E. D23756 - PURCHASE AGREEMENT.PDF

DocuSign Envelope ID: 988EBC5D6-1352-4EAF-81AC-DC280CCF3FE8
PRG OD
ARESONA Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Security Title Agency Date June 17, 2021
Address 4722 North 24th Street, Suite 200 Phone 602-230-6297
City Phoenix, Arizona 85016 Fax
Escrow Officer Jason Bryant Email jbryant@securitytitle.com
Escrow No. 15200914-015-JB6-SW
Grantor: Cherry Properties, L.L.C., an Arizona limited liability company Phone:
Contact Katy L. Wills, CP BS Phone: | 480-336-8590
Mailing Address: {| 7501 East McCormick Parkway Email kwills@foreverliviag,com
City, State Zip Scottsdale, Arizona 85258 Fax:
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 dicectly to the Grantor, or Sub- Charges and Disbursements to be paid from Grantor's funds as follows
deposit with the Title Company if escrowed, the purchase price Object | (check all that apply):
plus all lawful costs incidental to closing as follows: Code
;
Escrow Fees TBD [1] otal 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 ia full all due and delinquent real property taxes and
‘Title Report Credit general and special improvement assessments. Prorate the
Total Escrow & Title Fees current yeat's real property taxes on closings that occur on or
after the 3rd Monday of August each year. E-sccow 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 | |
[x] 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 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 Cextificate(s)
Consent Fees of Purchase. The curcent year's taxes shall not be prorated
S.R.V.W.U.A. segardless of the closing date.
Taxes ~Prorated |
DX} Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
[_] Other Disbursements: |
Sub Total
Land* $9,821.00 11
Temporary Construction i
Easement $500.00 Possession date:
10 Close of escrow:
10 Date of recording:
12,
Special Conditions Right of Way Contract Yes K] | No]
$10,321.00
Total Compensation {counded) Exhibit B
Total Escrow & Title Costs TBD 14 Entry Agreement Yes["] | No[X
Total Purchase Price $10,321.00 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
5	1	77	1	51	4	516	2739	116	35	95.752213	Closing
5	1	77	1	51	5	642	2739	98	26	88.112106	Costs and Total
5	1	77	1	51	8	928	2739	140	26	96.521866	Purchase
5	1	77	1	51	9	1077	2738	95	27	87.637909	Price only,
#4 P,O.C Paid outside of closing
Project: MC85 at Verrado Way PCN: | TT0572
Assessor Parcel No.: 504-44-038D Item No | D23756
Right of Way Agent: Jennifer Rodriguez Telephone # | 602-506-4897
Page I of 8

DocuSign Envelope ID: 988EBC5D6-1352-4EAF-81AC-DC280CCF3FE8
The GRANTOR, having executed a conveyance of certain real property sights to the GRANTEE as desccibed in the Hxhibit(s) attached heeeto and made
a part hereof, and having delivered same to the above Title Company as Esctow 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, leaschold 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. Itis further understood and ageeed 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 oc 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 Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either « copy of this request or a copy of a
signed receipt is to be retained in the escrow file.
Masicopn 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 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
any
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 acquiced. 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 improvernents 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 teem 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.RS. § 38-511.
It is fucther 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.
GRANTOR: Cherry Properties, L.L.C., an RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Arizona limited liability company
r te ft MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
— OF TRANSPQRIATION SUPERVISORS
aN S—— BEESASSFF2B6416...
ITs: MANRAAL] MEV BAe (BWINGOE Real Property Manager Chairman of the Board
Ly T
7/11/2021
ATTEST:
Date “J {OL [701 Date
Approved as to form within the
powers and authority of the Board of
Clerk of the Board of Supervisors
SUPSEVISORS oy:
Accepted | —_——— | pate ut YBrude 1912/2021
ESCROW OFFICER Ne
Deputy County Attorney _ Date Date
RES/KGR Revised 2/3/2017
Page 2 of 8

