C. D23327.PDF

Maricopa County — Formal (2016-12-07)

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aay Maricopa County Department of Transportation
xe Purchase Agreement and Escrow Instructions
Title Company — Security Title Agency, Inc. Date 11/9/2016
Address 3636 North Central Avenue, 3 Floor Phone 602-230-6271
City Phoenix, Arizona 85012 Fax 602-230-6256
Escrow Officer Jason Bryant
Escrow No. 15150404-015-BG
Frank Conforti as Trustee of the Frank Conforti Revocable Trust,
U/T/A dated October 16", 2001, as to an undivided one-haif interest
and Concetta Conforti, as Trustee of the Concetta Conforti Revocable
Grantor: Trust, U/T/A dated October 16", 2001, as to an one-half interest Phone: _ 630-776-0569
Address: Northwest Corner of West Olive Avenue and 175” Avenue Phone:
City Waddell, Arizona 85355 Fax:
;
Grantee: Maricopa County, a political subdivision of the State of Arizona
«4: Maricopa County Department of Transportation
Mailing Address. .
Real Estate Division, 2901 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 C1 Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees monetary liens and encumbrances, and leases of any kind.
Release Fees Pay in full all due and delinquent real property taxes and
general and special improvement assessments. Prorate the
current year's real property taxes on closings that occur on or
After the 3rd Monday of August each year. Escrow Agent
shall withhold the prorated amounts from each party and pay
the lien of the current year's taxes in full.
XX Partial Acquisition of Grantor's Property: Partial release of all
monetary liens and encumbrances, and leases of any kind.
At the discretion of Maricopa County, pay due and delinquent
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.LA. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
x] Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
L] Other Disbursements:
Sub Total
\
Title Report Credit
Land $9,674.00 Possession date:
Drainage Easement $11,485.00 Close of escrow:
Severance Damages Date of recording:
Cost to Reestablish $00.00 Special Conditions Right of Way Contract Yes No]
Exhibit B
Entry Agreement YesL] Nol]
Total Closing Costs Addendum attached hereto and made a Yes—-] No]
Total Purchase Price $21,159.00 part hereof
TOTAL WARRANT**
*Escrow and title policy fees based on this amount only.
“Sum of Total
5	1	31	1	2	4	501	2714	132	36	95.886818	Closing
5	1	31	1	2	5	648	2714	117	28	95.295303	Costs and Total
5	1	31	1	2	8	975	2714	165	28	96.239601	Purchase
5	1	31	1	2	9	1153	2714	107	28	57.461311	Price only.
The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated
November 9, 2016 described in Exhibits 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: Olive Avenue (Citrus Road to Cotton Lane) PCN: _TT0497
Assessor Parcel No.: §02-08-001C Item No D23327
Right of Way Agent: Jennifer Rodriguez Telephone # _ 602-506-4897

