Extracted text (via pymupdf)
19772 characters
Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Fidelity National Title Agency, Inc Date October 25, 2019 Address 3410 E. University Dr #200 Phone 480-214-4548 City Phoenix, Arizona 85034 Fax 480-214-1752 Escrow Officer Christine Hughes Email Christine.hughes@fnEcom Escrow No. 71005050 Grantor: Allen T. Belsher AKA Allen Troop Belsher and Laurie W. Belsher, husband and wife, as joint tenants with right of survivorship Phone: 480-695-3810 Contact Allen T. and Laurie W. Belsher Phone: Mailing Address: 12751 E. Cloud Dr Email lbelsher@q.com City, State Zip Chandler, Arizona 85249 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): I Escrow Fees TBD • Total Acquisition of Grantor's Property: Full release of all Title 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 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 Z 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 Maricopa County, pay due and delinquent Total Recording Fees 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) S.R.V.W.U.A. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. I • Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges I Other Disbursements: j Improvements, TCE, Replacement/ Sub Total Modification of Improvements Title Report Credit Land and Underlying Fee* $12,800.00 Possession date: Improvements* $3,800.00 Close of escrow: Easements* Date of recording: Temporary Construction Easement** $2,400.00 Replacement/Modification of Improvements $200.00 Special Conditions Right of Way Contract Yes Z No 0 Administrative Settlement* $8,188.00 Exhibit "B" Total Closing Costs TBD Entry Agreement Yes • No IX] Total Purchase Price S27,388.00 Addendum attached hereto and made a Yes 0 No 0 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: Cooper Road (Alamosa Dr-Riggs Road) PCN: 1 10616 Assessor Parcel No.: 303-54-056 Item No D23834 Right of Way Agent: Tangella Diaz Telephone # 602-506-4883 CfP 1 •f 4 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 Of 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. I 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. 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 30 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 improvements 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 COTJNTY'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: Allen T. Belsher AKA Allen Troop Belsher and Laurie W. Belsher, husband and wife, as joint tenants with right of survivorship RECOMMENDED FOR APPROVAL: • ACCEPTED AND APPROVED: 1/A7:gg- MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Allen T. Belsher AKA Allen Troop Belsher Date / . i . , _ l io . _ 4 . • Real Property M ager Chairman of the Board , L rie W. Belsher DATE / /40 A A1.1.EST: Date Fidelity National Title Agency, Inc Approved as to form within the powers and authority of the Board of Supervisors Clerk of the Board of Supervisors Accepted Date V tkt i jaD ESCROW OFFICER 1.14 .14> Deputy County Attorney Date Date RES/KGR Rev sed 2/3/2017 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 303-54-056 Project No.: Tr0616 Project Name: Cooper Road Project Termini: Alamosa Dr-Riggs Road Item No.: D23834 (ID) 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 TWELVE THOUSAND EIGHT HUNDRED and No/100 Dollars ($12,800.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of THREE THOUSAND EIGHT HUNDRED and No/100 Dollars ($3,800.00) as payment in full for the improvements located on the property described herein and broken out as follows: SEE ATTACHED LIST =$3,800.00 Site Improvements Total =$3,800.00 D. To pay the Grantors the sum of TWO HUNDRED and No/100 Dollars ($200.00) as payment in full for reestablishment of depreciated improvements located on the property described herein. E. To pay the Grantors the sum of TWO THOUSAND FOUR HUNDRED and No/100 Dollars ($2,400.00) as payment in full for the Temporary Construction Easement on the property described herein. F. To pay the Grantors the sum of EIGHT THOUSAND ONE HUNDRED EIGHTY EIGHT and No/100 Dollars ($8,188.00) as payment in full for the negotiated Administrative Settlement G. 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. H. That no costs relating to construction of roadway improvements on Project No. 