O21-49 (Updated 8/9/21)
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ORDINANCE NO. O21-49
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING
PROPERTY LOCATED SOUTH OF THE SOUTHEAST
CORNER OF 51ST AVENUE AND PEORIA AVENUE FROM
R1-6, C-2, AND C-3 TO R-2 (MIXED RESIDENCE)
AMENDING THE ZONING MAP; PROVIDING FOR AN
EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO
RECORD A CERTIFIED COPY OF THE ORDINANCE.
WHEREAS, the City of Glendale Planning Commission held a public hearing on August
5, 2021, in zoning case ZON21-02 in the manner prescribed by law for the purpose of rezoning
property located south of the southeast corner of 51st Avenue and Peoria Avenue from R1-6, C-2,
and C-3 to R-2 (Mixed Residence).
WHEREAS, due and proper notice of such public hearing was given in the time, form,
substance and manner provided by law, including publication of such notice in The Glendale
Star on July 15, 2021; and
WHEREAS, the City has considered the individual property rights and personal liberties
of the residents of the city before adopting this zoning ordinance; and
WHEREAS, the City of Glendale Planning Commission recommended to the mayor and
the council the zoning of property as described above and the mayor and the council desire to
accept such recommendation and rezone the property described on Exhibit A to R-2 (Mixed
Residence) in accordance with the development plan currently on file with the planning division
as of the date of this ordinance.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That a parcel of land in Glendale, Maricopa County, Arizona located south
of the southeast corner of 51st Avenue and Peoria Avenue and more specifically described in
Exhibit A to this ordinance, is conditionally rezoned from R1-6, C-2, and C-3 to R-2 (Mixed
Residence).
SECTION 2. That the rezoning provided for is conditioned and subject to the following:
1. Development shall be in substantial conformance with the applicant’s Project Narrative,
dated February 5, 2021.
2. The developer shall provide 55’ half street right of way (measured from Centerline) for
Peoria Avenue.
3. The developer shall provide 45’ Half street of R/W (measured from Centerline) for 51st
Avenue.
4. The developer shall provide an additional 20 feet of right of way and complete roadway
improvements to increase the roadway width to 36 feet back of curb to back of curb on
49th Avenue.
5. All overhead utility lines, including communication lines and electric lines less than 69
KV on or adjacent to the site shall be undergrounded as part of this project.
6. The right of way improvements along Peoria Avenue, N. 51st Avenue, and N. 49th
Avenue shall include Sidewalk, Curb & Gutter, Ramps, Landscaping, and Streetlights
and compliant with ADA standards.
7. On Peoria Avenue, the unused driveway shall be removed and replaced with a sidewalk.
8. The developer will work with City Staff including the Traffic Engineer to determine if a
right out only along 51st Avenue is warranted.
SECTION 3. The City of Glendale Zoning Map is amended by this ordinance to reflect
the change in districts referred to and the property described in Section 1 above as shown in
Exhibit B.
SECTION 4. This Ordinance becomes effective at the time and in the manner prescribed
by law.
SECTION 5. The City Clerk is instructed and authorized to forward a certified copy of
this ordinance for recording to the Maricopa County Recorder’s Office.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 10th day of August, 2021.
Mayor Jerry P. Weiers
ATTEST:
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City Attorney
REVIEWED BY:
Kevin R. Phelps, City Manager
EXHIBIT A
Legal Description
For
Avilla 51st Ave. & Peoria
Gross Area
Located in the Northwest Quarter of Section 28, Township 3 North, Range 2 East, Gila & Salt
River Meridian, Maricopa County, Arizona, described as follows:
Commencing at the Northwest corner of said Section 28;
Thence North 90°00'00" East, along the North line of said Northwest Quarter, a distance of 233.02
feet to the Point of Beginning;
Thence continuing North 90°00'00" East, along said North line, a distance of 1,086.71 feet, to the
West line of the Final Plat for Adventure Homes, recorded in book 148, page 29, Maricopa County
Records;
Thence departing said North line, South 00°14'52" West, along said West line, a distance of
686.98 feet, to the North line of the Final Plat of Sarival Farms, recorded in book 1390, page 43,
Maricopa County records;
Thence departing said West line, North 89°58'56" West, along last said North line, a distance of
1,323.01 feet to the West line of said Northwest Quarter;
Thence departing said North line, North 00°31'16" East, along last said West line, a distance of
457.59 feet;
Thence departing said West line, North 90°00'00" East, a distance of 233.00 feet;
Thence North 00°31'30" East, a distance of 229.00 feet to the Point of Beginning.
Containing 854,115.64 square feet or 19.61 acres, more or less.
PEORIA AVE.
N.T.S.
VICINITY MAP
51st AVE.
ALTA / NSPS LAND TITLE SURVEY
FOR
SEC 51st AVE. & PEORIA AVE.
LOCATED IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 2 EAST,
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA.