s.
The Escrow Agent shail 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 MARICOPA 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 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 handied 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. :
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 al 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 ail rights of the Grantor to said improvements shall cease and terminate. Grantor shall be flable 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. 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 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: Frank Conforti as Trustee of RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
The Frank Conforti Revocable TRUST,
°
U/T/A dated October 16", 2001, as to an MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
Undivided one-haif interest and Concetta OF TRANSPORTATION SUPERVISORS
Conforti, as Trustee of the Concetta
/
Conforti Revocable Trust, U/T/A dated
October as to an one-half interest
wind Real Property Branch Manager Chairman of the Board
Ayé Lf Lf}
‘f cain £:
A! [ iq /aete 5	1	30	1	1	9	1692	2657	150	28	45.298958	ATTEST:
4	1	30	1	2	0	951	2703	77	29	-1	
5	1	30	1	2	1	951	2703	77	29	96.705734	Date
3	1	30	2	0	0	145	2783	2105	129	-1	
4	1	30	2	1	0	145	2783	1304	42	-1	
5	1	30	2	1	1	145	2793	160	29	93.230499	Concetta
5	1	30	2	1	2	318	2790	150	35	92.653595	Conforti,
5	1	30	2	1	3	481	2790	133	29	62.937920	Trustee
5	1	30	2	1	4	946	2789	163	36	96.855476	Approved
5	1	30	2	1	5	1122	2796	36	20	95.799850	as
5	1	30	2	1	6	1170	2789	29	28	95.799850	to
5	1	30	2	1	7	1211	2787	72	29	96.459503	form
5	1	30	2	1	8	1294	2787	92	29	96.910782	within
5	1	30	2	1	9	1400	2787	49	29	96.532875	the
4	1	30	2	2	0	949	2831	1297	37	-1	
5	1	30	2	2	1	949	2840	119	28	95.550568	powers
5	1	30	2	2	2	1081	2832	60	29	95.550568	and
5	1	30	2	2	3	1153	2831	142	36	96.261230	authority
5	1	30	2	2	4	1306	2831	32	28	96.997093	of
5	1	30	2	2	5	1345	2831	50	28	96.814453	the
5	1	30	2	2	6	1410	2831	93	27	96.194664	Board
5	1	30	2	2	7	1518	2831	32	27	96.912422	of
5	1	30	2	2	8	2175	2843	71	12	25.340649	ee
4	1	30	2	3	0	948	2849	1302	67	-1	
5	1	30	2	3	1	948	2849	197	67	96.049248	Supervisors
5	1	30	2	3	2	1704	2850	84	29	96.765350	Clerk
5	1	30	2	3	3	1799	2850	33	29	96.233322	of
5	1	30	2	3	4	1841	2850	49	29	96.787582	the
5	1	30	2	3	5	1903	2850	97	29	96.826309	Board
5	1	30	2	3	6	2014	2850	32	29	96.702309	of
5	1	30	2	3	7	2056	2850	194	36	96.433372	Supervisors
2	1	31	0	0	0	141	2921	585	67	-1	
3	1	31	1	0	0	141	2921	585	67	-1	
4	1	31	1	1	0	141	2921	585	39	-1	
5	1	31	1	1	1	141	2922	159	38	96.384438	Accepted
5	1	31	1	1	2	652	2921	74	27	96.954597	Date
4	1	31	1	2	0	369	2967	225	21	-1	
5	1	31	1	2	1	369	2969	111	19	96.769264	ESCROW
5	1	31	1	2	2	486	2967	108	21	96.076790	OFFICER
2	1	32	0	0	0	945	2978	1430	28	-1	
3	1	32	1	0	0	945	2978	1430	28	-1	
4	1	32	1	1	0	945	2978	1430	28	-1	
5	1	32	1	1	1	945	2978	1430	28	95.000000	 
2	1	33	0	0	0	948	3002	819	39	-1	
3	1	33	1	0	0	948	3002	819	39	-1	
4	1	33	1	1	0	948	3002	819	39	-1	
5	1	33	1	1	1	948	3005	118	36	96.553001	Deputy
5	1	33	1	1	2	1078	3005	116	34	95.030022	County
5	1	33	1	1	3	1204	3003	139	36	81.532196	Attorney
5	1	33	1	1	4	1373	2999	24	46	62.230499	—
5	1	33	1	1	5	1405	3003	74	27	0.000000	Date
5	1	33	1	1	6	1692	3002	75	28	97.008224	Date
2	1	34	0	0	0	144	3077	387	28	-1	
3	1	34	1	0	0	144	3077	387	28	-1	
4	1	34	1	1	0	144	3077	387	28	-1	
5	1	34	1	1	1	144	3080	102	25	76.966751	GS/CS
5	1	34	1	1	2	258	3078	117	27	96.672310	Revised
5	1	34	1	1	3	388	3077	143	27	96.265053	10/6/2009
2	1	35	0	0	0	2545	450	5	70	-1	
3	1	35	1	0	0	2545	450	5	70	-1	
4	1	35	1	1	0	2545	450	5	70	-1	
5	1	35	1	1	1	2545	450	5	70	95.000000	 
2	1	36	0	0	0	2532	1088	18	2210	-1	
3	1	36	1	0	0	2532	1088	18	2210	-1	
4	1	36	1	1	0	2532	1088	18	2210	-1	
5	1	36	1	1	1	2532	1088	18	2210	95.000000	 
2	1	37	0	0	0	2545	2305	5	36	-1	
3	1	37	1	0	0	2545	2305	5	36	-1	
4	1	37	1	1	0	2545	2305	5	36	-1	
5	1	37	1	1	1	2545	2305	5	36	95.000000
Frank Conforti, Trusfée

EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 502-08-001C
Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane)
Item No.: D23327
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:
To use the real property described in Exhibit A for the general welfare and benefit of the public.
D>
To pay the Grantors the sum of Nine Thousand Six Hundred Seventy Four Dollars and 00/100 ($9,674.00) as
payment full for the property described herein.
To pay the Grantos the sum of Eleven Thousand Four Hundred Eighty Five Dollars and 00/100 DOLLARS
YO ($11,485.00) as payment in full for the Drainage Easement on the property described herein.
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. TT0497 Olive Avenue (Citrus
Road to Cotton Lane) will be charged to the Grantor.
THE GRANTORS AGREE:
JL 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 Nine Thousand Six Hundred Seventy Four Dollars and 00/100 ($9,674.00) as payment in
full for the property described herein.
3. To accept the sum of Eleven Thousand Four Hundred Eighty Five Dollars and 00/100 ($11,485.00) as
payment in full for the Drainage Easement on the property described herein.
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.
5. 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.
GRANTORE-C © paTEl)- 4: 2¢/¢ GRANTOR C.G DATE U/- F-22076
EXHIBIT “B”

Parcel No, 502-08-001C
Project No. TT497
OLIVE AVENUE
CITRUS ROAD TO COTTON LANE
;
Item No. D23327
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portion of that property described in Document Number 2002-0119822, records of Maricopa County,
Arizona lying within the Southeast quarter of the Southwest quarter of Section 26, Township 3 North, Range 2
West of the Giia and Salt River Base and Meridian, County, Arizona. Said portion more particularly
Maricopa
described as follows:
COMMENCING at the Southwest corner of the Southwest quarter of said Section 26, from which the South
quarter corner bears South 89°57’33"E, a distance of 2,639.87 feet and from which the West quarter corner
bears North 00°23'37" East, a distance of 2,633.01 feet; thence along the South line of said Southwest quarter,
South 89°57'33 East a distance of 1319.94 feet; thence leaving said South line, North 00°25'11" East a
distance of 60,00 feet to the Southwest corner of the property described in said Document Number 2002-
(0119822 and also the POINT OF BEGINNING; thence along the West line of said property, North 00°25"11"
East a distance of 10.00 feet to a point on the North line of ihe South 70.00 feet'of the said Southwest quarter;
thence along said North line, South 89°57'33" East a distance of 915,96 feet; thence South 00°26'45" West, a
distance of 10.00 feet to a point on the North line of the South 60.00 feet of the said Southwest quarter; thence
along iast said North line, North 89°57'33" West a distance of 915.95 feet to the POINT OF BEGINNING.
The above described parcel contains 9,159 square feet or 0.2103 acres, more or less.
TOGETHER with alf right title and interest in that portion of that certain property described in Document
number 2002-0119822 lying within those parcels of land described in Docket 10541, Page 717, Docket
10409, Page 1128, and Document Number 2007-0051639 records of Maricopa County, Arizona.
Page 1 of I
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 1/22/16 | Chk: Appr:
Rev: 07/27/16 jb ‘
Maricopa County Public Works ~ Real Estate Division EXPIRES 12/34/2017
GRANTORE © C,@. DATEYI-4 Ill
EXHIBIT “A”

Parcel No, 502-08-001C
Project No. TT497
OLIVE AVENUE
CITRUS ROAD TO COTTON LANE
Tiem No. D23327-2
EXHUBIT “A”
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A. portion of that property described in Document Number 2002-0119822, records of Maricopa County,
Arizona lying within the Southeast quarter of the Southwest quarter of Section 26, Township 3 North, Range 2
West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Said portion described as
follows:
COMMENCING at the Southwest corner of the Southwest quarter of said Section 26, frorn which the South -
quarter corner bears South 89°57'33"E, a distance of 2,639.87 feet and from which the West quarter corner
bears North 00°23°37”" East, a distance of 2,633.01 feet;.thence along the South line of said Southwest
quarter, South 89°57'33 East a distance of 1319.94: feet; thence leaving said South line, North 00°25'11" East
a distance of 70.00 feet to a point on the North line of the South 70,00 feet of the said Southwest quarter and
the POINT OF BEGINNING; thence along said North line, South 89°57'33" East a distance of 725.00 feet;
thence North 00°25’27” East, a distance of 20.00 feet to a point on the North line of the South 90.00 feet of the
said Southwest quarter; thence along last said North fine, North 89°57°33” West a distance of 724.87 feet;
‘thence South 00°25°11” West a distance of 20,00 feet to the POINT OF BEGINNING.
The above described parcel contains 14,499 square feet or 0.3329 Acres more ot less.
Page { of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 1/22/16 | Chk: | Appr:
Rev: 07/27/16 jb
Maricopa County Public Works - Real Estate Division
GRANTOR CC DATE [t+ 9-/6
EXHUBIT 4A”