Purchase Agmt and Escrow

City of Glendale — Regular Meeting (2024-08-13)

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City of Glendale Engineering Department
Purchase Agreement and Escrow Instructions

Title Company Commonwealth Land Title Insurance Company NCS Date June 17, 2024

Address 2390 E. Camelback Road, Suite 230 Phone 602-287-3521

City Phoenix, AZ 85016 Fax 602-263-0433

Escrow Officer Daphne Wright Email daphne.wright@cltic.com
Escrow No. 942400208

Grantor: Galen D & Lucia M Thomas

Contact Lucia Thomas Phone: | 623-205-5834

Mailing

Address: 5835 N. 834 Avenue Email luciamthomas@ cox.net
City, State Zip Glendale, AZ 85303 Fax: N/A

Grantee: City of Glendale, an Arizona municipal corporation

Mailing Address: | Engineering Department, 5850 W. Glendale Avenue, Glendale, Arizona 85301

CITY OF GLENDALE shall pay directly to the Grantor, or deposit Charges and Disbursements to be paid from Grantor's funds as
with the Title Company if escrowed, the purchase price plus all lawful follows (check all that apply):
costs incidental to closing as follows: | I
Escrow Fees TBD (1 Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees TBD monetary liens and encumbrances, and leases of any kind.
Title Report Pay in full all due and delinquent real property taxes and
Title Report Credit general and special improvement assessments. Prorate the
Total Escrow & Title Fees TBD 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
Release & Reconveyance TBD the lien of the current year's taxes in full.
Release of Lease TBD
[J Partial Acquisition of Grantor's Property: Partial release of all
monetary liens and encumbrances, and leases of any kind.
At the discretion of City of Glendale, pay due and delinquent
Total Recording Fees TBD property taxes and general and special improvement
assessments, including full payment of taxes and
Other Charges: assessments on individual assessor parcels within
Release Fees City of Glendale’s partial acquisition, and any Certificate(s)
Consent Fees of Purchase. The current year's taxes shall not be prorated
Taxes -Prorated regardless of the closing date. i
() Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD
(J Other Disbursements: —_ |
Sub Total TBD
Land* $50,960.00
Cost to Cure* $10,000.00 Possession date:
Close of escrow:
Date of recording:
Total Purchase Price $60,960.00 Entry Agreement YesC] | No&
Addendum attached hereto and made a part
Total Escrow & Title Costs TBD hereof. YesX | Nol
Total Compensation (minus any
funds paid outside of escrow) $60,960.00
TOTAL WARRANT** TBD
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Compensation" only.
Project: 83" Avenue and Bethany Home Road Right Turn Lane CIP # | 222333
Parcel Address 5835 N 83" Ave, Glendale, AZ 85303 APN # | 102-10-153
Right of Way Agent: Tangella Diaz Telephone # | 623-930-3643

Page 1 of 5

The Grantors, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit 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 the CITY
OF GLENDALE, possessory interest on said property to be granted upon approval by the CITY OF GLENDALE CITY COUNCIL and executed by
the authorized City official.

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.

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 the CITY OF GLENDALE Engineering Department will be furnished a copy of the GRANTORS?’ 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 the CITY OF GLENDALE.”

The Escrow Agent is to request the GRANTORS acknowledge receipt of the amount shown on the closing statement as due GRANTORS. Either a
copy of this request or a copy of a signed receipt is to be retained in the escrow file.

The CITY OF GLENDALE 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, the CITY OF GLENDALE 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 any element of this transaction is not handled through a title company, the conveyance will be delivered directly to CITY OF GLENDALE and
payment will be made direct from the GRANTEE to the GRANTORS after approval and acceptance by the CITY OF GLENDALE CITY COUNCIL
and the final filing and recording of the documents.

It is understood and agreed the consideration expressed herein is accepted by the GRANTORS as full and complete compensation for the interest being
acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration also provides full and complete compensation, satisfies, and
releases any claims brought or that could be brought against the GRANTEE for all injury or damage to the GRANTORS’ remaining lands by reason
of their severance from the part being acquired and the construction of the improvements in the manner proposed by the CITY OF GLENDALE.

