L D23269 RS.PDF

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company _North American Title insurance Company Date 8/1/2016
Address 3200 E. Camelback Road, Suite 200 Phone — 602-284-4108
City Phoenix, Arizona 85018 Fax 602-280-7560
Escrow Officer | Mark Osborn
Escrow No. 29400-15-80984
Grantor: Steve Smith Family Holdings, LLC, an Arizona Limited Liability Company Phone: _ 480-201-8455
Address: 25207 South 198" Street Phone:
City Queen Greek, 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 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 {1 Total Acquisition of Grantor's Property: Full release of ail
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.
1 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 shall not be prorated
Taxes - Prorated regardless of the closing date.
xX] Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges Drainage Easement
( Other Disbursements:
Sub Total
Title Report Credit
Land $8,925.00 Possession date:
improvements $00.00 Close of escrow:
Severance Damages Date of recording:
TCE $00.00
Cost to Reestablish $00.00 Special Conditions Right of Way Contract Yes) Nol]
Drainage Easement $10,404.00 Exhibit B
Entry Agreement Yesl] No
Total Closing Costs Addendum attached hereto and made a Yes£] No fX]
Total Purchase Price $19,329.00 part hereof
TOTAL WARRANT“
*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 _August 1,
2016 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: Riggs Road (Power Road to Hawes Road} PCN: T1406
Assessor Parcel No.: 304-90-031K Hem No D23269
Right of Way Agent: Wayne Jones Telephone # (602) 234-1000

Escrow shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and
The Agent
encumbrances be authorized for payment and the balance thereof shal! be paid in accordance with the terms herein.
other as may
Escrow is to withhold $ 0.00 as a security deposit pending satisfactory delivery of the subject property to MARICOPA COUNTY by the
The Agent the security deposit to payment of any unpaid rents due MARICOPA COUNTY from the
Grantor. Grantor agrees MARICOPA COUNTY may apply
loss sustained by MARICOPA COUNTY caused by the Grantor after the date of this agreement. MARICOPA
Grantor, or to payment for any or damage
will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after
COUNTY
acceptance of delivery and possession of the subject property.
to Escrow Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this
Instructions Agent:
all items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the
agreement; prorate agreed
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
balance
for any liens or encumbrances not of record at the closing of escrow.
MARICOPA COUNTY Public Works Real Estate Division will be furnished a copy of the Grantor's closing statement with the
The Right of Way Agent or -
authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from
following certification signed by an
MARICOPA COUNTY.”
the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either a copy of this
The Escrow Agent is to request
request or a copy of a signed receipt is to be retained in the escrow file.
will the costs of the owner's title insurance policy; fees associated with lender releases or loan pay-offs, including endorsements,
Maricopa County pay fees and other charges by escrow companies incidental to the closing of escrow. in
document preparation, and other expenses related thereto; escrow
at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow
the alternative, Maricopa County may,
Agent and title 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
from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and
direct
recording of the documents.
and the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being
It is understood agreed
If the acquisition is a partial acquisition from a larger parcel, the consideration expressed herein is likewise; full and complete compensation
acquired. to the Grantor's remaining lands by reason of their severance from the part being acquired and the construction of the
for all injury or damage
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
not later than 30 days from the date of payment. Grantor assumes all liability connected with said removal. It is further agreed that upon
improvements time for removal, all improvements remaining partially or wholly upon the lands conveyed shail become the property of
expiration of the provided
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 said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the Grantor's remaining lands
removing
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
the right to enter Grantor’s remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on
contractors,
owned right of if required. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA
adjacent County way,
of the Grantor's property caused by MARICOPA COUNTY's negligence, or by the negligent acts or conduct of its agents,
COUNTY's occupation
contractors during the term of MARICOPA COUNTY’s temporary occupancy of the property. All claims shall be submitted in accordance
employees, or
with the of ARS 12-821. It is further understood and agreed that this temporary right will expire and terminate thirty (30) days after
requirements
compietion of the above referenced project.
further settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary
it is agreed
purpose, in conjunction with any judicial or administrative proceeding.
RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
GRANTOR:
Steve Smith i ings, LLC, an ;
|
Arizona Li
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
By: fd
LA,
It's: C$ tL '
Right of Way Acquisition Manager Chairman of the Board
@ /3ef 2olv 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