OWNER
1.
c COPYRIGHT 2020. THIS IS AN INSTRUMENT OF SERVICE AND IS THE PROPERTY OF TERRASCAPE CONSULTING LLC. USE OF OR
REPRODUCTION OF THE INFORMATION CONTAINED IN THIS INSTRUMENT FOR OTHER THAN THE SPECIFIC PURPOSE FOR
WHICH IT WAS INTENDED AND FOR OTHER THAN THE CLIENT FOR WHOM IT WAS PREPARED, IS FORBIDDEN UNLESS
EXPRESSLY PERMITTED IN WRITING IN ADVANCE BY TERRASCAPE CONSULTING LLC, AND TERRASCAPE CONSULTING LLC
SHALL HAVE NO LIABILITY TO ANY PERSON OR ENTITY FOR ANY USE OF THIS INFORMATION WITHOUT THEIR WRITTEN
CONSENT. THE ORIGINAL INSTRUMENT SIGNED AND SEALED BY A REGISTERED PROFESSIONAL SHALL TAKE PRECEDENCE
OVER ANY SIMILAR INSTRUMENT NOT SIGNED AND SEALED, INCLUDING COMPUTER STORAGE MEDIUM. ANY REPRODUCTIONS
IN WHOLE OR IN PART SHALL BEAR OR REFER TO THIS SIGNATURE AND SEAL. FILES IN ELECTRONIC FORMATS SUCH AS, BUT
NOT LIMITED TO, TEXT, GRAPHICS AND OTHER DATA ARE FOR THE CLIENT'S CONVENIENCE ONLY. ANY CONCLUSIONS OR
INFORMATION DERIVED THEREFROM IS AT THE USER'S SOLE RISK. THE SURVEYOR MAKES NO REPRESENTATION REGARDING
COMPATIBILITY, USABILITY OR LEGIBILITY WITH OTHER DATA PROCESSING SYSTEMS OR SOFTWARE PACKAGES DIFFERING
FROM THOSE USED BY THE SURVEYOR AT THE BEGINNING OF THIS PROJECT.
2.
THIS MAP HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON. THE CERTIFICATION SHOWN
HEREON DOES NOT EXTEND TO ANY UNNAMED PARTY PER ARIZONA REVISED STATUTE 32-151. THE USE OF THE WORDS
"CERTIFY" OR "CERTIFICATION" BY A LICENSED PROFESSIONAL CIVIL ENGINEER OR LAND SURVEYOR IN THE PRACTICE OF
PROFESSIONAL ENGINEERING OR LAND SURVEYING OR THE PREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR
OTHER SURVEYING DOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THOSE FACTS
OR FINDINGS WHICH ARE THE SUBJECT OF THE CERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE
EITHER EXPRESSED OR IMPLIED.
3
THIS SURVEY DOES NOT REFLECT NOR DETERMINE OWNERSHIP.
4.
LANDS SHOWN HEREON WERE NOT ABSTRACTED BY TERRASCAPE CONSULTING LLC FOR EASEMENTS AND/OR
RIGHTS-OF-WAY OF RECORD.
5.
TERRASCAPE CONSULTING LLC RELIED UPON FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT FOR TITLE
INSURANCE, FILE NO,: 06188785-128-V60, COMMITMENT DATE: AUGUST 17, 2020, AND FILE NO. 06188812-128-V60, COMMITMENT
DATE AUGUST 14, 2020, AS THE BASIS OF THIS SURVEY. ADDITIONAL RELATIVE INSTRUMENTS OF RECORD PROVIDED WITH
SAID REPORT BUT WITHOUT INDEPENDENT INVESTIGATION OR ABSTRACTING, IN THE PREPARATION OF THE TITLE, AND THE
INFORMATION PRESENTED AND SHOWN HEREON. THIS PROPERTY IS SUBJECT TO ALL COVENANTS, CONDITIONS,
RESTRICTIONS, RESERVATIONS, EASEMENTS AND OTHER MATTERS OF RECORD THAT MAY AFFECT THIS PROPERTY AND
THOSE MATTERS THAT ARE NOT DISCLOSED BY SAID TITLE COMMITMENT, IF ANY.
6.
THE SUBJECT PARCELS HAVE DIRECT ACCESS TO PUBLIC RIGHT OF WAY ALONG 51st. AVE., PEORIA AVE., AND 49th AVE.
7.
PER ALTA/NSPS TABLE A ITEMS:
1.
MONUMENTS ARE SHOWN HEREIN.
2.
SUBJECT PARCEL ADDRESS , PER MARICOPA COUNTY ASSESSOR'S GIS MAP
APN: 148-05-001M - 4949 W. PEORIA AVE, GLENDALE 85302
APN: 148-05-001N - 4949 W. PEORIA AVE, GLENDALE 85302
3.
SEE FLOOD ZONE CLASSIFICATION INFORMATION THIS SHEET.
4.
GROSS LAND AREA OF PARCELS -
APN: 148-05-001M -
583,567.63 SQ. FT. OR 13.40 ACRES MORE OR LESS.
APN: 148-05-001N -
188,240.73 SQ. FT. OR 4.32 ACRES MORE OR LESS.
TOTAL
771,808.30 SQ. FT. OR 17.72 ACRES MORE OR LESS.
6(a). SUBJECT PARCEL ZONING PER CITY OF GLENDALE ZONING MAP.
APN: 148-05-001M - ZONE GC (GENERAL COMMERCIAL)
APN: 148-05-001N - ZONE MDR (MEDIUM DENSITY RESIDENTIAL)
7(a). NO BUILDINGS EXIST ON THE SUBJECT PARCELS.
