C. DD10891 - PURCHASE AGREEMENT.PDF

Maricopa County Department of Transportation
Dedication Purchase Agreement and Escrow Instructions
Title Company Commonwealth Land Title Company Date June 24, 2021
Address 2390 E Camelback Rd, Suite 230 Phone 602-287-3524
City, State, Zip Phoenix, AZ85016 Fax
Escrow Officer Becky Nisbet Email bnisbet@cltic.com
Escrow No. 21001330-040-BN1-A98
Grantor: Olive Charter LLC, an Arizona limited liability company Phone: | 480-529-1054
Contact: Richard Moss Cell:
Mailing Address: | 6913 E Rembrandt Ave, Suite 5 Email: tichard@schooldev.us
City, State, Zip Mesa, AZ 85212 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: | Maricopa County Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009
MARICOPA COUNTY shall pay directly to the Grantor, or deposit | Sub- Charges and Disbursements to be paid from Grantor's funds as follows
with the Title Company if escrowed, the purchase price plus all lawful | Object | (check all that apply):
costs incidental to closing as follows: Code
| !
Escrow Fees [_] Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees monetary liens and encumbrances, and leases of any kind.
Pay in full all due and delinquent real property taxes and
general and special improvement assessments. Prorate the
Total Escrow & Title Fees 0.00 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
Deed the lien of the current year's taxes in full.
Easement
Mortgage Release P<] Partial Acquisition of Grantor's Property: Partial release of all
Release of Lease monetary liens and encumbrances, and leases of any kind.
At the discretion of Maricopa County, pay due and delinquent
Total Recording Fees property taxes and general and special improvement
assessments, including full payment of taxes and
Other Charges: assessments on individual assessor parcels within the
Release Fees Maricopa County's partial acquisition, and any Certificate(s)
S.R.V.W.ULA. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
|
_
L] Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
[-] Other Disbursements: |
Sub Total 0.00
Land * $10.00 11 Possession date: Upon Signature
Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes KJ | No[ |
Exhibit B
Total Closing Costs*** 0.00 Entry Agreement Yes L] | Nok
Total Purchase Price $10.00 Addendum attached hereto and made a YesL] | Nok
TOTAL WARRANT** $10.00 part hereof
*Escrow and title policy fees based on this amount only.
**Sum of Total
5	1	70	1	2	4	407	2736	144	27	96.442207	Purchase
5	1	70	1	2	5	563	2736	97	27	96.276047	Price only.
#«* All Closing Costs to be paid by Seller.
Project: Olive Ave and 175th Ave — Olive Charter LLC PCN: | TT0008
Assessor Parcel No.: 502-08-001D Item No | DD-10891
Right of Way Agent: Kevin Spicer Telephone # | (602)506-4893
This Agreement is subject to cancelation pursuant to A.R.S. § 38-51

The GRANTOR, 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 to
conveyance
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; ptorate all agreed items; record such esctowed instruments as ate necessaty or propet in the issuance of title insurance; and pay the balance of
the escrowed funds to the patty or parties entitled thereto. It is further undetstood 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 Division 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 Esctow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Hither a of this
copy
request or a copy of a signed receipt is to be retained in the escrow file.
The ptoperty owner will pay the costs of the owner’s title insurance policy; fees associated with lender releases ot loan pay-offs, including endorsements,
document preparation, and other expenses related thereto; esctow fees and other charges by escrow companies incidental to the closing of escrow. In the
alternative, Maricopa County may, at its option, waive esctow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent
and title insurance herein are not applicable.
‘The property owner/applicant is responsible for all title and esctow cancellation fees if the closing/recording process is not completed.
If 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 Grantor 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 Grantor as full and complete compensation for the interest being acquired. If the
acquisition is a partial acquisition from a larger patcel, the consideration expressed hetein is likewise; 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.
If MARICOPA COUNTY is acquiring only a portion of Grantor’s property, then Grantor grants to MARICOPA COUNTY, its agents, employees and contractors, the right
to enter Grantor's temaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on adjacent County owned right of way, if
tequired| 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. It is further understood and agreed that this temporary right
will expire and terminate thirty (30) days after completion of the above referenced project.
LLC, an Arizona limited lability
al a RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
7, \./
By:
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
AN . —
Its: (VACA SQ CL YZ i OF TRANSPORTATION SUPERVISORS
: ‘
SIGNED TW PouNTERp yD T
By: vie Petia
Its:
Real Property Manager — Chairman of the Boatd
ATTEST:
Date
Approved as to form within the
and authority of the Board of
Sonera Clerk of the Board of Supervisors
ors
Tie
Accepted Date Ik CUUNTERPART
ESCROW
OFFICER
Deputy County Attorney Date Date
KGR Revised 4/11/2018

