Extracted text (via pymupdf_layout)
14391 characters
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