Extracted text (via pymupdf_layout)
12585 characters
Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date Address 4722 N. 24th Street, Suite 200 Phone (602) 230-6235 City Phoenix, AZ 85016 Fax (602) 926-0452 Escrow Officer Bianca Gonzales Escrow No. 15150520-015-BG Randy J. Zuber, an unmarried man and Anne Louise Kennedy, as Trustee of Grantor: the ANNE LOUISE KENNEDY LIVING TRUST, U/A dated August 16, 2013 Phone: (623) 694-8383 Address: 17303 West Olive Avenue Phone: City Waddell, Arizona 85355 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 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 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. LI Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges 171 Other Disbursements: Sub Total Title Report Credit Land $700.00 Possession date: Improvements $1,735.00 Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes El No 1E1 Exhibit "B" Total Closing Costs Entry Agreement Yes D No tgi Total Purchase Price Addendum attached hereto and made a Yes D No El TOTAL WARRANT** $2,435.00 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 MARICOPA COUNTY, title to said property to be transferred upon the acceptance of delivery and possession by its BOARD OF SUPERVISORS. Project: Olive Avenue (Citrus Road to Cotton Lane) PCN: TT0497 Assessor Parcel No.: 502-10-976E Item No D23343 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. 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 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 MARICOPA COUNTY. 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'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: Randy J. Zuber, an unmarried man and Anne Louise Kennedy, as Trustee of the RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: ANNE LOUISE KENNEDY LIVING TRLI)S-T) U/A qated AugLiCt 16, 2013 MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS 01-4;7,7- Real Property Branch Manager Chairman of the Board nne Lotfise'Kennedy, Trustee 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 Parcel No. 502-10-976E Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. D23343 EXIUBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of that property described in Document Number 2013-0815245, records of Maricopa County lying within Tract A of Lot 4164 of Re-subdivision of Unit no. 38 of Ramola of Arizona Grapefruit Unit, according to Book 18, of Maps, Page 38, records of Marieopa County, Arizona and being a portion of Section 35, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, more particularly described as follows: COMMENCING at the Northeast corner of the Northeast quarter of said Section 35 from which the North quarter corner of said section 35 bears North 89°57'47" West a distance of 2,659.76 feet and from which the East quarter corner of said Section 35 bears South 00°17'28" West a distance of 2,647.90 feet;-thence along the North line of said Northeast quarter, North 89°5747" West a distance of 1540.93 feet; thence leaving said North line, South 00'02'13" West a distance of 40.00 feet to a point on the North line of said property described in Document Number 2013-0815245 and also the POINT OF BEGINNING; thence along last said North line, North 89°5747" West, a distance of 40.00 feet; thence South 00°0214" West, a distance of 10.00 feet; thence South 89057'46" East, a distance of 40.00 feet; thence North 00 002'14" East, a distance of 10.00 feet to the POINT OF BEGINNING. The above described parcel contains 400 square feet or 0.0092 acres, more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim:1-27-2016 Appr: Rev: 08/01/16 jb; 04119/17 jb EXPIRES 12131 12i)17 iVIarieopa County Public Works —Real E, tae Division GRANTOR ATE `7 EXHIBIT" C"..4 c=,! 800'1728V POB 800°17'28"W 2,65976' 389°57'47E 800°02'14V N89°57'47 TCE 1 1139°57'47V 1'W 20.00' 40.00 197.27' .0.00' 5.48' TCE: R/W: 40.00' / 4,907 400 SQARE Anne — SQARE 023343 N00°02141TE N89°57'47"W Louise 1,586.23' FEET FEET 023343-1 RAN S00°0227W D23343-1 D23343 or or 10.00' 192.88' 502-10-976E Kennedy D23343 S89°57'47"E S89°57147"E S00°0211 1,540.93' 0.1127 0.0092 TOE & N00°02'27"E 1500T TCE RAN N89°57147"W ,/ Randy 3600' 19727' 3"W ACRES ACRES J. 15.00' 40.00' Zuber 192 MORE MORE - 88' N89 OLIVE OR OR LESS. LESS. S89°57147"E 57'47"W AVENUE 5.09' EXPIRES 12/31/2017 Er7e, CD CD fr- LL1 CL. <IC LU CID fa_ CD E r.72 CD Lu PROJECT No.TT497 ITEM No. D23343 & D23343-1 DATE 04-20-2017 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 502-10-976E Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23343 (JRW) 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 Seven Hundred and No/100 DOLLARS ($700.00) as payment full for the property described herein. C. To pay the Grantors the sum of One Thousand Seven Hundred Thirty-Five and No/100 DOLLARS ($1,735.00) as payment in full for the improvements located on the property described herein and broken out as follows: One Pecan Tree $1,200.00 Travel $99.00 36" extended 1 year warranty $300.00 One Organ pipe cactus $68.00 One Desert spoon cactus $68.00 Site Improvements Total =$1,735.00 D. 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. E. That no costs relating to construction of roadway improvements on Project No. TT0497 Olive Avenue (Citrus Road to Cotton Lane) 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 Seven Hundred and No/100 DOLLARS ($700.00) as payment in full for the property described herein. 3. To accept the sum of One Thousand Seven Hundred Thirty-Five and No/100 DOLLARS ($1,735.00) as payment in full for the improvements located on the property described herein and broken out as follows: One Pecan Tree $1,200.00 Travel $99.00 36" extended 1 year warranty $300.00 One Organ pipe cactus $68.00 One Desert spoon cactus $68.00 Site Improvements Total =$1,735.00 4. 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" and "E" above. 5. 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. GRANTOROK DATE e_51/,,17( ? GRANTOR DAT - EXHIBIT "B"