C1. 340.01.80_F00446_PA_WELCH_PURCHASE_AGREEMENT_EXHIBIT_B_FCD.PDF
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Flood Control District of Maricopa County
Purchase Agreement and Escrow Instructions
Title Company
Commonwealth Land Title Insurance Company NCS
Date
November 7, 2022
Address
2390 E Camelback Road, Suite 230
Phone
602-287-3533
City
Phoenix, AZ 85016
Fax
Escrow Officer
Andrew Platt
Email
Andrew.platt@cltic.com
Escrow No.
22000690-040-DO
Grantor:
Carol Ann Welch, an unmarried woman
Phone:
602-566-1974
Contact
Carol Welch
Phone:
928-684-7941
Mailing Address:
659 W Wickenburg Way
Email
Kgbc63@gmail.com
City, State Zip
Wickenburg, AZ 85390
Fax:
Grantee: FLOOD CONTROL DISTRICT OF MARICOPA COUTNY [DISTRICT], a political subdivision of the State of Arizona
Mailing Address:
Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009
The DISTRICT shall pay directly to the Grantor, or deposit with the Title
Company if escrowed, the purchase price plus all lawful costs incidental to
closing as follows:
Sub
Obj
#
Charges and Disbursements to be paid from Grantor's funds as follows (check
all that apply):
Escrow Fees
TBD
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
750.00
14
Pay in full all due and delinquent real property taxes and
Title Report Credit
(750.00)
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 the DISRICT, 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
DISTRICT’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.
Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
Other Disbursements:
Sub Total
TBD
Ingress / Egress Easement
420.00
12
Possession date:
Total Acquisition
$420.00
Close of escrow:
Date of recording:
Right of Way Agreement Exhibit “B”
Yes
No
Total Closing Costs
TBD
Right of Entry Agreement
Yes
No
Total Purchase Price
$420.00
Addendum attached hereto and made a
Yes
No
TOTAL WARRANT**
TBD
part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
POC = Paid Outside of Closing
Project:
Sunset FRS
PCN:
340.01.80
Assessor Parcel No.:
505-33-023K
Item No
F00446
Right of Way Agent:
Kevin Spicer
Telephone #
602-506-4893
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The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) 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
DISTRICT, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF DIRECTORS.
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 Maricopa County Real Estate Department 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 the “DISTRICT.”
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.
The DISTRICT 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
DISTRICT 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 the DISTRICT and payment will be made direct
from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF DIRECTORS 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 also includes; 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 the DISTRICT.
The DISTRICT shall be responsible to the extent that damage occurs out of the DISTRICT's occupation of the Grantor's property caused by the DISTRICT’s negligence,
or by the negligent acts or conduct of its agents, employees, or contractors during the term of the DISTRICT’S temporary occupancy of the property. 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.
GRANTOR: Carol Anne Welch, an unmarried
woman
RECOMMENDED FOR APPROVAL:
ACCEPTED AND APPROVED:
FLOOD CONTROL DISTRICT
BOARD OF DIRECTORS OF
OF MARICOPA COUNTY
FLOOD CONTROL DISTRICT OF
_________________________________
MARICOPA COUNTY
Date
_________________________________
Michael A Fulton Date
Chairman of the Board
_________________________________
Director, Flood Control District
ATTEST:
Alex Smith Date
Director, Real Estate Department
Approved as to form within the
_________________________________
powers and authority of the Board of
Clerk of the Board
Directors
_______________________________
_______________________________
Date
Deputy County Attorney Date
11/8/2022
11/8/2022
11/9/2022
11/8/2022
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EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 505-33-023K
PCN.: 340.01.80
Project Name: Sunset FRS
Item No.: F00446 (KLS)
WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement
between the Grantor and the DISTRICT. No further consideration is being paid than described in this agreement.
THE DISTRICT AGREES:
A. To use the real property described herein for the general welfare and benefit of the public.
B. To pay the Grantors the sum of Four Hundred Twenty and No/100 Dollars ($420.00) as payment in full for the
real property described herein.
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 Four Hundred Twenty and No/100 Dollars ($420.00) as payment in full for the property
described herein.
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