C. D23423.PDF

Maricopa County — Formal (2018-03-21)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company North American Title Insurance Company Date November 20, 2017
Address 3200 E. Camelback Road, Suite 200 Phone 480-596-5022
City Phoenix, AZ 85018 Fax 480-596-5031
Escrow Officer Mark Osborn Email mosborn@nat.corn
Escrow No. 29400-17-84075
Grantor: Alex P. Hirsbriumer and Theresa B. Hirsbrunner, husband and wife Phone: 847-878-7768
Address: 139 N. Maple Avenue Email alex@ahirsbruniier.com
City, State Zip Bloomingdale, IL 60108-1022 Fax:
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 pay directly to the Grantor, or deposit Charges and Disbursements to be paid from Grantor's hinds as follows
with the Title Company if escrowed, the purchase price plus all (check all that apply):
lawful costs incidental to closing as follows:
Escrow Fees TED 111 Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees TED 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 T131:1 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
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 he prorated
Taxes - Prorated regardless of the closing date.
El Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
El Other Disbursements:
Sub Total TED
Title Report Credit
Land* $2,051.00 Possession date:
Improvements* Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes 1E] No El
Exhibit "B"
Total Closing Costs TED Entry Agreement YesEl No Ej
Total Purchase Price $2,051.00 Addendum attached hereto and made a YesEl No El
TOTAL WARRANT** TBD part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
Project: Miller Road Improvements (I-10 to 1 Mile North) PCN: TT0338
Assessor Parcel No.: 504-18-002D Item No D23423
Right of Way Agent: Tangella Diaz Telephone # 602-506-4883
Page 1 of 3

The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibil(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
MAR1COPA 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, anti
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 cheek; 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 °film 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 IvIARICOPA COUNTY Real Estate Department 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 Rinds collected from MAR1COPA 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.
Maricopa County 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 any element of this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and payment will he 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 also includes; 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.
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 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:
Alex P. Hirsbrunner and Theresa B, Hirsbrunner, RECOMMENDED FOR APPROVAL; ACCEPTED AND APPROVED:
husband and wife
4,4 MARICOPA- COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
Alex P. Hirsbrunner
0011 1173.ru4tehilanager Chairman of the Board
Theresa B. Hirsbrimner
ATTEST:
Dale
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
RES/ICGR Revised 2/3/2017
Page 2 of 3

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 504-18-002D
Project No.; TT0338
Project Name: Miller Road Improvements
Project Termini: (I-10 to I Mile North)
Item No.: D23423 (SW)
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 agreement.
THE COUNTY OF MARICOVA AGREES:
A. To use the real property described herein for roadway purposes and appurtenances.
B. To pay the Grantors the sum of TWO THOUSAND FIFTY ONE and No/100 DOLLARS ($2,051.00)
as payment in full for the real 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
Grantor except as may be herein otherwise agreed.
D. That no costs relating to construction of roadway improvements on Project No. TT0338 will be charged
to the Grantor.
THE GRANTORS AGREE:
I. 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 for roadway purposes and appurtenances.
2. To accept the sum of TWO THOUSAND F114"TY ONE and No/100 DOLLARS ($2,051.00) as
payment in full for the property described herein.
3. 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.
GRANTORAW/lit DATE •0240/ Zo /If
Page 3 of 3

Parcel No. 504-18-002D
Project No. TT0338
MILLER RD 1-10 TO NATIONAL GUARD BASE
Item No. D23423
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portion of that certain property described in Document 2004-0629252, Records of the Recorder,
Maricopa County, lying within the Northeast Quarter of Section 7, Township 1 North, Range 3 West
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows:
Commencing at the Northeast corner of said Section 7, being a brass cap flush, from which the North
Quarter corner of said Scotian 7, an Arizona Public Service brass cap 0.55 feet up, bears South
89°2P57" West, for a distance of 2709.70 feet;
thence along the East line of said Section 7 South 01001'02" West, for a distance of 129.88 feet;
thence departing said East section line North 88°5858" West, for a distance of 40.00 feet to the West
right of way line of Miller Road and the Point of Beginning;
thence continuing North 88 05858" West, for a distance of 15.00 feet;
thence along a line parallel with and distant Westerly 15.00 feet from said West right of way line North
01°01'02" East, for a distance of 128.29 feet to the North fine of said Section 7;
thence along said North section line North 89°21'57" East, for a distance of 15.01 feet to said West
right of way line;
thence along said West right of way line South 01°01.'02T 1 West, for a distance of 128.72 feet to the
Point of Beginning..
Said parcel contains an area of 1,928 square feet or 0.0443 acres, more or less.
MARICOPA COUNTY. DEPARTM ENT OF TRANSPORTATION
APPr: j. V ô--
Rev:
Ma ricopa County Public Works - Real Estate Division
GRANTORA41/ 111 DATE DO0/ZOP,
WiTIMIT "A"

MILITARY
Not to Scale
N89°21'571/11 2709.70' VAN BUREN ST
SEC LA/
L5
D23423
Alex P Hirsbrunner /
Theresa B Hlrebrunner
504-18-002D
504-18-00211 50448-0101
NO] BEARING LENGTH
Li S 01 001'02"W 129.88'
L2 N 88°58'58" W 40.00'
L3 N 88°58'58" W 15.00'
L4 N 01°01'02" E 128.29'
L5 N 89°21'57" E 15.01'
L6 S 01°01'02" W 128.72'
Total Reqicl. RAN Area: 1,928 square feet or 0,0443 acres
MARICOPA COUNTY
MILLER RD 1-10 TO NATIONAL GUARD BASE
PROJECT No, TT0338 ITEM No. D23423 DATE 03/01/2018 MARICOPA COUNTY R/W AGENT T.D.