L. D22588, D22588-2.PDF

Maricopa County — Formal (2017-05-10)

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Marieopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company North American Title Company Date
Address 14635 N. Kierland, Suite 110 Phone 602-294-2505
City Scottsdale, AZ 85254 Fax 480-596-5031
Escrow Officer Mark Osborn Email MOsborn@nat.coin
Escrow No. 29400-16-83043
Grantor: Circle K Stores Inc., attn.: Ms. Kathy Cole Phone: 602-728-4552
Address: PO Box 52085 Email keo1e2@CircleK.com
City, State Zip Phoenix, AZ 85072 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 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:
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 mai 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 1E1 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.
I I
E Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
111 Other Disbursements:
Sub Total
Title Report Credit
Land & Improvements* $8,844 Possession date:
Severance Damages $250,629 Close of escrow:
TCE Date of recording:
Cost to Cure
Drainage easement $349,399 Special Conditions Right of Way Contract Yes El No 1=I
Exhibit "B"
Total Closing Costs Entry Agreement Yes • No El
Total Purchase Price $608,872 Addendum attached hereto and made a Yes • No RI
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.: 10I-05-013B Item No D22588, D22588-2
Right of Way Agent: Patrick Mertz Telephone # 602-506-4639

The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit 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.
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 MAR1COPA 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.
Ivlaricopa 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.
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 tenn 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: Circle K Stores Inc. RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
*AO OF TRANSPORTATION SUPERVISORS
..amiCINVOMIONIIII
'I-
A< ably /7 arAr; 4
Real Property Branch Manager Chairman of the Board
4/R- +/apt/ 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
I Deputy County Attorney Date Date
RES/KGR Revised 2/3/2017

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 101-05-013B
Project No.: TT0511
Project Name: MC85 at 83' Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22588, D22588-2 (pm)
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.
A. THE To COUNTY use the real OF property MAR1COPA described AGREES: in Exhibit "A" for the general welfare and benefit of the public.
B. To pay the Grantors the sum of Eight Thousand Eight Hundred Forty Four and No/100 DOLLARS
($8,844.00) as payment in full for the property described herein.
C. To pay the Grantors the sum of Three Hundred Forty Nine Three Hundred Ninety Nine and No/100
DOLLARS ($349,399.00) as payment in full for the Drainage Easement on the property described herein.
D. T pay the Grantors the sum of Two Hundred Fifty Thousand Six Hundred Twenty Nine and NO/100
DOLLARS ($250,629.00) as payment in full Director for severance it becomes damages. necessary, private structures will be relocated in
E. That, if in the opinion property, of the Transportation clear of the property described herein, at no expense to the Grantor except as may
kind to the Grantor's
F. That be herein no costs otherwise relating agreed. to construction of roadway improvements on Project No. TT0511 will be charged to the
Grantor.
THE 1. To GRANTORS grant a Special AGREE: Warranty Deed and a Drainage Easement for the real property described in Exhibits "A" to the
County of Maricopa for the general welfare and benefit of the public. ($8,844.00) as
2. To accept the sum of Eight Thousand Eight Hundred Forty Four and No/100 DOLLARS
To payment accept in the full sum for of the Three property Hundred described Forty herein. Nine Three Hundred Ninety Nine and No/100 DOLLARS
3. ($349,399.00) as payment in full for the Drainage Easement on the property described herein.
4. To accept the sum of Two Hundred Fifty Thousand Six Hundred Twenty Nine and NO/100 DOLLARS
That ($250,629.00) the County, as or payment its agents, in full is hereby for severance granted the damages. right to enter upon the remaining property of the Grantor for
5.
the purpose of accomplishing "E" and "F" above.
GRANTOR qa#Nt/fiATE GRANTOR ai/DATE

