E. D24093 - PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS.PDF

Maricopa County — Formal (2021-12-08)

View PDF Item 99 Meeting page

Extracted text (via ocr_local) 20317 characters

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions

Title Company Security Title Agency, Inc Date October 12, 2021

Address 4722 N 24* Street, Suite 200 Phone 602-230-6271

City Phoenix, AZ85016 Fax 602-926-0452

Escrow Officer Jason Bryant Email JBRYANT@SECURITYITILE.COM

Escrow No. 15210458-015-JBo-SW

Recreation Centers of Sun City West, Inc., an Arizona non-profit

Grantor: corporation Phone: 623-544-6127

Contact Russ Boston Phone:

Mailing Address: | 19803 RH Johnson Boulevard, #D2 Email Russ.boston@suncitywest.com
City, State Zip Sun City West, AZ 85375 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 ;
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.
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 | l
KX) 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.LA. regardless of the closing date.
Taxes -Prorated |
KX] Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD
[J Other Disbursements: |
Sub Total TBD
Drainage Easements* $621.00 1
Temporary Construction 12
Easement $83.00 Possession date:
Close of escrow:
Total Compensation $705.00 Date of recording:
Special Conditions Right of Way Contract Yes KX] | No
Exhibit "B"
Total Escrow & Title Costs TBD 14 Entry Agreement Yes [] | No
Total Purchase Price Addendum attached hereto and made a Yes] | NoX
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.

**k P.O.C Paid outside of closing

Project: Meeker Boulevard and Granite Valley Drive PCN: | TT0602
Assessor Parcel No.: 232-17-362 Item No | D24093
Right of Way Agent: Michelle Moy Telephone # | 602-506-8684

Page 1 of 9

The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the ExAibit(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:
Recreation Centers of Sun City West, Inc.,
an Arizona non-profit corporation : MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
By:. See gaaur C. Fir Tzs1meus OF TRANSPORTATION SUPERVISORS
@ 4 > .
ety < STORED Hi COUNTERPART
pidhins ©. Te sow imd—
So Real Property Manager Chairman of the Board

Is Pes clef — LESCW, ——

Coeverniag Sr>rd ATTEST:

‘ (eA Date

Approved as to form within the

powers and authority of the Board of Clerk of the Board of Supervisors

Date /O. 2O- 2D]

Supervisors .
SIGHED [W COUNTERPART

Deputy. County Attorney Date Date

Accepted

ESCROW OFFICER DATE,

RES/KGR Revised 2/3/2017

Page 2 of 9

DocuSign Envelope ID: C861B50B-8B60-485E-9975-450045C2E4C2

The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) attached hereto and made i
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 esccowed 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.”

If any clement 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 pat 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.

ra igned- bys

SIGHED TN COUNTERPART

Kimberly, Romero

ay =
vishne ©. Tu dignwvh | presassenzgssis
So Real Property Manager Chairman of the Board
Its Aes rSent— £escw/ 11/3/2021
S eyepe hte 35rd ATTEST:

Approved as to form within the |
powers and authority of the Board of Clerk of the Board of Supervisors

Date /O., 2O- 2] Supervisors @:
* $18HED—Hi-EOUNTERPART——

Wayne Pete 117372021

\porhansanrsoant
Deputy County Attorney Date Date -------—-—--—_——---—— i

Accepted

ESCROW OFFICER DATE

RES/KGR Revised 2/3/2017

Page 2 of 9

EXHIBIT "B"
RIGHT OF WAY AGREEMENT

Patcel No.: 232-17-362

Project No.: TT0602

Project Name: Meeker Boulevard and Granite Valley Drive
Item No.: D24093 (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:

A.
B.

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

To pay the Grantors the sum of Six Hundred Twenty-One and No/100 Dollats ($621.00) as payment in full for
the Drainage Easement on the property described herein.

To pay the Grantors the sum of Eighty-Three and No/100 Dollars ($83.00) as payment in full for the Temporary
Construction Easement on the property described herein.

