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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Security Title Agency Date 3/6/17
Address 4722 North 241 Street, Suite 200 Phone 602-230-6256
City Phoenix, Arizona 85016 Fax
Escrow Officer Jason Bryant
Escrow No. 15160237-015-JBA
Grantor: FIRST PROPERTIES, INC. A Tennessee corporation Phone: 615-542-2163
Address: 202 Heritage Drive Phone:
City Murfreesboro, TN 37129 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 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
Mortgage Release 1E] 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.
D Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
Li Other Disbursements:
Sub Total
Title Report Credit
Land & Improvements* $247,716.00 Possession date:
Severance Damages Close of escrow:
TCE Date of recording:
Cost to Cure $24,814.00
Special Conditions Right of Way Contract Yes 1E] No D
Exhibit "B"
Total Closing Costs Entry Agreement Yes ID No
Total Purchase Price $272,530.00 Addendum attached hereto and made a YesLi No (21
TOTAL WARRANT** part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated March 6
2017 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.
Project: MC85 (Buckeye Road) 95e Avenue to 75th Avenue PCN:
Assessor Parcel No.: 101-06-001L Item No D22590
Right of Way Agent: Jennifer Rodriguez Telephone # 602-506-4897
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.
The Escrow Agent Is to withhold $ 0.00 as a security deposit pending satisfactory delivery of the subject property to MARICOPA COUNTY by the
Grantor. Grantor agrees MARICOPA COUNTY may apply the security deposit to payment of any unpaid rents due MAR1COPA COUNTY from the
Grantor, or to payment for any loss or damage sustained by MARICOPA COUNTY caused by the Grantor after the date of this agreement. MARICOPA
COUNTY will make written authorization to the Escrow Agent for disbursement of the security deposit In accordance with this agreement, after
acceptance of delivery and possession of the subject property.
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 - 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 a ndlor title Insurance. Upon such waiver, the references to Title Company, Escrow
Agent and title insurance herein aro 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 MAR1COPA 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.
If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate such
Improvements not later than 30 days from the date of payment_ Grantor assumes all liability connected with said removal. It Is further agreed that upon
expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of
MARICOPA COUNTY and all rights of the Grantor to said improvements shall cease and terminate. Grantor shall be liable for the reasonable costs
Incurred in removing said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the Grantor's remaining lands
where necessary to accomplish the purpose of this agreement.
If MARICOPA COUNTY is acquiring only a portion of Grantor's property-then Grantor grants to MARICOPA COUNTY, its agents, employees and
contractors, the right to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on
adjacent County owned right of way, if required. MAR1COPA COUNTY shall be responsible to the extent that damage occurs out of MAR1COPA
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 understood and agreed that this temporary right will expire and terminate thirty (30) days after
completion of the above referenced project.
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: FIRST PROPERTIES, INC RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
A Tennessee corporation MARICOPA COUNTY DEPARTMENT MAR1COPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
/7
Fa Real Property Branch Manager Chairman of the Board
ITS 3/b/RDI1 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 10/612009
Parcel No. 101-06-001L
MC85 at 83" AVENUE AND CENTER TURN LANE EXPANSION
Item No. D22590
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portions of that property described in Document number 2008-0857236 Maricopa County Recorder's Office,
being a portion of the Southeast quarter of Section 9, Township 1 North, Range 1 East, Gila and Salt River
Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at Southeast corner of said Section 9 from which the East quarter corner of said Section bears
North 00°03'07" East, a distance of 2,688.87 feet; thence along the South line of said Southeast quarter, South
89°55'32" West a distance of 113.37 feet; thence leaving said South line, North 00 004128" West, a distance of
65.00 feet to a paint on a line parallel with and 65.00 feet North of said South line and also the POINT OF
BEGINNING; thence along said parallel line, North 89 05532" Bast .a distance of 18.52 feet; thence leaving said
parallel line, North 44 059 119" East a distance of 56.63 feet to a point on the West line of the East 55.00 feet of
said Southeast quarter; thence along said West line, North 00 00307" East a distance of 1239.20 feet; thence
leaving said West line, South 89 040106" West a distance of 11.80 feet; thence South 00°16'46" East, a distance
of 41.51 feet; thence South 42°41'26" West, a distance of 5.71 feet; thence South 00 052 130" West, a distance of
5293 feet; thence South 44 012 114" East, a distance of 7.15 feet; thence South 00 016 146" East, a distance of
106.42 feet; thence South 01 010 146" West, a distance of 103.64 feet; thence South 60 025 158" West, a distance of
10.46 feet; thence South 00 052130" West; a distance of 81.63 feet; thence South 57°11'08" East, a distance of
9.38 feet; thence South 01 003 107" West, a distance of 249.42 feet; thence South 47°48'15" West, a distance of
17.89 feet; thence South 00 003'06" West, a distance of 48.30 feet thence South 43 050 158" East, a distance of
14.83 feet; thence South 04 021 120" West, a distance of 187.29 feet; thence South 00°48'07" West, a distance of
346.54 feet; thence South 41°31'55" West, a distance of 26.59 feet to the POINT OF BEGINNING.
