D1. PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS.PDF
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DocuSign Envelope ID: 24293AFC-56F6-475B-974C-28C751067ADD Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Pioneer Title Agency, Inc. Date 6/27/2022 Address 7310 N. 16th Street, Suite 250 Phone | 602-328-8925 City Phoenix, AZ 85020 Fax 855-487-3551 Escrow Officer Jennifer Siverio Email | Jenniler.siverio@ptaaz.com Escrow No. 72501671-025-JS1 Cameron Burke and Natalie Burke, husband and wife, as community property with tight of survivorship, who acquired title as Cameron Burke and Natalie Burke, wife Grantor: and husband, as community property with right of survivorship Phone: | 480,364-0843 Contact Cameron Burke Phone: Mailing cameron. burke@metrofirea Address: 15608 E. Ocotillo Road Email__| z.com City, State Zip Gilbert, AZ 85298 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: | Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or Sub- Charges and Disbursements to be paid from Grantor's funds as deposit with the Title Company if escrowed, the purchase price | Object | follows (check all that apply): plus all lawful costs incidental to closing as follows: Code i i 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 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 the lien of the current year's taxes in full. Release of Lease IX) 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 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 Maricopa County's partial acquisition, and any Certificate(s) Consent Fees of Purchase. The current year's taxes shall not be prorated S.R.V.W.U.A. regardless of the closing date. Taxes -Prorated l | [_Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges ‘TBD (1 Other Disbursements: | Sub Total Administrative 1 Settlement $424,236.00 Improvements* 10 Possession date: TCE 12 Close of escrow: Date of recording: Total Compensation $424,236.00 Total Escrow & Title Costs TBD 14 Special Conditions Right of Way Contract Yes Nol] Total Purchase Price $424,236.00 Exhibit "B" TOTAL WARRANT** TBD Entry Agreement Yes] | No Addendum attached hereto and made a Yes [] | No part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: Ocotillo Road (148% St to Greenfield)) PCN: | TR221 Assessor Parcel No.: 304-71-023C Item No | D24611 Right of Way Agent: Jobn Huntley, Tierra Right of Way Services Telephone # | 602-758-4747 Dana 1 af 2 DocuSign Envelope ID: 24293AFC-56F6-475B-974C-28C751067ADD The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibits) 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 wansferred 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, leaschold interests, special assessments, and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the tenns 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 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 altemative, 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 elemeut 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 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 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 MARICOPA 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.