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MARICOPA AUNTY RECORDER
HELEN PURC
Chandler City Attorney’s Office
04 13:24
P.O. Box 4008, Mail Stop 602 2004-0867268 or 28iC ‘
Chandler, Arizona 85244-4008 HENSLEYE
CAPTION HEADING: CITY OF CHANDLER vs. COPPERSTATE WEST, et al
CV2003-022696
DO NOT REMOVE
This is part of the official document.
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20040867268
Glenn A. Brockman (#004821) P2309) Roc
James R. Cairns II] (#010177) MICHAEL K JEANES Moo
CHANDLER CITY ATTORNEY'S OFFICE By » Clark
P.O. Box 4008, MS 602 ,
Chandler, Arizona 85244-4008 Deputy
(480) 782-4640 |
CERTIFIED COPY
Attorneys for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA
CITY OF CHANDLER, an Arizona municipal
corporation,
Cause No.: CV2003-022696
Plaintiff,
YS.
FINAL ORDER IN CONDEMNATION
COPPERSTATE WEST, INC., a defunct
corporation; ALL OF THE SHAREHOLDERS
OF COPPERSTATE WEST, INC., a defunct
corporation; THE OFFICERS OF
COPPERSTATE WEST, INC., a defunct
corporation; E H INVESTMENTS 2001 LLC;
WILLIAM JAMES CULLUMBER a/k/a James
Cullumber; ADONNA L. CULLUMBER,
spouse of William James Cullumber, EUGENE
HICKEY; JAN HICKEY, spouse of Eugene
Hickey; MICHAEL HICKEY; SANDRA
HICKEY, spouse of Michael Hickey;
MARICOPA COUNTY; JOHN DOES I-X;
JANE DOES I-X; ABC COMPANIES I-X;
UNKNOWN OWNERS; UNKNOWN HEIRS,
SUCCESSORS AND DEVISEES OF ANY OF
THE ABOVE-NAMED DEFENDANTS, IF
DECEASED,
Defendant
a ee ee ee ee ee ee ee ae a ee ee ee Ne Ne Nene Se?
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20040867268
In this cause, Judgment in Condemnation was entered on June 22, 2004 and an executed
Acknowledgement of Receipt and Satisfaction of Judgment in Condemnation form has been filed
to evidence to the Court that Plaintiff's obligation under the Judgment in Condemnation has been
fully satisfied;
NOW, THEREFORE, IT IS ORDERED, that Plaintiff, CITY OF CHANDLER, have,
and it is hereby granted, a final order and decree in condemnation in connection with the
Judgment in Condemnation entered on June 22, 2004, and that title in fee simple to the real
property described in attached Exhibits “A” and “B”; together with a temporary drainage
easement in, on, over, under, across and through the real property described in attached Exhibits
“C” and “D”, with use limited by the terms stated in attached Exhibit “E”, together with
improvements thereon, if any; and all right, title and interest therein belonging to any defendant
in this action, be and the same is hereby condemned for the public purpose of constructing,
maintaining and operating a roadway for public use within the City of Chandler, Arizona. Upon
recording a copy of this Final Order in Condemnation with the County Recorder of Maricopa
County, title in fee simple to the real property described in attached Exhibits “A” and “B”;
together with the temporary drainage easement in, on, over, under, across and through that real
property described in attached Exhibits “C” and “D”, with use limited by the terms stated in
attached Exhibit “E”, together with the improvements thereon, if any, shall vest in Plaintiff,
CITY OF CHANDLER, an Arizona municipal corporation.
qual
DONE IN OPEN COURT this ay of Ju a , 2004.
Clu shen
HONORABLE THOMAS DUNEVANT III
Judge of The Superior Court
The foregoing instrument is a full, true and correct copy
of the original document.
