J. D23372.PDF

Maricopa County — Formal (2017-03-22)

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ARIZONA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY GROUP/PROPERTY MANAGEMENT srcTioN
EXCESS LAND PURCHASE AGREEMENT
Project No.: 202L MA 000 5401 01R Date: Sale No. l.-M-490
Maricopa County, a political subdivision of the State of Arizona, herein called Purchaser, of the
State's interest in the real property known as Excess Land it L.-M-490; a vacant parcel of land
approximately 1,073 acres located on Decatur Street east of SR 202 & west of Ellsworth Rd,
Maricopa, County, Arizona and as shown on Exhibit "A" attached hereto.
By:
Shirley Seeley, Sales Agent
SALE PRICE PAYABLE AS FOLLOWS: As consideration, the Purchaser agrees to purchase
the State's interest in the above described real property for the full purchase price of Thirty
Seven Thousand, Three Hundred Eighty-One Dollars Dollars ($37,381.00) payable as follows:
$ 0 Initial deposit
$ 0 Balance of required 10% deposit to be deposited
in escrow within five (5) business days from date.
$37,381.00 Balance of full purchase price, payable at close of
escrow.
PURCHASER HEREBY AGREES TO: Close escrow, entered into at Purchaser's expense, with
Security Title Agency, 3636 N. Central Ave, e l Floor, Phoenix, Arizona 85012, Attn: Bianca
Gonzales 602.230.6235, 602.230.6256 Bianca.gonzalesAsecuritytitle.com on or before 60
days of executing this purchase contract.
The property shall be conveyed by Special Warranty Deed to: Maricopa County, a political
subdivision of the State of Arizona.
PURCHASER TO SIGN ATTACHED ENVIRONMENTAL RELEASE FORM. This agreement is
made with the understanding that it is subject to the terms and conditions attached hereto
and approval by Infrastructure Delivery and Operations.
PURCHASER: Maricopa County, a political subdivision of the State of Arizona
Address: 2801 W. Durango St. Phoenix, AZ 85009
Telephone: 602.506.4638 Fax: 602.506.4161 E-Mail garyscott@mail.maricopa.gov
Project No.: IVIRNO1
Decatur Street Maintenance and Storage SiteItem No.: D23372
C-Parcel No.: 218-07-088 and 218-07-022Z
64-17-015-M-00

TERMS OF EXCESS LAND PURCHASE AGREEMENT
ESCROW FEES: When purchase is accomplished through escrow proceedings, the
successful bidder shall pay all escrow and collection fees.
SALE CLOSING
SCHEDULE: Completion of a cash sale, or close of escrow, shall be scheduled on or
before sixty (GO) days from the date of execution of this purchase agreement.
Any application for extension of time to complete sales transaction must be
in writing and approved by ADOT. An additional deposit may be required for
any such extension. This non-refundable additional deposit will be applied
to the purchase price if the sales transaction closes.
POSSESSION: Possession will be granted upon recording of the Special Warranty Deed and
any other closing documents required.
FORFEITURE OF
DEPOSIT: In the event buyer withdraws its approved bid, or fails to comply with any of
the terms of this Agreement, ADOT is hereby entitled to retain the deposit as
liquidated damages and buyer forfeits its right to the property.
NON-ASSIGNABILITY: This Purchase Agreement and any escrow instructions arising therefrom are
not assignable until the escrow has closed.
ENVIRONMENTAL
RELEASE: Successful bidders for the purchase of excess land must sign an
Environmental Release form.
DISCLAIMER OF
WARRANTIES: The State through the Department of Transportation will convey by Special
Warranty Deed only what right, title, and interest it has in the property and
does not warrant marketability, sufficiency or color of title, ingress or egress
to the property, zoning, utilities, or the ground location of property lines
other than monumented highway right of way lines. The property is subject
to all valid rights, exceptions and/or reservations (in accordance with
Arizona Revised Statute 28-7210), whether or not these matters are of public
record. Access to any existing utilities will be by way of what is existing at
the time of this conveyance and shall be the responsibility of the Purchaser
herein and the public or utility companies to show where that access is
located. The obligation is upon the buyer to examine to their satisfaction the
status of all matters affecting the property including the accuracy of title,
boundaries, zoning, and physical conditions. If agricultural irrigation is to be
supplied, the cost of extending service to the property is totally and
expressly the cost of purchaser. It is understood that this Disclaimer of
Warranties shall remain in full force and effect regardless of the language
contained in any subsequent closing documents or deeds.
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RELEASE
EXCESS LAND NO.: L-M-490
The State of Arizona Arizona De a rtm ent of Seller and Maria) a County, a_ngEtl
subdivision of the State of Arizona (Buyer) have entered into a purchase and sale agreement (the
Contract) dated and concerning the real property described in Exhibit A together
with any improvements thereon.
The Contract requires Buyer release Seller of and from all liabilities, obligations and claims, known
and unknown, that Buyer may now have against Seller or that may arise in the future based in whole
or in part upon the presence of toxic or hazardous substances or other environmental contamination
on or within the Property.
Therefore, in return for sale of the Property and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Buyer agrees as follows:
Buyer hereby releases Seller of and from a) any and all claims, demands, causes of action, losses,
damages, liabilities, costs and expenses of any kind, known or unknown, past, present or future
relating to the Property arising out of any violation of any law, statute, ordinance, rule regulation order
of determination of any governmental authority pertaining to health or environment and b) all matters
known or unknown, past, present, or future, relating to any act, omission, event or circumstance
related to hazardous substances or environmental contamination within, on, or released from the
Property.
Buyer's agreement to release Seller is a material portion of the consideration for conveyance of the
Property by Seller to Buyer.
The terms and provisions of this Release shall run with the Property and shall be binding upon Buyer
and Buyer's successors in interest.
Should at any time the property conveyed not be utilized for a public purpose, said property shall be
conveyed back to the Arizona Department of Transportation pursuant to A.R.S. Section 28-7096 (B)
Executed this day of 2017.
Purchaser: Maricopa County, a political subdivision of the State of Arizona
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Parcel No.: 218-07-088 and 218-07-022Z
Project No.: MRN01.
Decatur Street Maintenance and Storage Site
Item No.: D23372
C-64-17-015-M-00
RECZMENDED FOR APPROVAL:
w/1
Real Property Branch Manager Date
Approved as to form within the powers and authority of the Board of Supervisors
Deputy County Attorney Date
ACCEPTED AND APPROVED:
MARICOPA COUNTY BOARD OF SUPERVISORS
Executed this day of 2017
Purchaser: iVlarieopa County, a political subdivision of the State of Arizona
By:
Chairman of the Board
Before me, , Notary Public in and for said County, State of
Arizona, on this day acknowledges , known to me to be
the person whose name is subscribed to the foregoing instrument as the Chairman of the Board of
the Political Subdivision described in the foregoing instrument.
Given under my hand and seal of the office this day of 2017
My Commission Expires:
11"
ATTEST:
Clerk of the Board of Supervisors Date
Accepted:
Escrow Officer Date
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