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Page 1 of 10
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company
Pioneer Title Agency
Date
April 19, 2023
Address
7310 N. 16th St., Suite 250
Phone
(602) 328-8925
City
Phoenix, AZ 85020
Fax
(855) 487-3551
Escrow Officer
Jennifer Siverio
Email
Jennifer.Siverio@ptaaz.com
Escrow No.
72501614-025-JS1
Grantors:
Thomas Davis and Tyler Davis, husband and wife as community property with right
of survivorship
Phone:
(480) 703-8050
Contact
Thomas Davis and Tyler Davis
Phone:
(602) 921-7569
Mailing
Address:
310 Old Farm Road
Email
Tomdavis4468@gmail.com
Fayetteville, GA 30215
Fax:
N/A
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
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
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
Other Disbursements:
Sub Total
TBD
Land*
$40,121.00
11
Improvements*
$12,601.00
10
Possession date:
TCE
$3,083.00
12
Close of escrow:
Administrative Settlement
$44,195.00
11
Date of recording:
Special Conditions Right of Way Contract
Yes
No
Total Compensation
$100,000.00
14
Exhibit "B"
Total Escrow & Title Costs
TBD
Entry Agreement
Yes
No
Total Purchase Price
TBD
Addendum attached hereto and made a
Yes
No
TOTAL WARRANT**
TBD
part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
*** P.O.C Paid outside of closing
Project:
Lindsay Road from Spur Road to Layton Lakes
PCN:
TT0630
Assessor Parcel No.:
304-73-971
Item No
D24570
Right of Way Agent:
Jordan Ortiz
Telephone #
(602) 675-4191
Page 2 of 10
The GRANTORS, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) 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 Grantor’s 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 Grantor. 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 Grantor’s 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 shall be responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the Grantor's 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.
GRANTORS:
RECOMMENDED FOR APPROVAL:
ACCEPTED AND APPROVED:
Thomas Davis and Tyler Davis, husband and
wife as community property with right of
survivorship
MARICOPA COUNTY DEPARTMENT
MARICOPA COUNTY BOARD OF
OF TRANSPORTATION
SUPERVISORS
_________________________________
Thomas Davis
Date
Right of Way Supervisor
Chairman of the Board
_________________________________
Tyler Davis
_________________________________
ATTEST:
Date
Date
Approved as to form within the
powers and authority of the Board of
Supervisors
Clerk of the Board of Supervisors
_______________________________
Deputy County Attorney Date
Date
5/23/2023
5/23/2023
5/23/2023
5/24/2023
Page 3 of 10
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 304-73-971
Project No.: TT0630
Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24570 (JR)
WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement
between the Grantor and Maricopa County. No further consideration is being paid than described in this agreement.
THE COUNTY OF MARICOPA AGREES:
A. To use the real property described herein for the general welfare and benefit of the public.
B. To pay the Grantors the sum of Forty Thousand One Hundred Twenty-One and No/100 DOLLARS
($40,121.00) as payment in full for the real property described herein.
C. To pay the Grantors the sum of Twelve Thousand Six Hundred One and No/100 Dollars ($12,601.00) as
payment in full for the improvements located on the property described herein and broken out as follows:
25 LF of wire mesh fence
=$ 100.00
16 LF of pipe fence
=$ 128.00
2 large trees
=$ 4,000.00
5 medium trees
=$ 5,000.00
4 small trees
=$ 2,000.00
3 large shrubs
=$ 825.00
5 small shrubs and cacti
=$ 175.00
300 SF of ABC at driveway
=$ 210.00
1,625 SF of pasture grass
=$ 163.00
Site Improvements Total
=$12,601.00
D. To pay the Grantors the sum of Three Thousand Eighty-Three and No/100 Dollars ($3,083.00) as payment in
full for the Temporary Construction Easement on the property described herein. The GRANTEE shall be
permitted to extend the term of this TCE by notifying the GRANTOR in writing and issuing a payment for the
additional consideration in the amount of $256.92 directly to the GRANTOR for each additional month or part
thereof for the required extension not to exceed a total of 18 months from the start of the TCE.
E. To pay the Grantor the sum of Forty-Four Thousand One Hundred Ninety-Five and No/100 Dollars
($44,195.00) as payment in full for the negotiated Administrative Settlement.
