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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Empire West Title Agency Date March 2, 2016
Address 4808 N. 22nd Street, Suite 100 Phone 602-749-7000
City Phoenix, AZ 85016 Fax 602-674-0864
Escrow Officer Sharon Dyke
Escrow No.
Grantor: Frank Merola Phone: 602-757-3014
Address: 5946 E. Peak View Road Phone:
City Cave Creek, AZ 85331 Email:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: Real Estate Division, 2801 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 El Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees monetary liens and encumbrances, and leases of any kind.
Pay in full 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 El 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.U.A. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
0 Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
0 Other Disbursements:
Sub Total
Title Report Credit
Land 1,061.00 Possession date:
Improvements Close of escrow:
TCE Date of recording:
Cost to Cure
Special Conditions Right of Way Contract Yes El No 111
Exhibit "B"
Total Closing Costs Entry Agreement Yes 0 No
Total Purchase Price $1,061.00 Addendum attached hereto and made a Yes 0 No [E1
TOTAL WARRANT** part hereof
*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
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: Peak View Road (58 1h St to 60th St) PCN: TT525
Assessor Parcel No.: 211-44-127A Item No D23211
Right of Way Agent: Steven Warburton Telephone # 602.506.4746
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 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
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.
RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
Land Acquisition Branch Manager Chairman of the Board
5/5 / ATTEST:
Date
Approved to/forynvithin the
powers i arid a lard / Clerk of the Board of Supervisors
&Mery OM
Accepted Date di-/k prO144,--
ESCROW OFFICER
Deputy County Attorney Date Date
GS/CS Revised 10/9/2014
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 211-44-127A
Project No.: TT525 — Peak View Rd
(58th St to 60th St)
Item No.: D23211 (sw)
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 Grantor the sum of One Thousand Sixty One and 00/100 Dollars ($1,061.00 rounded) as payment
in full for the property described herein.
C. 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.
D. That no costs relating to construction of roadway improvements on Project No. TT525 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 One Thousand Sixty One and 00/100 Dollars ($1,061.00 rounded) as payment in full
for the property described herein
3. 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" above.
4. 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.
GRAN('
XII IBIT "B"
Parcel No. 21144-127A
Project No. TT410
PEAK VIEW ROAD
58th Street to 60th Street
ITEM No. 023211
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A portion of the Southeast quarter (SE4) of the Southeast quarter (SE4) of the
Southeast quarter (5E4) of the Northwest quarter (NW4) of Section 28 —T5N, R4E of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Said portion are
more particularly described as follows:
COMMENCING at the Southeast corner of Northwest quarter of said Section 28, from which
the North quarter corner of Section 28 bears North 00°08'47" East, a distance of 2643.12 feet
and from which the West quarter corner of said Section 28 bears South 89°52'32" West, a
distance of 2643.40 feet; thence along the East line of said Northwest quarter, North
00°0847" East a distance of 40.00 feet to a point on a line parallel with and 40 feet North of
the South line of said Northwest quarter; thence along said parallel line, South 89°50'56"
West, a distance of 40.00 feet to the POINT OF BEGINNING; thence continuing, South
89°50'56" West a distance of 102.11 feet; thence leaving said parallel line, North 85°22'16"
East a distance of 102.47 feet; thence South 00°08'47" West, a distance of 8.00 feet to the
POINT OF BEGINNING.
The above described parcel contains 408 square feet or 0.0094 acres, more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: jb 4/29/2014 Chk: Appr:
Rev: jb 12/02/14
Maricopa County Public Works - Re ate Division EXPIRES 12 /31/2014