FS 1-50 - PURCHASE AGREEMENT & RELEASE FINAL.PDF

ARIZONA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY GROUP/PROPERTY MANAGEMENT SECTION
PURCHASE AGREEMENT AND RECEIPT FOR DEPOSIT
Project No.: M5193 OIX Sale No. F.S. 1-50
Received from Maricopa County, a political subdivision of the State of Arizona, herein called
Purchaser, a letter of intent to purchase the State's interest in the real property known as
Facility Site No. 1-50; which contains approximately 3.41 acres of land improved with two
governmental office buildings identified as Assessor Parcel Numbers 139-49-001M and 139-
49-001Y located at 1840 S. Mesa Drive in Mesa, Arizona 85210, Maricopa County, Arizona and
as shown on Exhibit "A" attached hereto.
By:
Michael Craig, Property Manager Date
SALE PRICE PAYABLE AS FOLLOWS: As consideration, the Purchaser agrees to purchase
the State's interest in the above described real property for the full purchase price of One
Million Three Hundred Fourteen Thousand Nine Hundred Dollars ($1,314,900.00) payable as
follows:
$ -0- Initial deposit
$1,314,900.00 Balance of full purchase price, payable at close of
escrow.
PURCHASER HEREBY AGREES TO: Close escrow with Security Title Agency, 4722 N. 24th St.,
Suite 200, Phoenix, Arizona 85016, Attn: Bianca Gonzales, Escrow Officer, Direct Line: (602)
230-6235, Fax: (602) 926-0452 Email: Bianca.qonzales0,securitytitle.com within 60 days from
the date of the executed purchase agreement.
The property shall be conveyed by Special Warranty Deed to: Maricopa County, a political
subdivision of the State of Arizona.
PURCHASER TO SIGN ATTACHED ENVIRONMENTAL RELEASE FORM. This agreement is
made with the understanding that it is subject to the terms and conditions attached hereto
and approval by ADOT's Infrastructure Delivery and Operations Division.
PURCHASER: Maricopa County, a political subdivision of the State of Arizona
Address: 301 W. Jefferson Street, Phoenix, Arizona 85003
Telephone: (602)506-1344 E-Mail chaveza@mail.maricopa.gov

TERMS OF EXCESS LAND PURCHASE AGREEMENT AND
DEPOSIT RECEIPT
ESCROW FEES: Purchaser and State (Seller) shall each pay one-half (1/2) of the escrow fees
and closing costs.
SALE CLOSING
SCHEDULE: Completion of a cash sale, or close of escrow, shall be scheduled on or
before sixty (60) days from the date of execution of this purchase agreement.
Any application for extension of time to complete sales transaction must be
in writing and approved by ADOT. An additional deposit may be required for
any such extension. This non-refundable additional deposit will be applied
to the purchase price if the sales transaction closes.
POSSESSION: Possession will be granted upon recording of the Special Warranty Deed and
any other closing documents required.
FORFEITURE OF
DEPOSIT: In the event buyer withdraws its approved bid, or fails to comply with any of
the terms of this Agreement, ADOT is hereby entitled to retain the deposit as
liquidated damages and buyer forfeits its right to the property.
NON-ASSIGNABILITY: This Purchase Agreement and any escrow instructions arising therefrom are
not assignable until the escrow has closed.
ENVIRONMENTAL
RELEASE: Purchasers for the purchase of excess land must sign an Environmental
Release form.
DISCLAIMER OF
WARRANTIES: The State of Arizona, acting by and thru its Department of Transportation will
convey by Special Warranty Deed only what right, title, and interest it has in
the property and does not warrant marketability, sufficiency or color of title,
ingress or egress to the property, zoning, utilities, or the ground location of
property lines other than monumented highway right of way lines. The
property is subject to all valid rights, exceptions and/or reservations (in
accordance with Arizona Revised Statute 28-7210), whether or not these
matters are of public record. Access to any existing utilities will be by way of
what is existing at the time of this conveyance and shall be the responsibility
of the Purchaser herein and the public or utility companies to show where
that access is located. The obligation is upon the buyer to do their due
diligence, to examine to their satisfaction the status of all matters affecting
the property including the accuracy of title, boundaries, zoning, and physical
conditions. If agricultural irrigation is to be supplied, the cost of extending
service to the property is totally and expressly the cost of purchaser. It is
understood that this Disclaimer of Warranties shall remain in full force and
effect regardless of the language contained in any subsequent closing
documents or deeds.

