H D23195-2.PDF

Maricopa County — Formal (2017-11-08)

View PDF Item 38 Meeting page

Extracted text (via pymupdf_layout) 13443 characters
WHEN RECORDED RETURN TO:
Maricopa County Real Estate Division
Exempt ARS 11-1134, A2
DRAINAGE EASEMENT
Parcel No.: 101-12-643 & 101-12-644
Project No.: TT0511
Project Name: MC85 at 83' Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D23195-2 (SS)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS SMITH'S FOOD AND DRUG CENTERS, Inc., an Ohio corporation
hereinafter called the GRANTOR(S), for and in consideration of the sum of Eight Hundred
Seventy Eight Thousand Four Hundred and No/100 DOLLARS ($878,400.00) and other
valuable consideration, receipt of which is hereby acknowledged, do hereby grant and convey to
MARICOPA COUNTY, a political subdivision of the State of Arizona, hereinafter called the
GRANTEE, and to its agents, successors and assigns, drainage easements (the "Easements") for
the purpose of constructing and maintaining the basin(s) and appurtenances (the "Allowable
Use") on, over, under and across the ground embraced within parcels of land, Parcel Numbers
101-12-643 and 101-12-644, (the "Easement Property") situated in the County of Maricopa,
State of Arizona, and being described as follows:
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION OF THE EASEMENTS
The GRANTEE or its agents, successors and assigns shall at all times have the right of full and
free ingress and egress to said Easements for the purpose heretofore specified.
The covenants and agreements herein set forth shall extend and inure in favor and to the benefit
of and shall be binding on the heirs, successors in ownership and estate, assigns and lessees of
the respective parties hereto.
NOW THEREFORE, in consideration of the same and further consideration hereinafter set forth,
it is agreed, that this instrument contains the entire agreement between the parties hereto and
there being no further consideration paid than herein specified.
Page 1 of 5

EXHIBIT "B"
Parcel No.: 101-12-643 & 101-12-644
Project No.: T10511
Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D23195-2 (SS)
THE COUNTY OF MAR1COPA AGREES:
A. To use the Easements described in Exhibit "A" for the Allowable Use and the general
welfare and benefit of the public.
B. To pay the Grantor the sum of Eight Hundred Seventy Eight Thousand Four
Hundred and No/100 DOLLARS ($878,400.00) as payment in full for the Easements
described in Exhibit "A".
C. GRANTEE agrees to relinquish all rights granted herein to the Easements described in
Exhibit "A" in the event that the Grantor OR GRANTOR'S SUCCESSOR IN
INTEREST shall at any time in the future develop the parcels containing the Easements,
PROVIDED THAT THE DEVELOPMENT INCLUDES drainage facilities approved to
the satisfaction of the Grantee's County Engineer and/or the municipality or
municipalities having jurisdiction at this location at the time of development and if so
approved by the Grantee's County Engineer and/or municipality or municipalities having
jurisdiction and constructed pursuant to such approvals, Grantee agrees to release the
Easements of record upon written request from Grantor.
D. That, if in the opinion of the Transportation Director, it becomes necessary, fences and
private structures will be removed and replaced in kind, at no expense to the Grantor
except as may be herein otherwise agreed. Any ground cover disturbed from its original
state will also be replaced in kind.
E. That no costs relating to construction of Project No. TT0511 will be charged to the
Grantor.
F. That Maricopa County shall indemnify and hold the Grantor harmless from and against all
loss, expense, damage or claims caused by the sole negligence of Maricopa County, its
employees or contractors, arising out of the use of the Easement Property by Marieopa
County. All claims shall be submitted in accordance with the requirements of A.R.S. §
12-821 et. seq.
G. To not allow or cause any monetary liens to attach to the Easement Property related to the
construction of Project Number T10511.
Page 2 of 5

Parcel No.: 101-12-643 & 101-12-644
Project No.: 'TT'0511
Project Name: MC85 at 83 Avenue& Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D23195-2 (SS)
THE GRANTOR AGREES:
1. To grant the Easements described in Exhibit "A" to the County of Maricopa and/or its
agents for the general welfare and benefit of the public.
2. To accept the sum of Eight Hundred Seventy Eight Thousand Four Hundred and
No/100 DOLLARS ($878,400.00) as payment in full for the Easements described in
Exhibit "A".
3. That the County, or its agents, is hereby granted the right to enter upon the Easement
Property of the Grantor for the purpose of accomplishing "D" above in areas immediately
adjacent to the Easements described in Exhibit 'A".
HI
ffl
II-
ffl
ffl
N
III
Page 3 of 5

