A. TT0583 - D23634 - CANCELLATION OF ESCROW AND AGREEMENT.PDF

Maricopa County
Real Estate Department
Memo
To: Maricopa County Board of Supervisors
From: Wayne Jones, Senior Right of Way Agent
Maricopa County Real Estate Department
Date: May 27, 2021
Re: Cancellation of Escrow and Agreement
TT0583 20" Street (Cloud Road to Tamar Road)
D23634, Parcel: 211-20-153A, Ernest W Parks Jr. and
Katherine A Parks
On May 19, 2020 Ernest W Parks Jr. and Katherine A Parks accepted
Maricopa County’s offer to purchase a portion of their property needed for
this project. The Purchase Agreement was fully executed on May 19, 2020
and escrow was opened with Security Title Agency, Inc. Because we are
purchasing a portion of their property, we need a partial release from the
owner's lender. The lender’s requirements to provide the partial release
are difficult, costly and not needed in a court of law. Therefore, in order to
proceed, we are cancelling the escrow with Security Title Agency and
proceeding through condemnation. Mr. and Mrs. Parks are in support of
this.
Attached is a copy of the fully executed purchase agreement for reference
and the Mutual Cancellation Agreement signed by Mr. and Mrs. Parks for the
Board of Supervisors approval and signature.
ApprovecLby:
Kimberly Romefo, Real Property Manager

4722 N. 24th St. Ste. 200
SECURITY
Phoenix, AZ 85016
‘TITLE AGENCY Phone:
(602) 230-6271
Fax: (602) 926-0452
MUTUAL CANCELLATION INSTRUC TIONS
May 11, 2021
Escrow Number: 15180242-015-JB6
Property Address: 1941 E Tamar Rd, Phoenix, AZ 85086
211-20-153A
Portion of Section 27, Township 6N, Range 3E / APN 211-20-153A
Seller: Ernest W Parks Jr. and Katherine A Parks, husband and wife
Buyer: MARICOPA COUNTY, a political subdivision
IT IS MUTUALLY AGREED BY AND BETWEEN THE UNDERSIGNED
to cancel the above referenced escrow. By the
signing of these mutual instructions, the undersigned relieve each other and
and Security Title Agency, Inc. ftom any obligations
liability created under the original Escrow Instructions and/or
purchase contract.
The undersigned acknowledge that their respective real estate agents have been advised of the cancellation,
BUYER:
SELLERS:
Maricopa County, a political subdivision of the State
of Arizona ee
_ 2
By: ‘Ernest W Parks Jr. Nee
lis:
Katherine A Parks
E1000038 rev. 10/14/13

PRE OD
e ABIZUNS rf Maricopa County Department of Transportation
ck i
VE! Purchase Agreement and Escrow Instructions
oun
C0 -06°20'S44-7-a0
Title Company Security Title Agency Date April 30, 2020
Addeess 4722 N. 24th St., Ste 200 Phone 602-230-6297
City Phoenix, Arizona 85016 Fax
Escrow Officer Jason Bryant Email jbryant@secutitytitle.com
Escrow No. 15180242-015
Grantor: Ernest W. Parks, Jr. and Katherine A. Parks, husband and wife Phone:
Contact Ernest Parks Phone: 602-524-7617
Mailing Address: | 1941 E. Tamar Rd. Email ernestwparcks@pmail.com
City, State Zip Phoenix, AZ 85086 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 dixectly to the Grantor, or deposit | Sub- Charges and Disbursements to be paid from Grantor's funds as
with the Title Company if escrowed, the purchase price plus all Object | follows (check all that apply):
lawful costs incidental to closing as follows: Codes
;
Escrow Fees $696.00 L] Total Acquisition of Grantor's Property: Full zelease of all
Title Report Fees $750.00 monetary liens and encumbrances, and leases of any kind.
Owners Policy $557.00 Pay in full all due and delinquent real property taxes and
Title Report Credit ($750.00) general and special improvement assessments. Prorate the
Total Escrow & Title Fees $1,253.00 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
Release & Reconveyance the lien of the current year's taxes in full.
DX] 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 Certificate(s)
S.R.V.W.U.A. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
[_] Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
[J Other Disbursements: |
Sub Total TBD
Title Report Credit
Land* $11,149.00 $11,149.00 | 11 Possession date:
Driveway Temporary
Construction Easement 12
(POC) *** $100.00 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes [x] | No LJ
Total Compensation $11,249.00 Exhibit B
Total Closing Costs $1,253.00 | 14 Entry Agreement Yes |_| | No XJ
Total Purchase Price $12,402.00 Addendum attached hereto and made a Yes [-] | No kX
TOTAL WARRANT** $12,402.00 part hereof
*Escrow and title policy fees based on this amount only.
**Sum of Total
5	1	83	1	37	4	514	2728	115	34	96.268303	Closing
5	1	83	1	37	5	640	2728	98	26	95.476028	Costs and Total
5	1	83	1	37	8	927	2728	138	25	96.799767	Purchase
5	1	83	1	37	9	1076	2728	93	25	92.766914	Price only.
*#* Paid outside of closing
Project: 20% St, Cloud Rd -- Tamar Rd PCN: | TT0583
Assessor Parcel No.: 211-20-153A Item No | D23634
Right of Way Agent: Wayne Jones Telephone # | 602-506-4747
Page 1 of 3

