B1. PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS_D24578.PDF
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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Comoanv Pioneer Title Agency Date July 12 2022 Address 7310 N. }6'h St., Suite 250 Phone (602) 328-8925 Citv Phoenix AZ 85020 Fax (855) 487-3551 Escrow Officer Jennifer Siverio Email Jennifer.Siverio@otaaz.com Escrow No. 72501608-025-JS I Matthew Shults and Heather Shults, husband and wife as community property with Grantor: right of survivorshio Phone: (480) 235-3402 Contact Matthew and Heather Shults Phone: (602) 321-8674 Mailing Zamado l@yahoo.com Address: 21419 S. Lindsay Road Email Matt82186@aol.com City State Zip Gilbert, AZ 85298 Fax: NIA Real Estate De artment, 2801 W. Duran o Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or Sub- deposit with the Title Company if escrowed, the purchase price Object plus all lawful costs incidental to closing as follows: Code Escrow Fees TBD Title Policv Fees TBD Title Reoort Title Report Credit Total Escrow & Title Fees TBD Recording Fees: Release & Reconveyance Release of Lease Total Recordin2 Fees TBD Other Charges: Release Fees Consent Fees S.R.V.W.U.A. Taxes -Prorated Total Other Charees TBD Sub Total TBD Land* $46,139.00 11 Improvements* $7,304.00 10 TCE $2,868.00 12 Total Compensation $56,311.00 Total Escrow & Title Costs TBD 14 Total Purchase Price TBD TOTAL WARRANT** TBD *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. *** P.O.C Paid outside of closing Proiect: Lindsay Road from Sour Road to Layton Lakes Assessor Parcel No.: 304-72-029 Right of Wav Agent: Jordan McMurrav Charges and Disbursements to be paid from Grantor's funds as follows ( check all that apply): □ Total Acquisition of Grantor's Property: Full release of all monetarv liens and encumbrances, and leases of any kind. Pav in full all due and delinauent real orooertv taxes and general and soecial imorovement assessments. Prorate the current vear'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. t8:I Partial Acauisition of Grantor's Property: Partial release of all monetarv liens and encumbrances, and leases of any kind. At the discretion of Maricooa Countv oay due and delinauent property taxes and general and special improvement assessments, including full payment of taxes and assessments on individual assessor parcels within Maricopa County's partial acquisition, and any Certificate(s) of Purchase. The current year's taxes shall not be prorated regardless of the closing date. □ Easement(s): Consent to easement(s) bv secured oartv(ies). □ Other Disbursements: I Possession date: Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes t8:I No□ Exhibit"B" Entry Agreement YesD No [gl Addendum attached hereto and made a YesD No [gl part hereof PCN: TT0630 Item No D24578 Telephone# (602) 612-2372 Page 1 of8 DocuSign Envelope ID: CEC26839-BD1 E-4407-82A6-C5BA469C2785 The GRANTO RS, 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 MARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS. 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 MARICOPA COUNTY." 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. 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 any element of 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 Grantors 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 tl).e 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 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 MARICOPA COUNTY. 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 MARI COP A COUNTY'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.RS.§ 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. GRANTORS: Matthew Shults and Heather Shults, husband and wife as community property with right of survivorshin Matthew Shults l(lA :\.1\Jv I. //1 ² Date -/ /'7 f ii •;.. 