Attest hy, 23 fi, 25 OF
MICHAEL K. JEANES,/Clerk of the Superior Court of
2 State of Arizona, in and for the County of Maricopa.
a oan
20040867268
LEGAL DESCRIPTION
FOR
RIGHT-OF-WAY
EAST SIDE OF APN 303-28-252B
That portion of the Northeast quarter of Section 3, Township 2 South, Range 5 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows; "
Commencing at the Northeast corner of said Section 3, said corner being monumented with a
brass cap in hand hole; thence S. 00° 27’ 32” E. along the East line of said Northeast quarter a
distance of 114.00 feet; thence S. 89° 44’ 01” W. parallel with and 114.00 feet South of the
North line of said Northeast quarter a distance of 40.00 feet to the TRUE POINT OF
BEGINNING; thence S. 00° 27’ 32” E. parallel with and 40.00 feet West of said East line a
distance of 351.00 feet; thence S. 89° 44’ 01” W. parallel with and 465.00 feet South of said
North line a distance of 25.00 feet; thence N. 00° 27’ 32” W. parallel with and 65.00 feet West of
said East line a distance of 190.00 feet; thence S. 89° 44'01” W. parallel with and 275.00 feet
South of said North line a distance of 14.00; thence N. 00° 27' 32” W. parallel with and 79.00 \
feet West of said East line a distance of 161.00 feet; thence N. 89° 44’ 01” E. parallel with and
114.00 feet South of said North line a distance of 39.00 feet to the TRUE POINT OF
BEGINNING.
Containing 11,029.1 square feet, more or less.
‘Exhibit “A”
~ EXHIBIT 4-1
20040867268
N89° 44'07E
/39.00
S0° 27'52"E
7):
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S89° 44 orn /
74.00
MCQUEEN
190.00
NO® 27'32"'W
WIAA
CONSULTING
S89° 44'OT"'W LAND
SURVEYORS
37617 N. CAVE CREEK RD.
CAVE CREEK, AZ 852337
PHONE (480) 990-0545
FAX (480) 994-9097
JOB NO.: 020506
EXHIBIT A-)
20040867268
LEGAL DESCRIPTION
FOR
RIGHT-OF-WAY
APN 303-28-252B
That portion of the Northeast quarter of Section 3, Township 2 South, Range 5 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows; ;
Commencing at the Northeast corner of said Section 3, said corner being monumented with a
brass cap in hand hole; thence S. 89° 44' 01” W. along the North line of said Section 3, a
distance of 136.00 feet; thence S. 00° 27’ 32” E. parallel with and 136.00 feet West of the East
line of said Section 3 a distance of 33.00 feet to the TRUE POINT OF BEGINNING; thence
continuing S. 00° 27’ 32” E. a distance of 32.00 feet; thence S. 89° 44’ 01” W. parallel with and
65.00 feet South of said North line a distance of 329.00 feet to a point on the East line of Lot 49,
RANCHOS-DE-CHANDLER UNIT 2, recorded in Book 190 of Maps, Page 32, records of said
County; thence N. 00° 27’ 32” W. along last said East line a distance of 32.00 feet; thence
N. 89° 44’ 01" E. parallel with and 33.00 feet South of said North line a distance of 329.00 feet
to the TRUE POINT OF BEGINNING,
Containing 10,528 square feet, more or less.
‘Exhibit “A”
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20040867268
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N89° 44'07NE 529.00
$89° 44'01" 329.00
EXHIBIT 2:
|
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APN 303-28-26528
CONSULTING
LAND
SURVEYORS
37617 N. CAVE CREEK RO.
CAVE CREEK, AZ 85331
PHONE (480) 990-0545
FAX (480) 994-9097
JOB NO.: 020506
20040867268
LEGAL DESCRIPTION
ad i
That portion of the Northeast quarter of Section 3, Township 2 South, Range 5 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows;
Commencing at the Northeast corner of said Section 3, said corner being monumented with a
brass cap in hand hole; thence S. 00° 27’ 32” E. along the East line of said Northeast quarter a
distance of 114.00 feet; thence S. 89° 44’ 01” W. parallel with and 114.00 feet South of the
North line of said Northeast quarter a distance of 79.00 feet to the TRUE POINT OF
BEGINNING; thence S. 00° 27’ 32” F. parallel with and 79.00 feet West of said East line a
distance of 161.00 feet; thence N. 89° 44’ 01” E. parallel with and 275.00 Jeet South of said
North line a distance of 14.00 Jeet; thence S. 00° 27’ 32” B. parallel with and 65.00 feet West of
said East line a distance of 85.00 Jeet; thence S. 89° 44’ 01" W. parallel with and 360.00 feet
South of said North line a distance of 102.00 feet; thence N. 00° 27° 32” W. parallel with and
167.00 feet West of said East line a distance of 246.00 feet; thence N. 89° 44' 01" E. parallel
with and 114.00 feet South of said North line a distance of 88.00 feet to the TRUE POINT OF
BEGINNING.
