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Maricopa County Department of Transportation AGENDA ITEM SUMMARY Date: February 27th 2019 Project Manager/Contact: 3.R. Williams Contact Phone No.: (602) 506-4893 Name of Project: Thunderbird Blvd. 84.105th Ave. Work Order/Project No.: TT0011 PROPOSED BOARD MEETING DATE: March 27" 2019 REQUESTED ACTION: Approve and execute a Traffic Signal Installation and Maintenance Easement (TSIME) with Banner Health, LLC, an Arizona non-profit corporation, Sun Health Properties, Inc., and HTC-SC Boswell West, LLC, a Delaware limited liability company located at Thunderbird Boulevard & 105th Avenue. BOARD REQUIRED INFORMATION: The easement will allow the Maricopa County Department of Transportation (MCDOT) to perform all future operations and maintenance of the signal and apprudences to the signal that are currently located outside of County right of way. ADDITIONAL INFORMATION: There is currently an informal letter of agreement between MCDOT and the property owners, the TSIME will replace the letter of agreement and will be a permanent easement. Supervisory District No(s). 4 PERFORMANCE INFORMATION: Program: Indirect Services Activity: Real Estate Performance Measure: Percent of land Rights acquired by project schedule timeline Anticipated Results: A perpetual right to operate and maintain the signal and appurtenances FUNDING: No financial impact for the grant of easement. WHEN RECORDED RETURN TO: Marieopa County Real Estate Department EXEMPT ARS 11-1134, A3 TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE EASEMENT Parcel No.: 200-84- ,001-T Project No.: TT0011 - Thunderbird Blvd. & 105th Ave. Item No.: D23.3629 (JRVAT) Banner icalth, an Arizona non-profit corporation as to the improvements, (the "Grantors"), for and hi consideration of the sum of ONE DOLLAR AND NO/100 ($1.00) and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, do hereby grant and convey to Maricdpa County, a political subdivision of the State of Arizona, (the 'Grantee"), a permanent easement over, across, under, and upon the lands described in Exhibit "A" for the purposes of construction, operation and maintenance of traffic signals, traffic signal equipment, roadway striping and Signing; and all appurtenances (including but not limited to sidewalks, pedestrian ramps, curb and gutter) to all of the foregoing and all similar and related puiposes, together with the right to alter grotmd level by cut or fill and the unrestricted right of vehicular and pedestrian ingress and egress to, from and across the Easement. The lands over, across, under, and upon which this Easement is granted are situated in the County of Maricopa, State of Arizona, and are more particularly described as: $EE ATTACMD EXHIBIT "A" To have and to hold the said traffic signal installation and maintenance easement for the use and benefit of the public as right-of-Way unto Marieopa County, a pOlitical subdivisiOn of the State of Arizona and unto its successors and assigns forever, together with the right of ingress and egress. The said easement to include the right to cut back and trim such portion of vegetation, branches and tops of the trees now growing or that may hereafter grow upon the above described premises, as may extend oVer said right-of-way, so as to prevent the same from interfering with the sight visibility and efficient maintenance and operation of said public right of way. In the event the right, privilege and easement herein granted shall be abandoned and permanently cease to be used for the purposes herein granted all rights herein granted shall cease and revert to the grantors, their heirs or assigns. O• i 1 g 3 Parcel No.: 200-84-001-T Project No.: TT0011 - Thunderbird Blvd. & 105th Ave. Item No.: D23629 (.1RW) The Grantors hereby covenant that they are lawfully seized and possessed of this aforementioned easement area; that they have a good and lawful right to sell and convey it; and that they will warrant the title and quiet possession thereto