C. D22569-2 PURCHASE AGREEMENT.PDF
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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Company Date 05/08/2017 Address 4722 N. 24 11' St., Suite 200 Phone 602-230-6246 City Phoenix, AZ 85016 Fax 602-926-0452 Escrow Officer Victoria Smith Cell 602-505-0706 Escrow No. Grantor: Phoenix Logistics Center, LLC Phone: 602-845-5200 Address: 6720 N. Scottsdale Rd., Suite 270 Phone: City Scottsdale, AZ 85253 Fax: 602-508-6167 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 E 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. 111 Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges 0 Other Disbursements: Sub Total Title Report Credit Land & improvements* Possession date: Severance Damages Close of escrow: TCE Date of recording: Cost to Cure Drainage Easement $96,073.00 Special Conditions Right of Way Contract Yes 111 No EJ Exhibit "B" Total Closing Costs Entry Agreement Yes111 No 1E] Total Purchase Price $96,073.00 Addendum attached hereto and made a Yes111 NoE] 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" 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: TT345 — MC85, 95th Avenue to 75th Avenue PCN: Assessor Parcel No.: 101-12-001K, 001F, 0011_ Item No D22569-2 Right of Way Agent: Patrick Mertz Telephone # 602-506-4639 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 MAR ICOPA 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 MAR ICOPA 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 MAR100PA 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. 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% 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: Phoenix Logistics Center, LLC A Delaware limited liability company MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Real Property Branch Manager Chairman of the Board 9 Al o 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 10/0/2009 Parcel No. 101-12-001K, 001F, 001L Project No. TT345 MC-85 at 83RD AVENUE and CENTER TURN LANE EXPANSION Item No. D22569-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT (DE) Three parcels of land all being a portion of that property as described in Document 2008-0087619, Maricopa County Records, lying within the Northwest Quarter of Section 15, Township 1 North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona, and being more particularly described as follows: DE 1 (SEE DETAIL 1) COMMENCING at the Northwest corner of the Northwest quarter of the said Section 15, from which the West Quarter corner bears South 01°48'07" West, a distance of 2663.96 feet and from which the North quarter corner bears North 84 024 153" East, a distance of 2,547.09 feet; thence along the North line of the said Northwest quarter, North 84°24'53" East a distance of 145.62 feet; thence leaving said North line, South 05 035 107" East, a distance of 95.16 feet to the POINT OF BEGINNING; thence South 02 05311" East, a distance of 55.35 feet; thence South 87 006149" West, a distance of 117.56 feet; thence North 01°48'07" East, a distance of 15.16 feet; thence North 84°24'53" East, a distance of 11.09 feet; thence North 01 048107" East, a distance of 39.41 feet to the beginning of a non-tangent curve, the center of which bears North 02 050 123" West a distance of 9904.52 feet; thence easterly along the arc of said curve, through a central angle of 00'3525" for an arc distance of 102.02 feet to the POINT OF BEGINNING, containing 5,909 square feet or 0.1357 acres, more or less. DE 2 (SEE DETAIL 2 on Sheet 2) COMMENCING at the Northwest corner of the Northwest quarter of the said Section 15, from which the West Quarter corner bears South 01 04807" West, a distance of 2663.96 feet and from which the North quarter corner bears North 84 024 153" East, a distance of 2,547.09 feet; thence along the North line of the said Northwest quarter, North 84°24'53" East a distance of 626.56 feet; thence leaving said North line, South 05°35'07" East a distance of 98.43 feet to the POINT OF BEGINNING; thence South 05 005 136" East, a distance of 53.02 feet; thence South 85°01'28" West, a distance of 237.06 feet; thence North 04°58'32" West, a