The CITY OF GLENDALE agrees to pay and the GRANTORS accept the payment in full for the property described herein:

¢ Real property the amount of Fifty Thousand Nine Hundred and Sixty and No/100 Dollars ($50,960.00) described and depicted in
Exhibit A
© Cost to Cure in the amount of Ten Thousand and No/100 Dollars ($10,000.00) described and depicted in Exhibit A

If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, GRANTORS agree to remove or relocate such
improvements not later than 30 days from the date of payment. GRANTORS assume 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 the CITY OF GLENDALE and all rights of the GRANTORS to said improvements shall cease and terminate. GRANTORS shail be liable for the
reasonable costs incurred in removing said improvements. License is hereby granted to the CITY OF GLENDALE or its agents to enter upon the
GRANTORS’ remaining lands where necessary to accomplish the purpose of this agreement.

The CITY OF GLENDALE shall be responsible for damage that occurs as a result of the CITY OF GLENDALE's temporary use or occupation of the
GRANTORS’ property due to the City’s gross negligence, or the negligent acts or conduct of its agents, employees, or contractors. All claims shall be
submitted in accordance with the requirements‘of ARS 12-821.

This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.

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.

Page 2 of 5

GRANTORS: Galen D. Thomas and Lucia M. Thomas, husband and wife (9

HO. DT luda m. thomas

Galen D. Thomas Lucia M. Thomas

GRANTEE:

CITY OF GLENDALE
an Arizona municipal corporation

By:
Name: Kevin R. Phelps
Title: City Manager

ATTEST:

Julie K. Bower, City Clerk (Seal)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

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EXHIBIT “A”

DESCRIPTION FOR 83RD AVENUE RIGHT-OF-WAY
CITY OF GLENDALE PROJECT NUMBER 222333

COOPER AERIAL

DATE: 02-14-2024 PROJECT NO.: 2305007

A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED, RECORDED AS DOCUMENT NUMBER 2012-
0830509, MARICOPA COUNTY RECORDS (MCR), SITUATED WITHIN SECTION 14, TOWNSHIP 2 NORTH, RANGE 1
EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED.AS
FOLLOWS:

COMMENCING AT A BRASS CAP, FLUSH, FOUND AT THE NORTHWEST CORNER OF SAID SECTION 14, FROM WHICH
A BRASS CAP, FLUSH, FOUND AT THE WEST 1/4 CORNER OF SAID SECTION 14, BEARS SOUTH 00°23’32” WEST,
(BASIS OF BEARING) A DISTANCE OF 2640.68 FEET;

THENCE ALONG THE WESTERLY LINE OF SAID SECTION, SOUTH 00°23'32" WEST, A DISTANCE OF 440.51 FEET;

THENCE LEAVING SAID WESTERLY LINE, SOUTH 89°36'28" EAST, A DISTANCE OF 50.00 FEET, TO THE NORTHWEST
CORNER OF SAID CERTAIN PARCEL, AND THE POINT OF BEGINNING;

THENCE ALONG THE NORTH LINE OF SAID CERTAIN PARCEL, NORTH 88°27'39” EAST, A DISTANCE OF 10.01 FEET, TO
A LINE 10.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID CERTAIN PARCEL;

THENCE LEAVING SAID NORTH LINE, ALONG SAID PARALLEL LINE, SOUTH 00° 23’ 32” WEST, A DISTANCE OF 182.00
FEET, TO THE SOUTH LINE OF SAID CERTAIN PARCEL;

THENCE LEAVING SAID PARALLEL LINE, ALONG SAID SOUTH LINE, SOUTH 88°28’02” WEST, A DISTANCE OF 10.01
FEET, TO SAID WEST LINE OF THAT CERTAIN PARCEL;

THENCE LEAVING SAID SOUTH LINE, ALONG SAID WEST LINE, NORTH 00°23’32” EAST, A DISTANCE OF 182.00 FEET,
TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINING 1,820 SQUARE FEET (0.0418 ACRES), MORE OR LESS.

Subject to existing rights-of-way and easements.

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\\phx-storage\Archive\8250-8499\8366-2305007\Survey\Legals\LG-2305007_83rd RW.docx SHEET 1 OF 2

Cooper Aerial Surveys Co. | www.cooperaerial.com | 11402 N. Cave Creek Road, Phoenix AZ 85020 | 602.678.5111

2s pont OF COMMENCEMENT
NW. COR. SEC. 14 T2N, RIE
FOUND BRASS CAP, FLUSH

COOPER AERIAL SURVEYS CO

83RD AVENUE RIGHT-OF-WAY
EXHIBIT

11402 N. CAVE CREEK ROAD
PHOENIX, ARIZONA 85020

| SHEET 2 OF 2 COOPER AERIAL PROJECT NO: 2305007

602-678-5111