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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company _ North American Title Company Date 05/04/16
Address 3200 E. Camelback Rd., Suite 150 Phone — 602-294-2505
City Phoenix, AZ 85018 Fax 866-488-1907
Escrow Officer | Mark Osborn
Escrow No. 29400-12-17400
Grantor: Jacob F. Long, Trustee (Attn: Mr. Jim Miller) Phone: 602-272-0421 * 511
Address: 1118 E. Missouri #A Phone: 602-501-9095
City Phoenix, Arizona 85014 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Maricopa County Department of Transportation
Mailing Address:
Public Works Land & Right of Way 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 L] Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees monetary liens and encumbrances, and leases of any kind.
Pay in fuli all due and delinquent real property taxes and
general and special improvement assessments. Prorate the
Total Escrow & Title Fees current year's real property taxes on closings that occur on or
After the 3rd Monday of August each year. Escrow Agent
Recording Fees: shall withhold the prorated amounts from each party and pay
Deed the lien of the current year's taxes in full.
Easement
Mortgage Release XX} Partial Acquisition of Grantor's Property: Partial release of all
Release of Lease monetary liens and encumbrances, and leases of any kind.
At the discretion of Maricopa County, pay due and delinquent
Total Recording Fees 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 shall not be prorated
Taxes - Prorated regardless of the closing date.
| Easemeni(s): Consent to easement(s) by secured party (ies).
Total Other Charges
(1 Other Disbursements:
Sub Total
Title Report Credit
Land 109,477.00 Possession date:
Drainage Easement 15,405.00 Close of escrow:
TCE 2,294.00 Date of recording:
Cost to Cure
Special Conditions Right of Way Contract YesxX] No]
Exhibit B
Total Closing Costs Entry Agreement Yes] No{]
=
Total Purchase Price $127,176.00 “Addendum attached hereto andmadea Yes] No]
TOTAL WARRANT** part hereof
*Escrow and title policy fees based on this amount only.
*Sum of Total
5 1 72 1 2 4 489 2645 134 36 96.130669 Closing
5 1 72 1 2 5 636 2645 119 28 96.275322 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
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 upon the acceptance of
delivery and possession by its BOARD OF SUPERVISORS.
Project: El Mirage Rd. (Northern Ave. to Peoria Ave.) PCN: _TT367
Assessor Parcel No.: 5§01-46-002B Item No D22734A
Right of Way Agent: Gayle Leonard Telephone # 602-506-8684
The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, mortgage claims, 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 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.
The Grantor is to give written notice to MARICOPA COUNTY - Public Works Real Estate Division, of the date Grantor intends to vacate 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 Land & Right-of-Way 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 any escrow services and/or title insurance incurred in this transaction, but may, at its option, waive escrow
and/or title insurance. Upon such wavier, 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; settlement 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 _90 days after 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 and/or Lessee 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. 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:
Jacob F. Long, as Trustee of the John F.
Long Family Revocable Living Trust Under
Agr
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
Jacob F. Trustee 4]
a bye /1 du
Right of Way Acquisition Manager Chairman of the Board
EVEY /2o14
ATTEST:
Date
Approved as t within the
nal
/ the Board of Clerk of the Board of Supervisors
Accepted Date
Y
ESCROW OFFICER
gle
DWWMsab Revised 5/2003 eputy al Date
Parcel No. 501-46-002B
Project No. TT367
EL MIRAGE ROAD
(NORTHERN AVENUE TO PEORIA AVENUE)
. Item No. D22734
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE RIGHT OF WAY
A portion of that certain property described as “PARCEL NO. 2” in Document 2008-0167192, Recorder’s
Office, Maricopa County, Arizona, lying within the North half of the Northeast quarter of Section 35,
Township 3 North, Range 1 West of the Gila and Salt River Base and Meridian; said portion being more
particularly. described as follows:
COMMENCING at the Northeast corner of said Section 35, from which the North quarter corner bears, North
89°11'36" West, a distance of 2631.92 feet; thence along the East line of the Northeast quarter of said Section
35, South 0°04'06" East, a distance of 67.32 feet; thence South 89°55'54" West to a point on the West line of
the East 45.00 feet of said Northeast quarter, a distance of 45.00 feet to the POINT OF BEGINNING;
THENCE along the West line of the East 45.00 feet of said Section 35 South 0°04'06" East, a distance of
677.19 feet; THENCE South 89°21'58" East, a distance of 12.00 feet; THENCE South 0°04'06" East, a
distance of 569.16 feet; THENCE North 89°11'04" West, a distance of 275.44 feet; THENCE North 0°48'56"
East, a distance of 30.00 feet; THENCE South 89°11'04" East, a distance of 202.97 feet; THENCE North .