DocuSign Envelope ID: 01D635CD-D270-4923-8CF6-B2E833D505CA
The GRANTOR, having executed a conveyance of certain teal ptopetty tights to the GRANTEE as described in the Bxbfbie(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 and other
assessments,
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 esctowed funds in esctow account and disburse same by check; pay encumbrances in accordance with this
agreement; prorate all agreed items; record such escrowed instruments as are necessaty ot proper in the issuance of title insurance; and the balance of
pay
the escrowed funds to the party or parties entitled thereto, It is further understood and agreed that the Title Company shall not be for
responsible any
liens or encumbrances not of record at the closing of escrow.
The Right of Way Agent or MARICOPA COUNTY - Real Estate Division 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 Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor, Either a of this
copy
request or a copy of a signed receipt is to be retained in the escrow file.
‘The property owner 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.
‘The property ownet/applicant is responsible for all title and escrow cancellation fees if the closing/recording is not completed.
process
If this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and will be made
payment
direct from the Grantee to the Grantor 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 Grantor as full and complete compensation for the interest being If the
acquired,
acquisition is a partial acquisition from a larger parcel, the consideration expressed herein is likewise; 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.
If MARICOPA COUNTY is acquiring only a portion of Grantor’s propetty, then Grantor grants to MARICOPA COUNTY, its employees and the
agents, contractors, dght
to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on adjacent County owned right of if
required. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY ’s occupation of the Grantor's caused way,
property by
MARICOPA COUNTY’ 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. It is further understood and agreed that this
will expire and terminate thirty (30) days after completion of the above referenced project. temporary ight
LLC, an Arizona limited liability
on saa RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
OA
A ra
By:
alee Lag - MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
A
its: Wanaee' OF TRANSPORTATION SUPERVISORS
°
| STGNED TW COUNTERPART |
Kimberly, Romero
Its: {Le
erraaserronaate
Real Property Manager Chairman of the Board
7/6/2021
ATTEST:
Date
Approved as to form within the
powers and authority of the Board of
Clerk of the Board-ofS .
Supervisors
a.
Accepted Date ee lemad by TONED j q COUNTERPART
bus
ESCROW ped bed YpeOtede Hts;
OFLICER 79/2021
OBO7B2DSFACEASE
Deputy County Attorney Date Date
KGR Revised 4/11/2018

Exhibit “B”
RIGHT OF WAY AGREEMENT
Parcel No.: 502-08-001D
Project No.: TT0008— Olive Ave and 175" Ave
Item No.: DD10891(KLS) — B202102013,202102309
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 contract.
THE COUNTY OF MARICOPA AGREES:
A. To use the teal property desctibed in Exhibit A for the general welfare and benefit of the public.
B. To pay the Grantor the sum TEN and no/100 dollars ($10.00) as payment in full for the ptoperty described
herein.
C. That, if in the opinion of the Transportation Director it becomes necessaty, private structures will be
relocated in kind to the Grantor's ptopetty, clear of the property desctibed herein, at no expenise to the
County.
TTHE GRANTOR AGREES:
1. To grant a Warranty Deed for the real property described in Exhibit A to the County of Maricopa for the
genetal welfare and benefit of the public.
2. To accept the sum of TEN and no/100 dollars ($10.00) as payment in full for the property described herein.
3. ‘That acceptance of this property in no way obligates Maricopa County to construct ot maintain a roadway
within the Right of Way granted by this document.
4. To be responsible for maintenance of the dedicated right of way until such time if and when a roadway is
built, to minimum county standards, and the roadway is open and declared into the Maricopa County
Transportation System.