Parcel No, 304-90-031K
Project No. TT406
RIGGS ROAD
(FROM POWER ROAD TO HAWES ROAD)
Item Ne, D23269
EXBUBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portion of that property described in Document number 20130246062 records of the
County Recorder (MCR) lying within the West half of the Northwest quarter of
Maricopa
“the Northeast 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 portion
being more particularly described as follows:
The South 30,00 feet of the North 70.00 feet of the West half of the Northwest quarter
of the Northeast quarter of the Northeast quarter’ of sald Section 32,
EXCEPT the East 165,25 feet thereof.
The above described parcel contains 4,958 square feet or 0.1138 acres, more or less.
Together with all right, title and interest in the North 40.00 feet as conveyed to Maricopa
in Document number 1986-089484 MCR lying within that property described in
County
Document number 2013-0246062 MCR,
Page f of 1
MICHAEL &,
KING <
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION st oY
. 6-08-15 Chk: Appr 4 Gitar Y
Prelim:
EXPIRES 3-31-2017
Revi
Maricopa County Public Works ~ Real Estate ORAsion
EL 6,4 Ne
GRANTOR pare
EXHIBIT A”

Parcel No, 304-90-03 11
Project No, TT406
RIGGS ROAD
(FROM POWER ROAD TO HAWES ROAD)
Item No, D23269-2
EXHIBIT “A”
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A portion of that property described In Document number 2013-0246062 records of the
Maricopa County Recorder (MCR) lying within the West half of the Northwest quarter of
the Northeast quarter of the Northeast quarter of Section 32, Township 2 South, Range
7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion
being more particularly described as follows:
COMMENCING at the Northeast corner of sald Section 32; THENCE along the North iIne
of said Northeast quarter South 89°31'18" West a distance of 1322.06 feet to the
Northwest cornet of said West half of the Northwest quarter of the Northeast quarter of
the Northeast quarter; THENCE along the West line of said West half South 00°05’16"
East a distance of 70,00 feet to a point on the South line of the North 70,00 feet of said
West half, said point also being the POINT OF BEGINNING, THENCE continulng South
00°05'16" East, a distance of 15.01 feet; THENCE North 89°31'29" East, a distance of
14.34 feet; THENCE South 00°28'42" East, a distance of 45.00 feet; THENCE North
89°31'18" East, a distance of 60.00 feet; THENCE North 00°28'42" West, a distance of
35.00 feet; THENCE North 89°31'18" East, a distance of 60.00 feet; THENCE North
00°28'42" West, a distance of 10.00 feet; THENCE North 89°31'13" East, a distance of
30.92 feet to a point on the West line of the East 165.25 feet of said West half of the
Northwest quarter of the Northeast quarter of the Northeast quarter; THENCE along said
West line, North 00°05'03" West, a distance of 15.01 feet to a point on the South line of
the North 70.00 feet of said West half; THENCE along said South line, South 89°31'18"
West, a distance of 165,26 feet to the POINT OF BEGINNING
The above described parcel contains 5,780 square feet or 0.1327 acres, more or Jess.
Page i of |
“MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION |
| Prelim: 6-08-15 | Chk: | Appr: ies EGF AS
“EXPIRES 3-31-2017
Rev:
Maricopa County Public Works - Real EstatePivision?
L WE
Grantor-<AAY 1 DATED.
EXHIBIT “A”

EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 304-90-03 1K
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23269
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 Eight Thousand Nine Hundred Twenty-Five and No/100 DOLLARS
($8,925.00) as payment in full for the property described herein.
Cc, To the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the improvements
pay
located on the property described herein and broken out as follows:
D To pay the Grantors the sum of N/A AMOUNT and No/100 DOLLARS ($00.00) as payment for
reestablishment of depreciated improvements located on the property described herein.
E, To the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Temporary
pay
Construction Easement on the property described herein.
F, To the Grantors the sum of Ten Thousand Four Hundred Four and No/100 DOLLARS ($10,404.60) as
pay
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.
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 Eight Thousand Nine Hundred Twenty-Five and No/100 DOLLARS ($8,925.00) as
payment in full for the property described herein.
3, To accept the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the improvements located on
the property described herein and broken out as follows:
4. 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.
5. 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.
6. To accept the sum of Ten Thousand Four Hundred Four and No/100 DOLLARS ($10,404.00) as payment in
full for the Drainage Easement on the property described herein.
7. That the County, or its agents, is hereby granted the right fo enter upon the remaining property of the Grantor for
the purpose of accomplishing C and D above.
8. That, the Grantor's signing of the Warranty Deed, the County and/or its agents shall have immediate use of
upon
the property described herein,
carol nurs
51-24 GRANTOR DATE
EXHIBIT “B”