O24-08

City of Glendale — Regular Meeting (2024-04-09)

Extracted text (via pymupdf) 44577 characters

ORDINANCE NO. O24-08

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE,
MARICOPA
COUNTY,
ARIZONA,
AUTHORIZING THE EXECUTION OF A PURCHASE
AGREEMENT FOR TRANSFER OF PROPERTY AND A
TEMPORARY
CONSTRUCTION
EASEMENT
WITH
MARICOPA COUNTY AT THE SOUTHWEST CORNER OF
99TH AND NORTHERN AVENUES IN SUPPORT OF THE
NORTHERN PARKWAY PROJECT AND DIRECTING THE
CITY CLERK TO RECORD A CERTIFIED COPY OF THIS
ORDINANCE.

WHEREAS, in 2008, the City of Glendale entered into an Intergovernmental Agreement
(IGA) with Maricopa County, the City of El Mirage, and the City of Peoria for improvements to
Northern Parkway from SR303 to US 60 (Grand Avenue); and

WHEREAS, the City has satisfied a portion of its financial obligation to the project by
purchasing real property in support of the project at the southwest corner of 99th and Northern
Avenues; and

WHEREAS, it is in the public interest for the City to transfer a portion of this real property
and grant a temporary construction easement to Maricopa County in support of the construction of
Northern Parkway from 99th Avenue to 87th Avenue; and

WHEREAS, the city will be retaining approximately 13.attac42 acres of the 15.82 acre
parcel which may be disposed of in the future; and

WHEREAS, the City Clerk of the City of Glendale has caused a notice for transfer of this
property to be published in the Arizona Republic on March 20, 2024, and March 27, 2024, and
posted at the Glendale Civic Center for twelve (12) consecutive days as required by the Glendale
City Code, Section 2-167.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:

SECTION 1. That the City Manager of the City of Glendale is hereby authorized and
directed to enter into the attached Purchase Agreement and Temporary Construction Easement
with Maricopa County and execute the necessary documents to complete the transfer of the
property described in Exhibit “A” attached hereto and incorporated herein.

SECTION 2. That the City Clerk is instructed and authorized to forward a certified copy
of this ordinance for recording to the Maricopa County Recorder’s Office.

SECTION 3. That the provisions of this ordinance shall become effective thirty (30) days
after passage of this ordinance by the Glendale City Council.

(Signatures on following page)

PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale,
Maricopa County, Arizona, this 9th day of April, 2024.

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

D24434
Purchase Offer
Page 1 of 4

ELECTRONIC MAIL

January 11, 2024

City of Glendale, an Arizona municipal corporation
Attn: Jayme Chapin
5850 W. Glendale Ave, Suite 315
Glendale, Arizona 85301

Project: TT0372 Northern Parkway
Termini: 99th Ave-87th Ave
Parcel No.: 142-60-005N & 005S
Item No.: D24434 (TD)

Dear Ms. Chapin:
The Maricopa County Department of Transportation (MCDOT) is completing plans for the
TT0372 Northern Parkway Project. The project will widen Northern Avenue from 99th-87th
Avenue to include a Diverging Diamond Interchange at the Loop 101 to help improve
connectivity between the west and east valley. As part of this vital transportation project,
it will be necessary to acquire Fee Simple Land along with a Temporary Construction
Easement (TCE) on a portion of the property you represent for the roadway widening and
construction of this project. The required land rights (Fee and TCE ) are described and
depicted in the exhibits attached to their respective conveyance documents included in
this offer package.
An appraisal of the required right of way area has been completed by Glover Valuation
Group and has been reviewed by Axia Appraisal Services. This appraisal represents
“Market Value” and has been approved as just compensation for the required right of way.
A copy of the appraisal is enclosed for your review.
Acquisition Areas:
Fee Simple Land 104,647 Sq. Ft. x $10.50 s.f. =

$1,098,793.50

Temporary Construction Easement**
19,932 Sq. Ft. x $10.50 s.f. x 90% x 10% x 2 years=

$37,672.00

Site Improvements:

$140,975.00
• Hybrid Fan Palm Tree (20+ feet tall)

D24434
Purchase Offer
Page 2 of 4

• Mesquite/Acacia Tree (15+ feet tall)
• Mesquite/Acacia Tree (±12 to ±15 feet tall)
• Palo Verde Tree (±12 to ±15 feet tall)
• Parking Lot Improvements 21,750 l.f
• Chain Link Fencing 35 l.f