distance of 47.60 feet to the beginning of a non-tangent curve, the center of which bears North 04°50'30" West, a distance of 9904.52 feet; thence easterly along the arc of said curve, through a central angle of 00 022 11011, for an arc distance of 63.89 feet to the beginning of a non-tangent curve, the center of which bears North 06 014157" West, a distance of 9872.64 feet; thence easterly along the arc of said curve, through a central angle of 01°00'18" for an arc distance' of 173.15 feet to the POINT OF BEGINNING containing 11,712 square feet or 0.2689 acres, more or less. Page 1 of 2 D22569-2 (contd.) DE 3 (SEE DETAIL 3 on Sheet 2) COMMENCING at the Northwest corner of the Northwest quarter of the said Section 16, from which the West Quarter corner bears South 01°4807" West, a distance of 2663.96 feet and from which the North quarter corner bears North 84°24'53" East, a distance of 2,547.09 feet; thence along the North line of the said Northwest quarter, North 84 024 153" East a distance of 1159.71 feet; thence leaving said North line, South 05°35'07" East a distance of 74.75 feet to the POINT or BEGINNING; thence South 07°50'11" East, a distance of 41.87 feet; thence South 81°59'21" West, a distance of 214.73 feet; thence North 08°27'40" West, a distance of 41.36 feet to the beginning of a non-tangent curve, the center of which bears South 08'29'35" East, a distance of 17905.62 feet; thence easterly along the arc of said curve, through a central angle of 00°41'19", for an arc distance of 215.18 feet to the POINT OF BEGINNING, containing 8,992 square feet or 0.2064 acres, more or less. The three above described DE parcels contain 26,613 square feet or 0.6110 acres, more or less. 22260 KENNETH W. GREEN MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION VC;2?•20 Prelim: 02/20/2013LV Chk: Appr: 47z, Rev: 03/25/16 jb; 09/25/15 .0;11/17/2015 jb; 12/08/2015 jb; 6, 02/24/16 jb; 03-25-16 jb; 06/09/16 jb EXPIRES 12/31/2017 Maricopa County Public Works - Real Estate Division GRANTOR DATE g(0 (z7(7 EXHIBIT "A" Page 2 of 2 Logistics LLC 20.00' 322569 Phoenix Center 101-12-001L /2017 'EN! 12/31 property MCR; 1 717 Th EXPIRES 2,547,09' that in 345, line of described 183, Pg 95.16' 55.35' H West as 1)kt 101-12-001J 11 1"E 117.56' 2 533507£ S02°53 DE-1 E 1109' 15.16' SHEET OF DETAIL 587°06'49V 1 101-12-001J 84°2453" E R1W OF N 01°48'07" P.M. wesIl NEW LINE N jb LAPPING NORTH /45.62' Agent: Tech: ROAD) rn•WwwW 101-12-001J OVER AND R/W (BUCKEYE 2 M85 EXPANSION 0.T. 3 SHEET C. D. 12 M, DETAIL SEE MAP SEC. 15 RlE Data DIVISION LANE 101, 1/4, TM, 1 RB=NO2°50'23"W A=00'35'25" R=9904.52' -- — • SPLIT • 1--m DE-3 BOOK NW Curve L=102.02' LEGEND: R/W WI DE LINE LINE LINE TURN 06-09-16 2 EXIST. NEW PROP. PROP. NEWLY PROP. SEC. ESTATE 2 SHEET D2259 Lotistics Canterk.6C- 101,12,001L DATE DETAIL Phczzlx REAL CENTER SEE ACRES ACRES ACRES ACRES (DE): 0,1357 0.2689 0.2064 0.6110 WORKS and I• Logistics LLC EASEMENT OR OR OR OR D22569-2 •••I• 022569 Center 101-12-001K FEET FEET FEET FEET AVENUE No. I DE-2- Phoenix PUBLIC DRAINAGE SQUARE SQUARE SQUARE SQUARE ITEM DETAIL 95,16i E Logistics LLC L Logistics LLC 5,909 11,712 8,992 26,613 at 83rd Ii84°243°E S35'25'07" D22569 Center 101-12-031 022569 Center 101-12-001F 022569-2 DE-1: DE-2: DE-3: 85 DE-1 Phoenix Phoenix TOTAL: MC No.TT345 55' 4' ! PRO3ECT Co CS] CO Co C+.2 N.T.S. /2017 C=:* LC) i"....":•Z W. .2G276; 12/31 -(W1C—ATh 22260 KENNETH GREEN 6.27 ed 214,73' ,e) EXPIRES 3 74.751 S81°5921"W DE-3 1159.71' E 2 DETAIL 35`07n SHEET OF S05°- 2 'F.s> P.M. jb Agent: Tech: - R/W NS4°24153"E,/ 53.02' 305°05'36"E EXPANSION ARC DISTANCE 102.02' 63.89' 173.15' 215.18' M.C.D.O.T. 2 DIVISION LANE DETAIL 561 OT 237.06' -7 CENTRAL ANGLE 0035'25" 00°2210" °0018" 00°41'19" 06-09-16 626 E DE-2 01 ESTATE TURN 5'07 S85°01'281N DATA DATE RADIUS 9904.52' 9904.52' 9872.64' 17905.62' 95.16' CURVE REAL CENTER (BUCK SOF35107'E 1 BEARING NO2°5023"W N04°50`30"W 157W S08°29'35"E WORKS and SHEET RADIAL N06°14 D22569-2 DE-1 SEE NO. C-I C-2 0-3 C-4 PUBLIC AVENUE No. CURVE ITEM 83rd -77 at 1I11111I• 85 MC No.11345 LEGEND: RNV RNV — DE - LINE LINE EXIST. NEW PROP. PROP. SEC. PROJECT