D. D23396.PDF

Maricopa County — Formal (2017-08-23)

View PDF Item 58 Meeting page

Extracted text (via pymupdf_layout) 19223 characters
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Empire West Title Agency Date February 7, 2017
Address 4808 N. 22" Street, Suite 100 Phone 602-749-7000
City Phoenix, AZ 85016 Fax 602-674-0864
Escrow Officer Sharon Dyke
Escrow No.
Grantor: Virginio M. Fimbres, an unmarried man Phone: 623-326-0859
Address: 10701 W. Lower Buckeye Road Phone:
City Tolleson, AZ 85353 Email:
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 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.
CI Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
LII Other Disbursements:
Sub Total
Title Report Credit
Land 29,900.00 Possession date:
Improvements 25,126.00 Close of escrow:
TCE 427.00 Date of recording:
Minor Cost to Cure 9,825
Cost to Cure Agreement 22,681.19 Special Conditions Right of Way Contract Yes El No
Exhibit "B"
Total Closing Costs Entry Agreement Yes El No El
Easement in Gross attached hereto and
Total Purchase Price 87,959.19 made a part hereof Yes E No El
TOTAL WARRANT**
*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 MARICOPA COUNTY, title to said property to be transferred upon the
acceptance of delivery and possession by its BOARD OF SUPERVISORS.
Project: 107th Ave/Lower Buckeye Rd (Intersection Improvement) PCN: TT0490
Assessor Parcel No.: 101-22-236, 237 Item No D23396
Right of Way Agent: Steven Warburton Telephone # 602.506.4746

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 he 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 cheek; 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 Department 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 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 IvIARICOPA 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 COI INTY'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: Virginio M. Fimbres, an 1,7,ZUMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
unTarried man
-*IMICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
Virginio M. Fimbres
Real Property Branch Manager Chairman of the Board
e- a C7 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 10/9/2014

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel Nos.: 101-22-236, 237
Project No.: TT0490-107th Ave/Lower Buckeye Rd
(Intersection Improvement)
Item No.: D23396 (sw)
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 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 TWENTY NINE THOUSAND NINE HUNDRED and No/100 Dollars
($29,900.00) as payment in full for the real property described herein.
C. To pay the Grantors the sum of TWENTY FIVE THOUSAND ONE HUNDRED TWENTY SIX and NO/100
Dollars ($25,126.00) as payment in full for the improvements located on the property described herein and
broken out as follows:
15,672 s.f. of Landscaping $23,508.00
7 11 of Chain Link Fence $35.00
273 1.f. of 4-Foot Wire Fence $683.00
15'x4' Metal Vehicular Rolling Gate $500.00
10'x4' Chain Link Vehicular Swinging Gate $250.00
3'x6' Metal Man Gate $150.00
Site Improvements Total $25,126.00
D. To pay the Grantors the sum of THIRTY TWO THOUSAND FIVE HUNDRED SIX and 19/100 Dollars
($32,506.19) as payment in full for reestablishment of depreciated improvements located on the property
described herein.
415 1.f. of Chain Link Fence $6,225.00
15'x4' Chain Link Sliding Gate $850.00
3'x4' Chain Link Man Gate $250.00
New Flag Pole $1,500.00
Two Bells on 6' Poles $500.00
Reconfiguration of underground irrigation system $500.00
Additionally, a cost to cure for the reestablishment of farm access road as outlined in the Agreement for Cost to
Cure Compensation
Remove Wood Poles $1,000.00
Remove Existing Chain Link Fence $120.00
Remove Existing Chain Link Gate $300.00
Clearing and Grubbing $2,000.00
New Aggregate Base/Gravel $4,951.85
New Chain Link Gate $3,000.00
New Chain Link Fence (4ft) $240.00
New Pipe/Corrugated Metal, 6" $2,800.00
Roadbed Excavation $707.41
Revegetation of Existing Landscaping $2,000.00
Mobilization $2,000.00
Survey and Permitting $1,500.00
Contingency (10%) $2,061.93
Cost to Cure Improvements Total $32,506.19

