D. DD10859.PDF

Maricopa County — Formal (2018-09-19)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company First American Title Insurance Company Date
Address 2425 E. Camelback Road, Suite 309 Phone 602-567-8100
City Phoenix, AZ 85016 Fax
Escrow Officer jad Johnson Email jJobnson@firstain.corn
Escrow No. NCS-858334A-PI IX1
Grantor: Elliot Comer, LLC Phone: 623-869-0223
Contact: James Williamson
Mailing Address: 6900 E. 2nd Street Email:
City, State, Zip Scottsdale, AZ 85251 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 D 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 Fecs TED 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 E] Partial Acquisition of Grantrils Property: Partial release of all
Release of Lease. monetary liens and encumbrances, and leases of any kind.
At the discretion of hilarir.opit County, pay due and delinquent
Total Recording Fees TED 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(
of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
El Easement(s): Consent to easerricat(e) by secured party (ies).
Total Other Charges TED
0 Other Disbursements:
Sub Total TED
Title Report Credit Possession date: Upon Signature
Land & Improvements* $10.00 Close of escrow:
Severance Damages Date of recording:
TCF.
Cost to Core
Legal Description Exhibit "A" Yes 1:0 No El
Depiction Exhibit "B" Yes El No El
Total Closing Costs*** Special Conditions Right of Way Contract Yes Egi No [1]
Exhibit "C"
Total Purchase Price $10.09 Special Warranty Deed Exhibit "D" Yes E] No D
TOTAL WARRANT** $10.00
*Escrow and title policy fees based on this amount only.
**Sum of "Total Purchase Price" only.
***All Closing Costs to he paid by Seller.
PrOect: Tuthill Road (south of Elliot Road) PCN; TT0008
Assessor Parcel No.: 400-52-956A Item No DD-10859
Right of Way Agent; Mona Cervantes, SR/WA Telephone # (602)506-5249

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 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 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 fonds 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 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 dosing 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 tide insurance herein are not
applicable.
If this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNIY
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. MAIUCOPA
COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the Grantor's
property caused by IvIARICOPA 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 properly. All claims shall be submitted
in accordance with the requirements of ARS 12-821. Its further understood and agreed that this temporal) , tight will expire
and tettninate thirty 00) 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.
At the close of Escrow, Grantor shall convey to Grantee fee simple title to the Exhibit "A" Subject Property by Special
Warranty Deed, in the form of Exhibit "C" attached hereto, to be recorded at the close of escrow.
Grantee agrees that: the Subject Property shall be purchased in an "as-is" condition; and Grantee is purchasing solely upon the
basis of its own investigation of the Subject Property; and no representations or warranties of any type or nature are being
made by Grantor, including but not limited to any environmental conditions or other matters.
It is hereby disclosed that Stephen R. Smith holds an Arizona real estate brokers license.
2

1:6txtstrti8 Atici Gf4ifOr acknowledge.s that it will use the.SUbject PrOperty fox the upgrade; itim:altation,. construction
and future maintenance of a roadway therein as needed and required -for the general -welfare and benefit of the public,
RECOMMENDED FORAPPROVAL; ACCEPTED AND APPROVED:
MAMOVA _COOKA-V-PAPARTMENT MAIMOPA CCRINTY -FIOARD OF
IMANSPORTATION SUPERVISORS
By; Patrick). IvIcOlociei it:Mailbox
tillialrrngn of the Bokd
.A11 hST:
Approved as to Thrff wthM the
powers grid audrority of the Board of fArtrIc of the Board of SuptrviStirs
SuperviSbrs
Accepted Date
ESCIRO‘tf .
OVPMER
Deputy County Attorney Date Date
3

• Grantee represents arid Grantor acknowledges that it will use the Subject Property for the upgrade, installation, construction
and future maintenance of a roadway therein as needed and required for the general welfare and benefit of the public.
GRANTOR: ELLIOT CORNER, LLC RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
By: MARICOPA COUNTY DEPARTMENT MARlCOPA COUNTY BOARD OF
Stephen R. Smith, Member
OF TRANSPORTATION SUPERVISORS
Affe
By:
Patrick!
Refal ProperWmage 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
3