RELEASE
FACILITY SITE NO. 1-50
STATE OF ARIZONA )
) SS
County of Maricopa
The State of Arizona, acting by and thru its Department of Transportation (Seller) and Maricopa
County, a political subdivision of the State of Arizona (Buyer) have entered into a purchase and sale
agreement (the Contract) dated , 2018 and concerning the real property
described in Exhibit A together with any improvements thereon.
The Contract requires Buyer release Seller of and from all liabilities, obligations and claims, known
and unknown, that Buyer may now have against Seller or that may arise in the future based in whole
or in part upon the presence of toxic or hazardous substances or other environmental contamination
on or within the Property.
Therefore, in return for sale of the Property and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Buyer agrees as follows:
Buyer hereby releases Seller of and from a) any and all claims, demands, causes of action, losses,
damages, liabilities, costs and expenses of any kind, known or unknown, past, present or future
relating to the Property arising out of any violation of any law, statute, ordinance, rule regulation order
of determination of any governmental authority pertaining to health or environment and b) all matters
known or unknown, past, present, or future, relating to any act, omission, event or circumstance
related to hazardous substances or environmental contamination within, on, or released from the
Property.
Buyer's agreement to release Seller is a material portion of the consideration for conveyance of the
Property by Seller to Buyer.
The terms and provisions of this Release shall run with the Property and shall be binding upon Buyer
and Buyer's successors in interest.
Executed this day of , 2018.
Purchaser: Maricopa County, a political subdivision of the State of Arizona
By
Steve Chucri
Its: Chairman, Board of Supervisors
ATTEST: APPROVED AS TO FORM:
Clerk of the Board Date Deputy County Attorney Date
3

ACKNOWLEDGEMENT
ATTACHED TO
RELEASE
FACILITY SITE NO. 1-50
STATE OF ARIZONA
County of Maricopa
The foregoing instrument was acknowledged before me this day of , 2018, by
Steve Chucri, the Chairman of the Maricopa County Board of Supervisors, who acknowledged
that he executed this instrument for the purposes therein contained.
IN WITNESS WHEREOF, 1 have set my hand and official seal.
Notary Public in and for said County and State
My commission expires:
4

EXHIBIT "A"
TRACT NO. 1:
That portion of land situated in the Southeast one-quarter (SE) of Section thirty-four (34), Township
One (I) North, Range Five (5) East of the Gila and Sall River Base Meridian, Maricopa County, Arizona,
described as follows:
Commencing at the Southeast corner of said Section Thirty-four (34);
THENCE along the East line of said Section Thirty-four (34), North 01°24'37" East a distance of 1319.33
feet to the Northeast corner of the South one-half of' the Southeast one-quarter (S'A of SE1/4) of said
Section Thirty-four (34);
THENCE along the North line or said South one-half or the Southeast one-quarter (SY2 of SBA) of said
Section Thirty-four (34), North 88°50'42" West a distance of 140.24 feet to the TRUE POINT OF
BEGINNING, said point being on the Westerly right of way line of South Mesa Drive and also a point on
a curve concave Northwesterly, having a radius of 1045.00 feet, a radial line or said curve to said point
bears South 65°16'51" East;
THENCE Southwesterly along said curve and also along said right of way line, a distance of 364.90 feet,
through a central angle of 20 000 124" to the beginning of a reverse curve, concave Southeasterly, having a
radius of 1155.00 feet;
THENCE Southeasterly along said curve, a distance of 117.44 feet, through a central angle of 05 049 133"
to the Easterly prolongation of the Southerly line of the land described in Maricopa County Records
document number 83-038183;
THENCE along said Easterly prolongation, North 88°50'42" West a distance of 74.79 feet to the
Southeast corner of said land, said corner being on a curve concave Southeasterly, having a radius of
1215.00 feet, a radial line to said corner bears North 53°15'34" West;
THENCE along the Easterly line of said land and along said curve a distance of 136.83 feet through a
central angle of 06°27'09" to the Northeast corner of said land, a radial line to said corner bears North
46°48'25" West;
(continued)
PaGteE 1
PROJECT: F. S.1 -50 LOCATION: Mesa N1VD PARCEL: L-C-045
SR 08-13-2018

