Extracted text (via ocr_local)
13843 characters
Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date April 30, 2020 Address 4722 N 24t Street, Ste. 200 Phone 602-230-6297 City Phoenix, AZ 85016 Fax Escrow Officer Jason Bryant Email jbryant@securitytitle.com Escrow No. 15180266-015 Joseph Westerfield and Elizabeth Westerfield, husband and wife, as community Grantor: property with right of survivorship Phone: Contact Joseph and Elizabeth Westerfield Phone: _| 720-301-1203 Mailing Address: | 36706 N 20% Street Email jlwesterfield@msn.com City, State Zip Phoenix, AZ 85086 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 deposit Charges and Disbursements to be paid from Grantor's funds as follows with the Title Company if escrowed, the purchase price plus all lawful (check all that apply): costs incidental to closing as follows: I 1 Escrow Fees TBD [1 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 Fee TBD Pay in full all due and delinquent real property taxes and Title Report Credit TBD 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. KX] 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 Taxes - Prorated 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. [J Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges TBD LJ Other Disbursements: | Sub Total Land* $17,399.50 Possession date: Cost to Cure (fencing)* $28,690.00 Close of escrow: Temporary Driveway (POC) Construction Easement *** $100.00 Date of recording: Special Conditions Right of Way Contract Yes X | No(L] Total Compensation $46,189.50 Exhibit "B" Total Closing Costs TBD Entry Agreement Yes L] | No Total Purchase Price $46,089.50 Addendum attached hereto and made a Yes [] | 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. #***Paid outside of Closing Project: 20t Street (Cloud Road to Tamar Road) PCN: _TT0583 Assessor Parcel No.: 211-69-005L. Item No _D23653 Right of Way Agent: Wayne Jones Telephone # _ (602) 506-4747 Page 1 of 3 The GRANTOR, 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 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 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. Itis 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. If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate such improvements not later than 120 days from the date of payment. Grantor assumes all liability connected with said removal. It is further agreed that upon expiration of the time provided for removal, all improverrents remaining partially or wholly upon the lands conveyed shall become the property of MARICOPA COUNTY 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 MARICOPA COUNTY or its agents to enter upon the Grantor's remaining lands where necessary to accomplish the purpose of this agreement. 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. 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: Joseph Westerfield and Elizabeth Westerfield, husband and wife, as community RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: property with right of survivorship a y MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF ALB —. OF TRANSPORTATION SUPERVISORS Jé*ph W&terfield Dates YA DS BAO JZ * [ree aN Real Property Manager Chairman of the Board Elizabeth Westerfield Date: $/7/ 29 ATTEST: : Date Approved as to form within the powers and authority of the Board of . Clerk of the Board of Supervisors Supervisors Security Title Agency Accepted Date ESCROW OFFICER Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 211-69-005L Project No.: TT0583 Project Name: 20% Street Project Termini: (Cloud Road to Tamar Road) Item No.: D2353 (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: wD To use the real property described herein for the general welfare and benefit of the public. To pay the Grantors the sum of Seventeen Thousand Three Hundted Ninety-Nine and 50/100 Dollars ($17,399.50) as payment in full for the real property described herein. To pay the Grantors the sum of Twenty-Eight Thousand Six Hundred Ninety and No/100 Dollats ($28,690.00) as payment in full “Cost-to-Cure” items located on the property described herein and broken out as follows: 604 linear feet of 5 foot high horse corrals with 3 horizontal rails welded to vertical