I. D23647.PDF

Maricopa County — Formal (2020-06-10)

View PDF Item 91 Meeting page

Extracted text (via pymupdf) 18295 characters
Escrow Fees 	
TBD 	
O Total Acquisition of Grantor's Property: Full release  of all 
Title Policy Fees 
TBD 
monetary liens and encumbrances, and leases of any kind. 
Maricopa County Department of Transportation 
Purchase Agreement and Escrow Instructions 
Title Company 
Security Title Agency 
Date 
May 1, 2020 
Address 
4722 N 24th Street, Ste. 200 
Phone 
602-230-6297 
City 
Phoenix, AZ 85016 
Fax 
Escrow Officer 
Jason Bryant 
Email 
jbryant@securitytide.com 
Escrow No. 
15180258-015 
Grantor: 
Donald D. Buerldey and Sandra L. Buerkley, husband and wife 
Phone: 
715-671-5749 
Contact 
Donald D. Buerkley 
Phone: 
715-671-5749 
Mailing Address: 
37316 North 20th Street 
Email 
ddbuerkley@yahoo.com  
City, State Zip 
Phoenix, Arizona 85086 
Fax: 
Grantee: Maricopa County, a political subdivision of the State of Arizona 
Mailing Address: I Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 
MARICOPA COUNTY shall pay directly to the Grantor, or deposit 
with the Title Company 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): 
Pay in full all due and delinquent real property taxes and 
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 
shall withhold the prorated amounts from each party and pay 
the lien of the current year's taxes in full. 
E] 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 
property taxes and general and special improvement  
assessments, including full payment of taxes and 
assessments on individual assessor parcels within 
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. 
O 
Easement(s): Consent to easement(s) by secured party(ies). 
O 
Other Disbursements: 
Recording Fees: 
Deed 
Easement 
Mortgage Release 
Release of Lease 
Total Recording Fees 	
TBD 
Other Charges: 
Release Fees 
S.R.V.W.U.A. 
Taxes - Prorated 
Total Other Charges 	
TBD 
Sub Total 
Title Report Credit 
Land* 
$15,777.00 
Possession date: 
Improvements* 
$13,426.00 
Close of escrow: 
Driveway Temprorary 
Construction Easement 
**POC 
$200.00 
Date of recording: 
Special Conditions Right of Way Contract 
Yes El No 0 
Exhibit "B" 
Total Closing Costs 
TBD 	
Entry Agreement 
Yes 0 No El 
Total Purchase Price 
$29,403.00 	
Addendum attached hereto and made a 
Yes 0 No El 
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 (POC) 
Project: 
Assessor Parcel No.: 
Right of Way Agent: 
20th Street (Cloud Road to Tamar Road) 
211-69-003-R  
Sandy Ojeda, R/W-RAC  
PCN:  110583 
 
Item No  D23647 
 
Telephone # (602) 506-5248 
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 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 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 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: Donald D. Buerkley and Sandra L. 
Buerkley, husband and wife 
RECOMMENDED FOR APPROVAL: 
ACCEPTED AND APPROVED: 
MARICOPA COUNTY DEPARTMENT 
MARICOPA COUNTY BOARD OF 
OF TRANSPORTATION 
SUPERVISORS 
Donald D. Buerkley 
Date ,5--- 87-- 2-€) 2_0 
G(GPM IN eD0WraDit. 
Real Property Manager 
Chairman of the Board  
Sandra L. Buerkley 
Date 	
g, ,9,e) ,9._e.) 
,.....4%. 
AI IEST: 
Date 
Approved as to form within the 
Secuirty Title Agency 
powers and authority of the Board of 
Supervisors 
Clerk of the Board of Supervisors 
Accepted 
Date 
SIB (ei) tw Coo0Teet1er 
ESCROW OFFICER 
Deputy County Attorney 	
Date 
Date 
RES/KGR Rev sed 2/3/2017 
Paao 2 of 3