8. SUBSTANTIAL FEATURES ARE PLOTTED AND SHOWN HEREIN.
9. NO DESIGNATED PARKING EXISTS ON THE SUBJECT PARCELS.
10(a). A 6' BLOCK WALL EXISTS AT THE NORTHWEST CORNER OF APN: 148-05-001M AS SHOWN. FENCES EXIST AS SHOWN.
13. NAMES OF ADJOINING OWNERS ARE SHOWN HEREON.
14. PUBLIC ACCESS NOTE - APN: 148-05-001M HAS DIRECT ACCESS TO PUBLIC RIGHT OF WAY ALONG 51st AVE. AND PEORIA
AVE. APN: 148-05-001N HAS DIRECT ACCESS TO PUBLIC RIGHT OF WAY ALONG PEORIA AVE. AND 49TH AVE.
16. NO EVIDENCE OF RECENT EARTH MOVING, OR BUILDING CONSTRUCTION WAS WITNESSED AT THE TIME OF THIS SURVEY.
17. NO PROPOSED CHANGES TO PUBLIC RIGHT OF WAY ARE KNOW TO THIS SURVEYOR AT THE TIME OF THIS SURVEY. FUTURE
DEVELOPMENT OF THE SUBJECT PARCEL MAY REQUIRE ADDITIONAL PUBLIC RIGHT OF WAY TO BE DEDICATED.
SOUTH 90°00'00" EAST BEING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 2 EAST,
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA.
FLOOD ZONE DESIGNATION "X" PER F.E.M.A. FLOOD INSURANCE RATE MAP, MAP NUMBERS 04013C1710L, PANEL 1710 OF 4425,
DATED 10/16/2013.
ZONE "X" - AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN
1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE
FLOOD.
(THE ABOVE STATEMENT IS FOR INFORMATION ONLY AND THE SURVEYOR ASSUMES NO LIABILITY FOR THE CORRECTNESS OF THE
CITED MAP OR THE LOCATION OF THE FLOOD ZONE BOUNDARY. IN ADDITION, THE ABOVE STATEMENT DOES NOT REPRESENT THE
SURVEYOR'S OPINION OF THE PROBABILITY OF FLOODING.)
FINAL PLAT OF ADVENTURE HOMES, BOOK 148 OF MAPS, PAGE 29, M.C.R.
PLSS SUBDIVISION RECORD OF SURVEY, BOOK 1025 OF MAPS, PAGE 2, M.C.R.
ALTA / ACSM LAND TITLE SURVEY SARIVAL FARMS, BOOK 1073, PAGE 46, M.C.R.
FINAL PLAT OF SARIVAL FARMS, BOOK 1390, PAGE 43, M.C.R.
771,808.30 SQ. FT. OR 17.72 ACRES MORE OR LESS.
NOTES
REFERENCE DOCUMENTS
AREA SUMMARY
BASIS OF BEARING
FLOOD ZONE
ZONING INFORMATION
APN: 148-05-001M - ZONE GC (GENERAL COMMERCIAL)
APN: 148-05-001N - ZONE MDR (MEDIUM DENSITY RESIDENTIAL)
OLIVE AVE.
PREPARED FOR
TO:
NEXMETRO DEVELOPMENT, LLC, AN ARIZONA LIMITED LIABILITY COMPANY;
D&J CAPITAL ENTERPRISES II, LLC, AN ARIZONA LIMITED LIABILITY COMPANY;
D&J CAPITAL ENTERPRISES III, LLC, AN ARIZONA LIMITED LIABILITY COMPANY;
WINCO FOODS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND
FIRST AMERICAN TITLE INSURANCE COMPANY
THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016
MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA
AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 6(a), 7(a), 8, 9, 10(a), 13, 14, 16, AND 17 OF TABLE A THEREOF. THE FIELD WORK WAS
COMPLETED IN SEPTEMBER 2020.
________________________________________________________________________________________
MITCHELL H RAGSDALE RPLS #48943
DATE
TERRASCAPE CONSULTING LLC
645 E. MISSOURI AVE., SUITE 160, PHOENIX AZ, 85012
602-297-8732
mragsdale@terrascape.us
SURVEYOR'S CERTIFICATE
01 / 04 / 21
Plotted: 01/04/21 - 12:53 PM, By: bbartishell
File: M:\1123 NexMetro-Avilla 51st & Peoria-Glendale\Survey\1123_Basemap.dwg, ---> ALTA S1
DATE:
CHECKED BY:
DRAWN BY:
TITLE:
SHEET No.
PROJECT No.
01 / 04 / 21
of
MHR
BWB
1123
3
COVER SHEET
1
SEC 51st AVE. & PEORIA AVE.
ALTA / NSPS LAND TITLE SURVEY
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48943
Mitchell H.
Ragsdale
EXPIRES 12/31/2023
01/04/21
APN: 148-05-001M
WINCO FOODS LLC
PO BOX 5756
BOISE, ID 83705
43RD AVE.