Parcel No.: 101-12-643 & 101-12-644
Project No.: TT0511
Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D23195-2 (SS)
Dated this day of , 20 .
GRANTORAVITtlIS. FO6D AD DRUG CENTERS, Inc., an Ohio corporation
By:
altandruna
Its: Vice President
(Title)
The foregoing instrument was acknowledged before me this day of
20n , by 111 LCOM its of
(Name of officer or agent) (Title)
SMITH'S FOOD AND DRUG CENTERS, Inc. an Ohio corporation, on behalf
of the corporation.
My Commission Expires
Notary Public (signature)
Page 4 of 5

Parcel No.: 101-12-643 & 101 - 12 -644
Project No.: TT0511
Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D23195-2 (SS)
RECOMMENDED FOR APPROVAL:
R-e4-Property-Branch-Man4er
/Teti hf 61,1 Sur e41/
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
Page 5 of 5

Parcel No. 101-12-644, 643
Project No. TT511
MC-85 at 83' AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107th AVENUE to 95th AVENUE
Item No. D23195-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENTS
Four parcels of land being portions of those properties as described in Documents 2014-0546104 th and
2015-0533959, Maricopa County Records, being Lots 1 and 2 of Prologis Park 99 as described in
Document 2014-0539091, lying within the Southeast quarter of Section 8, Township 1 North, Range 1
East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows:
PARCEL ONE:
COMMENCING at the South quarter corner of Section 8 from which the Southeast corner of said
Section 8 bears North 89'11 138" East, a distance of 2653.78 feet;
THENCE along the South line of said Section 8 North 89 0 11 138" East, a distance of 511.22 feet;
THENCE departing said South section line North 00 048 122" West, a distance of 57.00 feet to the
existing North right of way line of MC 85, also being the South line of said Lot 2 and the POINT OF
BEGINNING;
THENCE along said North right of way line North 89 01136" East, a distance of 530.71 feet;
THENCE South 89048'22" East, a distance of 43.04 feet;
THENCE departing said North right of way line North 00 0 11 138" East, a distance of 138.27 feet;
THENCE South 89 01136" West, a distance of 576.16 feet;
THENCE South 00048 122" East, a distance of 137.50 feet to the POINT OF BEGINNING.
The above described parcel contains 79,072 square feet or 1.8152 Acres more or less.
GRANTOR DATE
Page 1 of 3
EXHIBIT "A"

D23195-2 (cont'd)
PARCEL TWO:
COMMENCING at the South quarter corner of Section 8 from which the Southeast corner of said
Section 8 bears North 89'11'38" East, a distance of 2653.78 feet;
THENCE along the South line of said Section 8 North 89 0 11'38" East, a distance of 1841.52 feet;
THENCE departing said South section line North 00 017133" West, a distance of 51.75 feet to the
existing North right of way line of MC 85, also being the Southeast corner of said Lot 2 and the
Southwest corner of said Lot 1 and the POINT OF BEGINNING;
THENCE departing said North right of way line along the East line of said Lot 2 North 00 01733"
West, a distance of 149.01 feet;
THENCE departing said East lot line South 89 017'04" West, a distance of 342.62 feet;
THENCE South 00050 154" East, a distance of 149.79 feet to said North right of way line;
THENCE along said North right of way line North 89 009 106" East, a distance of 341.17 feet to the
POINT OF BEGINNING.
The above described parcel contains 51,078 square feet or 1.1726 Acres more or less.
PARCEL THREE:
COMMENCING at the South quarter corner of Section 8 from which the Southeast corner of said
Section 8 bears North 89°11'38" East, a distance of 2653.78 feet;
THENCE along the South line of said Section 8 North 89 011'38" East, a distance of 1841.52 feet;
THENCE departing said South section line North 00 01733" West, a distance of 51.75 feet to the
existing North right of way line of MC 85, also being the Southeast corner of said Lot 2 and the
Southwest corner of said Lot 1 and the POINT OF BEGINNING;
THENCE along said North right of way line North 89 009 106" East, a distance of 84.10 feet;
THENCE South 00017'00" East, a distance of 1.31 feet;
THENCE North 89011 138" East, a distance of 206.91 feet;
THENCE departing said North right of way line North 00 048 122" West, a distance of 149.79 feet;
THENCE South 89 0 17 104" West, a distance of 289.66 feet to the West line of said Lot 1;
THENCE along said West lot line South 00 017133" East, a distance of 149,01 feet to the POINT OF
BEGINNING.
The above described parcel contains 43,449 square feet or 0.9974 Acres more or less.
GRANTOR DATE
Page 2 of 3
EXHIBIT "A"