DocuSign Envelope ID: 98EBC5D6-1352-4EAF-81AC-DC280CCF3FE8
EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 504-44-038D
Project No,: TT0572
Project Name: MC85 at Verrado Way Signalized Intersection
Project Termini: (MC 85 at Verrado Way)
Item No.: D23756 (R)
WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entite 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.
TWENTY-ONE
B. To pay the Grantors the sum of NINE ‘THOUSAND EIGHT HUNDRED and No/100
Dollats ($9,821.00) as payment in full for the real property desctibed herein.
C. To pay the Grantors the sum of FIVE HUNDRED and No/100 Dollars ($500.00) as payment in full for the
Temporary Construction Easement on the property described herein.
D. That, if in the opinion of the Transportation Director it becomes necessaty, private structures will be relocated in kind
to the Grantor’s property, cleat of the property described herein, at no expense to the Grantor except as may be herein
otherwise agreed,
E. That no costs relating to construction of roadway improvements on Project No, TT0572 will be chatged to the Grantor.
THE GRANTORS AGREE:
1. To grant a Warranty Deed for the teal 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 NINE THOUSAND EIGHT HUNDRED TWENTY-ONE and No /100 Dollars
($9,821.00) as payment in full for the property described hetein.
3. ‘To accept the sum of FIVE HUNDRED and No/100 Dollats ($500.00) as payment in full for the Temporary
Construction Easement on the property described herein.
4, ‘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 1D above.
Page 3 of 8

DocuSign Envelope ID: 98EBC5D6-1352-4EAF-81AC-DC280CCF3FE8
Exhibit “A”
Attached to Fee Simple Right of Way
Parcel No. 504-44-038D
Project No. TT0572
MC 85 and Verrado Way Intersection Lmprovements
Item No, D23756
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
Two parcels of land in the Southeast quarter of Section 36, Township 1 North, Range 3 West of the
Gila and Salt River Base and Meridian, and being more particularly described as follows:
Parcel 1
Commencing at the Southeast corner of said Section 36, being a brass cap flush, from which the East
quarter corner of said Section 36, an aluminum cap, bears North 00°13'36" East, for a distance of
2648.85 feet, and from which the Northwest corner of Section 6, Township 1 South, Range 2 West, a
brass cap flush, bears South 89°27'30” East, for a distance of 164.27 feet;
thence along the East line of said Southeast quarter North 00°13'36" East, for a distance of 216.25 feet
to the Point of Beginning;
thence departing said East line North 03°01'38" West, for a distance of 224.57 feet;
thence North 02°16'12" West, for a distance of 82.92 feet to the beginning of a non-tangent curve
concave to the east having a radius of 1472.38 feet, and to which point a radial line bears South
79°56'43" West;
thence southerly along the arc of said curve having a central angle of 00°02'39", for an arc distance of
1.14 feet to the beginning of a tangent line;
thence South 10°05'57" East, for a distance of 90.13 feet to the East line of said Southeast quarter;
thence along said East line South 00°13'36" West, for a distance of 217,27 feet to the Point of
Beginning.
The above described parcel contains 1,900 square feet or 0.0436 acres, more or less.
Parcel 2
Commencing at the Southeast corner of said Section 36, being a brass cap flush, from which the East
quarter corner of said Section 36, an aluminum cap, bears North 00°13'36" East, for a distance of
2648.85 feet, and from which the Northwest corner of Section 6, Township 1 South, Range 2 West, a
brass cap flush, bears South 89°27'30” East, for a distance of 164.27 feet,
thence along the East line of said Northeast quarter North 00°13'36" East, for a distance of 33.00 feet
to the Point of Beginning;
Continued on next page
SM. 1{07{Ul
crantor_ pare
Page | of 2 Page ; of 8

DocuSign Envelope ID: 98EBC5D6-1352-4EAF-81AC-DC280CCF3FE8
Exhibit B, Attached to Fee Simple Right of Way
N
NO. |RADIUS | DELTA | LENGTH | TANGENT 502
oo
Ci | 4472.38' | 00°02'390"| 1.14" 0.57' VA apt 53
/ — \ o11
ct
NO. | RADIAL BEARING | LENGTH
|
RB1 | $79°56'43"W | 1472.38"
\ alls
/
Not to Scale
NO. | BEARING LENGTH No \ ov |
Lf N00°13'36"E | 216.25' _—— r |e
2 | Nos0138" Ww | 224.57 \ / @ \\
La | No24ei2"W | 82.92 Qo
UN eet
i4 | s10°0s57°E | 90.13 — S lu =
(
i5 | so0%1336"W | 217.27' \ 3)
eather kK oD K
L6 | N00°43'36"E 33.00 = | en 21 |r | @
L7_ | Neso2o10"w | 327,98 \ ne a
S|
L8 | N834138"E | 254.53" {' \ }
noa756
19 | No71330°E | 125.22" ' Rex Maughan / i >
Lio | sooc13'36"W | 132,82" Ruth Maughan =
to 504-44-038D
Sy O
' QO
D23756 | z
Parcel 7 wv
|
1 aa
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\-P.0.B. Parcel 4 H > od >
| |
502
UNASSESSED 53
o
0088
D23756 ~ 123756
Parcel 2 2}! Parcel 1
IN 3
ence an
PE
L7 ba P.O.B, Parcel 2
—_— — | UNASSESSED
P.O.C, | | [
S$ 89°27'30"E
D23756 164,27'
Parcel 2
MC 85 &XIST RW ee
—_ a —
MC 85
SEC LN ___8.89°2910"E 2477.92"
~
S O°
400-10-018 EXIST RW goo-to-019 | I 400-098-005
!
D23756 Parcel 1 Area: 1,900 square feet or 0.0436 acres
D23756 Parcel 2 Area: 10,323 square feet or 0.2370 acres
Total Req'd. Area: 12,223 square feet or 0.2806 acres 9 of 2
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 504-44-038D MC 85 AND VERRADO WAY INTERSECTION IMPROVEMENTS
® 8
PROJECT No. TT0572 ITEM No, 023756 DATE 05/17/2021 RWK.S, Tech LV Page of