45°22'25" East, to a point on the West line of the East 75.00 feet of the Northeast quarter of said Section 35 a
distance of 42.10 feet; THENCE along the West line of the East 75.00 feet of said Northeast quarter North
0°04'06" West, a distance of 585.05 feet; THENCE South 89°59'57" West, a distance of 5.00 feet; THENCE
North 0°04'06" West, a distance of 549.32 feet; THENCE North 44°37'51" West, a distance of 42.75 feet;
THENCE North 89°11'36" West, a distance of 201.95 feet; THENCE North 0°48'24" East, a distance of 5.00
feet; THENCE North 89°11'36" West, a distance of 700.68 feet; THENCE North 0°48'24" East, a distance of
25.00 feet; THENCE North 89°11'36" West, a distance of 586.53 feet; THENCE North 0°48'24" East, a
distance of 27.00 feet; THENCE South 89°11'36" East, a distance of 946.22 feet; THENCE South 0°04'06"
East, a distance of 22.00 feet; THENCE South 89°11'36" East, a distance of 595.07 feet; THENCE South
42°22'30" East, a distance of 17.83 feet to the POINT OF BEGINNING.
The above described parcel contains 108,381 square feet or 2.4881 acres, more or less
KENNETH W.
GREEN alist
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION oF es
¢ Yoned pete, re
Prelim: 8-29-2012 Chik: Appr: tn
Rev: 11-29-2012; 1-18-2013; 2-18-2015; 4-29-2015; 5-08-2015; 2-08-2016
EXPIRES 12/31/2017
Maricopa County Public Works ~ Real Estate Division
GRANTOR DATE _5/26/p0/¢
E tT A?
Page 1 of 1
Parcel No. 501-46-002B
Project No. TT367
EL MIRAGE ROAD
(NORTHERN AVENUE TO PEORIA AVENUE) -
Item No. D22734-2
EXHIBIT “A”
|
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A Drainage Easement lying within a portion of that certain property described as “PARCEL NO, 2” in
Document 2008-0167192, Recorder’s Office, Maricopa County, Arizona, lying within the North half
of the Northeast quarter of Section 35, Township 3 North, Range 1 West of the Gila and Salt River
Base and Meridian; said Easement is more particularly described as follows:
PARCEL ONE:
COMMENCING at the Northeast corner of said Section 35, from which the North quarter corner
bears, North 89°11'36" West, a distance of 2631.92 feet; thence along the North line of the Northeast
quarter of said Section 35, North 89°11'36" West, a distance of 322.07 feet; thence South 00°48'24"
West to a point on the South line of the North 85.00 feet of said Northeast quarter, a distance of 85.00
feet to the POINT OF BEGINNING; thence South 00°48'24" West, a distance of 75.00 feet; thence
South 89°11'36" East a distance of 230.90 feet; thence North 0°48'24" East, a distance of 52.80 feet;
thence North 44°37'51" West to a point on the South line of the North 90.00 feet of the Northeast
quarter of said Section 35, a distance of 24.52 feet; thence North 89°11'36" West along the South line
of said South 90.00 feet, a distance of 201.95 feet; thence North 00°48'24" East to a point on the South
line of the North 85.00 feet of said Northeast quarter, a distance of 5.00 feet; thence North 89°11'36"
West along said South line, a distance of 11.48 feet to the POINT OF BEGINNING. Containing
16,070 square feet or 0.3689 acres, more or less.