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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Cameron Burke and Natalie Burke, husband and wife, as community property with right of survivorship, who acquired title as Cameron Burke and Natalie Burke, wife and husband, as community property with right of survivorship MARICOPA COUNTY REAL ESTATE y 2 WA DEPARTMENT MARICOPA COUNTY BOARD OF =a OA SUPERVISORS By: Cameron Burke, husband (_Docusigned by: Date Le “24-22 Patircle Meyta, 1 AH—t t> 0. AN / ARPA bro Ke Right of Way Supervisor 4 Chairman of the Board By: Natalie Burke, wife 6/30/2022 Date_(y [2% [2027 ATIEST: ‘ Date Approved as to form within the powers and authority of the Board of Petaisigned by: Clerk of the Board of Supervisors Wau 1--Peel-6 30/2022 Deputy County Attomey Date Date Dawn Val 2 DocuSign Envelope ID: 24293AFC-56F6-475B-974C-28C751067ADD EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-71-023C Project No.: TR221 Project Name: Ocotillo Road Project Termini: 148" Street to Greenfield Road Item No.: D24611 (WJ) 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. B. C: To use the real property described herein for the general welfare and benefit of the public. To pay the Grantors the sum of Four Hundred Fifteen Thousand Five Hundred Thirty-Six and No/100 Dollars ($415,536.00) as payment in full for the real property described herein. To pay the Grantors the sum of Five Thousand Eight Hundred Eighty-Two and No/100 Dollars ($5,882.00) as payment in full for the improvements located on the property described herein and broken out as follows: Pipe and Wire Fence (359 LF X $8.00 Per LF). =$2,872.00 Pasture Grass (30,100 SF X $0.10 Per SF) =$3,010.00 Site Improvements Total =$5,882.00 To pay the Grantors the sum of Two Thousand Eight Hundred Eighteen and No/100 Dollars ($2,818.00) as payment in full for the Temporary Construction Easement 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. With respect to the development/redevelopment of the property prior to construction of project TR221, Grantor 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: L. 2. 3. 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 Four Hundred Fifteen Thousand Five Hundred Thirty-Six and No/100 Dollars ($415,536.00) as payment in full for the real property described herein. To accept the sum of Five Thousand Eight Hundred Eighty-Two and No/100 Dollars ($5,882.00) as payment in full for the improvements located on the property described herein and broken out as follows: Pipe and Wire Fence (359 LF X $8.00 Per LF). =$2,872.00 Pasture Grass (30,100 SF X $0.10 Per SF) =$3,010.00 Site Improvements Total =$5,882.00 To accept the sum of Two Thousand Eight Hundred Eighteen and No/100 Dollars ($2,818.00) as payment in full for the Temporary Construction Easement 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 “E” above. Page 3 of 3 DocuSign Envelope ID: 24293AFC-56F6-475B-974C-28C751067ADD LEGAL DESCRPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 30M-7 10290 RIGHT-OF WAY ACQUISITION APORTION OF THAT PARCEL OF LAND OESCRIBED IN DOCUMENT NO, 2022.0506677, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 16. TOWNSHP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY. ARIZORA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN BRASS CAP FLUSH AT THE SOUTHEAST CORNER OF SAID SECTION 16, FROM WHICH AN ALUAIINUAI CAP FLUSH AT THE SOUTH QUARTER CORNER OF SAID SECTION 16, BEARS SOUTH 88 DEGREES 47 MINUTES 07 SECONDS WEST, [BASIS OF BEARINGS) 2,636,21 FEET: THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER. SOUTH 88 DEGREES 47 MINUTES 07 SECONDS WEST, 1,976.41 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL: THENCE ALONG THE EAST LINE OF SAID PARCEL, NORTH 0 OEGREES 10 MINUTES 47 SECONDS EAST. 33,01 FEET TO. A PONT ON THE NORTH LINE OF THE SOUTH 33,000 FEET OF SAID SOUTHEAST QUARTER. SAD POINT BEING THE POINT OF BEGINNING: THENCE ALONG SAID NORTH LINE, SOUTH 88 DEGREES 47 MINUTES 07 SECONDS WEST, 395,15 FEET; THENCE NORTH 1 DEGREES 12 