J D23274 RS.PDF

Maricopa County — Formal (2016-06-22)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company —_North American Title Company Date 05/31/2016
Address 3200 East Camelback Road, Suite #200 Phone —_ (602) 284-4108
City, State Zip Phoenix, Arizona 85018 Fax (602) 280-7560
Escrow Officer | Mark Osborn
Escrow No. 29400-15-80989
Grantor: Curtis Kiumann & Char A. Radtke-Kiumann, husband and wife Phone: 480-299-6449
Address: 26108 South 187" Steet 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 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 ail that apply):
plus all lawful costs incidental to closing as follows:
Escrow Fees (1 Total Acquisition of Grantor's Property: Full release of all
Titie 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.
XX] 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.
(C] Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
(1 Other Disbursements:
Sub Total
Title Report Credit
Land $4,139.00 Possession date:
Improvements $17,796.38 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes No E]
Exhibit B°
4	1	66	1	8	0	1261	2456	1051	42	-1	
5	1	66	1	8	1	1261	2462	85	36	96.745735	Entry
5	1	66	1	8	2	1356	2462	183	36	96.618759	Agreement
5	1	66	1	8	3	2049	2456	116	37	0.000000	Yes]
5	1	66	1	8	4	2216	2456	96	37	82.860939	Nok
4	1	66	1	9	0	115	2502	2195	39	-1	
5	1	66	1	9	1	115	2507	83	28	95.861221	Total
5	1	66	1	9	2	213	2507	122	34	96.555893	Closing
5	1	66	1	9	3	349	2507	92	28	96.004913	Costs
5	1	66	1	9	4	1258	2507	179	28	96.084351	Addendum
5	1	66	1	9	5	1450	2507	140	28	96.075119	attached
5	1	66	1	9	6	1605	2507	104	28	96.255913	hereto
5	1	66	1	9	7	1721	2507	58	28	96.548981	and
5	1	66	1	9	8	1794	2507	90	28	93.989494	made
5	1	66	1	9	9	1898	2514	18	21	96.929756	a
5	1	66	1	9	10	2049	2502	116	38	0.000000	Yes[]
5	1	66	1	9	11	2216	2502	94	38	67.254883	Nok
4	1	66	1	10	0	115	2549	1327	39	-1	
5	1	66	1	10	1	115	2552	83	28	96.421913	Total
5	1	66	1	10	2	213	2552	156	28	96.421913	Purchase
5	1	66	1	10	3	382	2552	82	28	96.614738	Price
5	1	66	1	10	4	972	2549	185	34	95.102020	$21,935.38
5	1	66	1	10	5	1260	2553	63	35	96.777512	part
5	1	66	1	10	6	1335	2552	107	28	96.572372	hereof
2	1	67	0	0	0	91	2581	1090	13	-1	
3	1	67	1	0	0	91	2581	1090	13	-1	
4	1	67	1	1	0	91	2581	1090	13	-1	
5	1	67	1	1	1	91	2581	1090	13	95.000000	 
2	1	68	0	0	0	91	1186	11	1448	-1	
3	1	68	1	0	0	91	1186	11	1448	-1	
4	1	68	1	1	0	91	1186	11	1448	-1	
5	1	68	1	1	1	91	1186	11	1448	95.000000	 
2	1	69	0	0	0	1177	1188	13	1446	-1	
3	1	69	1	0	0	1177	1188	13	1446	-1	
4	1	69	1	1	0	1177	1188	13	1446	-1	
5	1	69	1	1	1	1177	1188	13	1446	95.000000	 
2	1	70	0	0	0	870	1188	12	1446	-1	
3	1	70	1	0	0	870	1188	12	1446	-1	
4	1	70	1	1	0	870	1188	12	1446	-1	
5	1	70	1	1	1	870	1188	12	1446	95.000000	 
2	1	71	0	0	0	564	1278	11	1356	-1	
3	1	71	1	0	0	564	1278	11	1356	-1	
4	1	71	1	1	0	564	1278	11	1356	-1	
5	1	71	1	1	1	564	1278	11	1356	95.000000	 
2	1	72	0	0	0	115	2595	358	29	-1	
3	1	72	1	0	0	115	2595	358	29	-1	
4	1	72	1	1	0	115	2595	358	29	-1	
5	1	72	1	1	1	115	2595	125	29	91.711517	TOTAL
5	1	72	1	1	2	249	2595	224	29	90.960640	WARRANT**
2	1	73	0	0	0	91	2626	1090	13	-1	
3	1	73	1	0	0	91	2626	1090	13	-1	
4	1	73	1	1	0	91	2626	1090	13	-1	
5	1	73	1	1	1	91	2626	1090	13	95.000000	 
2	1	74	0	0	0	192	2658	1136	80	-1	
3	1	74	1	0	0	192	2658	1136	80	-1	
4	1	74	1	1	0	192	2658	993	38	-1	
5	1	74	1	1	1	192	2658	148	29	92.058884	*Escrow
5	1	74	1	1	2	351	2660	63	27	95.144798	and
5	1	74	1	1	3	427	2658	65	29	96.656395	title
5	1	74	1	1	4	505	2658	104	36	96.520004	policy
5	1	74	1	1	5	621	2658	72	29	96.520004	fees
5	1	74	1	1	6	706	2660	106	27	95.416092	based
5	1	74	1	1	7	825	2666	42	21	94.681885	on
5	1	74	1	1	8	880	2658	65	29	96.831841	this
5	1	74	1	1	9	957	2660	134	28	96.617844	amount
5	1	74	1	1	10	1102	2660	83	36	96.106308	only.
4	1	74	1	2	0	192	2702	1136	36	-1	
5	1	74	1	2	1	192	2702	105	28	96.190331	“Sum
5	1	74	1	2	2	312	2702	38	28	96.190331	of
5	1	74	1	2	3	360	2702	102	28	96.532730	“Total
5	1	74	1	2	4	475	2702	136	36	96.482300	Closing
5	1	74	1	2	5	624	2702	117	28	82.639137	Costs
and Total
5	1	74	1	2	8	949	2702	164	28	96.568275	Purchase
5	1	74	1	2	9	1126	2702	106	28	94.386955	Price only.
The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated May 31,
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.: 304-90-517E Item No D23274
Right of Way Agent: Jennifer Rodriguez 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. Itis 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
improvements not later than 30 days from the date of payment. Grantor assumes all 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 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
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: Curtis Klumann and Char A.
RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Radtke-Klum sband and wife
k's ao ) MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
Qe
OF TRANSPORTATION SUPERVISORS
Curtis Klumann
Right of Way Acquisition Manager Chairman of the Board
/
G (14/20 IG
Char A. Radtke-Klumann ATTEST:
Date
in the
perdo,
Clerk of the Board of Supervisors
ij
Accepted Date Z Seg
CG VW
ESCROW OFFICER me
eputy County Attorney Date Date
GS/CS Revised 10/6/2009
f

EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 304-90-517E
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23274
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 Four Thousand One Hundred Thirty-Nine and No/100 DOLLARS
($4,139.00) as payment in full for the property described herein.
Cc, To pay the Grantors the sum of Seventeen Thousand Seven Hundred Ninety Six Dollars and 38/100
($17,796.38) as payment in full for the improvements located on the property described herein and broken out as
follows:
Mature Tree — 1 and 9 shrubs =$ 1,716.66
Irrigation System =$ 3,363.47
Fence - (chain link with block foundation)115 lin ft X $25.85/lin ft =$ 7,434.25
Rolling Gate 20x6 (chain link) =$ 5,282.00
Site Improvements Total =$17,796.38
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.
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 Four Thousand One Hundred Thirty-Nine and No/100 DOLLARS ($4,139.00) as
payment in full for the property described herein.
3, To accept the sum of of Seventeen Thousand Seven Hundred Ninety Six Dollars and 38/100 ($17,796.38 ) as
payment in full for the improvements located on the property described herein and broken out as follows:
Mature Tree — 1 and 9 shrubs =$ 1,716.66
Irrigation System =$ 3,363.47
Fence - (chain link with block foundation)115 lin ft X $25.85/lin ft =$ 7,434.25
Rolling Gate 20x6 (chain link) =$_ 5,282.00
Site Improvements Total =$17,796.38
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 Noe/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.
C Kare Sf ve
GRANTOR paTE SB TG cranr@(QlL DATE 9/31/0
—
HIRIT “R”

Parcel No. 304-90-517E
Project No. TT406
RIGGS ROAD
(FROM POWER ROAD TO HAWES ROAD)
Item No. D23274
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
The North 30.00 feet of that property described in Document number 2014-786054
records of the Maricopa County Recorder (MCR) lying within the West half Northeast
quarter of the Northeast quarter of the Northeast quarter of Section 32, Township 2
South, Range ? East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona.
Said North 30.00 feet more particularly described as follows:
COMMENCING at the Northeast corner of said Section 32; THENCE South 89°31‘18"
West a distance of 505.77 feet; THENCE South 00°04'52” East a distance of 40.00 feet
to the Northwest corner of that property described In said Document number 2014-
786054 said point also being the POINT OF BEGINNING; THENCE along sald West Ilne
South 00°04’52” East a distance of 30.00 feet; THENCE leaving said West line, North
89°311'L8” East a distance of 106.27 feet to a point on the West line of that property
conveyed to Maricopa County as described in Document number 2014-454994 MCR;
THENCE along said West line, North 00°28’50” West a distance of 30.00 feet to a point
on the South fine of the North 40.00 feet of said Northeast quarter of Section 32;
THENCE along sald South line South 89°31'18" West a distance of 106.26 feet to the
POINT OF BEGINNING.
The above described parcel contains 3,184 square feet or 0.0731 acres, more or less,
Page | of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 5-22-15 Chic | Appriféd fede”
Rev:
Maricopa County Public Works - Real Estate Division
GRANTO
EXUIBIT “A”