against the lawful claim of all persons, subject to easements of record; that they accept the consideration paid hereunder as full payment for the grant of this easement and right-of-way. WHEREAS in consideration hereinafter set forth, it is agreed, that this instrument contains the entire agreement between the Grantor and Maricopa County. No further consideration is being paid than described in this contract. THE COUNTY OF MARICOPA AGREES: A. To use the real property described in Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantor the sum of ONE DOLLAR AND NO/100 ($1.00) as payment in full for a Traffic Signal Installation and Maintenance Easement for the property described herein. THE GRANTOR AGREES: I. To grant a Traffic Signal Installation and Maintenance Easement for the real property described in Exhibit "A" to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of ONE DOLLARS AND NO/100 ($1.00) as payment in full for a Traffic Signal Installation and Maintenance Easement for the property described herein HI ffl N ffl ffl ffl 2 Parcel No,: 200-84-001-T Project No.: TT0011 - Thunderbird Blvd, & 105th Ave. Item No,: D23629 (.IRW) Dated this 1R 4'4'day of 0 cAdoe-t- , 201, on-profit corporation By: Kip C. Edwards Its: Vice-Rresident (Title) Facilities Services STATE OF p, n ) § COUNTY OF Mex. % Co The foregoing instrument was acknowledged before me this 1.'2%, day of O 201„S' by 1\? C its vp Fa 6.1iki.e. Suuke5of Banner Health, an Arizona non-profit corporation, on behalf of the corporation. My Commission Expires A,- Da- Notary Public signature) KAREN M NASR Notary m Public c- Arizona 11.014,9 } aricopa oun y !..iFILV My Comm. Expires Feb 22, 2022 Notary Stamp Seal 3 Parcel No.: 200-84-001-T Project No: TTO 011 - Thunderbird Blvd, & 105th Ave. Item No.: D23629 (.IRW) RECOMMENDED FOR APPROVAL: Right-of-Way Agent ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: Chairman of the Board ATTEST: Date Clerk of the Board of Supervisors Approved as to form and within the powers and authority of the Board of Supervisors Deputy County Attorney Date 4 Parcel No. 200-M-001 T Project No. TT0011 THUNDERBIRD BOULEVARD AT 105TH AVENUE Item No. D23629 EXHIBIT LEGAL DESCRWTION FOR MAINTENANCE EASEMENT A parcel of land being a portion of that property as deseribed in Document 2008-0762421, Maricopa County Records, lying within the Northwest Quarter of Section 17, Township 3 North, Range 1 Bast of the Gila and salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: Commencing at the Center Quarter corner of said Section 11, being a Malcolm County Highway Department brass cap flush, from which the South Quarter corner of said Seetion 17, a Maricepa County Highway Department brass cap flush, bears South 00 027'00" West, a distance of 260521 feet; thence along the eentedine of 103'd Avenue North 00 025117" Rost, for a distance of 1079.05 feet to the intersection of the centerlines of 103r d Avenue and Thunderbird. Boulevard; thence departing said 103 1 AMMO centerline along the centerline of Thunderbird Boulevard North 89°37'43" West, for ailistance of 319.97 feet; thence North 89'17 157" West, for a distance of 393.11 feet to the beginning of a non-tangent curve concave to the north having a radius of 7500.00 feet, and to which point a radial line beats South 00°22'09" West; thence westerly along the are of said curve having a central angle of 03'50'11", for an arc distance of 502,17 feet to the beginning of a non-tangent line; thence departing said Thuncleibird Beitlevarcl centerline South 04 912201 West, for a distance of 55.00 feet te the Northwest corner of said property, also being the South right away line of Thunderbird Boulevard and the Point of Beginning; thence along the West line of said property South 009255" Bast, for a distance of 26.04 feet; thence South 42°2490" Bast, for a distonoe of 39.36 feet; thence departing said West property line North 00'22 145" Bast, for a distance of 8.08 feet; thence North 47'0556" East, for a distance of 48.05 feet to the beginning of a non-tangent curve concave to the north having a radius of 7565.00 feet, and to which point a radial line bears South 03°43'48" West; thence easterly along the arc of said curve having a centmI angle of 00°3149", for an arv. distance of 70.00 feet to the beginning of a non-tangent line; Pap 1 of 2 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION APPN V /YHL-2 I1 Wia NCO pa County Public Works - Real Estate Division GRANTOR 14(6 —.