'f10616 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 TWELVE THOUSAND EIGHT HUNDRED and No/100 Dollars ($12,800.00)) as payment in full for the property described herein. 3. To accept the sum of THREE THOUSAND EIGHT HUNDRED and No/100 Dollars ($3,800.00) as payment in full for the improvements located on the property described herein and broken out as follows: SEE ATTACHED LIST =$3,800.00 Site Improvements Total =$3,800.00 4. To accept the sum of TWO HUNDRED and No/100 Dollars ($200.00) as payment in full for reestablishment of depreciated improvements located on the property described herein. 5. To accept the sum of TWO THOUSAND FOUR HUNDRED and No/100 Dollars ($2,400.00) as payment in full for the Temporary Construction Easement on the property described herein. 6. To accept the sum of EIGHT THOUSAND ONE HUNDRED EIGHTY EIGHT and No/100 Dollars ($8,188.00) as payment in full for the negotiated Administrative Settlement 7. 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 "G" above. APN 303-54-056_TCE 0. Etite i ius 3033 North 44th Sued, Suite 250 Phoenix, Arizona 85018 Tel 602.244.2560 Fax 602.244.8947 Web www.entellus.com EXHIBIT "A" LEGAL DESCRIPTION FOR APN 303-54-056 COOPER ROAD IMPROVEMENTS TEMPORARY CONSTRUCTION EASEMENT That portion of the parcel of land described in Maricopa County Recorder Document # 1994- 0658058 and located in the Southeast Quarter of Section 26, Township 2 South, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and more particularly described as follows: COMMENCING at the brass cap found flush at the East Quarter Corner of said Section 26, from which the Southeast Corner of said Section 26 bears South 00 degrees 11 minutes 46 seconds East a distance of 2,646.22 feet, said line being the East line of said Southeast Quarter, and said line being the basis of bearings for this description; Thence along the North line of said Southeast Quarter, South 88 degrees 50 minutes 45 seconds West a distance of 67.51 feet to the POINT OF BEGINNING; Thence South 01 degree 09 minutes 15 seconds East a distance of 30.00 feet to a point on the south line of an existing ingress/egress and public utility easement as described in Maricopa County Recorder Docket 9874, Page 257, Docket 9944, Page 950, and Docket 11345, Page 577; Thence South 45 degrees 40 minutes 30 seconds East a distance of 35.06 feet to a point on a line parallel with and 42.00 feet distant from said East line of the Southeast Quarter; Thence along said parallel line, South 00 degrees 11 minutes 46 seconds East a distance of 214.58 feet to a point on the south deed line of said parcel of land; Thence along said south deed line, South 88 degrees 50 minutes 45 seconds West a distance of 20.00 feet to a point on a line parallel with and 62.00 feet distant from said East line of the Southeast Quarter; Thence along last-mentioned parallel line, North 00 degrees 11 minutes 46 seconds West a distance of 218.34 feet; Thence North 45 degrees 11 minutes 46 seconds West a distance of 29.54 feet to a point on said south line of an existing ingress/egress and public utility easement; Thence along said south easement line, South 88 degrees 50 minutes 45 seconds West a distance of 12.26 feet to a point; Thence North 01 degree 09 minutes 15 seconds West a distance of 30.00 feet to a point on said North line of the Southeast Quarter; 7/17/2018 PAGE 1 OF 3 615.090 P:\600\615090 Cooper Road\D_PRODUCTION\SurveylS05_Legal Descriptions\303-54-056\APN_303-54-056 TCE.docx APN 303-54-056 TCE Entellus 3033 North 44th Street, Suite 250 Phoenix, Arizona 85018 Tel 602.244 2566 Fax 602.244.8947 Web wurezentellus corn Thence along said North line, North 88 degrees 50 minutes 45 seconds East a distance of 28.16 feet to the POINT OF BEGINNING. Containing an area of 5,546 SQUARE FEET or 0.127 ACRES, more or less. See attached Exhibit "B" Note: The legal description above is based on recorded documents such as the subject parcel's deed, adjacent parcel deeds and/or plats. It is not based on a boundary survey of the subject parcel. 