D. D23326.PDF

Maricopa County — Formal (2017-12-13)

View PDF Item 62 Meeting page

Extracted text (via pymupdf_layout) 14381 characters
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Security Title Agency, Inc. Date November 30, 2017
Address 4722 North 24th Street, Suite 200 Phone 602-230-6235
City Phoenix, Arizona 85016 Fax 602-230-6256
Escrow Officer Bianca Gonzales
Escrow No. 15150503-015-BG
Maricopa County Municipal Water Conservation District Number One, a
Grantor: political subdivision of the State of Arizona Contact Debbie Trasancos
Address: 14825 West Grand Avenue 623-546-8266
City Surprise, Arizona 85374 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 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 El 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 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.
Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
111 Other Disbursements:
Sub Total
Title Report Credit
Drainage Easement $4,175.00 Possession date:
Severance Damages Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes El No 111
Exhibit "B"
Total Closing Costs Entry Agreement Yes 111 No El
Total Purchase Price $4,175.00 Addendum attached hereto and made a Yes El No Z
TOTAL WARRANT** part hereof
*Escrow and title policy fees based on this amount only.
'Sum of "Total Closing Costs" and "Total Purchase Price" only.
The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated November
30, 2017 described in Exhibit "A" 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
the acceptance of delivery and possession by its BOARD OF SUPERVISORS.
Project: Olive Avenue (Citrus Road to Cotton Lane) PCN: TT0497
Assessor Parcel No.: 502-83-320A Item No D23326
Right of Way Agent: Jennifer Rodriguez Telephone # 602-506-4897

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 - Public Works 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.
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 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
IVIARLCOPA 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. MARICORA 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: Maricopa County Municipal RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Water Conservation District Number One,
a political subdivision pfthe State of MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
Arizona OF TRANSPORTATION SUPERVISORS
Reat-Rreperly-Branch Mari a—g-er ' Chairman of the Board
Rfoir 6.)
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
GS/CS Revised 101612009

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 502-83-320A
Project No: TT0497 Olive Avenue (Citrus Road to Cotton Lane)
Item No: D23326
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 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 Grantors the sum of Four Thousand One Hundred Seventy Five Dollars and 00/100
Dollars ($4,175.00) as payment full for the Drainage Easement.
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. TT0497 Olive Avenue
(Citrus Road to Cotton Lane) will be charged to the Grantor.
THE GRANTORS AGREE:
1. To accept the sum of Four Thousand One Hundred Seventy Five Dollars and 00/100 Dollars
($4,175.00) as payment in full for the property described herein.
2. 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" and "D" above.
3. That, upon the Grantor's signing of the Drainage Easement, the County and/or its agents shall have
immediate use of the property described herein.
GRANTOR r'%--/ DATE t GRANTOR DATE
EXHIBIT "B"

Parcel No 502-83-320A
Project No. TT497
OLIVE AVENUE
CITRUS ROAD TO COTTON LANE
Item No D23326-
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENTS
A portion of Tract C of Zanjero Pass Parcel 1-3 Phase 2-4, MCR Book 979, Page 26, a subdivision lying within
the West half of Section 26, Township 3 North, Range 2 West of the Gila and Salt River Meridian, Maricopa
County, Arizona. Said portion more particularly described as follows:
Parcel di
COMMENCING at the Southwest corner of the Southwest quarter of said Section 26, from which the South
quarter corner bears South 89°57'33"E, a distance of 2,639,87 feet and from which the West quarter corner
bears North 00°23'37" East, a distance of 2,633.01 feet; thence along the South line of said Southwest quarter,
South 89°57'33" East a distance of 820.40 feet; thence leaving said South line, North 00 002 127" East a
distance of 70,00 feet to a point on the North fine of the South 70.00 feet of the said Southwest quarter and
also the POINT OF BEGINNING; thence along said North line, South 89°57'33" East a distance of 115.65 feet;
thence leaving said North line, North 45°09'49" East, a distance of 17.01 feet to a point on the North line of the
South 82.00 feet of the said Southwest quarter; thence along last said North line, North 89°57'33" West a
distance of 127.70 feet; thence South 00°02'27" West, a distance of 12.00 feet to the POINT OF BEGINNING,
containing 1,460 square feet or 0,0335 acres, more or less.
Parcel 2
COMMENCING at the Southwest corner of the Southwest quarter of said Section 26, from which the South
quarter corner bears South 89°57'33"E, a distance of 2,639,87 feet and from which the West quarter corner
bears North 00°23'37" East, a distance of 2,633.01 feet; thence along the South line of the said Southwest
quarter, South 89°57'33" East, a distance of 1319.94 feet; thence leaving said South line, North 00°25'11" East
a distance of 70.00 feet to the Southeast corner of the said Zanier° Pass subdivision, MCR Book 979, Page 26
and the POINT OF BEGINNING; thence along the South line of said Zanjero Pass subdivision, North
89°57'33" West a distance of 284.27 feet; thence North 44°57'33" West, a distance of 16.97 feet;
thence South 89°57'33" East, a distance of 296.35 feet; thence South 00°25'11" West, a distance of 12.00 feet
to the POINT OF BEGINNING, containing 3,484 square feet or 0.0800 acres, more or less.
The two above described parcels combined contain 4,944 square feet or 0.1135 acres, more or less.
4, I' 0 l• 7 , A
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 01,6>IN',
Prelim: 01122/16 Chk: Appr:
Rev: 07/26116 pa; 03/09/17 rib; 08/03/17 :lb EXPIRES 121
Maricopa County Public Works - Real Estate Division
GRANTOR DATE t
EXHIBIT "A"
Page 1 of 1

TOTAL PARCEL PARCEL PARCEL N N89°57133W S00°02'27rW
DRAINAGE 2: 1: ( 7 2 S89°57 133"E --,S89°57 820.40' PCB 1200' ,
DRAINAGE DRAINAGE N . N00°0227"E 1331E .155.59'
300°25'11"W DE AVENUE - DE
AREAS AREA AREA N00°2511'E N89°57'33"W 820.40' 70.00' MOM
(DE): (DE): 12.00' 296,35, MCMWCD DE PARCEL 502-83-320A #1 \MCD D23326
S89'57'331 70.00' 284.27' S89°57'33"E 502-83-320 D23326 1 DETAIL.1
4,944 3,484 1,460 #1 \ N00'0227"E S89°57'33"E ,N45°09'49rE N89°57133'W PARCEL
OLIVE
SQUARE SQUARE SQUARE 70.00' 115,65' 127.70' 1
OLIVE AVENUE
FEET FEET FEET ---7:7789°57 PCB
or or or AVENUE FOB
0.1135 0.0800 0.0335 %JO— ) MOM
133"E 502-83-320A WOO D23326
ACRES ACRES ACRES PARCEL #1
1,319.94
MORE MORE MORE \ laces=1:111 2
OR OR OR Is=1 PARCEL
LESS, LESS. LESS. S89°57'33"E 2
DETA111-2 FOB N89°57'33"W N44°57'33"W
EXPIRES N00°2511"E z 18.97' 1 296.35 —\ DE
‘716.32,17' 284.27'
/ 12 7, GREEN KENNETH 22260 rIFICArq\.,; . 70.00' I 1
31 ,zef/4 W. N.T.S.
2017
ITEM No. D23326- 2