— DATE ID, thence North 039200" Bast for a distance of 10,00 feet to said South right of way line radial to the next &sailed curve concave to the north having a radius of 7555.00 feet to a point on the arc of said eury thence westatiy along said South right away line and along the arc of said eurve having a central angle of 01°00'20", for an are distance of 132.59 feet to the Point af Beginning. The above described parcel contains 2,727 square feet or 0.0626 Acres more or loss. Pogo 2 of 2 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES-12/13/17 r Chic: APPrti 41-4 I Rev: RES-02/28/18 maricopa County Public Works - Real Estate Division GRANTOR pc. DATE, EXHIBIT "A° I > LI-II FD 3' MCHD i< I BRASS CAP FD 3" MCDOT - X FLUSH BRASS CAP FD 3" MCDOT H FLUSH BRASS CAP I Lc> CD FLUSH ---/- ro v." EXIST R/W N. T. S. CI 393.11' _ 319.07' EP) '-___LL _TI-ItiNbEiBiREE) BLVD —N89°37157-* — N89;3714-3'14/ t f / , EXIST RNV 11 \ D23629 HTA-Se Boswell Banner Health West, LLC 200-84-001T 200-84-030Y NO. BEARING LENGTH Ll S 04°12'20" W 55.00' L2 S 00°12'55" E 26.04' L3 S 42°24'00" E 39.36' NO. I3EARIN5 LENGTH L4 N 00°22'45" E 8.08' RBI S 00°22'09" W 7 00.00' L5 N 4705'56" E 48.05' RB2 S 03°43'48" W 7565.00' Le N 03°12'00" E 10.00' R83 S 03°12'00" W 7565,00' C-1 S39°41'42T 889°41'16'E 2640.16' 2640.10' SEC LIV NO, RADIUS DELTA LENGTH TANGENT Cl 7500.00' 03°50'11" 502.17' 261.'18' -- 02 7665.00' 00°31'49" 70,00' 35.00' 03 7555.00' 01°00'20" 132,69' 66.30' 023629 Maintenance Easement: 2,727 square feet or 0,0626 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT Thunderbird Boulevard at 105th Avenue PROJECT No, moil ITEM No, 023629 DATE 3-148 M,C,D.O,T. R/W Tech: Agent: RES P.M. WHEN RECORDED RETURN TO: Maricopa County Rst te Department "P EXEMPT ARS 1l-1134,A3 TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE EASEMENT Parcel No.: 200-84-030-Y Project No.: TT0011 - Thunderbird Blvd. & 105th Ave. Item No.: D23630 (JRW) Sun Health Services, an Arizona nonprofit corporation, successor by merger to Sun Health Properties, Inc. aka Sun Health Properties, Inc.; and HTA — SC Boswell West, LLC, a Delaware limited liability company as to the improvements. (the "Grantors"), for and in consideration of the sum of ONE DOLLAR AND NO/100 ($1.00) and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, do hereby grant and convey to Maricopa County, a political subdivision of the State of Arizona, (the "Grantee"), a permanent easement over, across, under, and upon the lands described in Exhibit "A" for the purposes of construction, operation and maintenance of traffic signals, traffic signal equipment, roadway striping and signing; and all appurtenances (including but not limited to sidewalks, pedestrian ramps, curb and gutter) to all of the foregoing and all similar and related purposes, together with the right to alter ground level by cut or fill and the unrestricted right of vehicular and pedestrian ingress and egress to, from and across the Easement. The lands over, across, under, and upon which this Easement is granted are situated in the County of Maricopa, State of Arizona, and are more particularly described as: SEE ATTACHED EXHIBIT "A" To have and to hold the said traffic signal installation and maintenance easement for the use and benefit of the public as right-of-way unto Maricopa County, a political subdivision of the State of Arizona and unto its successors and assigns forever, together with the right of ingress and egress. The said easement to include the right to cut back and trim such