E. To pay the Grantors the sum of FOUR HUNDRED TWENTY SEVEN and No/100 Dollars ($427.00) as
payment in full for the Temporary Construction Easement on the property described herein.
F. That, if in the opinion of the Transportation Director it becomes necessaiy, 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.
G. That no costs relating to construction of roadway improvements on Project No. TT0490 will be charged to the
Grantor.
THE GRANTORS AGREE:
1. To grant a Warranty Deed 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 TWENTY NINE THOUSAND NINE HUNDRED and No/100 Dollars ($29,900.00) as
payment in full for the property described herein.
3. To accept the sum of TWENTY FIVE THOUSAND ONE HUNDRED TWENTY SIX and NO/100 Dollars
($25,126.00) as payment in full for the improvements located on the property described herein and broken out as
follows:
15,672 s.f. of Landscaping $23,508.00
7 If. of Chain Link Fence $35.00
273 1.f. of 4-Foot Wire Fence $683.00
15'x4' Metal Vehicular Rolling Gate $500.00
10'x4' Chain Link Vehicular Swinging Gate $250.00
3'x6' Metal Man Gate $150.00
Site Improvements Total $25,126.00
4. To accept the sum of THIRTY TWO THOUSAND FIVE HUNDRED SIX and 19/100 Dollars ($32,506.19) as
payment in full for reestablishment of depreciated improvements located on the property described herein.
415 1.f. of Chain Link Fence $6,225.00
15'x4' Chain Link Sliding Gate $850.00
3'x4' Chain Link Man Gate $250.00
New Flag Pole $1,500.00
Two Bells on 6' Poles $500.00
Reconfiguration of underground irrigation system $500.00
Additionally, a cost to cure for the reestablishment of farm access road as outlined in the Agreement for Cost to
Cure Compensation
Remove Wood Poles $1,000.00
Remove Existing Chain Link Fence $120.00
Remove Existing Chain Link Gate $300.00
Clearing and Grubbing $2,000.00
New Aggregate Base/Gravel $4,951.85
New Chain Link Gate $3,000.00
New Chain Link Fence (411) $240.00
New Pipe/Corrugated Metal, 6" $2,800.00
Roadbed Excavation $707.41
Revegetation of Existing Landscaping $2,000.00
Mobilization $2,000.00
Survey and Permitting $1,500.00
Contingency (10%) $2,061.93
Cost to Cure Improvements Total $32,506.19
5. To accept the sum of FOUR HUNDRED TWENTY SEVEN and No/100 Dollars ($427.00) as payment in full
for the Temporary Construction Easement on the property described herein.
6. 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 "F" above.
GRANTORk LTE

Parcel No. 10142-236
Project No. TT490
INTERSECTION IMPROVEMENTS AT
LOWER BUCKEYE ROAD AND 107Th AVE
Item No. D23396A
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portion of the Northeast quarter of Section 19, Township 1 North, Range 1 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Northeast corner of said Northeast quarter of said Section 19, from which the East
quarter corner of said Section 19 bears South 00 042 106" East, a distance of 2,65733 feet and from which the
North quarter corner bears South 88°55'34" West, a distance of 2,518.13 feet; thence South 00°42'06" East along
the East line of said Northeast quarter, a distance of 33.00 feet to the South line of the North 33.00 feet of said
Northeast quarter; thence along said South line, South 88 05534" West a distance of 33.00 feet to the POINT
OF BEGINNING; thence continuing, South 88°55'34" West a distance of 96.16 feet; thence leaving said South
line, South 00 034 105" West a distance of 3.00 feet; thence North 88°5534" East, a distance of 1671 feet;
thence South 70059551 a distance of 57.14 feet; thence South 47°20'3T' East, a distance of 25.64 feet;
thence South 00042 106" East, a distance of 107.51 feet; thence South 05 016 132" East, a distance of 52.10 feet;
thence South 84043 128" West, a distance of 7.01 feet; thence South 05 0 16 132" East, a distance of 13.72 feet;
thence North 84°43'28" East, a distance of 5.85 feet; thence South 01 04329" East, a distance of 48.22 feet;
thence South 89°13'18" West, a distance of 10.28 feet; thence South 00 000 100" West, a distance of 20.85 feet;
thence South 90 000'00" East, a distance of 12.67 feet to the West line of the East 33.00 feet of said Northeast
quarter; thence along last said West line, North 00 042106" West a distance of 282.82 feet to the POINT OF
BEGINNING.
The above described parcel contains 3,149 square feet or 0.0723 acres, more or less.
Page 1 of I
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/15/17Th Chk: Appr:
Rev:.
Maricopa County Public Works - Real Estate Division EXPIRES 12 / 31 /2017
GRANTOR tb kl1"- DATE
EXHIBIT "A"

LOWER BUCKEYE ROAD S88°55'34"W 2,518.13'
SEE
DETAIL A
NEW RIM/
023396A
LINE DATA Virginia M &
NO. BEARING LENGTH Isabel] C Fimbres
Li S 00°42'06 1 E 33.00' 101-22-236
L2 S 8805534" W 33.00' S00042'061E
L3 S 88°55'34" W 96.16'
L4 S 00 034 105" W 3.00' ' L10
L5 N 88°55'34" E 16.71'
L6 S 70°59'55" E 57.14'
L7 S 47°20'32" E 25.64'
L8 S 00°42'06" E 107.51'
L9 S 05°16'32" E 52.10'
Lb O S 84°43'28" W 7.01' NEW R/W
Ll 1 S 05°16'32" E 13.72' Virginio M &
L12 N 84°43'28" E 5.85' Isabel! C Fimbres AVE
L13 S 01 043 129" E 48.22' 101-22-237
L14 S 89°13'18" W 10.28'
L15 S 00°00'00" W 20.85' 107TH
L16 S 90°00'00" E 12.67'
DETAIL B
EXPIRES 12/31/2017
TOTAL REQD. R/VV AREA: 3,149 SQUARE FOOT OR 0.0723 ACRES
MAR1COPA COUNTY
INTERSECTION IMPROVEMENTS AT LOWER BUCKEYE RD AND 107TH AVE
PROJECT No. TT0490 ITEM No. D23396A DATE 05/15/2017 MARICOPA COUNTY R/VV AGENT K.R.