0-06 -20-S AU-]-o0)
‘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 conveyance ta 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 esccow 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 Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Hither 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 ttle insurance herein are not applicable.
If any clement 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 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 2 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 pact 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.
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,
GRANTOR: Ernest W. Parks, JR and Kathrine
A. Parks, husband and wife, as community RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
property with right of survivorship
a CA MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
ee OF TRANSPORTATION SUPERVISORS
.
Exnest W. Parks, Jr. S) Af» f
Date: Se Z Pe Zo Lif stn tet fps yey ap Ll tbe VE La
DAF WW COU IGE |
L OQ.
ivi G fost Real Property Manager Chairman of the Board
Katherine, A. Parks
Date_3//q/2.0 ATTEST: —.
. Date A \y LZ
Security Title Agency Approved as to form within the 4 i
3 and authority Sty of the Board of XQ Che 7
powers ic of the Board of Supervisors
Supervisors
JUN | 0 y AI) 20
Accepted cee
Date Ziftstmah sot (ites e949 Want
ESCROW OFFICER AONDPO NY OAV I f
Deputy County Attorney _ Date Date
RES/KGR Revised 2/3/2017
Page 2 of 3

DocuSign Envelope ID: 5AF78EA2-D715-4960-91C5-18496601 5AE5
The GRANTOR, having executed a conveyance of certain seal property tights to the GRANTEE as described in the Eixhibit(s) attached hereto and made
a hereof, and having delivered same to the above Tite Company as Escrow Agent, said agent is directed to deliver said conveyance to MARICOPA
part
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, lensehold 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 Esccow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agccement; prorate all
agreed items; record such escrowed instcuments as ace 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 agreed that the Title Company shall not be responsible for any liens or encumbrances not of zecord at the closing of escrow.
‘The Right of Way Agent or MARICOPA COUNTY Real Estate Department will be furnished a copy of the Geantor’s closing statement with the following certification signed
by an authorized officer: “This is to certify this is a trae 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. Hither 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 related thereto; esccow fees and other charges by esccow companies incidental to the closing of escrow. In the alternative, Maricopa County may, at its
expenses
option, waive esceow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein are not applicable.
Ifany 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 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 Jarger parcel, the consideration also includes; full and complete compensation for all injury or darnage 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 dusing the term of MARICOPA COUNTY's temporary occupancy of the
propecty. All claims shall be submitted in accocdance with the requicements of ARS 12-821.
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: Ernest W, Parks, JR and Kathrine
A. Parks, husband and wife, as community RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
property with right of survivorship
eA MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
a
fw
rae a OF TRANSPORTATION SUPERVISORS
‘aa =
Ernest W. Parks, Jr,
Date__ es’ Fer cZa Kimberly, Korero AZM ACIN bol Aby Wy cee PRE
arraamareonasse FIONA) TW LOU wae
/ Qs \
Argithla pss CG Pout Real Property Manager Chairman of the Board
Katherine A. Parks 6/2/2020
Date Sl /¢/2m ATTEST:
i Date
Security Title Agency Approved as to form within the
powers and authority of the Board of
Clerk of the Board of Supervisors
SUPER SR Enedby:
Accepted [ Cpt Bude -CovpcelA
| ———_| De 6/2/2020 AIBNED 1
ESCROW OFFICER \CasozsanarscRase
Deputy County Attorney Date Date
RES/KGR Revised 2/3/2017
Page 2 of 3

EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 211-20-153A
Project No.: TT0583
Project Name: 20% St; Cloud Rd — Tamar Rd
Ttem No.: D23634 (WJ)
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 Eleven Thousand One Hundted Forty Nine and No/100 Dollars ($11,149.00)
as payment in full for the real property described herein.
C. To pay the Grantors the sum of One Hundred and No/100 Dollars ($100.00) as payment in full for the Driveway
Temporary Construction Easement on the property described herein.
That, if in the opinion of the Transportation Director it becomes necessary, ptivate structures will be relocated in kind
to the Grantot’s property, clear of the property desctibed herein, at no expense to the Grantor except as may be
herein otherwise agreed.
That no costs relating to construction of roadway improvements on Project No. TT0583 will be charged to the
Grantot.
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 Eleven Thousand One Hundted Forty Nine and No/100 Dollars ($11,149.00) as payment
in full for the property described herein.
3, To accept the sum of One Hundred and No/100 Dollars ($100.00) as payment in full for the Driveway Temporary
Construction Easement on the property described herein.
That the County, or its agents, is hereby granted the tight to enter upon the remaining property of the Grantor for the
purpose of accomplishing “D” above.
A
Initials Initials
Page 3 of 3

Parcel No, 211-20-153A
Project No. TT0583
20™ STREET
(CLOUD ROAD TO TAMAR RD)
Jtem No, D23634
EXUIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A parcel of land in the Southwest Quarter of Section Twenty Seven, Township Six North, Range Three
East of the Gila and Salt River Base and Meridian, and being more particularly described as follows:
Commencing at the South Quarter corner of said Section 27, being a brass cap in a handhole, from
which the Southwest corner of said Section 27, a brass cap flush, beats North 89°58'07" West, for a
distance of 2648.58 feet, and from which the Center of said Section 27, a 1” iron pipe, bears North
00°07'32" East, for a distance of 2638.52 feet;
;
thence along the midsection line of said Section 27 North 00°07'32" Hast, for a distance of 987.79 feet
to the Point of Beginning;
Thence departing said midsection line North 89°55'26" West, for a distance of 15.00 feet to a point on
a line parallel with and. 15.00 feet westerly of sald midsection line;
thence along said parallel line North 00°07'32" East, for a distance of 311.33 feet;
thence depatting said parallel line South 89°57'18" East, for a distance of 15.00 feet to a point on said
midsection line; :
;
thence along said midsection line South 00°0732" West, for a distance of 311.34 feet to the Point of
Beginning.
The above described parcel contains 4,670 square feet or 0.1072 acres, more or less.
MARICOPA COUNTY
Prelim; 09/01/2019 | Chk:JA [ Appr: i. 17-27-2010
Rev:
Maricopa County Real Estate Department {
GRANTOR ,V DATE a\ aka
EXEDBIT “A”
Page 1 of 1

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241-20-154 “I
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AN E JOY RANGH RD N89°581O"W
WV SEC LN 2648.58
Total Req'd, R/W Area: 4,670 square foot or 0.1072 acres
MARICOPA COUNTY REAL ESTATE DEPARTMENT
~
TT0583 20th Street ~ Cloud Road to Tamar Rd
PROJECT No. TT0583 | ITEM No. D23634 DATE 09/01/2019 MARICOPA GOUNTY | RIW AGENT W.dJ,
I

/
S
LN
N.T.S.
SEC
MID
| 211-20-134F
E TAMAR RD
ERNEST W PARKS JR
|
/ KATHRINE A PARKS 2638,52'
ST
211-20-153A
20TH
N00°07'32"E N
25'X38'
950.00' \y
DWTCE STA 72+88.00
LJ
211-20-154
A
E JOY RANCH RD
N89°58'07"W
\
SECLN 2648.58"
{6H 168A
R3E R3G
Total Req'd. R/W Area: 950 square foot or 0.0218 acres
MARICOPA COUNTY REAL ESTATE DEPARTMENT
TT0583 20th Street - Cloud Road to Tamar Rd
PROJECT No. TT0583 | ITEM No. D23634 | DATE 09/01/2019 | MARICOPA COUNTY R/W AGENT W.J.