Parcel No. 101-05-013B
Project No. TT5Il
MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107th AVENUE to 95th AVENUE
Item No. D22588
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A parcel of land being a portion of that property as described in Document 2012-0538283, 1 North, Range Maricopa 1 East of
County Records, lying within the Southwest quarter of Section 9, Township
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the Southwest corner of Section 9 from which the West quarter corner of said
Section 9 bears North 00°06'46" West, a distance of 2641:55 feet;
THENCE along the West line of said Section 9 North 00 00646" West, a distance of 118.81 feet;
THENCE departing said West section line North 89°53'14" East, a distance of 70.00 feet to the
existing East right of way line of 99 th Avenue, also being the West line of said property line and the
POINT OF BEGINNING;
THENCE departing said East right of way line North 09 03949" East, a distance of 55.95 feet;
THENCE North 0000646" West, a distance of 50.00 feet;
THENCE South 89053 114" West, a distance of 9.50 feet to said East right of way line;
THENCE along said East right of way line South 00 00646" East, a distance of 105.14 feet to the
POINT OF BEGINNING.
The above described parcel contains 737 square feet or 0.0169 Acres more or less.
Page 1 of 1
WtCA
22260
KENNETH W.
GREEN
4/1-,17w16
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RES 8/10/16 Chk: Appr: *le
Rev: EXPIRES 12131 /2017
Maricopa County - Real Estate Divisio
GRANTOR -r41 DATE '\1,
BIT "A"

N.T.S.
D22588
Circle K Stores Inc
101-05-013B
'46"W
NOO°06
EXIST RNV
MC 85 SEC LN
N8 °5527"E 2633.95'
EXIST R/W
NO, BEARING LENGTH
LI N 09039 149" E 55.95'
L2 N 00°06'46" W 50.00'
L3 S 89°53'14" W . 9.50'
L4 N 00°06'46" W 105,14'
L5 N 89°53'14" E 70.00'
D22588 Fee Simple Right of Way: EXPIRES 12/31/2017
737 square feet or 0,0169 acres
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
R/W Agent: P.M.
PROJECT No. TT511 ITEM No. D22588 DATE 9-15-16 M.C.D.O.T. Tech: RES

Parcel No. 101-05-013B
Project No. TT5Il
MC-85 at 83 1 AVENUE and CENTER TURN LANE EXPANSION
MC 85: 10701 AVENUE to 95th AVENUE
Item No. 1)22588-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A parcel of land being a portion of that property as described in Document Township 2012-0538283, I North, Range Maricopa 1 East of
County Records, lying within the Southwest quarter of Section 9,
the Gila and Salt River Base .and Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said
Section 9 bears North 89 055 127" East, a distance of 263195 feet;
THENCE along the South line of said Section 9 North 89°55'27" East, a distance of 109.96 feet;
THENCE departing said South section line North 00 004133" West, a distance of 65.00 feet to the
existing North right of way line of MC 85, also being the South line of said property and the POINT
OF BEGINNING;
THENCE along said North right of way line North 89°5527" East, a distance of 82.84 261.56 feet; feet to the
THENCE departing said North right of way line North 00°0433" West, a distance of
North THENCE line along of said said property; North property line North 89°48'53" West, a distance of 123.01 feet to the
existing East right of way line of 99 th Avenue, also being the West line of said property;
THENCE along said East right of way line South 00 00646" East, a distance of 103.13 feet;
THENCE departing said East right of way line North 89 05314" East, a distance of 9.50 feet;
THENCE South 00 00646" East, a distance of 50.00 feet;
THENCE South 09°3949" West, a distance of 55.95 feet to said East right of way line;
THENCE along said East right of way line South 00 006146" East, a distance of 13.85 feet;
THENCE South 45°05'39" East, a distance of 56.59 feet to the POINT OF BEGINNING.
The above described parcel contains 30,649 square feet or 0.7036 Acres more or less.
Page 1 of 1
22260
KENNETH W.
GREEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION .443 66Y
Prelim: RES 8/10/16 Chk: App r:
Rev: EXPIRES 12 I 31 / 2017
Maricopa County - Real Estate Division
DATE
EXHIBIT "A"

N.T.S.
D22588
Circle K Stores Inc
101-05-013B
N89`5527"E 2633.95'
MC 85 EXIST RNV
NO. BEARING LENGTH
L1 N 89°55'27" E 82.84'
L2 N 00°04'33" W 261.56'
L3 N 89048153• W 123.01'
L4 S 00 006 146" E 103.13'
L5 N 89°53'14" E 9.50'
L6 S 0000646" E 50.00' ,C1‘ res.'
L7 S 09°39'49" W 55.95' 22260
KENNETH W.
L8 S 00 006 146" E 13.85' GREEN
49 I 7 I 1-ae.
L9 S 45°05'39" E 56.59' 0
L10 N 00°04'33" W 65.00'
D22588-2 Drainage Easement: EXPIRES 12 /31/2017
30,649 square feet or 0.7036 acres
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
R/W Agent: P.M.
PROJECT No. TT511 ITEM No. D22588-2 DATE 9-15-16 M.C.D.O.T. Tech: RES