Parcel No. 101-22-236 & 237
Project No. TT490
INTERSECTION EVIPROVEMENTS AT
LOWER BUCKEYE ROAD AND 107TH AVE
Item No. D2339613
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portion of the Northeast quarter of Section 19, Township 1 North, Range 1 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Northeast corner of said Northeast quarter of said Section 19, from which the East
quarter corner of said Section 19 bears South 00°42'06" East, a distance of 2,657.33 feet and from which the
North quarter corner bears South 88 055 134" West, a distance of 2,518.13 feet; thence South 88 055 134" West
along the North line of said Northeast quarter, a distance of 234.62 feet; thence leaving said North line, South
00013 106" West, a distance of 33.01 feet to the South line of the North 33.00 feet of said Northeast quarter and
also the POINT OF BEGINNING; thence along said South line, North 88°55'34" East a distance of 105.99
feet; thence leaving said South line, South 00°34'05" West a distance of 3.00 feet; thence North 88°55'34" East,
a distance of 16.71 feet; thence South 70 059 155" East, a distance of 57.14 feet; thence South 47 020132" East, a
distance of 25.64 feet; thence South 00 042106" East, a distance of 107.51 feet; thence South 05 016 132" East, a
distance of 52.10 feet; thence South 84°43'28" West, a distance of 7.01 feet; thence South 05 016 132" East, a
distance of 13.72 feet; thence North 84 043 128" East, a distance of 5.85 feet; thence South 01 04329" East, a
distance of 48.22 feet; thence South 89 0 13 1 18" West, a distance of 10.28 feet; thence South 00 000100" West, a
distance of 20.85 feet; thence South 90 000 100" East, a distance of 12.67 feet to the West line of the East 33.00
feet of said Northeast quarter; thence along said West line, South 00 042 106" East, a distance of 18.16 feet;
thence leaving said West line, North 40 029 136" West a distance of 50.00 feet; thence North 00 042 106" West, a
distance of 202.35 feet; thence North 45 053 116" West, a distance of 39.47 feet; thence South 88 055 134" West, a
distance of 142.66 feet; thence North 00 0 13 106" East, a distance of 32.01 feet to the POINT OF BEGINNING.
The above described parcel contains 11,710 square feet or 0.2688 acres, more or less.
Page 1 of 1
MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/15/17 jb Chk: Appr:
Rev:
Karicopa County Public Works - Real Estate Division EXPIRES 12 / 31/2017
GRANTOR — DATE 7
EXHIBIT "A"

LOWER BUCKEYE ROAD S88°55134"W 2,518,13'
P.O.B. -A 1p L3
Existing
L22 Not to Scale
L21
SEE
DETAIL A
EXISTING RIW DETAIL A
N 88°55'34" E
NEW R/W
LINE DATA D23396B
NO. BEARING LENGTH Virginio IVI & (3)
Ll S 88°55'34" W 234.62' Isabel! C Fimbres 1
L2 S 00°13'06" W 33.01' 101-22-236 & 237 1 1
L3 N 88 055 134" E 105.99' 1
L4 S 00°34'05" W 3.00'
L5 N 8805534" E 16.71'
L6 S 70°59'55" E 57.14'
1.-.1-1 zo
L7 S 47°20'32" E 25.64' CO Q co -
L8 S 00 042 106" E 107.51' SEE DETAIL B I -61 ..t. 1;3 (0
L9 S 05°16'32" E 52.10' O (4
L10 S 84°43'28" W 7.01' 1 ID Cf) EXISTING PM
L11 S 05°16'32" E 13.72' PROPERTY LINE
L12 N 8404328" E 5.85' 1.11
L13 S 01 043 129" E 48.22'
L14 S 89°13'18" W 10.28'
L15 S 00°00'00" W 20.85' r---
L16 S 90 000 100" E 12.67'
L17 S 00042 106" E 18.16' N-
L18 N 40°29'36" W 50.00' PROPERTY LINE
L19 N 00 042 106" W 202.35' 33' /
L20 N 45°53'16" W , 39.47' DETAIL B
L21 S 8805534" W 142.66'
L22 N 00°13'06" E 32.01'
22260
KENNETH W.
GREEN
4/6.024/,
40N4WW,16.•
EXPIRES 12/31/2017
TOTAL REQ'D. R/W AREA: 11,710 SQUARE FOOT OR 0.2688 ACRES
MARICOPA COUNTY
INTERSECTION IMPROVEMENTS AT LOWER BUCKEYE RD AND 107TH AVE
PROJECT No. TT0490 ITEM No. D23396 DATE 05/15/2017 MARICOPA COUNTY R/W AGENT KR.