P. D22664.PDF

Maricopa County — Formal (2017-05-10)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Security Title Agency, Inc. Date
Address 4722 N. 24th St., Ste. 200 Phone 602-230-6271
City Phoenix, AZ 85016 Fax
Escrow Officer Jason Bryant
Escrow No. 15160242
Grantor: 8300 Buckeye, LLC, an Arizona Limited Liability Company (Vincent Curci) Phone: 602 957-0924
Address: 5110 N 401h Street, Ste. 238 Phone:
City Phoenix, AZ 85018 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 El 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 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.
fl Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
Other Disbursements:
Sub Total
Title Report Credit
Land & Improvements* $1,096,696 Possession date:
A May 19, 2017
closing is aspirational
but does not constitute
a breach of contract
with a May 31, 2017
Severance Damages Close of escrow: outside closing date.
TCE Date of recording:
Cost to Cure
Special Conditions Right of Way Contract Yes Er No 1:1
Exhibit "B"
Total Closing Costs Entry Agreement YesLJ No El
Total Purchase Price $1,096,696 Addendum attached hereto and made a Yes CI No E
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: MC-85 at 83rd Avenue and Center Turn Lane Expansion PCN: TT0345
Assessor Parcel No.: 101-11-989 Item No 022664
Right of Way Agent: Steve Salazar Telephone # 602-506-4883

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.
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 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.
It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being
acquired
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.
GRANTO AO BUCKEYE, LLC, an RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Arizona jfed Liability Company
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
By: 'y tic E (LIT -
Its: 4/16,11/t96fie__ ht,y/f ,h4-rr
Real Property Branch Manager Chairman of the Board
4/R te f r7 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
GS/CS Revised 10/6/2009
GRANTOR DATE 111- 0.CW GRANTOR DATE

Parcel No. 101-11-989
Project No. TT345
MC-85 at 83RD AVENUE and CENTER TURN LANE EXPANSION
Item No. 1)22664
EXIllBIT "A"
LEGAL DESCRIPTION
A portion of the property described in Document 1999-0674068, Maricopa County Recorder's Office,
being a portion of the Southeast quarter of Section 10, Township 1 North, Range 1 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southeast corner of said Southeast quarter of Section 10, from which the South
quarter corner of said Section bears South 84°5130" West a distance of 2615.04 feet and from which
the East quarter corner of said Section bears North 00°01'29" East a distance of 2668.61 feet; thence
along the South line of the said Southeast quarter, South 84 051 130" West a distance of 1030.61 feet;
thence leaving said South line, North 05 007 131" West a distance of 65.00 feet to the Southeast corner
of "86th Avenue Industrial Park" as shown in the plat recorded in book 959 Page 39, MCR, being also
the North line of the South 65.00 feet of said Southeast quarter and the POINT OF BEGINNING;
thence continuing, North 05 007 131" West a distance of 496.08 feet; thence North 87°48'51" East a
distance of 544.20 feet to the Northwest corner of the property conveyed to "Quick Trip Corporation"
in document 2016-0326570; thence along the East line of said property, South 00 001 129" West a
distance of 469.92 feet to a point on the North line of the South 65.00 feet of said Southeast quarter;
thence along last said North line, South 84°51'30" West a distance of 501.30 feet to the POINT OF
BEGINNTNG.
The above described parcel contains 252,114 square feet or 5.7877 acres, more or less.
Page 1 of 1.
MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 06/13/16 jb Chk: Appr:
Rev: 09/22/16 jb; 9/2 6/16 jb; 12/21/16 jb
Maricopa County Public Works - Real Es4te Division EXPIRES 12/31 12017
GRANTOR 4„-- DATE
EXHIBIT "A"

NW Cor Quick Trip per
101-11-977 Doc, 2016-0326570 —
N87°48'51 "E 544.20'
N.T.S.
East line FEE ACQUISITION 101
MCR 959-35 11
002T
022664
8300 Buckeye LLC
ing-1 1-989
)-0674068
o )
co
501.30' cD
N05°07`31" 65.00' 1 0] _______
.i..„..=1030.611., • IVIC85 S84°51'30"W
2615,04'
t LanoTh
T
LEGEND: KENNETH 22260 W.
PROPOSED RM 6 a/272M GREEN ,
PROPERTY LINE td
EXIT. R/W
D22664 FEE ACQUISITION 252,114 SQUARE FEET OR 5,7877 ACRES EXPIRES 12/31/2017
PUBLIC WORKS REAL ESTATE DIVISION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No.TT345 ITEM No. D22664 DATE 12-21-16 M.C.D.O,T, R/W Tech: Agent: jb S.S.

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 101-11-989
Project No.: TT0345
Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion
Item No.: D22664 (SS)
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 One Million Ninety Six Thousand Six Hundred Ninety-Six and No/100
DOLLARS ($1,096,696.00) as payment in full for the Fee Simple property described herein.
C. To construct a screen wall per City of Tolleson development requirements. The wall will be constructed of
8"x8"xl 6" CMU blocks with a 2' x 10" tall concrete footing with a continuous #4 rebar, six (6) feet in height
along the common property line with 8300 Buckeye, LLC to the north. The wall will be 554 linear feet in length.
The wall will be constructed concurrently with the planned improvements on the property and prior to any
subsequent transfer by Maricopa County of all or any portion of the property.
D. Grantee acknowledges and understands that there are two (2) private fire water supply stubs on the north property
line of the Property that originate from the property located adjacent to north property line of the Property, as
generally depicted on Exhibit D-5 of that certain Development Agreement between Grantor and the City of
Tolleson, Arizona, an Arizona municipal corporation, dated January 25, 2000 and recorded as Document No.
2000-0115987, Official Records (the "Development Agreement"). Grantee hereby assumes the maintenance and
repair responsibility for such private fire water supply stubs and shall be responsible to repair the same if
damaged. Grantee will have the right, at Grantee's sole cost and expense, to remove the private fire water supply
stubs, provided that Grantee gives Grantor advance written notice of its intent to remove same and allows Grantor
reasonable input as to the design and timing of such removal.
E. That no costs relating to construction of roadway improvements on Project No. TT0345 will be charged to the
Grantor.
THE GRANTORS AGREE:
1. To grant a Special 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 One Million Ninety Six Thousand Six Hundred Ninety-Six and No/100 DOLLARS
($1,096,696.00) as payment in full for the Fee Simple property described herein.