K-D22847 RS L-D22847-1 RS AND M-D22847.PDF
Extracted text (via pymupdf_layout)
24067 characters
WHEN RECORDED RETURN TO Maricopa County Public Works Real Estate Division [RES] EXEMPT ARS 11-1134, A3 WARRANTY DEED Parcel No.: 304-88-081L Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22847 (RES) For the consideration of Twenty Three Thousand Five Hundred Ninety Eight and No/100 DOLLARS ($23,598.00) I, Michael Willhite, aka Michael S. Willhite, a married man, as his sole and separate property, does hereby convey to Maricopa County, a political subdivision of the State of Arizona, the following real property situated in Maricopa County, Arizona: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION Subject to current taxes and other assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, restrictions, obligations and liabilities as may appear of record, the GRANTOR warrants the title against all persons whomsoever. Page 1 of 3 Parcel No.: 304-88-08IL Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22847 (RES) Dated this ii day of 0 t 'to ,2015. Michael Willhite, aka Michael S. Willhite (signature) STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 2:1 day of Oc.-Veber , 2015, by Michael Willhite, aka Michael S. Willhite, a married man, as his sole and separate property. My Commission Expires 2.b 1 2.oi 8 imriiii4;;;Ar Ar r e u ''srrature'r -- 0 BRITTANY L. THOMAS Notary Public,Stato of Arizona Maricopa County My Commission Expires July 23, 2018 Notary Stamp Seal Page 2 of 3 Parcel No.: 304-88-0811 Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22847 (RES) RECOMMENDED FOR APPROVAL: Right-of-Way Acquisition Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By Chah nun of the Board ATTEST: Date Clerk of the Board of Supervisors Approved as to form and within the powers and authority of the Board of Supervisors Deputy County Attorney Date Page 3 of 3 Parcel No. 304-88-081L Project No, TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No. D22847 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of that property described in Document Number 2013-0939538 Maricopa County Records (MCR) being part of the North half of the North half of the West half of Parcel 25, Chandler Heights Citrus Tract unit 3626, according to Book 23 of Maps, Page 7 (MCR) lying within Section 36, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona, Said portion is more particularly described as two parcels below. Parcel One: The North 27.00 feet of the North half of the North half of the West half of said Parcel 25. EXCEPT the East 249,17 feet thereof, and EXCEPT the West 132 feet thereof. BEGINNING Parcel Two: at the intersection of the South line of North 27.00 feet of said Parcel 25 and the West line of said East 249.17 feet; Thence along said South line South 88°51'14" West a distance of 67.54 feet; Thence leaving said South line South 61°08'46" East a distance of 50.00 feet; Thence North 88°51'14" East a distance of 23.75 feet to a point on said West line; Thence along said West line North 00°00'36" West a distance of 25.00 feet to the POINT OF BEGINNING The above described parcels contain 7,866 square feet or 0.1806 Acres more or less. r‘ w to/It-es', 4,0 Page 1 of MICHAEL 51978 E, KING MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelini:3-27-14 alk: Appr: Rev: 9-24-14 Ivlaricopa County Public Works — Real Estate Division EXPIRES 3-31-2017 GRANTOR "‘I ,... DATE EXHIBIT "A" WHEN RECORDED RETURN TO: Maricopa County Public Works Real Estate Division [RES] EXEMPT ARS 11-1134, A2 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES Parcel No. 304-88-081L Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22847-1 (RES) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Michael Willhite, aka Michael S. Willhite, a married man, as his sole and separate property, GRANTOR, for and in consideration of the sum of One Hundred and no/100 Dollars ($100.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby grant and convey to MARICOPA COUNTY, a political subdivision of the State of Arizona, its successors, and assigns, GRANTEE, a Temporary Easement on, over, under and across the ground embraced within a parcel of land situated in the County of Maricopa, State of Arizona, and described as follows: SEE EXHIBIT "A" FOR LEGAL DESCRIPTION That said Temporary Easement is granted for use of the above described property during the construction of the improvement of a public highway. That the undersigned shall not incur any expense as a result of the use of the above described property by Maricopa County, and that the property shall be used during the period of construction of: Project TT429 Riggs Road (Recker Road to Power Road). That Maricopa County shall hold the Grantors harmless in case of any accident arising on and during the use of the above described property until the completion of the aforementioned project. NOW THEREFORE, in consideration of the same and further consideration hereinafter set forth, it is agreed, that this instrument contains the entire agreement between the parties hereto and there being no further consideration paid than herein specified. THE COUNTY OF MARICOPA AGREES: A. To use the property described