MINUTES 53 SECONDS WEST, 32,00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 65.00 FEET OF SAID SOUTHEAST QUARTER, THENCE ALONG SAID NORTH LINE. NORTH 88 DEGREES 47 MINUTES 07 SECONDS EAST. 234.75 FEET THENCE NORTH 1 DEGREES 12 MINUTES 53 SECONDS WEST, 135,00 FEET TO A POINT ON THE NORTH LINE OF SAB PARCEL; THENCE ALONG SAID NORTH LINE, NORTH 88 DEGREES 49 MINUTES 32 SECONDS EAST. 164.46 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL, SOUTH 0 DEGREES 10 MINUTES 47 SECONDS WEST, 165.93 FEET TO TRE POINT OF BEGINNING, CONTAINING AN AREA OF 34.628 SQUARE FEET OR 0.7949 ACRES, MORE OR LESS, SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS, RIGHT-OF-WAY ACQUISITION EPS Project #: 20-1407 Town of Gilbert Project No,: ST-0990 Section: 16 Township: 2 Range: 6E 1130 N. Alma School Road, Suite 120 Date: 05'27/22 Mesa, Arizona 85201 — T:480.503.2250 | F:480.503.2258 Page 1 of 3 wwwW.epsgroupinc.com A Daan 4 of DocuSign Envelope ID: 24293AFC-56F6-475B-974C-28C751067ADD a ™~ LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-71.023C RIGHT-OF WAY ACQUISITION NOBAGIZE 164.48 | xe NS PS Vf PROPOSED RIGHT-OF-WAY = 36,628 SO, FT. 0.7949 AC. THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY, = 8 -_ a» P 2 2h = z 3 5a 3 e's 5 2 Z = sO —z [oad =a a a YY, ra a 4h ---8- x= Seg'4rOTW 36615 P.0.8, 7 2 w Bw Bor) 7 oO ge | 28 OCOTILLOROAD ess. os } V ~ SBargTOTW 2,635.21 [BASIS OF BEARING) P.O.C, SOUTH 1/4 CORNER SneAc Tee SECTION 16. 128, R6E FOUND ACF SECTION 16, 125, REE FOUND BCFL LEGEND LINE TABLE P.OB, POINT OF BEGINNING P.0.C. POINT OF COMMENCEMENT LINE | BEARNG | LENGTH APN ASSESSORS PARCEL NUMBER ACFL ALUMINUM CAP FLUSH ul | Noire | 33.01 BCFL BRASS CAP FLUSH M.CR, MARICOPA COUNTY RECORDER L2) | NOVIZSIW | 32.00 RW RIGHT-OF-WAY HR.O.W, NEW RIGHT-OF-WAY NOTTO SCALE RIGHT-OF-WAY ACQUISITION EPS Project #: 20-1407 Town of Gilbert Project No,: ST-0990 Section: 16 Township: 2S Range: 6 E Date: 05'27/22 Page 2 of 3 > sito ON" RAYMONO S. 2, MUNOZ. CH % Sry 1130 N. Alma School Road, Suite 120 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 www,epsgroupinc.com - Dane & nf O DocuSign Envelope ID: 24293AFC-56F6-475B-974C-28C751067ADD North: 818023,6663' East: 7526 14,0591" Segment #1 : Line Course: $88°47'07°W Length: 395,15 North: 818015.2894' East: 752218.9979' Segment #2 : Line Course: NO1°12'53'W Length: 32.00 North: 818047.2822' East: 752218.3195' Segment #3 : Line Course: N88°4707"E — Length: 234.75 North; 818052.2588' East: 752453,0168' Segment #4 : Line Course: N01°12'53°W Length: 136.00° North: 818187.2284' East: 752450.1549' Segment #5 ; Line Course: N88°49'32°E — Length: 164.46’ North: 818190.5993' East: 752614.5803' Segment #6 : Line Course: S00°10'47"W Length: 166.93" North: 818023.6701° East: 752614,0567' LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-71-023C RIGHT-OF-WAY ACQUISITION Perimeter. 1128.28 Area: 34628 Sq. Ft. Error Closure: 0.0045 Course: N32°29'41"W Error North: 0.00377 East: -0.00240 Precision 1: 250731.11 Town of Gilbert Project No.: ST-0990 Section: 16 Township: 2S Range: 6 E Date: 05/27/22 RIGHT-OF-WAY ACQUISITION EPS Project #: 20-1407 G EPS Page 3 of 3 GROUP 1130 N. Alma School Road, Suite 120 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 www.epsgroupinc.com r Dace & nf O DocuSign Envelope ID: 24293AFC-56F6-475B-974C-28C751067ADD LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-71.023C TEMPORARY CONSTRUCTION EASEMENT APORTION OF THAT PARCEL OF LAND DESCRIBED IN COCUMENT NO, 2022-0506677, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN BRASS CAP FLUSH AT THE SOUTHEAST CORNER OF SAID