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Page 1 of 10
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company
Pioneer Title Agency
Date
May 31, 2023
Address
7310 N. 16th St. Suite 250
Phone
(602) 328-8925
City, State Zip
Phoenix, AZ 85020
Fax
(855) 487-3551
Escrow Officer
Jennifer Siverio
Email
Jennifer.Siverio@ptaaz.com
Escrow No.
72501610-025-JS1
Grantors:
Charlie Borland and Suzanne Borland, husband and wife, as community property
with right of survivorship
Phone:
(480) 543-7474
Contact
Charlie and Suzanne Borland
Phone:
N/A
Mailing
Address:
21219 S. Lindsay Road
Email
CBORLAND250@YAHOO.CO
M
City, State Zip
Gilbert, Arizona 85298
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 Grantors, 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
assessments on individual assessor parcels within
Other Charges:
Maricopa County's partial acquisition, and any Certificate(s)
Release Fees
TBD
of Purchase. The current year's taxes shall not be prorated
Consent Fees
TBD
regardless of the closing date.
S.R.V.W.U.A
TBD
Taxes – Prorated
TBD
Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
TBD
Other Disbursements:
Sub Total
TBD
Land*
$54,648.00
11
Possession date:
Improvements*
$3,912.00
10
Close of Escrow:
TCE
$4,087.00
12
Date of recording:
Administrative Settlement
$5,838.00
11
Special Conditions Right of Way Contract
Yes
No
Exhibit "B"
Total Compensation
$68,485.00
14
Entry Agreement
Yes
No
Total Escrow & Title
Costs
TBD
Addendum attached hereto and made a
Yes
No
Total Purchase Price
TBD
part hereof
TOTAL WARRANT**
TBD
*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.:
304-72-021B
Item No
D24575
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 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 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:
Charlie Borland and Suzanne Borland,
husband and wife, as community property with
right of survivorship
MARICOPA COUNTY DEPARTMENT
MARICOPA COUNTY BOARD OF
OF TRANSPORTATION
SUPERVISORS
_________________________________
Charlie Borland
Date
Right of Way Supervisor
Chairman of the Board
_________________________________
Suzanne Borland
_________________________________
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
6/12/2023
6/12/2023
6/13/2023
6/13/2023
Page 3 of 10
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 304-72-021B
Project No.: TT0630
Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24575 (JR)
WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement
between the Grantors 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 Fifty-Four Thousand Six Hundred Forty-Eight and No/100 Dollars
($54,648.00) as payment in full for the real property described herein.
C. To pay the Grantors the sum of Three Thousand Nine Hundred Twelve and No/100 Dollars ($3,912.00) as
payment in full for the improvements located on the property described herein and broken out as follows:
3,360 Sq. Ft. of Grass
=$1,680.00
1,312 Sq. Ft. of decomposed granite at driveway
=$1,312.00
30 LF of vinyl fence
=$ 450.00
30 LF of railroad ties
=$ 270.00
1 driveway drain
=$ 200.00
Site Improvements Total
=$3,912.00
D. To pay the Grantors the sum of Four Thousand Eighty-Seven and No/100 Dollars ($4,087.00) as payment in
full for the Temporary Construction Easement on the property described herein.
E. To pay the Grantor the sum of Five Thousand Eight Hundred Thirty-Eight and No/100 Dollars ($5,838.00) 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 Grantors 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. The maintenance of the new Right of Way will be the responsibility of the Town of Gilbert.
I. With respect to the property during construction, contractors will give at least two days’ notice to the property
owners if there will be limited access to the driveway.
J. All efforts will be made to construct the driveway and turn around area to drain away from the main property.
Depicted in Exhibit "C"
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 Fifty-Four Thousand Six Hundred Forty-Eight and No/100 Dollars ($54,648.00) as
payment in full for the real property described herein.
3. To accept the sum of Three Thousand Nine Hundred Twelve and No/100 Dollars ($3,912.00) as payment in
full for the improvements located on the property described herein and broken out as follows:
3,360 Sq. Ft. of Grass
=$1,680.00
1,312 Sq. Ft. of decomposed granite at driveway
=$1,312.00
30 LF of vinyl fence
=$ 450.00
30 LF of railroad ties
=$ 270.00
1 driveway drain
=$ 200.00
Site Improvements Total
=$3,912.00
4. To accept the sum of Four Thousand Eighty-Seven and No/100 Dollars ($4,087.00) as payment in full for the
Temporary Construction Easement on the property described herein.
5. To accept the sum of Five Thousand Eight Hundred Thirty-Eight and No/100 Dollars ($5,838.00) as payment
in full for the negotiated Administrative Settlement.
Page 4 of 10
6. That the County, or its agents, is hereby granted the right to enter upon the remaining property of the Grantors for
the purpose of accomplishing “F” above.
7. To accept the maintenance of the new Right of Way by the Town of Gilbert.
8. To accept the two days’ notice given from the contractors during construction if there will be limited access to the
driveway.
