N. D22589-2.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 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 lvlOsborn(th,nat.com
Escrow No. 29400-16-83043
Grantor: Buckeye Road and 99th Avenue Holdings LLC, do Mr. Richard Held Phone: 818-406-9226
Address: 9171 Wilshire Blvd., Suite 650 Email rod264@aol.eom
City, State Zip Beverly Hills, CA 90210 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 closin. as follows: wril IiimmomIsiiiiiImemIE
Escrow Fees IIIIIIIIIIIIIIm IIIIMINIM II • Total Ace uisition of Grantor's Prone : Full release of all
Title Polic Fees 11111M11.1 , . Atuamx t t ju 115.thulasmul 1 . ill1111 t
IIMIMII. • Pay in full all due and delinsuent real pro tert taxes and
11.1111.110.1=1.11=1=111.111111.1M11 • leneral and s 'eclat imtrovement assessments. Prorate the
Total Escrow & Title Fees ..111111.= current ear's real sr° t ei taxes on closirus that occur on or
111 1111.M11111M1111111111 • After the 3rd Monda of Au„ust each year. Escrow Agent
Recording Fees: 1.1.1M11111=1111M .11 1 I each t .1 gitaitaMill
Deed 111.1=1.111.11.11=111.11 • the lien of the current ear's taxes in full.
IMEEMZMIMMIMIMIMMIIIIIIIM Mortgage Release MillEMIll 4 Partial Ace uisition 111.111=11111111 of Grantor's Prose : Partial release of all
Release of Lease IIMIIMIMIMMIMIIIMMII e - . e 1 , 1 - a
1=111111=11111111MEMI• At the discretion of Maricova Coon , s a due and delintuent
Total Recordinl Fees MIIIME1111. •roterty taxes and general and special im rovement
111111111=1 • assessments, including full ta ment of taxes and
Other Char:es: EIMIIIMI assessments on individual assessor sarcels within the
Release Fees 1110111.11.1111.11M.11.11 Maricosa Coun 's eartial actuisition, and an Certificate s
S.R.V.W.U.A. IIIIIMIIIIII=Il of Purchase. The current ear's taxes shall not be trorated
Taxes - Prorated 11.11.11.111.1.1111.111.. regardless of the closin: date.
11110111111111= IIIIIMMINIMMIIIIMI
MIIIIMIMIMIIIMII F. Easement(s): Consent to easement(s b secured tar (ies .
Total Other Charles .111.1MIIMI MIIIMIIIIIIEIIIMIIIIMMIIIMIIIMIIMMIIIIM
MM.= • • Other Disbursements:
Sub Total IMIIIMIll
111111=11...1111M111.1 11.111=11.11=111111111Mill=
Title Resort Credit U 111.1MIIMINIMINIII=M11.111MINIM
Land & Imtrovements* 111111=1111..111=1111 • Possession date: IIIMMINIMMIMMIIIMII
Severance Dama:es $48,892 • Close of escrow: =MM.
1181=11111MIMMIIIMINE • Date of recordin : .111=1111M
Cost to Cure IIMINIM 11=11.111111 111..1.11...11
Draina.e easements $196,332 .111M11.1 • Seecial Conditions Ri:ht of Wa Contract Yes 0 No •
IIIIMIIIM • Exhibit "B" IMEIM
Total Closing Costs IIMMIIMIIMINIM • KEZREEMNIMIIIIMIN Yes 0 No El"
Total Purchase Price $245,224 111 Addendum attached hereto and made a Yes D No ..
TOTAL WARRANT** INIMIIM. •art hereof NMI
*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.: 101-05-013A, 013C Item No D22589-2
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 arc 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 or 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.
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
: uckeye oad and 991" Avenue RECOMMENDED FOR APPROVAL: Ill ACCEPTED AND APPROVED:
Ho 'ngs
MIMI III
MARICOPA COUNTY DEPARTMENT 111 MARICOPA COUNTY BOARD OF
OF TRANSPORTATION 111 SUPERVISORS
1111.nMi d 111.11111MIIMIN
IllagallIMIMIMMIM 1111.1.11.11.11.M.1.1.011
rarli&WINOMFJOIMINMI r - --- 1 Mil ill
INIMINIMINIMMIIMMEMOININI Real Pro ic Branch Manager El Chairman of the Board
IUOMIMIIIBMIIIOIMEIMIIIMIMIMMIIIMIIIMIIIMIIIII
IMIE17/EMMIIIII=1111.111111 AT'FEST:
• Date Ill
IIIMIMIMIIIMIIIMIMMIMMIIIIIIMIMIIMMMIMMMMM
EIIIIIEIIINIIIMIIIMIIMMIENI A. @roved as to form within the 1.1.1.11.1.M.MIII=MIMII
IIMIIIIIIIIIIIIIIIII I powers i and authority of the Board of II Clerk of the Board of Supervisors
Accepted Date EIMIIIMEIMENIMINIE
ESCROW OFFICER MIIIIMIEEMMEMIMIMIMI1 ...11...IMMINIMINEMIE
MIIIMMINIMIIMMEIMEll De .0 Coun Attome Date • Date
RES/KOR Revised 2/3/2017