7/17/2018 PAGE 2 OF 3 615.090 P:\600\615090 Cooper Road\D_PRODUCTION\Survey\S05_Legal Descriptions\303-54-056\APN_303-54-056_TCE.docx FOUND BCFL E 1/4 COR. SEC 26 P.O.B CLOUD ROAD Li o L1 0 cc cc 0 S 011 '46 " E TOE 5,546 SF 0.127 AC L5 33' R.O.W (EXIST) 42' R.O.W. (PROP) RIGGS ROAD FOUND BCHH SE COR. SEC 26 LEGEND EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT 303-54-056 CITY OF CHANDLER LINE TABLE LINE BEARING DISTANCE L1 S88' 50' 45"W 67.51' L2 Si' 09' 15"E 30.00' L3 545' 40' 30"E 35.06' L4 SO' 11' 46"E 214.58' L5 S88* 50' 45"W 20.00' L6 NO' 11' 46"W 218.34' L7 N45° 11' 46"W 29.54' L8 588* 50' 45"W 12.26' L9 Ni' 09' 15"'W 30.00' L10 N88° 50' 45"E 28.16' EXISTING COOPER RD. R.O.W. DOCS MCR BK 1 ROAD MAPS, P.59 MCR BK 1 ROAD MAPS, P.60 MCR BK 2 ROAD MAPS, P.15 I CITY OF CHANDLER ST1503.201 SECTION 26, T2S, R5E SCALE: N.T.S. TEMPORARY CONSTRUCTION EASEMENT BASIS OF BEARING Entellusl 3033 N. 44th Street Suite 250 Phoenix. AZ 85018.7228 Tel 602.244.2566 Fax 602.244.8947 I Website: www.Entellus.com TEMPORARY CONSTRUCTION EASEMENT THE EAST LINE OF THE SE QUARTER OF SECTION 26 BEARING S0'11 '46"E DATE: 7/17/18 !REVD: DRAWN BY: CKICHK'D: DGFIPG: 3 OF 3 FILE: 303-54-056_TCE.DWG 3033 North 44th Street, Suite 250 Phoenix, Arizona 85018 lel 602.244 2566 fax 602.244.8947 Web www.entellus corn APN 303-54-056_ROW EXHIBIT "A" LEGAL DESCRIPTION FOR APN 303-54-056 COOPER ROAD IMPROVEMENTS RIGHT-OF-WAY That portion of the parcel of land described in Maricopa County Recorder Document # 1994- 0658058 and located in the Southeast Quarter of Section 26, Township 2 South, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and more particularly described as follows: BEGINNING at the brass cap found flush found at the East Quarter Corner of said Section 26, from which the brass cap in hand hole found at the Southeast Corner of said Section 26 bears South 00 degrees 11 minutes 46 seconds East a distance of 2,646.22 feet, said line being the East line of said Southeast Quarter, and said line being the basis of bearings for this description; Thence along said East line, South 00 degrees 11 minutes 46 seconds East a distance of 269.58 feet to the southeast corner of said parcel of land; Thence along the south deed line of said parcel, South 88 degrees 50 minutes 45 seconds West a distance of 42.01 feet to a point on a line parallel with and 42.00 feet distant from said East line of the Southeast Quarter; Thence along said parallel line, North 00 degrees 11 minutes 46 seconds West a distance of 214.58 feet to a point; Thence North 45 degrees 40 minutes 30 seconds West a distance of 35.06 feet to a point on the south line of an existing ingress/egress and public utility easement as defined in Maricopa County Recorder Docket 9874, Page 257, Docket 9944, Page 950, and Docket 11345, Page 577; Thence North 01 degree 09 minutes 15 seconds West a distance of 30.00 feet to a point on said North line of the Southeast Quarter, said North line also being the north deed line of said parcel; Thence along said North line, North 88 degrees 50 minutes 45 seconds East a distance of 67.51 feet to the POINT OF BEGINNING. Containing an area of 12,392 SQUARE FEET or 0.285 ACRES, more or less. See attached Exhibit "B" Note: The legal description above is based on recorded documents such as the subject parcel's deed, adjacent parcel deeds and/or plats. It is not based on a boundary survey of the subject parcel. 7/17/2018 PAGE 1 OF 2 615.090 P:\600\615090 Cooper Road \D_PRODUCTION\Survey\S05_Legal Descriptions\303-54-056\APN_303-54- 056_ROW.docx NEW TOTAL ROW 12,392 SF 0.285 AC APN 303-54-056 MCR# 1994-0658058 b Li) N LO Cl: 4.6 Nt NJ" HF- a) to 00 ct C_) 0 cc 33' R.O.W (EXIST) 42' R.O.W. (PROP) FOUND BCFL E 1/4 COR. SEC 26 EXHIBIT "B" RIGHT-OF-WAY 303-54-056 CITY OF CHANDLER EXISTING 33' ROW 8,896 SF 0.204 AC LINE TABLE LINE BEARING DISTANCE L1 SO' 11' 46"E 269.58' L2 S88' 50' 45"W 42.01' L3 NO' 11' 46"W 214.58' L4 N45° 40' 30"W 35.06' L5 Ni' 09' 15"W 30.00' L6 N88' 50' 45"E 67.51' EXISTING COOPER RD. R.O.W. DOCS MCR BK 1 ROAD MAPS, P.59 MCR BK 1 ROAD MAPS, P.60 MCR BK 2 ROAD MAPS, P.15 DANIEL G. \ FRANCETIC tin signed: 4), 5 P. SCALE: N.T.S. Expires 05/30/2020 I CITY OF CHANDLER LEGEND RIGHT-OF-WAY BASIS OF BEARING ST1503.201 Entellusl 3033 N. 44th Street Suite 250 Phoenix. AZ 85018.7228 Tel 602.244.2566 Fax 602.244.8947 Website: www.Entellus.com SECTION 26, T2S, R5E RIGHT-OF-WAY DATE: 7/17/18 'REVD: THE EAST LINE OF THE SE QUARTER OF SECTION 26 BEARING SO 11 '46"E DRAWN BY: CKICHK 1 D: DGF PG: 2 OF 2 FILE: 303-54-056_R0W.DWG