K D22876 SW.PDF

Maricopa County — Formal (2016-04-20)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company _ North American Title Company Date March 30, 2016
Address 3200 E. Cameiback Road, Suite 210 Phone _ 602.280.7503
City Phoenix, AZ_ 85018 Fax 1-866-488-1907
Escrow Officer © Mark Osborn
Escrow No. 29400-15-81931
Grantor: Schrader Farms, Inc. Phone:
Address: 5611 E. Calle Camelia Phone:
City Phoenix, AZ 85018 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 [1 Total Acquisition of Grantor's Property: Fult 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 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.
[1] Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
L] Other Disbursements:
Sub Total
Title Report Credit
Land 26,900.00 Possession date:
Improvements Close of escrow:
TCE Date of recording:
Cost to Cure
Special Conditions Right of Way Contract Yes Nol]
Exhibit B°
2	1	76	0	0	0	1260	870	18	1670	-1	
3	1	76	1	0	0	1260	870	18	1670	-1	
4	1	76	1	1	0	1260	870	18	1670	-1	
5	1	76	1	1	1	1260	870	18	1670	95.000000	 
2	1	77	0	0	0	1287	2504	180	36	-1	
3	1	77	1	0	0	1287	2504	180	36	-1	
4	1	77	1	1	0	1287	2504	180	36	-1	
5	1	77	1	1	1	1287	2505	62	35	96.781898	part
5	1	77	1	1	2	1362	2504	105	28	95.955704	hereof
2	1	78	0	0	0	892	2538	316	5	-1	
3	1	78	1	0	0	892	2538	316	5	-1	
4	1	78	1	1	0	892	2538	316	5	-1	
5	1	78	1	1	1	892	2538	316	5	95.000000	 
2	1	79	0	0	0	216	2567	1139	79	-1	
3	1	79	1	0	0	216	2567	1139	79	-1	
4	1	79	1	1	0	217	2567	996	36	-1	
5	1	79	1	1	1	217	2567	146	28	93.088753	*Escrow
5	1	79	1	1	2	375	2567	62	28	95.606133	and
5	1	79	1	1	3	450	2567	65	28	95.981003	title
5	1	79	1	1	4	529	2567	104	36	96.191772	policy
5	1	79	1	1	5	645	2567	72	28	96.095238	fees
5	1	79	1	1	6	733	2567	104	28	96.278450	based
5	1	79	1	1	7	850	2574	41	21	96.043594	on
5	1	79	1	1	8	904	2567	65	28	96.043594	this
5	1	79	1	1	9	984	2568	135	27	96.717873	amount
5	1	79	1	1	10	1130	2567	83	36	95.217316	only.
4	1	79	1	2	0	216	2610	1139	36	-1	
5	1	79	1	2	1	216	2610	107	29	33.821125	*“Sum
5	1	79	1	2	2	337	2610	35	29	94.270233	of
5	1	79	1	2	3	383	2610	103	29	93.330498	Total
Total Closing Costs Entry Agreement YesL] Nok
Total Purchase Price $26,900.00 Addendum attached hereto and made a YesL] No
TOTAL WARRANT**
Closing Costs" and Total
5	1	79	1	2	8	975	2610	165	29	96.478096	Purchase
5	1	79	1	2	9	1155	2610	105	27	96.601974	Price”
5	1	79	1	2	10	1273	2610	82	36	96.138512	only.
2	1	80	0	0	0	141	2673	2172	165	-1	
3	1	80	1	0	0	141	2673	2172	165	-1	
4	1	80	1	1	0	141	2673	2037	36	-1	
5	1	80	1	1	1	141	2673	63	29	96.757561	The
5	1	80	1	1	2	217	2673	191	33	96.486778	GRANTOR,
5	1	80	1	1	3	424	2673	107	35	96.364830	having
5	1	80	1	1	4	545	2673	148	29	95.872635	executed
5	1	80	1	1	5	706	2681	20	19	96.958206	a
5	1	80	1	1	6	738	2681	197	28	96.096481	conveyance
5	1	80	1	1	7	948	2673	32	29	96.861366	of
5	1	80	1	1	8	990	2673	110	29	96.284348	certain
5	1	80	1	1	9	1114	2673	59	27	96.284348	real
5	1	80	1	1	10	1186	2675	134	34	96.834892	property
5	1	80	1	1	11	1333	2673	89	36	96.902786	rights
5	1	80	1	1	12	1434	2675	29	27	96.264580	to
5	1	80	1	1	13	1474	2673	52	29	96.772194	the
5	1	80	1	1	14	1539	2673	131	29	96.489761	Grantee
5	1	80	1	1	15	1684	2673	26	29	95.586861	in
5	1	80	1	1	16	1722	2681	18	21	95.956825	a
5	1	80	1	1	17	1753	2673	110	29	96.221764	certain
5	1	80	1	1	18	1878	2681	197	28	96.166801	conveyance
5	1	80	1	1	19	2086	2673	92	29	96.723679	dated
4	1	80	1	2	0	142	2715	2171	38	-1	
5	1	80	1	2	1	142	2717	158	28	96.744034	described
5	1	80	1	2	2	315	2717	26	28	96.308357	in
5	1	80	1	2	3	355	2715	109	29	95.972702	Exhibit
5	1	80	1	2	4	475	2715	50	29	88.717766	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: Appleby Road (Arizona Ave to the Consolidated Canai PCN: T1526
Assessor Parcel Nos.: 303-41-006D ltem No D22876
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.
GRANTOR: Schrader Farms, Inc., an
RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Arizona Corporation
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
: OF TRANSPORTATION SUPERVISORS
Authorized Agent
WiLL am P. SCHeADER
Real Property Branch Manager Chairman of the Board
thizlooue
ATTEST:
Date
Approved as to form within the
authority thy Board of
Ee { $f Clerk of the Board of Supervisors
Supervisofs
Accepted Date ° ;
( A Ys
ESCROW OFFICER WHAn— /:
puty County Attorney Date Date
GS/CS Revised 10/9/2014
Y

EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 303-41-006D
Project No.: TT526 — Appleby Road
(Arizona Avenue to the Consolidated Canal)
Item No.: D22876 (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:
To use the real property described in Exhibit A for the general welfare and benefit of the public.
.
. To pay the Grantor the sum of Twenty Six Thousand Nine Hundred and 00/100 Dollars ($26,900.00
rounded) as payment in full for the property described herein.
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.
That no costs relating to construction of roadway improvements on Project No. TT525 will be charged to the
.
Grantor.
THE GRANTORS AGREE:
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.
To accept the sum of Twenty Six Thousand Nine Hundred and 00/100 Dollars ($26,900.00 rounded) as
payment in full for 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 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.
GRANTOR DATE#-6—/6
EXHIBIT “B”

Parcel No. 303-41-006 D
Project No. TT410
APPLEBY ROAD
ARIZONA AVENUE TO THE CONSOLIDATED CANAL
Item No. D22876
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
The South 18 feet of the following described property:
The Northeast quarter of Section 15, Township 2 South, Range 5 East of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona;
EXCEPT the East 1797.40 feet of said Northeast quarter.
The above described parcel contains 14,903 square feet or 0.3421 Acres more or less.
Page | of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 10/22/13 ss | Chk: | Appr:
Rev: 2/17/16
Maricopa County Public Works - Real Estate Division EXPIRES 12/31/2017
GRANTOR _ 27/4 DATE_4- 6- /O
EXHIBIT “A”