Total

$1,277,440.50
Total Compensation in accordance with the IGA

$0.00
In accordance with Intergovernmental Agreement (IGA) recording number 2008-1088049
compensation will not be rendered as the City of Glendale is a participating partner in the
Northern Parkway Project and required to provide a local match.
Maricopa County Real Estate Department is proud to provide a secure, convenient,
environmentally conscious, and time efficient paperless option to complete your
transaction with the use of your computer, tablet, or cell phone. To accept your offer
within 30 days of receipt of this package, please contact your Agent to schedule your
Remote Online Notary session.
What is Remote Online Notary:
To expedite the process, use our Notary service through DocuSign. This is a remote
notary service which allows Real Estate Department to notarize documents from their
computer. (see page 4 for details)

Upon receipt of the signed documents, an escrow account will be established at Security
Title Agency. As a matter of policy, MCDOT will pay all title & escrow fees associated with
the purchase.

Please call me at 602-506-4883 or email me at tangella.diaz@maricopa.gov if you have
any questions.
Sincerely,
Tangella Diaz
Tangella Diaz
Senior Right of Way Agent
Maricopa County Real Estate Department

D24434
Purchase Offer
Page 3 of 4

DOCUMENT CHECKLIST

The attached documents require your signature, initials, or completion in order to accept
this purchase offer. Please contact me to schedule the Remote Online Notary
appointment within 30 days of receipt of this package.

Please sign the following in acceptance of the offer:

Purchase Agreement &
Escrow Instructions

Request & Authorization for
Reconveyance

Supplemental Escrow
Instructions

Right of Way Agreement

W-9 Form (Complete needed
information and sign)

Right of Entry for ___________

Please sign before a Notary Public to have your signature acknowledged:

Warranty Deed

Drainage Easement

Quit Claim Deed

Utility Easement

Disclaimer Deed

Slope Easement

Release Document

Temporary Construction Easement

Consent to Easement

Please complete:

Statement of Identity

1099-B Report Filing Statement

Third Party Authorization

Proof of signing authority – partial

Corporation minutes.

Enclosed for your records (need not be returned):

Preliminary Title Report –
Portion

Owner's Copy of Documents

Property Appraisal or Market
Valuation

D24434
Purchase Offer
Page 4 of 4

Items Needed for Online Notary Process:
1. Email address for each signer
2. Computer, tablet, or cellphone for each signer
3. Webcam and microphone on your computer
4. Stable audio, video and network connection for live session
5. Cell phone with camera, internet connection and texting ability.
Forms of Identification Needed:
1. Identification Card, Valid Driver’s License or Passport
How the Process Works?
 Schedule an appointment with your Agent outside of DocuSign system
 DocuSign will run a system check on each participant’s computers
 Notary will enter session and start recording which will send an email to the
signer asking to “Join Notary Session”
 Next, it will prompt you to fill out necessary information for Identity Verification.
Signer will have 2 minutes to successfully complete this process
 It will then prompt signer to verify what kind of identification you will be using
 You will then be guided through the process of using your mobile device to
receive a text message and upload a picture, front/back, of identification being
used for this session
 Once ID has been verified it will instruct you to go back to your computer and
continue with notary session
 Notary will review information and allow the signer into the live recorded session
 Notary and signer can discuss the document prior to notarization. Once both
parties are ready to begin the Notary will click save and notarize
 Notary will begin completing their Notarial Journal
 Signer will then be able to sign the document
 Notary will then complete document by signing/notarizing and will be able to
conclude the recorded session at this time
Notarize How to Video: https://www.docusign.com/products/notary

Page 1 of 11

Maricopa County
Purchase Agreement and Escrow Instructions
Title Company
Security Title Agency

Date
January 8, 2024
Address
4722 N. 24th Street

Phone
602-230-6271
City
Phoenix, Arizona 85016

Fax
602-926-0452
Escrow Officer
Jason Bryant

Email
jbryant@securitytitle.com
Escrow No.
15210630-015-JB6-SW

Grantor:
City of Glendale, an Arizona municipal corporation

Phone:
623-930-3654
Contact
Jayme Chapin

Phone:

Mailing Address:
5850 W. Glendale Ave, Suite 315

Email
jchapin@glendaleaz.com
City, State Zip
Glendale, Arizona 85301

Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address:
Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009

