D D22770 SW.PDF

Maricopa County — Formal (2016-04-20)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company _ Empire West Title Agency Date March 3, 2016
Address 4808 N. 22™ Street, Suite 100 Phone 602-749-7000
City Phoenix, AZ 85016 Fax 602-674-0864
Escrow Officer _ Sharon Dyke
Escrow No.
Mark L. Wendel and Nancy B. Wendel, Trustees of the Mark L. Wendel and
Grantor: Nancy B. Wendel Revocable Living Trust, dated February 22, 2004 Phone: _ 602-770-2351
Address: 28848 N. 60th Street 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 s funds as
Grantor
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 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 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.
] Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
LC] Other Disbursements:
Sub Total
Title Report Credit
Land 12,675.00 Possession date:
improvements 18,380.00 Close of escrow:
TCE Date of recording:
Cost to Cure 624.00
Special Conditions Right of Way Contract YesK] Nol]
Exhibit B
Total Closing Costs Entry Agreement Yes] No
Total Purchase Price 31,679.00 Addendum attached hereto and made a YesL] Nok
TOTAL WARRANT** part hereof
*Escrow and title policy fees based on this amount only.
*Sum of Total
5	1	72	1	2	4	499	2652	134	36	96.060402	Closing
5	1	72	1	2	5	648	2652	117	29	96.544380	Costs and Total
5	1	72	1	2	8	973	2652	167	29	96.236305	Purchase
5	1	72	1	2	9	1153	2652	106	29	89.501205	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" St to 60" St) PCN: 1TT525
Assessor Parcel No.: 211-44-202 Item No D22770
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: Mark L. Wendel and Nancy B.
Wendel, Trustees of the Mark L. Wendel
RECOMMENDED FOR APPROVAL: . ACCEPTED AND APPROVED: .
and Nancy B. Wendel Revocable Living
Trust, dated February 22, 2004
MARICOPA COUNTY MARICOPA COUNTY BOARD OF
DEPARTMENT
OF TRANSPORTATION SUPERVISORS
bape
Sur
Land Acquisition Branch Manager Chairman of the Board
4/8 [ot
ATTEST:
Date
Clerk of the Board of Supervisors
Accepted
ESCROW OFFICER
“ ~
5 pty County Attorney Date Date
GS/CS Revised 10/9/2014
LU”

EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 211-44-202
Project No.: TT525 — Peak View Rd
(58th St to 60th St)
Item No.: D22770 (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 Twelve Thousand Six Hundred Seventy Five and 00/100 Dollars ($12,675.00
rounded) as payment in full for the property described herein.
. To pay the Grantor the sum of Nineteen Thousand Four and 00/100 Dollars ($19,004.00) as payment in full
for replacement and associated installation costs of 8 Large Cholla, 2 m/l Agave Plants, 2 Medium Prickly
Pears, 4 Large Bunny Ear Plants, 11 m/l Sage Shrubs, 1 15’ Tall Palo Verde Tree, 1 20° Tall Palo Verde
Tree, 4 2-3’ Tall Saguaro or Cardon, 1 5’ Tall Saguaro or Cardon and cost-to-cure for fencing located on 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 Twelve Thousand Six Hundred Seventy Five and 00/100 Dollars ($12,675.00 rounded)
as payment in full for the property described herein
To accept the Nineteen Thousand Four and 00/100 Dollars ($19,004.00) as payment in full for replacement
and associated installation costs of 8 Large Cholla, 2 m/l Agave Plants, 2 Medium Prickly Pears, 4 Large
Bunny Ear Plants, 11 m/l Sage Shrubs, 1 15’ Tall Palo Verde Tree, 1 20’ Tall Palo Verde Tree, 4 2-3’ Tall
Saguaro or Cardon, 1 5’ Tall Saguaro or Cardon and cost-to-cure for fencing located on 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
5	1	10	1	1	7	945	2655	33	32	91.141396	&
5	1	10	1	1	8	992	2655	48	32	92.966850	D 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 ZyPATE 4/i(1¢
GRANTOR NV pare 4/1/16
EXHIBIT “B”

Parcel No. 211-44-202
Project No. TT410
PEAK VIEW ROAD
58th Street to 60th Street
ITEM No. D22770
EXHIBIT “A”
LEGAL DESCRIPTION
A portion of a property located in the North half (N2) of the Northeast (NE4)
of the Northeast quarter (NE4) of the Northeast quarter (NE4) of the
Southwest quarter (SW4) 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:
BEGINNING at the Northeast corner of the Southwest 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°50’56” West, a distance of 2643.40
feet; thence along the North line of said Southwest quarter, South 89°50'56"
West a distance of 228.50 feet; thence leaving the said North line, South
87°03'39" East a distance of 204.04 feet; thence South 01°28'02" East, a
distance of 47.81 feet to the beginning of a tangent curve to the left with a
radius of 725.00 feet; thence southerly, along the arc of said curve, through
a central angle of 06°41'10", for an arc distance of 84.60 feet; thence South
08°09'11" East, a distance of 12.01 feet to the beginning of a tangent curve
to the right with a radius of 525.00 feet; thence southerly, along the arc of
said curve, through a central angle of 01°07'09", for an arc distance of 10.26
feet to the beginning of a non-tangent line; thence North 89°51'00" East, a
distance of 13.17 feet to the East line of said Southwest quarter; thence
along the East line of said Southwest quarter, North 00°03'43" East a
distance of 165.14 feet to the POINT OF BEGINNING.
The above described parcel contains 4,609 square feet or 0.1058 acres, more or less.
Page | of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: jb 4/30/2014 | Chk: | Appr:
Rev:
Maricopa County Public Works - Real Estate Division EXPIRES 12/31/2014
GRANTORZy pl DATE “Z fof a
EXHIBIT “A”