'L_ Ir I I • I V Heather Shults V,Dt1\U..(--.. '":/. ,\,.I tJ ./jQi; Date ·1- --Z. ( .. ;: zz__ - RECOMMENDED FOR APPROVAL: MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION · uocm,1gnea oy: 0 • .J.,,:,I_ IIA, ,,L I ·~- / IUgli³Way Supervisor 7 /JR /Jn,, Date Approved as to form within the powers and authority of the Board of t1Jir8eto'J\i9ned by: /II. fJ. ,I 7 /JR nnn ´l - I --- Depuµrto rnun¶w· ,:>:il-Arr!'." tt:o:-. m-e-i\'-' ----:D ::-at_e_. ., Page 2 of8 ACCEPTED AND APPROVED: MARICOPA COUNTY BOARD OF SUPERVISORS Chairman of the Board ATTEST: Clerk of the Board of Supervisors Date DocuSign Envelope ID: CEC26839-BD1 E-4407-82A6-C5BA469C2785 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-72-029 Project No.: TT0630 Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd) Item No.: D24578 (JR) WHEREAS in consideration hereinafter set fo1th, 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 herein for the general welfare and benefit of the public. B. To pay the Grantors the sum of Forty-Six Thousand One Hundred Thirty-Nine and No/100 Dollars ($46,139.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Seven Thousand Three Hundred Four and No/100 Dollars ($7,304.00) as payment in full for the improvements located on the property described herein and.broken out as follows: 2,880 Sq. Ft. of Grass =$1,440.00 2 Large Mesquite Trees =$5,000.00 320 Sq. Ft. of Aggregate at Driveway =$ 224.00 128 Sq. Ft. of Cable or wire fence =$ 640.00 Site Improvements Total =$7,304.00 D. To pay the Grantors the sum of Two Thousand Eight Hundred Sixty-Eight and No/100 Dollars ($2,868.00) as payment in full for the Temporary Construction Easement on the property described herein. E. That, ifin 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. F. With respect to the development/redevelopment of the property prior to construction of project TT0630, Granters will be responsible only for the costs of improvements required by the County or a municipality as part of a regulatory approval related to development/redevelopment of the property. 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 Forty-Six Thousand One Hundred Thirty-Nine and No/100 Dollars ($46,139.00) as payment in full for the real property described herein. G. To accept the sum of Seven Thousand Three Hundred Four and No/100 Dollars ($7,304.00) as payment in full for the improvements iocated on the property described herein and broken out as follows: 2,880 Sq. Ft. of Grass =$1,440.00 2 Large Mesquite Trees =$5,000.00 320 Sq. Ft. of Aggregate at Driveway =$ 224.00 128 Sq. Ft. of Cable or wire fence =$ 640.00 Site Improvements Total =$7,304.00 3. To accept the sum of Two Thousand Eight Hundred Sixty-Eight and No/100 Dollars ($2,868.00) as payment in full for the Temporary Construction Easement on the property described herein. 4. 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 "E" above. Page 3 of8 DocuSign Envelope ID: CEC26839-BD1 E-4407-82A6-C5BA469C2785 EXHIBIT "A" LEGAL DESCRIPTION FOR RIGHT OF WAY OVER A PORTION OF APN 304-72-029 A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 17, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 2633.38 FEET; THENCE UPON AND WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 826.13 FEET; THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 33.00 FEET TO THE EAST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO 2017-0617887, MARICOPA COUNTY RECORDS, ALSO BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, UPON AND WITH THE NORTHERLY LINE OF SAID PARCEL, NORTH 89 DEGREES 54 MINUTES 09 SECONDS EAST, A DISTANCE OF 32.00 FEET; THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 156.08 FEET TO THE SOUTHERLY LINE OF SAID PARCEL; THENCE UPON AND WITH SAID SOUTHERLY LINE, NORTH 89 DEGREES 18 MINUTES 20 SECONDS WEST, A DISTANCE OF 32.00 FEET TO THE AFORESAID EAST