portion of vegetation, branches and tops of the trees now growing or that may hereafter grow upon the above described premises, as may extend over said right-of-way, so as to prevent the same from interfering with the sight visibility and efficient maintenance and operation of said public right of way. In the event the right, privilege and easement herein granted shall be abandoned and permanently cease to be used for the purposes herein granted all rights herein granted shall cease and revert to the grantors, their heirs or assigns. Parcel No.: 200-84-030-Y Project No.: TT0011 - Thunderbird Blvd. & 105th Ave. Item No.: D23630 (JRW) The Grantors hereby covenant that they are lawfully seized and possessed of this aforementioned easement area; that they have a good and lawful right to sell and convey it; and that they will warrant the title and quiet possession thereto against the lawful claim of all persons, subject to easements of record; that they accept the consideration paid hereunder as full payment for the grant of this easement and right-of-way. WHEREAS in consideration hereinafter set forth, it is agreed, that this instrument contains the entire agreement between the Grantor and Maricopa County. No further consideration is being paid than described in this contract. THE COUNTY OF MARICOPA AGREES: A. To use the real property described in Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantor the sum of ONE DOLLARS AND NO/100 ($1.00) as payment in full for a Traffic Signal Installation and Maintenance Easement for the property described herein. THE GRANTOR AGREES: 1. To grant a Traffic Signal Installation and Maintenance Easement for the real property described in Exhibit "A" to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of One DOLLARS AND NO/100 ($1.00) as payment in full for a Traffic Signal Installation and Maintenance Easement for the property described herein Parcel No.: 200-84-030-Y Project No,: TT0011 - Thunderbird Blvd, & 105th Ave. Item No.: D23630 (JRW) Dated this 12th day of February , 2019. GRANTOR: Sun Health Services, an Arizona nonprofit corporation, successor by merger to Sun Health Properties, Inc. aka Sun Health Properties, Inc. By: Its: Jos E. La Rue, President/CEO STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 12th day ofFebruary2019 , , by Joseph E. La Rueits President and CEO of Sun Health Services, an Arizona nonprofit corporation, successor by merger to Sun Health Properties, Inc. aka Sun Health Properties, Inc. My Commission Expires May 10, 2022 4 4 to.r SUSAN A. WITTER Notary Public -Arizona 4 k ' J2 My Comm. Maricopa Expires County May 10. 2022 6 .11.911P+1,7.-ower-e6- 6...or-ge"4 Notary Stamp Seal Parcel No.: 200-84-030-Y Project No.: TT0011 - Thunderbird Blvd. & 105th Ave. Item No.: D23630 (JRW) t Dated this 1 day of E_ Otriit_ct , 20\ GRANTOR: HTA — SC Boswell Wsst, LLC, a Delaware limited liability company as to the improvements. By: Robert A. Milligan Authorized Signatory Its: STATE OF ARIZONA § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this -) ; day of rb(- W- M') by r uk its ALA--IcV1,0 Lt-d- of HTA— SC Boswell West, LLC, a Delaware limited liability company on behalf f the com any. My Commission Expires AC1 t otar /PtLhooigriature ESPERANZA ROSS Notary Public - Arizona Maricopa County Commission it 551718 My Gomm. Exp. August 15,2022 Notary Stamp Seal Parcel No.: 200-84-030-Y Project No.:170011 - Thunderbird Blvd. & 105th Ave. Item No.: D23630 (JRW) RECOMMENDED FOR APPROVAL: ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By Chairman of the Board ATTEST: Date Clerk of the Board of Supervisors Approved as to form and within the powers and authority of the Board of Supervisors Deputy County Attorney Date Parcel No. 200-84-030 Y Project No. TT0011 THUNDERBIRD BOULEVARD AT 105TH AVENUE Item No. 1)23630 EXHIBIT "A" LEGAL DESCRIPTION FOR MAINTENANCE EASEMENT A parcel of land being a portion of that property as described in Document 2010-0012751, Maricopa County Records, lying within