F. D22566.PDF

Maricopa County — Formal (2017-05-10)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company North American Title Insurance Company Date 4/13/2017
Address 1 4 6 3 5 N. Kierland Blvd., Suite 110 Phone 480-596-5022
City Scottsdale, Arizona 85254 Fax 480-596-5031
Escrow Officer Mark Osborn Email mosbom@nat.com
Escrow No. 29400-16-83069
602-743-4908
Grantor: OR and DV Properties, LLC, an Arizona limited liability company Phone: Rod Pappas
Address: 9501 West Buckeye Road Email rodgxeriscapes.com
City, State Zip Tolleson, Arizona 85353 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: Real Estate Division, 2801 W. Durango Street, Phoenix, Arizona 85009
MARTCOPA 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 i
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 [ l
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
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.
I I
I Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges I I
• Other Disbursements: I
Sub Total
Title Report Credit
Land* $23,550.00 Possession date:
Improvements* Close of escrow:
Drainage Easement* $15,262.00 Date of recording:
Cost to Cure
Special Conditions Right of Way Contract , Yes @ No n
Exhibit "B"
Total Closing Costs Entry Agreement Yes 0 No 0
Total Purchase Price $38,812.00 Addendum attached hereto and made a Yes • No El
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: MC85 95th Avenue to 107th Avenue PCN: TT0511
Assessor Parcel No.: 101-14-002A, 00211, 008L Item No D22566
Right of Way Agent: Jennifer Rodriguez Telephone it 602-50-4897
Pane 1 of 3

The GRANTOR, having executed a conveyance of certain real property rights to the GRAN LEE as described in the Exhibits 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 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 IVI,ARICOPA 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 forqil 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 COT_INTY's occupation of the Grantor's property caused by
MARICOPA COIJNTY'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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
GR and DV Properties, LLC, an
Arizona limited liability-rany MA_RICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
_ _ .------- OF TRANSPORTATION SUPERVISORS
dil-AY iii AtroTj
, Real Property Branch Manager Chairman of he Board
ITS:
+/ ' 2 1 . 0 ,D1'1....,7 _ 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
RES/KGR Revised 2/3/2017

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 101-14-002A, 002B, 008L
Project No.: TT0511
Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: . D22566 (Agent's Initials)
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 herein for the general welfare and benefit of the public.
B. To pay the Grantors the sum of Twenty Three Thousand Five Hundred Fifty Dollars and No/100 ($23,550.00)
as payment in full for the property described herein Exhibit A.
C. To pay the Grantors the sum of Fifteen Thousand Two Hundred Sixty Two'Dollars and No/100 ($15,262.00)
as payment in fall for the Drainage Easement on the property described herein Exhibit A.
D. That, if in the opinion of the Transportation Director it becomes necessary, private structures will he 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. IT0511 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 Three Thousand Five Hundred Fifty Dollars and No/100 ($23,550.00) as
payment in full for the property described herein Exhibit A.
3. To accept the sum of Fifteen Thousand Two Hundred Sixty Two Dollars and No/100 ($15,262.00) as payment
in full for the Temporary Construction Easement on the property described herein.
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" above.
GRANT ATE14' GRANTOR DATE

