Extracted text (via pymupdf)
16831 characters
Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Tide Company Security Tide Agency Date April 24, 2020 Address 4722 N 24" Street, Ste. 200 Phone 602-230-6297 City Phoenix, AZ 85016 Fax Escrow Officer Jason Bryant Email jbryant@securitytitle.com Escrow No. 15180248-015 Grantor: Linda R. Brack, an unmarried woman and John J. Gerner II, an unmarried man as joint tenants with right of survivorship Phone: 602-616-3311 Contact Phone: Mailing Address: 1942 E Joy Ranch Road Email Johntcb2@gmail 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 with the Tide 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): Escrow Fees TBD 12 Total Acquisition of Grantor's Property: Full release of all Tide Policy Fees TBD 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. Prorate the Total Escrow & Title Fees TBD current year's real property taxes on closings that occur on o 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. El 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 Recording Fees: Deed Easement Mortgage Release Release of Lease Total Recording Fees TBD 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. 0 Easement(s): Consent to easement(s) by secured party(ies). El Other Disbursements: Other Charges: Release Fees S.R.V.W.U.A. Taxes - Prorated Total Other Charges TBD Sub Total Title Report Credit Land* Temporary Driveway Construction Easements*** $10,306.00 $300.00 Possession date: Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes Z No Exhibit "B" Total Closing Costs TBD Entry Agreement Yes 0 No EZI Total Purchase Price $10,606.00 Addendum attached hereto and made a Yes 0 No Z 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. ***To be paid outside of escrow. Project: Assessor Parcel No.: Right of Way Agent: 20" Street (Cloud Road to Tamar Road) 211-20-147 Wayne Jones PCN: F10583 Item No D23640 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. 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: Linda R. Brack, an unmarried woman and John J. Gerner, an unmarried man, as joint tenants with right of survivorship RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Clilt7 g 6:1)4 -5' (4,./ geyeo MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Linda R. Brack Date . , war „.. rat 1 John J. G• erner_ Real Property Manager Chairman of the Board Date 5-7&/e 6 Al LEST: Date Approved as to form within the Security Title Agency powers and authority of the Board of Supervisors Clerk of the Board of Supervisors Accepted Date coaraPtikr ESCROW OFFICER 5r-Aa to Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 DocuSign Envelope ID: 26CD7EC7-DED8-4569-AD1 1-Eli B6C9AC5E7 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 /vIARICOPA 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 fumished 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 tide insurance. Upon such waiver, the references to Title Company, Escrow Agent and tide 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 IvIARICOPA 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: Linda R. Brack, an unmarried woman and John J. Gerner, an unmarried man, as joint tenants with right of survivorship RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: (-1 iikin, g aywejo , f s /(f/ zi-7-ep MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Linda R. Brack ,--DocuSigned by: Date ......% I • 3(-1414,44.17, .oti,,,e4.,o . 811104V e. IiiI ' ..dit.t.ut ...:11 RearatMager Chairman of the Board iiiWilmP John J. Geirrer 5/12/2020 Date "---70e G ATTEST: Date Approved as to form within the Security Title Agency powers and authority of the Board of Supervisors Clerk of the Board of Supervisors Accepted Date DocuSigned by: 6, ,,,i ip--&-..4- 5/12/2020 ESCROW OFFICER ‘-, gSA7 2 9F-4-CM— Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 Initials EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 211-20-147 Project No.: 'IT0583 Project Name: 20th Street Project Termini: (Cloud Road to Tamar Road) Item No.: D23640 (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: 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 Ten Thousand Three Hundred Six and No/100 Dollars ($10,306.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Three Hundred and No/100 Dollars ($300.00) as payment in full for the three Driveway Temporary Construction Easements on the property described herein. D. 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. E. That no costs relating to construction of roadway improvements on Project No. '1'1'0583 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 Ten Thousand Three Hundred Six and No/100 Dollars ($10,306.00) as payment in full for the property described herein. 3. To accept the sum of Three Hundred and No/100 Dollars ($300.00) as payment in full for the three Driveway Temporary Construction Easements on the property described herein. 4. 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 "D" above. Page 3 of 3 Prelim: 09/01/2019 Chk: JA APPr:LV Rev: Maricopa County Real Estate Departme Parcel No. 211-20-147 Project No. TT0583 20TH STREET (CLOUD ROAD TO TAMAR RD) Item No. D23640 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land in the Southwest Quarter of Section Twenty Seven, 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 27, being a brass cap in a handhole, from which the Southwest corner of said Section 27, 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 27, a 1" iron pipe, bears North 00007132" East, for a distance of 2638.52 feet; thence along the midsection line of said Section 27 North 00 007132" East, for a distance of 40.00 feet to the Point of Beginning; thence departing said midsection line North 89 057149" West, for a distance of 15.00 feet to a point on a line parallel with and 15.00 feet westerly of said midsection line; thence along said parallel line North 00 007132" East, for a distance of 287.80 feet; thence departing said parallel line South 89 05526" East, for a distance of 15.00 feet to a point on said midsection line; thence along said midsection line South 00 007132" West, for a distance of 287.79 feet to the Point of Beginning. The above described parcel contains 4,317 square feet or 0.0991 acres, more or less. MARICOPA COUNTY LINDA R BRACK / JOHN J GERNER11 211-20-147 MID SEC LN NO, BEARING LENGTH L1 N 00°07'32" E 40.00' L2 N 89°57'49" W 15.00' L3 N 00 00732" E 287.80' L4 S 89 055126" E 15.00' L5 S 00°07'32" W 287.79' N I N.T.S. NOO °07'32"E 2638. 52' E JOY RANCH RD Total Reqrd. R/W Area: 4,317 square foot or 0.0991 acres MAR1COPA COUNTY REAL ESTATE DEPARTMENT TT0583 20th Street - Cloud Road to Tamar Rd PROJECT No. TT0583 ITEM No. D23640 DATE 09/01/2019 MARICOPA COUNTY R/W AGENT W.J. 211-20-056Y MID SEC LN I N.T.S. N 20TH ST 211-20-146 . DWTCE STA 64+50.50 DVVTCE STA 63+38.00 LINDA R BRACK / JOHN GERNER II 211-20- 1 47 20'X32' 640.00' NOO°07'32 "E 2638. 52 ' Total Req'd. R/W Area: 2,680 square foot or 0.0615 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0583 20th Street - Cloud Road to Tamar Rd PROJECT No. TT0583 ITEM No. D23640 DATE 09/01/2019 MARICOPA COUNTY RNV AGENT W.J. Total Req'd. R/W Area: 2,680 square foot or 0.0615 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0583 20th Street - Cloud Road to Tamar Rd PROJECT No. TT0583 ITEM No. D23640 DATE 09/01/2019 MARICOPA COUNTY RAN AGENT W.J.