EXHIBIT A
LEGAL DESCRIPTION
ALA - OLIVE
RIGHT OF WAY DEDICATION BENEDICT J.
2 BAUTISTA
;
= ZONA, USP
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 NORTH; RANGE
2 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION BRASS
CAP IN HAND HOLE FOUND AT THE SOUTH QUARTER CORNER OF SAID SECTION 26, FROM
WHICH A HALF INCH PIPE WITH NO ID FOUND ON THE CENTER SECTION OF SAID SECTION
26 BEARS NORTH 00°26'15” EAST (BASIS OF BEARING), A DISTANCE OF 2634.93 FEET;
THENCE, NORTH 00°26’15” EAST, ALONG THE NORTH-SOUTH MID-SECTION LINE OF SAID
SECTION 26, A DISTANCE OF 74.76 FEET;
THENCE DEPARTING PERPENDICULAR TO SAID NORTH-SOUTH MID-SECTION LINE,
NORTH 89°26'15" WEST, A DISTANCE OF 35.00 FEET TO THE SOUTHEAST CORNER OF A
PARCEL DESCRIBED IN DOCUMENT 2021-0354247, MARICOPA COUNTY RECORDS (M.C.R.)
AND THE POINT OF BEGINNING;
THENCE NORTH 00°26'15” EAST, ALONG THE EAST BOUNDARY LINE OF SAID PARCEL, A
DISTANCE OF 340.01 FEET;
THENCE SOUTH 89°57'33” EAST, A DISTANCE OF 5.00 FEET;
THENCE NORTH 00°26'15” EAST, A DISTANCE OF 902.44 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL;
THENCE DEPARTING SAID EAST BOUNDARY LINE, NORTH 89°58’44” WEST, ALONG THE
NORTH BOUNDARY LINE OF SAID PARCEL, A DISTANCE OF 10.00 FEET;
THENCE DEPARTING SAID NORTH BOUNDARY LINE, SOUTH 00°26’15” WEST, A DISTANCE
OF 1212.66 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 30.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE 89°36'12”,
AN ARC LENGTH OF 46.92 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF SAID
PARCEL;
THENCE SOUTH 89°57'33” EAST, ALONG SAID SOUTH BOUNDARY LINE, A DISTANCE OF
34.79 FEET TO THE POINT OF BEGINNING.
SAID RIGHT OF WAY CONTAINS 10,915 SQUARE FEET OR 0.25 ACRES, MORE OR LESS.
Benchmark Surveying & Consulting ° 2738 E Guadalupe Rd. Ste 1 ° Gilbert AZ 85234

EXHIBIT
Job No:
ROW DEDICATION 2020-37
CENTER SEC
SEC, 26
T.SN., R.2W,
FD 1/2" LP.
_N89°58'44°W
10.00"
A
TI
N.T.S,
PROPOSED 40'__|
=
RIGHT OF WAY
| -$026'15%W
902.44"
/
(ll
APN: 502-08-001D 8, Bo 2
OLIVE CHARTER LLC | Be Wi
DOC NO 2021-0354247 M.C.R. =) bNig =
? all
[x2 &
2
PROPOSED 40”
RIGHT OF wt
| N89°57'33"W
5.00"
WWW.AZBENCHMARK.COM A=89°36'12”
|
N\ noze's"e
340.01’
|
\_$89°33"45"E
$89°57'33"E
35.00’ -
W. OLIVE AVENUE 34,79"
POS,
S 1/4 COR
SEC 26 T3N, R2W
FD MCDOT BCHH
Prepared By: BUB Dates 4-19-21 Checked By: BRJ Sheet No: 1 Of 1