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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company _North American Title Insurance Company Date August 3, 2016
Address 3200 E. Camelback Road, Suite 200 Phone — 602-294-2505
City, State, Zip _ Phoenix, Arizona 85018 Fax 480-596-5031
Escrow Officer | Mark Osborn
Escrow No. 29400-15-80982
Grantor: Allen W. Spencer and Brenda Spencer, husband and wife Phone: _ 602-509-5373
Address: 19725 E. Riggs Road Phone:
City, State, Zip Queen Creek, Arizona 85142 Fax: }
Grantee: Maricopa County, a political subdivision of the State of Arizona
Maricopa County Department of Transportation
Mailing Address:
Real Estate Division, 2901 W. Durango Street, Phoenix, Arizona 85009
MARICOPA COUNTY shail 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 [J 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.
X] LX 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.A. of Purchase. The current year's taxes shail not be prorated
Taxes - Prorated regardless of the closing date.
a Easement{s): Consent to easement(s) by secured party (ies).
Tota! Other Charges
[] Other Disbursements:
Sub Total
Title Report Credit
Land $11,898.00 Possession date:
improvements $ 9,519.00 Close of escrow:
Severance Damages Date of recording:
TCE $00,00
Cost to Reestablish $00.00 Special Conditions Right of Way Contract Yes) No]
Drainage Easement Exhibit B”
3 1 80 2 0 0 1258 2442 1001 36 -1
4 1 80 2 1 0 1258 2442 953 36 -1
5 1 80 2 1 1 1258 2444 83 34 96.514122 Entry
5 1 80 2 1 2 1350 2444 174 34 96.514122 Agreement
5 1 80 2 1 3 2012 2442 109 36 0.000000 Yes(]
5 1 80 2 1 4 2169 2448 42 27 96.437553 No
3 1 80 3 0 0 1257 2486 1002 37 -1
4 1 80 3 1 0 1257 2486 1002 37 -1
5 1 80 3 1 1 1257 2487 171 29 96.380585 Addendum
5 1 80 3 1 2 1441 2487 134 29 96.648674 attached
5 1 80 3 1 3 1589 2487 99 29 96.121513 hereto
5 1 80 3 1 4 1701 2489 57 28 95.431282 and
5 1 80 3 1 5 1770 2489 87 28 94.541641 made
5 1 80 3 1 6 1869 2498 17 19 94.541641 a
5 1 80 3 1 7 2012 2486 109 36 86.476921 YesL]
5 1 80 3 1 8 2169 2487 90 36 66.494736 No&X
3 1 80 4 0 0 1258 2531 174 34 -1
4 1 80 4 1 0 1258 2531 174 34 -1
5 1 80 4 1 1 1258 2532 59 33 96.156349 part
5 1 80 4 1 2 1330 2531 102 28 96.807686 hereof
2 1 81 0 0 0 229 2675 1092 37 -1
3 1 81 1 0 0 229 2675 1092 37 -1
4 1 81 1 1 0 229 2675 1092 37 -1
5 1 81 1 1 1 229 2676 104 27 66.365700 *Sum
5 1 81 1 1 2 348 2676 33 27 91.880829 of
5 1 81 1 1 3 393 2676 98 27 91.880829 Total
Total Ciosing Costs
Total Purchase Price $21,417.00
TOTAL WARRANT**
*Escrow and title policy fees based on this amount only.
Closing Costs” and Total
5 1 81 1 1 8 961 2675 155 30 96.267982 Purchase
5 1 81 1 1 9 1131 2676 101 29 57.817574 Price“
5 1 81 1 1 10 1243 2678 78 34 93.822464 only.
2 1 82 0 0 0 156 2736 2117 161 -1
3 1 82 1 0 0 156 2736 2117 161 -1
4 1 82 1 1 0 157 2736 2116 39 -1
5 1 82 1 1 1 157 2736 59 29 96.029457 The
5 1 82 1 1 2 229 2736 188 33 96.321358 GRANTOR,
5 1 82 1 1 3 430 2736 104 35 96.732224 having
5 1 82 1 1 4 546 2736 143 29 96.713654 executed
5 1 82 1 1 5 702 2744 17 21 95.690613 a
5 1 82 1 1 6 730 2744 191 27 95.690613 conveyance
5 1 82 1 1 7 934 2736 31 29 97.002213 of
5 1 82 1 1 8 975 2736 102 29 96.106476 certain
5 1 82 1 1 9 1090 2736 58 29 96.378296 real
5 1 82 1 1 10 1161 2739 127 33 96.595284 property
5 1 82 1 1 11 1300 2738 86 34 96.955719 rights
5 1 82 1 1 12 1398 2739 27 26 96.880470 to
5 1 82 1 1 13 1437 2738 48 27 96.850807 the
5 1 82 1 1 14 1497 2738 128 28 96.992172 Grantee
5 1 82 1 1 15 1638 2738 24 28 96.663040 in
5 1 82 1 1 16 1675 2747 17 19 96.585449 a
5 1 82 1 1 17 1704 2739 105 29 96.585449 certain
5 1 82 1 1 18 1822 2747 185 28 96.574486 conveyance
5 1 82 1 1 19 2019 2741 87 28 96.811592 dated
5 1 82 1 1 20 2118 2741 155 30 96.032196 7/30/2016
4 1 82 1 2 0 157 2778 2078 39 -1
5 1 82 1 2 1 157 2778 155 29 96.695168 described
5 1 82 1 2 2 325 2778 26 29 96.822418 in
5 1 82 1 2 3 364 2778 105 29 95.399475 Exhibit
5 1 82 1 2 4 481 2778 47 29 52.222984 A"
atlached 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: Riggs Road (Power Road to Hawes Road) PCN: _TT406
Assessor Parcel No.: 304-90-034B Item No _D23267
Right of Way Agent: Wayne Jones Telephone # (602) 234-1000
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 te 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 Titte 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 reteases 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 titie 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.
