A. DD-10888 - PURCHASE AGREEMENT.PDF
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Maricopa County Department of Transportation Dedication Purchase Agreement and Escrow Instructions Title Company First American ‘Title Company Date 03/30/21 Address 2425 E. Camelback Rd., Suite 300 Phone 602 567-8100 City, State, Zip Phoenix, AZ Fax Escrow Officer Jad Johnson Email Escrow No. NCS-960838A-PHX1 Grantor: Thomas Russell, Trustee of the Thomas E. Russel revocable trust dated June 13, 1997 Phone: Contact: Adiba Jutyeva Cell: 480-745-2482 Adiba.juryeva@simoncte. Mailing Address: | 6900 E. 2n4 St. Email: com City, State, Zip Scottsdale, AZ 85251 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 L] 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 propetty 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 patty and pay Deed the lien of the current year's taxes in full. Easement | Mortgage Release KX] 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 delinguent Total Recording Fees ptoperty 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.U.A. of Purchase. The cutrent 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 L] 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 XI | NoL] Exhibit B Total Closing Costs*** 0.00 Entry Agreement YesL] | No&X Total Purchase Price $10.00 Addendum attached hereto and made a Yes] | NoX TOTAL WARRANT*#* $10.00 part hereof *Escrow and title policy fees based on this amount only. **Sum of Total 5 1 71 1 2 4 398 2765 145 26 96.454948 Purchase 5 1 71 1 2 5 554 2763 97 28 96.123138 Price only. *** All Closing Costs to be paid by Seller. Project: 17220 W. Bethany Home Rd. PCN: | TT0008 Assessor Parcel No.: 502-28-966 Item No | DD-10888 Right of Way Agent: Patrick Mertz Telephone # | (602)506-4639 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 patt 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. Insteuctions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agteement; 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 Division will be furnished a copy of the Grantot’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 copy of this 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 chatges by esctow 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 escrow 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 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 property, then Grantor grants to MARICOPA COUNTY, its agents, employees and contractors, the right to enter Grantor’s remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on adjacent County owned right of way, if required. 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. GRANTOR: Thomas E. Russell, Trustee of the ‘Thomas E. Russell Revocable Trust dated June RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: 13, 1997 y MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF Its:_ “At e1Iek OF TRANSPORTATION SUPERVISORS By: Its: Real Property Manager Chairman of the Board ATTEST: Date Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Accepted Date ESCROW OFFICER Deputy County Attorney Date Date KGR Revised 4/11/2018 Exhibit “B” RIGHT OF WAY AGREEMENT Parcel No.: 502-28-966 Project No.: TT0008 Project Name: 17220 W. Bethany Home Rd. “EE Item No.: DD-10888 (pm) | 2 \| 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 real property described 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 property 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 property, clear of the property described herein, at no expense to the County. THE GRANTOR AGREES: 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 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 Maticopa County to construct ot maintain a roadway within the Right of Way granted by this document. 4. To be tesponsible 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. 5. 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 C above. EXHIBIT *A” DESCRIPTION FOR 32.00 FOOT RIGHT OF WAY DEDICATION THE NORTH 32.00 FEET OF THE SOUTH 65.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED IN RECORDING NUMBER 2000-0427784, RECORDS OF MARICOPA COUNTY, ARIZONA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST THREE-FOURTHS OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. SAID 32.00 FOOT STRIP OF LAND COMPRISING 0.363 ACRES OR 15,832 SQUARE FEET, SUBJECT TO ALL EASEMENTS OF RECORD. 7900 N. 70th AVENUE JOB NO.: 200428 SUITE 14 SECTION: 11 ALLIANCE GLENDALE, AZ 85303 TOWNSHIP: 2 NORTH RANGE: 2 WEST LAND SURVEYING, LLC TEL (623) 972-2200 DATE: FEBRUARY 19, 2021 FAX (623) 972-1616 SHEET 1 OF 2 wwwailllancelandsurveying.com contactus@azals.com EXHIBIT B” 5 1 4 1 1 3 1568 313 390 117 0.000000 “| 5 1 4 1 1 4 2016 342 215 73 40.110802 ]20Z| 4 1 4 1 2 0 1011 428 539 66 -1 5 1 4 1 2 1 1011 429 336 65 96.075729 EXHIBIT 5 1 4 1 2 2 1371 428 179 66 96.590874 FOR 2 1 5 0 0 0 1247 519 885 66 -1 3 1 5 1 0 0 1247 519 885 66 -1 4 1 5 1 1 0 1247 519 885 66 -1 5 1 5 1 1 1 1247 520 123 65 96.878601 OF 5 1 5 1 1 2 1406 521 187 63 96.582314 WAY 5 1 5 1 1 3 1617 519 515 66 96.517540 DEDICATION 2 1 6 0 0 0 1288 602 152 39 -1 3 1 6 1 0 0 1288 602 152 39 -1 4 1 6 1 1 0 1288 602 152 39 -1 5 1 6 1 1 1 1288 602 152 39 67.126572 494.81’ 2 1 7 0 0 0 841 652 657 24 -1 3 1 7 1 0 0 841 652 657 24 -1 4 1 7 1 1 0 841 652 657 24 -1 5 1 7 1 1 1 841 652 657 24 95.000000 2 1 8 0 0 0 771 986 38 177 -1 3 1 8 1 0 0 771 986 38 177 -1 4 1 8 1 1 0 771 986 38 177 -1 5 1 8 1 1 1 771 986 38 177 73.387199 1323.58 32.00 FOOT RIGHT N 89°56'28" E T\ cusnne PROPERTY CORNER (TYP.) 1323.91’ N.T.S. 17220 W. BETHANY HOME RD. WADDELL, AZ 1258.58’ 1258.91" E 000334" 32,00’ R/W DEDICATION W ‘0.563 ACRES N 15,832 SQ. FT. 00°03'41” N 89°58'47" EY 494.76" S WS 89°58'47" a 9 oS | ’ i) ’ ns , 1484.29’ | 494.76° | 659.69 S 89°58'47” W \ 2638.74’ BETHANY HOME ROAD 33’ R/W_PER BK. 22, PG. 17, M.C.R. & SE. COR. SEC. 11 BK. 24, PG. 38, M.C.R. 7900 N. 70th AVENUE JOB NO.: 200428 SUITE 104 SECTION: 11 ALLIANCE 1 citit asc TOWNSHIP: 2 NORTH RANGE: 2 WEST ID SURVEYING, LLC TEL (623) 972-2200 DATE: FEBRUARY 19, 2021 FAX (623) 972-1616 SHEET 2 OF 2 www.ailllancelandsurveyingcom contactus@azals.com