MARICOPA COUNTY shall pay directly to the Grantor, or
deposit with the Title Company if escrowed, the purchase price
plus all lawful costs incidental to closing as follows:
Sub-
Object
Code
Charges and Disbursements to be paid from Grantor's funds as
follows (check all that apply):

Escrow Fees
TBD

Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees
TBD

monetary liens and encumbrances, and leases of any kind.
Title Report

Pay in full all due and delinquent real property taxes and
Title Report Credit

general and special improvement assessments. Prorate the
Total Escrow & Title Fees
TBD
14

current year's real property taxes on closings that occur on or

after the 3rd Monday of August each year. Escrow Agent
Recording Fees:

shall withhold the prorated amounts from each party and pay

Release & Reconveyance

the lien of the current year's taxes in full.

Release of Lease

Partial Acquisition of Grantor's Property: Partial release of all

monetary liens and encumbrances, and leases of any kind.

At the discretion of Maricopa County, pay due and delinquent
Total Recording Fees
TBD
14

property taxes and general and special improvement

assessments, including full payment of taxes and
Other Charges:

assessments on individual assessor parcels within

Release Fees

Maricopa County's partial acquisition, and any Certificate(s)

Consent Fees

of Purchase. The current year's taxes shall not be prorated

S.R.V.W.U.A.

regardless of the closing date.

Taxes -Prorated

Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
TBD
14

Other Disbursements:

Sub Total

Land*
$0.00

Easements*

Improvements*

Cost to Cure***

Right of Way Contract Exhibit “ C “
Yes

TCE/DWTCE/ROE***

Total Purchase Price
$0.00

Total Escrow & Title Costs

TBD
14

Total Compensation (minus any
funds paid outside of escrow)

$0.00

TOTAL WARRANT**

TBD

*Escrow and title policy fees based on this amount only.

**Sum of "Total Closing Costs" and "Total Compensation" only.
*** P.O.C Paid outside of closing/Recorded Outside of Escrow

Project Name:
Northern Parkway 99th Ave-87th Ave
Project Number:
TT0372
Assessor Parcel No.:
142-60-005N & 005S
Item No.
D24434
Right of Way Agent:
Tangella Diaz
Telephone #
602-506-4883

Page 2 of 11

The GRANTORS and GRANTEE, having executed a conveyance of certain real property rights as described and depicted in the Exhibits A-1, A-2, A-
3, A-4, B-1 and B-2, attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is
directed to deliver said conveyance to MARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the
MARICOPA COUNTY BOARD OF SUPERVISORS.

The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and
other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms herein.

Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this
agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance
of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for
any liens or encumbrances not of record at the closing of escrow.

The Right of Way Agent or MARICOPA COUNTY Real Estate Department will be furnished a copy of the GRANTORS’ closing statement with the
following certification signed by an authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from
MARICOPA COUNTY.”

The Escrow Agent is to request the GRANTORS acknowledge receipt of the amount shown on the closing statement as due GRANTORS. Either a
copy of this request or a copy of a signed receipt is to be retained in the escrow file.

MARICOPA COUNTY will pay the costs of the owner’s title insurance policy; fees associated with lender releases or loan pay-offs, including
endorsements, document preparation, and other expenses related thereto; escrow fees and other charges by escrow companies incidental to the closing
of escrow. In the alternative, MARICOPA COUNTY may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title
Company, Escrow Agent and title insurance herein are not applicable.

If any element of this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and
payment will be made direct from the GRANTEE to the GRANTORS after approval and acceptance by the MARICOPA COUNTY BOARD OF
SUPERVISORS and the final filing and recording of the documents.

It is understood and agreed the consideration expressed herein is accepted by the GRANTORS as full and complete compensation for the interest being
acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration also includes; full and complete compensation for all injury
or damage to the GRANTORS’ remaining lands by reason of their severance from the part being acquired and the construction of the improvements in
the manner proposed by MARICOPA COUNTY.

MARICOPA COUNTY agrees to pay and the GRANTORS accepts the payment in full for the property described herein:
•
Real property described and depicted in Exhibit A-1, A-2 , A-3 and A-4
•
Temporary Construction Easement described and depicted in Exhibit B-1 and B-2
•
Improvements located on the property and broken out as follows in Exhibit C

If in the opinion of the Transportation Director it becomes necessary, MARICOPA COUNTY, or its agents, is hereby granted to enter upon the
remaining property for the purpose of private structure relocation in kind to the GRANTOR’s property, clear of the property described herein, and at
no expense to the GRANTORS except as may be herein otherwise agreed.