herein for the general welfare and benefit of the public. Page 1 of 4 B. To the extent permitted by law, GRANTEE agrees to indemnify GRANTOR, from and against loss, expense, damage, or claim of any nature whatsoever which is caused by any activity, condition, or event arising out of the non-performance by GRANTEE of any of its obligations under the provisions of the Agreement. GRANTOR shall in all instances be indemnified against liability, losses, and damages of any nature for or on account of injuries to or death of persons or damages to or destruction of property arising out of GRANTEE'S performance or non-performance of this Easement, except such injury or damages as shall have been occasioned by the sole or joint negligence of GRANTOR. The above cost of damages incurred by GRANTOR shall include, in the event of action, court costs, expenses for litigation, and reasonable attorney's fees. C. GRANTEE shall have the right to authorize, permit, and license the use of the Property for utilities or other public purposes not inconsistent with its use as a temporary construction easement and right-of-entry as determined by GRANTEE. D. GRANTEE agrees to leave the grade of the land within the temporary construction easement area in as near the same condition that it is now. The parties understand that the resulting construction work will not leave the land in exactly the same condition. THE GRANTORS AGREE: A. To grant a temporary construction easement for the property described herein to the County of Maricopa and/or its agents for the general welfare and benefit of the public. B. GRANTOR hereby covenants that he is granting this Temporary Construction Easement and Agreement only to the extent of any interest he may have in the Property. C. This Easement shall run with the land and shall be binding upon the parties. D. This easement shall be in effect for a period no longer than one year from the start of construction activities. Page 2 of 4 Parcel No . : 304-88-081L Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22847-1 (RES) Dated this 17 day of Oc10.4 ,2015. Michael Willhite, aka Michael S. Willbite (signature) STATE OF ARIZONA ) § COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 2:1 day of Odeot_r" 2015, by Michael Willhite, aka Michael S. Willhite, a married man, as his sole and separate property. My Commission Expires 2.3, \ Notary BRITTANY Public,Sisie 1. THOMAS ot AriZOnli QT. tAV Niarloops Commission County Expires July 23, 204 8 Notary Stamp Seal Page 3 of 4 Parcel No.: 304-88-081L Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22847-1 (RES) Right-of-Way Acquisition Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By Chairman of the Board ATTEST: Date Clerk of the Board of Supervisors Approved as to form ami within the powers and authority of the Board of Supervisors Deputy County Attorney Date Page 4 of 4 Parcel No. 304-88-081L Project No. TT429 RIGGS ROAD RECICER ROAD TO POWER ROAD Item No, D228474 EXI4113IT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 2013-0939538 Maricopa County Records (MCR) being part of the North half of the North half of the West half of Parcel 25, Chandler Heights Citrus Tract unit 3626, according to Book 23 of Maps, Page 7 (MCR) lying within Section 36, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maticopa County, Arizona. Said portion is more particularly described below. The South 10.00 feet of the North 62.00 feet of the East 23.64 feet of the North half of the North half of the West half of said Parcel 25. The above described parcel contains 236 square feet or 0.0054 Acres more or less. Page I of I MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Pre1im:9-25-14 Chk: Appr: Rev: Maricopa County Public Works — Real Estate Division EXPIRES 3-31-2017 GRANTOR ro" DATELv42V EXHIBIT "A" Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date 9/30/15 Address 3636 North Central Avenue, 3rd Floor Phone 602-230-6271 City Phoenix, AZ 85012 Fax 602-230-6256 Escrow Officer Jason Bryant Escrow No. 15130404-015-JBA Grantor: Michael Willhite Phone: Address: 25208 South 182" Place Phone: City Queen Creek, AZ 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 all that apply): plus all lawful costs incidental to closing as follows: Escrow Fees 111 Total Acquisition of Grantor's Property: Full release of all Title 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. LEI 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. D Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges El Other Disbursements: Sub Total Title Report Credit Land $23,598.00 Possession date: Improvements $78,222.49 Close of escrow: Severance Damages Date of recording: Cost to Reestablish $2,187.70 Special Conditions Right of Way Contract Yes El No El Exhibit "B" Entry Agreement Yes 11 No [E] Total Closing Costs Addendum attached hereto and made a Yes CI No El Total Purchase Price $104,007,49 part hereof TOTAL WARRANT** *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: Riggs Road (Recker Road to Power Road) PCN: TT429 Assessor Parcel No.: 304-88-081L Item No D22847 Right of Way Agent: Robert W. Sachs, SRNVA Telephone # 602-506-4744 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 