G. DD-10838.PDF

Maricopa County — Formal (2018-01-17)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company First American Title Date December 7, 2017
Address 7310 N. 16th Street Phone 602-943-0184
City Phoenix, AZ 85020 Fax
Escrow Officer
Escrow No. 73500926-035-0IW
Marc E. Poulsen and Shannon C. Poulsen, as Trustees of the Poulsen
Grantor: Family Trust, dated February 24, 2015 Phone: 480-694-8559
Address: 2739 E. Vista Verde Ct. Phone:
City Gilbert, AZ 85298 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 Charges and Disbursements to be paid from Grantor's funds as
deposit with the Title Company if escrowed, the purchase price follows (check all that apply):
plus all lawful costs incidental to closing as follows:
Escrow Fees 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.
LIII Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
Other Disbursements:
Sub Total
Title Report Credit
Land & 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 El No D
Exhibit "B"
Total Closing Costs Entry Agreement Yes D No El
Total Purchase Price $10.00 Addendum attached hereto and made a Yes D No El
TOTAL WARRANT** part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
Project: TT0008 — Right of Way Dedication Power Road PCN: TT0008
Assessor Parcel No.: 304-88-121 (Portion of) Item No DD-10838
Right of Way Agent: Steven Warburton Telephone # 602-506-4746

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.
The Escrow Agent is to withhold $ 0.00 as a security deposit pending satisfactory delivery of the subject property to MARICOPA COUNTY by the
Grantor. Grantor agrees MARICOPA COUNTY may apply the security deposit to payment of any unpaid rents due MARICOPA COUNTY from the
Grantor, or to payment for any loss or damage sustained by MARICOPA COUNTY caused by the Grantor after the date of this agreement. MARICOPA
COUNTY will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after
acceptance of delivery and possession of the subject property.
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 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 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 manner proposed by MARICOPA COUNTY.
If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate such
improvements not later than 30 days from the date of payment. Grantor assumes all liability connected with said removal. It is further agreed that upon
expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of
MARICOPA COUNTY and all rights of the Grantor to said improvements shall cease and terminate. Grantor shall be liable for the reasonable costs
incurred in removing said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the Grantor's remaining lands
where necessary to accomplish the purpose of this agreement.
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. IVIARICOPA 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 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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Marc E. Poulsen and Shannon C. Paulsen, as
Trustees of the Poulsen Family Trust, dated
February 24, 2015
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
M 6 E. Poulson, as Tr stee
VVM/IYI Cc '
Shannon C. Pouisen, s Trustee
Real-Pr-operly-Wanch Manager - Chairman of the Board
7.7(fr---1 ,f-- LA-,dy v4-5 dr'
/42. 7/0 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
S/CS Revised 10/6/2009

EXHIBIT A
LEGAL DESCRIPTION FOR 7' POWER ROAD RIGHT OF WAY DEDICATION
LOCATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 2 SOUTH, RANGE 6
EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, FROM WHICH THE SOUTHEAST CORNER OF SAID
SECTION BEARS SOUTH 00 DEGREES 06 MINUTES 10 SECONDS WEST, 2,711.31 FEET, THENCE SOUTH 00
DEGREES 06 MINUTES 10 SECONDS WEST, 1,578.16 FEET ALONG SAID EAST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION;
THENCE DEPARTING SAID EAST LINE SOUTH 89 DEGREES 59 MINUTES 19 SECONDS WEST, 33.00 FEET TO
A POINT ON THE WESTERLY RIGHT OF WAY LINE OF POWER ROAD AND THE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 06 MINUTES 10 SECONDS WEST, 120.04 FEET ALONG A LINE 33.00' WEST
OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 36;
THENCE SOUTH 89 DEGREES 59 MINUTES 20 SECONDS WEST, 7.00 FEET;
THENCE NORTH 00 DEGREES 06 MINUTES 10 SECONDS EAST, 120.04 FEET ALONG A LINE 40.00 FEET
WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 36;
THENCE NORTH 89 DEGREES 59 MINUTES 19 SECONDS EAST, 7.00 FEET TO THE POINT OF BEGINNING;
AREA OF THE DESCRIBED PARCEL BEING 840,28..-1(---- ). Mit-FEET. -
EXPIRES 09110/20ao

POINT OF COMMENCEMENT RIGGS ROAD
EAST QUARTER CORNER OF
SECTION 36, TOWNSHIP 2 SOUTH,
RANGE 6 EAST OF THE GILA AND
SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA
47 I
85'142
AZ,
GRAPHIC SCALE
0 10 20 CREEK,
QUEEN 40' RAN
ROAD,
POWER
EXPIRES 09/1012020
7.0' I 33.00'
S89.59'20" W 200.00 1 •-••"—
EAST QUARTER CORNER OF
SECTION 36, TOWNSHIP 2 SOUTH,
RANGE 6 EAST OF THE GILA AND
CASE# Z2015029 SALT RIVER BASE AND MERIDIAN, ----2-7-1464 HUNT HIGHWAY
B201701140 MARICOPA COUNTY, ARIZONA
CLIENT/PROJECT D & M ENGINEERING
UNDER PRESSURE PLUMBING Duran Thompson, P,E.
MR. & MRS. MARC POULSEN SHEET ci Tempe, 1020 East AZ Gilbert 85281 Drive, Suite D
TITLE 1 OF 1 Ph: (480) 350-9590
Fax: (480) 350-9436
RIGHT OF WAY EXHIBIT engineeredmengineer.corn

Exhibit "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 304-88-121 (Portion of)
Project No.: TT0008 Power Road
Item No. : DD-10838
Zoning Case No: Z2015029
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 described in Exhibit "A" for the general welfare and benefit of
the public.
B. To pay the Grantor the sum TEN and no/100 dollars ($10.00) 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 andvbenefit 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.
GRANTOR (id DATE 17 -II 1/
GRANTOR DATE 1,)-- I / 7
EXHIBIT "B"