With respect to the development/redevelopment of the property prior to construction of project TT0372, GRANTORS will be responsible only for the
costs of improvements required by the County or a municipality as part of a regulatory approval related to development/redevelopment of the property.

MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the GRANTORS’ property
caused by MARICOPA COUNTY's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of
MARICOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821.

This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.

It is further agreed settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary
purpose, in conjunction with any judicial or administrative proceeding.

Page 3 of 11

GRANTORS: City of Glendale, an Arizona
municipal corporation

RECOMMENDED FOR APPROVAL:

ACCEPTED AND APPROVED:

MARICOPA COUNTY DEPARTMENT

MARICOPA COUNTY BOARD OF
_______________________________
OF TRANSPORTATION

SUPERVISORS
BY: Date

_______________________________
_______________________________

_________________________________
_____________________________

Right of Way Supervisor

Chairman of the Board
ITS:

_______________________________

ATTEST:

Date

Approved as to form within the

_________________________________

powers and authority of the Board of

Clerk of the Board of Supervisors

Supervisors

_______________________________

_________________________________

Deputy County Attorney Date

Date

Page 4 of 11

EXHIBIT “C”
Parcel No. 142-60-005N & 005S
Item No. D24434 (TD)

• Hybrid Fan Palm Tree (20+ feet tall)
• Mesquite/Acacia Tree (15+ feet tall)
• Mesquite/Acacia Tree (±12 to ±15 feet tall)
• Palo Verde Tree (±12 to ±15 feet tall)
• Parking Lot Improvements 21,750 l.f
• Chain Link Fencing 35 l.f

Wood, Patel & Associates, Inc.
602.335.8500
www.woodpatel.com
Revised March 10, 2023
Revised February 28, 2023
January 25, 2023
WP# 215248.80
Page 1 of 3
See Exhibit “A-1”
LEGAL DESCRIPTION
Northern Avenue
Portion of APN 142-60-005N
D24434
Public Right-of-Way
A portion of that certain parcel of land described in Document 2006-0806968, Maricopa County
Records (MCR), lying within Section 5, Township 2 North, Range 1 East, of the Gila and Salt
River Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the northeast corner of said Section 5, a 3-inch brass cap in handhole, from
which the north quarter corner of said section, a 3-inch brass cap in handhole, bears South
88°54'48" West (basis of bearing), a distance of 2625.89 feet;
THENCE along the north line of said section, South 88°54'48" West, a distance of 107.07 feet;
THENCE leaving said north line, South 01°05'12" East, a distance of 54.91 feet, to the southerly
right-of-way line of Northern Avenue and the POINT OF BEGINNING;
THENCE along said southerly right-of-way line, South 42°17'34" East, a distance of 75.93 feet,
to the west right-of-way line of 99th Avenue;
THENCE leaving said southerly right-of-way line, along said west right-of-way line, South
00°03'16" West, a distance of 92.67 feet;
THENCE leaving said west right-of-way line, North 40°15'22" West, a distance of 74.90 feet;
THENCE South 88°40'14" West, a distance of 134.44 feet;
THENCE North 87°46'34" West, a distance of 288.49 feet;
THENCE South 26°12'42" West, a distance of 32.92 feet, to the west line of said certain parcel
of land;
THENCE along said west line, North 00°00'55" West, a distance of 43.90 feet, to said southerly
right-of-way line;
THENCE leaving said west line, along said southerly right-of-way line, North 76°45'26" East, a
distance of 14.16 feet;
THENCE North 10°44'15" East, a distance of 41.29 feet;
THENCE North 80°23'45" East, a distance of 118.70 feet;
Page 5 of 11

Legal Description
Northern Avenue
Portion of APN 142-60-005N
D24434
Public Right-of-Way
THENCE North 88°54'48" East, a distance of 296.16 feet, to the POINT OF BEGINNING.
Containing 40,140 square feet or 0.9215 acres, more or less.
Subject to existing right-of-ways and easements.
This parcel description was prepared without the benefit of survey fieldwork and is based on
client provided information. Any monumentation noted in this parcel description is based on said
information.
Y:\WP\Parcel Descriptions\2021\215248.80 Northern Ave Portion of APN 142-60-005N D24434 Public ROW L11R02 03-10-23.docx
03-10-23
Revised March 10, 2023
Revised February 28, 2023
January 25, 2023
WP# 215248.80
Page 2 of 3
See Exhibit “A-1-”
Page 6 of 11

