F D23267 RS.PDF

Maricopa County — Formal (2016-09-07)

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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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