THENCE along the North line of said land and its Westerly prolongation, North 88°50'42" West 350.00
feet to the Easterly line of an Easement for Public Utilities described in Maricopa County Records
document number 83-085123, said line having a bearing and distance of South 32°38'30" West 413.64
feet;
THENCE along said line North 32°38'30" East a distance of 152,42 feet to the beginning of a curve
concave Westerly, having a radius of 218,08 feet;
THENCE along said curve and its Northerly prolongation, a distance of 119.85 feet (119.84 feet rec.),
through a central angle of 31°29'17" (31°29'12" rec.) to the end of said curve;
THENCE North 01°09'18" East (North 10 009118" East ree,) a distance of 41.11 feet to the North line of
said South one-half of the Southeast one-quarter (SY2 of SEX) of Section Thirty-four (34);
THENCE along said line, South 88°50'42" East a distance of 504.57 feet to the TRUE POINT OF
BEGINNING.
139,540 square feet, more or less.
TOGETHER with an Ingress and Egress Easement described as follows:
A portion of land described in the Public Utilities Easement, Maricopa County Records document number
83-085123, Parcel Number 2, and its Northerly and Southerly prolongations more particularly described
as follows:
Commencing at the Southeast corner of said Section Thirty-four (34);
THENCE along the East line of said Section Thirty-four (34), North 01°24'37" East 1319.33 feet to the
Northeast corner of said South one-half of the Southeast one-quarter (TA of SEX) of Section Thirty-four
(34);
THENCE along the North line of said South one-half of the Southeast one-quaiter (S1/2 of SEX) of Section
Thirty-four (34), North 88°50'42" West 140.24 feet to a point on the Westerly right of way line of South
Mesa Drive and also a point on a curve concave Northwesterly, having a radius of 1045.00 feet, a radial
line of said curve to said point bears South 65°1651" East;
THENCE Southwesterly along said curve and along said right of way line, 90.43 feet, through a central
angle of 04°57 130" to the Southeasterly line of an Easement for Public Utilities described in Marieopa
County Records document number 83-085123, said line having a bearing and distance of North 61 059 136"
West 31,05 feet;
(continued)
PAeiE 2
PROJECT: F. S. 1-50 LOCATION: Mesa MVD PARCEL: LC-045
Disposal SR 08-13-2018

THENCE along the various courses of said Easement, North 61°59'36" West 31.05 feet, to the beginning
of a curve concave Southwesterly and haying a radius of 148.73 feet;
THENCE Northwesterly along said curve 69.70 feet, through a central angle 01'26°51'06";
THENCE North 88°50'42" West 370.07 feet to the TRUE POINT OF BEGINNING, said point being on a
curve concave Westerly, having a radius of 218.08 feet, a radial line of said curve to said point bears
South 86°1214" East;
THENCE continuing along said Easement, Southwesterly along said curve 109.79 feet through a central
angle of 28°50'44" to the end of said curve;
THENCE South 32°38'30" West 413.64 feet to the beginning of a curve concave Easterly and having a
radius of 181.92 feet;
THENCE Southerly along said curve 104.92 feet, through a central angle of 33°02'42" to the end of said
curve;
THENCE South 00'24'12" East 97.29 feet to a line 30.00 feet Northerly of and parallel with the North line
of BASELINE COMMERCE CENTER AMENDED, Maricopa County Records Book 254, Page 37;
THENCE along said line North 88°57'04" West 51,18 feet to the Southerly prolongation of the westerly
line of said Easement for Public Utilities having a bearing and distance of North 02°25'06" East 106.92
feet;
THENCE along said line, North 02°25'06" East 107.36 feet to the beginning of a curve concave Easterly,
having a radius of 228.08 feet;
THENCE Northerly along said curve 120,31 feet, through a central angle of 30°13'24" to the end of said
curve;
THENCE North 32'3830" East 413.64 feet to the beginning of a curve concave Westerly, haying a radius
of 171.92 feet;
THENCE Northerly along said curve and its Northerly prolongation, 94.48 feet, through a central angle of
31°29'21" to the end of said curve;
THENCE North 10'09'18" East 41.11 feet to said North line of the South one-half of the Southeast one-
quarter (53/2 of SEA) of Section Thirty-four (34);
(continued)
PAQE, 3
PROJECT: F, S. 1-50 LOCATION: Mesa MVD PARCEL: L -C -0115
Disposal SR 08-13-.2018