(BASIS OF BEARING)
NORTHERN AVENUE
99TH AVENUE
CITY OF GLENDALE
DOC 2006-0806968, MCR
APN 142-60-005N
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DOC 1989-0343960, MCR
APN 142-60-005M
NORTHEAST CORNER
SECTION 5, T2N, R1E
3" BRASS CAP IN
HANDHOLE
POC
EX 55'
RW
EX 40'
RW
S88°54'48"W 2625.89'
S00°03'16"W 2583.71'
107.07'
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
POB
NORTH 1/4 CORNER
SECTION 5, T2N, R1E
3" BRASS CAP IN HANDHOLE
EAST 1/4 CORNER SECTION 5, T2N, R1E
1/2" REBAR WITH ALUMINUM CAP
LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
BEARING
S01°05'12"E
S42°17'34"E
S00°03'16"W
N40°15'22"W
S88°40'14"W
N87°46'34"W
DISTANCE
54.91'
75.93'
92.67'
74.90'
134.44'
288.49'
LINE TABLE
LINE
L7
L8
L9
L10
L11
L12
BEARING
S26°12'42"W
N00°00'55"W
N76°45'26"E
N10°44'15"E
N80°23'45"E
N88°54'48"E
DISTANCE
32.92'
43.90'
14.16'
41.29'
118.70'
296.16'
Z:\2021\215248\Survey\Legal\5248-L11R02.dwg
PORTION OF APN 142-60-005N
NOT TO SCALE
PAGE 3 OF 3
WP# 215248.80
REVISED 3/10/2023
PUBLIC RIGHT-OF-WAY
NORTHERN AVENUE
EXHIBIT "A"
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EXPIRES 12-31-23
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03-10-23
A-2
Page 7 of 11

Wood, Patel & Associates, Inc.
602.335.8500
www.woodpatel.com
May 11, 2023
WP# 215248.80
Page 1 of 2
See Exhibit
“A-3”
LEGAL DESCRIPTION
Northern Avenue
Portion of APN 142-60-005S
D24434
Public Right-of-Way
A portion of that certain parcel of land described in Document 2013-0667316, Maricopa County
Records (MCR), lying within Section 5, Township 2 North, Range 1 East, of the Gila and Salt
River Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the northeast corner of said Section 5, a 3-inch brass cap in handhole, from
which the north quarter corner of said section, a 3-inch brass cap in handhole, bears South
88°54'48" West (basis of bearing), a distance of 2625.89 feet;
THENCE along the east line of said section, South 00°03'16" West, a distance of 1118.14 feet;
THENCE leaving said section line, North 89°56'44" West, a distance of 64.81 feet, to the east
line of said certain parcel of land and the POINT OF BEGINNING;
THENCE along said east line, South 00°03'16" West, a distance of 173.81 feet, to the southeast
corner of said certain parcel of land;
THENCE leaving said east line, along the south line of said certain parcel of land, South
88°18'01" West, a distance of 360.14 feet;
THENCE leaving said south line, North 00°00'00" East, a distance of 184.49 feet;
THENCE North 90°00'00" East, a distance of 360.15 feet, to the POINT OF BEGINNING.
Containing 64,507 square feet or 1.4809 acres, more or less.
Subject to existing right-of-ways and easements.
This parcel description was prepared without the benefit of survey fieldwork and is based on
client provided information. Any monumentation noted in this parcel description is based on said
information.
Y:\WP\Parcel Descriptions\2021\215248.80 Northern Ave APN 142-60-005S D24434 Public Right-of-Way L39 05-11-23.docx
05-11-23
Page 8 of 11