the Northwest Quarter of Section 17, Township 3 North, Range 1 East of the Gila and Salt River Base and Meridian, Marieopa County, Arizona, being more particularly described as follows: Commencing at the Center Quarter corner of said Section 17, being a Maricopa County Highway Department brass cap flush, from which the South Quarter corner of said Section 17, a Maricopa County Highway Department brass cap flush, bears South 00°27'00" West, a distance of 2605.21 feet; thence along the centerline of 103r d Avenue North 00°25'17" East, for a distance of 1079.05 feet to the intersection of the centerlines of 1031(1 Avenue and Thunderbird Boulevard; thence departing said 103rd Avenue centerline along the centerline of Thunderbird Boulevard North 89'37'43" West, for a distance of 319.97 feet; thence North 89°37'57" West, for a distance of 393.11 feet to the beginning of a non-tangent curve concave to the north having a radius of 7500.00 feet, and to which point a radial line bears South 0002209" West; thence westerly along the arc of said curve having a central angle of 03 050'11", for an arc distance of 502.17 feet to the beginning of a non-tangent line; thence departing said Thunderbird Boulevard centerline South 04°1220" West, for a distance of 55.00 feet to the Northeast corner of said property, also being the South right of way line of Thunderbird Boulevard and the Point of Beginning; thence along said South right of way line westerly along the arc of a curve concave to the north having a radius of 7555.00 feet, and to which point a radial line bears South 04°12'20" West, having a central angle of 01 000'10, for an arc distance of 132.22 feet to the beginning of a non-tangent line; thence departing said South right of way line South 05 012'30" West, for a distance of 10.00 feet radial to the next described curve concave to the north having a radius of 7565.00 feet to a point on the arc of said curve; thence easterly along the arc of said curve having a central angle of 00°45'27", for an arc distance of 100.00 feet to the beginning of a non-tangent line; thence South 42 03619" East, for a distance of 29.31 feet; Page 1 of 2 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES-12/13/17 Chk: APIA': IS 7- 0-20 Rev: RES-02/28/18 Maricopa County Public Works - Real Estate Division GRANTOR DATE EXHIBIT "A" Lu FD 3" MCHD FD 3" MC DOT BRASS CAP BRASS CAP FD 3" MCDOT LO FLUSH FLUSH BRASS CAP FLUSH ir) EXIST R/W _ 393,11' _ 319.97' r \ THUNDERBIRD — BLVD N89°37'57"W N89°37 143"W 'Ff3 \ Banner Health EXIST RNV \ 1 200-84-001T z D23630 200-84-961A1 HTA-SC Boswell West, LLC 200-84-030Y L2 AVE 103RD NO. BEARING LENGTH L1 S 04°12'20" W 55.00' L2 S 05°12'30" W 10.00' L3 S 42°36'19" E 29.31' L4 S 00 022145" W 77.66' L5 S 89°37'15" E 40.00' NO. BEARING LENGTH L6 N 00022 145" E 51.92' RBI S 00°22'09" W 7500.00' L7 N 42°24'00" W 39.36' RB2 S 05°12'30" W 7565.00' L8 N 0001255" W 26.04' RB3 S 04°1220" W 7555.00' S89°41'16"E 2640.15' SEC LN NO. RADIUS DELTA LENGTH TANGENT Cl 7500.00' 03°50'11" 502.17' 251.18' C2 7555.00' 01°00'10" 132.22' 66.11' C3 7565.00' 00°45'27" 100.00' 50.00' D23630 Maintenance Easement: 4,590 square feet or 0.1054 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT Thunderbird Boulevard at 105th Avenue PROJECT No. 110011 ITEM No, D23630 DATE 3-1-18 M.C.D.O.T. R/W Agent: P.M. Tech: RES thence South 00 022 145" West, for a distance of 77.66 feet; thence South 89°3715" East, for a distance of 40.00 feet; thence North 00'22'45" East, for a distance of 51.92 feet to the East line of said property; thence along said East property line North 42 02400" West, for a distance of 39.36 feet; thence North 00°12'55" West, for a distance of 26.04 feet to the Point of Beginning. The above described parcel contains 4,590 square feet or 0.1054 Acres more or less. Page 2 of 2 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES-12/13/17 Chk: Apprkv 07- t I -) 618 Rev: RES-02/28/18 Maricopa County Public Works - Real Estate Division GRANTOR DATE EXHIBIT "A"