D. DD-10856.PDF

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Pioneer Title Agency, Inc. Date August 16, 2018
Address 7310 N. 16th Street, Suite 250 Phone 602-328-8875
City Phoenix Fax
Escrow Officer Linda Duval Email lindarluvaiglAaaz,corn
Escrow No. 76700606
Grantor: Christopher Todd Vistancia, LEE, an Arizona limited liability company Phone: 602-888-7000
Contact: Westland Resources, Attn: Clayton L. Nelsen Direct: 602-888-7305
cneilsen@westlandecsourccs.
Mailing Address: 2020 N. Central Avenue #4695 Email: corn
City, State, Zip Phoenix, AZ 85004 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: Real Estate Division, 2801 W. Durango Street, Phoenix, Arizona 85009
MARICOPA COUNTY shall pay directly to the Grantor, or deposit Charges and Disbursements to be paid from Grantor's funds as follows
with the Title Company if escrowed, the purchase price plus all lawful (check all that apply):
costs incidental to closing as follows:
Escrow Fees LI 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 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
Deed the lien of the current year's taxes in full.
Easement
Mortgage Release El 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 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 the
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.
LI Easement(s): Consent to easement® by secured party (ies).
Total Other Charges
0 Other Disbursements:
Sub Total
Title Report Credit
Land Sc -improvements* $10.00 Possession date: Upon Signature
Severance Damages Close of escrow:
TCE Date of recording:
Cost to Cure
Special Conditions Right of Way Contract Yes ElNo 111
Exhibit "B"
Total Closing Costs*** Entry Agreement Yes El No El
Total Purchase Price $10.00 Addendum attached hereto and made a Yes LI No El
TOTAL WARRANT** $10.00 part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Purchase Price" only.
***All Closing Costs to be paid by Seller.
Project: CTC at Vistancia 11903 Happy Valley Road PCN: 11.008
Assessor Parcel No.: 503-53-010C Item No DD-10856
Right of Way Agent: Wayne Jones - REX Telephone # (602)506-4747

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 to
MARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARTCOPA 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 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. 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 of MARICOPA COUNTY - Real Estate Division 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 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 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 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 manlier 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 MAR1COPA 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 AIRS 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.
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: Christopher Todd Vistancia RECOMMENDED FOR APPROVAL: ACC:EP 1ED AND APPROVED:
By:
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
Its:
Chairman of the Board
Al LEST:
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
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LEGAL DESCRIPTION
CHRISTOPHER TODD COMMUNITIES AT VISTANCIA
HAPPY VALLEY ROAD RIGHT OF WAY
That portion of the Southwest Quarter of Section 1, Township 4 North, Range 1 West of the Gila
and Salt River Meridian, Maricopa, County, Arizona, described as follows,
Commencing at a GLO stone marked "S 114" accepted as the south quarter corner of said
Section 1, from which a GLO stone accepted as the southwest corner of said Section 1 bears
North 89°49'38" West, 2632.38 feet;
Thence North 00 00923" West, along the east line of said Southwest Quarter, 1319.22 feet to
the northeast corner of the of the Southeast Quarter of the Southwest Quarter of said Section 1;
Thence continuing North 00°09'23" West, along said east line, 46.68 feet to the Point of
Beginning, being a point on a non-tangent curve concave to the southeast, the center of which
bears South 08°06'17" East, 402.00 feet;
Thence leaving said east line, southwesterly along said curve through a central angle of
11'28'40", an arc distance of 80.53 feet to the beginning of a reverse curve concave to the
northwest, having a radius of 1565.00 feet;
Thence southwesterly along said curve through a central angle of 19°5326", an arc distance of
543.30 feet;
Thence North 89°49'02" West, along a line being 65.00 feet south of and parallel with the north
line of the Southeast Quarter of the Southwest Quarter of said Section 1, a distance of 6.94 feet;
Thence North 00°10'21" East, 65.00 feet to the north line of the Southeast Quarter of the
Southwest Quarter of said Section 1;
Thence South 89°49'02" East, along said north line, 422.34 feet to a point on a non-tangent
curve concave to the northwest, the center of which bears North 18°15'51" West, 1265.00 feet;
Thence leaving said north line, northeasterly along said curve through a central angle of
09°37'38", an arc distance of 212.55 feet to the east line of said Southwest Quarter;
Thence South 00°09'23" East, along said east line, 37.16 feet to the Point of Beginning.
Containing 23577 square feet or 0.541 acres, more or less.
EXHIBIT "A"

CENTER 1/4 SECTION 1,
T4N, R1W, G.S.R.M
FOUND 1/2" REBAR W/TAG
LS# 12218 & 18214
SCALE: 1"=200'
NORTHWEST CORNER,
SOUTHWEST 1/4, NO*09'23"W
SOUTHWEST 1/4,
SECTION 1,
T4N, R1W, G.S.R.M,
FOUND 3-1/2"
MARICOPA COUNTY
BRASS CAP
P.0.8.
NORTHEAST CORNER
L2 SE 1/4, SW 1/4,
SEC. 1 FOUND
1/2" REBAR
Line Table W/TAG LS# 21001
Line # Length Direction _
P.O.C.
Ll 46.68 NO0 09' 23"W ) SOUTH 1/4 CORNER
SECTION 1, T4N, R1W,
L2 6.94 N89' 49' 02"W G.S.R.M, FOUND GLO
STONE MARKED S 1/4
L3 65.00 NO0' 10' 21"E
L4 422.34 S89" 49' 02"E
L5 37.16 SOO' 09' 23"E
SOUTHWEST
Curve Table CORNER,
SECTION 1,
Curve # Length Radius Delta T4N, R1W,
G.S.R.M, FOUND
Cl 80.53 402.00 11" 28' 40" GLO STONE
C2 543.30 1565.00 19' 53' 26"
C3 212.55 1265.00 9' 37' 38"
JOB NO: 2420177013 EXHIBIT DRAWING SHEET
ENVIRONMENT & INFRASTRUCTURE SOLUTIONS EWE 08/0912018
3630 E. WIER AVENUE SCALE: 1"am200'
PHOENIX, ARIZONA 85040 wood. DRAWN: RFR HAPPY VALLEY ROAD OF
PHONE (602) 437-0687 DESIGN. N/A RIGHT OF WAY
CHECKED: 11113

Exhibit "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 503-53-010C
Project No.: TL008\ 11903 W. Happy Valley Rd.
Item No.: DD-10856 (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 contract.
THE COUNTY OF MARICOPA AGREES:
A. To use the real property desciibed in Exhibit "A" for the general welfare and benefit of the public.
B. To pay the Grantor the sum TEN and no/100 dollars ($11100) as payment in full for the property described
herein.
C. That, if in the opinion of the Transportation Director it becomes necessary, 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 Maricopa County to construct or maintain a roadway
within the Right of Way granted by this document.
3