LEGAL DESCRIPTION (COMMITMENT NO.: 06188812-128-V60)
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3
NORTH, RANGE 2 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28 (BRASS CAP IN HAND HOLE) FROM WHICH THE NORTHEAST
CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28 (BRASS CAP IN HAND HOLE) BEARS
SOUTH 90°00'00" EAST, A DISTANCE OF 1319.73 FEET;
THENCE SOUTH 90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, A
DISTANCE OF 232.50 FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH 00°00'00" WEST A DISTANCE OF 56.75 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
PEORIA AVENUE AND THE POINT OF BEGINNING;
THENCE NORTH 45°00'00" EAST A DISTANCE OF 2.48 FEET, ALONG THE SOUTHWEST LINE OF A PARCEL OF LAND CONVEYED TO THE
CITY OF GLENDALE IN DOCUMENT NO. 2007-0211260, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF PEORIA AVENUE;
THENCE SOUTH 90°00'00" EAST A DISTANCE OF 98.26 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF PEORIA AVENUE, SAID LINE
BEING PARALLEL WITH AND 55 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, SAID LINE ALSO BEING THE SOUTH LINE OF PARCEL OF LAND CONVEYED TO THE CITY OF GLENDALE IN DOCUMENT
NO. 2007-0211260;
THENCE NORTH 00°31'36" EAST A DISTANCE OF 10.00 FEET ALONG THE EAST LINE OF PARCEL OF LAND CONVEYED TO THE CITY OF
GLENDALE IN DOCUMENT NO. 2007-0211260, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF PEORIA AVENUE, SAID POINT ALSO
BEING ON THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO THE CITY OF GLENDALE IN DOCUMENT NO. 2000-0540359;
THENCE SOUTH 90°00'00" EAST A DISTANCE OF 326.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF PEORIA AVENUE, SAID LINE
BEING PARALLEL WITH AND 45 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, SAID LINE ALSO BEING THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO THE CITY OF GLENDALE IN DOCUMENT
NO. 2000-0540359;
THENCE SOUTH 00°31'36" WEST A DISTANCE OF 10.00 FEET ALONG THE WEST LINE OF A PARCEL OF LAND CONVEYED TO THE CITY
OF GLENDALE IN DOCUMENT NO. 2007-0211262 TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PEORIA AVENUE;
THENCE SOUTH 90°00'00" EAST A DISTANCE OF 356.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF PEORIA AVENUE, SAID LINE
BEING PARALLEL WITH AND 55 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28,SAID LINE ALSO BEING THE SOUTH LINES OF THE PARCELS OF LAND CONVEYED TO THE CITY OF GLENDALE IN
DOCUMENT NOS. 2007-0211262, 2007-0211264, AND 2007-0211266;
THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 00°31'16" WEST A DISTANCE OF 632.00 FEET;
THENCE NORTH 90°00'00" WEST, A DISTANCE OF 970.01 FEET TO A POINT 45.00 FEET EAST OF, AND PARALLEL TO THE WEST LINE OF
SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE NORTH 00°31'16" EAST ALONG THE LINE 45.00 FEET EAST OF SAID WEST LINE, A DISTANCE OF 458.00 FEET;
THENCE SOUTH 90°00'00" EAST, A DISTANCE OF 188.00 FEET;
THENCE NORTH 00°31'30" EAST, A DISTANCE OF 172.25 FEET TO THE POINT OF BEGINNING.
SCHEDULE "B" ITEMS (COMMITMENT NO.: 06188812-128-V60)
1.
THE LIABILITIES, OBLIGATIONS AND BURDENS IMPOSED UPON SAID LAND BY REASON OF INCLUSION WITHIN THE SALT
RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT AND AGRICULTURAL IMPROVEMENT DISTRICTS.
(NOT A SURVEY MATTER)
2.
TAXES AND ASSESSMENTS COLLECTIBLE BY THE COUNTY TREASURER, A LIEN NOT YET DUE AND PAYABLE FOR THE
FOLLOWING YEAR: 2020 (NOT A SURVEY MATTER)
3.
EASEMENT AND RIGHTS INCIDENT THERETO, AS SET FORTH IN INSTRUMENT: (AS SHOWN)
RECORDED IN DOCKET
5006
PAGE
177
PURPOSE LINE OF POLES WITH WIRES AND APPURTENANT FACILITIES
4.
EASEMENT AND RIGHTS INCIDENT THERETO, AS SET FORTH IN INSTRUMENT: (AS SHOWN)
RECORDED IN DOCKET
7328
PAGE
763
PURPOSE
ROADS AND UTILITY LINES AND APPURTENANT FACILITIES
5.
MATTERS SHOWN ON SURVEY: (NO ADDITIONAL SURVEY MATTERS TO DISCLOSE)
RECORDED IN
BOOK 1073 OF MAPS
PAGE
46
NOTE: IF EXTENDED COVERAGE IS REQUESTED, EXCEPTIONS A THROUGH F WILL BE DELETED, AND
THE FOLLOWING MATTERS WILL BE ADDED:
6.
RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF.(NO DOCUMENT PROVIDED)
7.
WATER RIGHTS, CLAIMS OR TITLE TO WATER, AND AGREEMENTS, COVENANTS, CONDITIONS OR RIGHTS INCIDENT THERETO,
WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. (NOT A SURVEY MATTER)
THIS EXCEPTION IS NOT LIMITED BY REASON OF THE DISCLOSURE OF ANY MATTER RELATING TO WATER RIGHTS AS MAY BE SET
FORTHELSEWHERE IN SCHEDULE B.
8.
