A2 PURCHASE AGREEMENT & ESCROW INSTRUCTIONS.PDF
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Flood Control District of Maricopa County Purchase Agreement and Escrow Instructions Title Company Pioneer Title Agency, Inc. Date 3/2/2022 Address 7310 N. 16% Street, Suite 250 Phone | 602-328-8925 City Phoenix Fax 855-487-3551 Escrow Officer Jennifer Siverio Email _|_Jennifer.siverio@ptaaz.com Escrow No. 72501110-025-JS1 Grantor: Daisy E. Policy, a widow Phone: Contact Jessie Policy Phone: | 928-257-9059 Mailing Address: _| 104 .N. Scott Ave Email City, State Zip Gila Bend, AZ 85337 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 Sub- Charges and Disbursements to be paid from Grantor's funds as the Title Company if escrowed, the purchase price plus all lawful Object | follows (check all that apply): costs incidental to closing as follows: Code | Escrow Fees TBD KX 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 Deed the lien of the current year's taxes in full. Easement | | Mortgage Release LJ 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 TBD 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. L1_Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges TBD [1 Other Disbursements: | Sub Total TBD Land and Improvements * $130,000.00 1 Possession date: Close of escrow: Date of recording: Total Compensation TBD Right of Way Agreement Exhibit “B” Yes Nok] Total Escrow & Title Costs TBD | 14 Right of Entry Agreement Yes L] | Nok Total Purchase Price $130,000.00 Addendum attached hereto and made a Yes L] | 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. ##k P.O.C Paid outside of closing Project: Floodprone Properties Assistance Program (FPAP) PCN: | 700.22.38 Assessor Parcel No.: 403-11-054C Item No | F00427 Right of Way Agent: John Huntley, Tierra Right of Way Services Telephone # | 602-758-4747 Page 1 of 3 DocuSign Envelope ID: D0625829-6BE5-484C-997C-B4B89440ABA8 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Bxhibit(s) attached hereto and made a patt hereof, and having delivered same to the above Title Company as Esctow 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 esctowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such esctowed instruments as are necessary ot proper in the issuance of title insurance; and pay the balance of the escrowed funds to the patty or patties 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 Grantot’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 teceipt 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 teleases 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 Gtantor 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 ftom the part being acquired and the construction of the improvements in the manner proposed by the DISTRICT. If the property being acquired was damaged during the August 13-14, 2021 Gila Bend flooding event, the consideration includes full and complete compensation for any and all claims that seller may have as a result of said flooding event. Grantor hereby completely releases and forever discharges the DISTRICT, Maricopa County, and all other County districts, agencies, and employees from all claims related to said flooding event. Grantor agrees to hold harmless and indemnify the DISTRICT, Maricopa County, and all other County districts, agencies, and employees from any litigation commenced against them alleging damages to Grantor related to said flooding event, including payment of attorney fees and litigation expenses. 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, ot by the negligent acts or conduct of its agents, employees, or contractors duting the term of the DISTRICT'S tempotary 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, oe oo RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: cor ; E, Fba. FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF 7 OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Daisy E. Policy (eaeualane byt ‘ 2) eT, Ef fen Nidal Lully 5/2022 Date 4 Ar IDL Op AA- Michael A Fulton Date Chairman of the Board 7 Dirgctog, Flood Control District 7 gned-by [lta “Sma SURYA AS ATTEST: Kos TabUDSESDACC... Date Director, Real Estate Department Apptoved as to form within the powers and authority of the Board of ‘ Clerk of the Board Directors A= DocUsignEr by: 5/2022 Wayne p ue u Date —"parbaodopesaans Deputy County Attorney Date Page 2 of 3 Parcel No. 403-11-054C Floodprone Properties Assistance Program Project No. 700.22.38 Item No. F00427 EXHIBIT “A” LEGAL DESCRIPTION The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is described as follows: A portion of Tract "D" of West Gila Bend Amended, on file in the office of the Maricopa County Recorder in Book 32 of Maps, page 33, more particularly described as follows: BEGINNING at the northeast corner of said Tract "D"; thence southerly along the east line of said Tract “D" 118.12 feet; thence southwesterly parallel with the north line of said Tract "D" 140.00 feet; thence northerly parallel with the east line of said Tract "D" 118.12 feet to the north line of said Tract "D" and; thence northeasterly along the north line of said Tract "D" 140.00 feet to the POINT OF BEGINNING. 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