PURCHASE AGREEMENT - WT4-38A 1.PDF
Extracted text (via pymupdf)
12036 characters
Title Company
Date
Address
City
State AZ
Zip Code
Escrow Officer
Phone
Escrow No.
Email
Grantor
Mailing Address
Phone
Mobile
Email
Grantee:
Mailing Address:
Escrow Fees
Title Policy Fees
տ
Recording Fees
Deed
Easement
Release
Other Charges
ց
Release Fees
Title Report Fee
Prorated Taxes/Dates
տ
տ
տ
տ
TOTAL WARRANT**
675,005.00
$
*Title policy fees based on this amount only.
**Sum of “Total Closing Costs” and “Total Purchase Price” on
-
$
-
$
TOTAL ESCROW & TITLE FEES
-
$
-
$
-
$
-
$
-
$
TOTAL RECORDING FEES
-
$
Jason Bryant
602-230-6297
jbryant@securitytitle.com
Flood Control District of Maricopa County
2801 W. Durango St., Phoenix, AZ 85009
The STATE OF ARIZONA, by and through its DEPARTMENT OF TRANSPORTATION (the "State")
Arizona Department of Transportation, Right of Way Group
205 South 17th Avenue, MD 612E, Phoenix, Arizona 85007-3212
The STATE shall pay directly to the Grantor, or deposit with the Title
Company ("Escrow Agent") if escrowed, the purchase price plus all
lawful costs incidental to closing as follows:
Charges and disbursements to be paid from Grantor’s funds as
follows (check all that apply):
(to be completed by Title Company, if applicable)
85016
ARIZONA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY GROUP
PURCHASE AGREEMENT
Security Title Company
4722 N. 24th Street
Phoenix
Special Conditions Right of Way Contract Yes No
Entry Agreement*** Yes No
*** If yes, State shall pay statutory interest on the "Total
Purchase Price" from MM/DD/YYYY to the close of
escrow/date of recording directly to Grantor by separate
warrant.
Special Instructions/Information:
THE GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE in a certain conveyance dated TBD 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 the STATE OF ARIZONA by and through its DEPARTMENT OF TRANSPORTATION; title to said property to pass upon the
acceptance of delivery and possession by the ARIZONA DEPARTMENT OF TRANSPORTATION.
Total Acquisition of Grantor’s Property: Full release of all
monetary liens and encumbrances, and leases of any kind. Pay
in full all due and delinquent real property taxes and general and
special improvement assessments. Grantor will be charged for
any costs necessary to make the property compliant with the
Covenants, Conditions and Restrictions. 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.
Partial Acquisition of Grantor’s Property: Partial release of
all monetary liens and encumbrances, and leases of any kind. At
the discretion of State, pay due and delinquent property taxes
and general and special improvement assessments, including
full payment of taxes and assessments on individual assessor
parcels within State’s partial acquisition, and any Certificate(s) of
Purchase. The current year’s taxes shall not be prorated
regardless of the closing date.
Permanent Easement(s): Consent by secured party(ies).
Other Disbursements:
Security Deposits and Prepaid Rents, if Applicable: Grantor
agrees to return all security deposits and prepaid rents directly to
lessee(s) outside of escrow.
****************************************
Possession Date: Close of escrow/date of recording.
-
$
-
$
Total Purchase Price
675,005.00
$
Subtotal Fees
Title Report Credit (-)
-
$
TOTAL CLOSING COSTS
-
$
Land & Improvments
675,005.00
$
-
$
-
$
-
$
-
$
TOTAL OTHER CHARGES
-
$
-
$
-
$
PROJECT:
SECTION:
PARCEL:
State is acquiring Grantor’s property through its right of eminent domain under threat of condemnation; therefore, it is not a voluntary sale
in the ordinary course of real estate negotiation. Further, the settlement herein is in lieu of condemnation and not admissible as evidence
of value, nor for any other evidentiary purpose, in conjunction with any judicial or administrative proceeding.
It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the
interest being acquired, and in settlement for all injury or damage to the Grantor’s remaining abutting lands. Further, said consideration
shall constitute a waiver of any and all claims for damages or compensation to said abutting lands that may hereafter arise or result from
the establishment and construction of the highway in the manner proposed by the State.
The Escrow Agent shall 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 Grantor agrees that should further encumbrances be attached to this property subject to this transaction during the escrow period,
including but not limited to, monetary liens, leases, easements and permits, Grantor shall remain responsible for any damages in the
event of non-compliance.