Parcel No. 101-14-002A, 002B, 008L
Project No. TT511
MC-85 at 83 AVENUEand CENTER TURN LANE EXPANSION
MC 85: 107th AVENUE to 95th AVENUE
Item No. 022566
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A parcel of land being a portion of that property as described in Document 2015-0560942, Maricopa
County Records, lying within the Northwest quarter of Section 16, Township 1 North, Range 1 East of
the Gila and Salt River Base and Meridian, Maiicopa County, Arizona, being more particularly
described as follows:
COMMENCING at the Northwest corner of Section 16, from which the North quarter corner of said
Section 16 bears North 89'55'27" East, a distance of 2633.95 feet;
TI-TENCE along the North line of said Section 16 North 89 05527" East, a distance of 2442.93 feet;
THENCE departing said North section line South 00 004133" East, a distance of 33.00 feet to the
existing South right. of way line of MC 85, also being the Northwest corner of said property and the
POINT OF BEGINNING;
THENCE departing said South right of way line along the West line of said property South 00 004 133"
East, a distance of 19.84 feet;
THENCE South 10 051'06" West, a distance of 13.40 feet;
THENCE departing said West property line North 89 05527" East, a distance of 191.95 feet to the East
line of said property, being also a point on the North-South midsection line of said Section 16;
THENCE along said East property line and midsection line North 01 019'12" East, a distance of 33.01
feet to the said South right of way line;
THENCE departing said East property line along said South right of way South 89 055 127" West, a
distance of 190.21 feet to the POINT OF BEGINNING.
The above described parcel contains 6,280 square feet or 0.1442 Acres more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RES 8/10/16 Chk: Appr:
Rev: EXPIRES 12 / 31 /2017
Maricopa County - Real Estate Division
GRAP4TTOILe7 DATE ,9—J4 --/7- i
EXHIBIT "A"

EXIST RAN
N.T.S.
N89 °55'32"E
2633.95' 2633.97'
EXIST R/W
D22566
GR and DV
Properties
022566 101-14-002B
GR and DV -
Properties
101-14-008L
NO. BEARING LENGTH
Li S 00°04'33" E 19.84'
L2. S 10°51'06" W 13.40'
L3 N 89°55'27" E 191.95'
L4 I N 01°19'12" E 33.01'
L5 S 89°55'27" W 190.21'
L6 I S 00°04'33" E 33.00'
D22566 Fee Simple Right of Way: EXPIRES 12 /31/2017
6,280 square feet or 0,1442 acres
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No, TT511 ITEM No, D22566 DATE 9-15-16 M,C.D,O,T, R/W Tech: Agent: RES M.P.

Parcel No. 101-14-002A
Project No. TT511
MC-85 at 83td AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107th AVENUE to 95th AVENUE
Item No. 1)22566-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A parcel of land being a portion of that property as described in Document 2015-0560942, Maricopa
County Records, lying within the Northwest quarter of Section 16, 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 Northwest corner of Section 16, from which the North quarter corner of said
Section 16 bears North 89 055 127" East, a distance of 2633.95 feet;
THENCE along the North line of said Section 16 North 89 055'27" East, a distance of 2466.56 feet;
THENCE departing said North section line South 00 004133" East, a distance of 66.00 feet to the
POINT OF BEGINNING;
THENCE South 0000433" East, a distance of 40.80 feet;
THENCE North 89 055 127" East, a distance of 105.00 feet;
THENCE North 00004133" West, a distance of 40.80 feet;
THENCE South 89 055 127" West, a distance of 105.00 feet to the POINT OF BEGINNING.
The above described parcel contains 4,284 square feet or 0.0983 Acres more or less.
Page 1 of t
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RES 8/10/16 Chk: App r:
Rev: EXPIRES 12 / 31 /2017
Maricopa County - Real Estate Division
GRANTOR DATE 0.-/-;2,-/7
EXHIBIT "A"

EXIST R/W
N.T.S.
WIC 85 N89 °55'32"E
N89°5527"E 2633.95' 2633.97'
2466.557 SEC LN
EXIST R/W
1
D22566
GR and DV
Properties
101-14-002A
NO. BEARING LENGTH
Li S 0000433" E 40.80'
L2 N 89°55'27" E 105.00'
L3 N 00°04'33" W 40.80'
L4 S 89°5527" W 105.00 1
L5 S 00004 133" E 66.00'
D22566-2 Drainage Easement:
EXPIRES 12/31/2017
4,284 square feet or 0,0983 acres
MARICOPA COUNTY DEPARTvIENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No. TF511 ITEM No. D22566-2 DATE 8-15-16 M,C.D.O,T, R/W Tech: Agent: RES PM.