DocuSign Envelope ID: 39CO3CB8-4726-4053-8AAA-ECAO5C1B654B 
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 MA_RICOPA 
COUNTY, title to said property to be transferred upon execution of the conveyance by the MA_RICOPA 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 IVIARICOPA 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. 
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 AIlS 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: Donald D. Buerkley and Sandra L. 
Buerkley, husband and wife 
RECOMMENDED FOR APPROVAL: 
ACCEPTED AND APPROVED: 
MARICOPA COUNTY DEPARTMENT 
MARICOPA COUNTY BOARD OF 
OF TRANSPORTATION 
SUPERVISORS 
Donald D. BuAirley 
,—uocubignen by: 
96.)0) 10 tOt )iMil*r 
 
Date ,r--er---- 24 2.0 
Kimv44,1 	
kOrsve,to 
‘—nrrit..-su-r2nrair 
r,r2:tamera
- 
Real Property Manager 
Chairman of the Board 
Sandra I,. Buerkley 
6/2/2020 
Date 	
g - g.,e),9-6) 
......4".... 
ATTEST: 
Date 
/I A . 
58 0 1 0 toutifel-PA 
Approved as to form within the 
Secuirty Title Agency 
Powers and authority of the Board of 
3-1139/egagned by: 
Clerk of the Board of Supervisors 
Accepted 
Date 
64.1 'qe-igtae.• 6/2/2020 
ESCROW OFFICER 
I—QRf177191151F1rFeRp 
Deputy County Attorney 	
Date 
Date 
RES/KGRRevised 2/3/2017 
Pale 2 of 3

EXHIBIT "B" 
RIGHT OF WAY AGREEMENT 
Parcel No.: 211-69-003-R 
Project No.: Tf0583 
Project Name: 20th Street 
Project Termini: (Cloud Road to Tamar Road) 
Item No.: D23647 (SO) 
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. 
To use the real property described herein for the general welfare and benefit of the public. 
B. 
To pay the Grantors the sum of Fifteen Thousand Seven Hundred Seventy-Seven and No/100 DOLLARS 
($15,777.00) as payment in full for the real property described herein. 
C. 
To pay the Grantors the sum of Thirteen Thousand Four Hundred Twenty-Six and No/100 DOLLARS 
($13,426.00) as payment in full for the improvements located on the property described herein and broken out as 
follows: 
Plants (as referenced on page 76 of the Appraisal) 	
=$ 
600.00 
Two (2) Tons of Landscaping Gravel 	
=$ 
160.00 
122 LF x 6'H Horse 3-Rail Fencing w/No Climb Wire Mesh Insert 	
=$ 4,880.00 
8'W x 5'H Small Swing Gate 	
=$ 
320.00 
2@ 14'W x 6'H Chainlink Swing Gates (Horse Quality) 	
=$ 
840.00 
12 LF x 6'H Horse 6-Rail Fence Panel 	
=$ 
576.00 
170 LF x 6'H Horse 3-Rail Fencing with Cattle Wire Insert 	
=$ 5,950.00 
Relocation of Custom Vehicle Gate 	
=$ 
100.00 
Site Improvements Total 	
=$13,426.00 
D. 
To pay the Grantors the sum of Two Hundred and No/100 DOLLARS ($200.00) as payment in full for the 
Temporary Driveway Construction Easement on the property described herein. (paid outside of closing) 
E. 
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. 
F. 
That no costs relating to construction of roadway improvements on Project No. Tr0583 will be charged to the 
Grantor. 
THE GRANTORS AGREE: 
1. 
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. 
2. 
To accept the sum of Fifteen Thousand Seven Hundred Seventy-Seven and No/100 DOLLARS ($15,777.00) as 
payment in full for the real property described herein. 
3. 
To accept the sum of Thirteen Thousand Four Hundred Twenty-Six and No/100 DOLLARS ($13,426.00) as 
payment in full for the improvements located on the property described herein and broken out as follows: 
Plants (as referenced on page 76 of the Appraisal) 	
=$ 
600.00 
Two (2) Tons of Landscaping Gravel 	
=$ 
160.00 
122 LF x 6'H Horse 3-Rail Fencing w/No Climb Wire Mesh Insert 	
=$ 4,880.00 
8'W x 5'H Small Swing Gate 	
=$ 
320.00 
2@ 14'W x 6'H Chainlink Swing Gates (Horse Quality) 	
=$ 
840.00 
12 LF x 6'H Horse 6-Rail Fence Panel 	
=$ 
576.00 
170 LF x 6'H Horse 3-Rail Fencing with Cattle Wire Insert 	
=$ 5,950.00 
Relocation of Custom Vehicle Gate 	
=$ 
100.00 
Site Improvements Total 	
=$13,426.00 
4. 
To accept the sum of Two Hundred and No/100 DOLLARS ($200.00) as payment in full for the Temporary 
Construction Easement on the property described herein. (paid outside of closing) 
5. 
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

