3213.71’ | 864.84" | 435.05" | 862.25" | N67°42°50°E LINE TABLE NO. BEARING LENGTH L1_|_N88"59727"W_| 416.715] L2_ | S00°22°24"W [212.3375] L3 S$03°08’ 16"W 108.59’ €| L4 $01°51°44"E | 294.167" L5 [| NO151°44"w | 294.16" L6 NO6°51°44"W | 168.12’ L7_|_N59°20°56"W | 100.86’ L8 | _N22°38°57"w | 110.00’ LO | N63°47°36"E 12.97' L10 | N70°36’36"E | 106.99" Lit | $55°58"42"E [| 91.08" L12 | $00°22’24"w | 76.01" RBE JOB # 45-102790 [7132 [ s64°41'25°W | 123.24" | WESTPARK CONNECTOR ROAD RIGHT OF WAY WESTPARK COMMERCIAL LAND CONSULTING INVESTMENTS LLC TO TOWN OF BUCKEYE erianninc EXHIBIT DESIGN CONSTRUCTION yy, a 20090309268 \ LINE AND CURVE TABLE CURVE TABLE NO. DELTA RADIUS | LENGTH | TANGENT | CHORD | CHORD BEARING co} 09°26°40" | 4128.33" | 680.50 | 341.02" | 679.73" | N81°03 18°E C10_| 02°48°57"_| 1745.00’ | 85.76’ | 42.89" | 85.75" | Ni6°26°45°W C11|_01°40°35" | 1855.00" | 54.27" | 27.14" | 54.27' | S15°52'34"E } C15 | 04°10°26" _|10479.70°| 763.43° | 381.88 | 763.26’ | S69°19°34"W R i LINE TABLE LINE TABLE iS | |_NO. BEARING LENGTH NO. BEARING LENGTH §| [CIS | Neo"23778"W_| 85.077 126 | S20°33'35'W | 56.97" §| [[c14-[-Noo"06712"W_| 214.45" L27 | Sis°0p 17 | 170.71 «| [L15 | _N2B°21°30"E | 58.22” L28 | so9°1¢"39"E | 120.60" # [L16 |_N15°02°17°W_| 156.34" L29 | S644 25°" | 111.79" s [L17_|_Noo"19°39"W_| 120.60" L30 | N6O"0Z"17"W | 56.57" S| cia [onts"02"17"w_ | 623.12" L31 | _NOO°46°51°W | 66.65° f| ([L19 | sag"15"25"— | 115.67" 8) [-L20 | _S$15°02°17°E_| 892.45" | (021 | s60"19722"E [56.29 & |[-L22 | $20°39°56"E | 122.37° ie 3 = S|RBF JOB # 45-102790 WESTPARK B|SHEET 5 OF 5 CONNECTOR ROAD RIGHT OF WAY g|SEE SHEET 1 FOR LOCATION EXHIBIT WESTPARK COMMERCIAL LAN SSEE SHEET 9 FOR Cast PARCEL NVESTMENTS LLC TO TOWN OF BUCKEYE B]SEE SHEET 3 FOR EAST PARCEL INVE SLLC ]SEE SHEET 4 FOR WEST PARCEL EXHIBIT CONSULTING PLANNING DESIGN CONSTRUCTION y,