B. D24230 - PURCHASE AGREEMENT.PDF

Maricopa County — Formal (2021-12-08)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions

Title Company Security Title Agency, Inc Date August 16, 2021
Address 4722 N 24% Street, Suite 200 Phone 602-230-6271
City Phoenix, AZ85016 Fax 602-926-0452
BRYANT@SECURITY
Escrow Officer Jason Bryant Email TITLE.COM
Escrow No. 15210465-015-JB6-SW
William D. Hughes and Valerie A. Hughes, husband and wife as community property
Grantor: with right of Survivorship Phone: | 602-571-5494
Contact William and Valerie Hughes Phone:
dreamweaverl 956@out
Mailing Address: | 331. N 55th Place Email look.com
City, State Zip Mesa, AZ 85205 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 Sub- Charges and Disbursements to be paid from Grantor's funds as follows
deposit with the Title Company if escrowed, the purchase price Object | (check all that apply):
plus all lawful costs incidental to closing as follows: Code ; :
Escrow Fees TBD [J] 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 Pay in full all due and delinquent real property taxes and
Title Report Credit 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.
Release of Lease | |
[x] 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
Release Fees Maricopa County's partial acquisition, and any Certificate(s)
Consent Fees of Purchase. The current year's taxes shall not be prorated
S.R.V.W.U.A. regardless of the closing date.
Taxes -Prorated | [
L]_Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD
LJ] Other Disbursements: I
Sub Total TBD
Land* $1,271.00 11
Improvements* $259.00 10 Possession date:
Temporary Construction 12
Easement $140.00 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes KJ | NoC]
Total Compensation $1,670.00 Exhibit "B"
Total Escrow & Title Costs TBD 14 Entry Agreement Yes] | Nok
Total Purchase Price $1,670.00 Addendum attached hereto and made a Yes L] | 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.

Project: University Drive ADA Improvement Project PCN: | TT06012
Assessor Parcel No.: 141-74-102 Item No | D24230
Right of Way Agent: Wayne Jones Telephone # | 602-506-4747

Page 1 of 9

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.

This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.

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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:

William D. Hughes and Valerie A. Hughes,
husband and wife as community property with
sight of survivorship

Ny lkiiam Woe Dhan MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
. ial OF gl] ORFAY teppkpT SUPERVISORS
William D. Hughes ore TORT ANE
Date. if- % -7{
Ul
, 4
Ze LL. A A 2 4t7 44 | Real Property Manager-———— Chairman of the Board
Valerie A. Hughes” ~
Date___ ff. B..  / ATTEST:
4 Date

Approved as to form within the

powers and authority of the Board of

Clerk of the Board of Supervisors
SQoeAnED | COUNTERPART

Accepted Date

ESCROW OFFICER

Deputy County Attorney Date Date

RES/KGR Revised 2/3/2017

Page 2 of 9

DocuSign Envelope ID: 8F627343-916F-4069-A79A-46E08956FBCE

The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Hxhibit(s) attached hereto and made
a pact 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 teue 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 teansaction 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.

This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.

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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
William D. Hughes and Valerie A. Hughes,
husband and wife as community property with
sight of survivorship
Nyhan oe Whi MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
: ii OF TRANSPORTATION SpRNEDSPHS COUNTERPART
William D. Hughes rt pp me
Date. if- 4 2 RNemterig, Romero
4 a BEEIASSFE2BSAIE
LLL ‘4 VY is NP 2, Real Property Manager Chairman of the Board
Valerie A. Hughes” g 11/3/2021
Date__ ff, 3-7 / ATTEST:
Date SIGNED Ly COUNTERPART
oe
Approved as to form within the
enn on authority of the Board of Clerk of the Board of Supervisors
Accepted ee
Date Wate Peck 11/3/2021
ESCROW OFFICER parbeos0pEs24D4
Deputy County Attorney Date Date

RES/KGR Revised 2/3/2017

Page 2 of 9

EXHIBIT "B"
RIGHT OF WAY AGREEMENT

Parcel No.: 141-74-102

Project No.: TT0612

Project Name: University Drive ADA Improvement Project
Project Termini: (Higley Rd to Power Rd)

Item No.: D24230 (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 teal property described herein for the general welfare and benefit of the public.

B. To pay the Grantors the sum of One Thousand Two Hundred Seventy-One and No/100 Dollats ($1,271.00) as
payment in full for the real property described herein.

C. To pay the Grantors the sum of Two Hundred Fifty-Nine and No/100 Dollars ($259.00) as payment in full for
the improvements located on the property described herein and broken out as follows:

4 small boulders (approximately 15 Lbs./ea. x $6.00/ea. =$ 24.00
3 tons of landscape gravel @ $45.00/ton =$135.00
Delivery of boulders and gravel =$100.00
Site Improvements Total =$259.00

D. To pay the Grantors the sum of One Hundred Forty and No/100 Dollars ($140.00) as payment in full for the
‘Temporary Construction Easement on the property described herein.

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. TT0612 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 One Thousand Two Hundred Seventy-One and No/100 Dollars ($1,271.00) as payment in
full for the property described herein.