(BASIS OF BEARING) NORTHERN AVENUE
NORTHEAST CORNER SECTION 5, T2N, R1E
3" BRASS CAP IN HANDHOLE
POC
S88°54'48"W 2625.89'
NORTH 1/4 CORNER
SECTION 5, T2N, R1E
3" BRASS CAP IN HANDHOLE
99TH AVENUE
CITY OF GLENDALE
DOC 2013-0667316, MCR
APN 142-60-005S
ARIZONA DEPARTMENT OF
TRANSPORTATION
DOC 1991-0461611, MCR
APN 142-60-006C
EX 55'
RW
S00°03'16"W 2583.71'
1118.14'
POB
EX 65'
RW
L1
L2
L3
L4
L5
LINE TABLE
LINE
L1
L2
L3
L4
L5
BEARING
N89°56'44"W
S00°03'16"W
S88°18'01"W
N00°00'00"E
N90°00'00"E
DISTANCE
64.81'
173.81'
360.14'
184.49'
360.15'
EAST 1/4 CORNER SECTION 5, T2N, R1E
1/2" REBAR WITH ALUMINUM CAP
Z:\2021\215248\Survey\Legal\5248-L39.dwg
PORTION OF APN 142-60-005S
NOT TO SCALE
PAGE 2 OF 2
WP# 215248.80
5/11/2023
PUBLIC RIGHT-OF-WAY
NORTHERN AVENUE
EXHIBIT "A"
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EXPIRES 12-31-23
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05-11-23
"A-4"
Page 9 of 11

Wood, Patel & Associates, Inc.
602.335.8500
www.woodpatel.com
Revised March 10, 2023
February 28, 2023
WP# 215248.80
Page 1 of 2
See Exhibit “B-1”
LEGAL DESCRIPTION
Northern Avenue
Portion of APN 142-60-005N
D24434
Temporary Construction Easement
A portion of that certain parcel of land described in Document 2006-0806968, Maricopa County
Records (MCR), lying within Section 5, Township 2 North, Range 1 East, of the Gila and Salt
River Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the northeast corner of said Section 5, a 3-inch brass cap in handhole, from
which the north quarter corner of said section, a 3-inch brass cap in handhole, bears South
88°54'48" West (basis of bearing), a distance of 2625.89 feet;
THENCE along the north line of said section, South 88°54'48" West, a distance of 106.20 feet;
THENCE leaving said north line, South 01°05'12" East, a distance of 146.63 feet, to the POINT
OF BEGINNING;
THENCE South 40°15'22" East, a distance of 50.37 feet;
THENCE South 88°54'48" West, a distance of 469.84 feet, to the west line of said certain parcel
of land;
THENCE along said west line, North 00°00'55" West, a distance of 25.89 feet;
THENCE leaving said west line, North 26°12'42" East, a distance of 32.92 feet;
THENCE South 87°46'34" East, a distance of 288.49 feet;
THENCE North 88°40'14" East, a distance of 134.44 feet, to the POINT OF BEGINNING.
Containing 19,932 square feet or 0.4576 acres, more or less.
Subject to existing right-of-ways and easements.
This parcel description was prepared without the benefit of survey fieldwork and is based on
client provided information. Any monumentation noted in this parcel description is based on said
information.
Y:\WP\Parcel Descriptions\2021\215248.80 Northern Ave Portion of APN 142-60-005N D24434 TCE L26R01 03-10-23.docx
03-10-23
Page 10 of 11

(BASIS OF BEARING)
NORTHERN AVENUE
99TH AVENUE
CITY OF GLENDALE
DOC 2006-0806968, MCR
APN 142-60-005N
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DOC 1989-0343960, MCR
APN 142-60-005M
NORTHEAST CORNER
SECTION 5, T2N, R1E
3" BRASS CAP IN
HANDHOLE
POC
EX 55'
RW
EX 40'
RW
S88°54'48"W 2625.89'
S00°03'16"W 2583.71'
106.20'
L1
POB
L2
L3
L4
L5
L6
L7
NORTH 1/4 CORNER
SECTION 5, T2N, R1E
3" BRASS CAP IN HANDHOLE
EAST 1/4 CORNER SECTION 5, T2N, R1E
1/2" REBAR WITH ALUMINUM CAP
LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
BEARING
S01°05'12"E
S40°15'22"E
S88°54'48"W
N00°00'55"W
N26°12'42"E
S87°46'34"E
N88°40'14"E
DISTANCE
146.63'
50.37'
469.84'
25.89'
32.92'
288.49'
134.44'
Z:\2021\215248\Survey\Legal\5248-L26R01.dwg
PORTION OF APN 142-60-005N
NOT TO SCALE
PAGE 2 OF 2
WP# 215248.80
REVISED 3/10/2023
TEMPORARY CONSTRUCTION EASEMENT
NORTHERN AVENUE
EXHIBIT "A"
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Page 11 of 11