The above described parcel contains 31,332 square feet or 0.7193 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 08-15-15 Chk: App r:
Rev: 11/18/15 jb, 01/21/16 jb
Maricopa County Public Works - Real Estate Division EXPIRES 12)31 /2017
GRANTOR DATE
EXHIBIT "A"
Page 1 of 1
NO. BEARING LENGTH DETAIL-1
Li N00°0428V 65.00' City of Tolleson (SEE PAGE 2)
12 N89°55`32"E 18.52' 101-06-433A
L3 N44°59'19"E 56.63' a
L4 889°40'06"W 11.80'
L5 800°16'46"E 41.51'
L6 842°41'26"W 5.71
L7 800°52 1301N 52,93'
18 844°12'141 E 7,15'
L9 S00°161461 106.42' -
L10 801°10'461N 103.64' '4. DETAIL-2
Ill 86002515811 10.46' (SEE PAGE 2)
L12 800°52'30"W 81.63'
L13 857°11'08"E 9.38'
L14 S47°481511 17.89' N.T.S.
L15 S00°03'06141 48.30'
1.16 843°50'58"E 14,83'
L17 84111'5571 26.59'
LEGEND:
EXIST. RN NEW RM
NEW RM CT>
a. D22590
PROP, LINE First Properties Inc
SEC. LINE — resesl. 101-06-001L
IC LLJ
fc"
k.
CCP C,>
_ 889°55'321N
MC 85 (BUCKEYE ROAD)
D22590 NEW RIGHT-OF-WAY (RM):
EXPIRES 12 31/2017 31,332 SQUARE FEET OR 0,7193 ACRES
PUBLIC WORKS REAL ESTATE DIVISION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No,11345 ITEM No. D22590 DATE 01-21-16
NO. BEARING LENGTH
Li NOO°04'28"W 65,00'
L2 N89°55'32"E 18.52'
L3 N44°59`19"E 56.63'
L4 889°40'06'W 11.80'
L5 80016'46"E 41.51 1
L6 842°41'26 1W 5.71
L7 800°52130V 52,93'
L8 844°1214T 7.15'
(.9 800°16'46"E 106.42'
LIO 801°10'46"W 103.64'
L11 860°25 1581W 10.46'
L12 800°52'301W 81,63'
L13 857°11'081 9.38'
L14 847°48'15V 17.89'
L15 800°03'069N 48,30'
L16 843°50'58"E 14,83' aS1-3
L17 841°31'55"W 26.59'
022590
First Properties Inc MALI 1
101-06-001L NEW RAN
DETAIL-3
D22590 NEW RIGHT-OF-WAY (NW): NEW RN
31,332 SQUARE FEET OR 0.7193 ACRES Ls-)
(r)
1.17
L3
S89°55i32"W 113.37'
_ -
MC 85 (BUCKEYE ROA — - - - - -
PUBLIC WORKS REAL ESTATE DIVISION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No.TT345 1 ITEM No. D22590 DATE 01-2146 I M.C,D.O,T, R/W Tech: Agent: jh R.S. PAGE 2 of 2
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 101-06-0011_,
Project No.: TT345 — MC85 (Buckeye Road) 107 111 Avenue to 75 th Avenue
Item No.: D22590
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 in Exhibit "A" for the general welfare and benefit of the public.
B. To pay the Grantors the sum of One Hundred Thirty Six Thousand Two Hundred Ninety
Four Dollars and No/100 DOLLARS ($136,294.00) as payment full for the property described
herein.
C. To pay the Grantors the sum of One Hundred Elven Thousand Four Hundred Twenty Two
Dollars and No/100 Dollars ($111,422.00) as payment in full for the improvements located on
the property described herein and broken out as follows:
31,332 s.f. X $3.50/s1 (lump sum) 4109,662.00
88 11 X $20.00/11 Chain Link Fencing with 3-strand barbwire =$ 1,760.00
Improvement Total =$111,422.00
D. To pay the Grantors the sum of Twenty Four Thousand Eight Hundred Fourteen Dollars and
No/100 DOLLARS ($24,814.00) as payment for Minor Cost-to Cure items.
Broken down as follows:
1,037 11. X $22.00/11. Chain Link Fencing with 3-strand Barbwire —$22,814.00
Reconfigure Underground Irrigation System —$ 2,000.00
Minor Cost to Cure Total: —$24,814.00
E. That, Win 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.
F. That no costs relating to construction of roadway improvements on Project No. TT345 — MC85
(Buckeye Road) 107T to 75 1h1 Avenue 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 One Hundred Thirty Six Thousand Two Hundred Ninety Four Dollars
and No/100 DOLLARS ($136,294.00) as payment in full for the property described herein.
3. To accept the sum of One Hundred Eleven Dollars Four Hundred Twenty Two Dollars and
00/100 ($111,422.00) as payment in full for the improvements located on the property described
herein.
31,332 s1 X $3.50/s.f. (lump sum) =$109,662.00
88 11 X $20.00/11 Chain Link Fencing with 3-strand barbwire =$ 1,760.00
Improvement Total =$111,422.00
4. To accept the sum of Twenty Four Thousand Eight Hundred Fourteen Dollars and No/100
Dolalrs ($24,814.00) as payment in full for the Minor Cost to Cure items on the property
described herein.
1,037 if. X $22.00/11 Chain Link Fencing with 3-strand Barbwire =$22,814.00
Reconfigure Underground Irrigation System =$ 2,000.00
Minor Cost to Cure Total: 424,814.00
5. 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 "C" and "D" above.
6. That, upon the Grantor's signing of the Warranty Deed, the County and/or its agents shall have
immediate use of the property described herein.
GRANTOR DATE 12('19 GRANTOR DATE
EXHIBIT B