A. D23675 - CANCELLATION OF ESCROW AND AGREEMENT.PDF

Maricopa County

Real Estate Department

Memo

To: Maricopa County Board of Supervisors

From: Michelle Moy, Right of Way Agent
Maricopa County Real Estate Department

Date: November 3, 2021

Re: Cancellation of Escrow and Agreement
TT0583 20" Street (Cloud Road to Tamar Road)
D23675, Parcel: 211-69-006A
Carl D. Schottel

On July 31, 2020 Carl D. Schottel accepted Maricopa County’s offer to
purchase the underlying fee within the existing 50-foot patent easement
area. The Purchase Agreement was fully executed, and escrow was opened
with Security Title Agency, Inc. Due to the owner’s lenders unreasonable
requirements for the needed partial release the owners are in support of the
decision to cancel the agreement and escrow. Mr. Schottel are supportive of
the project and understand the project will continue to move forward as
Maricopa County has the rights needed via the existing 50-foot patent
easement and that their participation was voluntary.

Attached is a copy of the fully executed purchase agreement for reference
and the Mutual Cancellation Agreement that will be signed in counterpart by
Mr. Schottel for the Board of Supervisors approval and signature.

iil
ee Real Property Manager

4722 N. 24th St. Ste. 200
E RITY Phoenix, AZ 85016
Phone: (602) 230-6271

T
I1TLE AGENCY Fax: (602) 926-0452

MUTUAL CANCELLATION INSTRUCTIONS
October 12, 2021
Escrow Number: 15180290-015-JB6

Property Address: 37708 N. 20th St, Phoenix, AZ 85086

211-69-006A

A Portion of Section 34, Township 6N, Range 3E / APN: 211-69-006A
Seller: Carl D. Schottel, A Married Man as his Sole and Separate Property
Buyer: Maricopa County, a political subdivision of the State of Arizona

IT IS MUTUALLY AGREED BY AND BETWEEN THE UNDERSIGNED to cancel the above referenced escrow. By the
signing of these mutual instructions, the undersigned relieve each other and Security Title Agency, Inc. from any obligations
and liability created under the original Escrow Instructions and/or purchase contract.

The undersigned acknowledge that their respective real estate agents have been advised of the cancellation.

BUYER: SELLER:
Maricopa County, a political subdivision of the State
of Arizona
SIGNED IN COUNTERPART
By: Carl D. Schottel
Its:

E1000038 rev. 10/14/13

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions

‘Title Company Security Title Agency Date July 7, 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. 15180289-015

Grantor: Carl D. Schottel, a married man as his sole and separate property Phone:

Contact Carl D Schottel Phone: 602-568-4343

Mailing Address: | 37708 N 20 Street Email jschottel@ccusd93.net

City, State Zip Phoenix, Arizona 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
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.

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
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 DJ 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 TBD 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 Sine date.
I
LJ Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD
[] Other Disbursements: |
Sub Total
Title Report Credit
Land* . $1,980.00 Possession date:

2-Temporary Driveway
Construction Easements at
$100.00 each ***

(POC) $ 200.00 Close of escrow:

Date of recording:

Special Conditions Right of Way Contract Yes XJ | Nol]
Exhibit "B"
Total Closing Costs TBD Entry Agreement Yes No
Total Purchase Price $2,180.00 Addendum attached hereto and made a Yes No
TOTAL WARRANT*#* TBD pact 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: 20t Street (Cloud Road to Tamar Road) PCN: _TT0583
Assessor Parcel No.: 211-69-006A Item No _D23675
Right of Way Agent: Michelle Moy Telephone # (602) 506-8684

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.

Insteuctions 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 tue 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 pactial 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 Cad: Schottel, « maried man ag RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
his sole and separate property
Be

MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF

OF TRANSPORTATION SUPERVISORS 3

Carl DeSchgttch SIGNED [N COUNTERPART

DQ Ah pf
Date: [“A)- AL] L_obb ff

Real Property Manager_. —.—-——-- Chairman of the Board
ATTEST:
Date n ‘\ 4 aif

ahs AV
Approved as to form within the

powers and authority of the Board of

Security Title Agenc ‘ Clerk of the Board of Supervisors
ty gency Supervisors P
ae a SIGHED TH COUNTERPART SEP 0 2 2020
ESCROW OFFICER
Deputy County Attorney _ Date Date

RES/KGR Revised 2/3/2017

Page 2 of 3

DocuSign Envelope ID; 69D01EA5-8B2A-491A-B527-D16ECCDED268
a

‘The GRANTOR, having executed a conveyance of cectain real property rights to the GRANTEE as described in the Exhibit(s) attached hereto and made
a pact hereof, and having delivered same to the above ‘litle Company as Escrow Agent, said agent is dicected 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, leaschold interests, special assessments, and other encumbrances 2s may
be authorized for payment, and the balance theccof shall be paid in accordance with the terms herein.

Instcuctions to Escrow Agent: Deposit all escrowed funds in esccow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all
agreed items; xecord such escrowed instcuments as are necessary or proper in the issuance of title insurance; and pay the balance of the esccowed 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 teuc and correct statement of disbucsement of funds collected from MARICOPA COUNTY.”

‘The Escrow Agent is to cequest the Gmntor acknowledge receipt of the amount shown on the closing statement as due Grantor. Hither 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 though 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 hecein is accepted by the Grantor as full and complete compensation for the interest being acquired. If the acquisition
is a pactial 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 mannec 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
COUNT ''s negligence, or by the negligent acts or conduct of its ngents, 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.

