Non-Exclusive Easement for below-Grade Bldg Footings - West Side

City of Chandler — Study Session (2025-09-15)

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When recorded, mail to:
City Clerk
City of Chandler
Mail Stop 606
P.O. Box 4008
Chandler, AZ 85244-4008
APN # 303-10-109
Section 34, Township 1 South, Range 5 East
This document is exempt from Affidavit and Fee requirements pursuant to A.R.S.
§11-1134.A.2.
NON-EXCLUSIVE EASEMENT FOR
BELOW-GRADE BUILDING FOOTINGS
For and in consideration of the sum of Ten and no/100 dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged,
THE CITY OF CHANDLER, an Arizona municipal corporation
AVENUE, LLC, an Arizona
("Grantor"), hereby grants and conveys unto S ARIZONA
limited liability company ("Grantee"), a non-exclusive easement for construction of
below-grade building footings ("Footings") with the right of ingress and egress for the
purpose of installation and maintenance of the Footings as deemed necessary or
appropriate by the Grantee under the Grantor's real property situated in Maricopa
County, Arizona and described in Exhibit A (Legal Description) and depicted in Exhibit
B (Drawing) attached hereto and made a part hereof (the "Property"). This easement does
not permit Grantee to place any permanent facilities or materials on or above the surface
of the Property where they are visible to pedestrians. Grantee must return the surface of
the Property to its original condition upon completion of any construction or maintenance
of Footings, excepting any pre-existing wear, deterioration, or conditions unrelated to
Grantee's activities. Grantee may document pre-work conditions by photographs or video
for reference. This obligation includes a full restoration of any hardscape, paving, or
landscaping, including sidewalks, pavers, plants, rocks, utilities, or other materials that
are present on the Property before Grantee performs work to install or maintain the
Footings. Grantor retains the right to use the Property for any purposes that will not
interfere with Footings constructed by Grantee pursuant to this non-exclusive easement.
Grantor shall not construct, excavate, or otherwise alter the Easement Area in a manner
that would impair the structural integrity or accessibility of the Footings without the prior
written consent of the Grantee.
This easement is solely for the purpose of construction and future maintenance of the
Footings described herein to provide structural support for the walls of the building
present on Grantee's property at the time this easement is granted. If Grantee's property
is redeveloped such that the building's walls are demolished, this easement will cease
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unless otherwise agreed in writing by the parties, and Grantee must remove any Footings
present within the Grantor's Property, and any new footings required for said
redevelopment or other improvements made on Grantee's property will be contained
within the Grantee's property. Grantor will have the right, at such time, to record an
instrument to provide notice of termination of this easement. This Easement shall run
with the land and shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
Dated this
day of
2025
GRANTOR: The City of Chandler, an Arizona municipal
corporation
By:
STATE OF ARIZONA
) ss
County of Maricopa
Its:
for
The foregoing EASEMENT was personally acknowledged before me this day of
, 2025 by
as
City of Chandler, who executed the foregoing instrument for the purposes therein
contained.
Notary Public
My Commission Expires:
Attest:
By:
Its:
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EXHIBIТ "А"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF
ARIZONA AND IS DESCRIBED AS FOLLOWS:
Beginning at the southwest corner of Lot 487, TOWNSITE OF CHANDER, according to Book 5 of
Maps, page 34, records ofMaricopa County, Arizona.
Thence north along the west lot lines of said Lot 487 and Lot 485, TOWNSITE OF CHANDLER,
according to Book 5 ofMaps, page 34, records ofMaricopa County, Arizona, a distance of 100.0
feet to the northwest corner of said Lot 485;
Thence west along a line that is the elongation of the north line of said Lot 485 a distance of 1.42
feet to a point;
Thence south along a line parallel to and 1.42 feet west of the west line of said Lots 485 and 487 a
distance of 100.0 feet to a point;
Thence east a distance of 1.42 feet to the southwest corner ofsaid Lot 487 also being the Point of
Beginning.
Containing an area of 144.47 square feet or 0.003 acres more or less.
Note: The legaldescription above is based on county and municipaldocuments. It is not based on
a boundary survey ofthe subject parcel.
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EXHIBIT "В"
Depiction of Easement Area
CERL
303-10-059
303-10-062
303-10:064
303-10-109
TAP AND TACO FOOTING EASEMENT
WEST SIDE OF BUILDING
CHANDLER
ona
arizona
FOOTING EASEMENT WEST SIDE OF BUILDING
Exhibit В
Depiction of Easement Area
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