W D23321 RS.PDF

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Tittle Company —_ Security Title Agency, Inc. Date May 31, 2016
Address 3636 North Central Avenue 3“ Floor Phone — (602) 230-6271
City, State, Zip — Phoenix, Arizona 85012 Fax (602) 230-6256
Escrow Officer — Jason Bryant
Escrow No. 15150409-015-JBA
John Martese and Julie Martese, husband and wife, as community
Grantor: property with right of survivorship Phone: _ 480-330-2796
Address: 19118 East Indiana Avenue 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
Malling 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 foliows (check all that apply):
price plus all jawful costs incidental to closing as follows:
Escrow Fees (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 fuil.
{| 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.ULA, of Purchase, The current year's taxes shail not be prorated
Taxes ~ Prorated regardless of the closing date.
[_] Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
(1 Other Disbursements:
Sub Total
Title Report Credit
Land $15,511.00 Possession date:
Improvements $ 5,100.00 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes No TJ
Exhibit B
Entry Agreement YesL] No
Total Closing Costs Addendum attached hereto and made a YesO Nok
Total Purchase Price $20,611.00 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 _May 25,
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, fitle 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
Assessot Parcel No.: 304-89-886 Item No _D23321
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 $_N/A 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 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
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
the right to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on
contractors,
owned of if required. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA
adjacent County right 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 the term of MARICOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance
employees, or during
the of ARS 12-821. It is further understood and agreed that this temporary right will expire and terminate thirty (30) days after
with requirements
completion of the above referenced project.
settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary
It is further agreed
purpose, in conjunction with any judicial or administrative proceeding.
GRANTOR:John Martese and Julie
RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Martese, husband and wife, as community
property with right of survivorship
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
(I Mth
OF TRANSPORTATION SUPERVISORS
Jghn Martese )
Pad Se
/) ey a
Right of Way Acquisition Manager Chairman of the Board
7/2 lao ATTEST:
Date
Approved as to form within the
powers and authority of the Board of Board of
Clerk of the Supervisors
Supervisors
Accepted Date
ESCROW OFFICER
eputy County Attorney Date
GS/CS Revised 10/6/2009

EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 304-89-886
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23321
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 Fifteen Thousand Five Hundred Eleven Dollars and No/100 DOLLARS
pay
($15,511.00) as payment in full for the property described herein.
C. To pay the Grantors the sum of Five Thousand One Hundred Dollars and No/100 DOLLARS ($5,100.00) as
payment in full for the improvements located on the property described herein and broken out as follows:
Block Wall — 204 Linear Feet X $50.00/ linear foot =$10,200.00
-50% contribution for demolition, removal and relocation of block wall _=$ 5,100.00
Site Improvements Total =$ 5,100.00
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 the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Drainage
pay
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 Fifteen Thousand Five Hundred Eleven Dollars and No/100 DOLLARS ($15,511.00) as
payment in full for the property described herein.
3. To accept the sum of Five Thousand One Hundred Dollars and No/100 DOLLARS ($5,100.00) as payment in
full for the improvements located on the property described herein and broken out as follows:
Block Wall — 204 Linear Feet X $50.00/ linear foot =$10,200.00
-50% contribution for demolition, removal and relocation of block wall _=$ 5,100.00
Site Improvements Total =$ 5,100.00
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 N/A and No/100 DOLLARS ($00.00) as payment in full for the Drainage Easement on the
property described herein.
7. That the County, or its agents, is hereby granted the right to enter upon the remaining property of the Grantor for
the purpose of accomplishing C and D above.
8. That, upon the Grantor's signing of the Warranty Deed, the County and/or its agents shall have immediate use of
the property described herein.
DATE _$°25~(¢ cranror_} DATE S°257¢
crantor (J
EXHIBIT “B”

Parcel No. 304-89-886
Project No. TT406
RIGGS ROAD
(FROM POWER ROAD TO HAWES ROAD)
Item No. D23321
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
The North 33,00 feet of the property described in Document number 2015-0351665 records of
Maricopa County Recorder (MCR) said property also being a portion of Lot 25 of Chandler Helghts
Citrus Tract Unit No. 3127, as recorded in Book 21, Map 20 MCR, lying within Section 31,
Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa County,
Arizona described as follows:
COMMENCING at the Northeast corner of said Sectlon 31; THENCE along the North line of said
Section 34 North 89°33’44” West a distance of 351.93 feet; THENCE leaving said North line
South 00°2616" West a distance of 33.00 feet to a point on the North line of sald Lot 25, sald
the POINT OF BEGINNING; THENCE along fast sald North IIne ‘North 89°33'44”
point being
West a distance of 153.63 feet to the Northwest corner of sald properly described In Document
2015-0351665; THENCE along the West line of sald property, South 00°13'42” East a
number
distance of 33.00 feet; THENCE leaving said West line South 89°34'44” East a distance of 153.61
the East line of said property; THENCE along said East IIne North 00°11'00"
feet.to a point on
West a distance of 33.00 feet to the POINT OF BEGINNING.
The above described parcel contains 5,069 square feet or 0.1164 Acres more or less.
WITH ail right, title and Interest in that portion of the South 7,00 feet of the North
TOGETHER
40.00 feet of said Lot 25 as described in Document number 1986-0031778 MCR lying within that
described in Document number 2015-0351665 being a portion of sald Lot 25,,
property
Page 1 of f
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 8-3-15 [ chk: | Appr: Lele BLY 1.
Rev:
Maricopa County Public Works - Real Estate Division
PAT S256
canons iec pe
EXUJBIT “A”