Page 1 of 8

Project No.: TT0372
Project Name: Northern Parkway 99th Ave-87th Ave
Parcel No.: 142-60-005S & 005N
Item No.: D24434
WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009

EXEMPT A.R.S. § 11-1134, A3
TD/WJ

WARRANTY DEED

Assessor's Parcel No.: 142-60-005N & 005S
Project No.:
TT0372
Project Name:
Northern Parkway
Termini:
99th Ave-87th Ave
Item No.:
D24434

We, City of Glendale, an Arizona municipal corporation, hereinafter called the GRANTORS,
do hereby convey to Maricopa County, a political subdivision of the State of Arizona,
hereinafter called the GRANTEE, the following real property situated in Maricopa County,
Arizona:

SEE ATTACHED EXHIBITS FOR LEGAL DESCRIPTIONS

Subject to current taxes and other assessments, reservations in patents and all easements, rights of
way, encumbrances, liens, covenants, restrictions, obligations, and liabilities as may appear of
record, the GRANTORS warrant the title against all persons whomsoever.

Page 2 of 8

Project No.: TT0372
Project Name: Northern Parkway 99th Ave-87th Ave
Parcel No.: 142-60-005S & 005N
Item No.: D24434

CITY OF GLENDALE:

_____________________________________
Kevin R. Phelps, City Manager

ATTEST:

_____________________________
Julie K. Bower, City Clerk

(Seal)

APPROVED AS TO FORM:

______________________________
Michael D. Bailey, City Attorney

Page 3 of 8

Project No.: TT0372
Project Name: Northern Parkway 99th Ave-87th Ave
Parcel No.: 142-60-005S & 005N
Item No.: D24434

RECOMMENDED FOR APPROVAL:

Senior Right of Way Agent

Right of Way Supervisor

ACCEPTED:

Board of Supervisors of Maricopa County

By:

Chairman of the Board

ATTEST:

Clerk of the Board of Supervisors Date

Approved as to form and within the powers
and authority of the Board of Supervisors

Deputy County Attorney Date

Page 1 of 6

Project No.: TT0372
Project Name: Northern Parkway 99th Ave-87th Ave
Parcel No.: 142-60-005N
Item No.: D24434
WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009

EXEMPT A.R.S. § 11-1134, A.2

TD/WJ

TEMPORARY CONSTRUCTION EASEMENT

Assessor's Parcel No.: 142-60-005N
Project No.:
TT0372
Project Name:
Northern Parkway
Termini:
99th Ave-87th Ave
Item No.:
D24434-TCE

This Temporary Construction Easement is entered into by and between City of Glendale, an
Arizona municipal corporation, hereinafter referred to as GRANTORS, the owner of the real
property situated in Maricopa County, Arizona, which property is set forth in instrument number
(2006-0806968) in the official records of Maricopa County (the “Burdened Property”), and
Maricopa County, a political subdivision of the State of Arizona, its assigns and successors in
title or interest, hereinafter collectively called GRANTEE.

GRANTORS hereby grant a Temporary Construction Easement (“TCE”), together with
the right and privilege of entering upon the area subject to the conditions set forth herein, on, over,
under and across that portion of the Burdened Property legally described on Exhibit "A-1" and
depicted in Exhibit “A-2” attached hereto (the “Easement Area”) for the purpose of facilitating
construction of the project known as TT0372 (“Project”).

1.
Term and Consideration. This TCE is hereby granted for the stated purpose for a
period of 24 months (“Term”) which shall commence upon the written notice to the Grantors by
the Grantee. GRANTEE estimates that the period of time stated above will be sufficient for
completion of the work within the TCE Area. GRANTEE shall provide written notification to
GRANTORS of the initiation of construction activities no less than thirty (30) calendar days in
advance of construction activities.

Page 2 of 6

Project No.: TT0372
Project Name: Northern Parkway 99th Ave-87th Ave
Parcel No.: 142-60-005N
Item No.: D24434
2.
Damages. The GRANTEE shall be liable for any permanent damage to the TCE
Area, and/or any improvements therein, caused by GRANTEE during the Term of this TCE, and
any extension thereof. Any improvements damaged as a result of GRANTEE’S use of the TCE
Area will be replaced in kind.

3.
Extinguishment. Upon completion of the Project construction, GRANTEE shall
record a document extinguishing this TCE in the office of the Maricopa County Recorder, which
document may be executed on behalf of the GRANTEE by the Director of the Maricopa County
Real Estate Department.

