Extracted text (via pymupdf_layout)
10787 characters
Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company — North American Title Company Date Address 14635 N Kierland, Suite 110 Phone 602-294-2505 City Scottsdale, AZ 85254 Fax Escrow Officer Mark Osborn Email mosbom@nat.com Escrow No. 29400-17-84474 Grantor: Don G. Peters, Trustee of the Don 0. Peters Trust dated October 5, 2005 Phone: Address: 2824 N Power Road Email City, State Zip Mesa, AZ 85215 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 (check all that apply): lawful costs incidental to closing as follows: 1 1 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 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 Release Pees 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. El Drainage Easement: Total Other Charges I I • Other Disbursements: I Sub Total Title Report Credit Land* Possession date: Improvements* Close of escrow: Drainage Easement $1,300 Date of recording: Special Conditions Right of Way Contract Yes .1 No 0 Exhibit "B" Total Closing Costs Entry Agreement -es • No • Total Purchase Price $1,300 Addendum attached hereto and made a Yei • No • TOTAL WARRANT** part hereof 1 *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: Palm Lane Drainage Project PCN: TT0408 Assessor Parcel No.: 219-23-013A Item No D23461-2 Right of Way Agent: Steve Salazar Telephone d 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 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 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 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 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 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 MA.RICOPA 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: Don G. Peters, Trustee of Don G. RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Peters Trust dated October ,2005 A AIM • il Ill rliVIRMIIIPIR,1, 11 MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION • SUPERVISORS Don G. Peters, Trustee Real Property Branch Manager • 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 Acce ted Date ESCROW OFF/CFR • Deputy Conn Attome Date • Date RES/KGR Revised 2/3/2017 Pare 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 219-23-013A Project No.: TT0408 Project Name: Palm Lane Drainage Project Project Termini: (78 th Street to Hawes Road) Item No.: D23461-2 (SS) 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 01? MAR1COPA AGREES: A. To use the real property described herein for the general welfare and benefit of the public. B. To pay the Grantors the sum of One Thousand Three Hundred and No/100 DOLLARS ($1,300.00) as payment in full for the Drainage Easement 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. TTO5 11 will be charged to the Grantor. THE GRANTORS AGREE: I. To grant a Drainage Easement for the real property described in Exhibit "A" to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of One Thousand Three Hundred and No/100 DOLLARS ($1,300.00) 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. /// /// /// /// /// /// /// /// 111 /// /// If- " /// /// HI GRANTOR DATE/ 3j GRANTOR DATE Pe 3 of 3 Parcel No, 219-23-013A Project No. TT408 Palm Lane 78th Street to Hawes Road [tern No. D23461-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A portion of that certain parcel described in Document 2013-0047082, Records of the Recorder of Maricopa County, lying within the Southeast quarter of Section 32, Township 2 North, Range 7 East of the Gila and Salt River Base and Meridian, Marioopa County , Arizona, said portion more particularly described as follows: Commencing at a PK Nail marking the Southwest corner of the Northeast quarter of the Southeast quarter of said Section 32, from which a PK Nail marking the Northwest corner of the Southwest quarter of the Southeast quarter of said Section 32, bears North 89°47'06" West, a distance of 1319.83 feet; thence North 89°47'06" West, a distance of 248.50 feet; thence North 00°12'54" East, a distance of 30.00 feet to a point on the northerly right of way of Palm Lane, said point being the Point of Beginning; thence North 89°47'06" West along said right of ray of Palm Lane, a distance of 33.70 feet; thence North 00°00'00" East departing said right of ray, a distance of 16.48 feet; thence South 90°00'00" East, a distance of 33.76 feet; thence South 00°12'54" West, a distance of 16.61 feet to the Point of Beginning. The above described parcel contains 558 square feet or 0.0128 acres, more or less. MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 8/17/2017 KH Chk: APPr: Rev: Maricopa County Public Works - Real Estate Division GRANTOR gygi7 DATE/9-447 EXHIBIT "A" Page 1 of 1 FND REBAR Not to Scale NE CUR NE4 SE4 532 T2N, R7E D23461 DON G PETERS DON G PETERS TRUST 219-23-013A 219-23-014F POC FND PK NAIL FND PK NAIL NW CUR SW4 SE4 SW COR NE4 SE4 S32 T2N, R7E S32 T2N, R7E 219-23-018G 219-23-018E 219-23-018F 1/16TH CUR SEC 32 T2N, R7E NO. BEARING LENGTH FND 3" MCDOT BRASS CAP Ll N00 ° 12 154"E 30.00' L2 N89°47'06"W 33.70' L3 N00°00 1001'E 16.48' L4 S90°00'00"E 33.76' L5 S00°12`54"W 16.61' DRAINAGE EASEMENT AREA: 558 SQUARE FEET or 0.0128 ACRES MAR1COPA COUNTY PALM LANE - 78TH STREET TO HAWES ROAD PROJECT No. TT408 ITEM No, D23461-2 DATE 08/17/2017 MARICOPA COUNTY R/W AGENT S.S.