9. To accept the driveway and turn around area depicted in Exhibit “C”.
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
RIGHT OF WAY
OVER A PORTION OF APN 304-72-021B
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, FROM WHICH THE
SOUTHWEST CORNER OF SAID SECTION 17, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS
EAST, A DISTANCE OF 2633.38 FEET;
THENCE UPON AND WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 205.65 FEET;
THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A
DISTANCE OF 33.00 FEET TO THE EAST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO 2009-0820153,
MARICOPA COUNTY RECORDS, ALSO BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, UPON AND WITH THE NORTHERLY LINE OF
SAID PARCEL, SOUTH 89 DEGREES 30 MINUTES 40 SECONDS EAST, A DISTANCE OF 32.00 FEET;
THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST,
A DISTANCE OF 155.26 FEET TO THE SOUTHERLY LINE OF SAID PARCEL;
THENCE UPON AND WITH SAID SOUTHERLY LINE, NORTH 89 DEGREES 28 MINUTES 12 SECONDS
WEST, A DISTANCE OF 32.00 FEET TO THE AFORESAID EAST RIGHT OF WAY LINE;
THENCE DEPARTING SAID SOUTHERLY LINE, UPON AND WITH SAID EAST RIGHT OF WAY LINE,
NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST, A DISTANCE OF 155.23 FEET TO THE POINT
OF BEGINNING AND CONTAINING A COMPUTED AREA OF 4,968 SQUARE FEET OR 0.114 ACRES OF
LAND, MORE OF LESS.
Page 5 of 10
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FD TOWN OF GILBERT BRASS CAP FLUSH
W 1 / 4 COR SECTION 17, T2S, R6E
POINT OF COMMENCEMENT
L2
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POINT OF
BEGINNING
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FD CITY OF CHANDLER BRASS CAP FLUSH
SW COR SECTION 17, T2S, R6E
E OCOTILLO RD
NTS
PARCEL AREA:
4,968 SF OR
0.114 ACRES
LINE
L1
L2
L3
L4
L5
L6
APN 304-72-021B
INSTR 2009-0820153
-
LINE DATA TABLE
BEARING
DISTANCE
soo·os· 19"E
205.65'
N89
°51'41"E
33.00'
ssg· 30' 40"E
32.00'
soo·os· 19"E
155.26'
N89
°28' 12"W
32.00'
Noo·os· 1 g"w
155.23'
EXHIBIT "A"
RIGHT OF WAY
APN 304-72-021 B
-
Page 6 of 10
EXHIBIT "A"
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
TEMPORARY CONSTRUCTION EASEMENT
OVER A PORTION OF APN 304-72-021B
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, FROM WHICH THE
SOUTHWEST CORNER OF SAID SECTION 17, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS
EAST, A DISTANCE OF 2633.38 FEET;
THENCE UPON AND WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 205.65 FEET;
THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A
DISTANCE OF 33.00 FEET TO THE EAST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO 2009-0820153,
MARICOPA COUNTY RECORDS;
THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, UPON AND WITH THE NORTHERLY LINE OF
SAID PARCEL, SOUTH 89 DEGREES 30 MINUTES 40 SECONDS EAST, A DISTANCE OF 32.00 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUING UPON AND WITH SAID NORTHERLY LINE, SOUTH 89 DEGREES 30 MINUTES
40 SECONDS EAST, A DISTANCE OF 20.00 FEET;
THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST,
A DISTANCE OF 54.54 FEET;
THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 29.04 FEET;
THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 15.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 40.00 FEET;
THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 44.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 32.26 FEET TO THE
SOUTHERLY LINE OF THE AFORESAID PARCEL;
Page 7 of 10
THENCE UPON AND WITH SAID SOUTHERLY LINE, NORTH 89 DEGREES 28 MINUTES 12 SECONDS
WEST, A DISTANCE OF 69.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST,
A DISTANCE OF 155.26 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA
OF 4,582 SQUARE FEET OR 0.105 ACRES OF LAND, MORE OF LESS.
EXHIBIT "A"
Page 8 of 10
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FD TOWN OF GILBERT BRASS CAP FLUSH
W 1 / 4 COR SECTION 17, T2S, R6E
POINT OF COMMENCEMENT
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FD CITY OF CHANDLER BRASS CAP,
FLUSH; SW COR SECTION 17, T2S, R6E
E OCOTILLO RD
LINE DATA TABLE
LINE
BEARING
DISTANCE
L1
soo·os· 19"E
205.65'
L2
N89
°51'41"E
33.00'
L3
ss9· 30• 40"E
32.00'
L10
ss9· 30' 40"E
20.00'
L 11
soo·os· 19"E
54.54'
L12
ss9·51 •41 "w
10.00'
L13
S0Q
°08' 19"E
29.04'
L14
N89
°51'41"E
15.00'
L15
soo·os· 19"E
40.00'
L16
N89
°51 '41 "E
44.00'
L17
soo·os· 19"E
32.26'
L18
N89
°28' 12"W
69.00'
L19
N0Q
°08' 19"W
155.26'
EXHIBIT "A"
Page 9 of 10
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T-ORE;ISTURBED
LANDSCAPING WITHIN TCE
SALVAGE FENCE TO OWNER
TRIM TREES AS REQUIRED
FOR CONSTRUCTION
___J I. 10' TCE
NEW 6' WALL
TRIM TREES AS REQUIRED
FOR CONSTRUCTION
CLEAR AREA FOR TRASH RECEPTICALS
25' TCE
1 "=20'
LEGEND:
EXTEND CONC DRIVEWAY • • • • STORM DRAIN --- WATER LINE
< STREET LIGHT
FOR SETTLEMENT
PURPOSES ONLY
BORLAND
2 1 2 1 9 S LINDSAY RD
304-72-021B
===WALL
R/W
TCE
5/22/23
RIGHT-OF-WAY
TEMPORARY CONSTRUCTION EASEMENT
gilbert
EXHIBIT "C"
Page 10 of 10