Containing 22,838.0 square Jeet, more or less.
Exhibit “B”
EXHIBIT (-/_
20040867268
N89° 44'01"E
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102.00
S89° 44'01'W
CONSULTING
LAND
SURVEYORS
37617 N. CAVE CREEK RO.
CAVE CREEK, AZ 85337
PHONE (480) 990-6545
FAX (480) 994-9097
JOB NO.:
EXHIBITC-2
20040867268
LEGAL DESCRIPTION
That portion of the Northeast quarter of Section 3, Township 2 South, Range 5 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows;
Commencing at the Northeast corner of said Section 3, said corner being monumented with a
brass cap in hand hole; thence S. 89° 44’ 01” W. along the North line of said Section 3, a
distance of 465.00 feet; thence S. 00° 27’ 32” E. parallel with the East line of said Section 3 a
distance of 65.00 feet to the TRUE POINT OF BEGINNING; thence N. 89° 44° 01” E. parallel
with and 65.00 feet South of said North line a distance of 164.00 feet; thence S. 00° 27° 32” E.
a distance of 66.00 feet; thence S. 89° 44’ 01” W. parallel with and 131.00 feet South of said
North line a distance of 164.00 feet to a point on the East line of Lot 49, RANCHOS-DE-
CHANDLER UNIT 2, recorded in Book 190 of Maps, Page 32, records of said County; thence
N. 00° 27’ 32” W. along said East line a distance of 66.00 feet to the TRUE POINT OF
BEGINNING.
Containing 10,824 square feet, more or less.
Exhibit “B”
EXHIBIT D- |
20040867268
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EXHIBIT
20040867268
Exhibit “E”
Drainage Easement - Terms and Conditions
Plaintiff City of Chandler, its agents, employees, contractors, and permittees, and its and
their respective successors and assigns (“Grantee”), shall have an easement in, on, over,
under, across, and through that certain real property described in Exhibits “C” and “D”
attached to this Final Order in Condemnation (the “Easement Property’’), to construct,
maintain, repair and operate a storm water drainage and retention basin.
This easement is subject to the following conditions and limitations:
1. This easement is subject to all easements and encumbrances of record,
other than those extinguished through this condemnation action, and is non-exclusive,
provided that later granted easements shall be subject to Grantee’s rights and uses.
2. There is reserved to the record owner of the Easement Property, and the
owner’s successors and assigns (“Grantor”), all such rights and privileges in the land as
may be used without interfering with or abridging the rights and easements hereby
acquired; subject, however, to existing easements for public rights-of-way and public
utilities.
3. In the event Grantee records a document to formally abandon this
easement, all of Grantee’s rights hereunder shall cease, except the right to remove any
and all property placed upon the Easement Property within a reasonable time subsequent
to such abandonment.
4. Nothing herein requires that a fully landscaped storm water retention basin
be constructed by Grantee, and it is acknowledged that Grantee intends to install a
temporary retention basin, not fully landscaped and improved.
5. At the time of development of the larger parcel upon which this easement
is situated and of which the Easement Property is a part, this easement may be relocated
in conformance with the development plans for the larger parcel with approval of the City
Engineer of the City of Chandler, Arizona.
6. The terms and conditions herein set forth run with the land and shall
extend and inure in favor and to the benefit of and shall be binding on the heirs,
administrators, executors, personal representatives, legal representatives, successors
(including successors in ownership and estate), assigns, lessees and permittees of Grantor
and Grantee.