PARCEL TWO:
COMMENCING at the Northeast corner of said Section 35, from which the North quarter corner
bears, North 89°11'36" West, a distance of 2631.92 feet; thence along the East line of the Northeast
quarter of said Section 35, South 00°04'06" East to the Southeast corner of the North half of said
Northeast quarter, a distance of 1314.32 feet;
Page | of 2
Parcel No. 501-46-002B
Project No. TT367
EL MIRAGE ROAD
(NORTHERN AVENUE TO PEORIA AVENUE)
Item No. D22734-2
EXHIBIT “A”
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
thence North 89°11'04" West along said South line, a distance of 230.42 feet; thence North 00°48'S6"
East to a point on the North line of the South 30.00 feet of said North half, a distance of 30.00 feet to
the POINT OF BEGINNING; thence North 00°48'56" East, a distance of 32.00 feet; thence South
89°11'04" East, a distance of 134.74 feet; thence South 00°48'56" West, a distance of 22.05 feet;
thence South 45°22'25” West to a point on the North line of the South 30.00 feet of the North half of
said Northeast quarter, a distance of 13.96 feet; thence North North 89°11'04" West along the said
North line, a distance of 124.95 feet to the POINT OF BEGINNING. Containing 4,263 square feet
or 0.0979 acres, more or less.
The above described two parcels combined contain 20,333 square feet or 0.4668 acres more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 8-29-2012 Chk: | Appt:
Rev: 8-30-2015; 4-29-2015; 5-08-2015; 2-08-2016
EXPIRES 12/31/2017
Maricopa County Public Works — Real Estate Division
GRANTOR pit DATE 9, LI [poy
EXHIBIT “A”
Page 2 of 2
Parcel No. 501-46-002B
Project No. TT367
EL MIRAGE ROAD
(NORTHERN AVENUE TO PEORIA AVENUE)
Item No. D22734-1
EXHIBIT “A” J
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A portion of that certain property described as “PARCEL NO, 2” in Document 2008-0167192,
Recorder’s Office, Maricopa County, Arizona, lying within the North half of the Northeast quarter of
Section 35, Township 3 North, Range 1 West of the Gila and Salt River Base and Meridian; said
portion being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 35, from which the North quarter corner
bears, North 89°11'36" West, a distance of 2631.92 feet; thence along the East line of the Northeast
quarter of said Section 35, South 0°04'06" East, a distance of 118.79 feet; thence South 89°55'54"
West to a point on the West line of the East 80.00 feet of said Northeast quarter, a distance of 80.00
feet to the POINT OF BEGINNING; thence South 0°04'06" East along the West line of the East
80.00 feet of said Northeast quarter, a distance of 549.32 feet; thence North 89°59'57" Rast, a distance
of 5.00 feet; thence South 0°04'06" East, a distance of 585.05 feet; thence South 45°22'25" West, a
distance of 28.14 feet; thence North 0°48'56" East, a distance of 22.05 feet; thence North 89°11'04"
West, a distance of 134.74 feet; thence South 0°48'56" West, a distance of 32.00 feet; thence North
89°11'04" West, a distance of 78.02 feet; thence North 52°59'24" East, a distance of 68.49 feet; thence
South 89°11'04" Hast, a distance of 117.56 feet to the beginning of a tangent curve to the left with a
radius of 54.82 feet; thence Northeasterly, along the arc of said curve, through a central angle of
90°54'14", for an arc distance of 86.97 feet to the beginning of a non-tangent line; thence North
00°04'06" West, a distance of 457.53 feet; thence North 05°46'44" “West, a distance of 50.25 feet;
thence North'00°04'06" West, a distance of 456.89 feet to the beginning of a tangent curve to the left
with a radius of 50.00 feet;
Page 1 of 2 \
Parcel No. 501-46-002B
Project No. TT367
EL MIRAGE ROAD
(NORTHERN AVENUE TO PEORIA AVENUE)
Item No. D22734-1
‘EXHIBIT “A”
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
thence Northwesterly, along the arc of said curve, through a central angle of 89°07'30", for an arc
distance of 77.78 feet ; thence North 89°11'36" West, a distance of 191.63 feet; thence North
52°02'36" West, a distance of 119.22 feet; thence North 89°11'36" West, a distance of 202.17 feet;
thence North 0°48'24" East to a point on the South line of the North 85.00 feet of said Northeast
quarter, a distance of 16.00 feet; thence South 89°11'36" East, a distance of 298.36 feet; thence South
0°48'24" West, a distance of 75.00 feet; thence South 89°11'36" East, a distance of 230.90 feet; thence
North 0°48'24" East, a distance of 52.80 feet; thence South 44°37'51" East, a distance of 18.23 feet to
the POINT OF BEGINNING.
The above described parcel contains 22,703 square feet or 0.5212 acres, more or less. .
|
KENNETH W.
GREEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION on - zoe
.
