J D23256 RS.PDF

Maricopa County — Formal (2016-08-03)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company _North American Title Insurance Company Date 6/27/2016
Address 3200 & Camelback Road, Suite 200 Phone — 602-284-4108
City Phoenix, Arizona 85018 Fax
Escrow Officer Mark Osborn
Escrow No. 29400-15-80970
Grantor: Cecelia C. Faison and Earl Faison, Jr., wife and husband Phone:
Address: 25223 S. 193° Way Phone: _ 602-918-6013
City 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 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 tawful costs incidental to closing as follows:
Escrow Fees C 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 reai 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.
Partial Acquisition of Grantor's Property: Partial release of ail
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 shalt not be prorated
Taxes - Prorated regardless of the closing date.
0 Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
C Other Disbursements:
Sub Total
Title Report Credit
Land $9,670.00 Possession date:
Improvements $5,441.00 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"
Entry Agreement Yes(] No
Total Closing Costs Addendum attached hereto and made a Yes} No
Total Purchase Price $15,111.00 part hereof
TOTAL WARRANT
*Escrow and title policy fees based on this amount only.
**Sum of Total
5	1	69	1	2	4	508	2657	131	34	96.692802	Closing
5	1	69	1	2	5	651	2657	114	27	94.650024	Costs and Total
5	1	69	1	2	8	967	2655	158	29	96.692856	Purchase
5	1	69	1	2	9	1138	2655	101	27	89.769760	Price only.
The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated June 27,
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: _TT406
Assessor Parcel No.: 304-90-016E ltem No _D23256
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 to MARICOPA COUNTY by the
Grantor. Grantor MARICOPA COUNTY may apply the security deposit to payment of any unpaid rents due MARICOPA COUNTY from the
agrees
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
all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the
agreement; prorate
balance of the escrowed funds to the party of 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
certification signed by an authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from
following
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 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 or damage to the Grantor's remaining lands by reason of their severance from the part being acquired and the construction of the
injury
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
of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of
expiration
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 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
owned right of if required. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA
adjacent County way,
COUNTY's occupation of the Grantor's property caused by MARICOPA COUNTY's negligence, or by the negligent acts or conduct of its agents,
contractors during the term of MARICOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance
employees, or
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.
RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
GRANTOR:
Cecelia C. Faison and Earl Faison, Jr.,
wife and husb
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
2
Cecelia
Right of Way Acquisition Manager Chairman of the Board
7/ 2s / Roic ATTEST:
Earl Faison, Jr.
Date
Approved as to form within the
powers and authority of the Board of 3
Clerk of the Board of Supervisors
Supervisors
Accepted Date _
Pawel way
ESCROW OFFICER 1 Yl
Deputy County Attorney at Date
GSI/CS Revised 10/6/2009

EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 304-90-016E
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23256
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 the Grantors the sum of Nine Thousand Six Hundred Seventy and No/100 DOLLARS ($9,670.00) as
pay
payment in full for the property described herein.
C. To pay the Grantors the sum of Five Thousand Four Hundred Forty-One and No/100 DOLLARS ($5,441.00)
as payment in full for the improvements located on the property described herein and broken out as follows:
205 linear feet of fence and one 12 foot double gate =$3,155.00
Two (2) 30” box trees =$1,021.00
235 square feet of rip rap at $4.35 per square foot =$1,022.00
180 square feet of gravel at $1.35 per square foot =$ 243.00
Site Improvements Total =$5,441.00
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 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 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.
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 Nine Thousand Six Hundred Seventy and No/100 DOLLARS ($9,670.00) as payment in
full for the property described herein.
3. To accept the sum of Five Thousand Four Hundred Forty-One and No/100 DOLLARS ($5,441.00) as
payment in full for the improvements located on the property described herein and broken out as follows:
205 linear feet of fence and one 12 foot double gate =$3,155.00
Two (2) 30” box trees =$1,021.00
235 square feet of rip rap at $4.35 per square foot =$1,022.00
180 square feet of gravel at $1.35 per square foot =$ 243.00
Site Improvements Total =$5,441.00
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Parcel No.: 304-90-016E
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23256
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.
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.
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.
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.
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.
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XHIBIT “RB”
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Parcel No. 304-90-016E
Project No. TT406
RIGGS ROAD
(FROM POWER ROAD TO HAWES ROAD)
Item No, D23256
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
The North 30,00 feet of that property described In Document number 2012-0497648
records of the Maricopa County Recorder (MCR) lying within the East half of the West
half of the Northeast quarter of the Northwest quarter of the Northwest quarter of
Section 32, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian,
Maricopa County, Arizona, Said North 30.00 feet being more particularly described as
foliows:
The South 30.00 feet of the North 70,00 feet of the East half of the West half of the
Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 32,
AND
BEGINNING at the intersection of the South line of the North 70,00 feet and the West
line of said East half of the West half of the Northeast quarter of the Northwest quarter
of the Northwest quarter; THENCE along sald West line South 00°06'49” East a distance
of 15.00 feet; THENCE leaving sald East line, North 89°31’44" East a distance of 20.05
feet; THENCE North 44938'53” East a distance of 21.26 feet to a point on said South
line; THENCE along said South line, South 89°31’44” West a distance of 35,02 feet to
the POINT OF BEGINNING.
The above described parcels together contain 5,372 square feet or 0.1233 acres, more
or less.
Page 1 of L
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 5-22-15 | chk: | Appr: 7b 6 P47
| Rev: EXPIRES 3-31-2017
Maricopa County Public Works - Real estate Division
GRANTOR a<¢ pare VOY 22/4
sa
(XHIBIT “A”