Itis further agcced 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: Cad D. Schottel, a mactied manas | | RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
his sole and separate property
C0 SS Se
aS Shetty MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS

Carl DSchgtteh ‘ame * SIGNED TN COUNTERPART

Date: [i ~All Kimberly. Komero

~ SE FOR
Real Property Manager Chairman of the Board
8/3/2020
ATYEST:
Date

Approved as to form within the

Security Title Agency powers and authosity of the Board of Clerk of the Board of Supervisors

Supepyisors sec nys

Accepted Date [ Ged Bude 9/3/9090 SIGNED IN COUNTERPART

ESCROW OFFICER,

2.
Deputy County Attorney Date Date

RES/KGR Revised 2/3/2017

Page 2 of 3

EXHIBIT "B"
RIGHT OF WAY AGREEMENT

Parcel No.: 211-69-006A

Project No.: TT0583

Project Name: 20% Street

Project Termini: (Cloud Road to Tamat Road)
Item No.: D23675 (MM)

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:

o>

To use the real property described herein for the general welfare and benefit of the public.

To pay the Grantor the sum of One Thousand Nine Hundted Eighty and No/100 Dollats ($1,980.00) as
payment in full for the real property desctibed herein.

To pay the Grantor the sum of Two Hundted and No/100 Dollats ($200.00) as payment in full for the two
Temporaty Driveway Construction Easements on the property described herein. (Paid outside of closing)

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 desctibed 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 charged to the
Grantor.

THE GRANTOR AGREE:

1.

2.

3.

To grant a Warranty Deed for the real property desctibed in Exhibit "A" to the County of Maricopa for the general
welfare and benefit of the public.

To accept the sum of One Thousand Nine Hundted Eighty and No/100 Dollars ($1,980.00) as payment in full
for the property described herein.

To accept the sum of Two Hundred and No/100 Dollats ($200.00) as payment in full for the two Temporary
Driveway Construction Easements 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 "D" above.

Page 3 of 3

Parcel No. 211-69-006A
Project No. TT0583
207! STREET
(CLOUD ROAD TO TAMAR RD)
Item No. D23675

EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY

A parcel of land in the Northeast 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 Northeast corner of said Section 34, a brass cap in a handhole, bears South 89°51'25" East,
for a distance of 2648.03 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 South 00°03'44" West, for a distance of 165.37 feet to the
Point of Beginning;

thence departing said midsection line South 90°00'00" East, for a distance of 50.00 feet to a point in a
line parallel with and 50.00 feet easterly of said midsection line;

thence along said parallel line South 00°03'44" West, for a distance of 165.25 feet;

thence departing said parallel line South 89°50'24" West, for a distance of 50,00 feet to a point on said

midsection line;
thence along said midsection line North 00°03'44" East, for a distance of 165.39 feet to the Point of

Beginning.

The above described parcel contains 8,266 square feet or 0.1898 acres, more or less.

MARICOPA COUNTY
Prelim: 09/01/2019 __| Chk:JA ~_[ Appr:z Vf 2-27-2014
Rev:

Maricopa County Real Estate Department

GRANTOR DATE
EXHIBIT “A”
Page 1 of 1

R3
N.T.S. E JOY RANCH RD S89°51'25"E
SECIN. 2BFB03
x
211-69-006D
L2
POB
NO. |BEARING __| LENGTH
Lt |s00°03'44"W| 165.37" .
12 _|S90°00;00"E| 60.00" % 1 « CARL D SCHOTTEL
13 [8 0070344" W] 165.25" Lg a0 211-69-006A
L4__ |S 89°60'24" W| 50.00" a nN 1
Ls [Nootos44"E| 165,30" E .
a3 14
z3
3 211-69-009A
=
3
a
Q
=
aA
16H a

CJ

R3E

Total Req'd. R/W Area: 8,266 square foot or 0.1898 acres

MARICOPA COUNTY REAL ESTATE DEPARTMENT

TT0583 20th Street - Cloud Road to Tamar Rd

PROJECT No, TTO583

ITEM No. D23675

DATE 09/01/2019

MARICOPA COUNTY

RW AGENT W.J.

N.T.S.

R3G
E JOY RANCH RD $89°51'25°E
SEC LN 2046,03
211-69-006D
10'X22'
/_220.00'
Lj DWTCE|STA 60+74.50
_ CARL D SCHOTTEL
8 i 211-69-006A
5 ¢ 1
N 1 DWTCEISTA 59+70.00
i I
58
NS
oO
78 10°X80"
7) 800.00'
> 211-69-009A
G
a
Q
=
a
6 =
V7,
R3E

Total Req'd. R/W Area: 1,020 square foot or 0.0234 acres

MARICOPA COUNTY REAL ESTATE DEPARTMENT

TT0583 20th Street - Cloud Road to Tamar Rd

PROJECT No. TT0583

ITEM No. D23675

DATE 09/01/2019

MARICOPA COUNTY

RW AGENT W.J.

N.T.S,

Total Req'd. R/W Area: 1,020 square foot or 0.0234 acres
MARICOPA COUNTY REAL ESTATE DEPARTMENT

TT0583 20th Street - Cloud Road to Tamar Rd
PROJECT No. TT0583 | ITEM No. D23675 | DATE 09/01/2019 |} MARICOPACOUNTY | RIWAGENT W.J. |