That, if in the opinion of the Transportation Director it becomes necessaty, 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.

That no costs relating to construction of roadway improvements on Project No. TT0602 will be charged to the
Grantor.

THE GRANTORS AGREE:

To grant a Drainage Easement and Temporary Construction Easement for the real property described in Exhibit "A"
to the County of Maricopa for the general welfare and benefit of the public.

To accept the sum of Six Hundred Twenty-One and No/100 Dollars ($621.00) as payment in full for the
Drainage Easement on the property desctibed herein.

To accept the sum of Eighty-Three and No/100 Dollars ($83.00) as payment in full for the Temporary
Construction Easement on the property described herein.

That the County, ot 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 9

Exhibit “A”
Attached to Drainage Easement
Parcel No. 232-17-362
Project No. TT0602
MEEKER BOULEVARD AT GRANITE VALLEY DRIVE
Item No. D24093-DE
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT

A parcel of land in the Northwest Quarter of Section Twenty, Township Four North, Range One
West of the Gila and Salt River Base and Meridian, and being more particularly described as
follows:

Commencing at a point on the Southwesterly Right line of Granite Valley Drive, being the
common corner to Lot 57 and Tract “B” of Sun City West Unit 36 Plat recorded in Book 310 of
Maps, Page 35 Maricopa County Records; Said point being also the beginning of a curve
concave to the Northeast; thence, from a radial line bearing South 42°10'32" West, southeasterly
along the arc of a curve concave to the northeast having a radius of 840.00 feet and a central
angle of 00°37'18", for an arc distance of 9.11 feet to the Point of Beginning;

thence, from a radial line bearing South 41°33'15" West, southeasterly along the arc of a curve
concave to the northeast having a radius of 840.00 feet and a central angle of 02°15'28", for an
arc distance of 33.10 feet to the beginning of a non-tangent line;

thence South 39°17'47" West, for a distance of 15.00 feet radial to the next described curve;
thence, from a radial line bearing South 39°17'47" West, northwesterly along the arc of a curve
concave to the northeast having a radius of 855.00 feet and a central angle of 02°15'28", for an
arc distance of 33.69 feet to the beginning of a non-tangent line;

thence North 41°33'15" East, for a distance of 15.00 feet to the Point of Beginning.

The above described parcel contains 501 square feet or 0.0115 acres, more or less.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

Prelim: 05/06/2021 KH __| Chk: | Appr: AWG 5/7/2021
Rev:

Maricopa County Real Estate Department

GRANTOR 7 pate /0/29/2/ Page 4 of 9

Exhibit "B", Attached to Drainage Easement

Rapp Mark Allan/
Ann Carol
232-17-615
Lot 57,
Sun City West, Unit 36

D24093
Recreational Centers of

Not to Scale

Sun City West Inc NO. oe W
232-17-362 Rao 1s 41°33" W
Sun City West,Tract B, Unit 36 RB3 $ 39°17'47" W
Bk 310 of Maps, Pg 35 NO. | BEARING | LENGTH
1 $ 39°17'47"W_|__ 15.00!
L2 N 41°33'5" E 15.00'
NO. |RADIUS | DELTA LENGTH [TANGENT
C1 840.00' | 00°37'18" | 9.11" 4,56"
C2 | 840.00' | 02°15'28"| 33.10' | 16.55"
C3 | 855.00' | 02°15'28"| 33.60 | 16.85"

D24093-DE Area: 501 square feet or 0.0115 acres
Total Req'd. Area: 501 square feet or 0.0115 acres

1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

MEEKER BOULEVARD AT GRANITE VALLEY DRIVE

PROJECT No. TT0602

ITEM No. D24093-DE

DATE 05/06/2021

RW S.O. Tech K.H.