THENCE along said line, South 88°50'42" East 46,16 feet;
THENCE South 01°09'18" West 41.11 feet to the beginning of a curve concave Westerly, having a radius
of 218.08 feet;
THENCE Southerly along said curve 10.05 feet, through a central angle of 02°3828" to the TRUE POINT
OF BEGINNING.
TRACT NO 2:
A parcel of land situated in the Southeast quarter (SE1/4) of Section 34, Township 1 North, Range 5 East,
Gila and Salt River Meridian, Maricopa County, Arizona, and being more particularly described as
follows:
Commencing at the Southeast corner of said Section 34;
thence North 01°24'47" East along the East line of said Section 34, a distance of 1319.08 feet to a point,
said point being the Northeast corner of the South half of the Southeast quarter (S MIN) of said Section
34;
thence North 88°50'42" West along the North line of said South half of the Southeast quarter (SY2SE1/4) of
Section 34, a distance of 140.31 feet to a point on the westerly right-of-way line of South Mesa Drive and
also a point on a non-tangent curve to the right concave northwesterly, having a radius of 1045.00 feet and
a radial point which bears North 65'16'29" West;
thence southwesterly along the arc of said curve and also along said right-of-way line, through a central
angle of 19°59'34", a distance of 364.64 feet to a point on the beginning of a tangent curve to the left,
concave southeasterly and having a radius of 1155.00 feet;
thence southwesterly along the arc of said curve, through a central angle of 01°32'44", a distance of 31.16
feet to a point;
thence North 46°49'39" West, a distance of 60.00 feet to the TRUE POINT OF BEGINNING, said point
being on a non-tangent curve to the left, concave southeasterly, having a radius of 1215,00 feet and a
radial point which bears South 46°49'39" East;
thence southwesterly along the arc of said curve, through a central angle of 06°27'09", a distance of 136.83
feet to a point;
(continued)
PikEE 4
PROJECT: F. S. 1-50 LOCATION: Mesa MVD PARCEL: L-C-045
Disposal SR 08 - 13 -2018

thence North 88°50'42" West, a distance of 329.42 feet to a point. ),
thence North 32°38'30" 'East, a distance of 125,00 feet to a point;
thenee.South 88°5042" East, a distance of 349.82 feet to the TRUE POINT OF BEGINNING.
36026 scplate feet, more or less.
TOGETHER with (1) the right to use the parking lot located immediately northerly of the above described
parcel of land for parking and (2) the right to have ingress and egress to and from South Mesa Drive to
said parking lot.
GRANTOR. RESERVES unto the public and various utility companies, easements for existing utilities,
if any, within the above described property, in accordance with Arizona Revised Statute 28-7210, Access
to the existing utilities will be by way of What exists at the time of this conveyance and shall be the
responsibility or the Grantee herein and of the public or utility companies to show where that access is
located..
PE 5
PROJECT: F. S. 1-50 LOCATTON: Mesa MVD PARCEL: L-C-045
Disposal SR 0943-2018