D23195-2 (cont'd)
PARCEL FOUR:
COMMENCING at the Southeast corner of Section 8 from which the East quarter corner of said
Section 8 bears North 00 006146" West, a distance of 264L55 feet;
THENCE along the East line of Section 8 North 00 006'46" West, a distance of 270.59 feet;
THENCE departing said East section line South 89 053 114" West, a distance of 53.00 feet to the
existing West right of way line of 99 th Avenue, also being the East line of said Lot 1 and the POINT
OF BEGINNING;
THENCE along said West right of way line North 00 00646" West, a distance of 422.18 feet;
THENCE departing said West right of way line South 89°53'14" West, a distance of 69.49 feet;
THENCE South 00 00000" West, a distance of 446.16 feet;
THENCE South 90000 100" East, a distance of 46.20 feet to said East lot line;
THENCE along said East lot line North 44 059 147" East, a distance of 34.11 feet to the POINT OF
BEGINNING.
The above described parcel contains 30,911 square feet or 0.7096 Acres more or less.
Parcels 1, 2, 3 and 4 combined contain 204,510 square feet or 4.6949 Acres more or less.
Page 3 o13
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RFS 8/10/16 Chk: Appr:
Rev: EXPIRES 12/31 12017
Maricopa County - Real Estate Division
GRANTOR DATE
EXHIBIT "A"

PROLOGIS PARK 99th
MCR 1198 - 7
D23195
Smith's Food & Drug Centers Inc
101-12-644 DE I LCD
PARCEL 1
,
2
NO, BEARING , LENGTH
Li N 8901136" E 530.71'
L2 S 89 048 122" E 43.04' '38"E
L3 N 00°11'38" E 138.27' °11
L4 S 89°11'36" W 576.16' N89
L5 S 00048 122" E 137.50'
L21 N 00048 122" W 57.00'
Sheet 1 of 3
D23195-2 Drainage Easements:
Parcel I; 79,072 square feet or 1.8152 acres
Parcel 2: 51,078 square feet or 1,1726 acres
Parcel 3: 43,449 square feet or 0.9974 acres
Parcel 4: 30,911 square feet or 0.7096 acres EXPIRES 12/31/2017
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No. 11511 ITEM No. D23195-2 DATE 9-1516 M.C.D.O,T. R/W Tech Agent: RES M.P.

tri
(I)
reamen. L13 MENEM
PROLOGIS PARK 99th
MCR 1198 - 7
D23195 PARCEL
Smiths Food & Drug Centers, Inc .—
101-12-643
L15
L22/
D23195 L6 I
ROB LU oo
Smith's Food & Drug Centers, Inc
0
101-12-644 "E
`38
NO. BEARING LENGTH DE _J
PARCEL 2 N89'11
L6 N 00°17'33" W 149.01'
L7 S 89°17'04" W 342.62'
L8 S 00050 154" E 149.79'
L9 N 89°09'06" E 341.17'
L10 N 89°0906" E 84.10'
L11 S 00017 100" E 1.31'
L12 N 89°11'38" E 206.91'
L13 N 00°48'22" W 149.79'
L14 S 89017'04" W 289.66'
L15 S 00 0 17 133" E 149.01'
L22 N 00017'33" W 51.75'
Sheet 2 of 3
D23195-2 Drainage Easements:
Parcel 1: 79,072 square feet or 1.8152 acres
Parcel 2: 51,078 square feet or 1.1726 acres
Parcel 3: 43,449 square feet or 0.9974 acres
Parcel 4: 30,911 square feet or 0.7096 acres EXPIRES 12/31/2017
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No. R511 ITEM No, D23195-2 DATE 9-15-16 M.C.D.O.T. R/W Tech: Agent: RES M.P.

EXIST R/W
Co 99th AVENUE
- SEC•LN 1-0 N00°06'46"W 2641.55'
C POB 270.59'
EXIST R/W L16 '
DE
PARCEL 4
L18 co
\ / 0
NEW RN/ v
D23195
Smiths Food & Drug Centers, Inc Io
101-12-643
PROLOGIS PARK 99th
MCR 1198 - 7
NO. BEARING LENGTH
L16 N 00°06'46" W 422.18'
L17 S 89°53'14" W 69.49'
L18 S 00°00'00" W 446.16'
L19 S 90°00'00" E 46.20'
L20 N 44°59'47" E 34.11'
L23 S 89°53'14" W 53.00'
Sheet 3 of 3
D23195-2 Drainage Easements:
Parcel 1: 79,072 square feet or 1.8152 acres
Parcel 2: 51,078 square feet or 1,1726 acres
Parcel 3: 43,449 square feet or 0.9974 acres
Parcel 4: 30,911 square feet or 0,7096 acres EXPIRES 12/31/2017
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No. 11511 ITEM No. D23195-2 DATE 9-15-16 M.C.D.O.T. R/W Tech: Agent: RES M.P.