RIGHTS OF PARTIES IN POSSESSION. (NOT A SURVEY MATTER)
NOTE: THIS EXCEPTION WILL BE AMENDED OR DELETED UPON THE SUBMISSION OF THE CORRESPONDING DOCUMENTS REQUIRED
IN SCHEDULE B, PART I.
9.
ADVERSE MATTERS THAT MAY BE REVEALED BY AN INSPECTION OF THE LAND. (NOT A SURVEY MATTER)
NOTE: THIS EXCEPTION WILL BE AMENDED OR DELETED UPON THE SUBMISSION OF THE CORRESPONDING DOCUMENTS REQUIRED
IN SCHEDULE B, PART I.
10.
LOCATION OF IMPROVEMENTS, EASEMENTS, DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE. (AS SHOWN, IF ANY)
NOTE: THIS EXCEPTION WILL BE AMENDED OR DELETED UPON THE SUBMISSION OF THE CORRESPONDING DOCUMENTS REQUIRED
IN SCHEDULE B, PART I.
SITE
APN: 148-05-001N
D&J CAPITAL ENTERPRISES II LLC
9719 E. MOUNTAIN SPRING RD.
SCOTTSDALE, AZ 85255
NEXMETRO DEVELOPMENT
2355 E. CAMELBACK RD., STE. 805
PHOENIX, AZ 85016
EXHIBIT B
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MKC SARIVAL LLC
LOT 73
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
N0° 31' 16"E 1312.25'(M)(R)
S0° 31' 16"W
632.00'(M)(R)
N0° 31' 16"E
458.00'(M)(R)
N90° 00' 00"E
188.00'(M)(R)
N0° 31' 30"E
172.25'(M)(R)
N90° 00' 00"E
356.00'(M)(R)
S0° 31' 36"W
10.00'(M)(R)
N90° 00' 00"E
326.00'(M)(R)
N0° 31' 36"E
10.00'(M)(R)
N90° 00' 00"E
98.26'(M)(R)
N45° 00' 00"E
2.48'(M)(R)
S90° 00' 00"E 2639.53'(M)(R)
N89° 28' 46"W
45.00'(C)(R)
T
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CATV
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CAB
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S0° 00' 00"E
56.75'(C)(R)
232.50'(C)(R)
1087.23' (M)
MKC SARIVAL LLC
TRACT A
MKC SARIVAL LLC
LOT 62
MKC SARIVAL LLC
LOT 63
MKC SARIVAL LLC
LOT 64
MKC SARIVAL LLC
LOT 65
MKC SARIVAL LLC
LOT 66
MKC SARIVAL LLC
LOT 67
MKC SARIVAL LLC
LOT 68
MKC SARIVAL LLC
LOT 69
MKC SARIVAL LLC
LOT 70
MKC SARIVAL LLC
LOT 71
MKC SARIVAL LLC
LOT 72
MKC SARIVAL LLC
LOT 74
MKC SARIVAL LLC
LOT 75
MKC SARIVAL LLC
LOT 76
MKC SARIVAL LLC
TRACT B
1' V.N.A.E.
BK. 1390, PG. 43, M.C.R.
25' MULTI-USE BENEFIT EASEMENT
BK. 1390, PG. 43, M.C.R.
8' P.U.E.
BK. 1390, PG. 43, M.C.R.
PEORIA AVE.
BASIS OF BEARING
51st AVE.
686.59'(C)(R)
625.66'(C)(R)
CL EASEMENT FOR LINES AND POLES
DKT. 5006, PG. 177, M.C.R.
(NO WIDTH GIVEN)
3
15' R/W EASEMENT
DKT. 7328, PG. 763, M.C.R.
4
10' R/W
DOC. NO. 07-0211260, M.C.R.
12'R/W
DOC. NO. 00-0540359, M.C.R.
10' R/W
DOC. NO. 07-0211262, M.C.R.
10' R/W
DOC. NO. 07-0211264, M.C.R.
33' R/W
BK. 2,
PG. 14,
M.C.R.
10' R/W
DOC. NO. 07-0211264, M.C.R.
45'
55'
45'
55'
EB
4' WIRE
FENCE
4' WIRE/MESH FENCE
CORNER OF WALL
0.4' N & 0.2' W OF PL
4' BLOCK WALL & 4' CHAIN LINK FENCE
W/BARBED WIRE
19.7'
16.0'
POND AREA
(NO WATER AT TIME OF SURVEY)
DIRT TRACK
DIRT TRACK
46'
BC
2' CURB & GUTTER (TYP.)
2' CURB & GUTTER (TYP.)
5' SIDEWALK
5' SIDEWALK
4' SPLIT RAIL/WIRE FENCE
ON 6" CURB FOOTER
END 4' PIPE & WIRE FENCE
5' BLOCK WALL
0.25' CLEAR
34.5'
BC
N90° 00' 00"W
970.01'(M)(R)
W
W
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PUMP
3' SITE WALL
4' RAIL FENCE
5' SPLIT RAIL/
WIRE FENCE
5' BLOCK WALL
5' SPLIT RAIL/
WIRE/MESH FENCE
END CHAIN LINK FENCE
4' BLOCK WALL
1' BLOCK WALL
WALL TRANSITION
6' CHAIN LINK FENCE
W/BARBED WIRE
Plotted: 01/04/21 - 12:54 PM, By: bbartishell
File: M:\1123 NexMetro-Avilla 51st & Peoria-Glendale\Survey\1123_Basemap.dwg, ---> ALTA S2
DATE:
CHECKED BY:
DRAWN BY:
TITLE:
SHEET No.