Parcel No. 211-69-003R 
Project No. TT0583 
20TH STREET 
(CLOUD ROAD TO TAMAR RD) 
Item No. D23647 
EXHIBIT "A" 
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY 
A parcel of land in the Northwest 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 North Quarter corner of said Section 34, being a brass cap in a handhole, from 
which the Northwest corner of said Section 34, a brass cap flush, bears North 89°58'07" West, for a 
distance of 2648.58 feet, and from which the Center of said Section 34, a 3/4" forming pin, bears South 
00°03'44" West, for a distance of 2643.87 feet; 
thence along the midsection line of said Section 34 South 00 00344" West, for a distance of 1321.94 
feet to the Point of Beginning; 
thence continuing along said midsection line South 00 003'44" West, for a distance of 330.48 feet; 
thence departing said midsection line North 89°54'46" 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°03'44" East, for a distance of 330.48 feet; 
thence departing said parallel line South 89°55'26" East, for a distance of 20.00 feet to the Point of 
Beginning. 
The above described parcel contains 6,610 square feet or 0.1517 acres, more or less. 
MARICOPA COUNTY 
Prelim: 09/01/2019 	
Chk: JA 	
Appr: t_ 
i;  
Rev: 
Maricopa County Real Estate Department 
,5 kg DATE 	
Z<D  
EXHIBIT "A" 
Page 1 of 1 
GRANTO

N89°58'07"W 
2648.58' 
211-69-104A 
NO. 
BEARING 
LENGTH 
Li 
S 00°03'44" W 
1321.94' 
L2 
S 00°03'44" W 
330.48' 
L3 
N 89°54'46" W 
20.00' 
L4 
N 00°03'44" E 
330.48' 
L5 
S 89°55'26" E 
20.00' 
-POB 
co 
N-
(0 
C 
_J 
SOO°03`44"W 
DONALD D BUERKLEY / 
SANDRA L BUERKLEY 
211-69-003R 
N 20TH ST 
211-69-003K 	
L3 
MID SEC LN 
5 
Total Req'd. R/W Area: 6,610 square foot  or 0.1517 acres 
MARICOPA COUNTY REAL ESTATE DEPARTMENT 
TT0583 20th Street - Cloud Road to Tamar Rd 
PROJECT No. TT0583 ITEM No. D23647 DATE 09/01/2019 MAR1COPA COUNTY 	
R/W AGENT W.J. 
N.T.S.

PROJECT No. TT0583 
ITEM No. D23647 
DATE 09/01/2019 
MARICOPA COUNTY 
R/W AGENT W.J. 
Total Req'd. P///Area: 1,841 square foot or 0.0455 acres 
N.T.S. 
MARICOPA COUNTY REAL ESTATE DEPARTMENT 
TT0583 20th Street - Cloud Road to Tamar Rd

DONALD D BUERKLEY / 
SANDRA L BUERKLEY 
211-69-003R 
MID SEC LN 
N89°58'07"W 
2648.58' 
211-69-104A 
N.T.S. 
Total Req'd. RAN Area: 1,841 square foot or 0.0455 acres 
MARICOPA COUNTY REAL ESTATE DEPARTMENT 
TT0583 20th Street - Cloud Road to Tamar Rd 
PROJECT No. TT0583 ITEM No. D23647 DATE 09/01/2019 MARICOPA COUNTY 	
R/W AGENT W.J.