F. That, if in the opinion of the Transportation Director it becomes necessary, private structures will be relocated in
kind to the Grantor’s property, clear of the property described herein, at no expense to the Grantor except as may
be herein otherwise agreed.
G. With respect to the development/redevelopment of the property prior to construction of project TT0630, 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.
H. With respect to the property during construction, Contractors shall install temporary fencing prior to removing
existing fencing and shall maintain a secured perimeter only throughout the duration of construction. The
temporary fencing will be replaced by the project with a new 6-foot block wall.
I. With respect to the irrigation of the property, it will not be disturbed throughout the duration of construction.
J. With respect to the flagstone monument sign, all efforts will be made to relocate sign by the Contractors and
placed where the owner would like to secure it on their property.
THE GRANTORS AGREE:
1. To grant a Warranty Deed for the real property described in Exhibit "A" to the County of Maricopa for the general
welfare and benefit of the public.
2. To accept the sum of Forty Thousand One Hundred Twenty-One and No/100 DOLLARS ($40,121.00) as
payment in full for the real property described herein.
Page 4 of 10
3. To accept the sum of Twelve Thousand Six Hundred One and No/100 Dollars ($12,601.00) as payment in full
for the improvements located on the property described herein and broken out as follows:
25 LF of wire mesh fence
=$ 100.00
16 LF of pipe fence
=$ 128.00
2 large trees
=$ 4,000.00
5 medium trees
=$ 5,000.00
4 small trees
=$ 2,000.00
3 large shrubs
=$ 825.00
5 small shrubs and cacti
=$ 175.00
300 SF of ABC at driveway
=$ 210.00
1,625 SF of pasture grass
=$ 163.00
Site Improvements Total
=$12,601.00
4. To accept the sum of Three Thousand Eighty-Three and No/100 Dollars ($3,083.00) as payment in full for the
Temporary Construction Easement on the property described herein. To accept the payment for the additional
consideration in the amount of $256.92 directly from County of Maricopa for each additional month or part
thereof for the required extension not to exceed a total of 18 months from the start of the TCE.
5. To accept the sum of Forty-Four Thousand One Hundred Ninety-Five and No/100 Dollars ($44,195.00) as
payment in full for the negotiated Administrative Settlement.
6. That the County, or its agents, is hereby granted the right to enter upon the remaining property of the Grantor for
the purpose of accomplishing “E” above.
7. To accept the temporary fencing during the duration of construction.
8. With respect to the irrigation of the property, it will not be disturbed throughout the duration of construction.
9. To accept the Contractors best efforts to relocate the flagstone monument sign and placed securely on the
property.
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
RIGHT OF WAY
OVER A PORTION OF APN 304-73-971
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 18, FROM WHICH THE
SOUTHEAST CORNER OF SAID SECTION 18, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS
EAST, A DISTANCE OF 2633.38 FEET;
THENCE UPON AND WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 659.04 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A
DISTANCE OF 40.00 FEET TO THE WEST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING A
POINT ON THE NORTHERLY LINE OF THE CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO
2016-0595101, MARICOPA COUNTY RECORDS, ALSO BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID NORTHERLY LINE, UPON AND WITH SAID WEST RIGHT OF WAY LINE,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 164.59 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID PARCEL;
THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, UPON AND WITH SAID SOUTHERLY LINE,
SOUTH 88 DEGREES 50 MINUTES 54 SECONDS WEST, A DISTANCE OF 25.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST,
A DISTANCE OF 164.60 FEET TO THE AFORESAID NORTHERLY LINE;
THENCE UPON AND WITH SAID NORTHERLY LINE, NORTH 88 DEGREES 51 MINUTES 35 SECONDS
EAST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED
AREA OF 4,115 SQUARE FEET OR 0.094 ACRES OF LAND, MORE OF LESS.
Page 5 of 10
FD TOWN OF GILBERT BRASS CAP FLUSH
E 1 / 4 COR SECTION 18, T2S, R6E
-v
POINT OF COMMENCEMENT
0
L5
I --L1-co
25'
R/W
15'
POINT OF
BEGINNING
EXST IRR ESMT
DKT 9458, PG 938
<X)
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..,.; Cl
APN 304-73-971
INSTR 2016-0595101
1"1- ,v
co C:::LL..