PROJECT No.
01 / 04 / 21
of
MHR
BWB
1123
3
ALTA SURVEY
2
SEC 51st AVE. & PEORIA AVE.
ALTA / NSPS LAND TITLE SURVEY
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48943
Mitchell H.
Ragsdale
EXPIRES 12/31/2023
01/04/21
BRASS CAP IN HAND HOLE
NW COR. SEC. 28,
T 3 N., R 2 E.
POINT OF COMMENCEMENT
232.50'(C)(R)
SCALE: (1 Inch = 40 Feet)
40
0
40
80
120
BRASS CAP FLUSH
SW COR. NW 1/4, NW 1/4 SEC. 28,
T 3 N., R 2 E.
BRASS CAP IN HAND HOLE
N 1/4 COR. SEC. 28,
T 3 N., R 2 E.
BRASS CAP IN HAND HOLE
SEE SHEET 3
POINT OF BEGINNING
COMMITMENT NO.: 06188785-128-V60
POINT OF BEGINNING
COMMITMENT NO.: 06188812-128-V60
APN: 148-05-001M
583,567.63 SQ. FT. / 13.40 ACRES
NO BUILDINGS
VACANT LAND
CIRCLE K CONVENIENCE STORES, INC.
APN: 185-05-001L
FINAL PLAT OF SARIVAL FARMS,
BOOK 1390, PAGE 43, M.C.R.
(NO IMPROVEMENTS HAVE BEEN BUILT
WITHIN THIS SUBDIVISION)
FOUND 1/2" REBAR W/ CAP - ILLEGIBLE
PLACED CAP RLS 48943
FOUND 1/2" REBAR W/ CAP - ILLEGIBLE
PLACED CAP RLS 48943
FOUND PK NAIL W/ TAG RLS 19846
SURVEY LEGEND
SECTION CORNER
FOUND MONUMENT AS NOTED
FOUND 1/2" REBAR W/ CAP RLS 35694
SET 1/2" REBAR W/ CAP RLS #48943
NOTHING FOUND / NOTHING SET
MARICOPA COUNTY RECORDS
RIGHT OF WAY
M.C.R.
R/W
MEASURED DATA
CALCULATED DATA
(M)
(R)
(C)
SCHEDULE "B" ITEM NUMBER (SEE SHEET 1)
#
RECORD DATA (SEE SHEET 1)
SECTION LINE
BOUNDARY LINE - MEASURED
EASMENT LINE
BOUNDARY LINE - OTHER
BOUNDARY - TIES
OHE
ELECTRIC (OVERHEAD)
-
-
-
-
-
EDGE OF PAVEMENT
WALL
T
T
CATV
C
C
CAB
EB
W
W
W
S
SEWER MANHOLE
WATER VALVE
WATER BACKFLOW PREVENTER
WATER METER
FIRE HYDRANT
WELL
ELECTRIC JUNCTION BOX
ELECTRIC CABINET
STREET LIGHT
POWER POLE
GUY WIRE
CABLE TV MANHOLE
CABLE TV PEDESTAL
CABLE TV JUNCTION BOX
TELEPHONE MANHOLE
TELEPHONE PEDESTAL
SIGN - SINGLE POST
BOLLARD
1319.80'(M)
CORNER OF WALL 0.5' CLEAR
S0° 31' 16"W
632.00'(M)(R)
N90° 00' 00"E
259.98'(M)(R)
S44° 52' 33"E
21.17'(M)(R)
S0° 14' 52"W
163.00'(M)(R)
N90° 00' 00"E
30.00'(M)(R)
WW
W
S
W
EB
T
EB
T
W
W
S
T
T
W
W
S
T
S
W
T
EB
CATV
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
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-
-
-
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-
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1319.80'(M)
MKC SARIVAL LLC
LOT 75
MKC SARIVAL LLC
LOT 76
MKC SARIVAL LLC
LOT 77
MKC SARIVAL LLC
LOT 78
MKC SARIVAL LLC
LOT 79
1' V.N.A.E.
BK. 1390, PG. 43, M.C.R.
25' MULTI-USE BENEFIT EASEMENT
BK. 1390, PG. 43, M.C.R.
10' PRIVATE IRRIGATION EASEMENT
BK. 1390, PG. 43, M.C.R.
8' P.U.E.
BK. 1390, PG. 43, M.C.R.
-
-
453.98'(M)(R)
233.00'(M)(R)
624.61'(M) 624.74'(R)
S0° 14' 52"W 1311.59'(M) 1311.72'(R)
49th AVE.
10' R/W
DOC. NO. 07-0211264, M.C.R.
10' R/W
DOC. NO. 07-0211256, M.C.R.
33' R/W
BK. 2,
PG. 14,
M.C.R.