3. To accept the sum of Two Hundted Fifty-Nine and No/100 Dollars ($259.00) as payment in full for the
improvements located on the property described herein and broken out as follows:

4 small boulders (approximately 15 Lbs./ea. x $6.00/ea. =$ 24.00
3 tons of landscape gravel @ $45.00/ton =$135.00
Delivery of boulders and gravel =$100.00
Site Improvements Total =$259.00

4. To accept the sum of One Hundred Forty and No/100 Dollars ($140.00) as payment in full for the Temporary
Construction Easement on the property described herein.

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 9

Exhibit “A”
Attached to Fee Simple Right of Way
Parcel No. 141-74-102
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24230-FEE

LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY

A parcel of land in Section 23, Township | North, Range 6 East of the Gila and Salt River Base and
Meridian, and being more particularly described as follows:

Commencing at the Northeast corner of Lot 160 of Dreamland Villa recorded in Book 089 of Maps,
Page 41, Maricopa County Records;

Thence, along the North line of said Lot 160, South 89°45'41" West, for a distance of 79.90 feet to the
Point of Beginning;

Thence, departing said North line, South 44°57'44" West, for a distance of 28.18 feet to the beginning
of a non-tangent curve concave to the southeast having a radius of 20.00 feet, and to which point a
radial line bears North 89°50'13" West;

thence northeasterly along the arc of said curve having a central angle of 89°35'55", for an arc distance
of 31.28 feet to the Point of Beginning.

The above described parcel contains 113 square feet or 0.0026 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 01/20/2021 HP _| Chk: | Appr: AWG 2/16/2021
Rev:

Maricopa County Real Estate Department

GRANTOR “hAAL DATE | [-)-2
Page | of I Page 4 of 9

Exhibit "B", Attached to Fee Simple Right of Way N

Not to Scale

NO. | RADIUS | DELTA _| LENGTH | TANGENT
Ci 20.00' | 89°35'55"} 31.28" 19.86'

NO. BEARING
RB1 N_89°50'13" W.

NO. BEARING LENGTH
L1 S 89°45'41" W | __79.90!
L2 S 44°57'44" W 28.18'

UNIVERSITY DR

POB POC
L1 EXIST _R/W

C1

Y D24230-FEE
oY D24230
RB1

HUGHES WILLIAM D/
vA VALERIE A
141-74-102

Lot 160

55TH PL

DREAMLAND VILLA 3
MCR 089-41

D24230-FEE Area: 113 square feet or 0.0026 acres

Total Req'd. Area: 113 square feet or 0.0026 acres 1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 141-74-102 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
PROJECT No. TT0612 | ITEMNo.024230-FEE | DATE 01/12/2021 RW W.J. Tech HP Page 5 of 9

Exhibit "B", Attached to Fee Simple Right of Way

.

a

D24230
seeemem |) | LAN D/
WALI A
Pt | - Sees
Lots

/aa*
DREAM. AND Vii Ags
MCR 089-41

r

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
APN 141-74-102 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 ITEM No. D24230-FEE DATE 01/12/2021 RW W.J. Tech HP Page 6 of 9

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-74-102
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24230-TCE

LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT

A parcel of land in Section 23, Township | North, Range 6 East of the Gila and Salt River Base and
Meridian, and being more particularly described as follows:

Commencing at the Northeast corner of Lot 160 of Dreamland Villa 3 recorded in Book 089 of Maps,
Page 41, Maricopa County Records;

thence South 89°45'41" West, for a distance of 72.80 feet to the Point of Beginning;

thence South 44°57'44" West, for a distance of 38.26 feet;

thence North 00°09'47" East, for a distance of 7.10 feet;

thence North 44°57'44" East, for a distance of 28.18 feet;

thence North 89°45'41" East, for a distance of 7.10 feet to the Point of Beginning.

The above described parcel contains 166 square feet or 0.0038 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 01/20/2021 HP_| Chk: | Appr:AWG 2/17/2021
Rev:

Maricopa County Real Estate Department

GRANTOR DATE \\- |— 2)
Page | of | Page 7 of 9

Exhibit "B", Attached to Temporary Construction Easement

Not to Scale

NO. BEARING LENGTH
L1 S 89°45'41" W 72.80'
L2 S 44°57'44" W | __ 38.26'
L3 N 00°09'47"E 7.10°
L4 N 44°57'44" E 28.18"
L5 N 89°45'41" E 7.10!

UNIVERSITY DR

ia POB PoC
_ Ls Lt ___sEXIST_RW
D24230
HUGHES WILLIAM D/
VALERIE A
141-74-102
aA D24230-TCE Lot 160

55TH PL

DREAMLAND VILLA 3
MCR 089-41

D24230-TCE Area: 166 square feet or 0.0038 acres
Total Req'd. Area: 166 square feet or 0.0038 acres

1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-74-102 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 ITEM No. D24230-TCE DATE 01/12/2021 RW W.J. Tech HP Page 8 of 9

Exhibit "B", Attached to Temporary Construction Easement

KJUGHES WILD a
VALERIE A
Wed ()2

0 ob 166

rs
=A

DRE MILAND WL BA 3
WR89-47

166 squa

2) 0-T a" re feet or 0.00384
Total Req'd. Area: 166 square feet or 0.0038 acres

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-74-102 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 ITEM No. D24230-TCE DATE 01/12/2021 RW W.J. Tech HP Page 9 of 9