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 101-05-013A, 013C
Project No, TT0511
Project Name: MC85 at 83 1d Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22589-2 (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.
THE COUNTY OF MAR1COPA 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 One Hundred Ninety Six Thousand Three Hundred Thirty Two and No/100
DOLLARS ($196,332.00) as payment in full for the Drainage Easements on the properties described herein.
C. To pay the Grantors the sum of Forty Eight Thousand Eight Hundred Ninety Two and NO/100 DOLLARS
($48,892.00) as payment in full for severance damages.
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. TT0511 will be charged to the
Grantor.
THE GRANTORS AGREE:
I. To grant a 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.
2. To accept the sum of One Hundred Ninety Six Thousand Three Hundred Thirty Two and No/100
DOLLARS ($196,332.00) as payment in full for the Drainage Easements on the properties described herein.
3. To accept the sum of Forty Eight Thousand Eight Hundred Ninety Two and NO/100 DOLLARS
($48,892.00) as payment in full for severance damages.
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.
GRANTOR l:>Ak DATE GRANTOR DATE

Parcel No. 101-05-013A, 013C
Project No. TT511
MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107th AVENUE to 95th AVENUE
Item No. 022589-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENTS
Two parcels of land being a portion of that property as described in Document 2006-0433227,
Maricopa County Records, being Lot 2 of Tolleson Investment Property Amended as described in
Book 750 of Maps, Page 30, lying within the Southwest quarter of Section 9, Township 1 North,
Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more
particularly described as follows:
PARCEL ONE:
COMMENCING at the Southwest corner of Section 9 frorn which the West quarter corner of said
Section 9 bears North 00 00646" West, a distance of 2641.55 feet;
THENCE along the West line of said Section 9 North 00 00646" West, a distance of 327.44 feet;
THENCE departing said West section line South 89°48'53" East, a distance of 70.00 feet to the
existing East right of way line of 99 th Avenue and the POINT OF BEGINNING;
THENCE departing said East right of way line South 89 048 153" East, a distance of 85.91 feet;
THENCE departing said South property line North 00 006146" West, a distance of 272.28 feet;
THENCE South 89053 114" West, a distance of 85.90 feet to said East right of way line, also being the
West line of said property;
THENCE along said East right of way line South 00 006 146" East, a distance of 271.83 feet to the
POINT OF BEGINNING.
The above described parcel contains 23,370 square feet or 0.5365 Acres more or less.
PARCEL TWO:
COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said
Section 9 bears North 89°55'27" East, a distance of 2633.95 feet;
THENCE along the South line of said Section 9 North 89°55 127" East, a distance of 303.56 feet;
THENCE departing said South section line North 00°1104" East, 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;
DATE
Page 1 o12
EXHIBIT "A"

D22589 -2 (cont'd)
THENCE along said North right of way line North 89 055 127" East, a distance of 167.84 feet to the East
line of said property;
THENCE along said East property line North 00°04'33" West, a distance of 115.87 feet;
THENCE departing said East property line South 89 055 127" West, a distance of 167.32;
THENCE South 00°10'51" West, a distance of 115.87 feet to the POINT OF BEGINNING.
The above described parcel contains 19,418 square feet or 0.4458 Acres more or less.
Parcels 1 and 2 combined contain 42,788 square feet or 0.9823 Acres more or less.
Page 2 of 2
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RES 8/10/16 Chk: Appr:
Rev: EXPIRES 12 / 31 /2017
Maricopa County - Real Estate Division
GRANTOR CA.c.L1 DATE
EXHIBIT "A"

N.T.S. D22589
Buckeye Road & 99th Avenue
Holdings LLC
101-05-013A
i-
cr) TOLLESON INVESTMENT
PROPERTIES AMENDED
MCR 750 - 30
D22589
°0646"W Buckeye Road & 99th Avenue
L9 I L1 Holdings LC
NOO 101-05-013C
N89 °55'27"E 2633.95'
NO. BEARING LENGTH
LI S 89°48'53" E 85.91'
L2 N 00006 146" W 272.28'
L3 S 89'53'14" W 85.90'
L4 S 00006 146" E 271.83'
L5 N 89°55'27" E 167.84'
L6 N 00°04'33" W 115.87'
L7 S 89°55'27" W 167.32'
L8 S 00°10'51" W 115.87'
L9 S 89048 153" E 70.00'
L10 N 00°11'04" E 65.00'
D22589-2 Drainage Easements:
Parcel 1: 23,370 square feet or 0.5365 acres
Parcel 2: 19,418 square feet or 0.4458 acres EXPIRES 12/31/2017
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No, T1511 ITEM No, 022589-2 DATE 9-15-16 M,C.D.O.T, R/W Tech: Agent: RES M.P.