A. D23656.PDF

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DocuSign Envelope ID: C17824EF-60DE-4379-A1 BF-581B1D7CD28E
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: September 29, 2020
Re: Cancellation of Escrow and Agreement
TT0583 20" Street (Cloud Road to Tamar Road)
D23656, Parcel: 211-69-055, John W. Pearce, successor
Trustee of the Thirza H. Pearce 2012 Trust, Dated April 11,
2012
On June 23, 2020 John W. Pearce, Successor Trustee of the Thirza H.
Pearce 2012 Trust, Dated April 11, 2012 accepted Maricopa County's offer
to purchase the underlying fee within the existing 50 foot patent easement
area. The Purchase Agreement was fully executed and escrow was opened
with Security Title Agency, Inc. Due to some difficult title requirements John
Pearce made the decision to cancel the agreement and escrow. Mr. Pearce
is supportive of the project and understands the project will continue to move
forward as Maricopa County has the rights needed via the existing 50 foot
patent easement and that his participation was voluntary.
Attached is a copy of the fully executed purchase agreement for reference
and the Mutual Cancellation Agreement signed by John W. Pearce for the
Board of Supervisors approval and signature.
Approved by:
DocuSigned by:
[Aino Romero 11/23/2020
Kimberly Romero, Real Property Manager

i
DocuSign Envelope ID: C17824EF-60DE-4379-A1BF-581B1D7CD28E
Ce
CCRTRTRTR
4722,N, 24th St. Ste. 200
E C URITY Phoenix, AZ 84016
Phone: (602) 230-6271
T [TLE AGE GENCY
Fax; (602) 926-0452
MUTUAL CANCELLATION INSTRUCTIONS
September 3, 2020
Escrow Nusaber: 15190269-015-1B6
Property Address: — 211-69-055, Phoenix, AZ 85086
211-69.055
;
Portion of Section 34, Township 6N, Range 3E APN 211-69-055
Seller: Thirza H Pearce, Trustee of the Thirza H. Pearce 2012 Trust, Dated April 11, 2012
Buyer: Maricopa County, a political subdivision of the State of Arizona
ITIS 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 Security Title Agency, Inc, from any obligations
and liability created under the original Parchase Agreement and Escrow Instructions, dated April 27, 2020,
BUYER: SELLER:
Maricopa County, a political subdivision of the State John W. Pearce, Successor Trustee of the Thirza H.
of Arizona Pe arce, 20342 Trost, Dated April 11, 2012
oat fecuse
h [eo
afo
Peares
By: | John W. Successor Trustee
Its:
FRINNNSR tov. 10/14/13

‘
DocuSign Envelope ID: C17824EF-60DE-4379-A1 BF-581B1D7CD28E
e
by ’ of Transportation
Maricopa County Department
‘ ne |
Le) Purchase Agreement and Escrow Instructions
Date April 27, 2020
‘Title Company Security Title Agency
Address 4722 N 24 Street, Ste, 200 Phone 602-230-6297
City Phoenix, AZ 85016 Fax
Email jbcyant@sccuritytitle,com
Escrow Officer | Jason Bryant
Escrow No. 15180269-015
John W, Pearce, successor Trustee of the Thicza H. Penrce 2012 Trust, Dated Api 11,
Phone: | 213-798-5486
Grantor 2012
Phone: | 562-431-4805
Contact John Pearce
Mailing Address: | 11162 Kensington Road Email wagontrack(@pmall.com
Faxt
City, State Zip Los Alamitos, CA, 90720
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 dicecdly to the Grantor, or deposit Charges and Disbursements to be paid from Grantor's funds as follows
pay
with the Tide Company if escrowed, the pucchase price plus all lawful (check all that apply):
costs incidental to closing as follows:
I I
LJ] ‘Total Acquisition of Grantor's Property: Full zelease of ail
Escrow Fees TBD
TBD monetary liens and encumbrances, and leases of any kind.
Title Policy Fees
Pay in full all due and delinquent seal property taxes and
general and special improvement assessments, Prorate the
Total Escrow & Title Fees TBD current year's ceal property taxes on closings that occur on ox
after the 3rd Monday of August each year. Escrow Agent
shall withhold the prorated amounts from each party and pay
Recording Pees:
the lien of the cuccent year's taxes in full,
Deed
Easement
Bj Partial Acquisition of Gcantor's Propesty: Pactial release of all
Mocrtpage Release
monetary liens and encumbrances, and leases of any kind,
Release of Lease
‘At the disceetion of Maricopa County, pay due and delinquent
Total Fees TBD property taxes and peneral and special improvement
Recording
assessments, including full payment of taxes and
assessments on individual assessor paccels within
Other Chaxges:
Maricopa County's pactial acquisition, and any Certificate{s)
Release Fees
of Purchase, ‘The curcent year's taxes shall not be prorated
SRVWULA.
Prorated sepacdless of the closing date.
‘Taxes ~
T1 Easement(s): Consent to easement(s) by secured patty(les),
Total Other Charges TBD
EJ] OtherDisbursements: |
Sub Toial
‘Title Report Credit
| Underlying Fee¥ $2,724.00 Possession date:
Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes No LL]
Exhibic B
.
TBD Entcy Apreement Yes [| | Nok
j ‘Total Closing Costs
$2,724.00 Addendum attached heceto and made a Yes [|] | No X
Total Purchase Price
TOTAL WARRANT#* TBD part hereof
:
*Eiscrow and title policy fees based on this amount only.
##Sum of Total
5	1	88	1	2	4	618	2601	105	29	92.245689	Closing
5	1	88	1	2	5	734	2598	89	25	85.861183	Costs and Total Purchase Price" only.
20% Street (Cloud Road to Tamar Road) PCN: _TT0583
Projects
211-69-055 Item No 123656
Assessor Parcel No:
Telephone # (602) 506-4747
Right of Way Agent: Wayne Jones
Page 1 of 3