SECTION 16, FROM WHICH AN ALUMINUM CAP FLUSH AT THE SOUTH QUARTER CORNER OF SAID SECTION 16, BEARS SOUTH 88 DEGREES 47 MINUTES 07 SECONDS WEST. (BASIS OF BEARINGS) 2,635.21 FEET: THENCE ALONG THE SOUTH LINE OF SAID SQUTHEAST QUARTER, SOUTH 88 DEGREES 47 MINUTES 07 SECONDS WEST, 2,136,00 FEET; THENCE NORTH 1 DEGREES 12 MINUTES 53 SECONDS WEST, 65,00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 65,00 FEET OF SAID SOUTHEAST QUARTER, SAID POINT BEING THE POINT OF BEGINNING: THENCE ALONG SAID NORTH LINE, SOUTH 88 DEGREES 47 MINUTES 07 SECONDS WEST, 234.75 FEET: THENCE NORTH 1 DEGREES 12 MINUTES 53 SECONDS WEST, 10.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 75.00 FEET OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID NORTH LINE, NORTH 88 DEGREES 47 MINUTES 07 SECONDS EAST, 234,75 FEET; THENCE SOUTH 1 DEGREES 12 MINUTES 53 SECONOS EAST. 10,00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 2.348 SQUARE FEET OR 0.0539 ACRES. MORE OR LESS. SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS, TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 EPS Town of Gilbert Project No.: $T-0990 GROUP Section: 16 1 28 Range: 6E 1130 N, Alma School Road, Suite 120 Date: 05/27/22 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 Page 1 of 3 wwew.epsgroupine.com \N r, Dana 7 af a DocuSign Envelope ID: 24293AFC-56F6-475B-974C-28C751067ADD LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-71-023C TEMPORARY CONSTRUCTION EASEMENT CAMERON BURKE ANO NATALIE BURKE DOCUMENT NO, 20220506677. M.C.R, | TCE, 3 NBSATOTE 234.75 [ eZ rT —_ TBUZZZZZ LLL LLL LLL Liéao 3 w - SeB°aTOTW 234.75 P.OB w BB Bis ir 2 |, _________----_#s-- 8 8 2a OCOTILLO ROAD = S = 28 99920 a } 2136.00 fF ~~ “geats7or'e 2,635.21 (BASIS OF BEARING) SOUTH 1/4 CORNER SOUTHEAST CORNER SECTION 16, 128, REE SECTION 16, 125, REE FOUND ACFL LEGEND FOUND BCFL P.0.B, POINT OF BEGINNING POC, POINT OF COMMENCEMENT LINE TABLE APN _ ASSESSORS PARCEL NUMBER ACFL ALUMINUM CAP FLUSH LINE | BEARING | LENGTH BCFL BRASS CAP FLUSH MAC.R. MARICOPA COUNTY RECORDER ul NOMIZ53°W 10.00 RW RIGHT-OF-WAY ; T.C.£, TEMPORARY CONSTRUCTION 2 | sovizsse | 10.00 EASENENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT = 2,348 SO, FT. 0.0539 AC, UD THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY, NOT TO SCALE TEMPORARY CONSTRUCTION EASENENT EPS Project #: 20-1407 Towm of Gilbert Project No.: $T-0990 — GROUP Section: 16 Township: 28 Range: bE 1130 N. Alma School Road, Suite 120 Date: 05/27/22 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 Page 2 of 3 www.epsgroupinc.com | Pace R of O DocuSign Envelope ID: 24293AFC-56F6-475B-974C-28C751067ADD LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-71-023C TEMPORARY CONSTRUCTION EASEMENT North: 818052.2593' East: 752453.0215' Segment #1 : Line Course: $88°47'07"W Length: 234.75° North: 818047.2827' East: 752218.3243' Segment #2 : Line Course: N01°12'53°W Length: 10.00' North: 818057.2805' East: 752218.1123' Segment #3 : Line Course: N88°47'07°E ~— Length: 234.75' North: 818062.2570' East: 752452.8095' Segment #4 : Line Course: $01°12'53"E — Length: 10.00° North: 818052.2593' East: 752453.0215' Perimeter. 489.50’ Area: 2348 Sq. Fi. Error Closure: 0.0000 Course: NO0°00'00°E Error North: 0.00000 East: 0,00000 Precision 1: 489500000.00 TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 G FPS Town of Gilbert Project No.: ST-0990 a GROUP Section: 16 Township: 2S Range: gE 1130 N. Alma School Road, Suite 120 * Sioned ay P20. Date: 05/27/22 Mesa, Arizona 85201 th T:480.503.2250 | F:480.503.2258 Page 3 of 3 www.epsgroupinc.com a _# Pace 9 af 9