55'
5' CHAIN LINK FENCE
NO BARBED WIRE
5' WOOD POST/
WIRE MESH FENCE
DIRT TRACK
45.5'
BC
25.5'
BC
6' CHAIN LINK FENCE
W/BARBED WIRE
4.5' IRRIGATION DITCH
4' WIRE
FENCE
HEADWALL
5' SIDEWALK
N90° 00' 00"W
308.00'(M)(R)
W
W
IRRIGATION STRUCTURE
4' RAIL FENCE
6' CHAIN LINK FENCE
W/BARBED WIRE
Plotted: 01/04/21 - 12:55 PM, By: bbartishell
File: M:\1123 NexMetro-Avilla 51st & Peoria-Glendale\Survey\1123_Basemap.dwg, ---> ALTA S3
DATE:
CHECKED BY:
DRAWN BY:
TITLE:
SHEET No.
PROJECT No.
01 / 04 / 21
of
MHR
BWB
1123
3
ALTA SURVEY
3
SEC 51st AVE. & PEORIA AVE.
ALTA / NSPS LAND TITLE SURVEY
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48943
Mitchell H.
Ragsdale
EXPIRES 12/31/2023
01/04/21
LEGAL DESCRIPTION (COMMITMENT NO.: 06188785-128-V60)
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28 (BRASS CAP IN HAND HOLE) FROM WHICH THE NORTHEAST
CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28 (BRASS CAP IN HAND HOLE) BEARS
SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 1319.73 FEET;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, A DISTANCE OF 232.50 FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 56.75 FEET TO THE
SOUTH RIGHT OF WAY LINE OF PEORIA AVENUE;
THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 2.48 FEET, ALONG THE SOUTHWEST LINE OF A
PARCEL OF LAND CONVEYED TO THE CITY OF GLENDALE IN DOCUMENT NO. 2007-211260, SAID LINE ALSO BEING THE SOUTH RIGHT
OF WAY LINE OF PEORIA AVENUE;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 98.26 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF
PEORIA AVENUE, SAID LINE BEING PARALLEL WITH AND 55 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 28, SAID LINE ALSO BEING THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO THE
CITY OF GLENDALE IN DOCUMENT NO. 2007-211260;
THENCE NORTH 00 DEGREES 31 MINUTES 36 SECONDS EAST A DISTANCE OF 10.00 FEET ALONG THE EAST LINE OF A PARCEL OF
LAND CONVEYED TO THE CITY OF GLENDALE IN DOCUMENT NO. 2007-211260, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF
PEORIA AVENUE, SAID POINT ALSO BEING ON THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO THE CITY OF GLENDALE IN
DOCUMENT NO. 2000-540359;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 326.00 FEET ALONG THE SOUTH RIGHT OF WAY LINE
OF PEORIA AVENUE, SAID LINE BEING PARALLEL WITH AND 45 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 28, SAID LINE ALSO BEING THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO THE
CITY OF GLENDALE IN DOCUMENT NO. 2000-540359;
THENCE SOUTH 00 DEGREES 31 MINUTES 36 SECONDS WEST A DISTANCE OF 10.00 FEET ALONG THE WEST LINE OF A PARCEL OF
LAND CONVEYED TO THE CITY OF GLENDALE IN DOCUMENT NO. 2007-211262, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF
PEORIA AVENUE;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 356.00 FEET ALONG THE SOUTH RIGHT OF WAY LINE
OF PEORIA AVENUE, SAID LINE BEING PARALLEL WITH AND 55 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 28, SAID LINE ALSO BEING THE SOUTH LINES OF THE PARCELS OF LAND CONVEYED TO
THE CITY OF GLENDALE IN DOCUMENT NO. 2007-211262, 2007-211264 AND 2007-211266, TO THE POINT OF BEGINNING;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 259.98 FEET ALONG THE SOUTH RIGHT OF WAY OF
PEORIA AVENUE, SAID LINE BEING PARALLEL WITH AND 55.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 28, SAID LINE ALSO BEING THE SOUTH LINES OF THE PARCELS OF LAND CONVEYED TO
THE CITY OF GLENDALE IN DOCUMENT NOS. 2007-211266 AND DOCUMENT NO. 2007-211256;
THENCE SOUTH 44 DEGREES 52 MINUTES 33 SECONDS EAST, A DISTANCE OF 21.17 FEET TO A POINT 30.00 FEET WEST OF THE EAST
LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTH 00 DEGREES 14 MINUTES 52 SECONDS WEST ALONG A LINE BEING 30.00 FEET WEST OF, AND PARALLEL TO SAID
EAST LINE, A DISTANCE OF 163.00 FEET;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 30.00 FEET TO A POINT ON SAID EAST LINE;
THENCE SOUTH 00 DEGREES 14 MINUTES 52 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 453.98 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 307.99 FEET;
THENCE NORTH 00 DEGREES 31 MINUTES 16 SECONDS EAST A DISTANCE OF 632.00 FEET TO THE POINT OF BEGINNING.
SCHEDULE "B" ITEMS (COMMITMENT NO.: 06188785-128-V60)
1.
RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF.(NO DOCUMENT PROVIDED)
2.
WATER RIGHTS, CLAIMS OR TITLE TO WATER, AND AGREEMENTS, COVENANTS, CONDITIONS OR RIGHTS INCIDENT THERETO,
WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS.(NOT A SURVEY MATTER)
THIS EXCEPTION IS NOT LIMITED BY REASON OF THE DISCLOSURE OF ANY MATTER RELATING TO WATER RIGHTS AS MAY BE SET
FORTH ELSEWHERE IN SCHEDULE B.