DocuSign Envelope ID: C17824EF-60DE-4379-A1 BF-581B1D7CD28E
| C197 M1 004K 00
described in the Exhibit(s) attached hereto and made
of certain real propecty rights to the GRANTEE as
‘The GRANTOR, having executed a conveyarice sald is dice cted to deliver said conveyance to MARICOPA
delivered same to the above ‘litle Company as Escrow Agent, agent OF SUPERVISORS,
a pact hereof, and having the MARICOPA COUNTY BOARD
said to be transferred upoo execution of the conveyance by
COUNTY, tile to property
leasehold interests, special assessmeats, and other encumbrances as may
the purchase price on deposit to satisfy such taxes, Deed of Trusts,
‘The Escrow Agent shail first apply in accordance with the tecms herein.
be nuthosized for payment, and the balance thereof shall be paid
cacumbrances in accordance with this agreement; prorate all
Deposit all escrowed funds in esceow account and disburse same by check; pay of the escrowed funds to the party or pattics
Insteuctions to Escrow Agent: in the issuance of ttle insurance; and pay the balance
items; cecord such esccowed instruments as are necessary Of proper liens encumbcances not of record at the dosing of escrow.
agreed and that the Title Company still not be responsible for any or
entitled thereto. Itis further understood agceed
of the Grantor’s closing statement with the following certification signed
MARICOPA COUNTY Real Estate Department will be furnished a copy
The Right of Way Agent or of disbursement of funds collected from MARICOPA COUNTY.”
suthosized officer: “This is to certify this is a tcue and correct statement
by an
due Grantor, Hither a copy of this request o¢ a copy of a
acknowledge seccipt of the amount shown on the closing statement as
The Escrow Agent is to cequest the Grantor
signed receipt is to be retained in the escrow file.
assaciated with lender celeases or loan pay- offs, including endorsements, document preparation,
County will the costs of the owner’s title insucance policy; fees of In the alternative, Maricapa County may, at its
Maricopa pay companies incidental to the closing escrow.
and other related thereto; esccow fees and other charges by escrow and title Insurance hecein ace not applicable.
expenses such waiver, the references to ‘Title Company, Escrow Agent
waive esccow and/or title insucance. Upon
option,
MARICOPA COUNTY and payment will be made direct
this transaction is not handled through a title company, the conveyance will he delivered dicectly to and the final filing and recording of the
Ifany element of MARICOPA COUNTY BOARD OF SUPERVISORS
from the Gantee to the Grantor after approval and acceptance by the
documents.
ation for the interest being acquiced. TE the acquisition
the consideration expressed herein is accepted by the Grantor as full and complete campens Grantor's remaining lands by reason
Itig understood and agreed compensation for all injury or damage to the
the consideration also includes; full and complete
js a partial acquisition froma Jarper parcel, in the manner proposed by M {ARICOPA COUNTY.
from the being acquired and the consteuction of the improvements
of theic severance part
COUNTY's tion of the Gmntor's propecty caused by MARICOPA
COUNTY shall be responsible to the extent that damage occurs out of MARICOPA occupal MARICOPA COUNTY 's tempomry occupancy of the
MARICOPA conduct of its agents, employees, or contractors during the term of
COUNTY’s nepiigence, or by the negligent acts or
shall be submitted in accordance with the requicements of ARS 12-821.
property. Ailclaims
admissible as evidence of value, nor for any other evidentiary purpose, in conjunction
settlement is being made in feu of condemnation, and therefore not
Ibis further agreed
with any judicial or administrative proceeding.
i GRANTOR: John W. Pearce, successor ACCEPYED AND APPROVED:
RECOMMENDED FOR APPROVAL:
Trustee of the Thirza H. Pearce 2012 Trust,
Dated Apil 11, 2012
MARICOPA COUNTY BOARD OF
MARICOPA COUNTY DEPARTMENT
<> SUPERVISORS
OF TRANSPORTATION ,
. FERPA eS
A ant 4
: John W. Pearce, Successor Trustee HEHE HIGHER PART
AA)
(7 ff
| Date tol 22 \ZOZS Chaicman of the Boasd
| Real Property Manager
ATresh \
: A......\e
Date lor
: awa yy:
LKALAY
to form within the ZAM [AX
Approved as
and authority of the Boaed of ects of the Board of Supervisors
powers
Security Title Agency Supecvisore
IN COUNTERPART AUG 1.9 2020
SIGNED
Accepted Date
ESCROW OFFICER
Deputy County Attorney Date Date
RES/KGR Revised 2/3/2017
Pape 2 of 3