The Escrow Agent is to withhold $0.00 as a security and/or site-clearance deposit pending satisfactory delivery of the subject property
to the State by the Grantor. The State 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.
The Grantor is to notify the Arizona Department of Transportation, Right of Way Group, of the date Grantor intends to vacate the subject
property.
If cost-to-cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove all
buildings and appurtenances including fences, floors other than concrete, plumbing lines above grade, and all combustible material not
later than 30 days from the date of payment. The 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 the State of Arizona, 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 the State of Arizona to enter upon the
Grantor’s remaining lands where necessary to accomplish the purpose of this agreement.
The State will pay the costs of any escrow services and/or title insurance desired by it, but 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 direct to the State of Arizona and payment will be
made direct from the Grantee to the Grantor after approval and acceptance by the Director of the Arizona Department of Transportation
and the final filing and recording of the documents.
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 Right of Way Group of the Arizona Department of Transportation 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 Arizona Department of Transportation.”
If the State is acquiring only a portion of Grantor’s property, then Grantor grants to the State, its agents, employees and contractors, the
right to enter Grantor’s remaining property as necessary for utility reconnection, driveway reconnection, facilitating removal of buildings or
appurtenances where portions of acquired buildings or appurtenances are situated on Grantor’s remaining property, and to facilitate
sound wall construction on adjacent State-owned right of way, if required. It is further understood and agreed that this temporary right will
expire and terminate thirty (30) days after completion of State’s project.
THISPURCHASEAGREEMENTSHALLSERVEASTHEESCROWINSTRUCTIONS
The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, mortgage claims, leasehold interests, special
assessments, fines, fees or charges to be paid to the homeowners association and other encumbrances as may be authorized for
payment, and the balance thereof shall be paid in accordance with the terms hereof. If the subject property is encumbered with
Covenants, Conditions and Restrictions, the Escrow Agent shall send a Notice of Pending Sale pursuant to A.R.S. 33-1806.
PROJECT:
SECTION:
PARCEL:
GRANTOR SUBSURFACE IMPROVEMENT STATEMENT
1.
2.
3.
4.
տ YES
ց NO
GRANTOR:
Date:
Approved by the Director of the
_________20____
Date:
Accepted: STATE OF ARIZONA
_________20____
I տ am տ am not aware of the presence of any subsurface improvements (e.g., septic systems, storm cellars,
ground wells) within the _____________________________________area of ADOT’s acquisition. If aware of such
improvements, please provide any information that may assist in locating same.
By ____________________________________________
RIGHT OF WAY MANAGER
Accepted___________________________Date:_______________
ESCROW OFFICER
Arizona Department of Transportation
Addendum attached hereto and made part hereof.
The STATE OF ARIZONA, by and through its
DEPARTMENT2)75$163257$7,21
Notice of Pending Sale pursuant to A.R.S 33-1806.
By ___________________________________________
Flood Control District Of Maricopa County
Vidal Mancilla: RIGHT OF WAY AGENT
Well(s) տ Yes
տ No Well Registration No(s): 55- _________________________________________
Well is located within the acquisition area, outside the acquisition area.
Irrigation Water Rights տ Yes
տ No IGR Number: 58-_______________________________________
(NOTE: If you answered yes regarding water rights, please provide a copy of the appropriate certificate for escrow to transfer, if
available)
The Escrow Agent is to request the transfer of the well or irrigation water rights located within the acquisition area to the State.
PROJECT:
SECTION:
PARCEL:
RECOMMENDED FOR APPROVAL:
APPROVED:
FLOOD CONTROL DISTRICT
BOARD OF DIRECTORS OF
OF MARICOPA COUNTY
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
Michael A. Fulton, Director
Date Bill Gates, Chairman of the Board Date
ATTEST:
Alex Smith
Date
Director
Maricopa County Real Estate Department
Clerk of the Board
Date
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
Before me,
, Notary Public in and for said County, State of
Arizona, on this day personally appeared
, known to me to be the
person whose name is subscribed to the forgoing instrument as Chairman of the Board of
the Political Subdivision in the foregoing instrument.
Given under my hand and seal of the office this
day of
, 20___
Notary Public (signature)
APPROVED AS TO FORM and within the powers and authority granted under the laws of
the State of Arizona and Maricopa County
Flood Control District General Counsel Date