Prelim: 8-29-2012 Chik: | Appr: es
Rey: 11-29-2012; 1-18-2013; 2-18-2015; 4-29-2015; 5-08-2015; 2-08-2016
EXPIRES 12/31/2017
Maricopa County Public Works — Real Estate Division
GRANTOR - DATE 9/46 /Ja/L
L
E IT 6A»
Page 2 of 2
EXHIBIT B
RIGHT OF WAY AGREEMENT
Project No.: TT367 El Mirage Road
(Northern Ave. to Peoria Ave.)
Parcel No.: 501-46-002B
Item No.: D22734A (GL)
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 ONE HUNDRED NINE THOUSAND FOUR HUNDRED
SEVENTY-SEVEN AND N0/100 DOLLARS, ($109,477.00), as payment in full for the
property described herein.
C. To pay the Grantors the sum of TWO THOUSAND TWO HUNDRED NINETY-FOUR AND
NO/100 DOLLARS, ($2,294.00), as payment in full for the Temporary Construction Easement
described herein.
D. To pay the Grantors the sum of FIFTEEN THOUSAND FOUR HUNDRED FIVE AND
NO/100 DOLLARS, ($15,405.00), as payment in full for the Drainage Easement described
herein.
E. 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.
F. That no costs relating to construction of roadway improvements on Project No. TT367 will be
charged to the Grantor.
THE GRANTORS AGREE:
1. To grant a Special 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 ONE HUNDRED NINE THOUSAND FOUR HUNDRED SEVENTY-
SEVEN AND N0/100 DOLLARS, ($109,477.00), as payment in full for the property described
herein.
3. To accept the sum of TWO THOUSAND TWO HUNDRED NINETY-FOUR AND NO/100
DOLLARS, ($2,294.00), as payment in full for the Temporary Construction Easement described
herein.
4. To accept the sum of FIFTEEN THOUSAND FOUR HUNDRED FIVE AND NO/100
DOLLARS, ($15,405.00), as payment in full for the Drainage Easement 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 E above.
5. That, upon the Grantor's signing of the Special Warranty Deed, the County and/or its agents shall
have immediate use of the 5 1 27 1 1 7 1075 2750 170 34 96.739212 described
5 1 27 1 1 8 1256 2751 121 33 96.555984 herein.
4 1 27 1 2 0 1071 2795 649 107 -1
5 1 27 1 2 1 1071 2795 111 107 38.559944 ‘rs
5 1 27 1 2 2 1306 2853 126 33 82.354286 DATE
5 1 27 1 2 3 1452 2833 24 72 14.114437 _
5 1 27 1 2 4 1493 2837 91 59 0.000000 5/é6
5 1 27 1 2 5 1626 2852 94 44 70.073418 /20/¢
2 1 28 0 0 0 1010 2894 359 96 -1
3 1 28 1 0 0 1010 2894 359 96 -1
4 1 28 1 1 0 1010 2894 359 96 -1
5 1 28 1 1 1 1010 2894 34 80 75.547508 /
5 1 28 1 1 2 1092 2957 190 33 92.031357 EXHIBIT
5 1 28 1 1 3 1296 2957 73 33 89.893517 “B”
2 1 29 0 0 0 721 2853 228 32 -1
3 1 29 1 0 0 721 2853 228 32 -1
4 1 29 1 1 0 721 2853 228 32 -1
5 1 29 1 1 1 721 2853 228 32 96.500450 GRANTOR
2 1 30 0 0 0 958 2886 338 13 -1
3 1 30 1 0 0 958 2886 338 13 -1
4 1 30 1 1 0 958 2886 338 13 -1
5 1 30 1 1 1 958 2886 338 13 95.000000
2 1 31 0 0 0 1135 3073 181 37 -1
3 1 31 1 0 0 1135 3073 181 37 -1
4 1 31 1 1 0 1135 3073 181 37 -1
5 1 31 1 1 1 1135 3073 79 37 94.859901 Page
5 1 31 1 1 2 1225 3073 17 30 93.980812 1
5 1 31 1 1 3 1255 3073 38 30 96.154503 of
5 1 31 1 1 4 1300 3073 16 30 96.178360 1
2 1 32 0 0 0 2518 2064 32 1222 -1
3 1 32 1 0 0 2518 2064 32 1222 -1
4 1 32 1 1 0 2518 2064 32 1222 -1
5 1 32 1 1 1 2518 2064 32 1222 95.000000