B1 TT0609_D24281_PA.PDF

Maricopa County — Formal (2024-09-25)

View PDF Item 78 Meeting page

Extracted text (via ocr_local) 20226 characters
Maricopa County
Purchase Agreement and Escrow Instructions

Title Company Security Title Agency Date April 25, 2024
Address 2415 East Camelback Road, Suite 200 Phone 602-230-6224
City Phoenix, AZ 85016 Fax 602-926-0452
Escrow Officer Jason Bryant Email jbryant@securilytitie.com
Escrow No. 15201041-015-JB6-SW
Grantor: Cayness Investments, LLC, an Arizona limited liability company Phone: 602-359-1459
Contact John Lloyd Cavness and Pamela Sue Cavness Phone:
Mailing Address: 27914 N. Agua Verde Drive Email cayness@logosbuilders.com
City, State Zip Anthem, Arizona 85263 Fax: N/A
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):
lus all lawful costs incidental to closing as follows: Code
Escrow Fees TBD L1_ 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 14 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
(J 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 14 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 |
[X]_ Easements: Consent to easement by secured parties,
Total Other Charges TBD 14
LJ Other Disbursements: [
Sub Total TBD
Drainage Easement* $1,652.00 i
TCE $500.00 12
Total Purchase Price $2,152.00
Total Escrow & Title Costs TBD 14
Total Compensation (minus any
funds paid outside of escrow)
TOTAL WARRANT#* TBD

*Escrow and title policy fees based on this amount only.

Project Name: Tonto Hills Low Volume Roads Project Number: | TT0609
Assessor Parcel No.: 219-12-083 Item No. D24281
Right of Way Agent: Alejandra Victoria-Lopez Telephone # 602-506-5248

Page 1 of 12

The GRANTOR and GRANTEE, having executed a conveyance of certain real property rights as described and depicted in the Exhibit(s) A-1, A-2,
B-1, B-2, B-3, B-4, 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 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-off’, 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 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 agrees to pay and the GRANTOR accepts the payment in full for the property described herein:

¢ Drainage Easement in the amount of One Thousand Six Hundred Fifty-Two and No/100 Dollars ($1,652.00) described and depicted in
Exhibit A-1 and A-2

* Temporary Construction Easement in the amount of Five Hundred and No/100 Dollars ($500.00) described and depicted in Exhibit B-1
and B-2

If in the opinion of the Transportation Director it becomes necessary, MARICOPA COUNTY, or its agents, is hereby granted to enter upon the
remaining property for the purpose of private structure relocation in kind to the GRANTOR’s property, clear of the property described herein, and 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 TT0609, 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.

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.

Page 2 of 12

GRANTOR: Cavness Investments, LLC, an
Arizona limited liability company

LZ iL MARICOPA COUNTY DEPARTMENT
OF TRANSPORTATION
(/® John Ligyd Cavness

RECOMMENDED FOR APPROVAL:

DocuSigned by:

ACCEPTED AND APPROVED:

MARICOPA COUNTY BOARD OF
SUPERVISORS

Member
It’s Jen Kody Vga 4
b 2. 24 wif
Date 8/29/2024

reblau Orpew

By: Pamela Sule Cavness

Member Approved as to form within the
It’s powers and authority of the Board of

3-38 -G4- Supervisors

DocuSigned by:

Chairman of the Board of Supervisors

Date:

ATTEST:

Clerk of the Board of Supervisors

Wayne Puce 8/29/2024

coasapDE44caes... ttorney Date

Page 3 of 12

Date

Exhibit “A-1”

Parcel No. 219-12-083
Project No. TT0609
TONTO HILLS LVR

Item No. D24281-DE

Legal Description For Drainage Easement

That portion of the Southeast quarter of Section 10, Township 6 North, Range 5 East of the Gila and
Salt River Meridian, Maricopa County, Arizona, described as follows:

COMMENCING at the Northwest corner of Lot 83 of Tonto Hills, Book 93, page 5 M.C.R., said point
being a non-tangent curve, concave Southwest, from which the radius point bears South 56 degrees 14
minutes 48 seconds West a distance of 270.96 feet;

thence Southeasterly 0.86 feet along the North line of said Lot 83, along the arc of said curve to the
right through a central angle of 0 degrees 10 minutes 57 seconds;

thence South 33 degrees 34 minutes 15 seconds East, 132.72 feet along said North line to the
beginning of a curve, concave Northeast, having a radius of 330.00 feet;

thence Southeasterly 133.26 feet along said North line, along the arc of said curve to the left through a
central angle of 23 degrees 08 minutes 16 seconds to the POINT OF BEGINNING, said point being a
point of compound curvature of a curve having a radius of 330.00 feet;

thence Southeasterly 44,02 feet along said North line, along the arc of said curve to the left through a
central angle of 7 degrees 38 minutes 35 seconds;

thence on a non-tangent line South 68 degrees 18 minutes 43 seconds West, 39.45 feet to the beginning
of a non-tangent curve, concave Northeast, from which the radius point bears North 29 degrees 54
minutes 25 seconds East a distance of 360.00 feet;

thence Northwesterly 8.96 feet along the arc of said curve to the right through a central angle of 1
degrees 25 minutes 35 seconds;

Professional Land
Surveyor AZ No, 19817

H Digitally signed
Jim by Jim CRUME
Date: 2024.03.05
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION C RU M E 07:07:39 -07'00'
Agent: J. Crume Project No. TTO609 Chk: J. Crume Electronic Seal
Tech: B. Crume https://btr.az.gov/
Prepared by: Cooper Aerial Surveys Company

Page 4 of 2

thence on a non-tangent line North 10 degrees 51 minutes 08 seconds East, 32.23 feet to the POINT

OF BEGINNING.

The above described parcel contains 790 square feet or 0.0181 acres, more or less, and is depicted on

the attached Exhibit “A-2”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

Agent: J. Crume Project No. TTO609

Chk: J. Crume

Tech: B. Crume

Prepared by: Cooper Aerial Surveys Company

Professional Land
Surveyor AZ No. 19817

1 Digitally signed
Jim by Jim CRUME

Date: 2024.03.05
CRUME o7.07's6 -07'00"
Electronic Seal
https://btr.az.gov/

Page 5 of 12

Exhibit "A-2"

APN:219-12-082

Not to Scale

LOT 83 OF TONTO HILLS
BOOK 93 PAGE 05 M.C.R.

CAVNESS INVESTMENTS LLC
APN: 219-12-083

D24281—DE

E YUCCA LN

CURVE TABLE LINE TABLE

CURVE | LENGTH | RADIUS | DELTA | TANGENT } CHORD | CHORD BRG LINE BEARING | LENGTH

Cl 0.86’ | 270.96" | 010’57” 0.43 0.86 | $33°39°43"E LI | S33°3415"E | 132.72’

C2 133,26 | 330.00’ | 23°08'16” 67.55’ | 132.36" | $45°08'22"E L2 | S6818'43"W | 39.45

C3 44.02’ | 330.00’ | 7°38'35” 22.04 | 43.99" | S60°31°48"E L3_ | N10°51'08"E | 32.23

C4 8.96’ | 360.00’ | 1'25°35” 4.48 8.96" | N59'22°48"W
Page 6 of 12
Professional Land
Surveyor AZ No.
D24281-DE Area: 790 square feet or 0.0181 acres SHT 1 of 4 19817
. Digitally signed
MARICOPA COUNTY Jim bysimcrume
2024.03.05
TONTO HILLS LVR CRUME20240305
P : i
PROJECT No. TT0609 | Agent: J. Crume Ae ee aN IAL SURVEYS COMPANY Electronic Seal
https: //btr.az.gov/
ITEM No. D24281-DE Tech: B. Crume Checked: J. Crume Date: 03/04/2024

Exhibit “B-1”

Parcel No. 219-12-083
Project No. TT0609

TONTO HILLS LVR
Item No. D24281-TCE

Legal Description For Temporary Construction Easement

That portion of the Southeast quarter of Section 10, Township 6 North, Range 5 East of the Gila and
Salt River Meridian, Maricopa County, Arizona, described as follows:

PARCEL |

COMMENCING at the Northwest corner of Lot 83 of Tonto Hills, Book 93, page 5 M.C.R., said point
being a non-tangent curve, concave Southwest, from which the radius point bears South 56 degrees 14
minutes 48 seconds West a distance of 270.96 feet;

thence Southeasterly 0.86 feet along the North line of said Lot 83, along the arc of said curve to the
right through a central angle of 0 degrees 10 minutes 57 seconds;

thence South 33 degrees 34 minutes 15 seconds East, 132.71 feet along said North line, to the
beginning of a curve, concave Northeast, having a radius of 330.00 feet;

thence Southeasterly 88.70 feet along said North line, along the arc of said curve to the left through a
central angle of 15 degrees 24 minutes 01 seconds to the POINT OF BEGINNING, said point being a
point of compound curvature of a curve having a radius of 330.00 feet;

thence Southeasterly 44.64 feet along said North line, along the arc of said curve to the left through a
central angle of 7 degrees 45 minutes 01 seconds;

thence on a non-tangent line South 33 degrees 16 minutes 43 seconds West, 5.00 feet to the beginning
of a non-tangent curve, concave Northeast, from which the radius point bears North 33 degrees 16
minutes 43 seconds East a distance of 335.00 feet;

thence Northwesterly 45.32 feet along the are of said curve to the right through a central angle of 7
degrees 45 minutes 01 seconds;