posts. Posts will be embedded with concrete. Cost-to-Cure Total =$28,690.00 To pay the Grantors the sum of One Hundred and No/100 Dollars ($100.00) as payment in full for the Temporary Driveway Construction Easement on the property described herein. That, if in the opinion of the Transportation Director it becomes necessaty, private structures will be relocated in kind to the Grantot’s property, clear of the property described herein, at no expense to the Grantor except as may be herein otherwise agreed. That no costs relating to construction of roadway improvements on Project No. TT0583 will be chatged to the Grantor. THE GRANTORS AGREE: 1. 2. 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 Seventeen Thousand Three Hundred Ninety-Nine and 50/100 Dollars ($17,399.50) as payment in full for the property described herein. To accept the sum of T'wenty-Eight Thousand Six Hundred Ninety and No/100 Dollars ($28,690.00) as payment in full for “Cost-to-Cure” items located on the property described herein and broken out as follows: 604 linear feet of 5 foot high horse corrals with 3 horizontal rails welded to vertical posts. Posts will be embedded with concrete. Cost-to-Cure Total =$28,690.00 To accept the sum of One Hundred and No/100 Dollats ($100.00) as payment in full for the Temporary Driveway 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. nitials Initials Page 3 of 3 Parcel No. 211-69-005L Project No. TT0583 20T! STREET ~(CLOUD ROAD TO TAMAR RD) Item No. D23653 EXHIBIT “A” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land in the Southwest Quarter of Section-Thirty-Four, Township Six North, Range Three East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the South Quarter corner of said Section 34, being a brass cap in a handhole, from which the Southwest comer of said Section 34, a brass cap in a handhole, bears North 89°53'44" West, for a distance of 2644.13 feet, and from which the Center of said Section 34, a 3/4” forming pin, bears North 00°03'40" East, for a distance of 2605.93 feet; thence along the midsection line of said Section 34 North 00°03'40" East, for a distance of 1617.13 feet to the Point of Beginning; thence departing said midsection line North 89°53'30" West, for a distance of 20.00 feet to a point on a line parallel with and 20.00 feet westerly of said midsection line; thence along said parallel line North 00°03'40" East, for a distance of 329.61 feet; thence departing said parallel line South 89°53'16" East, for a distance of 20.00 feet to a point on said midsection line; thence along said midsection line South 00°03'40" West, for a distance of 329.61 feet to the Point of Beginning. The above described parcel contains 6,592 square feet or 0.1513 acres, more or less, MARICOPA COUNTY Prelim: 09/01/2019 Chk: JA | Appr: ff 72-27-20 Rev: - Maricopa County Real Estate Department GRANTORJ#/_€ _DATE_g}7/22 EXHIBIT “A” Page 1 of 1 E CLOUD RD Total Req‘d. R/W Area: 6,592 square foot or 0.1513 acres WW j R3E 211-69-103E | 211-69-103D ZO Pa ~~ \L4 n N.T.S. Q S JOSEPH WESTERFIELD / | & ELIZABETH WESTERFIELD is NO. |BEARING LENGTH 211-89-005L. ale 8h C1 |N00°O340"E | 4617.15 ") wx L2 |N89°53'30"W) 20.00" 36 L3|N00°0340"E | 329.67" 8 Ss L4__|§ 89°5316"E |___20.00' 8 L5__|s.00°03'40"W| 329.61" L2 POB 211-69-005J am ex ZA, R3E \ N89°53'44"W 2644.13" SEC IN MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0583 20th Street - Cloud Road to Tamar Rd PROJECT No. TT0583 ITEM No. D23653 DATE 09/01/2019 MARICOPA COUNTY R/W AGENT W.J. 211-69-103E jew Za JOSEPH WESTERFIELD / ELIZABETH WESTERFIELD 211-69-005L 15°X28.75' 431.25' _ DWTCE STA 26+27.00 = 211-69-005J N89°53'44"W. MID SEC LN \ N00°03'40"E 2605.93' N 20TH ST TEN ey, Ny, R3E 2644.13’ E CLOUD RD SEC LN Total Req'd. R/W Area: 431.75 square foot or 0.0099 acres N.T.S. MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0583 20th Street - Cloud Road to Tamar Rd PROJECT No. TT0583 ITEM No. D23653 DATE 09/01/2019 MARICOPA COUNTY RW AGENT W.J. N.T.S. | Total Req'd. R/W Area: 431.75 square foot or 0.0099 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0583 20th Street - Cloud Road to Tamar Rd PROJECT No. TT0583 | ITEM No. D23653 | DATE 09/01/2019 | MARICOPA COUNTY | RIW AGENT W.J.