Ni:5
40'
J-i-1 rn J
NTS
PARCEL AREA:
4,115 SF OR
0.094 ACRES
--------¥-f
---O,
EXST R/W & PUE
::- 0o
DKT 9523, PG 253
K cnz
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15'
L rn
EXST WATER/SEWER ESMT
DKT 9459, PG 341
L3
FD Cl1Y OF CHANDLER BRASS CAP FLUSH
SE COR SECTION 18, T2S, R6E
LINE
L1
L2
L3
L4
L5
E OCOTILLO RD
LINE DATA TABLE
BEARING
DISTANCE
S89"51'41"W
40.00'
soo·o8' 19"E
164.59'
S88"50'54"W
25.00'
N00"08' 19"W
164.60'
N88"51 '35"E
25.00'
EXHIBIT "A"
RIGHT OF WAY
Page 6 of 10
EXHIBIT "A"
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
TEMPORARY CONSTRUCTION EASEMENT
OVER A PORTION OF APN 304-73-971
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 18, FROM WHICH THE
SOUTHEAST CORNER OF SAID SECTION 18, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS
EAST, A DISTANCE OF 2633.38 FEET;
THENCE UPON AND WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 659.04 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A
DISTANCE OF 40.00 FEET TO THE WEST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING A
POINT ON THE NORTHERLY LINE OF THE CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO
2016-0595101, MARICOPA COUNTY RECORDS;
THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, UPON AND WITH SAID NORTHERLY LINE,
SOUTH 88 DEGREES 51 MINUTES 35 SECONDS WEST, A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING;
THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST,
A DISTANCE OF 164.60 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL;
THENCE UPON AND WITH SAID SOUTHERLY LINE, SOUTH 88 DEGREES 50 MINUTES 54 SECONDS
WEST, A DISTANCE OF 15.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST,
A DISTANCE OF 125.97 FEET;
THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 18.00 FEET;
THENCE NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST, A DISTANCE OF 38.32 FEET TO THE
AFORESAID NORTHERLY LINE;
THENCE UPON AND WITH SAID NORTHERLY
LINE, NORTH 88 DEGREES 51 MINUTES 35
SECONDS EAST, A DISTANCE OF 33.01 FEET TO
THE POINT OF BEGINNING AND CONTAINING A
COMPUTED AREA OF 3,162 SQUARE FEET OR
0.073 ACRES OF LAND, MORE OF LESS.
Page 7 of 10
"
<O
0
THIS IS NOT
A PROPERTY
BOUNDARY
SURVEY.
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FD TOWN OF GILBERT BRASS CAP FLUSH
E 1 / 4 COR SECTION 18, T2S, R6E
POINT OF COMMENCEMENT
POINT OF
BEGINNING
33'
TCE H
15'
EXST IRR ESMT
DKT 9458, PG 938
EXST WATER/SEWER ESMT
LB
D KT 9 45 9 . PG _3__ 4 1 _ ----t----1--1
L4
FD CITY OF CHANDLER BRASS CAP FLUSH
SE COR SECTION 18, T2S, R6E
E OCOTILLO RD
LINE DATA TABLE
LINE DATA TABLE
LINE
BEARING
DISTANCE
LINE
BEARING
DISTANCE
L1
S89
° 51 '41 "w
40.00'
L5
NOQ
°08' 19"W
125.97'
L2
S88
°51 '35"w
25.00'
L6
S89
°51'41"w
18.00'
L3
SOQ
°08'19"E
1 64.60'
L7
Noo·o8'1 g"w
38.32'
L4
S88
°50'54"W
15.00'
L8
N88
°51 '35"E
33.01'
Page 8 of 10
EXHIBIT "A"
ST1140 Lindsay Road Street Section
ST1140 Lindsay Road Street Section
NOVEMBER, 2021
NOVEMBER, 2021
6.5’
11’
6’
Right-of-Way
Sidewalk
Drive Lane
Planting
Strip
Planting
Strip
Bike
Lane to
B/C
S LINDSAY ROAD TYPICAL SECTION
VIEW LOOKING NORTH
11’
Drive Lane
12’
Two-Way Turn Lane
11’
Drive Lane
11’
Drive Lane
6.5’
Bike
Lane to
B/C
Planting
Strip
6’
Sidewalk
Planting
Strip
Privacy Walls
Privacy Walls
5’
22.5’
19.5’
5’
125’
PUE
8’
EXHIBIT "A"
Page 9 of 10
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,o '
• •
EXHIBIT "A"
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