P. D22759.PDF

Maricopa County — Formal (2017-05-24)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company North American Title Company Date . 4/4/2017
Address 14635 North Kierland, Suite 110 Phone 602-294 -2505
City Scottsdale, AZ 85254 Fax
Escrow Officer Mark Osborn Email mosbom@nat,com
Escrow No. 29400-16-82674
Grantor: Riggs Ellsworth 40, L.L.0 and MN Riggs 40, L.L.C. Phone:
Address: 20 South Kyrene Road Email
City, State Zip Chandler, AZ 85226 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: I 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:
i
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 I
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
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.
D Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
El Other Disbursements: 1
Sub Total
Title Report Credit
Lane $240,759.00 Possession date:
Improvements* Close of escrow:
Drainage Easement* Date of recording:
Cost to Cure
Special Conditions Right of Way Contract Yes 0 No •
Exhibit "B"
Total Closing Costs Entry Agreement Yes • No 0
Total Purchase Price $240,759.00 Addendum attached hereto and made a Yes • No r
TOTAL WARRANT** part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
Project: Riggs Road (Ellsworth Road to Meridian Road) PCN: n025
Assessor Parcel No.: 304-91-003D Item No D22759
Right of Way Agent: Rob Sachs, SR/WA Telephone 4 602-506-4744
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 patty 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 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, Nlaricopa
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 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 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(s): Riggs Ellsworth 40, L.L.C. RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
JMN Riggs 40, L.L.C.
1 MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
7`'
13 .... .at
Its:
Real Property Branch Manager Chairman of the Board
133-6-4.4-43-z.g.. - , ATTEST:
Its: 1-4,A.f3K-Cte,c — Date
Approved as to form within the
powers and authority of the Board of Clerk of the Board of Supervisors
Supervisors
Accepted Date
ESCROW OFFICI.4
Deputy County Attorney Date Date
RES/KGR Revised 2/3/2017
Pri ce 2 of 3

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 304-91-003D
Project No.: TT0251 Riggs Road (Ellsworth Road to Meridian
Road)
Item No.: D22759 (RES)
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 Two Hundred Forty Thousand Seven Hundred Fifty Nine and
No/100 DOLLARS ($240,759.00) as payment in full for the property described herein and broken out
as follows:
53,502 Square Feet x $4.50 per SF —$240,759.00
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. TT0251 Riggs Road
(Ellsworth Road to Crismon Road) 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 Two Hundred Forty Thousand Seven Hundred Fifty Nine and No/100
DOLLARS ($240,759.00) 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 "D" above.
4. That, upon the Grantor's signing of the Warranty Deed, the County and/or its agents shall have
immediate use of the property described herein.
GRANTOR VA— DATE GRANTOR DATE
EXHIBIT "B".
Page 3 of 3

PROJECT NO. TT251
RIGGS ROAD
Ellsworth Rd to Meridian Rd
304-91-003D
D-22759
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the Southwest quarter of the Southwest quarter of Section 27 — T2S, R7E of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona. Said portion is more particularly described
as follows:
COMMENCING at the Southwest corner of said Section 27, from which the South quarter corner
bears North 89°33'17" East a distance of 2636.17 feet; thence along the South line of Section 27,
North 89'33'17" East, a distance of 155.00 feet to the POINT OF BEGINNING; thence continuing
along said South line, North 89°33'17" East a distance of 1159.76 feet to the beginning of a non
tangent curve, the center of which bears North 00 026 143" West, a distance of 2930.00 feet;
thence westerly along the arc of said curve, through a central angle of 06°21'06", for an arc distance of
324.81 feet; thence North 84 005'37" West, a distance of 299.82 feet to the beginning of a tangent curve
to the left with a radius of 3070.00 feet; thence westerly along the arc of said curve, through a central
angle of 0602428 11, for an arc distance of 343.33 feet to the beginning of a non-tangent line;
thence North 00 026143" West, a distance of 15.00 feet to a point on the North line of the South 85 feet
of said Southwest quarter; thence along said North line, South 89°33'17" West a distance of 244.57
feet; thence South 00°09'11" East, a distance of 57.00 feet; thence North 89°33'17" East, a distance of
50.00 feet to a point on the East line of the West 155 feet of said Southwest quarter; thence along said
East line, South 00°09'11" East a distance of 28.00 feet to the POINT OF BEGINNING.
The above described parcel contains 53,502,pauare feet or 1.2282 acres, more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 10/8/12 jb Chk: Appr:
Rev: 05/24/lG jb
Maricopa County Public Works - Real Estate Division EXPIRES 12/31 12017
GRANTOR DATE
EXHIBIT "A"

PROJECT NO, TT251
RIGGS ROAD
Ellsworth Rd to Meridian Rd
304-91-003D
D-22759-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR A TEMPORARY CONSTRUCTION EASEMENT
A portion of the Southwest quarter of the Southwest quarter' of Section 27 — T2S, R7E of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona. Said portion is more particularly described
as follows:
COMMENCING at the Southwest corner of said Section 27, from which the South quarter corner
bears North 89°33'17" East a distance of 2636.17 feet; thence along the South line of Section 27,
North 89°33'17" East, a distance of 595.28 feet; thence leaving said South line, North 00 02643" West,
a distance of 60.43 feet to the POINT OF BEGINNING; thence North 04°04'52" East, a distance of
30.00 feet; thence South 85°09'18" East, a distance of 82.66 feet; thence South 05°36'32" West, a
distance of 30.00 feet to the beginning of a non-tangent curve, the center of which bears South
05°36'32" West, a distance of 3070.00 feet; thence westerly along the arc of said curve, through a
central angle of 01°31'40", for an arc distance of 81.87 feet;
to the POINT OF BEGINNING.
The above described parcel contains 2,453 square feet or 0.0563 acres, more or less.
Page 1 of 1
r-L a ICArk, f
4f0
22260
KENNETH W.
GREEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION eivf.,2e4
Prelim: 1018/12 jb Chk: Appr:
Rev: 05/24/16 jb; 08/30/16 jb
Maricopa County Public Works - Real Estate Division
GRANTOR DATE
EXHIBIT "A"