EXHIBIT W
DESCRIPTION OF RIGHT OF WAY DEDICATION
OVER A POR770N OF A.P.N. 400-52-956A
That portion of the Northeast quarter of the Northeast quarter of the Northeast
quarter of Section 18, Township 1 South, Range 2 West of the Gila and Salt
River Base and Meridian, Mar/cope County, Arizona, being more particularly
described as follows:
COMMENCING at a brass cap stem in handhole marking the Northeast corner of
said Section 18, from which a 3 Inch Madcap° County Department of
Transportation brass cap in handhole stamped 54707, 2017, marking the East
quarter corner of said Section 18 bears South 01 degree 16 minutes 42
seconds East 21 648.79 feet;
THENCE South 01 degree 16 minutes 42 seconds East 662.20 feet along the
East line of said Northeast quarter to the South line of said Northeast quarter
of the Northeast quarter of the Northeast quarter of Section 18;
THENCE South 89 degrees 53 minutes 25 seconds West 40.01 feet along said
South line to the West line of the East 40,00 feet of said Northeast quarter
and THENCE the POINT continuing OF BEGINNING; South 89 degrees 53 minutes 25 seconds West 25.01 feet
along said South line to the West line of the East 65.00 feet of said Northeast
quarter; THENCE North 01 degree 16 minutes 42 seconds West 220.05 feet along said
West THENCE line; North 89 degrees 53 minutes 25 seconds East 25.01 feet to said West
line of the East 40.00 feet of said Northeast quarter;
THENCE South 01 degree 16 minutes 42 seconds East 220.05 feet along said
West line to the POINT OF BEGINNING.
COMPRISING 0.126 acres or 5,501 square feet more or less, subject to all
easements of record.
LAND
44eiCA7.047P
41 0 42 .137 °
DAVID S,
KLEIN
9'S 9/4/18 2122 W. Lone Cactus Dr.
Ste, 11, Phoenix, AZ 85027
623-869-0223 (office)
623-869-0726 (fax)
www.superiorsurveying,corn
SURVEYING SERVICES, INC. infoasuperiorsurveying.corn
DATE: 9/4/18 JOB NO.: 110828

11
Ste.
LENGTH 40.01' 25.01' 220.05' 25.01' 220.05' Dr., 85027 (office) (fax)
W W W E E Cactus AZ www.superiorsurveying.corn info@superiorsurveying.com
TABLE - B.C.HH. Lone 623-869-0223 623-869-0726 170828
HH. BEARINGS 89'53'25" 89'53'25" 0176'42" 89'53'25 01'16'42" 18 T. Phoenix, NO.:
18 IN LINE SEC. 0. W.
SEC. STEM S S N N S COR. R-2W C.D. 2122 JOB
R-2W M. I
COR. S, ac. LINE LI L2 L3 L4 L5 1/4 3-
E. T-15, FD. 1NC.
NE. T-1 FD.
SERVICES,
40. SUMO!!
914118
SURVEYING
OF DATE:
BEGINNING
POINT
OF DEDICATION
DEDICATION 400-52-956A RIGHT
73ff WAY OF 400-52-956A '4 1/4,
WAY A.P.N. 25 PORT/ON NE. 1 NE. SCALE
OF OF A.P.N. LINE, 1/4, 18 II TO
EXHIBIT RIGHT S. NE. SEC. NOT
OF PORTON
DEPICTION A
OVER

Exhibit
RIGHT OF WAY AGREEMENT
Pa.rcel 400-52-956A
Project No "110008 Tuthill Road (South of Elliot Road)
Item No DD-10859 (Me) — 20,17105
WHEREAS in consideration hereinafier set forth, it is agreed, that this instrutnent contains the entire
agreement between the Grantor and Maricopa County. No father consideration is being paid than described. in
this contract.
TVIE COUNTY OF MARICOPA AGREES:
A. To use the keal ptopetty described itiRyhibit "A," kr the general Ncrelfge and benefit Of the public.
B. To pay the Grantor tlie suit TEN And no/100 doliAts ($1'0.00) as payment-in full for the property described
C. That, herein. if in the opinion of TranspOrtation D.irector it becomes ii&-csAty, private structures will be
relocated id'Iritid to the anntoes property, dear of the property described h&ein, at no expense to the
County.
Tag (.410.KroA AE&
1. To grant a Special Warranty Deed fOr-the ieafptopttty Fahibit "A'i to :the Connv of MAticopa
for the '.00±A1vielf40 and benefit the dollars pnblic ($10.00) as payment in full for the property described herein.
2: To accept die-sum of TEN and no/100 .obligates Maricopa County to consri4iet or rnAiritaill a roadway
3. That acceptance of this:propertyln..no way
within the Right of Way granted by thia cTandot,
4

Exhibit "D"
SPECIAL WARRANTY DEED
Parcel No.: 400-52-956A
Project No,: TT0008
Project Name: MC85
Project Termini: Tuthill Road (south of Elliot Road)
Item No.: DD10859 (MC)
For the consideration of TEN and No/100 DOLLARS ($10.00) Elliot Corner, LLC, an
Arizona limited liability company, do hereby convey to Maricopa County, a political
subdivision of the State of Arizona, the following real property situated in Maricopa County,
Arizona:
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION
Subject to current taxes and other assessments, reservations in patents and all easements, rights
of way, encumbrances, liens, covenants, restrictions, obligations and liabilities as may appear of
record and all other matters that a survey or visual inspection will disclose, the. GRANTOR
warrants the title against all acts of the Grantor herein and no other.