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 ail 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 shail 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.
lf 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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Allen W. Sp encer gnd Brenda Spencer, :
husband and wif
vA Via MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
ot fl -—— OF TRANSPORTATION SUPERVISORS
;
Allen. W. Spencer
Sou
Jd bur
Right of Way Acquisition Manager Chairman of the Board
Lti-y3
Brenda Spencer e/2 5 [2 Olle 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
EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 304-90-034B
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23267
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.
o>
To pay the Grantors the sum of Eleven Thousand Fight Hundred Ninety Fight Dollars and No/100
DOLLARS ($11,898.00) as payment in full for the property described herein.
C, To pay the Grantors the sum of Nine Thousand Five Hundred Nineteen Dollars and No/100 DOLLARS
($9,519.00) as payment in full for the improvements located on the property described herein and broken out as
follows:
Trees =$7,998.00
Grass =$1,521.00
Site Improvements Total =$9,519.00
D. To pay the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment for reestablishment of
depreciated improvements located on the property described herein,
E, To pay the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Temporary
Construction Easement on the property described herein.
F, To pay the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Drainage
Easement on the property described herein.
G, 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.
H. That no costs relating to construction of roadway improvements on Project No. TT406 Riggs Road (Power Road
to Hawes Road) will be charged to the Grantor.
f
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.
1 To accept the sum of Eleven Thousand Eight Hundred Ninety Eight Dollars and No/100 DOLLARS
($11,898.00) as payment in full for the property described herein.
2. To accept the sum of Nine Thousand Five Hundred Nineteen Dollars and No/100 DOLLARS ($9,519.00) as
payment in full for the improvements located on the property described herein and broken out as follows:
Trees =$7,998.00
Grass =$1,521.00
Site Improvements Total =$9,519.00
3, To accept the sum of N/A and 00/100 Dollars ($00.00) as payment for reestablishment of depreciated
improvements located on the property described herein.
4, To accept the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Temporary Construction
Easement on the property described herein.
5, To accept the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Drainage Easement on the
property described herein,
6. 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.
7. 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
a ?
GRANTOR DATE “7-30-20 GRANTOR LP DATE (-30A%Ls
EXHIBIT “B”
Parcel No. 304-90-034B
Project Ne. TT406
RIGGS ROAD
(FROM POWER ROAD TO HAWES ROAD)
Item No, D23267
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
The South 30.00 feet of the North 70.00 feet of that property described in Document
number 2003-0132820 records of the Maricopa County Recorder (MCR) lying within the
Northeast quarter of the Northwest quarter of the Northeast quarter of Section 32,
Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa
County, Arizona, Sald South 30.00 feet more particularly described as follows;
COMMENCING at the North quarter corner of said Section 32; THENCE North 89°31/18”
East a distance of 881.37 to the Northwest corner of that property described in said
Document number 2006-0132820; THENCE along the West line of that property
described in said Document number 2006-0132820, South 00°05'34” East a distance of
40.00 feet to the POINT OF BEGINNING; THENCE continuing along said West tine
South 00°05‘34” East a distance of 30.00 feet; THENCE leaving said West line, North
89°31'18” East a distance of 220.34 feet to a point on the East line of said property;
THENCE along said East line, North 00°05’28" West a distance of 30,00 feet to the South
line of the North 40.00 feet of said Northeast quarter of Section 32; THENCE along said
South line South 89°31'18" West a distance of 220.34 feet to the POINT OF
BEGINNING,
The above described parcel contains 6,610 square feet or 0.1518 acres, more or less,
Together with all right, title and interest in the North 40,00 feet of said property as
conveyed to Maricopa County in Docket number 11965, Page 104 MCR,
Page | of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 5-22-15 Chk: | Appr:
Rev: 5-3-16 EXPIRES 3-31-2017
Maricopa County Public Works - Real Estate vision
VY;
GRANTOR DATE 1-4 0-00
EXAIBIT “A”
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