RIGHT OF WAY LINE; THENCE DEPARTING SAID SOUTHERLY LINE, UPON AND WITH SAID EAST RIGHT OF WAY LINE, NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST, A DISTANCE OF 155.64 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 4,988 SQUARE FEET OR 0.115 ACRES OF LAND, MORE OF LESS. APN 304-7 3-029 AUG 2021 PAGE 1 Page 4 of8 DIBBLE PROJECT NO 101493.06 DocuSign Envelope ID: CEC26839-8D1 E-4407-82A6-C5BA469C2785 POINT OF BEGINNING L2 EXHIBIT "A" FD TOWN OF GILBERT BRASS CAP FLUSH W 1 / 4 COR SECTION 1 7, T2S, R6E POINT OF COMMENCEMENT L3 32' ROW N APN 304-72-029 w INSTR 2017-0617887 u 33' EXST R/W L5 LO w 0 f-- I (f) N X 0) w 0) ..- OC) FD CITY OF CHANDLER BRASS CAP FLUSH ,;, SW COR SECTION 1 7, T2S, R6E E OCOTILLO RD ! NTS c!. PARCEL AREA: l 4,988 SF OR ,- 0.115 ACRES (- THIS IS NOT A PROPERTY LINE L1 L2 L3 L4 L5 LINE DATA TABLE BEARING DISTANCE soo·os· 19"E 826.13' N89 °51 '41 "E 33.00' N89 °54'09"E 32.00' soo·o8' 19"E 156.08' N89° 18'20"W 32.00' ! BOUNDARY SURVEY. jl..!V===Z=Z===Z::::::=Z===!..]_R_/w ____ --------------' 2 EXHIBIT II A" L6 Noo·os' 1 g"w 155.64' ! :i DIBBLE RIGHT OF WAY f APN 304-72-029 t A PORTION OF THE SOUTHWEST QUARTER OF 1 SECTION 17, T2S, R6E, GILA & SALT RIVER f 1-----------1 MERIDIAN, MARICOPA COUNTY, ARIZONA i Dibble Engineering DATE: AUG 2021 [)RI\I· RAR PAGE 2 § Project No 101493.06 i.: L-------------- ------.;..c:....,..a,.-==---------__.__ ______ _i Page 5 of8 DocuSign Envelope ID: CEC26839-8D1 E-4407-82A6-C5BA469C2785 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF APN 304-72-029 A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 17, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 2633.38 FEET; THENCE UPON AND WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 826.13 FEET; THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 33.00 FEET TO THE EAST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO 2017-0617887, MARICOPA COUNTY RECORDS; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, UPON AND WITH THE NORTHERLY LINE OF SAID PARCEL, NORTH 89 DEGREES 54 MINUTES 09 SECONDS EAST, A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 54 MINUTES 09 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 47.65 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 20.05 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 28.51 FEET TO THE SOUTHERLY LINE OF THE AFORESAID PARCEL; THENCE UPON AND WITH SAID SOUTHERLY LINE, NORTH 89 DEGREES 18 MINUTES 20 SECONDS WEST, A DISTANCE OF 10.00 FEET; APN 304-72-029 AUG 2021 PAGE 1 Page 6 of8 DIBBLE PROJECT NO 101493.06 DocuSign Envelope ID: CEC26839-BD1 E-4407-82A6-C5BA469C2785 EXHIBIT "A" THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST, A DISTANCE OF 156.08 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 3,100 SQUARE FEET OR 0.071 ACRES OF LAND, MORE OF LESS. APN 304-72-029 AUG 2021 PAGE 2 Page 7 of8 DIBBLE PROJECT NO 101493.06 DocuSign Envelope ID: CEC26839-BD1 E-4407-82A6-C5BA469C2785 EXHIBIT "A" FD TOWN OF GILBERT BRASS CAP FLUSH W 1 / 4 COR SECTION 17, T2S, R6E POINT OF COMMENCEMENT .-L2-. L3 L4 15' POINT OF TCE BEGINNING mCO I- NCO (/) 00 0 r--- 2 I .,..... c., (/) N N <D Oz1"1 w .,..... r--- 0 a::: - I") sq- I I a::: <D r--- u t5N ....I w N sq- ...J l[) Oo CD}u w 0 1'0N I- I (/) LL Ol (/) N z a::: 00:- X Ol Q_ I- z (/) co w Ol <( (/) -0 33' ...- -(/)o ...J <C o co CD 0 EXST R/W FD CITY OF CHANDLER BRASS CAP, FLUSH; SW COR SECTION 17, T2S, R6E E OCOTILLO RD NTS PARCEL AREA: 3,100 SF OR 0.071 ACRES LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L 11 L12 L13 LINE DATA TABLE BEARING DISTANCE soo·o8' 19"E 826.13' N89°51 '41 "E 33.00' N89°54 109"E 32.00' N89"54'09"E 15.00' soo·o8' 1 9"E 47.65' N89°51 '41 "E 15.00' soo·o8' 19"E 60.00' S89"51 '41 "W 15.00' soo·os • 1 g "E 20.05' ss9·51 '41 "w 5.00' soo·os· 19"E 28.51' N89° 18'20"W 10.00' Noo·os·1 g"w 156.08'