MAR1COPA 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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Michael Willhite, aka Michael S. Willhite a married man, as his sole and separate property Right of Way Acquisition Manager Chairman of the Board ATTEST: Date Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Accepted Date ESCROW OFFICER Deputy County Attorney Date Date GS/CS Revised 10/612009 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-88-081L Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22847 (RES) 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 Twenty Three Thousand Five Hundred Ninety Eight and No/100 DOLLARS ($23,598.00) as payment full for the property described herein. C. To pay the Grantors the sum of Seventy Eight Thousand Two Hundred Twenty Two and 49/100 Dollars ($78,222.49) as payment in full for the improvements located on the property described herein, and broken down as follows: Masonry Fence - 260 Linear Feet at $65.11 Per LF =$16,668.69 Gravel Surface 2,300 Square Feet at $1.50 per SF —$ 3,450.00 Concrete Curbing 118 Linear Feet at $8.00 per LF —$ 944.00 Grading and Boulder work =$11,191.50 Drip Irrigation =$ 750.00 Plants, Cactus, Tree, Shrubs and Oleanders =$47,718.60 Site Improvements Subtotal =$80,722.79 Less Depreciation @ 15% —$ (2,500.30) Site Improvements Total 478,222.49 D. To pay the Grantors the sum of Two Thousand One Hundred Eighty Seven and 70/100 Dollars ($2,187.70) as payment for reestablishment of depreciated improvements located on the property described herein. E. To pay the Grantors the sum of One Hundred and 00/100 Dollars ($100.00) as payment in full for the Temporary Construction Easement on the property described herein. F. 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. G. That no costs relating to construction of roadway improvements on Project No. TT429 Riggs Road (Recker Road to Power 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 Twenty Three Thousand Five Hundred Ninety Eight and No/100 DOLLARS ($23,598.00) as payment in full for the property described herein. 3. To accept the sum of Seventy Eight Thousand Two Hundred Twenty Two and 49/100 Dollars ($78,222.49) as payment in full for the improvements located on the property described herein. 4. To accept the sum of Two Thousand One Hundred Eighty Seven and 70/100 Dollars ($2,187.70) as payment for reestablishment of depreciated improvements located on the property described herein. 5. To accept the sum of One Hundred and 00/100 Dollars ($100.00) as payment in full for the Temporary Construction Easement on the property described herein. 6. 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. 7. 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 1117 DATE 67/Z1) GRANTOR DATE EXHIBIT "B" Parcel No. 304-88-08IL Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No, D22847 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of that property described in Document Number 2013-0939538 Maricopa County Records (MCR) being part of the North half of the North half of the West half of Parcel 25, Chandler Heights Citrus Tract unit 3626, according to Book 23 of Maps, Page 7 (MCR) lying within Section 36, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion is more particularly described as two parcels below. Parcel One: The North 27,00 feet of the North half of the North half of the West half of said Parcel 25. EXCEPT the East 249.17 feet thereof, and EXCEPT the West 132 feet thereof Parcel Two: BEGINNING at the intersection of the South line of North 27.00 feet of said Parcel 25 and the West line of said East 249.17 feet; Thence along said South line South 88°51'14" West a distance of 67.54 feet; Thence leaving said South line South 61°08'46" East a distance of 50.00 feet; Thence North 88°51'14" East a distance of 23,75 feet to a point on said West line; Thence along said West line North 00'00'36" West a distance of 25.00 feet to the POINT OF BEGINNING The above described parcels contain 7,866 square feet or 0.1806 Acres more or less. 010101 (.1c. Page 1 of MICHAEL 51978 E, KING IvIARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prethn:3-2- 14 Chk: Appr: Rev: 9-2444 Maricopa County Public Works —Real Estate Division EXPIRES 3-31-2017 GRANTOR DATE EXHIBIT "A" Parcel No. 304-88-081L Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No. D228474 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A portion of that property described in Document Number 2013-0939538 Maricopa County Records (MCR) being part of the North half of the North half of the West half of Parcel 25, Chandler Heights Citrus Tract unit 3626, according to Book 23 of Maps, Page 7 (MCR) lying within Section 36, Township 2 South, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion is more particularly described below. The South 10.00 feet of the North 62.00 feet of the East 23.64 feet of the North half of the North half of the West half of said Parcel 25. The above described parcel contains 236 square feet or 0,0054 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OP TRANSPORTATION Prelim:9-25-14 Chk: Appr: Rev: Maricopa County Public Works — Real Estate Division EXPIRES 3-31-2017 GRANTOR DATE EXI-I I BIT "A"