Professional Land
Surveyor AZ No. 19817

H Digitally signed
J m by Jim Crume
Date: 2021.08.02
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION CrUME 093726-0700
Agent: J. Crume Project No. TT0609 Chk: J. Crume Electronic Seal
Tech: B. Crume https://btr.az.gov/

Prepared by: Cooper Aerial Surveys Company

Page 7 of 12

thence on a non-tangent line North 41 degrees 01 minutes 45 seconds East, 5.00 feet to the POINT OF
BEGINNING.

Contains 225 square feet (0.0052 acres), more or less.

PARCEL 2

BEGINNING at the Northwest corner of Lot 83 of Tonto Hills, Book 93, page 5 M.C.R., said point
lying on a non-tangent curve, concave Southwest, from which the radius point bears South 56 degrees

14 minutes 48 seconds West a distance of 270.96 feet;

thence Southeasterly 0.86 feet along the North line of said Lot 83, along the arc of said curve through a
central angle of 0 degrees 10 minutes 57 seconds;

thence South 33 degrees 34 minutes 15 seconds East, 63.60 feet along said North line;
thence South 56 degrees 25 minutes 45 seconds West, 5.00 feet;

thence North 33 degrees 34 minutes 15 seconds West, 64.46 feet to a point that lies on the West line of
said Lot 83;

thence North 56 degrees 20 minutes 00 seconds East, 5.00 feet along said West line to the POINT OF
BEGINNING.

Contains 322 square feet (0.0074 acres), more or less.

The above described parcel contains 547 square feet or 0.0126 acres, more or less, and is depicted on
the attached Exhibit “B-2”.

Professional Land
Surveyor AZ No. 19817

J i m Digitally signed

Date: 20210802
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Crume os37:41-0700
Agent: J. Crume Project No. TTO609 Chk: J. Crume Electronic Seal
Tech: B. Crume https://btr.az.gov/
Prepared by: Cooper Aerial Surveys Company

Page 8 of 12

POC FOR
PARCEL 1

Exhibit "B-2"

APN:219-12-082

D24281-TCE__ ”

PARCEL 2 2

LOT 83 OF TONTO HILLS
BOOK 93 PAGE 05 M.C.R.

CAVNESS INVESTMENTS LLC
APN: 219-12-083 D24281—TCE

PARCEL 1

@

7

z
,
Be

®

POB FOR
PARCEL 1

Not to Scale

E YUCCA LN
LINE TABLE
LINE BEARING LENGTH
L1 | S33°3415"E | 63.60"
CURVE TABLE L2 | $56°25'45"W | 5.00"
CURVE | LENGTH | RADIUS | DELTA | TANGENT | CHORD | CHORD BRG L3. | N33°34'15"W | 64.46
C1 0.86’ | 270.96’ | 0°10'57” 0.43 | 0.86’ | $33°39"43"E L4 | N56'20'00"E | 5.00’
C2 88.70’ | 330.00’ | 15°24’01” 44.62’ | 88.43 | S4116'15"E LS | S33°34'15"E | 69.11
C3 44.64’ | 330.00’ | 7°45°01” 22.35' | 44.61’ | S52°50'46"E L6 | S3316'43"W | 5.00’
C4 45.32’ | 335.00’ | 7°45’01” 22.69 | 45,28’ | N52°50'46"W L7 | N41°01'45"E | 5.00"
Page 9 of 12
D24281-TCE PARCEL 1 Area: 225 square feet or 0.0052 acres Professional Land
D24281-TCE PARCEL 2 Area: 322 square feet or 0.0074 acres Surveyor AZ No.
Total TCE Area: 547 square feet or 0.0126 acres SHT 1 of 1 19817
. Digitally signed
MARICOPA COUNTY Jim by Sm Crume
ate:
2021.08.02
TONTO HILLS LVR Crume 22! "07°00"
Prepared by:

PROJECT No, TTO609 | Agent: J. Crume

COOPER AERIAL SURVEYS COMPANY

Electronic Seal

ITEM No, D24281-TCE | Tech: B. Crume Checked: J, Crume

Date: 08/02/2021

https: //btr.az.gov/

Exhibit “B-3”

Parcel No. 219-12-083
Project No. TT0609

TONTO HILLS LVR
Item No. D24281-TCE

Legal Description For Temporary Construction Easement

That portion of the Southeast quarter of Section 10, Township 6 North, Range 5 East of the Gila and
Salt River Meridian, Maricopa County, Arizona, described as follows:

COMMENCING at the Northwest corner of Lot 83 of Tonto Hills, Book 93, page 5 M.C.R., said point
being a non-tangent curve, concave Southwest, from which the radius point bears South 56 degrees 14
minutes 48 seconds West a distance of 270.96 feet;

thence Southeasterly 0.86 feet along the North line of said Lot 83, along the arc of said curve to the
right through a central angle of 0 degrees 10 minutes 57 seconds;

thence South 33 degrees 34 minutes 15 seconds East, 132.72 feet along said North line to the
beginning of a curve, concave Northeast, having a radius of 330.00 feet;

thence Southeasterly 177.28 feet along said North line, along the arc of said curve to the left through a
central angle of 30 degrees 46 minutes 51 seconds to the POINT OF BEGINNING, said point being a
point of compound curvature of a curve having a radius of 330.00 feet;

thence Southeasterly 12.90 feet along said North line, along the arc of said curve to the left through a
central angle of 2 degrees 14 minutes 23 seconds to the beginning of a non-tangent curve, concave
Southwest, from which the radius point bears South 23 degrees 34 minutes 04 seconds West a distance
of 18.96 feet;

thence Southeasterly 15.03 feet along said North line, along the arc of said curve to the right through a
central angle of 45 degrees 26 minutes 20 seconds;

thence on a non-tangent line North 62 degrees 50 minutes 40 seconds West, 30.40 feet;

thence North 68 degrees 18 minutes 43 seconds East, 5.59 feet to the POINT OF BEGINNING.

Professional Land
Surveyor AZ No. 19817

1 Digitally signed
Jim by Jim CRUME
Date: 2024.03.05
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION C RU M E 07:26:50 -07'00'
Agent: J. Crume Project No. TTO609 Chk: J. Crume Electronic Seal
Tech: B. Crume https://btr.az.gov/
Prepared by: Cooper Aerial Surveys Company

Page 10 of 12

The above described parcel contains 113 square feet or 0.0026 acres, more or less, and is depicted on
the attached Exhibit “B-4”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

Agent: J. Crume

Project No. TTO609

Chk: J. Crume

Tech: B. Crume

Prepared by: Cooper Aerial Surveys Company

Professional Land
Surveyor AZ No. 19817

Jim Digitally signed

by Jim CRUME
CRUME Date: 2024.03.05
07:27:05 -07'00'
Electronic Seal
https://btr.az.gov/

Page 11 of 12

Exhibit "B-4"

APN:219-12-082

“ Not to Scale

LOT 83 OF TONTO HILLS
BOOK 93 PAGE 05 M.C.R.

CAVNESS INVESTMENTS LLC

D24281-TCE

a

E YUCCA LN

CURVE TABLE LINE TABLE
CURVE | LENGTH | RADIUS | DELTA | TANGENT | CHORD | CHORD BRG |] LINE BEARING LENGTH

C1 0.86 | 270.96’ | 0°10’57” 0.43 0.86’ | $33°39°43"E Lt | S333415"E | 132.72’

C2 177.28 | 330.00’ | 30°46'51” 90.84 | 175.16’ | S48°57’40°E L2 | N62°50’40"W | 30.40’

C3 12.90’ | 330.00’ | 214’23” 6.45’ | 12.90’ | S65'28'17"E L3 | N6818'43"E | 5.59”

C4 15.03' | 18.96" | 45°26'20” 7.94 | 14.64 | $43°42'41"E

Page 12 of 12

Professional Land
Surveyor AZ No.

D24281-TCE Area: 113 square feet or 0.0026 acres SHT 1 of 1 19817
. Digitally signed
MARICOPA COUNTY Jim by im CRUME
TONTO HILLS LVR CRUME 20240305
Prepared by: .
PROJECT No. 170609 _|Agent: J. Crume COOPER AERIAL SURVEYS COMPANY Electronic Seal

https: //btr.az.gov/

ITEM No. D24281-TCE | Tech: B. Crume Checked: J. Crume Date: 03/04/2024