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DocuSign Envelope ID: C17824EF-60DE-4379-A1BF-581B1D7CD28E
EXHIBIT B
RIGHT OF WAY AGREEMENT
Patcel No.; 211-69-055
Project No.: TTO583
Project Nate: 20% Street
Termini: (Cloud Road to Tamat Road)
Project
Item No.: D23656 (WJ)
contains the entire agteement between
hereinafter set fosth, itis agreed that this instrament
WHEREAS in consideration than described in this agreement.
No further consideration is being paid
the Grantor and Maricopa County.
TEE COUNTY OF MARICOPA AGREES: and benefit of the public.
described heteln for the genetal welfare Dollats ($2,724.00)
To use the teal property Hundsed ‘T'wenty-Four and No /100
> the Grantors the sum of Two Thousand Seven
‘To pay
in full for the teal property desctibed herein, stkuctutes will be relocated in kind
as payment Ditectot it becomes necessary, private
‘That, if in the opinion of the Transportation to the Grantot except as may be
Cc. desctibed hetein, at no expense
the Gtantot’s ptopetty, cleat of the property
to
herein otherwise agreed. No, TT0583 will be charged to the
\ construction of toadway improvements of Project
D. That no costs relating to
Granitot,
THE GRANTORS AGREE: Exhibit A to the County of Maxicopa for the genetal
Deed for the zeal ptopetty described in
4. ‘To grant a Watzanty
welfare and benefit of the public. and No/100 Dollats ($2,724.00) as payrnent
of T'wo Thousand Seven Hundred Twenty-Four
2, ‘I'o accept the sum.
in full for the property described hetein. the remaining property of the Grantot for the
is hereby granted the tight to enter upon
3, That the County, or its agents,
of accomplishing C
5	1	10	3	2	5	907	1769	11	15	73.260811 above.
purpose
Page 3 of 3

DocuSign Envelope ID: C17824EF-60DE-4379-A1BF-581B1D7CD28E
Parcel No. 211-69-055
Project No. TT0583
20°! STREET
(CLOUD ROAD TO TAMAR RD)
Ttern No. D23656
TXCUBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
of land in the Southeast Quarter of Section-Thitty fout, Township Six North, Range Three
A parcel particulatly described as follows:
Hast of the Gila and Salt River Base and Meridian, and being move
at the South Quarter comer of said Section 34, belng a brass cap in a handhole, from.
Commencing of sald Section 34, a brass cap in. a handhole, beats South 89°53°54” Hast,
which the Southeast comer bears
of 2650,63 feet, and trom wihich the Center of said Section 34, a 3/4" forming pin,
fot a distance
North 00°03'40"Bast, for a distance of 2605.93 feet; ;
the midsection line of said Section 34 North 00°03'40" East, for a distance of 298.69 feet
thence along
to the Point of Beginning;
said mids ection line North 00°03'40" East, for a distance of 329.61 feet.
thence continuing along
sald saldsection line South 8 9°54] 3" Bast, for a distance of 50,00 feet to apoint ona
thence departing
line parallel with and 50.00 feet easterly of sald midsection Hine;
said parallel line South 00°03'40" West, for a distance of 329,61 feet;
shence along for distance of 50,00 feet'to the Pobat of
thence departing said patallel tne North 99°54'28" ‘West, a
Beginaing
described parcel contains 16,480 squate feet or 0,3783 acres, mote oF Jess,
The above
MARICOPA COUNTY
Prelira: 09/01/2019 | Chie JA | Apprry yy 12-27 2014 |
Rev:
Maricopa County Real Estate Department
GRANTORLWP DATE _fo-2 3-2-0
EXAYBIT “A”
Pago 1 of 1

DocuSign Envelope ID: C17824EF-60D E-4379-A1BF-581B1D7CD28E
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_ IN 889°59 54 E
2680,68"
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Total Req'd. R/W Area: 16,480 square foot or 0,3783 acres
MARICOPA COUNTY REAL ESTATE DEPARTMENT
TT0583 20th Street- Cloud Road to Tamar Rd
PROJECT No, TT0583 ITEM No. 028656 1 DATE 08/01/2019 | MARICOPA COUNTY RM AGENT WJ.