Page 5 of 9

Exhibit "B", Attached to Drainage Easement

D24093-DE Area: 501 square feet or 0.0115 acres
Total Req'd. Area: 501 square feet or 0.0115 acres

PROJECT No. TT0602 ITEM No. D24093-DE DATE 05/06/2021 RW S.0. Tech K.H. Page 6 of 9

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 232-17-362
Project No. TT0602
MEEKER BOULEVARD AT GRANITE VALLEY DRIVE
Item No. D24093-TCE
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT

A parcel of land in the Northwest Quarter of Section Twenty, Township Four North, Range One West
of the Gila and Salt River Base and Meridian, and being more particularly described as follows:

Commencing at a point on the Southwesterly Right line of Granite Valley Drive, being the common
corner to Lot 57 and Tract “B” of Sun City West Unit 36 Plat recorded in Book 310 of Maps, Page 35
Maricopa County Records; Said point being also the beginning of a curve concave to the Northeast to
which point a radial line bears South 42°10'32" West having a radius of 840.00 feet;

Thence southeasterly along the arc of said curve having a central angle of 02°52'45", for an arc
distance of 42.21 feet to the Point of Beginning and to which point a radial line bears South 39°17'48"
West having a radius of 840.00 feet;

Thence continuing southeasterly along last said curve, having a central angle of 01°47'55", for an arc
distance of 26.37 feet to the beginning of a non-tangent line;

Thence South 37°29'53" West, for a distance of 15.00 feet to the beginning of a non-tangent curve
concave to the Northeast and to which point a radial line bears South 37°29'53" West having a radius
of 855.00 feet;

Thence northwesterly along said curve having a central angle of 01°47'55", for and arc distance of
26.84 feet to a non-tangent line;

Thence North 39°17'47" East, for a distance of 15.00 feet to the Point of Beginning.

The above described parcel contains 399 square feet or 0.0092 acres, more or less, and is depicted on
attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 03/23/2020 KH _| Chk: | Appr: AWG 4/12/2021
Rev:

Maricopa County Real Estate Department

GRANTOR Sf DATE 10/20/2)

Page 7 of 9

Exhibit "B", Attached to Temporary Construction Easement N

Not to Scale

Rapp Mark Allan/
Ann Carol
232-17-615
Lot 57,
Sun City West, Unit 36

D24093
Recreational Centers of

‘ NO. BEARING
Sun City West Inc RBt 3 49"10'30" W
232-17-362 RB2 § 39°17'48" W
Sun City West,Tract B, Unit 36 RB3 S 37°29'53" W
Bk 310 of Maps, Pg 35
NO. BEARING __| LENGTH
L1 S 37°29'53"W_| _15.00'
L2 N39°17'47"E | 15.00'
NO. | RADIUS DELTA _| LENGTH | TANGENT
C1_| 840.00" 02°52'45" | 42.21' 21.11'
C2_| 840.00 01°47'55"__ | 26.37! 13.19"
C3_[ 855.00" 01°47'55" 26.84 13.42"

D24093-TCE Area: 399 square feet or 0.0092 acres

Total Req'd. Area: 399 square feet or 0.0092 acres toft

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

MEEKER BOULEVARD AT GRANITE VALLEY DRIVE

PROJECT No. TT0602 ITEM No, D24093-TCE DATE 04/06/2021 RW S.0. Tech K.H. Page 8 of 9

Exhibit "B", Attached to Temporary Construction Easement

ATEN

Ber ils
Recrgeitamne eerenian oF
Pp seaitval isHits
Br eae: 3072
SLU SIORIGIS carte meeeacindi 3

Biss 10 Of (ge eas aaeate

le i
C3 855.00! 01°47'55" 26.84’ 1e2

D24093-TCE Area: 399 square feet or 0.0092 acres
Total Req'd. Area: 399 square feet or 0.0092 acres

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

MEEKER BOULEVARD AT GRANITE VALLEY DRIVE

PROJECT No. TT0602 ITEM No, D24093-TCE DATE 04/09/2021 RW S.0. Tech K.H. Page 9 of 9