DocuSign Envelope ID: 98EBC5D6-1352-4EAF-81 AC-DC280CCF3FE8
Exhibit “A”
Attached to Temporary Construction Easement
,
Parcel No, 504-44-038D
Project No. TT0572
MC 85 and Verrado Way Intersection Improvements
Item No, D23756-TCE
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land in the Southeast quarter of Section 36, Township 1 North, Range 3 West of the Gila
and Salt River Base and Meridian, and being more particularly described as follows:
Commencing at the Southeast corner of said Section 36, being a brass cap flush, from which the East
quarter corner of said Section 36, an aluminum cap, bears North 00°13'36" East, for a distance of
2648.85 feet, and from which the Northwest corner of Section 6, Township 1 South, Range 2 West, a
brass cap flush, bears South 89°27'30” East, for a distance of 164,27 feet;
thence along the East line of said Northeast quarter North 00°13'36" East, for a distance of 1146.86
feet;
thence departing said East line North 89°46'24" West, for a distance of 40,00 feet to the Point of
Beginning;
thence South 00°13'36" West, for a distance of 36,00 feet;
thence North 89°46'24" West, for a distance of 6.00 feet;
thence North 00°13'36" East, for a distance of 36.00 feet;
thence South 89°46'24" East, for a distance of 6.00 feet to the Point of Beginning.
The above described parcel contains 216 square feet or 0.0050 acres, more or less, and is depicted on
the attached Exhibit “B”.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prellm:10/30/2020 LV | Chk: | Appr: AWG 12/29/2020
Rev:
Marlcopa County Real Estate Department
cranror_ Sf _ parte 7/01] 7
Page | of ! Page 7 of 8

DocuSign Envelope ID: S98EBC5D6-1352-4EAF-81AC-DC280CCF3FE8
Exhibit B, Attached to Temporary Construction Easement
N
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yo P.O, \ i
L6 L2 \ g
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ialenaneiens \ a Not to S cale
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D23786-TCE—~_! \ wy
| gt |e 5 5 8 502-53-044
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\ i) / 3) 78
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Noe D23756-TCE—__Fh
Nh
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23756 RO
Rex Maughan / nt OQ
Ruth Maughan o
604-44-038D
Y
NO. | BEARING | LENGTH #
||
Lf N00"13'36"E | 1146.86" ie
L2 | Ns9°46'24"W { 40.00! 502
23756
L3_| S00%13'36"W | 36,00! 53
Parcel 1
L4 | Neo%4e24"W | 6,00 0088
L5 | N00%3'36"E 36,00'
L6 | § 89°46'24"E 6.00' UNASSESSED
| _ § 89°27'30"E
D23756 164,27'
Parcel 2 | /
MC EXIST R/W MC 85
85 ™ eae
. _. —
—7- SEC LN —S 89°29"0"E 2477.9 SEC LN ——
EXIST R/W
400 <1
09
42
D23756-TCE Area: 216 square feat or 0.0050 acres
Total Req'd. Area: 216 square feet or 0.0050 acres 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 504-44-038D MC 85 AND VERRADO WAY INTERSECTION IMPROVEMENTS
PROJECT No, TT0572 | ITEMNo.D23766-TCE | DATE 10/30/2020 RW KS. Tech LV Page 8 of 8