C. DD-10839.PDF

Maricopa County — Formal (2017-11-08)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Fidelity National Title Agency, Inc. Date 10-19-2017
Address 60 E. Rio Salado Parkway, Suite 1104 Phone (480) 214-4500
City Tempe, AZ 85281 Fax
Escrow Officer Patti Graham
Escrow No. 39005032-039-PG
Grantor: William Lyon Homes, Inc., a California corporation Phone: (480) 850-3756
Address: 8840 E. Chaparral Road, Suite 200 Phone: (480) 839-1000
City Scottsdale, AZ 85250 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 o 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)
of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
LI Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
0 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 0
Exhibit "B"
Total Closing Costs Entry Agreement Yes Li No
Total Purchase Price $10.00 Addendum attached hereto and made a Yes Li 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.
The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated
described in Exhibit "A", shown on Exhibit "B" 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 the acceptance of delivery and possession by its BOARD OF SUPERVISORS.
Project: TL008— Happy Valley Rd PCN: TL008 —Z200183
Assessor Parcel No.: 503-53-022F (Portion) Item No DID-10839
Right of Way Agent: J.R. Williams Telephone # (602) 506-4893

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 MAR ICOPA 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 IVIARICOPA 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 IVIARICOPA 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. MARICOPA 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 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: William Lyon Homes, Inc., a RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Califo •- orporation
40Ir-
W1 f /drIt ,
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
U 10 - 4))ttlEts ,
Senior Vice President OF TRANSPORTATION SUPERVISORS
Its:
(Title)
Branch-Man-qer itt/'Uev Chairman of the Board
/6 2(Q// 7 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

HAPPY VALLEY ROAD ALIGNMENT
LEGAL DESCRIPTION
A PORTION OF THE SOUTH HALF OF SECTION 3 AND THE NORTH HALF or SECTION 10, TOWNSHIP 4
NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND IVIERIDIAN, MARICOPA COUNTY,
ARIZONA, DESCRIBED AS FOLLOWS;
COMMENCING AT A BRASS CAP IN A HANOI-IDLE AT THE SOUTHEAST CORNER OF SAID SECTION 3
ALSO BEING THE NORTHEAST CORNER OF .SAID SECTION 10, SAID POINT BEING THE INTERSECTION OF
HAPPY VALLEY ROAD AND DYSART ROAD;
THENCE WESTERLY ALONG THE 'CENTERLINE OF SAID HAPPY VALLEY ROAD AND ALONG THE
SOUTH LINE or SAID SECTION '3, NORTH 89 058'20'' WEST (R&M), A DISTANCE or 1,774.89 FEET (M) TO
A POINT OF INTERSECTION WITH TI IF CENTERLINE OF NORTH EL GRANADi‘k BOULEVARD;
THENCE CONTINUING ALONG SAID CENTERLINE OF HAPPY VALLEY ROAD AND ALONG SAID SOUTH LINE
OF SECTION 3, NORTH 89°S8'20" WEST (R&M), A DISTANCE OF 77,.99 FEET (R) TO A POINT OF
TERMINUS OF SAW CENTERLINE OF HAPPY VALLEY ROAD, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 00°01'40" WEST (11), A DISTANCE OF 65.00 FEET(C) TO A POINT ON THE SOUTH RIGHT-
OF-WAY LINE OF SAID HAPPY VALLEY ROAD;
THENCE NORTH 895820" WES= A DISTANCE OF 239.70 FEET(C) TO THE POINT OF BEGINNING OF A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1,335.00 FEET(C) AND. A CENTRAL ANGLE OF
22'05'1411(C);
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 514.64 FEET(C) TO A POINT OF
TANGENCY;
THENCE ALONG SAID TANGENT LINE, SOUTH 67°56'26" WEST(C), A DISTANCE OF 2,084.95 FEET(C) TO
THE POINT OF BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1,465.00
FEET(C) AND A CENTRAL ANGLE OF 18.5535w;
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 483.94 FEET(C) TO A POINT OF
TANGENCY;
THENCE ALONG SAID TANGENT LINE, SOUTH 8652'02" WEST, A DISTANCE OF 254.27 FEET(C) TO A
POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 10;
THENCE NORTH ALONG SAID NORTH-SOUTH CENTERLINE, NORTH 00°20 104" WEST (R) NORTH
0019'42" WEST (M), A DISTANCE OF 130,16 FEET(C);
Page 1 of

THENCE DEPARTING SAID NORTH-SOUTH CENTERLINE, NORTH 86°5202" EAST(C), A DISTANCE OF
247,90 FEETM TO THE POINT OF BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF
1,335,00 FEET(C) AND A CENTRAL ANGLE OF 18°55'35"(C);
THENCE ALONG THE ARC .OF SAID CURVE TO THE LEFT, A DISTANCE OF 440,99 FEET) TO A POINT OF
TANGENCY;
THENCE ALONG SAID TANGENT LINE, NORTH 67°5626" EAST(C), A DISTANCE OF 2,084.95 FEET(C) TO
THE POINT OF BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1,465,00 FEET(C)
AND A CENTRAL ANGLE OF 22°05'14"(C);
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 564.75 FEET(C) TO A POINT OF
TANGENCY;
THENCE ALONG SAID TANGENT LINE, SOUTH 89°58'20" EAST(C), A DISTANCE OF 239,70 FEET(C) TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID HAPPY VALLEY ROAD;
THENCE LEAVING SAID RIGHT-OF-WAY, SOUTH 00001 140" WEST(R), A DISTANCE OF 65.00 FEET{C} TO
THE TRUE POINT OF BEGINNING,
CONTAINING 465,125 SQUARE FEET OR 10.68 ACRES, MORE OR LESS
Nge 2 of

N89'58'20"W 1352.38 LENGTH 2084,95' 239.70' 65.00' 251,08' 2084.95r 239.70''
P08
TABLE 20"E 26"E
LINE DIRECTION N67°56'26"E S39°58' 500°01'40'W N8652"02E 6756'
N
LINE # L7
LENGTH 65.00' 239.70' 2084195' 254.27' 130.16' 247.90'
TABLE W 02"W 9'42T'W
LINE DIRECTION 50001'40"W N39°58/20"W S57°56'26' SB6'52 N001 N86'52'02"E
LINE # Li
DELTA 013'5536' 01855'35" 022'051 018'55'35"
TA LE RADIUS 1335.00' 1465.00' 1465.00' 14-00.00' 1400.00'
CURVE LENGTH 514.64' 483.94' 440.99' 564.75' 539.69' 462.46'
#
CURVE
HOP 10011S-17-1761,0060 £ 110