3.
TAXES AND ASSESSMENTS COLLECTIBLE BY THE COUNTY TREASURER, A LIEN NOT YET DUE AND PAYABLE FOR THE
FOLLOWING YEAR: 2020 (NOT A SURVEY MATTER)
4.
THE LIABILITIES, OBLIGATIONS AND BURDENS IMPOSED UPON SAID LAND BY REASON OF INCLUSION WITHIN THE SALT
RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT AND AGRICULTURAL IMPROVEMENT DISTRICTS.
(NOT A SURVEY MATTER)
5.
EASEMENT AND RIGHTS INCIDENT THERETO, AS SET FORTH IN INSTRUMENT:(DOES NOT AFFECT SUBJECT PARCEL)
RECORDED IN DOCKET
9349
PAGE
383
PURPOSE CONSTRUCT, OPERATE, MAINTAIN AND REPAIR UTILITIES AND/OR IRRIGATION FACILITIES
6.
EASEMENT AND RIGHTS INCIDENT THERETO, AS SET FORTH IN INSTRUMENT: (DOES NOT AFFECT SUBJECT PARCEL)
RECORDED IN DOCKET
10663
PAGE
1186
PURPOSE CONSTRUCT, OPERATE, MAINTAIN AND REPAIR SEWER LINE AND FACILITIES
7.
RIGHTS OF PARTIES IN POSSESSION. (NOT A SURVEY MATTER)
NOTE: THIS EXCEPTION WILL BE AMENDED OR DELETED UPON THE SUBMISSION OF THE CORRESPONDING DOCUMENTS REQUIRED
IN SCHEDULE B, PART I.
8.
ADVERSE MATTERS THAT MAY BE REVEALED BY AN INSPECTION OF THE LAND. (NOT A SURVEY MATTER)
NOTE: THIS EXCEPTION WILL BE AMENDED OR DELETED UPON THE SUBMISSION OF THE CORRESPONDING DOCUMENTS REQUIRED
IN SCHEDULE B, PART I.
9.
LOCATION OF IMPROVEMENTS, EASEMENTS, DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE.(AS SHOWN, IF ANY)
NOTE: THIS EXCEPTION WILL BE AMENDED OR DELETED UPON THE SUBMISSION OF THE CORRESPONDING DOCUMENTS REQUIRED
IN SCHEDULE B, PART I.
SCALE: (1 Inch = 40 Feet)
40
0
40
80
120
SURVEY LEGEND
SECTION CORNER
FOUND MONUMENT AS NOTED
FOUND 1/2" REBAR W/ CAP RLS 35694
SET 1/2" REBAR W/ CAP RLS #48943
NOTHING FOUND / NOTHING SET
MARICOPA COUNTY RECORDS
RIGHT OF WAY
M.C.R.
R/W
MEASURED DATA
CALCULATED DATA
(M)
(R)
(C)
SCHEDULE "B" ITEM NUMBER (SEE SHEET 1)
#
RECORD DATA (SEE SHEET 1)
SECTION LINE
BOUNDARY LINE - MEASURED
EASMENT LINE
BOUNDARY LINE - OTHER
BOUNDARY - TIES
OHE
ELECTRIC (OVERHEAD)
-
-
-
-
-
EDGE OF PAVEMENT
WALL
SEE SHEET 2
BRASS CAP IN HAND HOLE
N 1/4 COR. SEC. 28,
T 3 N., R 2 E.
BRASS CAP IN HAND HOLE
BRASS CAP FLUSH
POINT OF BEGINNING
COMMITMENT NO.: 06188785-128-V60
35' R/W
BK. 148, PG. 29, M.C.R.
NORTH LN.
COCHISE DR.
APN: 148-05-001N
188,240.73 SQ. FT. / 4.32 ACRES
NO BUILDINGS
VACANT LAND
35' R/W
BK. 148, PG. 29, M.C.R.
FINAL PLAT OF SARIVAL FARMS,
BOOK 1390, PAGE 43, M.C.R.
(NO IMPROVEMENTS HAVE BEEN BUILT
WITHIN THIS SUBDIVISION)
FOUND 1/2" REBAR W/
CAP - ILLEGIBLE
PLACED CAP RLS 48943
FOUND 1/2" REBAR W/
CAP - ILLEGIBLE
PLACED CAP RLS 48943
FOUND 1/2" REBAR W/
CAP - ILLEGIBLE
PLACED CAP RLS 48943
20' R/W
BK. 1320, PG. 43, M.C.R.
T
T
CATV
C
C
CAB
EB
W
W
W
S
SEWER MANHOLE
WATER VALVE
WATER BACKFLOW PREVENTER
WATER METER
FIRE HYDRANT
WELL
ELECTRIC JUNCTION BOX
ELECTRIC CABINET
STREET LIGHT
POWER POLE
GUY WIRE
CABLE TV MANHOLE
CABLE TV PEDESTAL
CABLE TV JUNCTION BOX
TELEPHONE MANHOLE
TELEPHONE PEDESTAL
SIGN - SINGLE POST
BOLLARD
2' CURB & GUTTER W/
5' SIDEWALK (TYP.)
EDGE OF PAVEMENT
2' CURB & GUTTER (TYP.)