Page 3 of 6

Parcel No.: 142-60-005N
Item No.: D24434
Project No.: TT0372
Project Name: Northern Parkway 99th Ave-87th Ave

CITY OF GLENDALE:

_____________________________________
Kevin R. Phelps, City Manager

ATTEST:

_____________________________
Julie K. Bower, City Clerk

(Seal)

APPROVED AS TO FORM:

______________________________
Michael D. Bailey, City Attorney

Page 4 of 6

Project No.: TT0372
Project Name: Northern Parkway 99th Ave-87th Ave
Parcel No.: 142-60-005N
Item No.: D24434

RECOMMENDED FOR APPROVAL:

Senior Right of Way Agent

Right of Way Supervisor

ACCEPTED:

Board of Supervisors of Maricopa County

By:

Chairman of the Board

ATTEST:

Clerk of the Board of Supervisors Date

Approved as to form and within the powers
and authority of the Board of Supervisors

Deputy County Attorney Date

Wood, Patel & Associates, Inc.
602.335.8500
www.woodpatel.com
Revised March 10, 2023
February 28, 2023
WP# 215248.80
Page 1 of 2
See Exhibit “A-1”
LEGAL DESCRIPTION
Northern Avenue
Portion of APN 142-60-005N
D24434
Temporary Construction Easement
A portion of that certain parcel of land described in Document 2006-0806968, Maricopa County
Records (MCR), lying within Section 5, Township 2 North, Range 1 East, of the Gila and Salt
River Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the northeast corner of said Section 5, a 3-inch brass cap in handhole, from
which the north quarter corner of said section, a 3-inch brass cap in handhole, bears South
88°54'48" West (basis of bearing), a distance of 2625.89 feet;
THENCE along the north line of said section, South 88°54'48" West, a distance of 106.20 feet;
THENCE leaving said north line, South 01°05'12" East, a distance of 146.63 feet, to the POINT
OF BEGINNING;
THENCE South 40°15'22" East, a distance of 50.37 feet;
THENCE South 88°54'48" West, a distance of 469.84 feet, to the west line of said certain parcel
of land;
THENCE along said west line, North 00°00'55" West, a distance of 25.89 feet;
THENCE leaving said west line, North 26°12'42" East, a distance of 32.92 feet;
THENCE South 87°46'34" East, a distance of 288.49 feet;
THENCE North 88°40'14" East, a distance of 134.44 feet, to the POINT OF BEGINNING.
Containing 19,932 square feet or 0.4576 acres, more or less.
Subject to existing right-of-ways and easements.
This parcel description was prepared without the benefit of survey fieldwork and is based on
client provided information. Any monumentation noted in this parcel description is based on said
information.
Y:\WP\Parcel Descriptions\2021\215248.80 Northern Ave Portion of APN 142-60-005N D24434 TCE L26R01 03-10-23.docx
03-10-23
Page 5 of 6

(BASIS OF BEARING)
NORTHERN AVENUE
99TH AVENUE
CITY OF GLENDALE
DOC 2006-0806968, MCR
APN 142-60-005N
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DOC 1989-0343960, MCR
APN 142-60-005M
NORTHEAST CORNER
SECTION 5, T2N, R1E
3" BRASS CAP IN
HANDHOLE
POC
EX 55'
RW
EX 40'
RW
S88°54'48"W 2625.89'
S00°03'16"W 2583.71'
106.20'
L1
POB
L2
L3
L4
L5
L6
L7
NORTH 1/4 CORNER
SECTION 5, T2N, R1E
3" BRASS CAP IN HANDHOLE
EAST 1/4 CORNER SECTION 5, T2N, R1E
1/2" REBAR WITH ALUMINUM CAP
LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
BEARING
S01°05'12"E
S40°15'22"E
S88°54'48"W
N00°00'55"W
N26°12'42"E
S87°46'34"E
N88°40'14"E
DISTANCE
146.63'
50.37'
469.84'
25.89'
32.92'
288.49'
134.44'
Z:\2021\215248\Survey\Legal\5248-L26R01.dwg
PORTION OF APN 142-60-005N
NOT TO SCALE
PAGE 2 OF 2
WP# 215248.80
REVISED 3/10/2023
TEMPORARY CONSTRUCTION EASEMENT
NORTHERN AVENUE
EXHIBIT "A"
R
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V
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D
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A
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48932
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EXPIRES 12-31-23
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A-2
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